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HomeMy WebLinkAbout08-06-2008AUGUST 06, 2008 PUBLIC HEARING NO. 1 AQUIFER PROTECTION PERMIT EDWARD BENNEDY BACON ROAD TAX MAP #97.02-01-14.200 A Public Hearing was held by the Town Board of the Town of Cortlandville at the Raymond G. Thorpe Municipal Building, 3577 Terrace Road, Cortland, New York, concerning the Aquifer Protection Permit application submitted by Edward Bennedy permitting the conversion of an attached garage into an efficiency apartment as a fourth dwelling unit in the existing residential structure. The property is located immediately northeast of the intersection of US Route 11 and Bacon Road, tax map parcel #97.02-01-14.200. 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; Grace Meddaugh; Phil Simon; Mel Simon; Jeff Smataner; Ed Bennedy; Marc A. Pace; and Sharon Stevans for Channel 2, Access TV. 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 discussion were heard. Councilman Testa a motion, seconded by Councilman Proud, to close the Public Hearing. All voting aye, the motion was carried. The Public Hearing was closed at 7:05 p.m. LJ 1 H 2-- AUGUST 06, 2008 7:05 P.M. TOWN BOARD MEETING The Regular Town Board Meeting of the Town Board of the Town of Cortlandville was held at the Raymond G. Thorpe Municipal Building, 3577 Terrace Road, Cortland, New York, with Supervisor Tupper presiding. Members present: 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; Grace Meddaugh; Phil Simon; Mel Simon; Jeff Smataner; Ed Bennedy; Marc A. Pace; and Sharon Stevans for Channel 2, Access TV. Supervisor Tupper called the Regular Meeting to order. Councilman Proud made a motion, seconded by Councilman O'Donnell, to receive and file the Planning Board Minutes of May 27, 2008. All voting aye, the motion was carried. Councilman Proud made a motion, seconded by Councilman O'Donnell, to receive and file the Cortlandville Zoning Board of Appeals Minutes of May 27, 2008. All voting aye, the motion was carried. The Draft Town Board Minutes of June 4, 2008 and June 18, 2008 were presented to the Board for their review. RESOLUTION #147 AUTHORIZE PAYMENT OF VOUCHERS — AUGUST Motion by Councilman Proud 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 #387 - 415 $t07,967.75 General Fund B B 122 - B 130 $ 26,885.01 Highway Fund DB D249 - D267 $ 55,359.00 Water Fund Wt70 - W183 $178,394.17 Sewer Fund S86 - S95 $134,192.05 Supervisor Tupper apprised the Board there were no prior requests for privilege of the floor. Monthly reports of the Town Clerk and Water & Sewer Dept. for the month of July 2008 were on the table for review and are filed in the Town Clerk's Office. RESOLUTION 9148 ACCEPT PROCEDURES AND FINDINGS REPORT FROM PORT, KASHDIN & MCSHERRY FOR THE PERIOD ENDING DECEMBER 31, 2007 FOR THE TOWN OF CORTLANDVILLE COURT Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, the procedures and findings report from Port, Kashdin & McSherry for the period ending December 31, 2007 for the Town of Cortlandville Court is hereby accepted and shall be received and filed. 1 1 AUGUST 06, 2008 TOWN BOARD MEETING PAGE 2 Councilman Rocco requested Supervisor Tupper explain the procedure to the public for requesting privilege of the floor. Supervisor Tupper explained that requests for privilege of the floor must be made by the 12:00 p.m. Tuesday, the day before a scheduled meeting. He asked that the topic of discussion pertain to a particular item on the agenda. Under communications; Supervisor Tupper apprised the Board he spoke with Ann Hotchkin, Thoma Development Consultants, regarding why the Town was denied a grant for the intermunicipal water project to extend City water to Polkville. According to Mrs. Hotchkin, not enough engineering documentation was provided. Supervisor Tupper requested Mrs. Hotchkin discuss the issue with Linda Hartsock, (New York State Regional Economic Development), who indicated there may be federal funding for economic development. Since the Polkville/McGraw exit off Interstate 81 is one of the least developed exits, it could have a positive economic outcome. Therefore, the Town would continue to pursue the intermunicipal project. Attorney Folmer and the Board reviewed the SEQR Short Environmental Assessment Form for the Aquifer Protection Permit application submitted by Edward Bennedy for property located on Bacon Road. RESOLUTION #149 DECLARE NEGATIVE IMPACT FOR AQUIFER PROTECTION PERMIT #5 OF 2008 SUBMITTED BY EDWARD BENNEDY FOR PROPERTY LOCATED ON BACON ROAD Motion by Councilman Rocco Seconded by Councilman Testa VOTES: ALL AYE ADOPTED WHEREAS, an Aquifer Protection Permit application was submitted by Edward Bennedy to permit the conversion of an attached garage into an efficiency apartment as the fourth dwelling unit in the existing residential structure, property located immediately northeast of the intersection of US Route 11 and Bacon