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HomeMy WebLinkAbout03-21-2007MARCH 21, 2007 5:00 P.M. PUBLIC HEARING NO. 1 COMMUNITY DEVELOPMENT BLOCK GRANT TOWN WIDE ELDERLY HOUSING REHABILITATION PROGRAM 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 the application to New York State for funding under the federal Small Cities Community Development Program for a Town Wide Elderly Housing Rehabilitation Program, with a maximum funding request of $400,000.00. 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 Members, Nick Renzi and James Bugh; Walt Kalina, Clough Harbour & Associates, LLP; Ann Hotchkin, Thoma Development Consultants; Bill Breidenger, representing the Homer - Cortland Community Agency; Karen Niday, Director, Cortland Empire Zone Program; Douglas Withey; Shirley Randolph; Kristie Rice; Duane Shoen, from Ciaschi, Dietershagen, Little & Mickelson & Company, LLP; Mecke Nagel; Dick Benchley; David (unknown); Representatives of C.A.P.E.: Julia Ganson, Catherine D. Smith, Robert Rhodes, Grace Meddaugh, Arnold Talentino, and Jan Thomsen; Sharon Stevens for Channel 2, Access TV; News Reporter, Eric Mulvihill from WXHC; 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 published, posted and filed legal notice. Supervisor Tupper explained the grant for the Town Wide Elderly Housing Rehabilitation Program was similar to the grant the Town received for the hamlet of Blodgett Mills. However, this grant would be used for low-income senior citizens in substandard housing residing in the Town of Cortlandville. Supervisor Tupper offered privilege of the floor to those in attendance. Ann Hotchkin, from Thoma Development Consultants, provided the Board with a handout regarding the results from the survey they conducted within the Town. Thoma Development used the Town's list of those who were eligible for the elderly tax exemption. After putting an advertisement in the Cortland Standard, Thoma Development received a total of 82 responses. They determined there were at least 29 households that are both living in sub- standard housing and are income eligible. If the Town is successful in receiving the grant, Thoma Development would re -advertise as they were sure there were more eligible residents in the Town. Mrs. Hotchkin anticipated there would be a waiting list of interested residents hoping to be involved in the program. The estimated average cost for rehabilitation would be $20,000 per structure, for a total of 16 houses on a town -wide basis. Mrs. Hotchkin apprised the Board the application would be submitted April 9, 2007. The Town should be notified in August 2007 as to whether or not they were awarded the grant. No further comments or discussions were heard. Councilman O'Donnell made a motion, seconded by Councilman Testa, to close the Public Hearing. All voting aye, the motion was carried. The Public Hearing was closed at 5:05 p.m. MARCH 21, 2007 5:05 P.M. E 1 PUBLIC HEARING NO. 2 SHIFT OF OPERATION — EMPIRE ZONE W2 OPERATOR TRAINING GROUP, LLC . 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, regarding the relocation of W2 Operator Training Group, LLC located at 447 Hoy Road, Cortland, New York, into the City of Cortland Empire Zone. 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 Members, Nick Renzi and James Bugh; Walt Kalina, Clough Harbour & Associates, LLP; Ann Hotchkin, Thoma Development Consultants; Bill Breidenger, representing the Homer - Cortland Community Agency; Karen Niday, Director, Cortland Empire Zone Program; Douglas Withey; Shirley Randolph; Kristie Rice; Duane Shoen, from Ciaschi, Dietershagen, Little & Mickelson & Company, LLP; Mecke Nagel; Dick Benchley; David (unknown); Representatives of C.A.P.E.: Julia Ganson, Catherine D. Smith, Robert Rhodes, Grace Meddaugh, Arnold Talentino, and Jan Thomsen; Sharon Stevens for Channel 2, Access TV; News Reporter, Eric Mulvihill from WXHC; 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 published, posted and filed legal notice. Supervisor Tupper briefly explained that the owner of W2 Operator Training Group, LLC. requested a shift in operation into the City of Cortland Empire Zone. The owner, Douglas Withey, wanted to expand his