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APRIL 16, 2003
5:00 P.M.
PUBLIC HEARING NO. 1
AQUIFER PROTECTION PERMIT
S.C.W.P., LLC AND FIRST NATIONAL BANK OF DRYDEN
NYS ROUTE 13
#95.00-06-12.111
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 an Aquifer Protection
Permit permitting the construction of a 3444 sq. foot frame and masonry branch bank on
1.55 acres of land, including drive up windows, ATM Machine and other standard banking
services on a parcel located on the Westerly side of NYS Route 13 Southerly of Lime
Hollow Road.
Members present:
Absent:
Supervisor, Raymond Thorpe
Councilman, Theodore Testa
Councilman, Edwin O'Donnell
Councilman, John Pilato
Town Clerk, Karen Q. Snyder
Councilman, Ronal Rocco
Others present were: Town Attorney, John Folmer; Highway Sup't. Carl Bush;
James Trasher of Clough, Harbour & Associates; Ida Pease of the Cortland Standard;
Planning Board Member Nick Renzi; Tim Buhl of Resource Associates; Attorney Bill
Pomeroy of Pomeroy, Armstrong, Baranello & Casullo; and Kay Breed.
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.
Tim Buhl of Resource Associates presented a map of the site to the Board. There
would be a relocated driveway located to the south of the building, drive -up bays in the
back of the building, and customer parking in the front. All of the storm -water would be
contained on site. Although most of the site was paved at the time, Mr. Buhl apprised the
Board more green space would be added. Overall, he stated there would be more
infiltration to the aquifer than what currently exists.
Mr. Buhl presented a drawing of the proposed building, which would be colonial
style, with brick veneer on all four sides.
Excluding the Aquifer Protection Permit, Councilman O'Donnell questioned Mr.
Buhl whether all the necessary permits were approved for the proposed bank.
Mr. Buhl stated they were waiting on a zone change and a subdivision approval.
Both the Town and County approved the site plan anti recommended the Town Board
approve the Aquifer Protection Permit.
No further comments or discussions were heard.
Councilman Pilato made a motion, seconded by Councilman Testa, to close the
Public Hearing. All voting aye, the motion was carried.
The Public Hearing was closed at 5:05 p.m.
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APRIL 16, 2003
5:05 P.M.
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, John Pilato
Town Clerk, Karen Q. Snyder
Absent: Councilman, Ronal Rocco
Others present were: Town Attorney, John Folmer; Highway Sup't. Carl Bush;
James Trasher of Clough, Harbour & Associates; Ida Pease of the Cortland Standard;
Planning Board Member -Nick Renzi; Tim Buhl of Resource Associates; Attorney Bill
Pomeroy of Pomeroy, Armstrong, Baranello & Casullo; and Kay Breed.
Supervisor Thorpe called the meeting to order.
Councilman Pilato made a motion, seconded by Councilman O'Donnell, to approve
the Town Board Minutes of March 05, 2003 as written. All voting aye, the motion was
carried.
RESOLUTION #65 AUTHORIZE PAYMENT OF VOUCHERS - A RIL
Motion by Councilman O'Donnell
Seconded by Councilman Pilato
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the vouchers submitted have been audited and shall be paid as
follows:
General Fund A
Vouchers #167 -
192
$
14,924.81
General Fund B
B29 -
B31
$
2,390.11
Highway Fund DB
D 109
- D 125
$
7,115.02
Water Fund
W69
- W80
$
6,531.85
Sewer Fund
S32
- S35
$
2,542.64
Capital Projects
H5 - H5
$
800.00
Supervisor Thorpe offered privilege of the floor to those in attendance.
No comments or discussion were heard.
RESOLUTION #66 ACCEPT ANNUAL TIME WARNER CABLE FRANCHISE
REPORT
Motion by Councilman Testa
Seconded by Councilman O'Donnell
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Annual Time Warner Cable Franchise Report for the year 2002 is
hereby accepted and shall be received and filed.
APRIL 16, 2003 TOWN BOARD MEETING PAGE 2
Motion by Councilman O'Donnell
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Annual Report of the Supervisor for the year 2002 is hereby
accepted and shall be received and filed.
Monthly reports for the Town Justice and SPCA for the month of March 2003 are
on the table for review and filed in the Town Clerk's office. •
There was a brief discussion regarding the Aquifer Protection Permit application of
S.C.W.P., LLC and First National Bank of Dryden.