Road, tax map #97.02-01-14.200, and WHEREAS, the Town Board as Lead Agent, duly reviewed and completed the Short Environmental Assessment Form, therefore BE IT RESOLVED, the Town Board as Lead Agent, does hereby declare the proposed project of Edward Bennedy, Aquifer Protection Permit #5 of 2008, shall have no significant environmental impact. RESOLUTION #150 AUTHORIZE SUPERVISOR TO SIGN SEQRA APPLICATION OF AQUIFER PROTECTION PERMIT #5 OF 2008 Motion by Councilman Proud Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Supervisor is hereby authorized and directed to sign the SEQRA application relating to Aquifer Protection Permit #5 of 2008, submitted by Edward Bennedy. RESOLUTION #151 APPROVE AQUIFER PROTECTION PERMIT #5 OF 2008 SUBMITTED BY EDWARD BENNEDY FOR PROPERTY LOCATED ON BACON ROAD SUBJECT TO CONDITIONS Motion by Councilman Rocco Seconded by Councilman Testa VOTES: ALL AYE ADOPTED 1HLA AUGUST 06, 2008 TOWN BOARD MEETING PAGE 3 WHEREAS, the Cortland County Planning Department and the Town Planning Board have reviewed and recommended approval of this Aquifer Protection Permit application, and WHEREAS, a Public Hearing was duly held by this Town Board, therefore BE IT RESOLVED, the Town Board does hereby approve Aquifer Protection Permit #5 of 2008, submitted by Edward Bennedy, permitting the conversion of an attached garage into an efficiency apartment as the fourth dwelling unit in the existing residential structure, property located immediately northeast of the intersection of US Route 11 and Bacon Road, tax map #97.02-01-14.200, subject to the following conditions from the Town and County Planning Boards: 1. The applicant applying to and receiving approval of the County Health Department of an engineering evaluation and design for a new or modified septic system to accommodate the proposed fourth dwelling unit. 2. The applicant demonstrating that there are unnecessary hardships in the way of carrying out the strict letter of the "Zoning Local Law of the Town of Cortlandville" as is required before any use variance may be granted. 3. Compliance with SEQR requirements. AND IT IS FURTHER RESOLVED, the Supervisor is hereby authorized to sign the permit. RESOLUTION #152 SCHEDULE PUBLIC HEARING FOR LOCAL LAW OF 2008 — AMENDMENT TO TRANSIENT BUSINESS ORDINANCE FOR SEPTEMBER 3, 2008 Motion by Councilman Proud Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby schedule a Public Hearing for a proposed Local Law of 2008 — Amendment to Chapter 155, Transient Business Ordinance, for September 3, 2008 at 7:00 p.m. or as soon thereafter as the parties may be heard. RESOLUTION #153 SCHEDULE PUBLIC HEARING FOR LOCAL LAWOF 2008 — SNOW REMOVAL ORDINANCE FOR SEPTEMBER 3, 2008 Motion by Councilman Proud Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby schedule a Public Hearing for a proposed Local Law of 2008 — Snow Removal Ordinance, for September 3, 2008 at 7:00 p.m. or as soon thereafter as the parties may be heard. Under old business, Councilman Proud reviewed the proposed increase for Town water and sewer rates. The last rate increase for water was in 2002, while the last time sewer rates increased was in 1994. Auditors were hired to look at the rates and to give their opinion for a possible increase. Councilman Proud explained that operating costs were increasing, such as the increase of the cost of electricity. Maintenance costs were also increasing as water and sewer lines were getting older and needed more repairs, such as the emergency repair to NYS Route 13 in front of Garcia's Mexican Restaurant. Also, the Town has had a declining rate schedule, meaning the more water used, the less you pay per 1,000 gallons. Councilman Proud explained they planned to ease from a declining rate to a flat rate, with a possible increasing rate in the future, which encourages conservation. AUGUST 06, 2008 TOWN BOARD MEETING PAGE 4 1 The auditors suggested a 5-10% increase to the water rates (increase from $1.75/1,000 gal. to $1.90/1,000), and a 20-25% increase to sewer (increase from $2.45/1,000 gal to $2.94/1,000 gal.). Councilman Proud hoped to present the Board with new rates to adopt at the next meeting. Councilman Rocco stated he hoped the public would take into consideration the fact that rates have not increased in quite some time, specifically the sewer rates. Although a 20% increase may seem like a large increase, the Town has been able to get along without any increase in sewer since 1994. Councilman O'Donnell suggested the rates be reviewed annually to determine whether a rate change is necessary. Supervisor Tupper stated that Town Clerk Snyder was monitoring the income and expenses on a quarterly basis from this point forward. He also mentioned the new water and sewer computer software program, which is more efficient. RESOLUTION #154 ACKNOWLEDGE RECEIVING NOTICE OF PETITION FOR REVIEW OF ASSESSMENTS Motion by Councilman