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HomeMy WebLinkAbout04-03-200240 ►s1W41148 x�zrTry� 7:00 P.M. PUBLIC HEARING NO. 1 LOCAL LAW NO. 1 - 2002 MORATORIUM 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 regarding the enactment of Local Law No. 1 - 2002 establishing a moratorium on development within certain areas of the Town of Cortlandville. The Local Law, if adopted, will expire on June 30, 2002. 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; Planning Board member, Nick Renzi, Suit-Kote, Paul Suits and Mike Guerin, - Clough Harbour & Associates, James Trasher and Walt Kalena; Attorney Mike Shafer; others in attendance Mike Chernago, Kevin Whitney, David Yaman; County Legislature, Danny Ross and wife Pamela; and News Reporter, Kelly Palmer. Supervisor Thorpe called the Public Hearing to order. The Town Clerk read aloud the Legal Notice, as published, posted and filed. Supervisor Thorpe stated the reason for the extension of the Moratorium was to permit the consultants to finalize Land Use - Aquifer Protection Plan to include the Well Head Protection Plan. Supervisor Thorpe offered privilege of the floor to those in attendance. No 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 7:05 p.m. 0 Ei, 3- `f 1 1 0 7 L APRIL 03, 2002 7:05 P.M. PUBLIC HEARING NO.2 AQUIFER PROTECTION PERMIT SUIT-KOTE CORPORATION TAX MAP #77.00-01-22.000, #77.00-01-44.100, #77.00-04-11.110 A Public Hearing was held by the Town Board of the Town of Cortlandville at the Town Hall, 3577 Terrace Road, Cortland, New Fork, concerning an Aquifer Protection Permit permitting the modification of existing facilities located at Loring Crossing in the Town of Cortlandville. 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; Planning Board member, Nick Renzi; Suit-Kote, Paul Suits and Mike Guerin; Clough Harbour & Associates, James Trasher and Walt Kalena; Attorney Mike Shafer; others in attendance Mike Chernago, Kevin Whitney, David Yaman; County Legislature, Danny Ross and wife Pamela, and News Reporter, Kelly Palmer. Supervisor Thorpe called the Public Hearing to order. The Town Clerk read aloud the Legal Notice, as published, posted and filed. Supervisor Thorpe offered privilege of the floor to those in attendance. Town Attorney Folmer stated it should be noted this application was approved in 1999 as part of a Zone Change and Aquifer Protection Permit application. Due to litigation on this application the courts decision of the zone change was declared improper. The granting of the Aquifer Protection Permit was also declared improper. The applicant is required to reapply for an Aquifer Protection Permit approval. No further comments or discussions were heard. Councilman Rocco 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 7:08 p.m. 3'l � APRIL 03, 2002 TOWN BOARD MEETING 7:08 P.M. 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; Planning Board member, Nick Renzi; Suit-Kote, Paul Suits and Mike Guerin; Clough Harbour & Associates, James Trasher and Walt Kalena; Attorney Mike Shafer; Good News Computing, Mark Travis; others in attendance Mike Chernago, Kevin Whitney, David Yaman; County Legislature, Danny Ross and wife Pamela; and News Reporter, Kelly Palmer. Prior to the scheduled Public Hearings Walt Kalena of Clough, Harbour & Associates handed out to the Town Board the filial draft of the Land Use - Aquifer Protection Plan. Mr. Kalena asked of the Board to review the final draft. The Well Head Protection Plan is not included in the draft, but is being drafted by Clough, Harbour & Associates and the Advisory Committee and will be completed shortly. Supervisor Thorpe called the meeting to order following two scheduled Public Hearings. Councilman Pilato made a motion, seconded by Councilman Rocco, to approve the Town Board Minutes of January 16, 2002, as written. All voting aye, the motion was carried. Councilman O'Donnell made a motion seconded by Councilman Rocco, to approve the Town Board Minutes of February 06, 2002, as written. All voting aye, the motion was carried. 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 General Fund B Highway Fund DB Water Fund Sewer Fund Capital Projects Community Block Grants 1 1 #161 -178 $19,963.71 25 - 31 $ 13, 346.27 93 - 106 $36,924.33 74 - 85 36 - 39 $ 16,616.81 $ 1,625.79 11 - 13 $ 8,345.60 1-2 $201,500.00 Supervisor Thorpe offered privilege of the floor to those in attendance. Councilman Rocco advised the Board of a meeting he scheduled with Mark Travis of Good News Computing and Stan Smith from Time Warner regarding the installation of Road Runner in the Town Hall along with several department heads. To have the service of Road Runner there would be a charge of $149.95 per month for approximately 16 computers to have Internet access. APRIL 03, 2002 TOWN BOARD