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HomeMy WebLinkAbout04-02-20031,140 APRIL 02, 2003 7:00 P.M. PUBLIC HEARING NO. 1 COMMUNITY DEVELOPMENT BLOCK GRANT BLODGETT MILLS AREA A Public Hearing was held by the Town Board of the Town of Cortlandville at the Town Hall, 3577 Terrace Road, Cortland, New York, concerning a Community Development Block Grant for the Blodgett Mills area, in which the Town would be submitting an application to New York State for funding under the Federal Small Cities Community Development Program on or about April 11, 2003, with a maximum funding request of $400,000, to be used for activities that are eligible under Section 570.482 of Subpart I of the federal Housing and Community Development Act of 1974. Members present: Supervisor, Raymond Thorpe Councilman, Theodore Testa Councilman, Edwin O'Donnell Councilman, Ronal Rocco Councilman, John Pilato Town Clerk, Karen �Q. Snyder Others present were: Town Attorney, John Folmer; Highway Sup't. Carl Bush; Water & Sewer Sup't. Peter Alteri; James Trasher of Clough, Harbour & Associates; Jill Giocondo of the Cortland Standard; Planning Board Member Nicholas Renzi; Dick Crozier; Bernie Thoma of Thoma Development Consultants; Steve Cleason of APD Engineering; Attorney Kelly Pronti of Harter, Secrest & Emery: New York State Trooper, Susan Lockyer; Elizabeth Caughey from Tunison Laboratory of Fish Nutrition; Andrea Rankin; Pat Shedd; and Chris Magee, employee of Tops. Supervisor Thorpe called the Public Hearing to order. Town Clerk, Karen Snyder, read aloud the published, posted and filed legal notice. Supervisor Thorpe offered privilege of the floor to those in attendance. Bernie Thoma of Thoma Development apprised the Board the purpose of the Community Development Block Grantmould be to get funding for the Blodgett Mills area to assist people who have low to modern income to "fix up" their homes. The Town has submitted a single purpose application with a maximum funding request of $400,000. Approximately $306,000 was budgeted for housing rehabilitation, $21,000 budgeted for sidewalks, and the remainder budgeted for administration and program delivery. The application was approved by the Board and must be filed by April 11, 2003. Mr. Thoma anticipated he would know whether the Town would receive funding by August or September 2003. If the funds are received, work would begin in the late fall. Mr. Thoma welcomed questions from those in attendance. Dick Crozier questioned what specific areas would receive funding. Mr. Thoma stated the hamlet of Blodgett Mills plus a few houses on Route 11 across the bridge. Councilman Testa questioned how many houses were eligible. Mr. Thoma stated there is a budget to fix 18 or 19 different structures. Through Thoma Development's survey work, about 26 or 27 properties were eligible based on the property owner's income and the condition the structure was in. Based on the surveys sent out by Thoma Development, there are more than enough people eligible and interested in the program, as there was close to a 100% survey response rate. Councilman O'Donnell questioned how much the sidewalk project would cost again. Mr. Thoma stated about $21,000 was budgeted for sidewalks in Blodgett Mills. Thoma Development estimated about 211 blocks that need to be replaced. The sidewalks would be through most of the area. Councilman Rocco stated the Board appreciated the help of Thoma Development with the Community Development Block Grant. No further comments or discussions were heard. Councilman Testa made a motion, seconded by Councilman Rocco, to close the Public Hearing. All voting aye, the motion was carried. 1 �J 1 0 1 The Public Hearing was closed at 7:07 p.m. APRIL 02, 2003 ► USA 9MA PUBLIC HEARING NO.2 COMMUNITY DEVELOPMENT BLOCK GRANT COUNTRY INN & SUITES NYS ROUTE 281 TAX MAP #95.00-05-14.000 A Public Hearing was held by the Town Board of the Town of Cortlandville at the Town Hall, 3577 Terrace Road, Cortland, New York, concerning the Community Development Block Grant for Country Inn & Suites, in which the Town would be submitting an application to New York State f or funding under the Small Cities Community Development Block Grant (CDBG) - Economic Development Program on or before April 25, 2003, with a maximum funding request of $388,000 to be used for activities that are eligible under Section 570.482 of Subpart C of the Housing and Community Development Act of 1974. Members present: Supervisor, Raymond Thorpe Councilman, Theodore Testa Councilman, Edwin O'Donnell Councilman, Ronal Rocco Councilman, John Pilato Town Clerk, Karen Q. Snyder Others present were: Town Attorney, John Folmer; Highway Sup't. Carl Bush; Water & Sewer Sup't. Peter Alteri; James Trasher of Clough, Harbour & Associates; Jill Giocondo of the Cortland Standard; Planning Board Member Nicholas Renzi; Dick Crozier; Bernie Thoma of Thoma Development Consultants; Steve Cleason of APD Engineering; Attorney Kelly Pronti of Harter, Secrest & Emery; New York State Trooper, Susan Lockyer; Elizabeth Caughey from Tunison Laboratory of Fish Nutrition; Andrea Rankin; Pat Shedd; and Chris Magee, employee of Tops. Supervisor Thorpe called the Public Hearing to order. Town Clerk, Karen Snyder, read aloud the published, posted and filed legal notice. Supervisor Thorpe offered privilege of the floor to those in attendance. Bernie Thoma of Thoma Development apprised the Board the funding request was related to the proposed Country Inn & Suites on NYS Route 281. Based on the preliminary application submitted by Thoma Development, the Town invited a final application. Mr. Thoma stated the first payment loaned to the project would be $375,000 out of the $388,000. The funds will be used to purchase furniture and fixtures for the hotel. The total project cost is five million dollars, with a little over a million dollars in equity and the remainder from private lenders. The funds would only be available after construction is underway. Town Planning Board member Nicholas Renzi questioned whether the grant money would be repaid. Mr. Thoma stated the grant money would not be repaid unless Mr. Estruch did not comply with the requirements of opening the hotel and hiring a certain number of people. Attorney Folmer questioned how long the condition of employing a specific number of people lasted. Mr. Thoma stated as long as the conditions were met, the money would not have to be repaid. Attorney Folmer questioned what would happen if the project were completed, the conditions were met, and then employment was cut in half two years later. Mr. Thoma stated once the hotel was constructed and twenty-six full-time employees were hired, Mr. Estruch would not have to repay the money, and would no longer be required to employ twenty-six people for a continued period of time. An unidentified woman questioned whether there were any guidelines regarding wages. Mr. Thoma stated there was no specific commitment beyond what was required by labor laws. An unidentified man questioned whether management positions were available. Mr. Thoma stated management personnel had not been hired yet. APRIL 02, 2003 PUBLIC HEARING PAGE 2 Attorney Folmer questioned whether Mr. Thoma had seen any contractual blockage from the state. Mr. Thoma replied no. He stated Supervisor Thorpe received a letter from the state with the terms and conditions of the contract. Attorney Folmer stated the Town was not obligated to complete the application until the contractual documents are received and signed. The Town could still withdraw its application. Mr. Thoma stated the result of the Town submitting the application to the state would be the contractual documents. Councilman Rocco commended the project and stated it would be beneficial to the Town as well as to SUNY Cortland. Mr. Renzi stated the hotel would be beneficial, but did not agree with the state giving a $388,000 grant that did not have to be repaid; especially since it would be used to purchase furniture. W. Renzi did not agree the state should give grant money to a hotel when the state had been imposing many things on small municipalities that the state no longer had money for. Mr. Renzi stated the applicant should raise the money. Mr. Thoma stated the money would be a grant to the Town, rather than to the hotel. Attorney Folmer informed the Board the reason Mr. Estruch requested a grant was because he could not get a loan to fund the remainder of the project. Mr. Thoma stated Mr. Estruch's lender required there be no more debt on the project. Attorney Folmer stated, until construction of the hotel was complete and twenty-six employees were hired, the grant money would be considered a loan, which is a debt. Mr. Thoma stated the lender did not have a problem with those conditions. Councilman O'Donnell stated Country Inn & Suites has a good track record, as there are two other successful hotels in other areas. Councilman Rocco stated he wanted to make sure the operator of the hotel ran a "good ship" and that the hotel did not become an eyesore. Councilman Pilato questioned whether there was any obligation to the Town if employment fell under twenty-six people. Mr. Thoma stated there would be no obligation to the Town. Attorney Folmer apprised Councilman Pilato the Town had not received the contractual documents, which would spell out the obligations of the Town. If failure to continue the conditions triggered an obligation on the part of the Town, he would advise the Town to not undertake the grant. Mr. Renzi questioned if there were any anticipated tax deferrals for the hotel, and whether the property was in the Empire Zone. Mr. Thoma stated the property was in the Empire Zone. As an Empire Zone business the hotel would reap benefits. Mr. Thoma stated the hotel would still pay taxes, but some of the tax money would be refunded by the state. No further comments or discussions were heard. Councilman O'Donnell made a motion, seconded by Councilman