Attorney Folmer apprised the Board they had not yet received a recommendation
from the Planning Board with regard to the request for a Zone Change for S.C.W.P., LLC
and First National Bank of Dryden. At the last Planning Board Meeting, held March 25,
2003, the matter was tabled. If the Planning Board met before the end of April, acted on
the request and forward a recommendation to the Board, Attorney Folmer stated he would
prepare a notice for a Public Hearing on the Zone Change to be conducted at the next
Town Board Meeting, May 7, 2003.
Attorney Folmer requested the Board defer any action with regard to the Aquifer
Protection Permit until the matter of the Zone Change was complete. He stated there was
no sense in granting an Aquifer Protection Permit if the Zone Change was not approved.
He stated both the Zone Change and Aquifer Protection Permit could be decided at the
May 7, 2003 meeting, after the Public Hearing regarding the Zone Change was held.
RESOLUTION #68 TABLE AQUIFER PROTECTION PERMIT APPLICATION
OF S.W.C.P., LLC AND FIRST NATIONAL BANK OF
DRYDEN UNTIL MAY 7 2003
Motion by Councilman Pilato
Seconded by Councilman O'Donnell
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby table the Aquifer Protection Permit
Application of S.C.W.P. LLC and First National Bank of Dryden until May 7, 2003.
RESOLUTION #69 SCHEDULE PUBLIC HEARING FOR ZONE CHANGE
REQUEST SUBMITTED BY S.C.W.P., LLC FOR MAY 7,
2003
Motion by Councilman Pilato
Seconded by Councilman O'Donnell
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, a Public Hearing shall be scheduled for May 7, 2003 at 7:00 p.m. for
the Zone Change request submitted by S.C.W.P., LLC, tax map #95.00-06-12.1 It located
on NYS Route 13.
Town Clerk Karen Q. Snyder requested the Board authorize approval for a Water
Benefit Tax refund for Edgar and Heidi Honour. The Board authorized removal of the
water benefit tax in 2002, yet it was not removed from the 2003 Town and County tax bill.
The Honour's paid their 2003 Town and County tax bill and are entitled to a refund of the
water benefit tax, as there is no water available to the property.
APRIL 16, 2003 TOWN BOARD MEETING PAGE 3 I 55
RESOLUTION #70 AUTHORIZE REMOVAL OF THE WATER BENEFIT
UNIT CHARGE FOR PROPERTY OWNED BY EDGAR
AND HEIDI HONOUR AND ISSUE A REFUND
Motion by Councilman Testa
Seconded by Councilman O'Donnell
VOTES: ALL AYE ADOPTED
WHEREAS, a request was received from Edgar and Heidi Honour requesting the removal
of the unit charge and refund of the water benefit tax levied on their 2003 Town and
County tax bill f or property located at 1582 Saunders Road, and
WHEREAS, Town Assessor, David Briggs, has reviewed said request and recommended
the removal and refund of Mr. and Mrs. Honour's water benefit charge, and
WHEREAS, the Town Board authorized the removal of the water benefit tax on Mr. and
Mrs. Honour's 2002 Town and County tax bill, per Resolution #37 of 2002, which
reverted back to the incorrect charge on the 2003 tax bill, and it is further
RESOLVED, the Town Assessor, David Briggs, is hereby authorized and directed to
remove the water benefit tax charge for parcel #96.00-01-14.120, owned by Edgar and
Heidi Honour commencing with the 2004 Town & County tax bill, and it is further
RESOLVED, a refund in the amount of $272.73 shall be issued when the 2003 Town &
County tax bill is paid.
Town Clerk Snyder apprised the Board she received the Decision, Order and
Judgment from Honorable Phillip R. Rumsey regarding the matter of Lee Ambrose v.
Town of Cortlandville Zoning Board of Appeals.
Councilman Pilato made a motion, seconded by Councilman Testa, to receive and
file the Decision, Order and Judgment from Honorable Phillip R. Rumsey of the Supreme
Court of the State of New York regarding Lee Ambrose v. Town of Cortlandville Town
Zoning Board of Appeals. All voting aye, the motion was carried.
Councilman O'Donnell apprised the Board he received a letter from Mayor John
Fitch of the Village of McGraw thanking the Board for inviting the Village of McGraw
Board of Trustees to the May 7, 2003 Board meeting, which would be held at the McGraw
Community Building. In his letter, Mayor Fitch stated no Village of McGraw Board
members requested privilege of the floor at the meeting.
