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HomeMy WebLinkAbout08-01-2007AUGUST O1, 2007 7:00 P.M. 153 1 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: Supervisor, Richard C. Tupper Councilman, Theodore V. Testa Councilman, Edwin O'Donnell Councilman, Ronal L. Rocco Councilman, John C. Proud Town Clerk, Karen Q. Snyder Others present were: Town Attorney, John Folmer; Highway Sup't. Carl Bush; Planning Board member, Nick Renzi; Representatives of C.A.P.E.: Grace Meddaugh, Robert Rhodes, Arnold Talentino; John Carroll; Jo Schaffer, Cortland City Planning Commission; Vittorio and Sandy Panzanella; Evan Geibel, News Reporter for the Cortland Standard; Sharon Stevans for Channel 2, Access TV. Supervisor Tupper called the meeting to order. He requested a moment of silence to honor Warren Manning, who passed away July 22, 2007, as well as Councilman Proud's mother, who also passed away. Mr. Manning served the Town of Cortlandville as Town Councilman from 1978 to 1987. RESOLUTION #153 AUTHORIZE PAYMENT OF VOUCHERS — AUGUST Motion by Councilman O'Donnell Seconded by Councilman Proud VOTES: ALL AYE ADOPTED BE IT RESOLVED, the vouchers submitted have been audited and shall be paid as follows: General Fund A Vouchers #426 - 448 $ 37,618.60 General Fund B B84 - B94 $ 24,602.92 Highway Fund DB D272 - D303 $ 94,891.17 Water Fund W144 - W158 $123,143.13 Sewer Fund S63 - S65 $ 26,615.27 Trust & Agency T13 - T14 $ 29,854.59 Capital Projects H47 - H50 $ 42,093.00 Supervisor Tupper offered privilege of the floor to those in attendance. No comments or discussion were heard. There was a brief discussion regarding the 2006 Town Justice Annual Report. Supervisor Tupper reported that the Town Court completed 10,587 cases for the year 2006, sent a total of $922,849.00 to the New York State Comptroller in fines and forfeitures, and generated $261,402.50 in revenue for the Town. RESOLUTION #154 ACCEPT ANNUAL REPORT OF THE TOWN JUSTICE Motion by Councilman Proud Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Annual Report of the Town Justice for the year of 2006 is hereby accepted, and shall be received and filed. AUGUST 01, 2007 TOWN BOARD MEETING PAGE 2 The monthly report of the Town Justice for the month of June 2007, and for the Town Clerk and Code Enforcement Office for the month of July 2007, were on the table for review and are filed in the Town Clerk's office. Supervisor Tupper reported that he was officially notified that the New York State Department of Transportation was demanding the closure and relocation of Bennie Road in conjunction with the proposed Wal-Mart Supercenter project. Councilman Rocco made a motion, seconded by Councilman Proud, to receive and file correspondence from the Diana Graser, P.E., New York State Department of Transportation, dated July 31, 2007, to Kathy Wickwire, Town Planning Board Chair, regarding the proposed Wal-Mart Supercenter, NYS Route 13, and the closure of Bennie Road. All voting aye, the motion was carried. Under "Old Business" Councilman O'Donnell reported on the request from the Mayor of the Village of McGraw regarding a dilapidated house in need of demolition in the Town of Cortlandville, outside the Village of McGraw. Town CEO, Tom Williams wrote a letter to the property owners notifying them of the problem. Attorney Folmer stated CEO Williams was correct in notifying the property owners to give them the opportunity to rectify the problem. Councilman Proud stated he was not satisfied with the new PA system in the Meeting Room/Court Room and asked that the item be added to the "punch list" to be addressed by the contractors and engineers. RESOLUTION #155 ACKNOWLEDGE RECEIVING NOTICE OF PETITION FOR REVIEW OF ASSESSMENTS Motion by Councilman Proud Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby acknowledge, by receiving and filing, the Notice of Petitions, regarding their current assessments, from the following property owners: Benderson-Cortland Associates New Plan Excel Realty Trust WSL Walden Investors IV, LLC Attorney Folmer reported: Route 281 tax map #86.17-01-08.110 3654-3666 Route 281 tax map #96.09-01-02.200 Bennie Road tax map #105.00-01-22.220 Wal-Mart Supercenter — Aquifer Protection District Special Permit: Attorney Folmer reported that the Town Planning Board adopted a resolution approving the Site Plan Permit and Subdivision request for Wal-Mart Supercenter at the July 31, 2007 meeting. The Planning Board also recommended the Town Board approve the Aquifer Protection District Special Permit. Once signed by Kathy Wickwire, Chair of the Planning