Pilato, to close the Public Hearing. All voting aye, the motion was carried. The Public Hearing was closed at 7:20 p.m. E 1 APRIL 02, 2003 7:20 P.M. Jy3 1 1 TOWN BOARD MEETING The Regular Meeting of the Town Board of the Town of Cortlandville was held at the Town Hall, 3577 Terrace Road, Cortland, New York, with Supervisor Thorpe presiding. Members present: Supervisor, Raymond Thorpe Councilman, Theodore Testa Councilman, Edwin O'Donnell Councilman, Ronal Rocco Councilman, John Pilato Town Clerk, Karen Q. Snyder Others present were: Town Attorney, John Folmer; Highway Sup't. Carl Bush; Water & Sewer Sup't. Peter Alteri; James Trasher of Clough, Harbour & Associates; Jill Giocondo of the Cortland Standard; Planning Board Member Nicholas Renzi; Dick Crozier; Bernie Thoma of Thoma Development Consultants; Steve Cleason of APD Engineeringg; Attorney Kelly Pronti of Harter, Secrest & Emery; New York State Trooper, Susan Lockyer; Elizabeth Caughey from Tunison Laboratory of Fish Nutrition; Andrea Rankin; Pat Shedd; and Chris Magee, employee of Tops. Supervisor Thorpe called the meeting to order. Councilman O'Donnell made a motion, seconded by Councilman Rocco, to approve the Town Board Minutes of January 02, 2003 as written. All voting aye, the motion was carried. Councilman Pilato made a motion, seconded by Councilman Rocco, to approve the Town Board Minutes of January 15, 2003 as written. All voting aye, the motion was carried. Councilman O'Donnell made a motion, seconded by Councilman Testa, to approve the Town Board Minutes of February 05, 2003 as written. All voting aye, the motion was carried. Councilman Rocco made a motion, seconded by Councilman O'Donnell, to approve the Town Board Minutes of February 19, 2003 as written. All voting aye, the motion was carried. Councilman Pilato made a motion, seconded by Councilman O'Donnell, to receive and file the Planning Board Minutes of February 25, 2003. All voting aye, the motion was carried. Motion by Councilman Rocco 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 #142 - 166 $ 20,498.91 General Fund B B25 - B28 $ 9,705.30 Highway Fund DB D93 - D108 $ 19,384.82 Water Fund W58 - W68 $ 3,202.17 Sewer Fund S31 - S31 $ 552.36 APRIL 02, 2003 TOWN BOARD MEETING PAGE 2 Supervisor Thorpe offered privilege of the floor to Steve Cleason. Steve Cleason, a representative of APD Engineering in Rochester, New York, a consulting firm for Wal-Mart, apprised the Board he was present to offer information regarding the proposed Super Wal-Mart as well as to receive feedback from the Board. Representatives of Wal-Mart Corp. met with the Planning Board at the March 25ei, 2003 meeting to unofficially propose a site plan for the Super Wal-Mart. Mr. Cleason apprised the Board the site considered for the Super Wal-Mart was located on NYS Route 13, adjacent to K Mart, and presented a map of the proposed site. The proposal would be to build a Super Wal-Mart on the 33-acres of vacant land. One of the key components would be to rezone the site from industrial to business use. Since most of the Route 13 corridor is zoned commercial, he did not foresee a zone change as a problem. In addition, he stated Route 13 would be able to handle the additional traffic that would be in that area. Mr. Cleason stated Wal-Mart chose the 33-acre site because it was close to the existing Wal-Mart, and they already know the market. The huge success of the existing store was driving Wal-Mart to expand its services and goods to the community. Mr. Cleason stated Wal-Mart has intensely looked at the aquifer concerns. A 100- Eoot bumper was included in the plans to extend from the stream along the property line. Wal-Mart would work with both the Planning Board and Town Board to determine what should be done with regard to front bumpering, landscaping, and the appearance of the proposed building. Mr. Cleason stated he was aware another application was made for Wal-Mart in the past by a developer. However in this instance the Town would deal directly with Wal-Mart rather than a developer, as he works directly with Wal-Mart. Representatives of Wal-Mart would be available to answer the Board's questions at any time. Mr. Cleason briefly discussed how water quality could be dealt with to protect the aquifer, and mentioned ideas such as a retention basin, incorporating wetlands, infiltration, and draining structures. He stated Wal-Mart would work with the Town to make sure the aquifer was protected. Mr. Cleason was interested in getting feedback from the Board prior to the submission of an application. Councilman Rocco questioned what Wal-Mart would do with the five segregated parcels in regard to future development, and whether Wal-Mart would lease or sell the parcels. Mr. Cleason stated there was no intended use for the parcels. He stated restaurants may be located there or other similar uses looking for a smaller area. He stated Wal-Mart would purchase the entire 33-acre parcel, but was not sure what would happen