MEETING PAGE 2 ID t4 3 Councilman Rocco continue by stating that not all departments at this time require Internet access. It was advised by Mark Travis and Stan Smith all lines be installed now to be used at a later date, as it would be cost effective to run all lines now then to "piece meal" later. Water & Sewer Sup't Peter Alteri suggested a line be installed within the meeting room for emergency access. A discussion occurred regarding the cost savings with telephone lines being used for current Internet access and the elimination of printers. Arrival of Mark Travis of Good New Computing. Mark Travis distributed to the Board his proposal and what would be needed for networking and connection to Road Runner. The proposal did not include the new Municipal Water & Sewer Garage, as it would require separate wiring. Mr. Travis discussed several options available. The proposal does include ® training as requested by Councilman Rocco. Good News Computing would deliver to the Town Hall, networking for 16 computers with one extra extension for the meeting room. Included in the proposal are provisions for antivirus, security, content filtering and usage logging. A discussion occurred regarding the fee for antivirus protection and ways to handle the issue. Also discussed if rules were necessary to be laid out f or employees. RESOLUTION #81 AUTHORIZE SUPERVISOR TO EXECUTE CONTRACT WITH GOOD NEWS COMPUTING FOR THE INSTALLATION OF ROAD RUNNER Motion by Councilman Rocco Seconded by Councilman Pilato VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Supervisor is hereby authorized and directed to execute the contract with Good News Computing for the installation of Road Runner to for an amount not to exceed $3995.00, and it is further RESOLVED, the Town Board would except the contract with the subscription fees for antivirus of $1750.00 and content filtering for $595.00 per year to Soniq Wall. RESOLUTION #82 AUTHORIZE SUPERVISOR TO EXECUTE CONTRACT INTERNET ACCESS TO ROAD RUNNER Motion by Councilman Rocco Seconded by Councilman Pilato VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Supervisor is hereby authorized and directed to execute the contract with Time Warner for Internet access to Road Runner for an amount not to ® exceed $149.95 per month plus a one time installation fee of $36.00. Monthly reports for the Supervisor, Town Clerk and Tax Collector for March 2002 are on the table for review and filed in the Town Clerk's office. RESOLUTIONr, REPORT HISTORIAN FOR THE -)TAR 2001 Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Annual Report of the Town Historian of the Town for the year 2001 is hereby accepted and shall be received and filed. 3 APRIL 03, 2002 TOWN BOARD MEETING PAGE 3 RESOLUTION #84 ACCEPT ANNUAL REPORT OF LAMONT MEMORIAL FREE LIBRARY FOR THE YEAR 2001 Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Annual Report of the Lamont Memorial Free Library for the year 2001 is hereby accepted and shall be received and filed. Attorney Folmer briefed the Board on the purpose of Local Law No. 1 of 2002. It is to extend the Moratorium in order for the Land Use - Aquifer Protection Plan can be completed to include the Well Head Protection. The extension would also allow the scheduling of Public Hearings and final adoption. • RESOLUTION #85 ADOPT LOCAL LAW NO. 1 OF 2002 MORATORIUM ON DEVELOPMENT ALONG ROUTES 281 AND 13 CORRIDOR Motion by Councilman Rocco Seconded by Councilman Testa 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 "Moratorium on Development Along Routes 281 and 13 Corridor", 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, the Town Board of the Town of Cortlandville, finds that pending the completion of the study and enactment of a comprehensive plan of development and corresponding amendments to the relevant codes of said Town, it is necessary for the good, safety and welfare of the community to continue the moratorium on the issuance of building permits and the granting of variances and special use permits in residential districts which was adopted by previous enactment of local law. The purpose of that law was to halt. the issuance of building permits and Board of Appeals approvals in certain areas of the Town designated as "The Study Area" pending the study and enactment of amendments to the Town Development Plan. It is the finding of the Board that without such interim prohibitions, any proposed amendments to the Town Development Plan may be ineffectual if building permits, variances or special use permits are issued pending study and adoption of such amendments. Since the enactment of said previous Local Law, a subcommittee of this Board has been reviewing zoning proposals. That committee has recently reported on some proposed zoning changes, but is still considering others. As