Attorney Fohner reported:
Highland Road Sanitary Sewer Project:
Attorney Folmer apprised the Board, since the Town would be extending its sewer
facilities rather than creating a new district, there is a shortened method by which the Town
could appropriate funds or adopt a bonding resolution. According to Section 202(b) of
Town Law, it is not necessary to have the opinion or approval of the New York State
Comptroller. In order to satisfy that requirement, the Town could not rely on a newspaper
notice as to a public hearing with regard to the adoption of the bonding resolution when
you are going to establish a tax on people who live in the benefited area. The Town must
notify the residents personally by mail.
Attorney Folmer stated Water & Sewer Department Secretary, Lonna Maxson,
calculated that there are 867 town residents who are serviced by sewer. Bond Council in
New York would prepare a notice on a postage card that the Town could mail regarding
the public hearing. Once the public hearing is conducted the Board would adopt a bonding
resolution to borrow money to complete the Highland Road project.
Attorney Folmer stated he wanted to make sure the Board did not object to
proceeding in such a fashion.
There were no objections from the Board.
Attorney Folmer stated he would prepare the notice. He hoped the Board would be
able to set a date for the public hearing by the next Board meeting.
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APRIL 16, 2003
TOWN BOARD MEETING
PAGE 4
Article 78 Proceeding Regarding Dr. J. Lee Ambrose:
Attorney Folmer apprised the Board the Town of Cortlandville Zoning Board of
Appeals refused Dr. J. Lee Ambrose's variance request to construct a different roof at his
home on Davinci Drive. As a result, an Article 78 proceeding was commenced against the
Zoning Board of Appeals on the basis that the decision was arbitrary and capricious.
Judge Phillip Rumsey dismissed the petition f or the variance.
Rerob, LLC.:
Attorney Folmer apprised the Board the Final Environmental Impact Statement
(FEIS) in connection with Rerob, LLC. was filed with the Town on March 14, 2003. On
March 19`h, 2003 the Board adopted a resolution indicating the FEIS was complete. A
notice was published on March 22, 2003 stating the Board would meet April 16, 2003 and
would take action to prepare and issue findings relative to the application. However,
Clough, Harbour & Associates submitted a proposed set of findings and a proposed
resolution to Attorney Folmer on April 14, 2003 based upon the FEIS.
In review of the proposed findings and resolution, Attorney Folmer decided it was
neither proper nor appropriate to provide members of the Board with the new documents
at the commencement of the April 16, 2003 Board meeting, and expect the Board to duly
review and render a decision. The Board should have an opportunity to read and
comment on the proposed findings and proposed resolution.
Attorney Folmer handed out copies of the proposed findings and proposed
resolution to the members of the Board for their internal review and comment. He
cautioned the Board that the documents were confidential and not for public record. For
that reason, a copy was not submitted to the Town Clerk, as the documents were not yet a
matter of public record. Once the Board approves the findings and resolution, the
appropriate copies would be filed with the Town Clerk for public record.
Attorney Folmer requested the Board set a Special Meeting for Tuesday, April 22,
2003 at 4:00 p.m. The sole function of the meeting would be: (1) to work, revise, and
adopt findings with regard to the project; (2) to adopt a resolution which incorporates the
findings for purposed of SEQRA and for the record; (3) to approve or disapprove the
Aquifer Protection Permit.
Attorney Folmer stated he advised the attorneys for Rerob, LLC. and John Helgren
of the Cortland County Health Department of the schedule change and the reasons
therefore. Attorney Mike Shafer was not provided with a copy of the proposed findings
and resolution. Attorney Folmer requested the Board submit questions or concerns
regarding the proposed findings and proposed resolution prior to 5:00 on Monday, April
21, 2003 to either himself or James Trasher.
RESOLUTION #71 SCHEDULE SPECIAL MEETING FOR THE AQUIFER
PROTECTION PERMIT OF REROB, LLC. FOR AN
EXPRESS MART CONVENIENCE STORE/GAS STATION
FOR PROPERTY LOCATED AT THE INTERSECTION OF
NYS ROUTE 13 AND LIME HOLLOW ROAD
Motion by Councilman O'Donnell
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, a Special Meeting shall be scheduled for April 22, 2003 at 4:00 p.m. i
to: -(I) work, revise, and adopt findings with regard to the project; (2) to adopt a resolution
which incorporates the findings for purposed of SEQRA and for the record; and (3) to
approve or disapprove the Aquifer Protection Permit submitted by Rerob, LLC. for the
proposed Express Mart Gas Station/Convenience Store located at the intersection of NYS
Route 13 and Lune Hollow Road, tax map #95.00-06-12.120.
Supervisor Thorpe requested Town Justice, Mardis F. Kelsen stand up and
approach the Board.