with the extra parcels until the final plan was devised for Wal-Mart. He stated Wal-Mart may look for subdivisions on the extra acres. Councilman Rocco questioned how much of the land would be blacktop. Mr. Cleason stated the asphalt would cover almost fifty to sixty percent of the site. According to the map of the proposed site, James Trasher of Clough, Harbour & Associates stated there would be five parking spaces per thousand square feet, and the proposed building would be roughly 203,000 square -feel. Supervisor Thorpe asked Mr. Cleason if he realized that the proposed site is over one of the primary recharge areas for the aquifer. Mr. Cleason stated he was aware of that fact. He apprised the Board he worked on another project in Wilton, New York that was over a primary aquifer as well. He stated there are many ways to deal with water quality and addressing concerns for the aquifer. There was a brief discussion regarding what the Super Wal-Mart would entail. There would be general merchandise including hardware, a grocery store and a T.L.E. oil change facility. Mr. Cleason stated a traffic study had not been completed. Once one is complete it would be submitted to the New York State Department of Transportation. He stated the traffic pattern would not change too much from what it is like at the existing store. Attorney Folmer questioned if there were any plans for the existing Wal-Mart, such as whether or not it would be vacant. Mr. Cleason stated Wal-Mart was actively seeking a new tenant for the store. He was not in a position to tell the Board who had been interested. He stated Wal-Mart owns the facility and would like to see it re -occupied. Attorney Folmer stated the Planning Board and Town Board were not receptive to a company stating it was not going to share information. 1 1 1 I'45 APRIL 02, 2003 TOWN BOARD MEETING PAGE 3 Attorney Folmer questioned whether Mr. Cleason had any information from the state concerning their plans for the reconstruction of NYS Route 13. Mr. Cleason stated he had not been in contact with the state, since a traffic study had not yet been completed. One of the first things that would be done for the traffic report would be to contact the D.O.T. to discuss the project and intersections of concern. Mr. Cleason stated he would have all the concerns addressed by the D.O.T. as well as the mitigation required. An unidentified woman asked a question pertaining to water quality. Mr. Cleason stated the DEC developed guidelines for the way a parcel must be developed. Water quality must be addressed. The DEC looks to the Town to work with the applicant, but the applicant must also deal with the DEC. Water quality is directly related to how much an impervious area has. If Wal-Mart looked to increase the impervious area it must look to increase the water quality protection. An unidentified man questioned if there would be an access road off of Bennie Road to the proposed Super Wal-Mart, and what the traffic concerns were for that area. Mr. Cleason replied yes. The traffic concerns would be addressed after the traffic study was completed. An unidentified woman questioned what services would be provided by the Super Wal-Mart that are not currently provided to the community. Mr. Cleason stated an alternative choice would be provided along with a competitive market. He stated it allows the community to experience different projects. Mrs. Pat Shedd questioned whether Mr. Cleason knew what the distance was from the existing Wal-Mart and Price Chopper. Mr. Cleason stated the distance was approximately 1000 feet to 1500 feet apart. He stated many shopping facilities increase their sales when a Wal-Mart is brought to a community, as people can comparison shop. Mr. Renzi stated he would love to see a study regarding the growth of other businesses due to the presence of a Wal-Mart. An unidentified man stated the proposed site was a very important area with respect to the aquifer. He questioned whether Mr. Cleason had the general dimensions of the gray area on the map. Mr. Cleason stated he did not have the information on hand. He understood the major concern with the aquifer and was aware that the Board wanted it addressed, and assured everyone it would be. Conversation continued regarding the aquifer and a filtration system. An unidentified woman questioned Mr. Cleason how a Super Wal-Mart would be good for the community given that the proposed site would be taking over one of our popular green -lands, and is over the aquifer. She stated Wal-Mart was known as the one of the largest employers that employs people at low wages, which does not allow people to easily afford benefits. She questioned how money would be brought into the community and how the environment would be protected. Mr. Cleason stated Wal-Mart would generate money for the community through tax dollars. He stated the school district would benefit through the extra dollars at a time when the State of New York is cutting