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HomeMy WebLinkAbout06-18-2003►qy JUNE 18, 2003 5:00 P.M. PUBLIC HEARING NO. 1 AQUIFER PROTECTION PERMIT S.C.W.P., LLC NYS ROUTE 13 #95.00-06-12.111 (Portion Of) A Public Hearing was held by the Town Board of the Town of Cortlandville at the Cortlandville Fire Department, 999 NYS Route 13, Cortland, New York, regarding an Aquifer Protection Permit permitting the construction and operation of a 3444 square foot branch bank building with drive up windows, ATM machine and other standard banking operations. 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; Attorney Don Armstrong; Attorney Rick VanDonsel; Chuck Feiszli of Resource Associates: Gregory and Barbara Leach of Leach's Custom Trash Service; Jill Giocondo of the Cortland Standard; Planning Board Member, Nick Renzi; Ron Dennison of First National Bank of Dryden; Cortlandville Fire Chief, Kevin Whitney; Manny Lann and Roseanne Coville of the Cortland Youth Bureau; Eric Mulvihill from WXHC; and employees of Leach's Custom Trash. Supervisor Thorpe called the Public Hearing to order. Town Clerk, Karen Q. Snyder, read aloud the published, posted and filed legal notice. Supervisor Thorpe offered privilege of the floor to those in attendance. Attorney Folmer apprised the Board a Public Hearing with regard to an Aquifer Protection Permit was held for the basic bank proposal. He requested the Public Hearing minutes of April 16, 2003 Public Hearing be included in tonight's Public Hearing for purposes of record clarity. Attorney Folmer stated there was a question as to whether or not a second rezoning action would be required in order to deal with the new configuration of parcels being used. Local Law No. 1 of 2003, in which the property was rezoned, was done by lot references to a tax map parcel. Attorney Folmer conferred with CEO, Bruce Weber prior to tonight's meeting and concluded that another rezoning action was not required for the project as it was already taken care of. Attorney Folmer reminded the Board that they adopted the SEQRA determination in response to the information provided at the April 16, 2003, Public Hearing. He requested the Board adopt the SEQRA determination and its Negative Declaration from the May 7, 2003 Town Board meeting as a portion of this documentation. The circumstances which have arisen and which caused the reconfiguration make no significant change in the usage reviewed. Attorney Rick VanDonsel, representing S.C.W.P., LLC., agreed with Attorney Folmer. No further comments or discussions were heard. Councilman O'Donnell 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. JUNE 18, 2003 PUBLIC HEARING NO. 1 1 1 The following excerpt is from the minutes of April 16, 2003, Public Hearing, held at 5:00 p.m. for the Aquifer Protection Permit submitted by S.C.W.P. and First National Bank of Dryden, as requested by Attorney Folmer. 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: F.111 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. notice. Supervisor Thorpe called the Public Hearing to order. Town Clerk, Karen Snyder, read aloud the published, posted and filed legal 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 and 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. JUNE 18, 2003 5:05 P.M. TOWN BOARD MEETING The Regular Meeting of the Town Board of the Town of Cortlandville was held at the Cortlandville Fire Department, 999 NYS Route 13, Cortland, New York, with Supervisor Thorpe presiding. 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; Attorney Don Armstrong; Attorney Rick VanDonsel: Chuck Feiszli of Resource Associates; Gregory and Barbara Leach of Leach's Custom Trash Service; Jill Giocondo of the Cortland Standard; Planning Board Member, Nick Renzi; Ron Dennison of First National Bank of Dryden; Cordandville Fire Chief, Kevin Whitney; Manny Lann and Roseanne Coville of the Cortland Youth Bureau; Eric Mulvihill from WXHC; and employees of Leach's Custom Trash. Supervisor Thorpe called the meeting to order. 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 #262 - 284 $ 9,653.44 General Fund B B50 - B52 $ 3,678.44 Highway Fund DB D203 - D219 $ 18,983.20 Water Fund W 120 - W 126 $ 6,090.03 Sewer Fund S56 - S59 $ 11,048.77 Capital Projects H24 - H34 $ 2,754.61 Supervisor Thorpe offered privilege of the floor to those in attendance. Manny Lann, from the Cortland Youth Bureau, spoke to the Board in regards to the summer recreation program. The Youth Bureau would hold its recreation program at Cortlandville Citizen's Park during the summer 2003. Participation in the youth program has decreased over the past few years. Mr. Lann questioned whether the Board had any suggestions to increase participation. Members of the Board suggested the Youth Bureau advertise its program by utilizing the Cortland Standard, the local Channel 2 community access station, by creating fliers, and having incentives for children to participate. Eric Mulvihill from WXHC informed Mr. Lann the radio station runs a community bulletin board six days a week, two tunes a day, which spotlights events such as the recreation program. Mr. Lann thanked the Board for the suggestions and for their support. 