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HomeMy WebLinkAbout05-07-2003MAY 07, 2003 PUBLIC HEARING NO. 1 LOCAL LAW NO. 1 AMENDING TOWN ZONING ORDINANCE #95.00-06-12.111 A Public Hearing was held by the Town Board of the Town of Cortlandville at the Village of McGraw Community Building, 14 Clinton Street, McGraw, New York, regarding the enactment of a Local Law amending the Zoning Law of the Town of Cor-tlandville to reclassify a portion of parcel #95.00-06-12.111 from its present classification of Industrial to General Business. 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; Town Justice, Francis Casullo; Highway Sup't. Carl Bush, James Trasher of Clough, Harbour & Associates; Jill Giocondo of the Cortland Standard; Planning Board Member, Nick Renzi; Village of McGraw Mayor, John Fitch; Cortland County Legislator, Danny Ross; Attorney Richard VanDonsel of Riehlman, Shafer & Shafer; Attorney William Pomeroy, of Pomeroy, Armstrong, Baranello & Casullo; Ron Dennison of the First National Bank of Dryden; Village of McGraw Trustee, Joyce Rowe, Village of McGraw residents, Carl Kimberly, Charles Parks, Don Clark, and Dan Bilodeau. notice. Supervisor Thorpe called the Public Hearing to order. Town Clerk, Karen Q. Snyder, read aloud the published, posted and filed legal Supervisor Thorpe offered privilege of the floor to those in attendance. Attorney Richard VanDonsel, of Riehlman, Shafer & Shafer, apprised the Board of the history of the application. The landowner requested a subdivision, which was granted by the Planning Board at the April 29, 2003 meeting, and a Zone Change from Industrial to General Business. Attorney VanDonsel reminded the Board they previously reclassified lot 1 and 2 in the same area, which is the site where Advantage Auto was being constructed. He asked that lot 3R and 4R be reclassified to be consistent with the front lots. The proposed First National Bank of Dryden would be constructed on lot 4R, while lot 3R would be for sale. The bank already received approval of the Site Plan by the Planning Board. Councilman Rocco questioned whether the square footage of each lot was the same. Attorney VanDonsel approximated that lot 3R, a vacant lot, was 67,000 square feet; lot 4R, the site of the proposed bank, was 47,000 square feet; lot 1, the site of the once proposed and denied gas station, was over 100,000 square feet; and lot 2, the site of Advantage Auto, was 62,000 square feet. Attorney Folmer stated the last time the Town was approached with a zone change, the proposed use was not disclosed prior to the reclassification and the Town ended up with a proposed gas station. He asked Attorney VanDonsel for his comments. Attorney VanDonsel stated the Town has spoken loudly about. gas stations. Whether or not an applicant would want to go through such process again would be subject to commercial determination. He stated his client did not have any planned use for the vacant site. He requested a zone change for both parcels so that his client would not. have to go through the zone change process again. Attorney VanDonsel reminded the Board the classification of a zone change would have little or no impact of whether or not a gas station occupied the site. He stated the Board would still have the ability to review and make a determination of what type of business occupied the site. He stated he was not before the Board to "pull the wool over anyone s eyes. • 1 0 1 MAY 07, 2003 PUBLIC HEARING NO. 1 PAGE 2 i G7 Councilman Testa questioned whether it would be in writing that no gas station would occupy the site. Attorney Folmer stated no such restrictions could be placed on the site. Attorney VanDonsel stated the Board has the ability to make such decision in the Site Plan process. He stated they did not know what would happen twenty years from now such as technology, which could permit such a use. Attorney Folmer stated the Aquifer would not change in twenty years. Attorney Folmer questioned what the County Planning Board recommended and with what conditions. Attorney VanDonsel stated the County Planning Board recommended approval, subject to the Department of Transportation curb cut. He stated the application was in for the curb cut, which would be subject to conditions set by the D.D.T. Councilman Rocco stated he did not have a problem approving the zone change. He stated it would be an issue the Board would have to eventually face. Councilman Testa questioned what the hurry was f or the zone change. Attorney Folmer stated the requested zone change would permit