funds. Wal-Mart would pay property taxes at a much higher rate than is presently being paid on the vacant land, which benefits everyone in the community. He stated the community would benefit from the sales tax as well. Another benefit would be the employment of almost two hundred people. Supervisor Thorpe questioned how many of the two hundred people would be full- time employees. Mr. Cleason was not able to answer the question. Councilman Rocco questioned if the 33-acre parcel was the only site Wal-Mart was looking at. ® Mr. Cleason apprised the Board Wal-Mart looked at the existing site. However, the proposed 203,000-square-foot building would not fit on the existing site and maintain proper parking. There are not many alternative parcels within the market area that are presently zoned commercial. He stated the proposed site seemed to be one of the most viable sites in respect to what was zoned commercial in the area. Councilman Rocco stated there was already a serious traffic problem from the existing Wal-Mart down the NYS Route 13/NYS Route 281 corridor; a Super Wal-Mart, would create more traffic problems. Mr. Cleason stated Wal-Mart works with the D.O.T., and identify improvements that are not expensive to make, such as coordinating traffic light signals to keep traffic moving. APRIL 02, 2003 TOWN BOARD MEETING PAGE 4 An unidentified man questioned whether there would be an access road from the existing K-Marl to the proposed Wal-Mart. He also questioned whether the five extra parcels included in the 33-acres would be developed. If so, there would be a vast amount of blacktop from Bennie Road down Route 13. Mr. Cleason stated whether or not there would be an access road between the shopping plazas would be discussed with the Board. Many communities like to see cross - accesses while others do not. In regard to the blacktop, he stated the blacktop would be a positive aspect in respect to traffic. Attorney Folmer apprised Mr. Cleason if the parcels at the south end of the proposed site are developed, there would be additional parking. The amount of impervious space would be increased on the remaining five parcels so that there would be blacktop from the most southerly boundary of the parcel to the most northerly boundary of the parcel. Mr. Cleason stated Wal-Mart would have no problem addressing and working through concerns. Wal-Mart would like an opportunity to discuss aquifer protection, as well as address the issue of landscaping and bumpering. James Trasher, of Clough, Harbour & Associates spoke on behalf of the Board. He apprised Mr. Cleason if the Board went along with the zone change application, the project would have to go through the SEQRA process. Mr. Trasher explained it would be a Type I action due to acreage and the type of business intended for the parcel, which triggers the Long Form application. If the Board acted as lead agent it would be in charge of completing Part II of the Long Form application, which includes 'things such as traffic, water quality, quality of life, etc. An unidentified woman stated there was a case in Vermont where Wal-Mart was not allowed to construct new stores because there were too many vacant stores. She stated there are underdeveloped, vacant spaces in the city of Cortland that would not cause traffic congestion or present a threat to the aquifer. She questioned why Wal-Mart had not considered any sites in the city, such as Riverside Plaza. Mr. Cleason stated the closer Wal-Mart can stay to its market area the better. There is already "background traffic" in the area, which is due to the existing commercial area. If Wal-Mart strayed away from the site the market area could suffer and have a negative effect on the community as well as the existing businesses. He was not sure if Wal-Mart looked at any sites in the City of Cortland. He stated Wal-Mart looked at the existing site in Cortlandville and tried to stay as close to it as possible. The proposed site was for sale, was contiguous to the existing facility, and in the market area. He stated the character for the facility is already there. Councilman Rocco stated he was concerned with public safety and crime, and questioned whether a Super Wal-Mart would heighten crime. Mr. Cleason stated the incidents in a larger city such as Rochester are greater than they are in a smaller community such as Cortlandville. He stated there will always be incidents, such as someone writing bad checks, that do not affect the community as a whole. Attorney Folmer questioned what Mr. Cleason's status was with the Planning Board. Mr. Cleason said it would be between four and six weeks before the studies, reports and designs would be available. He stated he would be able to answer questions in more detail at that time. An unidentified man showed concern for the already existing grocery stores in the area. He questioned whether the existing Wal-Mart could be renovated and exclude the proposed grocery store. Mr. Cleason stated Super