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.
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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.
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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
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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
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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.
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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.
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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.