the construction of First National Bank of Dryden. The other parcel has no proposed use at this time. Supervisor Thorpe stated the viability of the vacant parcel would be determined at the time another applicant approached the Board. He stated if the Board was worried about another gas station applicant they shouldn't be; the Board should already know how to handle such an applicant. Attorney Folmer apprised the Board if they chose to approve the zone change for one parcel and not the other, the Board may be subject to a claim of spot zoning in the future. Councilman Testa questioned why the Board should commit themselves to a zone change when the intended use of the parcel was not decided. Attorney VanDonsel stated he was requesting a zone change in order for the lots to be consistent, rather than only one lot left industrial while the others were zoned general business. Supervisor Thorpe questioned whether leaving one lot zoned industrial would destroy its use because not much could be put on the lot in regard to an industrial facility. Attorney VanDonsel agreed that the argument could be made. Councilman O'Donnell asked Planning Board Member, Nick Renzi for his opinion. Mr. Renzi stated the Planning Board did not have any objection to the request for a zone change. James Trasher of Clough, Harbour & Associates apprised the Board that before granting a zone change they should ensure it was consistent with what was adopted and set forth in the Land Use and Aquifer Protection Plan, adopted in 2002. Mr. Renzi stated the requested zone change was consistent with the Land Use & Aquifer Protection Plan. Attorney Folmer agreed. Councilman Pilato stated if the zone change were granted there would still be a long process before a business could occupy the lot. No further comments or discussions were heard. Councilman Pilato made a motion, seconded by Councilman O'Donnell, to close the Public Hearing. All voting aye, the motion was carried. The Public Hearing was closed at 7:15 p.m. 1 MAY 07, 2003 7:15 P.M. TOWN BOARD MEETING The Regular Meeting of the Town Board of the Town of Cortlandville was held at the Community Building in the Village of McGraw, 15 Clinton Street, McGraw, 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; Town Justice, Francis Casullo; Highway Sup't. Carl Bush; James Trasher of Clough, Harbour & Associates; Jill Giocondo of the Cortland Standard; Planning Board Member Nick Renzi; Village of McGraw Mayor, John Fitch; Cortland County Legislator, Danny Ross; Attorney Richard VanDonsel of Riehlman, Shafer & Shafer; Attorney William Pomeroy, of Pomeroy, Armstrong, Baranello & Casullo; Ron Dennison of the First National Bank of Dryden; Village of McGraw Trustee, Joyce Rowe; Village of McGraw residents, Carl Kimberly, Charles Parks, Don Clark, and Dan Bilodeau. Supervisor Thorpe called the meeting to order. RESOLUTION #81 AUTHORIZE PAYMENT OF VOUCHERS - MAY Motion by Councilman O'Donnell Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED BE IT RESOLVED, the vouchers submitted have been audited and shall be paid as follows: General Fund A Vouchers #193 - 216 $ 15,368.62 General Fund B B32 - B37 $ 6,764.32 Highway Fund DB D 126 - D 147 $ 16,320.51 Water Fund W81 - W99 $ 11,083.68 Sewer Fund S36 - S43 $ 18,032.31 Capital Projects H6 - H9 $ 6,952.38 Supervisor Thorpe offered privilege of the floor to those in attendance. Dan Bilodeau, Recreation Director for the McGraw Recreation Committee, thanked the Board for their continued support of the program. He gave the Board an update regarding the happenings in the Village of McGraw. Firstly, Mr. Bilodeau apprised the Board the McGraw pool would be closed for one season to make necessary repairs. The pool would be reopened next year. Secondly the problems with the discharge into Trout Brook would also be taken care of. Lastly, Mr. Bilodeau informed the Board the walking trail, which the Town contributed to, has been well - used and is open and available f or public use. Councilman O'Donnell informed Mr. Bilodeau it would be beneficial if the McGraw Recreation Committee provided the Town with a report of the number of children who use the McGraw Park during budgeting time. By submitting a report, the request for money would be supported through figures and would provide the Board with an idea of how the requested money would be spent. Mr. Bilodeau informed the Board he prepared a form for children to sign, which would help document how many people use their- facilities. 