HomeMy WebLinkAbout01-17-2007E
JANUARY 17, 2007
5:00 P.M.
TOWN BOARD MEETING
The Regular 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:
Supervisor, Richard Tupper
Councilman, Theodore Testa
Councilman, Edwin O'Donnell
Councilman, Ronal Rocco
Councilman, John Proud
Town Clerk, Karen Q. Snyder
Others present were: Town Attorney, John Folmer; Highway Sup't. Carl Bush; Planning
Board Member, Nick Renzi; Scott Smith from Clough Harbour & Associates; Attorney Kelly
Pronti, Harter Secrest & Emery; Stephanie Albright, APD Engineering; Barbara Tupper; John
Carroll; Representatives of AFLAC Insurance, Scott Kopatz and Nathan Forehand; Glenn
Reisweber, Lime Hollow Nature Center; Representatives of C.A.P.E.: Dr. Robert Rhodes, Catherine
Smith, Janis Peet Thomsen, and Arnold Talentino; Grace Meddaugh for Channel 2, Access TV; and
News Reporter Evan Geibel from the Cortland Standard;
Supervisor Tupper called the meeting to order.
Councilman Rocco made a motion, seconded by Councilman O'Donnell, to receive and
file the Planning Board Minutes of August 29, 2006. All voting aye, the motion was carried.
Councilman Rocco made a motion, seconded by Councilman Testa, to receive and file
the Planning Board Minutes of October 24, 2006. All voting aye, the motion was carried.
Councilman Proud made a motion; seconded by Councilman Rocco, to receive and file
the Zoning Board of Appeals Minutes of October 24, 2006. All voting aye, the motion was
carried.
RESOLUTION #16 AUTHORIZE PAYMENT OF VOUCHERS - JANUARY
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 #11 - 53
$
80,120.64
General Fund B
B1 - B5
$
10,634.85
Highway Fund DA
DA1 - DA1
$
738.50
Highway Fund DB
D4 - D18
$
39,627.35
Water Fund
W3 - W10
$
8,736.04
Sewer Fund
S 1 - S 1
$
4,667.71
Trust & Agency
T1 - T2
$
61,211.46
Capital Projects
H2 - H6
$172,344.50
Special Grants
SG2 - SG6
$
41,900.00
Supervisor Tupper offered privilege of the floor to those in attendance.
Councilman Rocco apprised the Board the owners of Buckbee-Mears removed the guards
who were watching and protecting the vacant building, which contains barrels of hazardous
material. The Environmental Protection Agency (EPA) was contacted regarding the situation.
The EPA would contact the owners in writing to ask permission to enter the building to remove
the barrels. Councilman Rocco contacted the Attorney Generals Office and explained the
situation. He questioned why the EPA could not get a court order to go in the vacant building
and remove the barrels. Councilman Rocco questioned whether representatives of C.A.P.E.
knew anything about the situation or what the course of action would be, since the building is
over the aquifer.
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JANUARY 17, 2007
TOWN BOARD MEETING
PAGE 2
Supervisor Tupper offered privilege of the floor to Glenn Reisweber.
Glenn Reisweber, Director of the Lime Hollow Nature Center, handed out literature on
the Nature Center, which included a fact sheet, the 2007 program schedule, and information on
the new Visitor Center on McLean Road. Mr. Reisweber informed the Board the Visitor Center
would have its Grand Opening on May 26, 2007.
The Nature Center is currently working on an "access to all" trail, which was rough -cut
by one of the Eagle Scouts from Homer. The trail, which runs about a 1/4 mile and overlooks
Gracie Pond and Trout Stream, connects to the Nature Center's other trails and would be
accessible to all people. Mr. Reisweber asked for community support in the project. The Nature
Center is also removing unsightly trash from the area.
Mr. Reisweber apprised the Board he hoped to renovate the historic barn located next to
the Nature Center. He would be looking for available grants to help fund the project. Also, there
is an initiative to connect the Nature Center's trail to the Lehigh Valley Trail.
Mr. Reisweber invited the Board and all the residents of Cortlandville to visit the Lime
Hollow Nature Center and to perhaps volunteer.
Councilman Rocco informed Mr. Reisweber that the Town was unsuccessful in its
numerous requests for a reduction in speed limit on McLean Road near the new Visitor Center.