the study is not completed, the Board finds that an extension of the moratorium is warranted, therefore Be it enacted by the Town Board of the Town of Cortlandville as follows: APRIL 03, 2002 TOWN BOARD MEETING PAGE 4 31 5 Section 1. Purpose. In order to review and update, if necessary and advisable, its development plan, the Town Board of the Town of Cortlandville has determined to identify and study undeveloped and/or partially developed lands located within the sole source Aquifer area of the Town affected by New York State Routes 281 commencing at the Northerly Town Line at or near Exit 12 of US Interstate Highway 81 and continuing southerly to the Southerly Town Line located on NYS Route 13, (the "Study Area") in order to identify and address, among other things; the' present and future development needs of these areas, with respect to the appropriateness of the existing zoning district classifications including, but not limited to, considerations of effect of development on the aquifer itself, traffic congestion, existing surrounding development, visual and other environmental impacts, and the Town's present and future needs far "developnlent'throughoitt the Study Area. Therefore, the Town Board of the Town of Cortlandville finds it prudent and necessary to enact a moratorium applicable to the Study Area, as designated hereinbelow, on the approval of land use applications, including but not limited to commercial, business, residential site plans, residential subdivision maps and land divisions for lands located within the Study Area. This moratorium is intended to insure that no approvals for such land use applications, as aforesaid, be granted until this Board may complete its planning studies in respect of said Study Area and has an opportunity to consider and/or enact comprehensive zoning changes, as appropriate, for the lands located within the Study Area. Section 2. Definitions. For purposes of this Local Law, the following definitions shall apply: COMPLETE APPLICATIONS - A complete application shall conform to and comply with all applicable requirements of the relevant provisions of the Code of the Town of Cortlandville, the Planning Board Regulations contained in the Code of the Town of Cortlandville and all other applicable State and local laws, rules and regulations. STUDY AREA - The Study Area which is the subject of this moratorium shall include all lands within the Primary and Principal areas of the Aquifer Protection Districts of the Town of Cortlandville affected by New York State Routes 281 and 13 within an area bounded as follows: North — The intersection of NYS Route 281 and the southerly line of the Town and Village of Homer. South — The intersection of NYS Route 13 and the northerly line of the Town of Virgil. East — A line running North and South from the intersection of Locust Avenue and Lighthouse Hill running south to Pendleton Street. West — The Primary and Principal areas of the Aquifer Protection District situated Westerly of NYS Routes 281 and 13. Section 3. Prohibitions. No land use applications for site plan approval, special permits or other land use approvals, subdivision maps or plats, and/or for land divisions shall be accepted and/or granted approval by the Planning Board, the Zoning Board or the Town Board with respect to or f or parcels of land located within the Study Area. S � K0 APRIL 03, 2002 TOWN BOARD MEETING PAGE 5 Section 4. Exceptions. The prohibitions on the land use applications and approvals contained in this Local Law shall not apply with respect to non-residential site plans, non-residential land divisions, special permits and/or other land use applications for existing non - residentially zoned lands and/or for land use applications for subdivision maps, land divisions, residential site plans and other residential land use applications which are filed, accepted and pending as of August 1, 2001 and/or for completed land use applications f or sub -division maps, land divisions, residential site plans and other land use applications which are filed, accepted and pending as of the effective. date of this local law, _ nor shall its provisions apply to uses relating ,to, .the seasonal sale of agricultural products nor shall it affect construction which does not increase the area utilized on August 1, 2001, and where the intent is to replace existing structures, subject to review by the appropriate Boards. and Agencies. Also excepted from the provisions hereof are single family residences where only an area variance is required.. . Section 5. Term. This Local Law shall expire June 30, 2002. Section 6. Severability. If any word, clause, sentence, paragraph, subdivision or part of this local law shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder hereof, but shall be