business, which he was operating out of his Hoy Road home. The shift of operation must be approved by the municipality in which the company is currently located, being the Town of Cortlandville. Supervisor Tupper offered privilege of the floor to those in attendance. Karen Niday, Director, Cortland County Empire Zone Program, further explained the relocation of W2 Operator Training Group, LLC. and the procedures that comply with the requirement to shift the operation into an Empire Zone. No further comments or discussions were heard. Councilman O'Donnell made a motion, seconded by Councilman Testa, to close the Public Hearing. All voting aye, the motion was carried. The Public Hearing was closed at 5:10 p.m. E a, MARCH 21, 2007 5:10 P.M. PUBLIC HEARING NO. 3 RESTORE NY -COMMUNITIES PROGRAM FOR FUNDING HOMER-CORTLAND COMMUNITY AGENCY INC. BROCKWAY-HOMEVILLE MUSEUM COMPLEX 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 the application to New York State for funding under the restore -NY Communities Program for the Homer -Cortland Community Agency Inc. (Brockway-Homeville Museum Complex), for property located at 4386, 4392 US Route 11. 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 Members, Nick Renzi and James Bugh; Walt Kalina, Clough Harbour & Associates, LLP; Ann Hotchkin, Thoma Development Consultants; Bill Breidenger, representing the Homer - Cortland Community Agency; Karen Niday, Director, Cortland Empire Zone Program; Douglas Withey; Shirley Randolph; Kristie Rice; Duane Shoen, from Ciaschi, Dietershagen, Little & Mickelson & Company, LLP; Mecke Nagel; Dick Benchley; David (unknown); Representatives of C.A.P.E.: Julia Ganson, Catherine D. Smith, Robert Rhodes, Grace Meddaugh, Arnold Talentino, and Jan Thomsen; Sharon Stevens for Channel 2, Access TV; News Reporter, Eric Mulvihill from WXHC; 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 published, posted and filed legal notice. Supervisor Tupper offered privilege of the floor to those in attendance. No comments or discussions were heard. Councilman O'Donnell 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 5:12 p.m. 1 1 MARCH 21, 2007 5:12 P.M. 1 1 PUBLIC HEARING NO. 4 LOCAL LAW OF 2007 REVISED ZONING ORDINANCE CHAPTER 178 OF THE TOWN CODE 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, regarding the enactment of a Local Law revising the Zoning Code of the Town of Cortlandville. 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 Members, Nick Renzi and James Bugh; Walt Kalina, Clough Harbour & Associates, LLP; Ann Hotchkin, Thoma Development Consultants; Bill Breidenger, representing the Homer - Cortland Community Agency; Karen Niday, Director, Cortland Empire Zone Program; Douglas Withey; Shirley Randolph; Kristie Rice; Duane Shoen, from Ciaschi, Dietershagen, Little & Mickelson & Company, LLP; Mecke Nagel; Dick Benchley; David (unknown); Representatives of C.A.P.E.: Julia Ganson, Catherine D. Smith, Robert Rhodes, Grace Meddaugh, Arnold Talentino, and Jan Thomsen; Sharon Stevens for Channel 2, Access TV; News Reporter, Eric Mulvihill from WXHC; 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 published, posted and filed legal notice. Supervisor Tupper offered privilege of the floor to those in attendance. Attorney Folmer apprised those in attendance there was a discrepancy between the legal notice published in the Cortland Standard and the proposed ordinance posted on the Town's website. With regard to lot coverages for Wellhead Zones, the legal notice listed Zone 2 and Outside Wellhead Zones as 65%. However, there was a typographical error and the lot coverages should have been listed as 70%. Planning Board Member, Nick Renzi stated he supported the proposed Revised Zoning Ordinance 100%. (Mr. Renzi made other comments that could not be heard on the audiotape of the meeting.) Robert Rhodes, representing C.A.P.E. read a letter out loud, dated March 21, 2007, regarding further corrections and changes in language that should be made to the proposed ordinance. Mr. Rhodes made the following statements and suggestions: 1) Page 17: Revise the sentence: "necessary to accommodate the necessary structures," to read "appropriate to accommodate the necessary structures." The change was correctly made to the same sentence on pages 8 and 19. 