1 n 1 0 1 WE MAY 07, 2003 TOWN BOARD MEETING PAGE 2 Carl Kimberly, involved with the McGraw Lamont Memorial Library, thanked members of the Board for visiting the library prior to the start of the meeting. The Board helps the library with its budget, with operations of the library, and with the current program of revamping the library. Mr. Kimberly stated the library was about $4,000 away from meeting the targeted goal of $225,000, obtained through fundraising. The interior decorating in the front part of the library is complete. The much needed foundation work was completed during the winter, while work had just begun on the side porch. Phase I of the project was almost complete. Phase II, which should be completed by the end of 2003, includes the interior remodeling of the back part of the library. Three proposals regarding funding were received, meaning Phase II should be underway by the end of summer 2003. Phase III includes an addition, a local history room, and storage space for records. Phase III is planned for 2004. Mr. Kimberly apprised the Board about 57% of the people who use the library are from outside of the Village. Mr. Kimberly thanked the Board once again for their involvement with the Lamont Memorial Library. Charles Parks apprised the Board he has owned property on Ridge Road in the Town of Cortlandville for the past twenty-five years. Mr. Parks was in attendance to complain about Emory Knight's junkyard. Mr. Parks stated he was aware the Town had a moratorium against trailers, yet Mr. Knight continued to standout with his trailers on the side of the road. He stated the trailers are located across from his property, with people living in the trailers. Mr. Parks presented the Board with photographs of the property. Mr. Parks stated he was concerned with the aquifer, as well as with the atmosphere. He presented photographs of pictures showing old refrigerators and other large appliances that have freon and other harmful substances in them. Councilman O'Donnell interjected and requested Attorney Folmer apprise Mr. Parks as to what was happening with the Emory Knight junkyard situation. Attorney Folmer apprised the Board and Mr. Parks that retired Town Justice Kelsen scheduled a trial regarding the matter for May 07, 2003. However Attorney Hoffman, who represents Mr. Knight, requested an adjournment due to another trial obligation. Town Justice Casullo scheduled and held a pre-trial conference May 02, 2003. Mr. Knight, Attorney Hoffman, and Attorney Folmer were present. Apparently, when Contento's Junkyard closed (located off of Route I in Homer), Mr. Knight became the depository of items that used to be taken at Contento's. The Town would rather get Mr. Knight to comply with the zoning ordinance than punish him. Mr. Knight's operation is a non -conforming use. As a result of the pre-trial conference held May 02, 2003, Attorney Hoffman sent Attorney Folmer a letter confirming the conference, and apprised him that Mr. Knight engaged the services of a pressure company to crush and remove vehicles and white goods within the next sixty days. Attorney Folmer apprised the Board Mr. Knight would crush and remove between 600-800 junk cars and approximately 300 tons of white goods. The crushing company hired was Otsego Car Crushers. Attorney Folmer had not yet confirmed with Otsego Car Crushers as to whether or not Mr. Knight had been in contact and contracted their services. Attorney Folmer stated the matter was still pending before the Town of Cortlandville Town Court. The representations made by Mr. Knight and his attorney would be monitored. Otsego Car Crushers would also be contacted to ensure Mr. Knight. was providing accurate information. Mr. Parks suggested Attorney Folmer verify that Otsego Car Crushers had a license to collect freon. Attorney Folmer stated he knew firsthand that the company had such a license. Mr. Parks questioned what would happen with the trailers. Attorney Folmer stated the property would be restored to its non -conforming status. Mr. Knight cannot expand the use, which is what was done. The situation would be monitored to see what the crusher company would do. Councilman Rocco requested Attorney Folmer continue to keep the Board informed of the situation. Mr. Parks apprised the Board Mr. Knight's son was continuing the "tradition" of maintaining a junkyard down the road. Attorney Folmer stated he would not comment on that situation. Councilman O'Donnell stated Mr. Knight was an "outlaw" and the Town had "put up" with him for long enough. l -70 MAY 07, 2003 TOWN BOARD MEETING PAGE 3 Don Clark, a Director of