Wal-Mart s vary from community to community. He stated a grocery store has been included in the plans for the Cortlandville area according to the market area. He stated many people would welcome the grocery store and its competitive prices as most people comparison shop. Mr. Cleason stated there would be plenty of public hearings and meetings where people could submit their comments. Councilman O'Donnell made a motion, seconded by Councilman Rocco, to receive and file the 1' Quarter Water & Sewer Report. All voting aye, the motion was carried. Monthly reports for the Supervisor for the months of January, February and March 2003, and for the Town Clerk and Tax Collector for the month of March 2003 are on the table for review and filed in the Town Clerk's office. 0 1 is 11 APRIL 02, 2003 TOWN BOARD MEETING PAGE 5 )97 RESOLUTION #59 AUTHORIZE SUPERVISOR TO SIGN APPLICATION TO NEW YORK STATE FOR FUNDING UNDER THE FEDERAL SMALL CITIES COMMUNITY DEVELOPMENT PROGRAM FOR THE BLODGETT MILLS AREA. Motion by Councilman Rocco Seconded by Councilman Testa VOTES: ALL AYE ADOPTED WHEREAS, the Town Board of the Town of Corllandville requested from Thoma Development Consultants assistance in regards to the Blodgett Mills area for the rehabilitation of housing for that area, and WHEREAS, Public Hearings were duly held on January 8, 2003 and April 2, 2003 by this • Town Board, and n �J WHEREAS, the Town Board believes it would be in the best interest of the town to make application to the State for grant monies to assist the Blodgett Mills area, therefore BE IT RESOLVED, the Supervisor is hereby authorized and directed to file an application to New York State for funding under the federal Small Cities Community Development Program in an amount not to exceed $400,000, and it is further RESOLVED, the Supervisor is hereby authorized and directed to sign said application on behalf of the Town, and upon approval of said request to enter into and execute a project agreement with the State for such financial assistance to this Town. There was a brief discussion regarding the Community Development Block Grant for Country Inn & Suites. Councilman Pilato questioned why the Town did not have the contractual documents regarding the Community Development Block Grant prior to submitting the application for the grant to the state. He was concerned the Town would be responsible for repayment of the $388,000 grant if Country Inn & Suites did not maintain employment of twenty-six people. Councilman Pilato did not like the idea of making a commitment to the grant and then withdrawing the commitment. Bernie Thoma of Thoma Development apprised Councilman Pilato the only commitment made at tonight's meeting would be to submit the application to the state. After the application was submitted, reviewed and approved, the state would submit a grant agreement to the Town. Attorney Folmer stated by submitting the application the Town showed interest in the project. If the state sent a grant agreement which stated "if within three years of date of the construction employment falls below twenty-six, the Town of Cortlandville is responsible for repayment to the State of New York," would the Town be in a bad position if it declined the grant? Mr. Thoma stated it would not be likely for the state to set such contractual obligations. Attorney Folmer stated if the contractual documents were consistent with what was presented to the Town, the grant could be accepted. If the contractual documents stated something completely different, the Town could back out of the grant. RESOLUTION #60 AUTHORIZE SUPERVISOR TO FILE AN APPLICATION TO NEW YORK STATE GOVERNOR'S OFFICE FOR FUNDING FOR SMALL CITIES UNDER THE US DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT'S COMMUNITY DEVELOMENT BLOCK GRANT FOR ECONOMIC DEVELOPMENT Motion by Councilman Rocco Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED APRIL 02, 2003 TOWN BOARD MEETING PAGE 6 BE IT RESOLVED, that the Town of Cortlandville hereby authorizes and directs the Supervisor to file an application for funds from the NYS Governor's Office for Small Cities under the U.S. Department of Housing and Urban Development's Community Development Block Grant Small Cities Program for Economic Development Assistance, in an amount not to exceed $388,000, on behalf of the Town, and upon approval of said request to enter into and execute a project agreement with New York State for such financial assistance to this Town. Attorney Folmer reported: Commons Avenue Temporary Easement and Right -of -Way: Attorney Folmer apprised the Board when the Commons Development was started a temporary easement and right-of-way was granted for a turnaround at the end of the road. In the title documents and in the abstract of title, there was no event which triggered the termination of the temporary easement. The easement. states it is to be terminated when a suitable replacement is acquired. The roadway has been extended much further west