Supervisor Thorpe presented Judge Kelsen with an engraved plaque and gavel in
honor of her dedicated service to the Town as Town Justice from January 1986 to April
2003, and as Chief Court Clerk from February 1979 to June 1985.
APRIL 16, 2003 TOWN BOARD MEETING PAGE 5
Attorney Folmer apprised the Board Judge Kelsen presided over more than 140,000
cases, performed 1250 marriages, collected approximately $750,000 in fines and
forfeitures each year, and earned approximately $190,000 a year in revenue for the Town.
Attorney Fohner stated Judge Kelsen is regarded by the legal community as one of
the most effective, efficient, and professional Town Justices. He stated the legal
community is sorry to see her retire.
Supervisor Thorpe reminded the Board Judge Kelsen's retirement would be
celebrated Thursday, May 22, 2003 at Tinelli's Hathaway House.
The Board applauded Judge Kelsen.
Councilman Pilato made a motion, seconded by Councilman O'Donnell, to receive
and file correspondence from Senator Joseph Bruno regarding the Collateral Source Bill.
® All voting aye, the motion was carried.
Councilman Testa made a motion, seconded by Councilman O'Donnell, to receive
and file correspondence from Sheldon Silver, Speaker, regarding the Collateral Source
Bill. All voting aye, the motion was carried.
RESOLUTION #72 AUTHORIZE THE MCGRAW CENTRAL SCHOOL
DISTRICT USE OF THE VOTING MACHINE TO
CONDUCT THEIR ANNUAL BUDGET VOTE ON
MAY 20 2003
Motion by Councilman O'Donnell
Seconded by Councilman Pilato
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize the McGraw Central School
District use of the town voting machine to conduct their annual budget vote on May 20,
2003.
Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive
and file correspondence from Jean Curtis regarding the proposed Transfer Station on NYS
Route 13. All voting aye, the motion was carried.
Attorney Folmer apprised the Board he had been in contact with counsel for Mr.
Leach in regard to the proposed Transfer Station. He requested the Board schedule a
public hearing regarding the matter at the May 21, 2003 Town Board meeting.
RESOLUTION #73 SCHEDULE PUBLIC HEARING FOR AQUIFER
PROTECTION PERMIT APPLICATION SUBMITTED BY
GREGORY LEACH FOR MAY 21 2003
Motion by Councilman O'Donnell
Seconded by Councilman Pilato
VOTES: ALL AYE ADOPTED
® BE IT RESOLVED, a Public Hearing shall be scheduled for May 21, 2003 at 5:00 p.m. for
the Aquifer Protection Permit application for a proposed Transfer Station submitted by
Gregory Leach, for property located on NYS Route 13, tax map #77.00-04-09.000
There was a brief discussion regarding the request of retiring Town Justice, Mardis
Kelsen, to remain covered under the Town Health Insurance policy.
Attorney Folmer apprised the Board there is a personnel policy, Section 903-A,
which covers provision of health insurance for retiring employees. There are certain
criteria that a retiring employee must meet, which Judge Kelsen does. He stated the Board
could approve the request according to Section 903-A of the Town's personnel policy.
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APRIL 16, 2003 TOWN BOARD MEETING PAGE 6
RESOLUTION #74 AUTHORIZE RETIRING TOWN JUSTICE MARDIS F.
KELSEN TO REMAIN COVERED UNDER THE TOWN'S
HEALTH INSURANCE POLICI
Motion by Councilman O'Donnell
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
WHEREAS, Section 903-A of the Town's personnel policy covers the provision of health
insurance for retiring employees, and
WHEREAS, Town Justice, Mardis F. Kelsen meets the requirements according to Section
903-A of the personnel policy, therefore •
BE IT RESOLVED, the Town Board does hereby authorize retiring Town Justice, Mardis
F. Kelsen to remain covered under the Town health insurance policy.
There was a brief discussion regarding the request made by Peter Shevchuk,
President of the Ukrainian Church, to forgive the Church of the sewer portion of the water
and sewer bill.
Supervisor Thorpe apprised the Board the Ukrainian Church located at 729 McLean
Road had a substantial water leak. None of the water actually went into the sewer.
Highway Sup't. Carl Bush questioned whether the Board should forgive the entire
sewer portion of the bill, as it was possible that the sewer was used.
Councilman Testa questioned what the entire water and sewer bill was.
Supervisor Thorpe stated the water bill was $1,153.15, while the sewer bill was
$2,457.35.
Councilman O'Donnell recommended the Board forgive the sewer portion of the
bill.