Cortland County Agricultural Corp., who also has a Class C Water Operator License, discussed the Cortland County Fairgrounds with the Board. Mr. Clark apprised the Board the Fairgrounds, which is connected to the Town water line, was not using the water to a great extent resulting in the need for the hydrant. to be flushed. Mr. Clark requested written permission from the Town to be able to flush the hydrant himself rather than having the Town do it all the time. He stated he spoke with Highway Sup't. Carl Bush, Water & Sewer Sup't. Peter Alteri, and John Helgren of the Cortland County Health Department regarding the situation. He stated he was afraid if the hydrant was not flushed on a regular basis there would be effects, such as with the chlorine levels. Highway Sup't. Bush stated he did not want to act without talking with Water & Sewer Sup't.. Alteri, but thought he and Mr. Alteri could work something out. RESOLUTION #82 AUTHORIZE HIGHWAY SUP'T. AND WATER & SEWER SUP'T. TO REACH A DECISION REGARDING THE FLUSHING OF THE HYDRANT AT CORTLAND COUNTY FAIRGROUNDS Motion by Councilman Rocco Seconded by Councilman Pilato VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby authorize and direct Highway Sup't. Carl Bush, and Water & Sewer Sup't. Peter Alteri, to reach a decision regarding the flushing of the Town's hydrant located at the Cortland County Fairgrounds. Councilman Rocco apprised the Board he received a phone call from resident James VanDusen regarding the Highland Road sanitary sewer project, and questioned what the status of the project was. Supervisor Thorpe stated funding was not yet available for the project. He informed Councilman Rocco that Mr. VanDusen had also contacted the Town Engineer and Town Supervisor regarding the issue. Monthly reports for the Supervisor, Town Clerk, Tax Collector, and SPCA for the month of April 2003 are on the table for review and filed in the Town Clerk's office. There was discussion regarding the proposed Local Law No. 1 of 2003. Attorney Folmer apprised the Board they must complete a SEQRA for both the Zone Change application and Aquifer Protection Permit application submitted by S.C.W.P. LLC, and First National Bank of Dryden, for property located off of NYS Route 13. He requested the Board answer questions regarding the Zone Change and Aquifer Protection Permit simultaneously. Attorney Fohner and the Board reviewed the SEQRA for both the Zone Change application and the Aquifer Protection Permit application. RESOLUTION #83 DECLARE NEGATIVE IMPACT FOR ZONE CHANGE REQUEST AND AQUIFER. PROTECTION PERMIT #2 OF 2003 FOR S.C.W.P., LLC AND FIRST NATIONAL BANK i OF DR YDEN FOR PROPERTY LOCATED AT ROUTE 13 Motion by Councilman O'Donnell Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED WHEREAS, a Zone Change request and Aquifer Protection Permit application was submitted by S.C.W.P., LLC and First National Bank of Dryden for property located on the Westerly side of Route 13 Southerly of Lime Hollow Road, tax map #95.00-06-12.111, and.. MAY 07, 2003 TOWN BOARD MEETING PAGE 4 WHEREAS, the Town Board as Lead Agent duly reviewed and completed the Short Environmental Assessment Form, therefore BE IT RESOLVED, the Town Board as Lead Agent, does hereby declare the proposed Zone Change request and Aquifer Protection Permit application shall have no significant environmental impact. RESOLUTION#84 AUTHORIZE SUPERVISOR TO SIGN SEQRA APPLICATIONS FOR ZONE CHANGE REQUEST AND AQUIFER PROTECTION PERMIT #2 OF 2003 Motion by Councilman O'Donnell Seconded by Councilman Rocco ® VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Supervisor is hereby authorized and directed to sign the SEQRA applications relating to a Zone Change request and Aquifer Protection Permit #2 OF 2003, submitted by S.C.W.P., LLC, and the First National Bank of Dryden. RESOLUTION #85 ADOPT LOCAL LAW NO. 1 OF 2003 AMENDING THE ZONING LAW AND MAP OF THE TOWN OF CORTLANDVILLE FOR A ZONE CHANGE ON NYS ROUTE 13 SUBMITTED BY S.C.W.P., LLC. Motion by Councilman Rocco Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED WHEREAS, a resolution was duly adopted by the Town Board of the Town of Cortlandville for a public hearing to be held by said Board to hear all interested parties on a proposed Local Law entitled "Proposed Rezoning of Lands of S.C.W.P., LLC. (a portion of Tax Map #95.00-06-12.111)," and WHEREAS, notice of said public hearing was duly published in the Cortland Standard, the official newspaper of the said Town, and posted at Town Hall, 3577 Terrace Road, Cortland, New York, as