1 1 1 JUNE 18, 2003 TOWN BOARD MEETING PAGE 2 Planning Board member Nick Renzi apprised the Board that while Advance Auto Parts, located on NYS Route 13, was making application and site plan reviews, he pleaded with the architect to follow the design guidelines that had not yet been adopted. He informed the architect the Board would a,ppreciate it if the sign was kept within the 8-foot sign limit as set forth in the design guidelines. However, the sign installed at the Route 13 site is between 15 to 18-feet tall and is a "monstrosity". Mr. Renzi stressed the importance of adopting the design standards. RESOLUTION #111 ADOPT AQUIFER PROTECTION PERMIT #3 OF 2003 FOR S.C.W.P., AND FIRST NATIONAL BANK OF DRYDEN FOR PROPERTY LOCATED AT NYS ROUTE 13 Motion by Councilman O'Donnell Seconded by Councilman Pilato VOTES: ALL AYE ADOPTED WHEREAS, per Resolution #86 of 2003 one of the conditions placed upon the approval of Aquifer Protection Permit #2 of 2003 was approval from the NYS Department of Transportation (DOT) regarding a curb cut, and WHEREAS, the NYS DOT did not approve the proposed curb cut submitted by the applicant, First National Bank of Dryden, the NYS DOT did make recommendations, and WHEREAS, the recommendations would require the applicant, First National Bank of Dryden, to increase their lot size to include a portion of lot 3R, tax map #95.00-06-12.111 (portion of), therefore BE IT RESOLVED, Resolution #83 and #84 of 2003 are hereby readopted, and it is further RESOLVED, the Town Board does hereby approve Aquifer Protection Permit #3 of 2003, submitted by S.C.W.P., LLC. and First National Bank of Dryden, for property located at NYS Route 13, permitting the construction of a 3444 square foot frame and masonry bank branch, property owned by S.C.W.P., LLC., tax map #95.00-06-12.111 (portion of), subject to the conditions set forth in Resolution #86 of 2003. There was discussion regarding the Aquifer Protection Permit submitted by Gregory Leach for a proposed transfer station. Attorney Folmer apprised the Board he had indicated to Attorney Don Armstrong prior to tonight's meeting that there were serious questions regarding approval of the Aquifer Protection Permit for the proposed transfer station. Attorney Armstrong suggested the Board attach conditions to the Aquifer Protection Permit as the Town's ordinance allows. Attorney Fohner requested the Board table the Aquifer Protection Permit until the July 2, 2003 meeting to allow he and Attorney Armstrong to discuss possible conditions. A revised engineering report for the proposed transfer station was submitted to the Board. Chuck Feiszli of Resource Associates apprised the Board every change made to the engineering report was in bold and 'italicized font. He informed the Board that he met with James Trasher of Clough, Harbour & Associates to address issues that were unclear in the original engineering report and the environmental review. Mr. Feiszli reviewed the changes to the engineering report with the Board. Mr. Feiszli apprised the Board that the Planning Board approved the Conditional Permit and gave a favorable recommendation to the Town Board for approval of the Aquifer Protection Permit. The design of the building changed to comply with recommendations given by the Health Department, the Planning Board and Mr. Trasher of Clough, Harbour & Associates. According to Mr. Feiszh, odors would be contained inside the building. The doors to the building would be open between the hours of 1:00-4:00 p.m. when the trucks would be entering/exiting the building. The doors would be closed overnight. Trucks would complete the transfers inside to help contain any possible spills, leaks, or odors. JUNE 18, 2003 TOWN BOARD MEETING PAGE 3 Mr. Leach has a contract with his customers stating he cannot pick-up unacceptable wastes, which cannot be dumped at landfills. In the event unacceptable waste were loaded on to the truck, such as paint cans or cleaning solvents, they would be safely contained in separate barrels in the transfer station until it could be hauled away. Employees would be trained by the DEC to safely contain such wastes. Mr. Feiszli apprised the Board Mr. Leach applied to the DEC for a permit of 5,000 tons per year. If Mr. Leach wanted to exceed the limit he would have to reapply to the DEC for another permit. There was also concern regarding the