Mr. Reisweber stated there have been two accidents near the site since November.
Councilman Proud suggested the Board make another attempt to get the speed limit
reduced. He suggested that once the Visitor Center is operating, and school buses are using the
facility, it may help the cause. With regard to the walking trails, Councilman Proud stated it was
his vision to have walking access extended throughout the Town in the future.
Councilman Testa suggested the Board write a letter to Senator Seward and
Assemblywoman Lifton and ask for their help in reducing the speed limit on McLean Road.
Supervisor Tupper offered privilege of the floor to Councilman O'Donnell.
Councilman O'Donnell apprised the Board the County had been successfully working on
the problem created by rainfall that affects residents on North Road.
Supervisor Tupper offered privilege of the floor to Scott Kopatz.
Scott Kopatz, Representative of AFLAC New York Insurance, gave a presentation on
AFLAC's Insurance options. Although the Town has an insurance program through Blue Cross
Blue Shield, AFLAC offers a supplemental policy to employees at no cost to the Town. The
program could be offered through payroll and would be pre-tax. The supplemental policy pays
on top of what an individual's regular insurance pays. The money would go directly to the
individual for his/her own use.
Councilman Testa suggested the AFLAC representatives make an appointment with the
Supervisor to explain the supplemental policy in more detail.
Supervisor Tupper agreed and requested that Mr. Kopatz contact his office to schedule an
appointment.
Supervisor Tupper offered privilege of the floor to Nick Renzi.
Planning Board Member, Nick Renzi apprised the Board the recent issue of Town Topics
has information on the training requirements for Planning Board and Zoning Board of Appeals
members. The State requires four hours of training per year. Any training over four hours could
be carried over to the following year.
Councilman Rocco questioned whether the Chairmen of the Planning and Zoning Boards
make the decision regarding whether the courses are acceptable.
Attorney Folmer apprised the Board that according to the statute the Town Board is
responsible for establishing and reaffirming that the requirement exists. The Board could make
the decision that any planning session offered by the Cortland County Planning Board or a
similar agency would be acceptable; that the cost incurred in connection to the training would be
paid for out of the Planning or Zoning budget; and permit excess training hours to be carried
over to the subsequent year. Attorney Folmer believed it was the Board's responsibility to
establish the rules.
Supervisor Tupper agreed the Board should adopt a policy on the required training.
Attorney Folmer would draft a resolution for the Board to adopt at its next meeting in
February.
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JANUARY 17, 2007
TOWN BOARD MEETING
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Supervisor Tupper offered privilege of the floor to Arnold Talentino.
Arnold Talentino, representing C.A.P.E., commented on Councilman Rocco's earlier
discussion on Buckbee-Mears and stated that the EPA does not tell C.A.P.E. any more than it
does the Town.
On another note, Mr. Talentino stated that C.A.P.E. resents innuendos that its members
are only interested in "getting rid" of Wal-Mart. Recently, a "Letter to the Editor" was printed in
the Cortland Standard doubting C.A.P.E.'s sincerity with regard to environmental issues.
According to Mr. Talentino, a representative of C.A.P.E. responded to the article the following
day, but the response was not printed. Mr. Talentino stated that members of C.A.P.E. have been
involved in visible environmental issues for the past 25 years, and that the organization is trying
to do something good for the community.
Councilman Rocco suggested C.A.P.E. take their issue up with the people who write the
articles. He questioned where C.A.P.E. was when the Town fought to keep a gas station from
being constructed on the corner of Route 13 and Lime Hollow Road over the aquifer.
Supervisor Tupper interjected and ended the discussion.
The monthly report of the Town Justice for the month of December 2006 was on the table
for review and is filed in the Town Clerk's office.
The Board was not prepared to appoint a Custodian for the Raymond G. Thorpe
Municipal Building at this time, and therefore placed the item under Old Business for the next
Town Board meeting.
Attorney Folmer reported:
Proposed Revised Zoning Ordinance:
Attorney Folmer apprised the Board there were some changes to make to the Proposed
Revised Zoning Ordinance. He requested the Board approve the following changes before
submitting the proposed ordinance to the County Planning Board for review, and before
conducting a public hearing:
1. On page 1 in the table, change 65% to 70% for Zone 2
2. On page 1 in the table, change 65% to 70% for Outside Wellhead zones
3. On page 2 add, after B, paragraph C, which reads as follows:
C. 1) Agricultural uses, single family and two family residential uses and accessory
residential uses shall be exempt from the lot coverage provisions of this Article.