required by law, and WHEREAS, said public hearing was duly held and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed Local Law, or any part thereof, and WHEREAS, pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Conservation Law, it has been determined by the said Town Board that adoption of said proposed Local Law would not have a significant effect upon the environment and could be processed by their applicable governmental agencies without further regard to SEAR, and WHEREAS, the Town Board of the Town of Cortlandville, after due deliberation, finds it in the best interest of the Town to adopt said Local Law, NOW THEREFORE, the Town Board of the Town of Cortlandville hereby adopts said Local Law as Local Law No. 1 - 2003, entitled "Rezoning of Lands of S.C.W.P., LLC.", a copy of which is attached hereto and made a part hereof, and the Town Clerk be and she hereby is directed to enter said Local Law in the minutes of this meeting and in the Local Law Book of the Town of Cortlandville, and to give due notice of the adoption of said local law to the Secretary of State. Be it enacted by the Town Board of the Town of Cortlandville as follows: Section 1. The Zoning Classification of a portion of Tax Map Parcel #95.00-06-12.1 It, lots 3R 1.55-acre and 4R 1.087-acre, is hereby changed from its present classification as Industrial to the new classification of Business. Section 2. This Local Law shall be effective when filed with the Secretary of State of the State of New York as required by law. -7 2. MAY 07, 2003 TOWN BOARD MEETING PAGE 5 RESOLUTION #86 APPROVE AQUIFER PROTECTION PERMIT #2 OF 2003 FOR S.C.W.P., LLC AND FIRST NATIONAL BANK OF DRYDEN FOR PROPERTY LOCATED AT NYS ROUTE 13 SUBJECT TO CONDITIONS Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE ADOPTED WHEREAS, the Cortland County Planning Department and the Town Planning Board have reviewed and recommended approval of this Aquifer Protection Permit application, and WHEREAS, a Public Hearing was duly held by thus Town Board, therefore ore , BE IT RESOLVED, the Town Board does hereby approve Aquifer Protection Permit #2 of 2003, submitted by S.C.W.P., LLC. and First National Bank of Dryden, for property located at Route 13 permitting the construction of a 3444 square foot frame and masonry bank branch on 1.55 acres of land, property owned by S.C.W.P., LLC, tax map # 95.00- 06-12.111 subject to the following conditions: 1. The applicant obtaining a NYS Department of Transportation (DOT) permit for the relocation of the driveway access. 2. Closure of the existing driveway entrance upon development of the relocated access. 3. The driveway exit to NYS Route 13 being restricted to right turns only (southbound) and that northbound traffic being directed to the Lime Hollow Road access to provide signalized access to NYS Route 13 for northbound traffic. 4. The site plan being adjusted to allow vehicles to back out of the parking spaces adjacent to the driveway/service road without backing directly onto the service road. 5. The proposed bank being connected to the Town water and sewer. 6. A negative declaration of environmental impact under SEAR, and it is further RESOLVED, the Supervisor is hereby authorized to sign the permit. Town Clerk, Karen Q. Snyder, apprised the Board the Town was in receipt of a complaint on the Tentative Special Franchise Assessments for the year 2003, from New York State Electric and Gas. This issue would be handled through the New York State Board of Real Property Services. RESOLUTION #87 ACKNOWLEDGE RECEIVING THE COMPLAINT ON TENTATIVE SPECIAL FRANCHISE ASSESSMENTS FOR THE YEAR 2003 Motion by Councilman Pilato Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby acknowledge, by receiving and filing, i the "Complaint on Tentative Special Franchise Assessments," regarding their current assessments from New York State Electric & Gas Corporation for property located in the State of New York, including the Town of Cortlandville. Attorney Folmer apprised the Board: Highland Road Sanitary Sewer Extension Project: Attorney Folmer apprised the Board since the Town is extending its current sewer rather than creating a new district it is entitled to use a procedure outlined in Section 220 of Town Law and in the General Finance Law. However, in order to do so appropriately, as 1_73 MAY 07, 2003 TOWN BOARD MEETING PAGE 6 indicated in the law, each person the project would affect must be properly notified. There are approximately 867 sewer users in the Town of Cortlandville, exclusive of the Village of