Board, the resolution' would be filed with the Town Clerk. Attorney Folmer apprised the Board the next step would be to schedule a public hearing for Wal-Mart's Aquifer Protection Permit. Supervisor Tupper suggested the Board schedule a Special Meeting to conduct the Aquifer Protection Permit public hearing. RESOLUTION #156 SCHEDULE SPECIAL TOWN BOARD MEETING FOR AUGUST 9 2007 AT 7:00 P.M. Motion by Councilman Rocco Seconded by Councilman Testa VOTES: ALL AYE ADOPTED 1 1 1 15 5- AUGUST O1, 2007 TOWN BOARD MEETING PAGE 3 BE IT RESOLVED, a Special Town Board Meeting shall be scheduled for August 9, 2007 at 7:00 p.m. in reference to the Aquifer Protection Permit submitted by APD Engineering, for property owned by Wal-Mart Stores East, LP. RESOLUTION #157 SCHEDULE PUBLIC HEARING FOR AQUIFER PROTECTION PERMIT APPLICATION SUBMITTED BY APD ENGINEERING FOR WAL-MART STORES EAST, LP Motion by Councilman Rocco Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, a Public Hearing shall be scheduled for August 9, 2007 at 7:00 p.m. for an Aquifer Protection Permit application submitted by APD Engineering for property located at on the east side ofNYS Route,13, owned by Wal-Mart Stores East, LP, tax map #105.00-01-22.211. Councilman Testa made a motion that Supervisor Tupper or Attorney Folmer write a letter to Wal-Mart representatives requesting that they consider dedicating the two outparcels to the Town to remain greenspace. Attorney Folmer commented that the point had already been made. Councilman O'Donnell did not agree with asking Wal-Mart to donate the two outparcels to the Town. He stressed the importance of bringing business to the Town for assessment and sales tax purposes. Councilman O'Donnell stated he would not agree with Wal-Mart donating the outparcels to the Town as he did not believe that the Town should have to maintain more property especially when there is a new Town park on Starr Road. Councilman Testa stated that the outparcels did not have to specifically be a park, but if left greenspace it would benefit the aquifer recharge and would serve as a.buffer Walden Place. Attorney Folmer reminded the Board that the approval of the PUD included the two outparcels. Councilman Proud commented that even if the Town requested that Wal-Mart donate the two outparcels, "scientifically there is no direct relationship between the green areas and the aquifer ... the aquifer is protected by stormwater management." Councilman Proud stated that while Walden Place operates a nice facility and has a legitimate concern, the 33-acre parcel of land has been on the market for years. Councilman Proud questioned what Walden Place's responsibility was to its own business plan. Perhaps Walden Place should have planned for the future and purchased more property. If the Town requested the two outparcels from Wal-Mart, Councilman Proud suggested that a similar situation could arise in the future between another existing business and a proposed business. Councilman Testa stated he respected the opinions of the other members of the Board, but requested a vote on whether to write a letter of request. Councilman Rocco stated the Board already approved the PUD with the two outparcels. However, he would not object with writing a letter to Wal-Mart requesting consideration for donating the land to the Town. While sympathetic to Walden Place, he stated that the facility could have planned for the future and purchased more property. Attorney Folmer apprised the Board that as part of the Aquifer Protection Permit, the Planning Board recommended that the "Town Board accept in dedication the two outparcels to be located on the property." The resolution of the Planning Board makes it known that its feeling is that the two outparcels should be dedicated to the Town, and has asked that the Town Board consider the dedication. Councilman Testa requested a vote on his motion to authorize Attorney Folmer to write a letter to representatives of Wal-Mart asking additional consideration regarding the dedication of two outparcels from the Wal-Mart Supercenter PUD. There was further discussion on Councilman Testa's motion. Councilman Proud and Councilman O'Donnell reiterated their concerns. Attorney Folmer advised the Board that the Town does not give away or sell public property constitutionally that easily. Councilman Rocco suggested the Board follow through with the Planning Board's recommendation. Supervisor Tupper called a vote on the issue. 