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HomeMy WebLinkAbout04-16-200315?�_ 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. 1 1 1 153 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. 156 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. • 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. 159 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 1 is 1 • 1