increase of traffic to and from the facility. Mr. Feiszli apprised the Board there would actually be a decrease in the amount of traffic to and from the facility. The garbage trucks would leave in the morning and return in the afternoon. The major truck would leave every other day, while a liquid waste truck would enter the site once a month. There would be a decrease in 4-6 truck trips per day. In addition, there would be no public use of the facility. The monitoring well would be between the building and river based on a recommendation from the Cortland County Health Department. John Helgren of the Health Department offered to complete a list parameters for it, which would be tested at the site . once a year to monitor the well. In respect to the Aquifer Protection Permit, Mr. Feiszli stated the location of the proposed transfer station is on the opposite side of town than the municipal water supply. If there was a leak it would not affect the Town's water supply. However, the facility could affect individual homeowner wells in the area. Mr. Feiszli did not anticipate the facility affecting wells in the Village of McGraw. The Homer Fire Department made recommendations to Mr. Leach regarding the site in regard to safety issues, such as to install an intercom system in the transfer station to alert the fire department of any potential problems. Attorney Armstrong suggested the Board consider five specific factors when making their decision regarding the Aquifer Protection Permit application: (1) Consider who was making application. Mr. Leach has established a positive track record in the Town of Cortlandville and Town of Homer. (2) Consider the terms of the application. (3) Separate the request from other applications. The Aquifer Protection Permit application for a transfer station is unique from other applications submitted in the past. (4) The location. The proposed transfer station would not be located near the Town's water supply. The Leach's also live in Blodgett Mills, have their own wells downstream from the proposed site, and are also concerned about the aquifer. (5) The statutory requirements of the Aquifer Ordinance. Attorney Armstrong stated the Board's concerns were adequately met and appropriate changes were made to meet the requirements (ex: the holding tank was reduced from a 2,000 gallon tank to a 1,000 gallon tank). Attorney Armstrong suggested the Board approve the permit with conditions to ensure adequate protection and regulation of the proposed use, and to meet any concerns. He suggested specific conditions the Board may want to set. Supervisor Thorpe informed Attorney Armstrong it was the Board's decision as to whether or not conditions would be set, and what those conditions would be. RESOLUTION #112 TABLE AQUIFER PROTECTION PERMIT SUBMITTED BY GREGORY LEACH FOR PROPERTY LOCATED ON NYS ROUTE 13 UNTIL JUL Y 2, 2003 AT 7:00 P.M. Motion by Councilman Testa Seconded by Councilman Pilato VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby table the Aquifer Protection Permit application submitted by Gregory Leach for property located on NYS Route 13, tax map #77.00-04-09.000, until July 2, 2003 at 7:00 p.m. Councilman O'Donnell made a motion, seconded by Councilman Pilato, to receive and file correspondence from the Rusty Nail regarding their intent to renew their liquor license. All voting aye, the motion was carried. 010 JUNE 18, 2003 TOWN BOARD MEETING PAGE 4 Oki WOW W11I U1\ . J I FAIGINW Lt .. $ IL U0 Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, the 2003 Tax Collector's Summary is hereby accepted and shall be received and filed. The monthly report of the Supervisor for May 2003 is on the table for review and filed in the Town Clerk's office. Attorney Folmer reported: Rerob, LLC: Attorney Folmer apprised the Board he received a request from the attorneys representing Rerob, LLC. that Judge Rumsey recuse himself from the case. Judge Rumsey was Town Attorney at the time the Aquifer Protection Ordinance was adopted. Attorney Folmer received a copy of a letter from Judge Rumsey in which he asked to be disqualified from the case for such reasons. He stated he would be notified at a later date as to who the case would be reassigned to. Whether or not the return date of July 11, 2003 remained the same depended on the new justice hearing the case. Properties Identified as a Concern for Storage of Materials: Attorney Folmer apprised the Board he spoke with CEO Bruce Weber regarding properties of concern in the Town for the storage of materials. CEO Weber stated he would make an inspection of all such properties. In particular, Cortland Glass Company Inc., located on NYS Route 13, was of concern. One of the problems CEO Weber had was that the site plan for Cortland Glass Company Inc. was granted many years ago and he could not locate the paperwork. Therefore, he could not adequately address whether or not there were any violations of the site plan. Emory Knight Junkyard Violation: Attorney Folmer apprised the Board he had not yet paid a visit to Emory Knight's property to see whether any progress was made. He stated he spoke with Attorney Hoffman, counsel for Mr. Knight, who was going to remind his client there was a control date with Judge Casullo. RESOLUTION #114 RESCIND RESOLUTION #109 OF 2003 CONSENTING TO A SHIFT OF OPERATION INTO AN EMPIRE ZONE FOR ULTIMATE MUSIC CENTER FROM THE TOWN OF CORTLANDVILLE TO THE CITY OF CORTLAND AND SCHEDULE PUBLIC HEARING FOR JULY 29 2003 AT 7:00 P.M. Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby rescind Resolution #109 of 2003 authorizing the Town of Cortlandville's consent to a shift of operation into an Empire Zone for Ultimate Music Center from the Town of Cortlandville to the City of Cortland, Empire Zone, and it is further RESOLVED, a Public Hearing shall be scheduled for July 2, 2003 at 7:00 p.m. for the shift of operation for Ultimate Music Center from the Town of Cortlandville to the City of Cortland, Empire Zone. Zoo JUNE 18, 2003 TOWN BOARD MEETING PAGE 5 There was a brief discussion regarding the Town's consent to the relocation of Ultimate Music Center. Although the business had already relocated to the City of Cortland, Empire Zone, Attorney Folmer stated the Town would not suffer from the relocation due to the fact that the business rented the building at the NYS Route 13 location rather than owned it. Attorney Folmer stated in the future, the Town may want to consider whether or not to grant permission for the relocation of a business from the Town to an Empire Zone as it would decrease the Town's tax base. This has been utilized as a "bargaining chip" concerning the relocation of business facilities. Councilman O'Donnell made a motion, seconded by Councilman Pilato, to receive and file correspondence from the New York State Office of Parks, Recreation and Historic Preservation regarding the Starr Road Community Park project. All voting aye, the motion was carried. Councilman Pilato made a motion, seconded by Councilman O'Donnell, to receive and file correspondence from Lydia Ferro regarding the proposed Super Wal-Mart. All voting aye, the motion was carried. Councilman Pilato made a motion, seconded by Councilman O'Donnell, to receive and file correspondence from Arnold Talentino regarding the proposed Super Wal-Mart. All voting aye, the motion was carried. Councilman Pilato made a motion, seconded by Councilman O'Donnell, to receive and file correspondence from Linda R. Corcoran regarding the proposed Super Wal-Mart. All voting aye, the motion was carried. Councilman Pilato made a motion, seconded by Councilman O'Donnell, to receive and file correspondence from Donald Cook regarding the proposed Super Wal-Mart. All voting aye, the motion was carried. Councilman Pilato made a motion, seconded by Councilman O'Donnell, to receive and file correspondence from Ronald & Betty Powell regarding the proposed Super Wal- Mart. All voting aye, the motion was carried. Councilman Pilato made a motion, seconded by Councilman O'Donnell, to receive and file correspondence from Lorraine B. regarding the proposed Super Wal-Mart. All voting aye, the motion was carried. Councilman Pilato made a motion, seconded by Councilman O'Donnell, to receive and file form letters opposing the proposed Super Wal-Mart from Donna Yacavone, William Yacavone, James Ferro, Russell White, and V. Nellie Denion. All voting aye, the motion was carried. Attorney Folmer stated the letters received and filed regarding the proposed Super Wal-Mart falsely indicate that the Board was about to vote on it. He stated there are no applications pending before any agency of the Town regarding the proposed Wal-Mart. Attorney Folmer apprised the Board a meeting was held at the Christ Presbyterian Church, located on Tompkins Street, to discuss opposition of the proposed Wal-Mart project. Although the meeting was held there, the Church was not taking any position in regard to the proposed Wal-Mart. Zoi JUNE 18, 2003 TOWN BOARD MEETING PAGE 6 RESOLUTION #115 REFER ZONE CHANGE APPLICATION SUBMITTED BY TESTA/CALCO REAL ESTATE FOR PROPERTIES LOCATED ON NYS ROUTE 281 TO TOWN AND COUNTY PLANNING BOARDS FOR THEIR REVIEW AND RECOMMENDATIONS Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Zone Change application submitted by Testa/Calco Real Estate for the following properties shall be forwarded to the Town & County Planning Boards for their review and recommendations: - 3718 Route 281, O/R Peter & Nancy O'Connell, tax map #96.05-01-08.000 - 3726 Route 281, O/R Charles A. Masterpaul, tax map #96.05-01-07.000 - 3734 Route 281, O/R David, Stephen & John Musci, tax map #96.05-01-06.000 - 3744 Route 281, O/R Stephen C. Letts, tax map #96.05-01-05.000 - 3746 Route 281, O/R Nicholas & Barbara Pauldine, tax map #96.05-01-04.000 - 3750 Route 281, O/R Steven & Lynn Timmons, tax map #96.05-01-03.000 - 3794 Route 281, O/R David R. Berlew, tax map #86.17-01-13.000 There was a brief discussion regarding building permit fees for the construction of Cortland Sports Complex located at the Fairgrounds. Town Clerk Snyder apprised the Board permission could be granted to lower the permit fees if Cortland Sports Complex applied for the permits prior to the adoption of the new fee schedule. Cortland Sports Complex filed May 2001, and applied for an Aquifer Protection Permit in July 2001. The new fee schedule went into effect May 2002. RESOLUTION #116 AUTHORIZE CEO BRUCE WEBER TO ACCEPT PERMIT FEES ACCORDING TO THE DATE INDIVIDUAL APPLICATIONS WERE SUBMITTED BY CORTLAND SPORTS COMPLEX Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE ADOPTED WHEREAS, the proposed Cortland Sports Complex Inc., to be located on the Cortland County Fairgrounds property, made application for the necessary building permits prior to the adoption of the Town of Cortlandville fee schedule on May 1, 2002, and WHEREAS, the Cortland Sorts Complex Inc. requested the Town Board honor the fee schedule set during the time individual applications were made, therefore BE IT RESOLVED, the Town Board does hereby authorize and direct CEO Bruce Weber to accept permit fees according to the date individual permit applications were submitted, and it is further RESOLVED, the request made by Larry Hirschfield, President of the Cortland Sports Complex Inc. shall be received and filed. There was a brief discussion regarding the application for funds from the New York State Office of Parks, Recreation and Historic Preservation. James Trasher of Clough, Harbour & Associates voiced his concern regarding the application. He questioned whether Thoma Development was resubmitting the same application each time and if so, why. He also questioned why a representative of Thoma Development was not at the meeting to give a presentation of how they planned to obtain the grant. Town Clerk Snyder apprised the Board Thoma Development sent a memo and generic plan that was never adopted by the Board. Thoma Development requested the Town adopt the Community Development Plan. She was not sure whether or not adopting the plan would help with the approval of the application. 7-0 Z JUNE 18, 2003 TOWN BOARD MEETING PAGE 7 Councilman Pilato questioned how many times Thoma Development applied for the grant. Town Clerk Snyder apprised the Board the application at hand, due June 20, 2003, would be the third attempt. She reminded the Board they had just received and filed correspondence from the New York State Office of Parks, Recreation and Historic Preservation explaining the reason the Town was not considered in the last application. Planning Board member Nick Renzi suggested the Board ask Thoma Development what they were doing in the third application that would result in the Town obtaining the grant. Supervisor Thorpe asked the Board to grant the current application. He stated he would ask Bernie Thoma of Thoma Development what was being done differently regarding the third attempt for the grant. RESOLUTION #117 AUTHORIZE SUPERVISOR TO FILE AN APPLICATION FOR FUNDS FROM THE NEW YORK STATE OFFICE OF PARKS. RECREATION AND HISTORIC PRESERVATION Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, Raymond G. Thorpe, as Supervisor of the Town of Cortlandville, is hereby authorized and directed to file an application for funds from New York State Office of Parks, Recreation and Historic Preservation in accordance with the provisions of Title 9 of the Environmental Protection Act of 1993, in an amount not to exceed $175,000 in cash, in -kind services, and upon approval of said request to enter into and execute a project agreement with the State for such financial assistance to the Town of Cortlandville for the Community Parks Project and, if appropriate, a conservation easement/preservation covenant to the deed of the assisted property. Councilman Pilato questioned whether there was a fee for Thoma Development to file the application with New York State or for their grant writing services. Town Clerk Snyder stated she did not believe Thoma Development charged the Town a fee for grant writing services regarding Starr Road Park. Thoma Development did charge a fee for the Blodgett Mills Community Development Block Grant and would charge a fee for Country Inn & Suites. However, the Stair Road Park was a different program. RESOLUTION #118 ADOPT 2003 COMMUNITY DEVELOPMENT PLAN FOR THE TOWN OF CORTLANDVILLE