than the first parcel on Commons Avenue. The Town no longer needs the temporary easement for the turnaround process at its current location. Attorney Folmer requested the Board extinguish the temporary easement and right-of-way on the property known as 1109 Commons Avenue. RESOLUTION #61 AUTHORIZE SUPERVISOR TO EXTINGUISH TEMPORARY EASEMENT AND RIGHT-OF-WAY ON PROPERTY (KNOWN AS 1109 COMMONS AVENUE Motion by Councilman Pilato Seconded by Councilman Testa VOTES: ALL AYE ADOPTED WHEREAS, by deed dated August 18, 1992 and recorded the same date in the Cortland County Clerk's Office in Liber 538 of Deeds at Page 110, the Town of Cortlandville acquired the easterly portion of Commons Avenue, and WHEREAS, in that deed, the Town was also granted " a temporary (until such time as an alternate acceptable to grantee is available) easement and right-of-way" over a 60 foot square area at the southeasterly corner of the subdivision lot identified as Lot 4 on the northerly side of Commons Avenue, which lot is now know as 1109 Commons Avenue, and WHEREAS, by deed dated January 24, 1997 and recorded in the Cortland County Clerk's Office at instrument number 1997-606, Town of Cortlandville acquired title to the westerly end of Commons Avenue, and WHEREAS, in that deed to the westerly end of Commons Avenue, the Town was also granted "a temporary easement over the remaining lands of the party of the first part adjoining the above described premises on the west, more particularly shown as the "temporary turnaround" on the survey map referred to" in that deed, and WHEREAS, by acquiring the westerly portion of Commons Avenue, with a turnaround at the westerly end of Commons Avenue, the Town no longer had any use of the original temporary turnaround on Lot 4, and the turnaround at the westerly end of Commons Avenue is "an alternate acceptable to" the Town, so that the easement for temporary turnaround on Lot 4 has been extinguished, now therefore BE IT RESOLVED, by the Town Board of the Town of Cortlandville that the "temporary easement and right-of-way" that it had acquired in the deed (538/110) to the easterly end of Commons Avenue, which easement encumbered property now know as 1109 Commons Avenue, has been extinguished. i] '0 1 i APRIL 02, 2003 TOWN BOARD MEETING PAGE 7 H9 Highland Road Sanitary Sewer Main Project: Attorney Folmer apprised the Board it would be necessary to give notice by mail to everyone in the district who would be affected by the project, meaning having to pay additional monies. He stated 867 postcard notices must be mailed, which is not as costly or extensive as initially anticipated. Attorney Folmer stated he would speak with Bond Council to discuss the contents of the notice. He would be in a position to advise the Board at the April W', 2003 meeting of how to give notice and conduct a public hearing. Proposed Transfer Station: Attorney Folmer apprised the Board he was contacted by Attorney Francis Casullo, who inquired as to whether the Board could hold a public hearing regarding the Leach Transfer Station at the April 16th, 2003 meeting. According to James Trasher of Clough, Harbour & Associates, due to SEQRA regulations the Board would not be able to hold a public hearing at that time. Attorney Folmer stated the Town must wait thirty days from the date notice was sent to involved agencies regarding the Town's intent to act as Lead Agency before any action can be taken. He stated notice to the involved agencies was given no earlier than the March 19', 2003 Board Meeting. The only involved agency who responded was the Cortland County Health Department. He stated he would inform Attorney Casullo of that fact. Attorney Folmer apprised the Board Attorney Casullo would be relinquishing representation of Mr. Leach in regard to the Transfer Station due to his appointment as Town Justice. Councilman Rocco made a motion, seconded by Councilman Testa, to receive and file correspondence from Christopher Bistocchi, Department of Public Works, regarding the Storm Water Management Report. All voting aye, the motion was carried. There was a brief discussion regarding the Amendment of Support and Concurrence with the Cortland County Empire Zone. Attorney Folmer questioned where the parcel to be deleted from the Empire Zone was located. Town Clerk Snyder apprised Attorney Folmer the parcel to be deleted from the Empire Zone is the old Contento Junkyard, now owned by the Cortland County IDA. The parcels to be added to the Empire Zone were F-Squared Engineering and Economy Paving, located on NYS Route 13. Councilman Rocco questioned whether the owners of the parcels were aware of the revision. Attorney Folmer assured Councilman Rocco the owners were aware of the changes. RESOLUTION#62 AUTHORIZE THE SUPPORT AND CONCURRENCE WITH THE CORTLAND COUNTY EMPIRE ZONE (FORMERLY ECONOMIC DEVELOPMENT ZONE) REVISION APPLICATION Motion by Councilman Rocco Seconded by Councilman Testa VOTES: ALL AYE ADOPTED WHEREAS, New York has