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HomeMy WebLinkAbout08-01-2001i8z- AUGUST 01, 2001 7:00 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, Ronal Rocco Councilman, John Pilato Town Clerk, Karen Q. Snyder Others present were: Town Attorney, John Folmer; Highway Sup't., Carl Bush; Chuck Feiszli of Resource Associates; City of Cortland Mayor, Bruce Tytler; City of Cortland Youth Bureau Director, John McNerney; Clough, Harbour & Associates representative, James Trashes; Rerob LLC. representatives, Attorney Michael Shafer, Mike Curry, Pat Hyde, David McNeil of McNeil Development Group; Steve Cinquanti owner of Cinquanti Real Estate; area residents, Nancy Hatch, Ron Walsh; and News Reporter, Chris Nolan. Supervisor Thorpe called the meeting to order. RESOLUTION #157 AUTHORIZE PAYMENT OF VOUCHERS -AUGUST Motion by Councilman Rocco Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED, the vouchers submitted have been audited and shall be paid as follows: General Fund A Vouchers #360 -377 $11,487.27 General Fund B 74 - 78 $ 5,598.16 Highway Fund DB 291 -308 $36,006.43 Water- Fund 169 -179 $ 3,899.87 Sewer Fund 103 -108 $ 1,571.74 Capital Projects 32 $ 16.25 Supervisor Thorpe offered privilege of the floor- to those in attendance. Steve Cinquanti owner of Cinquanti Real Estate apprised the Board of a Zone Change request submitted by William Ribble. The request pertains to property located at 1004 Route 13 owned by Robert Bean. He explained the Ribble's wish to operate a small insurance company at this property, which is currently, zoned R-3. Supervisor Thorpe stated this request will need to be referred to the Town Planning Board. The Town Board will discuss this request later in tonight's meeting. Monthly reports for the Supervisor for July 2001, are on the table for review and filed in the Town Clerk's office. RESOLUTION #158 ACKNOWLEDGE RECEIVING OF SMALL CLAIMS ASSESSMENT REVIEW PETITION Motion by Councilman Rocco Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, The Town Board does hereby acknowledge, by receiving and filing, the Small Claim Assessment Review petition received, regarding their current. assessment property values, from Teresa and Kevin Pristash tax map #96.10-01- 25.000. AUGUST 01, 2001 TOWN BOARD MEETING PAGE 2 RESOLUTION #159 ACKNOWLEDGE RECEIVING "NOTICE OF PETITION" FOR REVIEW OF ASSESSMENTS Motion by Councilman O'Donnell Seconded by Councilman Pilato VOTES: ALL AYE ADOPTED BE IT RESOLVED, The Town Board does hereby acknowledge, by receiving and filing, the "Notice of Petition", regarding their current assessments from the following: Pall Trinity Micro Corp. Tax Map #s: 95.12-01-07.000 95.00-05-12.000 95.00-05-13.000 Attorney Folmer reported: Attorney Folmer apprised the Board he would be out of town from August 10-27, 2001 and would not be attending the Board's next meeting. Page Green Road/Crestwood Court Water and Sewer Improvement Projects: Attorney Folmer stated Public Hearings need to be scheduled for the additional Bonding necessary for the Page Green Road/Crestwood Court Water and Sewer Improvement Projects. RESOLUTION #160 ADOPT THE ORDER "PAGE GREEN ROAD WATER IMPROVEMENT PROJECT - 2001 " PURSUANT TO TOWN LAW ARTICLE 12-C AND SET DATE FOR A PUBLIC HEARING ON AUGUST 15, 2001 Motion by Councilman Pilato Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED WHEREAS, the Town Board of the Town of Cortlandville (herein called "Town Board" and "Town," respectively), in the County of Cortland, New York, has caused the Town Engineer, a competent engineer, duly licensed by the State of New York, to prepare a general map, plan, and report for the proposed construction of improvements on and around Page Green Road in the Town, consisting of the installation of watermain, where necessary, including buildings, land or rights in land, original furnishings, equipment, machinery and apparatus required therefor and all ancillary work thereto (all of the foregoing being referred to herein as the "Water Improvement"), all within an area of the Town outside of any villages, which area has been determined to be the benefitted area (herein designated and referred to as the "Benefited Area"), pursuant to Article 12-C of the Town Law, and which map, plan and report has been heretofore duly filed in the office of the Town Clerk for public inspection; and WHEREAS, after a public hearing duly called and held on February 7, 2001, the Town Board of the Town determined by Resolution duly adopted on February 7, 2001, that it is in the public interest to construct the Water- Improvement at the estimated cost of $75,000, and WHEREAS, due to increased costs of