HomeMy WebLinkAbout09-16-2009SEPTEMBER 16, 2009
5:00 P.M.
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PUBLIC HEARING NO. 1
AQUIFER PROTECTION PERMIT
WILLIAM CLEARY, OR
M.V. WEISS & ASSOCIATES (KFC), APPLICANT
NYS ROUTE 281
TAX MAP #86.17-01-07.200
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 M.V. Weiss & Associates (KFC) permitting the
construction of a 2,625 sq. ft. restaurant with drive-thru parking for 35 vehicles, for property located
on the east side of NYS Route 281, immediately north of the NYS Route 281/Luker Road
intersection, owned by William Cleary, tax map #86.17-01-07.200.
Members present: Supervisor, Richard Tupper
Councilman, Theodore V. Testa
Councilman Ronal. L. Rocco
Councilman, John Proud
Councilman Gregory Leach
Town Clerk, Karen Q. Snyder, RMC
Others present were: Town Attorney, John B. Folmer; Town Highway Sup't. Carl Bush;
Duane Shoen from Ciaschi, Dietershagen, Little, Mickelson & Company, LLP; Bill Cleary; Tim
Neff, News Reporter, Tom Wanamaker from the Cortland Standard; 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. There were no
requests for privilege of the floor.
Councilman Rocco questioned whether the proposed restaurant would replace the current
KFC located on Route 222.
William Cleary, owner of the property for the proposed location, informed the Board the
new location would replace the current restaurant.
No further comments or discussion were heard.
The Public Hearing was closed at 5:05 p.m.
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SEPTEMBER 16, 2009
5:05 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: Supervisor, Richard Tupper
Councilman, Theodore Testa
Councilman, Ronal L. Rocco
Councilman, John Proud
Councilman, Gregory Leach
Town Clerk, Karen Q. Snyder, RMC
Others present were: Town Attorney, John B. Folmer; Town Highway Sup't. Carl Bush;
Duane Shoen from Ciaschi, Dietershagen, Little, Mickelson & Company, LLP; Bill Cleary; Tim
Neff; News Reporter, Tom Wanamaker from the Cortland Standard; Sharon Stevans for Channel 2,
Access TV.
Supervisor Tupper called the meeting to order.
Councilman Proud made a motion, seconded by Councilman Leach, to receive and file the
Cortlandville Zoning Board of Appeals Minutes of July 28, 2009. All voting aye, the motion was
carried.
RESOLUTION #140 AUTHORIZE PAYMENT OF VOUCHERS — SEPTEMBER
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 #594 - 611
$
22,125.69
General Fund B
B 194 - B208
$
12,221.61
Highway Fund DB
D335 - D357
$215,520.56
Trust & Agency
T30 - T30
$
20,883.54
Water Fund
W232 - W241
$
8,552.50
Sewer Fund
S91 - S95
$
19,713.10
Capital Project
H6 - H7
$
6,092.21
Supervisor Tupper introduced Duane Schoen from Ciaschi, Dietershagen, Little,
Mickelson & Company, LLP, Certified Public Accountants. Mr. Schoen's company completed
the 2008 Town Audit. As discussed at the September 2, 2009 Town Board Meeting, Mr. Schoen
was in attendance to discuss a few items from the audit.
Mr. Schoen apprised the Board there were no significant problems found during the audit
of financial statements for the year 2008. The firm did not identify any deficiencies in internal
control, nor problems with management in performing and completing the audit. There were,
however, a few matters regarding current year findings which he reviewed with the Board.
- Town Board Minutes not submitted to and approved by the Board in a timely
manner. Recommendation made that monthly Board Minutes be prepared and
approved by the Board at the following month's Board meeting.
- Inconsistent purchasing with regard to Town Procurement Policy.
Recommendation made to follow the procurement policy or to revise the
policy to reflect current procedure, as well as to consider adoption of a
purchase order system to better track purchases and for budgetary reasons.