created the Economic Development Zone program to encourage industrial and commercial development in selected municipalities across the State, and WHEREAS, Cortland County, as an eligible municipality, received designation of an Economic Development Zone made up of sub -zones including portions of the Town and Village of Homer, Town of Cortlandville, Town of Marathon, Town of Virgil, and City of Cortland, and WHEREAS, New York State has amended the Zones program to increase benefits and allow additional sub -zones, and I 550 APRIL 02, 2003 TOWN BOARD MEETING PAGE 8 WHEREAS, Cortland County intends to revise the County Economic Development Zone boundaries (now referred to as Empire Zones) to encourage industrial and commercial development and to allow for the creation of an additional sub -zone in the Town of Cortlandville and to allow for the one parcel to be deleted in the Town of Cortlandville, and WHEREAS, the Town of Cortlandville is committed to the development of new business within the proposed sub -zone, and WHEREAS, the Town of Cortlandville wishes to support and concur with the Empire Zone revision application, now therefore BE IT RESOLVED, that the Town of Cortlandville Board, in its capacity as governing body of the Town, does hereby support and concur with the Cortland County Empire Zone revision application. Councilman Rocco made a motion, seconded by Councilman Pilato, to receive and file correspondence from Susan W. Norte, Cortland County SPCA regarding spaying/neutering fee. All voting aye, the motion was carried. Councilman Pilato made a motion, seconded by Councilman Testa, to receive and file correspondence from Supervisor Thorpe regarding the Collateral Source Bill (5.622/A.3433). All voting aye, the motion was carried. Councilman Rocco made a motion, seconded by Councilman O'Donnell, to receive and file correspondence from Senator James Seward regarding the Collateral Source Bill (5.622/A.3433). All voting aye, the motion was carried. There was a brief discussion regarding the proposed First National Bank of Dryden. Councilman Rocco questioned where the proposed bank would be situated. Town Planning Board member Nick Renzi apprised Councilman Rocco the bank would more -or -less face the existing First Niagara Bank. Attorney Folmer questioned whether the Town had to go through the Lead Agency process under SEQRA. James Trasher of Clough, Harbour & Associates apprised Attorney Folmer the Town would not have to go through the Lead Agency process because it is a Type I action, and is not over the threshold. Attorney Folmer questioned whether the Board was in a position to set a public hearing. Mr. Trasher replied yes. Councilman Rocco made a motion, seconded by Councilman Pilato, to receive and file the Cortland County Planning Department Resolution 03-11, regarding the Aquifer Protection Permit application of First National Bank of Dryden/S.C.W.P., LLC. All voting aye, the motion was carried. RESOLUTION #63 SCHEDULE PUBLIC HEARING FOR AQUIFER PROTECTION PERMIT APPLICATION SUBMITTED BY FIRST NATIONAL BANK OF DRYDEN/S.C.W.P. LLC FOR AP IL 16, 2003 Motion by Councilman Rocco Seconded by Councilman Pilato VOTES: ALL AYE APPROVED BE IT RESOLVED, a Public Hearing shall be scheduled for April 16', 2003 at 5:00 p.m. for the Aquifer Protection Permit submitted by First National Bank of Dryden/S.C.W.P. LLC. for property located off of NYS Route 13, portion of tax map #95.00-06-12.111. APRIL 02, 2003 TOWN BOARD MEETING PAGE 9 Town Clerk Snyder reminded the Board a Town Board Meeting for Rerob, LLC. was also scheduled for April 16, 2003. Attorney Folmer apprised the Board they budgeted a contribution to the McGraw Lamont Memorial Free Library Capital Campaign in the amount of $25,000. He requested the Board make a partial payment on the pledge. RESOLUTION #64 AUTHORIZE SUPERVISOR TO MAKE PARTIAL PAYMENT TO THE LAMONT MEMORIAL FREE LIBRARY CAPITAL CAMPAIGN IN THE AMOUNT OF $12 500 AS BUDGETED FOR THE 2003 YEAR • Motion by Councilman Rocco Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Supervisor is hereby authorized and directed to make partial payment to The Lamont Memorial Free Library Capital Campaign for the budgeted amount of $12,500 to help fund the library renovation and expansion. Councilman Rocco made a motion, seconded by Councilman Testa, to recess the Regular Meeting to an Executive Session. All voting aye, the motion was carried. The meeting was recessed at 8:35 p.m. The following information was received from the Supervisor's office. Councilman Pilato made a motion, seconded by Councilman O'Donnell, to adjourn the Executive Session and reconvene to the Regular Meeting. All voting aye, the motion was carried. No action was taken. Councilman O'Donnell made a motion, seconded by Councilman Testa, to adjourn the Regular Meeting. All voting aye, the motion was carried. The meeting was adjourned at 9:30 p.m. 0 C' Respe tfull y submitted,, q'• aren Q. Snyder Town Clerk Town of Cortlandville