2) Developed properties or sites in existence on the effective date of this Ordinance that
change ownership with no change in the size of an existing building, structure,
parking lot and/or driveway shall be exempt from the lot coverage provisions of this
Article.
3) Existing buildings, which are completely demolished and rebuilt, shall comply with
the provisions of this article.
4) For any properties that do not presently conform to lot coverage's required by this
ordinance any change in the physical size of an existing building or paved parking lot
or driveway that increases the impervious surface by 500 square feet or more shall
provide increased greenspace in accordance with the provisions of this Article. (i.e.,
if a building in the 1 a Zone where 50% lot coverage is allowed is expanded by 1000
square feet, 500 square feet of greenspace shall be provided on the site.)
5) Any parcel of three acres or less created by subdivision or other method after the
effective date of the Ordinance shall not exceed 65% lot coverage in Zones la and lb
and 70% in Zone 2 and Outside Wellhead Zones.
4. On page 10 in Dimensional Requirements paragraph B. Floor Area, change one hundred
thousand (100,000) to one hundred seventy-five thousand (175,000).
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JANUARY 17, 2007 TOWN BOARD MEETING PAGE 4
There was discussion regarding the above changes and the proposed ordinance.
Councilman Testa had a question regarding the proposed ordinance and language that
states "lots of parcels having three acres or less, regardless of location, shall provide 20%
greenspace (80% lot coverage). The Planning Board may, by Special Permit, reduce the
greenspace in lots or parcels having three acres or less area to 15% (85% lot coverage)." (Page
2) Councilman Testa questioned whether they should include a provision for the percent
allowable lot coverage in the wellhead zones that would allow for a special permit for increased
lot coverages.
Attorney Folmer stated the idea was to minimize the number of special permits applied
for, rather than to open the door for a lot of them.
Supervisor Tupper questioned whether it could fall under a request for a hardship.
Attorney Folmer stated the problem with a hardship request was that the property owner
could not apply for a variance due to a hardship that he/she created. The Appellate Division has
quoted in at least one decision that that they don't find any case in the State of New York that the
mere enactment of a zoning ordinance can be called a hardship. A property owner could ask for
a variance, but the Zoning Board of Appeals should not grant a special permit in the event that
the hardship claimed was self-created.
Nick Renzi added his comments regarding lot coverage, and stated that he supported the
draft revision.
The Board agreed to the changes discussed. Attorney Folmer suggested the Revised
Zoning Ordinance and the changes agreed upon be resubmitted to County Planning for review
and recommendations.
RESOLUTION #17 AUTHORIZE ATTORNEY FOLMER TO MAKE CHANGES TO
PROPOSED LOCAL LAW 2007 - REVISED ZONING
ORDINANCE AND FORWARD TO COUNTY PLANNING
FOR REVIEW AND RECOMMENDATIONS
Motion by Councilman Testa
Seconded by Councilman Rocco
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board hereby authorizes and directs the Town Attorney to make
the following changes to the proposed Local Law 2007 - Revised Zoning Ordinance:
1. On page 1 in the table, change 65% to 70% for Zone 2
2. On page 1 in the table, change 65% to 70% for Outside Wellhead zones
3. On page 2 add, after B, paragraph C, which reads as follows:
C. 1) Agricultural uses, single family and two family residential uses and accessory
residential uses shall be exempt from the lot coverage provisions of this Article.
2) Developed properties or sites in existence on the effective date of this Ordinance that
change ownership with no change in the size of an existing building, structure,
parking lot and/or driveway shall be exempt from the lot coverage provisions of this
Article.
3) Existing buildings, which are completely demolished and rebuilt, shall comply with
the provisions of this article.
4) For any properties that do not presently conform to lot coverage's required by this
ordinance any change in the physical size of an existing building or paved parking lot
or driveway that increases the impervious surface by 500 square feet or more shall
provide increased greenspace in accordance with the provisions of this Article. (i.e.,
if a building in the la Zone where 50% lot coverage is allowed is expanded by 1000
square feet, 500 square feet of greenspace shall be provided on the site.)