- Cash Reconciliation — One outstanding check dated August 2008, still
outstanding in January 2009. Recommendation that checks be written and
expensed only when the service is performed or encumbered as appropriate.
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SEPTEMBER 16, 2009 TOWN BOARD MEETING
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Sewer Fund Billing - 3`d Quarter industrial billing charge was not billed in
2008. The wastewater treatment plant billed the Town late, which resulted in
the Town sending the customer the bill late. Recommendation made for the
Town to consider sending estimated bills if the Town is not billed timely.
With regard to future considerations, Mr. Schoen apprised the Board the Government
Accounting Standards Board (GASB) recently issued its Statement No. 45, "Accounting and
Financial Reporting by Employers for Postemployment Benefits other than Pensions," effective
for 2009. The Statement requires the Town to hire an actuary to come up with a value for
postemployment benefits (health insurance for retirees) and report the expense. The Town is
required to disclose the full amount of liability for the year 2009, but can amortize the amount
over the next 30 years.
Mr. Schoen explained some details of the audit report to the Board and encouraged them
to read the documents.
Supervisor Tupper commented on the current year findings noted by Mr. Schoen.
- Town Board Minutes have been submitted and approved in a more timely
manner.
- The Town is considering going back to a purchase order policy.
- The outstanding check from August 2008 was held by the Town because the
Town was not happy with professional services rendered. The check was held
until the Town was satisfied. The funds were guaranteed by the bank and the
check was cashed. It is not the Town's practice to hold checks.
- If the Town does not receive a bill from the wastewater treatment plant in the
future, the Town may estimate a bill for the industrial billing.
Councilman Proud commented on the Town's Procurement Policy and suggested the
Board review and revise the policy by the end of the year.
Supervisor Tupper offered privilege of the floor to those in attendance, although there
were no requests.
On a separate matter, Councilman Rocco mentioned that the County was granted over
$330,000 in funding from the federal government for flooding that occurred between August 8-
10, 2008. A meeting was scheduled for Friday, October 18, 2009, from 9-11 a.m. at the
Cortlandville Fire District's training center for all interested parties/involved agencies to discuss
flooding. Representatives from FEMA would also be coming to Town in the upcoming weeks to
walk the creek beds with representatives of the Town. He assured residents that the Town was
"not giving up on getting funding to reduce the flow of water."
Supervisor Tupper informed the Board that Highway Sup't. Bush submitted a claim to
get reimbursed for damage to Town roads as a result of flooding.
The monthly report of the Town Justice for the month of August 2009 was on the table
for review and is filed in the Town Clerk's office.
Attorney Folmer and the Board reviewed the SEQR Short Environmental Assessment
Form for the Aquifer Protection Permit application submitted by M.V. Weiss & Associates for
property located on NYS Route 281.
RESOLUTION #141 DECLARE NEGATIVE IMPACT FOR AQUIFER
PROTECTION PERMIT #2 OF 2009 SUBMITTED BY M.V.
WEISS & ASSOCIATES FOR PROPERTY LOCATED ON
NYS ROUTE 281
Motion by Councilman Proud
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
SEPTEMBER 16, 2009 TOWN BOARD MEETING PAGE 3
WHEREAS, an Aquifer Protection Permit application was submitted by M.V. Weiss &
Associates (KFC) to permit the construction of a 2,625 sq. ft. restaurant with drive-thru and
parking for 35 vehicles, for property located on the east side of NYS Route 281, immediately
north of the NYS Route 281/Luker Road intersection, owned by William Cleary, tax map
#86.17-01-07.200, 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
M.V. Weiss & Associates (KFC), Aquifer Protection Permit #2 of 2009, shall have no significant
environmental impact.
RESOLUTION 4142 AUTHORIZE SUPERVISOR TO SIGN SEQRA
APPLICATION OF AQUIFER PROTECTION
PERMIT #2 OF 2009
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 #2 of 2009, submitted by M.V. Weiss &
Associates.