2) Page 8, Section 178: Revise the following sentence to clarify who is to consult with whom: "At any time a specific use originally permitted within this district is to be changed so that it involves a separate, different and distinct service, use, process or purpose, in consultation with the Planning Board, may require...." 3) Page 19: Revise the following sentence: "The following statement is proposed to be amended to read: That existing non -conforming...." 4) Page 19: Revise the following sentence: "The Planning Board shall not approve a conditional use except in conformity with the spirit, purposes, conditions and standards outlines in this ordinance. In order to grant approval for a conditional permit, the applicant must prove that the location, structure, and/or use...." 5) Page 7: What the term "community aesthetics" meant. Mr. Rhodes stated, "what community are you talking about," and "what is meant here by aesthetics...." 6) Urged the Board to change the words "may" to "must" and "shall" to "will." N MARCH 21, 2007 PUBLIC HEARING NO. 4 PAGE 2 7) Urged the Board to change the word "significant" to "any" in passages such as the following: "significant public health hazard," "significant public safety," "significant adverse effect to the natural environment," and "significant adverse risk to water quality." He stated "make it any threat and be done with it." 8) Questioned what the following phrases meant: "aesthetic general intent," "unsuitable effects," "adequate space," "adequate buffers," "negative effect," and "adequate site access." 9) Page 1, under definitions: Questioned what the phrase "articles or things" meant. 10) Page 20, Section 9, "Industrial Uses," (5): change the word "affect" to "effect." With regard to Mr. Rhodes' suggestion to change the words "significant" to "any," Councilman Rocco commented that what one person believes is a threat may not be a threat to another person. Julia Ganson, also representing C.A.P.E., read a letter out loud, dated March 21, 2007, regarding the proposed ordinance. Ms. Ganson made the following comments: 1) Discrepancy between the percent allowable maximum lot coverage listed in the 03/7/07 version of the proposed ordinance on the Town's website and the lot coverage listed in the legal notice for the public hearing. The proposed ordinance indicates a 70% maximum allowable lot coverage for both Wellhead Protection Zone 2 and Outside Wellhead Zones, while the public notice indicated 65% lot coverages. 2) CAPE endorses a 50% maximum allowable lot coverage for Wellhead Protection Zone 1 b instead of 60%. 3) Inadequate SEQRA Review: The proposed rezoning amendments constitute a Type I Action under SEQRA. "It is necessary to issue a positive declaration of environmental significance and prepare an environmental impact statement to identify and mitigate potentially significant adverse environmental impacts...." Councilman Rocco reverted back to his earlier comment regarding what may be thought of as a threat to one person and not to another. He recalled that Mr. Rhodes advocated for fluoride in drinking water, which many citizens disagreed with including the Cortlandville Town Board. Arnold Talentino, representing C.A.P.E., commented that the point they were trying to make was that words such as "significant," and "adequate" are "general words that need to be defined ... it should be stated exactly how much of something is going to be significant...." The issue was a matter of diction. C.A.P.E. requested "the document state exactly what is to be intended regarding the regulations for building...." Mr. Talentino stated that under the SEQRA regulations the Board is required to enact a complete environmental review. No further comments or discussions were heard. Councilman O'Donnell 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 5:35 p.m. LJ 87 MARCH 21, 2007 5:35 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: 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 Members, Nick Renzi and James Bugh; Walt Kalina, Clough Harbour & Associates, LLP; Ann Hotchkin, Thoma Development Consultants; Bill