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Home My WebLink About11-19-2008210 NOVEMBER 19, 2008 TOWN BOARD MEETING 5:00 P.M. The Regular Meeting of the Town Board of the Town of Cortlandville was held at the Raymond G. Thorpe Municipal Building, 3577 Terrace Road, Cortland, New York, with Supervisor Tupper presiding. Members present: Supervisor, Richard 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; CEO, Tom Williams; Ginger Fairbanks Williams,. Interpreter; Kelsey Lindhorst; W. Karl Lindhorst Jr.; Sharon Stevans for Channel 2, Access TV; News Reporter, Eileen Hughes for the Cortland Standard; and News Reporter, Eric Mulvihill from WXHC. Supervisor Tupper called the meeting to order. Councilman Proud made a motion, seconded by Councilman Testa, to receive and file the Cortlandville Planning Board Minutes of August 26, 2008. All voting aye, the motion was carried. Councilman Proud made a motion, seconded by Councilman Testa, to receive and file the Cortlandville Zoning Board of Appeals Minutes of August 26, 2008. All voting aye, the motion was carried. The Draft Town Board Minutes of October 15, 2008 were presented to the Board for their review. RESOLUTION #225 AUTHORIZE PAYMENT OF VOUCHERS — NOVEMBER 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 #585 - 618 $148,524.37 General Fund B B188 - B192 $ 1,729.35 Highway Fund DB D425 - D442 $ 88,470.18 Trust & Agency T15 - T15 $ 960.00 Water Fund W278 - W297 $ 26,132.72 Sewer Fund S127 - S140 $ 95,725.83 Supervisor Tupper offered privilege of the floor to those in attendance. No comments or discussion were heard. The monthly report of the Town Justice, Supervisor, and Water & Sewer Department for the month of October 2008 were on the table for review and are filed in the Town Clerk's Office. Under old business, there was a brief discussion regarding the proposed County wind farm. A committee comprised of representatives from different municipalities and agencies were established to draft a wind ordinance that all municipalities in the County could adopt. Although the County Planning Board is the lead agency for the project, Councilman Rocco and Councilman Proud were asked to continue to attend the committee meetings and report back to the Board. 1 1 1 zil NOVEMBER 19, 2008 TOWN BOARD MEETING PAGE 2 RESOLUTION #226 ADOPT THE TOWN BUDGET FOR FISCAL YEAR OF 2009 Motion by Councilman O'Donnell Seconded by Councilman Proud VOTES: ALL AYE ADOPTED WHEREAS, on the 5�' day of November, 2008 the Town Board of the Town of Cortlandville, held a Public Hearing on the Preliminary Budget and proposed amounts to be raised by the benefit tax on benefited properties in the Town Sewer Improvement District, approved by the Town Board, and filed with the Town Clerk for fiscal year commencing January 01, 2009, and having heard all persons in favor of, or against any items therein contained, therefore BE IT RESOLVED, the preliminary budget is hereby approved as filed, and the same is hereby adopted and established as the annual budget of this Town for the fiscal year beginning January O1, 2009, and such annual budget, as so adopted, is filed with the Town Clerk, and it is further RESOLVED, that the Town Clerk of this Town shall prepare and certify, as provided by law, duplicate copies of the annual budgets, hereby adopted, together with the assessment rolls for the benefit of improvement for the Water Fund and the Sewer Fund, adopted pursuant to Section 202-a of the Town Law and within five days thereof, deliver two copies to the Supervisor of the Town and the Supervisor shall present the copies of the annual budget to the Legislature of Cortland County within ten days after his receipt thereof from the Clerk. RESOLUTION #227 ACKNOWLEDGE NOTIFICATION FROM THE STATE FOR FILING OF LOCAL LAW NO. 4 OF 2008 Motion by Councilman Testa Seconded by Councilman Proud VOTES: ALL AYE ADOPTED BE IT RESOLVED, the State of New York Department of State acknowledged receipt of Local Law No. 4 of 2008, "Amending Chapter 155, Transient Businesses of the Code of the Town of Cortlandville," to be effective November 3, 2008. Councilman Rocco made a motion, seconded by Councilman Testa, to receive and file the Cortlandville Fire District 2009 Operating Budget, received November 3, 2008. All