IN RELATION TO THE COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATIONS Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, the 2003 Community Development Plan for the Town of Cortlandville is hereby adopted f or Community Development Block grant applications. RESOLUTION #119 ADOPT "SLUM AND BLIGHT" DEFINITION IN RELATION TO THE COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATIONS Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, the definition of "Slum and Blight" in relation to the Community Development Block grant applications is hereby adopted by the Town of Cortlandville. z.o3 JUNE 18, 2003 TOWN BOARD MEETING PAGE 8 Councilman O'Donnell made a motion, seconded by Councilman Pilato, to receive and file correspondence from Carl Kimberly, Lamont Memorial Free Library, regarding the library renovations. All voting aye, the motion was carried. There was discussion regarding Country Inn & Suites. Attorney Folmer apprised the Board they had to make a decision regarding the grant program for Country Inn & Suites, and whether or not the Town would proceed with the grant application. Owner, Martin Estruch, broke ground and began construction without any assurance from the Town of Cortlandville that they would be receiving the grant in the amount of $388,000.00. Under the terms of the agreement there is a provision that if the funds are misspent, misapplied, or misappropriated, or used for purposes that are not appropriate, the State could call upon the Town to repay the grant. If Country Inn & Suites satisfied the terms of the grant by hiring 19 permanent employees and 11 part-time employees, and then fired half of the employees two weeks later, the determination would have to be made whether the layoffs were due to normal business, or just to satisfy the provisions of the agreement. Attorney Fohner stated a contractual obligation between the Town and Thoma Development may be necessary since Thoma Development would be in charge of the administration of the grant. The contract should state that Thoma Development would hold the Town harmless for any administrative errors. However, he did not believe Thoma Development would agree to such terms. Supervisor Thorpe stated he was opposed to a developer coming to the Town and obtaining $375,000.00 of tax payers money so that he could complete his hotel and make a profit. He stated he may have felt differently in regards to the grant had the developer not broken ground. Councilman Testa was concerned that the owner began construction without the Town's approval and without the grant money in hand. Councilman O'Donnell questioned whether the Town could renegotiate the terms of the contract. Attorney Folmer stated there was no negotiating with the State of New York in regard to the application for the grant money. The Town could contract with Thoma Development regarding the administration of the grant. The Town could also contract with the developer- to repay to the Town any sums the Town has to repay the State. However, Attorney Folmer questioned where the developer would obtain the money to repay the Town since the developer had an agreement with his bank that he could not borrow any more money. Supervisor Thorpe did not sign the agreement for the Country Inn & Suites Community Development Block Grant. The Board agreed they needed additional time for discussion before authorizing the Supervisor to sign the acceptance of the grant for Country Inn & Suites. There was discussion regarding the intersection of NYS Route 13 and McLean Road/Starr Road. Councilman Testa voiced his concern regarding the heavy traffic on NYS Route 13 and the recent fatal accidents involving pedestrians. Although there is a crosswalk at the intersection, traffic does not stop for pedestrians. Traffic passing through the intersection from McLean Road/Starr Road onto NYS Route 13 have a green light while the crosswalk is lit. Vehicles are unaware of the pedestrians, which creates a dangerous situation. James Trasher of Clough, Harbour & Associates informed the Board the intersection does not meet the accident criteria. The New York State Department of Transportation makes changes to traffic based on the number of accidents and fatalities. Based on a three year period, an intersection must have five to seven accidents occur per year caused by the signal in order for a change to be warranted. No further comments or discussion were heard. Councilman O'Donnell 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 6:23 p.m. zoo} JUl`:E 18, 2003 TOWN BOARD MEETING PAGE 9 The following information was received from the Supervisor's office. Councilman Testa 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 6:30 p.m. Respectfully submitted, Karen Q. Snyder Town Clerk Town of Cortlandville 1