Breidenger, representing the Homer - Cortland Community Agency; Karen Niday, Director, Cortland Empire Zone Program; Douglas Withey; Shirley Randolph; Kristie Rice; Duane Shoen, from Ciaschi, Dietershagen, Little & Mickelson & Company, LLP; Mecke Nagel; Dick Benchley; David (unknown); Representatives of C.A.P.E.: Julia Ganson, Catherine D. Smith, Robert Rhodes, Grace Meddaugh, Arnold Talentino, and Jan Thomsen; Sharon Stevens for Channel 2, Access TV; News Reporter, Eric Mulvihill from WXHC; and News Reporter, Evan Geibel from the Cortland Standard. Supervisor Tupper called the meeting to order. The draft Town Board Minutes of December 18, 2006, December 27, 2006 (Special Meeting), January 3, 2007, and January 17, 2007 were presented to the Board for their review. RESOLUTION #57 AUTHORIZE PAYMENT OF VOUCHERS - MARCH Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, the vouchers submitted have been audited and shall be paid as follows: General Fund A Vouchers #141 - 184 $108,983.90 General Fund B B 13 - B 14 $ 16,260.86 Highway Fund DB D86 - D101 $ 31,868.69 Water Fund W44 - W52 $ 11,771.80 Sewer Fund S 17 - S 19 $ 72,151.34 Trust & Agency T5 - T6 $ 32,365.95 Capital Projects H23 - H26 $ 87,813.00 Special Grant SG17 - SG17 $ 7,600.00 Supervisor Tupper offered privilege of the floor Councilman Rocco. Councilman Rocco followed up on the suggestion made by Councilman Testa at the March 6, 2007 Town Board Meeting, for Wal-Mart to leave the 2 outparcels in the PUD as greenspace to be used as a park that the Town could maintain. Councilman Rocco requested Supervisor Tupper write a letter to the Wal-Mart representatives indicating how the Town would like the outparcels used. Attorney Folmer stated it would not be appropriate to correspond with Wal-Mart regarding the issue. The Town Board adopted the PUD resolution with a condition for the Planning Board to explore the possibility with the applicant to leave the outparcels, or a portion thereof, as an outdoor recreation area and dedicating such space to the Town as a park facility. The suggestion was referred to the Planning Board. Attorney Folmer commented that writing a letter to the applicant would be an "impermissible crossing the line between the authorities of the Town Board and the authority granted by the statute to the Planning Board." The Board indicated their desire for the greenspace by adopting the PUD resolution with such a condition. MARCH 21, 2007 TOWN BOARD MEETING PAGE 2 Supervisor Tupper stated that one of the first things he authorized as a new Town Supervisor was an audit of the Town's records: an audit had not been conducted in numerous years. Supervisor Tupper offered privilege of the floor to Duane Shoen who helped conduct the 2005 audit. Duane Shoen, CPA, from Ciaschi, Dietershagen, Little & Mickelson & Company, LLP. Certified Public Accountants and Consultants, explained the audit process and gave the Board the financial highlights of the 2005 Financial Report of the Town. Mr. Shoen explained that the financial statements are the responsibility of the Town's management. The auditor is responsible for conducting the auditing procedures and to express opinions on the financial statements based on the audit. Mr. Shoen stated there were no significant audit adjustments during the conduct of the audit. There were no significant disagreements with management, and no significant difficulties with management. He explained that information in the auditor's letter was positive information and helpful information. According to the audit, the Town's records are being kept properly in accordance to the Government Auditing Standards. Mr. Shoen explained certain details of the Financial Report to the Board as he guided them through the report. Mr. Shoen complimented Town Clerk Snyder and Town Bookkeeper, Marcia Hicks for their help during the audit process. Councilman Rocco questioned how the Town's results compared to those of other Towns. Mr. Shoen commented that the results were positive and that they did not find any real issues or concerns that could not be solved. There was a negative fund balance in capital funds because of a bond anticipation note or notes that are