RESOLUTION #143 APPROVE AQUIFER PROTECTION PERMIT #2 OF 2009
SUBMITTED BY M.V. WEISS & ASSOCIATES FOR
PROPERTY LOCATED ON NYS ROUTE 281
SUBJECT TO CONDITIONS
Motion by Councilman Testa
Seconded by Councilman Proud
VOTES: ALL AYE ADOPTED
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 #2 of 2009,
submitted by M.V. Weiss & Associates, permitting the construction of a 2,625 sq. ft. restaurant
with drive-thru and parking for 35 vehicles, for property located on the east side of NYS Route
281, immediately north of the NYS Route 281/Luker Road intersection, owned by William
Cleary, tax map #86.17-01-07.200, subject to the following conditions from the Town and
County Planning Boards, and the concurrence of the NYS Department of Transportation:
1. A NYS Department of Transportation (DOT) curb cut permit being obtained for the
driveway entrance onto NYS Route 281.
2. The applicant preparing a stormwater pollution prevention plan for the site per the
Town's stormwater ordinance as there would be more than 10,000 sq. ft. of
impervious surface on the site. This stormwater pollution prevention plan must
include a maintenance schedule for the stormwater quality pretreatment unit capturing
parking lot runoff.
3. The applicant filing a Notice of Intent with the NYS Department of Environmental
Conservation (DEC) if more than one acre of land is disturbed as part of this proposal
as per the NYS Phase II stormwater regulations.
4. The dumpster area being properly screened so as to not be visible from neighboring
properties or NYS Route 281.
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SEPTEMBER 16, 2009 TOWN BOARD MEETING
PAGE 4
5. A food service permit being obtained from the County Health Department.
6. The installation of a backflow prevention device for the public water connection.
7. Approval of the connection to the public water and public sewer by the County
Health Department via application to the Town.
8. Approval from the County Health Department of the proposed grease trap for the
facility.
9. The applicant pursue a second means of access to this site via the Top's Plaza
property to the rear of this site for the purpose of traffic and fire safety.
10. Compliance with SEQR requirements.
AND IT IS FURTHER RESOLVED, the Supervisor is hereby authorized to sign the permit.
Councilman Proud made a motion, seconded by Councilman Testa, to receive and file
correspondence from the New York State Department of Transportation, dated September 16,
2009, regarding the revised traffic impact study for the proposed KFC on NYS Route 281,
allowing a "right-in/left-in/right-out driveway" at the location, with a prohibited "left -out
movement" at the location. All voting aye, the motion was carried.
Attorney Folmer reported:
Local Law for Flood Damage Prevention from the NYS DEC:
Attorney Folmer apprised the Board the Supervisor received a new set of regulations
regarding FEMA and flood control prevention from the New York State Department of
Environmental Conservation. The Town would be required to adopt a new local law to replace
the current local law adopted in 1983.
The new regulations would require the Board to make a decision regarding a few items.
The first item to discuss was who to name as the administrator of the ordinance. Attorney
Folmer questioned whether the Board would like to name the Planning/Zoning Officer or the
Code Enforcement Officer as the administrator. Supervisor Tupper suggested the Board name
the Code Enforcement Officer as the administrator of the ordinance. The CEO is an employee of
the Town, while the Planning/Zoning Officer is by contract. The Board agreed with his
suggestion.
The second item to discuss was with regard to fees. The new ordinance included a
provision for a fee for filing an application for a development permit, while the present ordinance
does not have a fee. Attorney Folmer questioned whether the Board wanted to establish a fee,
and if so what the fee should be. Councilman Rocco suggested the Board postpone a decision
regarding fees until after the September 181h meeting with the NYS DEC and FEMA.
Attorney Folmer commented that the new ordinance was quite specific and more
thorough than the present ordinance. The theory under the local law was for the administrator to
examine the application and make a determination to either approve or deny the permit. The
local law provides for an appeals process to review a determination made by the administrator.