voting aye, the motion was carried. Attorney Folmer reported: Bonds for Water and Sewer Improvement Projects: Attorney Folmer reported that the 5-year serial bonds for the NYS Route 281/McLean Road Water Improvement Project and the Starr Road/Vernon Drive Sewer Improvement Project were executed. Fingerlakes East Business Park: Attorney Folmer apprised the Board he attended the Town Planning Board Meeting on November 18, 2008 and listened to a presentation by the Cortland County IDA regarding the Fingerlakes East Business Park project. He reported that the property closing between the Osbeck's and the IDA had not yet occurred. RESOLUTION #228 AUTHORIZE CHANGE ORDER #3 AND #4 FROM VACRI CONSTRUCTION FOR THE VERNON DRIVE/STARR ROAD SEWER IMPROVEMENT PROJECT Motion by Councilman Proud Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED NOVEMBER 19, 2008 TOWN BOARD MEETING PAGE 3 BE IT RESOLVED,"the Town Board does hereby authorize and direct the Supervisor to execute Change Order #3 and #4 from Vacri Construction in the amount of $3,643.79 for the Vernon Drive/Starr Road Sewer Improvement Project. RESOLUTION #229 AUTHORIZE CHANGE ORDER #6 THROUGH #9 FROM VACRI CONSTRUCTION FOR THE NYS ROUTE 281/MCLEAN ROAD WATER IMPROVEMENT PROJECT Motion by Councilman Rocco Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to execute Change Order #6 through #9 from Vacri Construction in the amount of $2,058.85 for the NYS Route 281/McLean Road Water Improvement Project. Councilman Rocco made a motion, seconded by Councilman Proud, to receive and file correspondence from Thoma Development Consultants dated October 24, 2008 regarding available grants the Town could apply for. All voting aye, the motion was carried. Councilman Rocco made a motion, seconded by Councilman Testa, to receive and file correspondence from Cooper Erving & Savage LLP, Attorneys and Counselors at Law, dated October 30, 2008, regarding wind energy. All voting aye, the motion was carried. Councilman Rocco made a motion, seconded by Councilman O'Donnell, to receive and file the "Notice of Complete Application" from the New York State Department of Environmental Conservation, dated October 31, 2008, regarding the extension of the rail spur from NYS Route 281 to Luker Road. All voting aye, the motion was carried. Councilman Rocco made a motion, seconded by Councilman Testa, to receive and file correspondence from Mary White, dated November 1, 2008, regarding the Water Benefit Tax for her property located at 1271 Fisher Avenue. All voting aye, the motion was carried. RESOLUTION 4230 DENY REQUEST OF MARY WHITE TO REMOVE WATER BENEFIT TAX UNIT CHARGE FOR PROPERTY LOCATED AT 1271 FISHER AVENUE Motion by Councilman Testa Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED WHEREAS, the Town Board received a request from Mary White, dated November 1, 2008, asking that she be exempt from the Water Benefit Tax for her property located at 1271 Fisher Avenue because she has no intent to hookup to the service, and WHEREAS, such request was reviewed by Town Assessor, David Briggs, who reported that although the property owner was not required to hookup to Town water, the service was available and subject to the benefit tax, therefore BE IT RESOLVED, the Town Board does hereby deny the request with regret for the removal of the Water Benefit unit charge for property located at 1271 Fisher Avenue, tax map #76.18-01- 06.000, owned by Mary White, in order to remain consistent with Town policy. NOVEMBER 19, 2008 TOWN BOARD MEETING PAGE 4 RESOLUTION #231 REFER AQUIFER PROTECTION PERMIT APPLICATION OF TIM HORTON USA INC. TO THE TOWN AND COUNTY PLANNING BOARDS FOR THEIR REVIEW AND RECOMMENDATIONS Motion by Councilman Proud Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Aquifer Protection Permit application submitted by Tim Horton USA Inc. for property located at 3538 NYS Route 281, owned by Melvin and Philip Simon, tax map #95.16-01-20.000, shall be referred to the Town and County Planning Boards for their review and recommendations. RESOLUTION #232 REFER AQUIFER PROTECTION PERMIT APPLICATION OF THOMAS SCHICKEL TO THE TOWN AND COUNTY PLANNING BOARDS FOR THEIR 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 Thomas Schickel for property located at 3390 NYS Route 281, owned