outstanding. However, the results were positive. Supervisor Tupper thanked Town Clerk Snyder and Town Bookkeeper Hicks for spending countless hours with the auditors. He mentioned that an audit would be conducted for 2006 records as well. Town Clerk Snyder apprised the Supervisor she did not receive a copy of the Financial Report in her meeting packet. Attorney Folmer provided her with the copy he received. RESOLUTION #58 ACCEPT FINANCIAL REPORT OF THE FISCAL AFFAIRS OF THE TOWN OF CORTLANDVILLE FOR THE YEAR OF 2005 Motion by Councilman Rocco Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Financial Report for the fiscal affairs of the Town of Cortlandville for the year 2005, prepared by the independent auditors Ciaschi, Dietershagen, Little, Mickelson & Company, LLP, is hereby accepted and shall be received and filed. Supervisor Tupper offered privilege of the floor to Nick Renzi. Planning Board Member, Nick Renzi requested the Board add the following items to the Town Board meeting agenda in order to ensure they are acted on and brought to completion: 1. Upgrade of the PUD section of the Town Code: The project, which was initiated on January 25, 2005 by Planning Board Resolution #13, was tabled on October 18, 2006 by the Town Board in order to complete some language changes to the proposed ordinance. 2. Stormwater Management Systems: The Town's Stormwater Ordinance contains a new section on construction inspection and an expanded section on the maintenance and repair of stormwater facilities, which both require manpower assigned or contracted by the Town to ensure that the provisions of the ordinance are carried out as defined in the ordinance. The required inspections should be formalized and documented to ensure the functionality of the systems and the protection of the aquifer. Mr. Renzi commented on the Wal-Mart Supercenter PUD and agreed with Attorney Folmer's earlier comments. E.M • MARCH 21, 2007 TOWN BOARD MEETING PAGE 3 The monthly report of the Town Justice for the month of February 2007 was on the table for review and is filed in the Town Clerk's office. Under old business, Attorney Folmer requested the Board table action on the proposed Revised Zoning Ordinance to their April 4, 2007 meeting to allow him the opportunity to review comments made by C.A.P.E. RESOLUTION #59 TABLE ACTION ON LOCAL LAW OF 2007 — REVISED ZONING ORDINANCE Motion by Councilman Rocco Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board hereby tables action on the proposed Local Law of 2007 — Revised Zoning Ordinance, until April 4, 2007 Town Board Meeting. RESOLUTION #60 AUTHORIZE SHIFT OF OPERATION INTO AN EMPIRE ZONE Motion by Councilman O'Donnell Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED WHEREAS, W2 Operator Training Group LLC, a water and waste water certification and continued training provider, in the Town of Cortlandville from 2005 to 2007, and WHEREAS, W2 Operator Training Group LLC has no employees at this time, and WHEREAS, physical problems prevented W2 Operator Training Group LLC from remaining at 447 Hoy Road in the Town of Cortlandville beyond 2007, and WHEREAS, W2 Operator Training Group LLC attempted to relocate in the Town of Cortlandville but could find no comparable space, and WHEREAS, the Town of Cortlandville Board has heard public comments that extraordinary circumstances existed to warrant the relocation of W2 Operator Training Group LLC to a sight in the Cortland Empire Zone, located in the City of Cortland, now therefore be it hereby RESOLVED, that the Town of Cortlandville consents to the relocation of W2 Operator Training Group LLC from the Town of Cortlandville to the Cortland Empire Zone. Attorney Folmer commented on a recent article from the Post Standard and misuse of Empire Zone credits. Attorney Folmer stated that over the course of the last few years the Town has participated in two or three funding operations for local individuals and businesses. The Town can "report with some satisfaction that each and every one of the businesses who have the use of Empire Zone treatment, or a grant application from this Board have done it appropriately, positively, and completely in accordance with the terms...." Attorney