Loading...
HomeMy WebLinkAbout10-18-2006Z 33 OCTOBER 18, 2006 5:00 P.M. PUBLIC HEARING NO. 1 AQUIFER PROTECTION PERMIT GERRY V. RUGGIERO, APPLICANT/RO CHURCH OF THE NAZARENE, RO MCLEAN ROAD TAX MAP #96.09-01-25.100 & 496.09-01-25.200 A Public Hearing was held by the Town Board of the Town of Cortlandville at the Raymond G. Thorpe Municipal Building, 3577 Terrace Road, Cortland, New York, concerning an Aquifer Protection Permit application submitted by Gerry V. Ruggiero permitting the construction of a five self -storage buildings with a total of 72 —10 ft. by 10 ft. units and 48 — 5 ft. by 10 ft. units. The property is located on the north side of McLean Road, approximately 300 ft. west of NYS Route 13/McLean Road intersection, in the Town of Cortlandville, tax map #96.09- 01-25.100 and 96.09-01-25.200. Members present: Supervisor, Richard C. Tupper Councilman, Theodore V. Testa Councilman, Edwin O'Donnell Councilman, Ronal L. Rocco Town Clerk, Karen Q. Snyder Absent: Councilman, John C. Proud Others present were: Town Attorney, John Folmer; Highway Sup't. Carl Bush; Planning Board Member, Nick Renzi; Scott Smith from Clough Harbour & Associates LLP.; Steve Cleason from APD Engineering; Paul Sylvestri from Harter, Secrest & Emery; Attorney Rick VanDonsel; Barbara Tupper; John Carroll; Jo Schaffer, City of Cortland Planning Commission; Tim and Connie Neff, Representatives of C.A.P.E.: Arnold Talentino, Robert Rhodes, Grace Meddaugh; Sharon Stevans for Channel 2, Access TV; and News Reporter, Evan Geibel from the Cortland Standard. Supervisor Tupper called the Public Hearing to order. Town Clerk, Karen Q. Snyder read aloud the legal notice as published, posted and filed. Supervisor Tupper offered privilege of the floor to those in attendance. Arnold Talentino questioned whether there was a way to monitor what would be stored in the proposed self -storage buildings. He was concerned that no substances be contained in the mini -storage units that could potentially leak into the aquifer. Attorney Folmer reported that the County Planning Board recommended the following conditions along with the approval of the Aquifer Permit: a stormwater pollution prevention plan; the proposed dry wells include pre -catch basins; the applicant submitting a sample lease agreement to the Town that prohibits the storage of hazardous materials within the mini - storage units; the flooring of the units consists of an impervious material such as concrete with no floor drains. No further comments or discussions were heard. Councilman Testa made a motion, seconded by Councilman Rocco, to close the public hearing. All voting aye, the motion was carried. The Public Hearing was closed at 5:05 p.m. Z3y OCTOBER 18, 2006 5:05 P.M. TOWN BOARD MEETING The Regular Town Board Meeting of the Town Board of the Town of Cortlandville was held at the Raymond G. Thorpe Municipal Building, 3577 Terrace Road, Cortland, New York, with Supervisor Tupper presiding. Members present: Absent: Supervisor, Richard C. Tupper Councilman, Theodore V. Testa Councilman, Edwin O'Donnell Councilman, Ronal L. Rocco Town Clerk, Karen Q. Snyder Councilman, John C. Proud Others present were: Town Attorney, John Folmer; Highway Sup't. Carl Bush; Planning Board Member, Nick Renzi; Scott Smith from Clough Harbour & Associates LLP.; Steve Cleason from APD Engineering; Paul Sylvestri from Harter, Secrest & Emery; Attorney Rick VanDonsel; Barbara Tupper; John Carroll; Jo Schaffer, City of Cortland Planning Commission; Tim and Connie Neff, Representatives of C.A.P.E.: Arnold Talentino, Robert Rhodes, and Grace Meddaugh; Sharon Stevans for Channel 2, Access TV; and News Reporter, Evan Geibel from the Cortland Standard. Supervisor Tupper called the meeting to order. Councilman Testa made a motion, seconded by Councilman Rocco, to approve the Special Town Board Minutes of September 28, 2006 as written. All voting aye, the motion was carried. RESOLUTION #184 AUTHORIZE PAYMENT OF VOUCHERS — OCTOBER Motion by Councilman O'Donnell Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED BE IT RESOLVED, the vouchers submitted have been audited and shall be paid as follows: General Fund A Vouchers #480 - 499 $ 5,665.22 General Fund B B107 - B108 $ 8,034.34 Highway Fund DB D438 - D462 $ 23,530.12 Water Fund W 197 - W205 $ 8,217.14 Sewer Fund S97 - S 105 $ 2,959.95 Capital Projects H19 - H26 $ 81,512.94 Supervisor Tupper offered privilege of the floor to those in attendance. Councilman Rocco thanked the County Sheriff for placing the speed -meter on the recently resurfaced McLean Road. Steve Cleason, with APD Engineering, presented the Board with 5 copies incorporating the modifications to the FEIS for the Wal-Mart Supercenter PUD application, which APD believed incorporated all of the comments from the different involved agencies. He stated that until the Board accepts the document as final it was not "out there for the involved agencies comments anyway." During the statement of findings any other issues could be incorporated. Monthly reports of the Town Justice and the Water & Sewer Dept. for the month of September 2006 were on the table for review and are filed in the Town Clerk's Office. 