Testa Seconded by Councilman O'Donnell 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: 93-1 Cortland Associates Benderson-Cortland Associates Rite Aid Corporation WSL Walden Investors IV, LLC Attorney Folmer reported: Assessment Notice of Petitions: 3918-3944 Route 281 tax map 486.13-01-65.100 Route 281 tax map #86.17-01-08.110 Route 281 tax map 486.17-01-08.110 1067 Route 222 tax map #86.13-01-37.200 839 Bennie Road tax map #105.00-01-22.220 Attorney Folmer apprised the Board the Notice of Petitions for review of assessments had return dates in front of Judge Rumsey in September and October 2008. Typically, the Notice of Petitions collect for a few years until the matter is resolved. Attorney Folmer reminded the Board that a few years ago he and Assessor Briggs discussed the possibility of giving the County the opportunity to determine whether it wanted to participate in the defense of the claims. The County could participate in the strategic defense and also with the cost of the defense, such as for the cost of appraisals. After speaking with Assessor Briggs, Attorney Folmer decided that copies of the certiorari proceedings would be sent to both the County and the School District, as they are both impacted by changes in property assessments. Fingerlakes East Business Park Project: Attorney Folmer informed the Board he spoke with John Sidd, Attorney for the Cortland County IDA/BDC regarding the loan for the Fingerlakes East Business Park Project. Attorney Folmer, Attorney Sidd, and Mark Suben, Cortland County Attorney, would work cooperatively to complete the paperwork for funding the project. Bonding for the Increase and Improvements of Town Water and Sewer Districts: Attorney Folmer apprised the Board he would be in receipt of the bonding resolutions regarding the Vernon Drive/Starr Road Sewer Project and the Route 281/McLean Road Water Project, prior to the next Town Board Meeting. AUGUST 06, 2008 TOWN BOARD MEETING PAGE 5 Sale/Acquisition of Property: Attorney Folmer apprised the Board he received a phone call from Attorney Liam Murphy, Groton, New York, regarding a client of his who is either acquiring or selling some real estate (approx. 16 acres) that somehow may involve land owned by the Town. Attorney Folmer would get more detail from Attorney Murphy at a later date. Moratorium for Residential Uses in the 132-133 District: Attorney Folmer reminded the Board that at their last meeting there was discussion regarding the enactment of a moratorium for residential uses in the 132-133 districts. He questioned whether the Board wanted him to report on the process for a moratorium. Councilman O'Donnell requested the moratorium not be pursued. RESOLUTION #155 AUTHORIZE TOWN ATTORNEY TO CEASE REVIEW OF THE PROCESS FOR A MORATORIUM Motion by Councilman Rocco Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby authorize and direct the Town Attorney to cease review of the process for a Moratorium in the Town of Cortlandville involving the Town Zoning Ordinance and allowing residential uses in the 132-133 District. Councilman Rocco apprised the Board he was in communication with business owners along the NYS Route 281/Route 13 corridor, as well as motorists who utilize the highway, regarding the highway construction project. He complemented Economy Paving and the excellent job they were doing to keep traffic moving. RESOLUTION #156 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 2009, 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, 2008. Supervisor Tupper reported that the Town's share of County sales tax increased $60,000 compared to the same quarter last year. He indicated that one reason for the approximate 12- 13% increase was the renegotiated sales tax agreement. There was a brief discussion regarding correspondence from Douglas and Marian Withey regarding flooding concerns at their property located on Hoy Road. Councilman Proud stated that according to Planning/Zoning Officer, Bruce Weber an agreement was made to divert and re -divert the flow of water. Attorney Folmer stated he would discuss the matter with Mr. Weber. 1H-( AUGUST 06, 2008 TOWN BOARD MEETING PAGE 6 Councilman Rocco made a motion, seconded by Councilman Testa, to receive and file correspondence from Douglas and Marian Withey, dated June 26, 2008, regarding flooding concerns at their property located at 447 Hoy Road in the Town of Cortlandville. All voting aye, the motion was carried. There was a brief discussion regarding concern over property located at 851 Lamont Circle. Councilman Rocco apprised the Board he spoke with CEO Williams regarding the issue and explained the problem to the Board. CEO Williams was concerned that he did not have the authority to make the property owner maintain her home in the same manner as her neighbors. While the Board was concerned with the situation, they decided it would be best for CEO Williams to