He questioned whether the Zoning Board of Appeals or the Planning Board should hear the
appeal. A suggestion was made by Councilman Rocco that the Planning Board be involved in
the process. He also suggested that the Chairperson of both the Zoning Board of Appeals and
Planning Board be consulted.
While a decision was not required tonight, Attorney Folmer explained that there was a
deadline for adopting the new ordinance. If the Town did not adopt the ordinance and follow the
process indicated by the NYS DEC, the Town would be eligible for suspension from the
National Flood Insurance Program (NFIP).
The Board would review the information provided and discuss the issue at a later
meeting.
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SEPTEMBER 16, 2009 TOWN BOARD MEETING PAGE 5
Proposed Zoning Ordinance:
Attorney Folmer apprised the Board he completed the proposed amendments to the Town
Zoning Ordinance. As indicated at the September 2nd Town Board Meeting, terminology was
changed to correctly reflect the duties of the Planning Zoning Officer and Code Enforcement
Officer. The draft was submitted to the Planning/Zoning Officer, the Code Enforcement Officer,
and would also be submitted to Dan Dineen, Director of the Cortland County Planning
Department, for review. Because the County formally reviewed the proposed Zoning
Amendment, and significant changes were not made, Attorney Folmer did not anticipate the Mr.
Dineen would require another formal review.
New York State BAR Association Meeting:
Attorney Folmer requested permission to attend the New York State BAR Association
meeting to be held October 23-25, 2009 in Canandaigua, New York. Topics of discussion
included the Marcellus Shale problem, alternative energy sources, and windfarm regulation.
The Board encouraged Attorney Folmer to attend.
Councilman Proud updated the Board on the status of the County windfarm project. The
applicant, TCI Renewable, would make a presentation to the County Legislature on September
24, 2009. The SEQR application was submitted over a year ago to the County.
The committee established to discuss/develop windfarm regulations countywide planned
to visit a windfarm in western New York in the next few weeks.
Cortlandville Business District Sign:
Attorney Folmer apprised the Board he would be submitting a letter on behalf of the
Town to the NYS DOT seeking a long-term commitment to locate a Cortlandville Business
District sign on the corner of NYS Route 281 and McLean Road (formerly the site of the Mobile
gas station). The sign would welcome people as they travel along Route 281 to the Cortlandville
Business District. The sign may or may not include a list of the businesses located to the south
of the sign. Councilman/Historian Rocco was contacting businesses to see if they would be
interested in contributing money for such a welcome sign.
Councilman Proud made a motion, seconded by Councilman Leach, to receive and file
correspondence from the Office of the NYS Comptroller, dated September 2009, regarding the
Employees Retirement System Final Contribution Rates for February 1, 2011 payment. All
voting aye, the motion was carried.
There was discussion regarding the "Stormwater Management System Maintenance
Procedure Requirements" submitted by Planning Board Member, Nick Renzi on behalf of the
Town Planning Board.
Attorney Folmer explained that the Town Planning Board has become aware of the
necessity for long-term maintenance of Stormwater Management Systems so they can continue
to operate as they are supposed to. Mr. Renzi, in conjunction with the Planning Board as a
whole, suggested it would be helpful if an applicant were given a checklist of items that should
be included in a manual that they could give to their employees in order to deal with the instant
repair of the stormwater systems. If a problem arose, an employee would have instructions of
who to notify, and what to do.
At the concurrence of the Planning Board, Mr. Renzi developed the Policy as
requirements for a Stormwater Management System Maintenance Manual. The Planning Board
requested it be adopted as a policy for the Planning Board to implement. The Planning Board
understood the requirements would not be applicable to any current application, but would be
applicable to applications that come in subsequent to the adoption of the policy.
The Planning Board would provide the policy to the applicant at the onset of the
application. The policy would be a method by which the applicant does not get "blind -sided" by
unexpected items that come up at a Planning Board meeting, which would minimize delays in
approval of the application. Attorney Folmer informed the Board that while Mr. Renzi
composed the proposed policy, it was reviewed/revised by the Planning Board as well as by Pat
Reidy from the Soil & Water Conservation District.