materials and labor, the estimated cost of construction of the Water Improvement is now estimated to be $135,000, and it is necessary and desirable and in the best interest of said Town to increase the total appropriation therefor by $60,000, from $75,000 to $135,000, and WHEREAS, such Water Improvement will benefit the entire Benefitted Area, said area having been designated as the Benefitted Area pursuant to the Town Law; and WHEREAS, the Benefitted Area within the Town, situate wholly outside of any village or city, is more particularly bounded and described as follows: 189 AUGUST 01, 2001 TOWN BOARD MEETING Entire area of the Town outside of any villages. PAGE 3 WHEREAS, the maximum amount proposed to be expended for the construction of such Water Improvement is estimated to be $135,000, which is planned to be financed by the issuance of serial bonds of the Town and the levy and collection of special assessments from the several lots and parcels of land within the Benefitted Area which the Town Board shall determine to be especially Benefitted by said Water Improvement, so much upon and from each as shall be in just proportion to the amount of benefit which such Water Improvement shall confer upon the same, to pay the principal of and interest on said bonds as the same shall become due and payable; and WHEREAS, pursuant to the direction of the Town, the engineer has completed and filed with the Town Board modifications to the map, plan and report heretofore prepared for the construction of the Water Improvement; NOW, THEREFORE, BE IT ORDERED, that the Town Board of the Town, meet and hold a public hearing at the Town Hall on the 15th day of August, 2001 at 5:00 p.m. (Prevailing Time) to consider increase in cost for construction of such Water Improvement within the Benefitted Area, at which all persons interested in the subject thereof may be heard concerning the same, and for such other action on the part of the Town Board with relation thereto as may be required by law; and be it FURTHER ORDERED, that the Town Clerk publish at least once in the "Cortland Standard," a newspaper having a general circulation in the Town, and hereby designated as the official newspaper of the Town for such publication, and post conspicuously on the bulletin board in the office of the Town Clerk, a copy of this Order, certified by the Town Clerk, the first publication thereof and said posting to be not less than ten (10) nor more than twenty (20) days before the day set and designated herein for said public hearing as aforesaid. RESOLUTION #161 ADOPT THE ORDER "PAGE GREEN ROAD SEWER IMPROVEMENT PROJECT- 2001" PURSUANT TO ARTICLE 12-C OF THE TOWN LAW AND SET DATE FOR A PUBLIC HEARING ON AUGUST 15 2001 Motion by Councilman Pilato Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED WHEREAS, the Town Board of the Town of Cortlandville (herein called "Town Board" and "Town," respectively), in the County of Cortland, New York, has caused the Town Engineer, a competent engineer, duly licensed by the State of New York, to prepare a general map, plan and report for the proposed construction of improvements on and around Page Green Road in the Town, consisting of the installation of approximately 1,600 feet of 8-inch sewer main near the intersection of Page Green Road and Saunders Road, including buildings, land or rights in land, original furnishings, equipment, machinery and apparatus required therefor and all ancillary work thereto (all of the foregoing being referred to herein as the "Sewer Improvement"'), all within the an area of the Town outside of any villages, which area has been determined to be the benefitted area (herein designated and referred to as the "Benefited Area") pursuant to Article 12-C of the Town Law, and which map, plan and report has been heretofore duly filed in the office of the Town Clerk for public inspection; and WHEREAS, after a public hearing duly called and held on January 17, 2001, the Town Board of the Town determined by Resolution duly adopted on January 17, 2001, that it is in the public interest to construct the Sewer Improvement at the estimated cost of $150,000, and WHEREAS, due to increased costs of materials and labor, the estimated cost of construction of the Sewer Improvement is now estimated to be $195,000, and it is necessary and desirable and hi the best interest of said town to increase the total appropriation therefor by $45,000, from $150,000 to $195.000; and 1 1 AUGUST 01, 2001 TOWN BOARD MEETING PAGE 4 WHEREAS, the Sewer Improvement will benefit the entire Benefitted Area, said area having been designated as the Benefitted Area pursuant to the Town Law; and