1 1 Z3s OCTOBER 18, 2006 TOWN BOARD MEETING PAGE 2 RESOLUTION #185 TABLE ACTION ON LOCAL LAW - 2006 REVISION TO ARTICLE XVI OF THE TOWN CODE STORMWATER MANAGEMENT AND EROSION AND SEDIMENT CONTROL ORDINANCE Motion by Councilman Rocco Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby table action on the proposed Local Law of 2006, Revision to Article XVI of the Town Code, Stormwater Management and Erosion and Sediment Control, until November 1, 2006. RESOLUTION #186 TABLE ACTION ON LOCAL LAW - 2006 REVISION TO ARTICLE XI OF THE TOWN CODE PLANNED UNIT DEVELOPMENT ORDINANCE Motion by Councilman Rocco Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby table action on the proposed Local Law of 2006, Revision to Article XI of the Town Code, Planned Unit Development Ordinance, until November 1, 2006. The Board conducted the SEQR Short Environmental Assessment Form for the Aquifer Protection Permit submitted by Gerry V. Ruggiero for property located on McLean Road. RESOLUTION #187 DECLARE NEGATIVE IMPACT FOR AQUIFER PROTECTION PERMIT 45 OF 2006 SUBMITTED BY GERRY V. RUGGIERO FOR PROPERTY LOCATED ON MCLEAN ROAD Motion by Councilman O'Donnell Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED WHEREAS, an Aquifer Protection Permit application was submitted by Gerry V. Ruggiero for property located on the north side of McLean Road, approximately 300 ft. west of NYS Route 13/1\4cLean Road intersection, permitting the construction of five self -storage buildings, with a total of 72 —10 ft. by 10 ft. units and 48 — 5 ft. by 10 ft. units, tax map #96.09-01-25.100 and 96.09-01- 25.200, and WHEREAS, the Town Board as Lead Agent, duly reviewed and completed the Short Environmental Assessment Form, therefore BE IT RESOLVED, the Town Board as Lead Agent, does hereby declare the proposed project of Gerry V. Ruggiero, Aquifer Protection Permit #5 of 2006, shall have no significant environmental impact. RESOLUTION #188 AUTHORIZE SUPERVISOR TO SIGN SEQRA APPLICATION OF AQUIFER PROTECTION PERMIT #5 OF 2006 Motion by Councilman O'Donnell Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Supervisor is hereby authorized and directed to sign the SEQRA application relating to Aquifer Protection Permit #5 of 2006, submitted by Gerry V. Ruggiero. 23� OCTOBER 18, 2006 TOWN BOARD MEETING PAGE 3 RESOLUTION #189 APPROVE AQUIFER PROTECTION PERMIT #5 OF 2006 SUBMITTED BY GERRY V. RUGGIERO FOR PROPERTY LOCATED ON MCLEAN ROAD SUBJECT TO CONDITIONS Motion by Councilman O'Donnell Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED WHEREAS, the Cortland County Planning Department and the Town Planning Board have reviewed and recommended approval of this Aquifer Protection Permit application, and WHEREAS, a Public Hearing was duly held by this Town Board, therefore BE IT RESOLVED, the Town Board does hereby approve Aquifer Protection Permit #5 of 2006, submitted by Gerry V. Ruggiero for property located on the north side of McLean Road, approximately 300 ft. west of NYS Route 13/1\4cLean Road intersection, permitting the construction of five self -storage buildings, with a total of 72 —10 ft. by 10 ft. units and 48 — 5 ft. by 10 ft. units, tax map #96.09-01-25.100 and 96.09-01-25.200, subject to the following conditions: 1. A stormwater pollution prevention plan being prepared for the site and approved by the Town if it is determined that the impervious surface of the site would increase by more than 10,000 sq. ft. as a result of the proposed use. Even if this proposal does not fall under the Town's stormwater ordinance, stormwater management and erosion and sediment control measures should be employed. 2. The proposed dry wells include pre -catch basins to capture solids. 3. Reduction of the proposed driveway width accessing McLean Road to provide better control of traffic entering/exiting the site given its close proximity to the NYS Route 13/McLean Road intersection. 4. County Highway Superintendent approval of the driveway entrance onto McLean Road since McLean Road is a county road. The applicant must submit driveway/culvert details to the County Highway Superintendent as part of this review. Lighting on the site being directed so as to not adversely impact neighboring properties. 