limited in its application to the word, clause, sentence, paragraph, subdivision or part hereof directly involved in the controversy in which such judgment shall have been rendered. Section 7. Effective Date. This Local Law shall become effective when filed with the Secretary of State as required by law. Attorney Folmer and the Board reviewed Suit-Kote's Long: Environmental Assessment form. RESOLUTION #86 DECLARE NEGATIVE IMPACT FOR AQUIFER PROTECTION PERMIT #1 OF 2002 SUIT-KOTE CORPORATION FOR PROPERTY LOCATED ON LORING CROSSING Motion by Councilman Testa Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED WHEREAS, an Aquifer Protection Permit application was submitted by Suit-Kote Corporation, properly located on Loring Crossing permitting the modification of existing facilities, tax map #s77.00-01-22.000, #77.00-01-44.100, #77.00-04-11.110, and WHEREAS, the Town Board as Lead Agent, duly reviewed and completed the Long Environmental Assessment Form, therefore BE IT RESOLVED, the Town Board, as Lead Agent, does hereby declare the proposed project of Suit-Kote Corporation, Aquifer Protection Permit #1 of 2002, shall have no significant environmental impact. 1 H i 1 APRIL 03, 2002 TOWN BOARD MEETING PAGE 6 31 i RESOLUTION #87 AUTHORIZE SUPERVISOR TO SIGN SEQRA APPLICATION OF AQUIFER PROTECTION PERMIT #1 OF 2002 Motion by Councilman Pilato Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Supervisor is hereby authorized and directed to sign the SEQRA application relating to Aquifer Protection Permit #1 of 2002, submitted by Suit-Kote Corporation. RESOLUTION #88 APPROVE AQUIFER PROTECTION PERMIT #1 OF 2002 SUIT-KOTE CORPORATION FOR PROPERTY LOCATED ON LORING CROSSING Motion by Councilman Testa Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED WHEREAS, due to a court decision in 2001, overturning the rezoning of said parcels from business to industrial invalidated the previously. -granted. Aquifer Protection Permit, and WHEREAS, the Cortland County Planning Department and the Town Planning Board have revisited, reviewed and recommended approval of this Aquifer Permit Protection application subject to conditions, and WHEREAS, a Public Hearing was duly held by this Town Board, therefore BE IT RESOLVED, the Town Board does hereby approve Aquifer Protection Permit #1 of 2002, submitted by Suit-Kote Corporation for property located on Loring Crossing permitting the modification of existing facilities, tax map #s77.00- 01-22.000, #77.00-01-44.100 and #77.00-04-11.110 subject to the following conditions: 1). The facilities compliance with all conditions as required by its Air, State Pollution Discharge Eliminating System (SPDES), and Major Oil Storage Facility permits with the New York State Department of Environmental Conservation. 2). A negative declaration of environmental impact under SEQRA. Town Clerk Snyder apprised the Board that the SPCA will be holding a Spay/Neutering Clinic for cats on April 21, 2002 at Cornell University. The fee will be $15.00 per cat. Councilman Rocco added the access road for the SPCA is moving along well. Town Clerk Snyder also briefed the Board on the updating of town fees. With the assistance of James Trasher of Clough Harbour & Assoc., Planning Board Member, Nick Renzi and Town CEO Bruce Weber a fee schedule was presented to the Board for their review and future adoption. Councilman Pilato made a motion, seconded by Councilman Rocco, to receive and file correspondence from Attorney Robert M Shafer. All voting aye, the motion was carried. The correspondence was in regards to the reconsideration of J. Fergus, Inc. application of Zone Change request. Attorney Folmer suggested to the Board that they reconsider their adopted resolution denying the J. Fergus, Inc. Zone Change on Route 13. q U APRIL 03, 2002 TOWN BOARD MEETING PAGE 7 RESOLUTION #89 RECONSIDER RESOLUTION #71 OF 2002 "DENIAL OF A ZONE CHANGE REQUEST SUBMITTED BY J. FERGUS, INC. FOR PROPERTY LOCATED ON ROUTE 13" Motion by Councilman Rocco Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, Resolution #71 of 2002 "Deny Request of a Zone Change for property located on Route 13 submitted by J. Fergus, Inc." is hereby reconsidered. r Attorney Folmer stated to the Board his reasoning for the reconsideration of • the Zone Change request. There may been a misconception on the part of the Town Board. The Board may have made a decision to deny the request of a Zone Change based upon the draft of the Land Use - Aquifer Protection Plan presented to them. The concept of corridor entries into the town could have played a part in the determination by the Board. The Land Use Plan is aimed as a guide for future planning rather than the actual zoning map. As one looks at Route 281 to Route 13 South, there are several existing businesses. Several of