McGraw. The Town must devise a method to give actual notice. The purpose of the notice would be to advise such people that a public hearing would be held with regard to the project as well as the bonding for it. Once the public hearing is held, the Board could adopt the program and proceed to bond. Attorney Folmer suggested the Town include notice in the upcoming newsletter. Newsletters have ordinarily been sent to one and two f amily homes and other residential - type places; it does not necessarily include every landowner. However, Town Clerk Snyder informed Attorney Fohner the Real Property Tax Office could supply the Town with mailing labels for every landowner in the Town of Cortlandville, outside the Village of McGraw. Attorney Folmer did not anticipate the sewer extension project to get underway S until2004. Councilman Rocco questioned whether the Board made any commitments as to when the project would commence. He also questioned what the progress was with the easements. Attorney Folmer stated the long-range plan was to complete the project in 2003 or 2004. Almost all of the signed easements have been filed with the County Clerk. Leach Transfer Station: Attorney Folmer reminded the Board a public hearing must be set regarding the Leach Transfer Station. The tentative date would be May 215, 2003 at 5:00 p.m. at Town Hall, 3577 Terrace Road, Cortland, New York. Rerob, LLC: Attorney Folmer apprised the Board item H-7 of the agenda was to receive and file a letter from Attorney Mike Shafer concerning the Rerob, LLC. FEIS comments submitted by Cortland County Soil and Water Conservation District and the Cortland County Health Department. In his letter dated April 17, 2003, Attorney Shafer indicated he would object to any inclusion in the record of such letters since they were submitted to the Town Clerk after the April 7, 2003 public comment period ended. Attorney Folmer stated when the Board adopted the final findings and denied the Aquifer Protection Permit, the Board indicated to Attorney Shafer they were in receipt of the letter and disagreed with the conclusion concerning the lateness of the communications since the agencies were involved. The Board also indicated to Attorney Shafer that their decision was not based on the written comments of the Cortland County Soil and Water Conservation District or the Cortland County Health Department. Attorney Folmer reported he had nothing in his possession from Attorney Shafer or Rerob. LLC. regarding the denial of the Aquifer Protection Permit. Starr Road Community Park Project: Attorney Fohner commented on HA of the evening's agenda, in which the Board would declare themselves Lead Agency for the Starr Road Community Park project. After naming themselves Lead Agency and notifying the two involved agencies of such declaration, being the City of Cortland and the County Highway Department, the Board would have to complete the SEQRA process. According to Ann Hotchkin of Thoma Development Consultants, the SEQRA process is required for the grant application. Councilman Rocco questioned whether a file was, or could be, started regarding the proposed Super Wal-Mart. Supervisor Thorpe informed him a file had already been started. Councilman O'Donnell took a moment to thank Village of McGraw Mayor John Fitch, Village of McGraw trustee, Joyce Rowe, County Legislator Danny Ross, Planning Board Member Nick Renzi, and newly appointed Town Justice Francis Casullo for attending the Town Board meeting. MAY 07, 2003 TOWN BOARD MEETING PAGE 7 RESOLUTION #88 AUTHORIZE CEO, BRUCE WEBER TO BE THE FAIR HOUSING OFFICER IN COMPLIANCE WITH THE FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANTS Motion by Councilman Rocco Seconded by Councilman O'Donnell, VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board sloes hereby authorize and direct CEO, Bruce Weber to be the fair housing officer in compliance with the Federal Community Development Block Grant. n U RESOLUTION #89 DECLARE TOWN BOARD LEAD AGENCY FOR THE STARR ROAD COMMUNITY PARK PROJECT Motion by Councilman O'Donnell Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED WHEREAS, the Town of Cortlandville is seeking funding from the New York State Office of Parks, Recreation and Historic Preservation (NYS OPRHP) to develop 25 acres of vacant land, located on adjacent parcels in the Town of Cortlandville and the City of Cortland, as ballfields for outdoor public recreation, and WHEREAS, the Town of Cortlandville has determined that the "Community Park Project" is an Unlisted Action as defined in