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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. 10 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. 1 i 11 JANUARY 17, 2007 TOWN BOARD MEETING PAGE 3 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). 1Z_ 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. 1 1 LJ JANUARY 17, 2007 TOWN BOARD MEETING PAGE 5 13 1 1 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. 19 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 15 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.