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.
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The Public Hearing was closed at 7:07 p.m.
APRIL 02, 2003
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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.
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APRIL 02, 2003
7:20 P.M.
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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.
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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.
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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
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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.
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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
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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.
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Respe tfull y submitted,,
q'•
aren Q. Snyder
Town Clerk
Town of Cortlandville