these businesses were rezoned to commercial/business. The parcel to the north of the proposed was rezoned from industrial to business. The proposed is requesting the same. Surrounding parcels are all zoned commerciaUbusiness. The applicant has proceeded with the appropriate process for approval with no indication from the Board the application could be denied. Attorney Folmer suggested to the Board to rescind their prior resolution of denial and move forth to approve a Local Law of 2002 for a Zone Change for J. Fergus, Inc. If the Board should make a motion to rescind their prior resolution to deny, Attorney Folmer will draft Local Law - 2002 to be presented to the Board. for their review and future adoption. RESOLUTION #90 RESCIND RESOLUTION #71 OF 2002 "DENIAL OF A ZONE CHANGE REQUEST SUBMITTED BY J. FERGUS, INC. FOR PROPERTY LOCATED ON ROUTE 13" Motion by Councilman Pilato Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED BE IT RESOLVED, Resolution #71 of 2002 "Deny Request of a Zone Change for property located on Route 13 submitted by J. Fergus, Inc." is hereby rescinded, and it is further RESOLVED, the Town Attorney is hereby authorized and directed to draft Local Law No. 2 - 2002 Amending the Zoning Law and Map of the Town of Cortlandville for a Zone Change on NYS Route 13 submitted by J. Fergus, Inc. for • property owned by SCWP, Inc. Attorney Folmer reported: Enforcement of Public Sewer: Attorney Folmer provide to the Board two approaches to the enforcement of connection to Public Sewer. One is to amend the town ordinance to provide that the failure to connect is a violation and each day could carry a monetary fine. The second approach is to levy on one's tax bill the town's costs of the installation of the Public Sewer. This approach could be a problem due to one would need to have access to the home. 3� 9 APRIL 03, 2002 TOWN BOARD MEETING PAGE 8 Noise Ordinance: Attorney Folmer has reviewed provisions of other ordinances. CEO Bruce Weber was sent a draft sample noise ordinance and asked by Attorney Folmer to make comments and suggestions. I I �''_(P Attorney Folmer has three deeds for property on Hobart Hill that has been abandoned by the town and to be conveyed to adjacent property owners. Supervisor Thorpe will be executing these documents. Town Assessor David Briggs will be placing a value on a parcel to be conveyed to Bernard Glazier of Hobart Hill. When that is accomplished the Hobart Hill issue should be resolved. RESOLUTION #91 REFER AQUIFER PROTECTION PERMIT APPLICATION OF MARTIN ESTRUCH (N.C.W.P. LLC - KARL OCHS) TO THE TOWN AND COUNTY PLANNING BOARDS FOR THEIR REVIEW AND RECOMMENDATIONS Motion by Councilman Rocco Seconded by Concilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Aquifer Protection Permit application submitted by Martin Estruch for property owner by N.C.W.P. - Karl Ochs located at 3707 Route 281, tax map #95.00-05-14.000, shall be refereed to the Town and County Planning Boards f or their review and recommendations. Councilman O'Donnell made a motion seconded by Councilman Testa, to receive and file correspondence from John Helgren of the Cortland County Health Department to John Fietze, NYS DOT. All voting aye, the motion was carried. The correspondence was in regards to the NYS Route 281 reconstruction project. Councilman Testa made a motion, seconded by Councilman O'Donnell, to receive and file correspondence from Doug Withey, Cortland Water Board to John Fietze, NYS DOT. All voting aye, the motion was carried. The correspondence was in regards to the NYS Route 281 reconstruction project. RESOLUTION #92 AUTHORIZE CODE ENFORCEMENT OFFICER BRUCE WEBER TO ATTEND A WORKSHOP ON Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, Code Enforcement Officer Bruce Weber is hereby authorized to attend a seminar regarding Accessibility Requirement Updates in New York State on April 30, 2002 to be held in Syracuse, New York. Attorney Folmer reported to the Board the closing for the Community Development Grant was accomplished on Monday. Loan monies will be available for the applicant Wilbedone, Inc. Councilman Rocco made a motion, seconded by Councilman Testa, to recess the Regular Meeting to an Executive Session to discuss a personnel problem. All voting aye, the motion was carried. E 50 APRIL 03, 2002 TOWN BOARD MEETING PAGE 9 The meeting was recessed at 8:00 p.m. The following information was received from the Supervisor's office. Councilman O'Donnell made a motion seconded by Councilman Rocco, to adjourn the Executive Session and reconvene to the Regular Meeting. All voting aye, the motion was carried. No action was taken. Councilman Rocco 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 8:34 p.m. Respectfully, J aren tQ. Snyder Town Clerk Town of Cortlandville tJ I ]i 0 E-111