15( AUGUST O1, 2007 TOWN BOARD MEETING PAGE 4 RESOLUTION #158 AUTHORIZE TOWN ATTORNEY TO WRITE A LETTER ON BEHALF OF THE TOWN TO REPRESENTATIVES OF WAL- MART REQUESTING ADDITIONAL CONSIDERATION FOR THE DEDICATION OF TWO OUTPARCELS FROM THE WAL-MART SUPERCENTER PUD Motion by Councilman Testa Seconded by Councilman Rocco VOTES: Supervisor Tupper Aye Councilman Testa Aye Councilman Rocco Aye Councilman O'Donnell Nay Councilman Proud Nay BE IT RESOLVED, the Town Board hereby authorizes and directs Town Attorney Folmer to write a letter on behalf of the Town of Cortlandville to representatives of Wal-Mart requesting additional consideration for the dedication of the two outparcels from the Wal-Mart Supercenter Planned Unit Development (PUD). Suit-Kote Corporation: Attorney Folmer reported that the Planning Board, at their July 31, 2007 meeting, adopted a resolution that Suit-Kote Corporation's applications for Conditional Permits and Aquifer Protection Permits will not be acted upon until the applicant provides specific documentation to the Planning Board. The Planning Board scheduled a Special Meeting for August 21, 2007, at which point Suit-Kote should be in the position to provide the documentation. Attorney Folmer suggested the Board allow the Planning Board to continue their review before discussing the Suit-Kote applications. Wal-Mart Supercenter Project: Attorney Folmer recognized the Planning Board, under the leadership of Kathy Wickwire, for such an outstanding job with regard to the "reviewing, analyzing, requesting and achieving a lot of concessions from the applicant" with regard to the Wal-Mart Supercenter proj ect. Acquisition of Land — Cedar Crest Drive: Attorney Folmer reported that in the vouchers approved earlier by the Board was the payment of $10,786.39 to John and Catherine Murdock for the purchase of property on Cedar Crest Drive. Attorney Folmer would deliver the check to the Murdock's attorney, and would file the deed with the County Clerk's Office. RESOLUTION #159 RESOLUTION TO BE PAID DIRECTLY ALL OF TOWN'S SHARE OF COUNTY SALES TAX Motion by Councilman Rocco Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED RESOLVED, that the Town of Cortlandville pursuant to Tax Law Section 1262 elects to be paid directly all of its share of county sales taxes which would otherwise be applied to reduce the county taxes levied upon real property in the Town of Cortlandville, and be it further RESOLVED, that pursuant to Town Law Section 1262, this resolution shall be effective commencing with calendar year 2008, and it is further RESOLVED; that the Cortlandville Town Clerk shall forward a certified copy of this Resolution to the Cortland County Treasurer and the Cortland County Director of Real Property Tax Services by registered or certified mail before September 01, 2007. 11 157 AUGUST 01, 2007 TOWN BOARD MEETING PAGE 5 Councilman Proud made a motion, seconded by Councilman Testa, to receive and file recommendations from the Cortland County Planning Department, dated July 6, 2007, regarding the Aquifer Protection Permit application submitted by Suit-Kote Corporation - Loring Crossing facility, tax map #77.00-01-22.000. All voting aye, the motion was carried. Councilman O'Donnell made a motion, seconded by Councilman Proud, to receive and file Resolution #07-29 from the Cortland County Planning Board, dated July 11, 2007, regarding the Aquifer Protection Permit application submitted by Suit-Kote Corporation - Loring Crossing Facility, tax map #77.00-01-22.000. All voting aye, the motion was carried. Councilman Proud made a motion, seconded by Councilman O'Donnell, to receive and file recommendations from the Cortland County Planning Department, dated July 6, 2007, regarding the Aquifer Protection Permit application submitted by Suit-Kote Corporation - Polkville Facility, tax map #87.00-03-16.122. All voting aye, the motion was carried. Councilman O'Donnell made a motion, seconded by Councilman Proud, to receive and file Resolution #07-30 from the Cortland County Planning Board, dated July 11, 2007, regarding the Aquifer Protection Permit application submitted by Suit-Kote Corporation - Polkville Facility, tax map #87.00-03-16.122. All voting aye, the motion was carried. Councilman O'Donnell made a motion, seconded by Councilman Proud, to receive and file correspondence from Richard E. Schutz, Operations Manager, Suit-Kote Corporation, dated July 20, 2007, and the Polkville Facility — Tank No. 6 Capture System Evaluation Report prepared by O'Brien & Gere. All voting aye, the motion was carried. Supervisor Tupper would provide the information from Suit-Kote Corp., as well as the MSDS information to Chuck and Cheri