WHEREAS, the Benefitted Area within the Town, situated wholly outside of any village or city, is more particularly bounded and described as follows: Entire area of the Town outside of any villages. WHEREAS, the maximum amount proposed to be expended for the construction of such Sewer Improvement is estimated to be $195,000, which is planned to be financed by the issuance of serial bonds of the Town and the levy and collection of special assessments from the several lots and parcels of land within the Benefitted Area which the Town Board shall determine to be especially benefitted by said Sewer Improvement, so much upon and from each as shall be in just proportion to the amount of benefit which such Sewer Improvement shall confer upon the same, to pay the principal of and interest on said bonds as the same shall become clue and payable; and WHEREAS, pursuant to the direction of the Town, the engineer has completed and filed with the Town Board modifications to the map, plan and report heretofore prepared for the construction of the Sewer Improvement; NOW, THEREFORE, BE IT ORDERED, that the Town Board of the Town, meet and hold a public hearing at the Town Hall on the 15th day of August, 2001 at 5:00 p.m. (Prevailing Time) to consider the increase in cost for construction of such Sewer Improvement within the Benefitted Area, at which all persons interested in the subject thereof may be heard concerning the same, and for such other action on the part of the Town Board with relation thereto as may be required by law; and be it FURTHER ORDERED, that the Town Clerk publish at least once in the "Cortland Standard," a newspaper having a general circulation in the Town of Cortlandville, and hereby designated as the official newspaper of the Town for such publication, and post conspicuously on the bulletin board in the office of the Town Clerk, a copy of this Order, certified by the Town Clerk, the first publication thereof and said posting to be not less than ten (10) nor more than twenty (20) days before the day set and designated herein for said public hearing as aforesaid. RESOLUTION #162 ADOPT THE ORDER "CRESTWOOD COURT/GROTON AVENUE/NYS ROUTE 281 SEWER IMPROVEMENT PROJECT - 2001" PURSUANT TO TOWN LAW ARTICLE 12-C AND SET DATE FOR A PUBLIC HEARING ON AUGUST 15.2001 Motion by Councilman Pilato Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED WHEREAS, the Town Board of the Town of Cortlandville (herein called "Town Board" and "Town," respectively), in the County of Cortland, New York, has caused the Town Engineer, a competent engineer, duly licensed by the State of New York, to prepare a general map, plan and report for the proposed construction of improvements along Crestwood Court, Groton Avenue and New York State Route 281 in the Town, consisting of the construction of a new sewage flow metering station, installation of approximately 1,152 feet of 8-inch collector line along Crestwood Court, installation of approximately 1,142 feet of 8-inch sewer main along New York State Route 281, and the replacement of sewer laterals, including buildings, land or rights in land, original furnishings, equipment, machinery and apparatus required therefor, and all ancillary work thereto (all of the foregoing being referred to herein as the "Sewer Improvement"), all within the area of the Town outside of any villages, which area has been determined to be the benefitted area (herein designated and referred to as the "Benefited Area") pursuant to Article 12-C of the Town Law, and which map, plan and report has been heretofore duly filed in the office of the Town Clerk for public inspection; and 186 AUGUST 01, 2001 TOWN BOARD MEETING PAGE 5 WHEREAS, after a public hearing duly called and held on January 17, 2001, the Town Board of the Town determined by Resolution duly adopted on January 17, 2001, that it is in the public interest. to construct. the Sewer Improvement at the estimated cost of 216,000; and WHEREAS, due to increased costs of materials and labor, the estimated cost of construction of the Sewer Improvement is now estimated to be $262,000, and it is necessary and desirable and in the best interest of said Town to increase the total appropriation therefor by $46,000, from $216,000 to $262,000; and WHEREAS, such Sewer Improvement will benefit the entire Benefitted Area, said area having been designated at the Benefitted Area pursuant to the Town Law; and WHEREAS, the Benefitted Area within the Town, situate wholly outside of any village or city, is more particularly bounded and described as follows: Entire Area of the Town outside of Villages. WHEREAS, the maximum amount proposed to be expended