5) Any parcel of three acres or less created by subdivision or other method after the
effective date of the Ordinance shall not exceed 65% lot coverage in Zones la and lb
and 70% in Zone 2 and Outside Wellhead Zones.
4. On page 10 in Dimensional Requirements paragraph B. Floor Area, change one hundred
thousand (100,000) to one hundred seventy-five thousand (175,000).
AND BE IT FURTHER RESOLVED, the proposed Local Law shall be forwarded to the
Cortland County Planning Board for review and recommendations.
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JANUARY 17, 2007 TOWN BOARD MEETING PAGE 5
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Wal-Mart Supercenter PUD:
Attorney Folmer commented that the Planning Board was not able to provide a
recommendation regarding approval of the Wal-Mart Supercenter PUD. Attorney Folmer
suggested the Board schedule a public hearing on the Wal-Mart Supercenter PUD application. The
legal notice must be published in the paper by January 24, 2007. After discussion, the Board agreed
to schedule the public hearing for February 7, 2007, at 6:00 p.m. at the Cortlandville Fire Station.
The regularly scheduled Town Board meeting would be held at 5:00 p.m. on February 7, 2007 at the
Raymond G. Thorpe Municipal Building.
RESOLUTION #18 SCHEDULE PUBLIC HEARING FOR WAL-MART
SUPERCENTER PLANNED UNIT DEVELOPMENT
APPLICATION
Motion by Councilman Proud
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby schedule a Public Hearing for the Wal-Mart
Supercenter Planned Unit Development (PUD) application, submitted by APD Engineering, PLLC,
for properly located at the corner of Route 13 and Bennie Road, owned by Wal-Mart Stores East,
LP., tax map #105.00-01-22.211, for February 7, 2007 at 6:00 p.m., at the Cortlandville Fire Station,
999 NYS Route 13, Cortlandville, New York.
There was discussion regarding scheduling a Public Hearing for the Proposed Revised
Zoning Ordinance. Councilman Testa suggested the Board conduct the public hearing on February
8, 2007.
Councilman Proud voiced his concern that the Board may not have the County's
recommendations by February 8th, and suggested they not schedule the public hearing at this time.
Councilman Testa recalled that County Planning did not make any significant
recommendations the last time the proposed ordinance was submitted for their review.
Supervisor Tupper suggested the Board schedule the public hearing. If the County Planning
Board made significant suggestions to the proposed ordinance, the Board could either postpone the
public hearing, or not vote on the issue until the following meeting.
RESOLUTION #19 SCHEDULE PUBLIC HEARING FOR PROPOSED LOCAL
LAW OF 2007 — REVISED ZONING ORDINANCE
Motion by Councilman O'Donnell
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby schedule a Public Hearing regarding the
enactment of a Local Law of 2007 that would revise the Zoning Code of the Town of Cortlandville,
for February 8, 2007, at 6:00 p.m. at the Cortlandville Fire Station, 999 NYS Route 13,
Cortlandville, New York.
Attorney Kelly Pronti, representing Wal-Mart, informed the Board she would arrange for a
stenographer to attend the February 7, 2007 public hearing on the Wal-Mart Supercenter PUD. In
addition, Ms. Pronti submitted the Revised Site Plan to the Town Board for their review.
Request for Town to Convey Property:
Attorney Folmer apprised the Board he received a request from Dr. J. Lee Ambrose for
the Board to convey property to him that his wife Nancy Ambrose conveyed to the Town in
1993. There is a difference of opinion regarding where the property is located. Attorney Folmer
would get a copy of the deed, which would actually locate where the property is.
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JANUARY 17, 2007 TOWN BOARD MEETING PAGE 6
However, Attorney Folmer advised the Board they are constitutionally prohibited from giving
away municipal property.
Commons Avenue — Water & Sewer Line Easement:
Attorney Folmer apprised the Board there was an inquiry as to how far the water and
sewer lines extend on Commons Avenue. The Town was asked to obtain an easement on
Commons Avenue to extend the water and sewer lines further up Commons Avenue. Attorney
Folmer would discuss the issue with the Highway Sup't. and Water & Sewer Sup't.
Councilman Proud made a motion, seconded by Councilman Testa, to receive and file
correspondence from Diana Graser, NYS DOT, dated January 3, 2007, to Ms. Dena Kote of
3688 Hedgemoor Drive, notifying her that after conducting an investigation of the speed limit on
NYS Route 222, the NYS DOT determined that lowering the speed limit between Route 281 and
Lyncort Drive to 45 m.p.h. would be appropriate. All voting aye, the motion was carried.