the State Environmental Quality Review Act (6 NYCRR §617), and WHEREAS, said regulations requires that the Town undertake an environmental review of such a project prior to its implementation, and WHEREAS, the Town has determined that the City of Cortland, the Cortland County Highway Department, and the New York State Office of Parks, Recreation and Historic Preservation are also Involved Agencies, as defined in said regulations, and WHEREAS, the Town has determined that any potential impacts from this project .are primarily of local significance, therefore BE IT RESOLVED, that the Town has declared itself lead agency for the purpose of completing the environmental review required under SEQRA, and it is further RESOLVED, that the Town of Cortlandville will provide notification of this declaration to all other involved agencies, as defined herein, in order that it may undertake a coordinated review of the project. Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and file correspondence from Congressman Sherwood Boehlert regarding the Small Cities Community Development Block Grant program. All voting aye, the motion was carried. RESOLUTION #90 AUTHORIZE REDUCTION OF THE WATER & SEWER BENEFIT UNIT CHARGE FOR PROPERTY OWNED BY KEITH A. PACE AND ISSUE A REFUND Motion by Councilman O'Donnell Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED WHEREAS, a request was received from Keith A. Pace requesting a unit charge reduction and refund of his water and sewer benefit tax levied on his 2002 and 2003 Town & County tax bill for property located at 3629 Glenwood Avenue, and 1-15- MAY 07, 2003 TOWN BOARD MEETING PAGE 8 WHEREAS, Town Assessor, David Briggs, has reviewed said request and recommended a reduction and a refund of Mr. Pace's unit charge from 6 units to 1.2 units, and it is further RESOLVED, the Town Assessor, David Briggs, is hereby authorized and directed to reduce the water and sewer benefit tax charge to 1.2 units for parcel #96.09-01-69.000, owned by Keith A. Pace commencing with the 2004 Town & County tax bill, and it is further RESOLVED, a refund in the amount of $1986.42 shall be issued when the 2003 Town & County tax bill is paid, and it is further RESOLVED, the correspondence from Keith A. Pace shall be received and filed. Councilman Rocco made a motion, seconded by Councilman O'Donnell, to receive and file correspondence from Attorney Mike Shafer of Riehhman, Shafer & Shafer regarding the proposed Express Mart Convenience Store/Gas Station and FEIS comments submitted by the Cortland County Soil & Water Conservation District and the Cortland County Health Department Division of Environmental Health. All voting aye, the motion was carried. RESOLUTION #91 AWARD BID FOR TOWN HALL INSULATION IMPROVEMENTS PROJECT TO STANDARD INSULATING COMPANY INC. IN THE AA40UNT OF $40,410.00 Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE ADOPTED WHEREAS, bids were advertised for the Town Hall Insulation Improvements Project, and WHEREAS, sealed bids were opened on April 30, 2003 at 3:00 p.m. and provided to Town Engineer, Hayne Smith as follows: Standard Insulating Company Inc. $40,410.00 5666 Horatio Street Utica, New York 15502 BE IT RESOLVED, the bid as recommended by Town Engineer, Hayne Smith is hereby awarded to Standard Insulating Company Inc. of 5666 Horatio Street, Utica, New York in the amount of $40,410.00. RESOLUTION #92 AUTHORIZE THE CORTLAND CITY SCHOOL DISTRICT USE OF THE VOTING MACHINE AND MEETING ROOM TO CONDUCT THEIR ANNUAL SCHOOL BOARD ELECTION ON JUNE 03 200 Motion by Councilman O'Donnell is Seconded by Councilman Pilato VOTES: ALL AYE ADOPTED WHEREAS, the Town Board authorized the Cortland City School District use of the town voting machine and meeting room per Resolution #77 of 2003 to conduct their annual School Board Election May 20, 2003, and WHEREAS, due to state mandated legislation the annual school budget vote date was changed from May 20, 2003 to June 3, 2003, therefore 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 June 3, 2003. l (o MAY 07, 2003 TOWN BOARD MEETING PAGE 9 RESOLUTION #93 AUTHORIZE THE MCGRAW CENTRAL SCHOOL DISTRICT USE OF THE VOTING MACHINE TO CONDUCT THEIR ANNUAL BUDGET VOTE ON JUNE 03, 2003 Motion by Councilman O'Donnell Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED WHEREAS, the Town Board authorized the McGraw Central School District use of the town voting machine and meeting room per Resolution #72 of 2003 to conduct their annual School Board Election May 20, 2003, and WHEREAS, due to state mandated legislation the