Folmer stated he did not want the businesses in the Town to be compared to other businesses that the article discussed. RESOLUTION#61 AUTHORIZE SUPERVISOR TO FILE AN APPLICATION TO NEW YORK STATE RESTORE -NY COMMUNITIES PROGRAM FOR FUNDING FOR THE BROCKWAY MUSEUM COMPLEX Motion by Councilman Rocco Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED 90 MARCH 21, 2007 TOWN BOARD MEETING PAGE 4 WHEREAS, Homer -Cortland Community Agency, Inc. seek to obtain funds for Architect, Engineering fees, repairs of the Brockway Museum Complex roof, installation of a heating system, the complete renovation of the current buildings, the addition of a new wing to house the antique fire truck collection for the Brockway-Homeville Museum, and WHEREAS, Homer -Cortland Community Agency, Inc. seeks to obtain funds from this grant to combine with local funding for an amount of $2,310,000, and WHEREAS, the project is consistent with the Town of Cortlandville's Land Use Plan to improve the blighted appearance of the Route 11 corridor in the town, and WHEREAS, the project will promote effective and efficient use of town existing and future public resources so as to promote the economic development and preservation of community resources in offering an educational and cultural institution in an area where one is lacking and a resource which would attract, create and sustain employment opportunities along Route 11 corridor in the Town of Cortlandville, now therefore BE IT RESOLVED, that the Town Board, of the Town of Cortlandville hereby authorizes and directs the Supervisor to file an application for funds from the New York State Restore -NY Communities Program on behalf of the Brockway-Homeville Museum Project. Councilman Rocco commented on the application for funding for the Elderly Rehabilitation Program. He thanked Ann Hotchkin from Thoma Development Consultants for her hard work on the Blodgett Mills Community Development Housing Rehabilitation Program. He anticipated there would be a lot of interest for the Elderly Rehabilitation Program. Councilman Testa also acknowledged Councilman O'Donnell for all his hard work on the Blodgett Mills Grant. RESOLUTION 462 AUTHORIZE SUPERVISOR TO SIGN APPLICATION TO NEW YORK STATE FOR FUNDING UNDER THE FEDERAL SMALL CITIES COMMUNITY DEVELOPMENT PROGRAM FOR A TOWN WIDE ELDERLY REHABILITATION PROGRAM Motion By Councilman Testa Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED WHEREAS, the Town Board of the Town of Cortlandville requested from Thoma Development Consultants assistance in regards to a town wide elderly program for the rehabilitation of their housing, and WHEREAS, Public Hearings were duly held on December 18, 2006 and March 21, 2007 by this Town Board, and WHEREAS, the Town Board believes it would be in the best interest of the Town to make application to the State for grant monies to assist the elderly town wide, therefore BE IT RESOLVED, the Supervisor is hereby authorized and directed to file an application to New York State for funding under the federal Small Cities Community Development Program in an amount not to exceed $400,000, and it is further RESOLVED, the Supervisor is hereby authorized and directed to sign said application on behalf of the Town, and upon approval of said request to enter into and execute a project agreement with the State for such financial assistance to this Town. Councilman O'Donnell made a motion, seconded by Councilman Rocco, to receive and file correspondence from Mike Braun, dated March 19, 2007, notifying the Town of his intent to renew the liquor license for Doug's Fish Fry, located at 3638 Route 281. All voting aye, the motion was carried. 