for the construction of such Sewer Improvement is estimated to be $262,000, which is planned to be financed by the issuance of serial bonds of the Town and the levy and collection of special assessments from the several lots and parcels of land within the Benefitted Area which the Town Board shall determine to be especially benefitted by said Sewer Improvement, so much upon and from each as shall be in just proportion to the amount of benefit which such Sewer Improvement shall confer upon the same, to pay the principal of and interest on said bonds as the same shall become due and payable; WHEREAS, pursuant to the direction of the Town, the engineer has completed and filed with the Town Board modifications to the map, plan and report heretofore prepared for the construction of the Sewer Improvement; NOW, THEREFORE, BE IT ORDERED, that the Town Board of the Town, meet and hold a public hearing at the Town Hall on the 15th clay of August, 2001 at 5:00 p.m. (Prevailing Time) to consider increase in cost for construction of such Sewer Improvement. within the Benefitted area, at. which all persons interested in the subject thereof may be heard concerning the same, and for such other action on the part of the Town Board with relation thereto as may be required by law; and be it FURTHER ORDERED, that the Town Clerk publish at least once in the "Cortland Standard," a newspaper having a general circulation in the Town of Cortlandville, and hereby designated as the official newspaper of the Town for such publication, and post conspicuously on the bulletin board in the office of the Town Clerk, a copy of this Order, certified by the Town Clerk, the first publication thereof and said posting to be not less than ten (10) nor more than twenty (20) days before the clay designated herein for said public hearing as aforesaid. Attorney Folmer continued: Certiorari proceedings f or Pall Trinity: Attorney Folmer stated Pall Trinity has filed a second certiorari proceeding regarding their assessment for 2001-2002. Another was filed for the previous year. A conference with Judge Rumsey will be conducted to discuss both proceedings at the end of August or early September to establish a time date for submission of appraisals. Attorney Folmer requested an Executive Session f ollowing tonight's meeting to discuss items of litigated matters. Supervisor Thorpe opened a discussion regarding the Moratorium Local Law. Attorney Folmer stated the Moratorium Local Law concerning Route 281 and 13 corridor was adopted at the July 18, 2001 Town Board meeting. Town Clerk, Karen Snyder, forwarded that adoption to the State for filing. L 1 1 AUGUST 01, 2001 TOWN BOARD MEETING PAGE 6 187 1 1 1 She spoke with the Department of State today. The Moratorium Local Law became effective as of July 23, 2001. The ordinance provides that applications filed before August I" would not be effected by the moratorium. Six applications were filed in the last week and a half. Attorney Folmer explained once an Aquifer Permit and or Zone Change application is submitted along with the fees to CEO Bruce Weber the application has been filed. The six applications on tonight's agenda were delivered to CEO Weber prior to the close of business today. These applications are consistent with the Town Board's intent. They need to be acted on by referring them to the Town and County Planning Boards for their recommendations. Attorney Folmer reminded the Board that the moratorium is in place to conduct a study with regard to planning along the Route 281 and 13 corridor. The study may have an impact on future actions taken in regard to individual application. RESOLUTION #163 REFER ZONE CHANGE REQUESTS AND AQUIFER PROTECTION PERMIT APPLICATIONS OF THE FOLLOWING TO THE TOWN ANDCOUNTY PLANNING BOARDS FOR THEIR REVIEW AND RECOMMENDATIONS Motion by Councilman Rocco Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Zone Change requests and Aquifer Protection Permit applications of the following shall be forwarded to the Town and County Planning Boards for their review and recommendations as follows: Zone Change Requests: Submitted by Whelan & Curry Const. Services, Inc. J. Fergus, Inc. William M. Ribble Property Owner Donald Osbeck SCWP, LLC. Robert Bean Aquifer Protection Permit Applications: Submitted by Whelan & Curry Const. Services, Inc. J. Fergus, Inc. McNeil Development Cortland Sports Complex Inc. 66 N I Donald Osbeck SCWP, LLC. McNeil Development Cortland County Ag. Corp. 105.00-01-48.000 95.00-06-12.112 96.09-02-44.200 105.00-01-48.000 95.00-06-12.112 86.13-01-18.000 86.12-01-19.000 86.09-01-39.000 76.19-01-30.100 Councilman Testa apprised the Board