annual school budget vote date was changed from May 20, 2003 to June 3, 2003, therefore 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 June 3, 2003. Councilman Rocco made a motion, seconded by Councilman O'Donnell, to receive and file correspondence from Palma M. Ward regarding the proposed Super Wal-Mart. All voting aye, the motion was carried. Councilman Rocco made a motion, seconded by Councilman Testa, to receive and file correspondence from Shirley Knapp regarding the proposed Super Wal-Mart. All voting aye, the motion was carried. Councilman O'Donnell made a motion, seconded by Councilman Rocco, to receive and file correspondence from Homer C. Gutchess regarding property on Route 13 and Bennie Road. All voting aye, the motion was carried. RESOLUTION #94 REFER AQUIFER PROTECTION PERMIT APPLICATION OF CORTLAND PUMP & EQUIPMENT TO THE TOWN AND COUNTY PLANNING BOARDS FOR THEIR REVIEW AND RECOMMENDATIONS Motion by Councilman Rocco Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Aquifer Protection Permit application submitted by Cortland Pump & Equipment for property located at 842. Bennie Road, owner of record JPB, LLC, tax map #105.00-01-22.100, shall be forwarded to the Town and County Planning Boards for their review and recommendations. Town Planning Board member, Nick Renzi, apprised the Board the plans submitted by Cortland Pump & Equipment showed 8,000 gallons of diesel fuel in the ground. He was hoping the Planning Board would pick up on such factor. There was a brief discussion regarding the proposed Build Now NY Industrial Park, to be located off of NYS Route 13. Councilman Testa apprised the Board he received a phone call from Linda Hartsock regarding the proposed Industrial Park in which he was informed there would be approximately 20 engineering firms bidding for the job. He stated he recommended Clough, Harbour & Associates, but they would have to go through the application process as well. 1 • n 40 MAY 07, 2003 TOWN BOARD MEETING PAGE 10 Councilman Testa apprised the Board the list of people recommended to work on the Build Now NY project committee was too large and must be sized down. The Board must take a look at the list, cut it down, and resubmit it. Planning Board member Nicholas Renzi questioned what the purpose of the committee was. James Trasher of Clough, Harbour & Associates stated the purpose was to collaborate and determine what the Town would like to see built at the site. Mr. Renzi stated the Town and the members selected for the committee should have generated the requirements and decided what type of businesses would be welcomed to the community. Attorney Folmer reminded the Board a date for a public hearing regarding the proposed Transfer Station must be established. James Trasher of Clough, Harbour & Associates gave the Board members a packet of information regarding the proposed Transfer Station to review in preparation for the public hearing. RESOLUTION #95 SCHEDULE PUBLIC HEARING FOR AN AQUIFER PROTECTION PERMIT SUBMITTED BY GREGORY LEACH FOR MAY 71 2003 AT 5.00 P.M. Motion by Councilman O'Donnell Seconded by Councilman Rocco 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 submitted by Gregory Leach for property located on NYS Route 13, tax map #77.00-04-09.000. Attorney Folmer reported: Wellhead Protection Plan Ordinance: Attorney Folmer apprised the Board he had not yet received comments on the latest version of the Wellhead Protection Plan Ordinance from the interested parties he sent it to. Once the comments were received, they would be submitted to James Trasher for his review. After Mr. Trasher's review, the Wellhead Protection Plan would be submitted to the County Planning Board for final review. Design and Construction Standards of Proposed Local Law #2 of 2003: Attorney Folmer apprised the Board he had not yet received comments or a recommendation from the Town Planning Board regarding the design and construction standards. Once received, the Board would review the comments and make its final determination. • Councilman Testa made a motion, seconded by Councilman Pilato, to recess the Regular Meeting to an Executive Session. All voting aye, the motion was carried. The meeting was recessed at 8:10 p.m. The following information was received from the Supervisor's office. Councilman O'Donnell 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. 178 MAY 07, 2003 TOWN BOARD MEETING PACE 11 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 9:10 p.m. Respectfully submitted, Karen Q. Snyder Town Clerk Town of Cortlandville 0 1