handle the situation. Councilman Rocco made a motion, seconded by Councilman Proud, to receive and file correspondence from Michael Toncola, dated July 2008, and a petition from residents of Lamont Circle, regarding property located at 851 Lamont Circle. All voting aye, the motion was carried. RESOLUTION #157 AUTHORIZE SUPERVISOR TO SIGN GRANT APPLICATION FROM DORMITORY AUTHORITY FOR THE STARR ROAD PARK (TED TESTA P Motion by Councilman O'Donnell Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to sign the 2008 Grant Application from the Dormitory Authority for the Starr Road Park (Ted Testa Park) in the amount of $250,000.00. Councilman Rocco was concerned with the fact that the Ted Testa Park was still being referred to as the Starr Road Park. Supervisor Tupper explained that the park was officially renamed, but that the Dormitory Grant was applied for in the name of Starr Road Park. To alleviate confusion regarding the grant, the name listed on the grant remained the Starr Road Park. Councilman O'Donnell made a motion, seconded by Councilman Rocco, to receive and file correspondence from Wal-Mart Real Estate & Design verifying that they will not request a tax exemption for the future Wal-Mart Supercenter. All voting aye, the motion was carried. There was discussion regarding the request by the Homer -Cortland Community Agency, Inc. for relief of the building permit fee for the Homeville Museum. Supervisor Tupper reminded the Board that a representative from the museum informally requested that the building permit fee be waived at the last Town Board meeting. He reiterated that all organizations, including churches, are subject to the same fees. The Board did not want to set precedent by waiving the building permit fee for one organization over another. No action was taken on the matter. Councilman Proud made a motion, seconded by Councilman Testa, to receive and file correspondence from William Breidinger, Homer -Cortland Community Agency, Inc., dated July 15, 2008, requesting the building permit fee be waived for the Homeville Museum. All voting aye, the motion was carried. There was discussion regarding the stormwater treatment structure for Walgreens on NYS Route 281. Attorney Folmer reported the Planning and Zoning Officer Weber and Pat Reidy from SWCD inspected the stormwater system and discovered that it was not working as designed. Both Mr. Weber and Mr. Reidy hoped that the problem would be resolved on a cooperative basis, and would report back to the Board at a later date. 1y8 AUGUST 06, 2008 TOWN BOARD MEETING PAGE 7 Councilman Proud made a motion, seconded by Councilman O'Donnell, to receive and file correspondence from Planning and Zoning Officer, Bruce Weber, dated July 21, 2008, including an attachment from Pat Reidy, SWCD, regarding the Walgreen stormwater system. All voting aye, the motion was carried. Councilman Proud made a motion, seconded by Councilman Testa, to receive and file correspondence from James Compagna, Troy & Banks Inc. to Mr. David Hess, National Grid, dated July 24, 2008, regarding the Town's street lighting account and the need for monetary adjustments plus applicable interest to the Town. All voting aye, the motion was carried. RESOLUTION #158 REFER AQUIFER PROTECTION PERMIT APPLICATION SUBMITTED BY INTERTEK TESTING SERVICES INC. TO THE TOWN AND COUNTY PLANNING BOARDS FOR REVIEW AND RECOMMENDATIONS Motion by Councilman Proud Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Aquifer Protection Permit application submitted by Intertek Testing Services Inc. for property located at 3933 Route 11, tax map #87.00-03-17.100, shall be referred to the Town and County Planning Boards for their review and recommendations, and it is further RESOLVED, the Aquifer Protection Permit application of Intertek Testing Services Inc. is hereby received and filed. Councilman Rocco made a motion, seconded by Councilman O'Donnell, to receive and file correspondence from Lawrence Knickerbocker, City of Cortland Corporation Counsel, dated July 29, 2008, regarding the proposed United Development Student Housing Project and potential affects to the City of Cortland. All voting aye, the motion was carried. Councilman O'Donnell made a motion, seconded by Councilman Proud, to receive and file correspondence from Duane Shoen, Ciaschi, Dietershagen, Little, Mickelson & Co., LLC, dated August 4, 2008, regarding Town Water & Sewer rates. All voting aye, the motion was carried. Supervisor Tupper apprised the Board that the DEC scheduled an informational meeting regarding windmills and sample ordinances that municipalities could adopt, for September 10, 2008 at 7:00 p.m., location to be determined. Attorney Folmer urged all members of the Board to attend the meeting. 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 8:00 p.m. Res ectfully submitted, � q- 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 17, 2008.