that the Crestwood Court project begins tomorrow August 2, 2001. The contractor will be sending out mailings to the residents in the area. 186 AUGUST 01 2001 TOWN BOARD MEETING PAGE 7 RESOLUTION #164 RESOLUTION TO BE PAID DIRECTLY ALL OF TOWN'S SHARE OF COUNTY SALES TAX Motion by Councilman Rocco Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED RESOLVED, that the Town of Cortlandville pursuant to Tax Law Section 1262 elects to be paid directly all of its share of county sales taxes which would otherwise be applied to reduce the county taxes levied upon real property in the Town of Cortlandville, and be it further RESOLVED, that pursuant to Town Law Section 1262, this resolution shall be effective commencing with the calendar year 2002, and it is further RESOLVED, that the Cortlandville Town Clerk shall forward a certified copy of this Resolution to the Cortland County Treasurer and the Cortland County Director of Real Property Tax Services by registered or certified mail before September 01, 2001. RESOLUTION #165 APPROVE CONTRACT WITH CLOUGH, HARBOUR & ASSOCIATES LLP REGARDING THE NYS ROUTE 281 AND 13 TRANSPORTATION AND LAND USE PLAN Motion by Councilman Testa Seconded by Councilman Pilato VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby approve said contract with Clough, Harbour & Associates LLP regarding the NYS Route 281 and 13 Transportation and Land Use Plan. RESOLUTION #166 APPOINT COMMITTEE MEMBERS FOR THE DEVELOPMENT OF A TRANSPORTATION AND LAND USE PLAN FOR THE ROUTE 281 AND 13 CORRIDOR Motion by Councilman Testa Seconded by Councilman Pilato VOTES: ALL AYE ADOPTED BE IT RESOLVED, the following are hereby appointed as committee members to establish the development of a Transportation and Land Use Plan for the Route 281 and 13 corridor: Co -Chairmen: Members: Town Supervisor Raymond G. Thorpe Town Planning Board Chairman Katherine Wickwire Town CEO Bruce Weber Town Councilman Edwin O'Donnell Town Planning Board Member Nick Renzi Town Resident Seth Burgess Town Resident David Verostko Supervisor Thorpe offered privilege of the floor to John McNerney City of Cortland Youth Bureau Director. Mr. McNerney complimented the Board for foresight to purchase the land on Starr Road allowing for the creation of a desperately needed park for recreational purposes in our community. Mr. McNerney spoke of a Park Community Co -Operative Plan put together with the City of Cortland, Town of Cortlandville and the Cortland City School District. He explained that field space has been a problem dating back to the early 1990's. AUGUST 01, 2001 TOWN BOARD MEETING PAGE 8 James Trasher with Clough Harbour & Associates distributed handouts outlining the Youth Bureau's participation numbers for athletics and different programs operated. Mr. McNerney explained the Youth Bureau maintains 17 different leagues and 106 different teams throughout the year. There is a growing need for athletic fields with the largest need being youth soccer. The Youth Bureau was in contact with Councilman Testa to form a partnership and work together to meet the needs of the City of Cortland and the Town of Cortlandville. Upon recommendation of Clough Harbour & Associates, a park committee was formed with eleven members representing the city, town and Cortland City School district. The committee prioritized the need for multi -use and little league fields. Mr. McNerney stated that the Environmental Protection Agency has set aside 8 million -dollar's for outdoor recreation within New York State. Only municipalities can apply for this grant which has an August. 31, 2001 application deadline. Thoma Development is assisting with the grant application. Mr. McNerney asked James Trasher, project engineer with Clough Harbour & Associates to explain the site plans, ideas from the committee meetings and the possibility for a grant. Mr. Trasher stated his firm has worked up a concept plan taking into consideration the number of participants, the needs of the school and for all recreation. He presented layouts for both sites, one for the City of Cortland on Saunders Road and one for Town of Cortlandville on Starr Road. Allowing for two multi -use fields, four little league/softball fields, a picnic area and parking. Mr. Trasher distributed a preliminary cost estimate for Phase I of the project. He explained the estimated cost for the town's site is $1,000,000. and $800,000. for the city site. Phase I cost being $632,000, which would be construction of two little league fields and a multi -use field. The State grant would be for matching funds. To qualify for the grant the town is required to provide $ 158,000 for Phase I. Purchase