91_ MARCH 21, 2007 TOWN BOARD MEETING PAGE 5 Councilman O'Donnell made a motion, seconded by Councilman Rocco, to receive and file correspondence from the Perfetti Law Offices, dated March 5, 2007, notifying the Town that Garcia's Mexican Restaurant, located at 879 Route 13, intended to renew its liquor license. All voting aye, the motion was carried. Councilman O'Donnell made a motion, seconded by Councilman Rocco, to receive and file correspondence from Attorney Russell E. Ruthig, dated March 12, 2007, requesting the reduction of the sewer benefit tax for properties owned by Lean and Marleen Greenwood, tax map #87.00-01-34.112 and 487.00-01-40.000. All voting aye, the motion was carried. RESOLUTION #63 AUTHORIZE REDUCTION OF SEWER BENEFIT TAX UNIT CHARGE FOR PROPERTIES OWNED BY LEON AND MARLEEN GREENWOOD Motion by Councilman Rocco Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED WHEREAS, a request was received from Attorney Russell Ruthing on behalf of his client, Leon Greenwood, requesting the reduction of the Sewer Benefit tax unit charges for the 2008 Town and County tax bills for vacant property located off Route 41, and WHEREAS, such request was reviewed by Town Assessor, David Briggs, therefore BE IT RESOLVED, Town Assessor, David Briggs, is hereby authorized and directed to reduce the Sewer Benefit tax unit charge to 1 unit for parcel #87.00-01-34.112 and #87.00-01-40.000, owned by Leon and Marleen Greenwood, commencing with the 2008 Town and County tax bill, and it is further RESOLVED, the Board grants such relief for the properties based on their present conditions. RESOLUTION #64 AUTHORIZE FIRST TRANSIT, INC. TO UTLIZE THE MUNICIPAL PARKING LOT LOCATED AT 3539 NYS ROUTE 281 FOR THE CORTLAND TO CORNELL PARK AND RIDE Motion By Councilman O'Donnell Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board hereby authorizes First Transit, Inc. to utilize the Municipal Parking Lot located at 3539 NYS Route 281 (old Cortlandville Fire Station) for the Cortland to Cornell Park and Ride Project, commencing May 1, 2007, and it is further RESOLVED, correspondence from Sandra L. Perry, General Manager of First Transit, Inc., dated March 11, 2007, is hereby received and filed. RESOLUTION #65 DECLARE THE MONTH OF APRIL AS FAIR HOUSING MONTH IN THE TOWN OF CORTLANDVILLE Motion by Councilman Rocco Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED WHEREAS, in accordance with the Title VIII Fair Housing Policy of the Civil Rights Act of 1968 and the Fair Housing Amendments Act of 1988, and WHEREAS, the month of April 2007 has been designated by the US Department of Housing and Urban Development's Office of Fair Housing and Equal Opportunity as Fair Housing Month, now therefore 9� MARCH 21, 2007 TOWN BOARD MEETING PAGE 6 BE IT RESOLVED, the Town Board of the Town of Cortlandville hereby declares and proclaims April as Fair Housing Month in the Town. Councilman Rocco made a motion, seconded by Councilman O'Donnell, to receive and file correspondence from Assemblywoman Barbara Lifton to Raymond LeFever, Acting Program Director, dated February 28, 2007, regarding her support for the Town's GIS grant application under the State Archives New York State Local Government Records Management Improvement Fund. All voting aye, the motion was carried. RESOLUTION #66 REFER AQUIFER PROTECTION PERMIT APPLICATION SUBMITTED BY APD ENGINEERING ON BEHALF OF WAL- MART STORES EAST, LP TO THE TOWN AND COUNTY PLANNING BOARDS FOR THEIR REVIEW AND RECOMMENDATIONS Motion by Councilman O'Donnell Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Aquifer Protection Permit application submitted by APD Engineering on behalf of Wal-Mart Stores East, LP for property located off NYS Route 13, tax map #105.00- 01-22.211, shall be referred to the Town and County Planning Boards for their review and recommendations. Councilman Rocco questioned whether he could provide his copy of the Aquifer Protection Permit application for the Wal-Mart Supercenter to C.A.P.E. Attorney Folmer requested Councilman Rocco not do so, because once a copy is made available outside of the Town Clerk's office to one group, it would be difficult to say no to another group requesting a copy at no charge. Councilman Testa requested clarification as to what changes Attorney Folmer would be making to the proposed Revised Zoning Ordinance. He questioned whether he would consult with Walt Kalina from Clough Harbour & Associates Attorney Folmer stated he wanted to take a look at the recommendations from Mr. Rhodes and C.A.P.E., and that he would be discussing the ordinance with Mr. Kalina. 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 6:20 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 May 2, 2007.