Sheridan, and Vittorio and Sandy Panzanella, per the Town Board Meeting of July 18, 2007. Councilman O'Donnell made a motion, seconded by Councilman Proud, to receive and file recommendations from the Cortland County Planning Department, dated July 6, 2007, regarding the Aquifer Protection Permit application submitted by Kost Tire Auto Care for property located at 1013 NYS Route 13, tax map #96.09-02-06.000. All voting aye, the motion was carried. Councilman Rocco voiced his concern regarding the application of Kost Tire and the need for fencing to protect surrounding property owners. He stated he would like to see fencing installed facing the Raymond G. Thorpe Municipal Building as well. Attorney Folmer informed the Board that the Planning Board, at the July 31, 2007 meeting, approved the Site Plan application for Kost Tire Auto Care, which included an aesthetically pleasing wooden fence, to be maintained by the property owner, and would run the length of the property on Terrace Road. Councilman Rocco was glad the issue was addressed as it benefits the entire neighborhood. Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and file Resolution #07-31 from the Cortland County Planning Board, dated July 11, 2007, regarding the Aquifer Protection Permit application submitted by Kost Tire Auto Care for property located at 1013 NYS Route 13, tax map #96.09-02-06.000. All voting aye, the motion was carried. RESOLUTION #160 REFER AQUIFER PROTECTION PERMIT APPLICATION SUBMITTED BY GROTON CONGREGATION OF JEHOVAH'S WITNESSES TO THE TOWN AND COUNTY PLANNING BOARDS FOR REVIEW AND RECOMMENDATIONS Motion by Councilman Proud Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED 158 AUGUST O1, 2007 TOWN BOARD MEETING PAGE 6 BE IT RESOLVED, the Aquifer Protection Permit application submitted by Groton Congregation of Jehovah's Witnesses for property located off NYS Route 222, tax map #95.00- 01-26.000, shall be referred to the Town and County Planning Boards for their review and recommendations. There was discussion regarding the Starr Road and Vernon Drive Sewer Improvement Project. The Town went to bid for the two sewer projects and received three bids, which were opened July 24, 2007. The lowest bid cost was $363,000, an amount significantly higher than the Town Engineer's estimated cost of $250,000. Supervisor Tupper questioned whether the Town could award the Starr Road portion of the project and go back to bid for the Vernon Drive portion of the project. Although Attorney Folmer had not reviewed the bids, he did not believe that the bid could be separated into two separate projects if they were included as one bid. Attorney Folmer suggested the Board table discussion until the August 15, 2007 Town Board Meeting to allow him time to review and research the bids. The Town has thirty days from the date of the bid opening to award the bid. RESOLUTION 4161 TABLE AWARD OF BID FOR STARR ROAD AND VERNON DRIVE SEWER IMPROVEMENT PROJECTS UNTIL AUGUST 15, 2007 Motion by Councilman Proud Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby table the award of the bid for the Starr Road and Vernon Drive Sewer Improvement Projects until August 15, 2007 to allow Attorney Folmer time to review the bids. RESOLUTION #162 SCHEDULE PUBLIC HEARING FOR AQUIFER PROTECTION PERMIT APPLICATION SUBMITTED BY MARSHALL FAMILY ASSOCIATES FOR PROPERTY LOCATED AT 3742 US ROUTE 11 Motion by Councilman Rocco Seconded by Councilman Proud VOTES: ALL AYE ADOPTED BE IT RESOLVED, a Public Hearing shall be scheduled for August 15, 2007 at 5:00 p.m. for an Aquifer Protection Permit application submitted by Marshall Family Associates for property located at 3742 US Route 11, tax map #97.02-01-24.000. RESOLUTION #163 SCHEDULE PUBLIC HEARING FOR AQUIFER PROTECTION PERMIT APPLICATION SUBMITTED BY KOST TIRE AUTO CARE FOR PROPERTY LOCATED AT 1013 NYS ROUTE 13 Motion by Councilman Rocco Seconded by Councilman Proud VOTES: ALL AYE ADOPTED BE IT RESOLVED, a Public Hearing shall be scheduled for August 15, 2007 at 5:00 p.m., or as soon thereafter as may be heard, for an Aquifer Protection Permit application submitted by Kost Tire Auto Care, for property located at 1013 NYS Route 13, owned by Gerald A. Pollock, tax map #96.09-02-06.000. AUGUST O1, 2007 TOWN BOARD MEETING PAGE 7 15 9- No further comments or discussion were heard. Councilman Rocco made a motion, seconded by Councilman Proud, to adjourn the Regular Meeting. All voting aye, the motion was carried. The meeting was adjourned at 8:03 p.m. 1 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 September 5, 2007. n