price of the land and in -kind -services can be used toward the requitement. The total is not necessarily all cash. Mr. Trasher stated Bernie Thoma with Thoma Development could explain the grant funding process. Mr. Thoma has been delayed in attending tonight's meeting. If the town is not. awarded the grant it is not obligated to continue with (lie park plans. The town may reapply next year. Supervisor Thorpe suggested postponing action at this time until Mr. Thoma is available to answer- questions. Supervisor Thorpe offered privilege of the floor to Bruce Tytler. City of Cortland Mayor, Bruce Tytler, explained he would be requesting the City Council to participate. The Council is interested in the concept but would like more information regarding funding. Mayor Tytler stated the partnership is off to a great start. Councilman Testa referred to the park committee meeting with representatives from the city, town, Cortland High School and Clough Harbour & Associates. The meetings were productive with a considerable amount accomplished in a short period of time. Councilman Rocco complimented Councilman Testa on having the foresight to initiate the purchase of land on Starr Road for future parks. Supervisor Thorpe opened a discussion regarding the payphone installed in the foyer of the Town Court. Correspondence was received from Verizon stating an increase in the monthly fee. Judge Kelsen informed Supervisor Thorpe that the payphone is used only a couple of times a month. Supervisor Thorpe stated the number of times the phone is used does not justify the expense of approximately $700 a year. He attempted to contact Verizon to discuss the situation but was unsuccessful. Supervisor Thorpe recommended removal of the payphone. 190 AUGUST O1, 2001 TOWN BOARD MEETING PAGE 9 RESOLUTION #167 AUTHORIZE REMOVAL OF COIN OPERATED TELEPHONE IN VESTIBULE OF TOWN COURT Motion by Councilman Testa Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED WHEREAS, per Resolution #25 of 1998 a coin operated telephone was installed in the vestibule of the Town. Court, and WHEREAS, it has been determined the amount of use does not justify the increase in cost for said telephone, therefore BE IT RESOLVED, the Town Board does hereby authorize and direct Verizon to remove the coin operated telephone in the vestibule of the Town Court. RESOLUTION #168 ACCEPT RESIGNATION OF PAMELA J. MCLEAN KEYBOARD SPECIALIST EFFECTIVE AUGUST 13 2001 Motion by Councilman Testa Seconded by Councilman Pilato VOTES: ALL AYE ADOPTED BE IT RESOLVED, the notice of resignation of Pamela J. McLean Keyboard Specialist is hereby accepted to be effective August 13, 2001, and shall be received and filed. Supervisor Thorpe stated that. he will forward a letter to Mrs. McLean wishing her well. Councilman Rocco made a motion seconded by Councilman Pilato, to receive and file correspondence from Rielhman Shafer and Shafer regarding the proposed Expressed Mari-Rerob, LLC. All voting aye, the motion was carried. RESOLUTION #169 SCHEDULE PUBLIC HEARINGS FOR WILBEDONE, INC FOR AUGUST 15, 2001 AND SEPTEMBER 5, 2001 Motion by Councilman Rocco Seconded by Councilman Pilato VOTES: ALL AYE ADOPTED BE IT RESOLVED, Public Hearings shall be scheduled for August 15, 2001 at 5:00 p.m. and September 5, 2001 at 7:00 p.m. for Wilbedone Inc. regarding a Community Development Block Grant. REROB, LLC. SCOPING SESSION 7:30 P.M Attorney Folmer explained that, procedurally, a draft scope document was submitted on July 18, 2001 regarding Rerob LLC.'s proposed Express Mart project on Route 13 and Lime Hollow Road. Clough, Harbour & Associates responded with an outline of items they felt should be included in the Environmental Impact Statement. The purpose of tonight's meeting is for Attorney Shafer respond to Clough, Harbour & Associates' recommendations. Attorney Shafer, representing Rerob LLC., explained to the Board where in the revised proposed draft scope, Rerob, LLC had addressed various points Clough, Harbour & Associates had raised. One point of disagreement was the recommendation that the draft EIS not discuss the issue of closing the existing facility on McLean Road. Attorney Shafer stated looking at this, as SEQRA requires, the McLean Road facility should be included. 