by Michael D. Edwards, tax map #86.13- 01-12.000 & 86.13-01-13.000, shall be referred to the Town and County Planning Boards for their review and recommendations. RESOLUTION #233 SCHEDULE PUBLIC HEARING FOR AQUIFER PROTECTION PERMIT SUBMITTED BY LOWE'S HOME CENTERS, INC. FOR PROPERTY LOCATED OFF NYS ROUTE 13 Motion by Councilman Proud Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED BE IT RESOLVED, a Public Hearing shall be scheduled for December 17, 2008 at 5:00 p.m. or as soon thereafter as the parties may be heard concerning an Aquifer Protection Permit submitted by Lowe's Home Centers, Inc. for property located off NYS Route 13, tax map #95.20-02- 01.000. Attorney Folmer reported that the Town Planning Board approved the Conditional Permit for Lowe's Home Centers, Inc., and recommended the Town Board issue an Aquifer Protection Permit and to act as Lead Agency under SEQRA. The Planning Board had a significant amount of discussion regarding stormwater management and monitoring wells. Also, Lowe's indicated that a procedures manual was in place that was both generic and site specific to deal with all of the stormwater issues. Attorney Folmer reported that Lowe's incorporated the 10' x 20' parking spaces required by Town Code, making it the lowest number of parking spaces for any of the Lowe's stores. He stated that Lowe's was anxious to come to this community. RESOLUTION #234 SCHEDULE PUBLIC HEARING FOR AQUIFER PROTECTION PERMIT SUBMITTED BY HEIDI RAULSTEN FOR PROPERTY LOCATED AT 3438 SOUTH HILL ROAD Motion by Councilman Testa Seconded by Councilman Proud VOTES: ALL AYE ADOPTED ziq NOVEMBER 19, 2008 TOWN BOARD MEETING PAGE 5 BE IT RESOLVED, a Public Hearing shall be scheduled for December 17, 2008 at 5:00 p.m. or as soon thereafter as the parties may be heard concerning an Aquifer Protection Permit submitted by Heidi Raulsten for property located at 3438 South Hill Road, tax map 498.00-04-14.000. Councilman Testa made a motion, seconded by Councilman Proud, to receive and file the Code Enforcement Office Policies regarding the Stormwater Management Plan Process for both Minor and Major Project Plans. All voting aye, the motion was carried. Attorney Folmer recalled that the adoption of a Stormwater Management Plan review fee was tabled at the November 5, 2008 Town Board Meeting. The Board questioned whether the proposed $500.00 fee was appropriate, and questioned whether the entire fee would be turned over to the Soil & Water Conservation District (SWCD). Supervisor Tupper indicated that SWCD suggested the fee, which would be collected by the Town and submitted to SWCD once the work on a specific project was complete. RESOLUTION #235 ADOPT STORMWATER REVIEW FEE IN THE AMOUNT OF $500.00 Motion by Councilman Testa Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED WHEREAS, despite applications for major/minor projects that require a significant amount of review by the Cortland County Soil & Water Conservation District, the Town does not have an established stormwater review fee, therefore BE IT RESOLVED, the Town Board does hereby adopt a Stormwater Review Fee in the amount of $500.00 payable by the applicant of a project prior to the issuance of any permits for the project, and it is further RESOLVED, all monies received shall be forwarded to the Cortland County Soil & Water Conservation District at the conclusion of the stormwater review. Councilman Testa made a motion, seconded by Councilman O'Donnell, to receive and file correspondence from Dan Mones, Valley View Gardens, dated November 18, 2008, regarding the Conditional Permit application submitted by Harold Gibbs to the Town Planning Board. All voting aye, the motion was carried. Attorney Folmer reported that the Town Planning Board approved a Conditional Permit for the sale of Christmas trees to Harold Gibbs (Hannah's Flowers), at the location of Pat & Mike's on NYS Route 222. The sale of Christmas trees was permitted until December 25, 2008 with no obstruction of traffic view by trees, and with complete removal of any sale remains by December 30, 2008. No further comments or discussion were heard. Councilman Proud 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 5:25 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 December 3, 2008.