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SEPTEMBER 16, 2009
TOWN BOARD MEETING
PAGE 6
After discussion, the Board agreed the adoption of such a policy was a good idea.
Although the Town has been implementing stormwater management for years, there has never
been a procedure for following up to make sure the systems are functioning properly.
Councilman Proud made a motion, seconded by Councilman Rocco, to receive and file
the Stormwater Management System Maintenance Procedure Requirements submitted by
Planning Board Member, Nick Renzi dated September 3, 2009, on behalf of the Town Planning
Board. All voting aye, the motion was carried.
RESOLUTION #144 ADOPT STORMWATER MANAGEMENT SYSTEM
MAINTENANCE PROCEDURE REQUIREMENTS AS TOWN
POLICY
Motion by Councilman Leach
Seconded by Councilman Proud
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby adopt the "Stormwater Management System
Maintenance Procedure Requirements" dated September 3, 2009, as Town Policy to be
implemented by the Town Planning Board.
RESOLUTION #145 AUTHORIZE SUPERVISOR TO SIGN APPLICATION TO
NEW YORK STATE UNIFIED COURT SYSTEM FOR A
GRANT UNDER THE JUSTICE COURT ASSISTANCE
PROGRAM
Motion by Councilman Testa
Seconded by Councilman Proud
VOTES: ALL AYE ADOPTED
WHEREAS, the New York State Unified Court System has available to town and village courts
a grant with a maximum award of $30,000, available through the Justice Court Assistance
Program, and
WHEREAS, the amount Town Justice Francis J. Casullo is requesting from such grant will not
exceed $5,000, therefore
BE IT RESOLVED, the Supervisor is hereby authorized and directed to sign such application,
and it is further
RESOLVED, the Town Clerk is hereby authorized and directed to prepare a certified copy of the
foregoing resolution to be forwarded to the Unified Court System along with the completed
application.
RESOLUTION #146 AUTHORIZE SUPERVISOR TO SIGN PROPOSAL FROM
THOMA DEVELOPMENT CONSULTANTS FOR GRANT
WRITING SERVICES FOR THE 2009 SMALL CITIES CDBG
ECONOMIC DEVELOPMENT GRANT PROGRAM
Motion by Councilman Proud
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to sign the
proposal from Thoma Development Consultants for grant writing services for the 2009 Small
Cities CDBG Economic Development grant program, not to exceed $5,500.00.
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SEPTEMBER 16, 2009 TOWN BOARD MEETING PAGE 7
Councilman Rocco made a motion, seconded by Councilman Proud, to receive and file
correspondence from the New York State Department of Transportation, dated August 31, 2009,
acknowledging the Town's request for a lower speed limit on the following roads: the entire
length of Conable Avenue; the entire length of Rural Avenue; and East River Road from Route
11 north a distance of 0.35+/- miles. All voting aye, the motion was carried.
Councilman Rocco made a motion, seconded by Councilman Testa, to receive and file
correspondence from New York State Governor David Patterson, dated September 10, 2009,
regarding Federal Disaster Aid for Cortland County. All voting aye, the motion was carried.
RESOLUTION #147 REAPPOINT GREGORY ROBINSON TO THE BOARD OF
ASSESSMENT REVIEW
Motion by Councilman Proud
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby reappoint Gregory Robinson, 938 Blue Creek
Road, Cortland, NY, to the Cortlandville Board of Assessment Review for a five-year term
commencing October 1, 2009 and expiring September 30, 2014.
No further comments or discussion were heard.
Councilman Proud made a motion, seconded by Councilman Rocco, to adjourn the
Regular Meeting. All voting aye, the motion was carried.
The meeting was adj ourned at 6:10 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 October 21, 2009.
The final version of this meeting was approved as written at the Town Board meeting of November 4, 2009.
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