1 1 AUGUST 01, 2001 TOWN BOARD MEETING PAGE 10 1 1 Councilman Rocco inquired with the reconstruction of Route 281 by the State if the McLean Road facility would be removed. Attorney Shafer stated that was a possibility if the reconstruction occurred at all. Attorney Shafer continued stating that he has not received a letter from the NYS DOT regarding the transportation impact study. The NYS DOT previously indicated it does not have a concern with traffic flow from this project. Their issue is with further development occurring with other lots. Attorney Shafer agrees the traffic issue does need to be addressed in the EIS but not necessarily with a complete traffic impact study. Attorney Shafer stated these were the two significant issues of concern being addressed sufficiently in the revised draft EIS. James Trasher of Clough, Harbour & Associates, stated the town's next step as Lead Agency, is to state that this is the final scoping document. The Environmental Impact Study will be prepared from and all stipulations will be followed. Mr. Trasher requested to review Rerob LLC.'s EIS revised draft scope to ensure that every concern has been addressed. Clough, Harbour & Associates will return the final scoping document within the sixty days of the June 19t`, 2001 date. The original draft-scoping document was submitted following the completion of the Long Environmental Assessment form. Arrival of Bernie Thoma of Thoma Development at 7:40 p.m. Attorney Folmer recommended the issue of closing the present facility on McLean Road be included in the final EIS document. A list of factors included in the studies should include the impact of the present facility. The closure of this facility is not directly involved with the approval of the proposed project but if the overall environmental impact is considered one thing that will be accomplished is the removal of the present station. This is appropriately included in a long farm look at. SEQRA requirements. Attorney Shafer stated if this is not included in the EIS and Rerob LLC. is successful with their permit applications, the Board will have no authority to close the present station because it was not addressed in the environmental review. Mr. Trasher stated the final scoping document comes from the Lead Agency and will include the discussion of the existing station if requested. Attorney Folmer stated that it should. A discussion was held regarding the time frame for the submission of the final scoping document. Mr. Trasher stated he would expedite the process and submit it to the Board within seven days. Attorney Folmer will then forward it to Attorney Shafer by August 10, 2001. Supervisor Thorpe offered privilege of the floor to Bernie Thoma. Mr. Trasher apprised Mr. Thoma that he had briefly presented to the Board background information regarding the grant for the Starr Road Park project. Bernie Thoma of Thoma Development discussed Phase I of the proposed Starr Road Park project as having a budget of $632,000. Half of which could be funded from the State Environmental Protection Fund. The additional funding could be in kind services. Approximately $200,000. in cash will be needed. A commitment regarding the additional funding is needed to proceed with the grant by the August 31', 2001 deadline. 192- AUGUST 01 2001 TOWN BOARD MEETING PAGE 11 RESOLUTION #170 AUTHORIZE THOMA DEVELOPMENT CONSULTANTS TO PROCEED WITH THE NYS OFFICE OF PARKS, RECREATION AND HISTORIC PRESERVATION APPLICATION TO CONSTRUCT AN INTERMUNICIPAL PARK Motion by Councilman Pilato Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby authorize and direct Thoma Development. Consultants to proceed with THE NYS Office of Parks, Recreation and Historic. Preservation application for a grant to construct a park located on Starr Road in cooperation with the City of Cortland, Cortland City School District and the Town of Cortlandville. RESOLUTION #171 APPOINT COMMITTEE MEMBERS FOR THE STARR ROAD MUNICIPAL PARK PROJECT Motion by Councilman Pilato Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED, the following are hereby appointed as committee members to establish the development of a Stair Road Municipal Park Project: Town Councilman Theodore V. Testa Town Councilman John J. Pilato, Sr. Highway Superintendent Carl A. Bush, Jr. Town Resident Lee Scott Mack Councilman Testa apprised the Board of receiving a letter written by Lee Scott Mack of 1336 Stair Road regarding her concerns in respect to the proposed park on Starr Road. Councilman Pilato made a motion, seconded by Councilman Testa, to recess the Regular- Meeting to an Executive Session to discuss a personnel matter. All voting aye, the motion was carried. The meeting was recessed at 7:55 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. No action was taken. Councilman Pilato made a motion, seconded by Councilman O'Donnell, to adjourn the Regular Meeting. All voting aye, the motion was carried. The meeting was adjourned at 8:25 p.m. Respectfully submitted, Y.rn�. Snyder Town Clerk Town of Cortlandville 1 1