6. The applicant submitting a sample lease agreement to the Town that prohibits the storage of hazardous materials within the mini -storage units. 7. The flooring of the units consists of an impervious material such as concrete with no floor drains. 8. The two parcels being consolidated by deed to insure that the easternmost units retain access in the future. 9. A negative declaration of environmental impact under SEQR. AND IT IS FURTHER RESOLVED, the Supervisor is hereby authorized to sign the permit. There was a brief discussion regarding the 2007 Budget. Supervisor Tupper explained that the 2007 preliminary budget called for a $0.15 increase from the 2006 budget, which would be $3.70. RESOLUTION #190 SCHEDULE PUBLIC HEARING REGARDING THE 2007 PRELIMINARY BUDGET Motion by Councilman O'Donnell Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED Z37 OCTOBER 18, 2006 TOWN BOARD MEETING PAGE 4 BE IT RESOLVED, a Public Hearing is hereby scheduled to be held on November 1, 2006 at 7:00 p.m. regarding the 2007 Preliminary Budget, and it is further RESOLVED, that 20 copies shall be made available for distribution to the public on October 27, 2006. RESOLUTION #191 SCHEDULE DATE TO ADOPT 2007 PRELIMINARY BUDGET AS THE 2007 ADOPTED BUDGET Motion by Councilman Rocco Seconded by -Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board shall adopt the 2007 Preliminary Budget as the 2007 Adopted Budget on November 15, 2006 at 5:00 p.m. RESOLUTION #192 SCHEDULE PUBLIC HEARINGS REGARDING A COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION FOR A "TOWNWIDE ELDERLY REHABILITATION PROGRAM" FOR DECEMBER 20, 2006 AND MARCH 21.2007 Motion by Councilman O'Donnell Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED BE IT RESOLVED, Public Hearings shall be scheduled for December 20, 2006 at 9:00 a.m. and March 21, 2007 at 5:00 p.m, regarding a Community Development Block Grant application for a "Townwide Elderly Rehabilitation Program." Attorney Folmer reported: Acquisition of Land from John Murdock: Attorney Folmer apprised the Board that in order to accomplish the acquisition of land from John Murdock, for property on Cedar Crest Drive, a subdivision would have to be approved by the Town Planning Board. The Board would make application to the Planning Board for a subdivision and would also ask them to affirm that the building lot remaining would be a viable and appropriate building lot. Mr. Murdock would not convey the land to the Town without such assurance. FEIS - Wal-Mart Supercenter PUD Application: With regard to the FEIS, the Board was not in a position to declare that the FEIS was complete. Attorney Folmer anticipated the Board would be able to make a determination at the November 1, 2006 meeting. Once the FEIS is deemed complete, a 10-day public comment period would follow, and the document would be posted on the internet. Bonding: Attorney Folmer apprised the Board he was completing the financial arrangements regarding bonding, which would allow the Town to start paying the bills for the Renovation/Expansion of the Raymond G. Thorpe Municipal Building. Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and file correspondence from Kenneth Flood, Director, Governor's Office for Small Cities, dated September 27, 2006, regarding the Blodgett Mills Community Development Block Grant, 12 month project completion notice. All voting aye, the motion was carried. Z_38 OCTOBER 18, 2006 TOWN BOARD MEETING PAGE 5 Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and file correspondence from Angie Wyatt, Confidential Secretary, Cortland County Self Insurance Fund, dated October 4, 2006, regarding the 2007 Worker's Compensations Assessment. All voting aye, the motion was carried. Councilman Rocco made a motion, seconded by Councilman Testa, to receive and file correspondence from Carl F. Ford, P.E., Acting Regional Director of Transportation, NYS DOT, dated October 6, 2006, regarding the Wal-Mart Supercenter PUD application and the mitigative measures needed along NYS Route 13. All voting aye, the motion was carried. Councilman Testa made a motion, seconded by Councilman Rocco, to receive and file correspondence from Sheriff Lee Price, Cortland County Sheriff's Department, dated October 10, 2006, regarding the proposed Wal-Mart Supercenter and the Sheriff Department's request for three additional officers to patrol the Town. All voting aye, the motion was carried. Councilman Rocco made a motion, seconded by Councilman O'Donnell, to receive and file correspondence from Clough Harbour & Associates LLP, dated October 12, 2006, regarding the Technical Review of the Final Environmental Impact Statement for the Wal-Mart Supercenter PUD application. All voting aye, the motion was carried. Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and file correspondence regarding the proposed Revised Stormwater Management and Erosion and Sediment Control Ordinance, and the proposed Revised Planned Unit Development Ordinance from the following people: Jo Schaffer, dated October 6, 2006; Arnold Talentino, dated October 9, 2006; Jamie Dangler, representing C.A.P.E., dated October 11, 2006. All voting aye, the motion was carried. RESOLUTION #193 TABLE ACTION ON A RESOLUTION REGARDING WATER & SEWER BENEFIT TAX FOR THE RENAISSANCE DEVELOPMENT Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby table action on a resolution regarding the Water & Sewer Benefit Tax for the Renaissance Development until November 1, 2006. RESOLUTION #194 APPOINT DELEGATE AND ALTERNATE TO VOTE AT THE ASSOCIATION OF TOWNS ANNUAL MEETING Motion by Councilman Rocco Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED, Code Enforcement Officer, Bruce Weber, is hereby appointed as Delegate, and Town Clerk, Karen Q. Snyder, is hereby appointed as Alternate, to represent the Town of Cortlandville at the Association of Towns Annual Meeting, to be held in New York City in February of 2007. RESOLUTION #195 AUTHORIZE SUPERVISOR TO APPROVE AND SIGN CHANGE ORDERS FOR THE HIGHLAND ROAD SEWER IMPROVEMENT PROJECT Motion by Councilman O'Donnell Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED Z.39 OCTOBER 18, 2006 TOWN BOARD MEETING PAGE 6 BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to approve and sign the change orders for the Highland Road Sewer Improvement Project. RESOLUTION #196 AUTHORIZE DENKENBERGER & GREENE TO CONDUCT BOUNDARY AND TOPOGRAPHIC SURVEY AND CLOUGH HARBOUR & ASSOCIATES TO REVIEW AND REPORT ON THE SURVEY IN REGARD TO THE BELL DRIVE DRAINAGE PROBLEMS Motion by Councilman O'Donnell Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby authorize and direct Denkenberger & Greene to conduct a boundary and topographic survey of property along the southerly boundary of the Cortland Country Club, the east edge of West Homer Road, across the railroad to the west side of Route 11, in an amount not to exceed $7,500.00, and it is further RESOLVED, that the Town's engineering consultants, Clough Harbour & Associates LLP., is hereby authorized and directed to review and report on the boundary and topographic survey completed by Denkenberger & Greene, in regard to the Bell Drive Drainage Problems, in an amount not to exceed $3,500.00. RESOLUTION #197 PROCLAIM OCTOBER 23an-31sT, 2006 AS RED RIBBON WEEK IN THE TOWN OF CORTLANDVILLE Motion by Councilman Rocco Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED WHEREAS, local leaders, in government and in the community, know that the support of the people in the neighborhoods is the most effective tool they can have in their efforts to reduce the use of alcohol, tobacco, and other drugs, and WHEREAS, success will not occur overnight, our patience and continued commitment to drug education and prevention and imperative, and WHEREAS, the red ribbon was chosen as a symbol commemorating the work of Enrique "Kiki" Camarena, a Drug Enforcement Administration agent, who was murdered in the line of duty and has come to represent the belief that one person can make a difference, and WHEREAS, Red Ribbon Campaign was established by Congress in 1988 to promote this belief and encourage a drug -free lifestyle and involvement in drug prevention efforts, and WHEREAS, the Cortland Area Community that Cares Coalition is working to help create awareness of the alcohol and drug problems facing our county, and to promote a drug -free lifestyle for youth, and WHEREAS, October 23`d-315t, 2006 has been designated Red Ribbon Week calling on all Cortland County residents to show their support for a drug -free county by wearing a red ribbon and participating in drug -free activities during that week, therefore BE IT RESOLVED, the Town Board of the Town of Cortlandville does hereby proclaim October 23rd-31St, 2006 as Red Ribbon Week in the Town of Cortlandville, and encourages all citizens, businesses, public and private agencies, media, religious and educational institutions to wear and display red ribbons and participate in drug -free activities throughout the week, joining the rest of the county in promoting the Red Ribbon Celebration and a drug -free Cortland County. z HO OCTOBER 18, 2006 TOWN BOARD MEETING PAGE 7 No further comments or discussion were heard. Councilman Rocco made a motion, seconded by Councilman O'Donnell, to adjourn the Regular Meeting. All voting aye, the motion was carried. The meeting was adjourned at 5 :3 5 p.m. Respe tfully submitted, Karen Q. Snyder, RMC Town Clerk Town of Cortlandville 1 1