RESOLUTION #75 AUTHORIZE WATER & SEWER SUP'T. TO ADJUST
SEWER CHARGES FOR FIRST QUARTERLY BILLING
OF UKRAINIAN CHURCH LOCATED AT
729 MCLEAN ROAD
Motion by Councilman O'Donnell
Seconded by Councilman Pilato
VOTES: ALL AYE ADOPTED
WHEREAS, a request was received from Mr. Peter Shevchuk, President of the Ukrainian
Church, to have the sewer charge relieved due to a water leak, and
WHEREAS, due to the leak, water was not measured through the sewer lines, therefore
BE IT RESOLVED, the Water & Sewer Sup't. is hereby authorized and directed to adjust
the first quarter billing for sewer charges for 729 McLean Rd., Ukrainian Church, and
further
RESOLVED, that the letter from Mr. Peter Shevchuk, Ukrainian Church President, be
received and filed. •
Councilman Testa made a motion, seconded by Councilman O'Donnell, to receive
and file the resume of Kay Breed for consideration to the Cortland County Legislature to
fill the vacant position due to the untimely death of David Guido. All voting aye, the
motion was carried.
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APRIL 16, 2003 TOWN BOARD MEETING PAGE 7
RESOLUTION #76 APPOINT KAY BREED CORTLAND COUNTY
LEGISLATOR FOR CORTLANDVILLE LEGISLATIVE
DISTRICTS 13-3 AND 13-4
Motion by Councilman Testa
Seconded by Councilman Pilato
VOTES: ALL AYE ADOPTED
WHEREAS, due to the untimely death of Cortland County Legislator David E. Guido who
represented Cortlandville Legislative Districts 13-3 and 13-4, a vacancy has occurred, and
Whereas, the Cortlandville Republican Committee made a recommendation to the Town
Board for an appointment to fill the vacancy, therefore
® BE IT RESOLVED, the Town Board does hereby appoint Kay Breed of 3301 Gracie
Road, Cortland, New York as Cortland County Legislator, representing Cortlandville
Legislative Districts 13-3 and 13-4 effective April 16, 2003 to December 31, 2003 the
remainder of Cortland County Legislator, David E. Guido's term.
Councilman Pilato made a motion, seconded by Councilman O'Donnell, to receive
and file correspondence from Richard Crozier, Cortlandville Republican Committee Chair,
regarding the vacant position on the Cortland County Legislature and the recommendation
of Kay Breed. All voting aye, the motion was carried.
Kay Breed thanked the Town Board and the Republican Committee for her
appointment to the Cortland County Legislature. She stated she is very committed to the
Town, as she has been a resident for 34 years.
Councilman O'Donnell made a motion, seconded by Councilman Pilato, to receive
and file correspondence from Julie Widger of the Lamont Memorial Free Library,
regarding the Board's invitation to a personal tour of the library and update of the Capital
Project prior to the May 7, 2003 Town Board Meeting. All voting aye, the motion was
carried.
Attorney Folmer stated the Lamont Memorial Library has significantly changed
since the last year as a result of the fundraising campaign. He urged the Board to tour the
library at 6:00 p.m., prior to the May 7, 2003 Board Meeting.
Councilman O'Donnell made a motion, seconded by Councilman Pilato, to receive
and file correspondence from Patrick Reidy of the Cortland County Soil & Water
Conservation District, regarding the proposed Express Mart project. All voting aye, the
motion was carried.
RESOLUTION #77 AUTHORIZE THE CORTLAND CITY SCHOOL DISTRICT
USE OF THE VOTING MACHINE AND MEETING ROOM
TO CONDUCT THEIR ANNUAL SCHOOL BOARD
ELECTION ON MAY 20 2003
Motion by Councilman O'Donnell
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize the Cortland City School
District use of the town voting machine and the meeting room to conduct their annual
School Board Elections on May 20, 2003.
APRIL 16, 2003
TOWN BOARD MEETING
U.-Ta I
Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive
and file correspondence from Patrick Reidy, of the Cortland County Soil & Water
Conservation District, regarding the Wellhead Protection Plan. All voting aye, the motion
was carried.
Councilman O'Donnell questioned Attorney Fohmer what was happening in regard
to the Emory Knight junkyard violation.
Attorney Folmer apprised the Board no court date has been set at this time.
Councilman Pilato 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 5:40 p.m.
The following information was received from the Supervisor's office.
Councilman Pilato made a motion, seconded by Councilman Testa, 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 Pilato, to adjourn
the Regular Meeting. All voting aye, the motion was carried.
The meeting was adjourned at 5:45 p.m.
Respectfully submitted,
Karen Q. Snyder
Town Clerk
Town of Cortlandville
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