RESOLUTION #20 AUTHORIZE SUPERVISOR TO EXECUTE CHANGE ORDER
01-03 FROM DIAMOND & THIEL CONSTRUCTION
COMPANY; 02-02 FROM JAMES L. LEWIS, INC.; 03-01
FROM KING & KING MECHANICAL, INC.; AND 04-03
FROM KNAPP ELECTRIC, INC. FOR THE EXPANSION/
RENOVATION OF THE RAYMOND G. THORPE
MUNICIPAL BUILDING
Motion by Councilman Rocco
Seconded by Councilman Proud
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to execute
change order 01-03 from Diamond & Thiel Construction Company; 02-02 from James L. Lewis,
Inc.; 03-01 from King & King Mechanical, Inc.; and 04-03 from Knapp Electric, Inc., extending
the completion date from January 12, 2007 to February 12, 2007 for Phase I of the
Expansion/Renovation of the Raymond G. Thorpe Municipal Building.
RESOLUTION #21 AUTHORIZE APPROVAL REQUEST OF JERRY AND SALLY
STEVENS FOR THE BLODGETT MILLS COMMUNITY
DEVELOPMENT HOUSING REHABILITATION PROGRAM
Motion by Councilman Rocco
Seconded by Councilman O'Donnell
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize the approval request of Jerry and
Sally Stevens for property located at 3342 US Route 11, Blodgett Mills, Town of Cortlandville,
for a 50% Direct Loan combined with a 50% Deferred Loan for the Blodgett Mills Community
Development Housing Rehabilitation Program, and it is further
RESOLVED, the work to be completed would include exterior carpentry, interior carpentry,
electrical, painting, insulation, and doors for a total cost of $23,920.00.
RESOLUTION 922 AMEND 2002 PERSONNEL POLICY SECTIONS 902-A
HEALTH INSURANCE/DENTAL INSURANCE AND 903-A
HEALTH AND DENTAL INSURANCE OF RETIRED
EMPLOYEES, TO REFLECT CHANGES IN CONTRIBUTIONS
RETROACTIVE TO JANUARY 1, 2007
Motion by Councilman Proud
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
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JANUARY 17, 2007 TOWN BOARD MEETING PAGE 7
WHEREAS, due to an increase in health insurance and dental insurance costs, the Town Board
determined it was appropriate to change the percent of contributions made by the Town and
employees/retirees towards the cost of health insurance and dental insurance, therefore
BE IT RESOLVED, the Town Board does hereby amend the 2002 Personnel Policy Section 902-
A — Health Insurance/Dental Insurance, by decreasing the Town's contribution towards the cost
of health insurance and dental insurance for its eligible employees and their dependants from
ninety (90) percent to eighty-nine (89) percent, and to therefore increase the percent of the
insurance premium that the employees are responsible for from ten (10) percent to eleven (11)
percent, and it is further
RESOLVED, the Town Board hereby amends the 2002 Personnel Policy Section 903-A Health
and Dental Insurance of Retired Employees, by decreasing the Town's contribution by one (1)
percent to full-time employees, including elected officials, who retired from the Town and their
eligible spouses, according to the following schedule:
Years of Service
Town's Contributions
10 years
49%
15 years
59%
20 years
69%
25 years
79%
AND BE IT FURTHER RESOLVED, the changes to the Personnel Policy are retroactive to
January 1, 2007.
Councilman Testa apprised those in attendance a pancake breakfast would be held
Sunday, January 21 St, 2007 at the Cortland Elks Lodge to benefit the Cortlandville Starr Road
Park & Recreation Center.
No further comments or discussion were heard.
Councilman Proud made a motion, seconded by Councilman Testa, to adjourn the
Regular Meeting. All voting aye, the motion was carried.
k.
The meeting was adjourned at 6:15 p.m.
Respectfully submitted,
Karen Q. Snyder, RMC
Town Clerk
Town of Cortlandville
*Note:
The draft version of this meeting was submitted to the Town Board for their review on
March 21, 2007.
. The final version of this meeting was approved as written at the Town Board meeting of
May 2, 2007.