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Home My WebLink About05-01-20023�1 MAY 01, 2002 VEIT13-9ia 1 0 1.1 TOWN BOARD MEETING The Regular Meeting of the Town Board of the Town of Cortlandville was held at the Village of McGraw Community Center, 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: Town Attorney, John Folmer; Highway Sup't., Carl Bush; Attorney, Mike Shafer; County Legislator, Danny Ross; James Trashser of Clough Harbour & Assoc.; Bernie Thoma of Thoma Devel.; Carol Folmer, Julie Widger, Thomas McCarthy, David Law, Carl Kimberly of Lamont Memorial Library; Village of McGraw Mayor Jack Fitch and wife Joan and Ron Barrows from the Barrows Group. Supervisor Thorpe called the meeting to order. Councilman O'Donnell made a motion seconded by Councilman Testa, to approve the Town Board Minutes of March 6, 2002, as written. All voting aye, the motion was carried. s , Vej M. J1 1! Leyttj FAM MV01ON _ c _Cy 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 #207 -218 $ 7,882.61 General Fund B 37 - 42 $ 7,052.20 Highway Fund DA 1 -1 $ 730.00 Highway Fund DB 126 -142 $19,673.53 Water Fund 98 -102 $ 474.62 Sewer Fund 44 - 46 $ 2,235.68 Capital Projects 17 $ 50.00 Special Grants 3 $ 6,000.00 i Attorney Folmer apprised the Board of the application submitted by J. Fergus, Inc. for an Aquifer Protection Permit. At the Town Board meeting of January 16, 2002 the Board reviewed the SEQRA form for the applicant and found one item to be in question. The Board at this meeting tabled any action, awaiting the draft Land Use - Aquifer Protection Plan, which has since been submitted. A Public Hearing was also held for the applicant, J. Fergus, Inc., with no opposition. That one item has since been mitigated with no concerns. MAY O1, 2002 TOWN BOARD MEETING PAGE 2 RESOLUTION #106 DECLARE NEGATIVE IMPACT FOR AQUIFER PROTECTION PERMIT #3 OF 2002 J. FERGUS, INC. FOR PROPERTY LOCATED AT ROUTE 13 Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE ADOPTED WHEREAS, an Aquifer Protection Permit application was submitted by J. Fergus, Inc., property located at Route 13, property owned by S.C.W.P. LLC, permitting the construction of a 7,000 sq. ft. auto parts store, tax map #95.00-06712.112 and 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 project of J. Fergus, Inc., Aquifer Protection Permit #3 of 2002, shall have no significant environmental impact. RESOLUTION #107 AUTHORIZE SUPERVISOR TO SIGN SEQRA APPLICATION OF AQUIFER PROTECTION PERMIT #3 OF 2002 Motion by Councilman Pilato Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Supervisor is hereby authorized and directed to sign the SEQRA application relating to Aquifer Protection Permit #3 of 2002, submitted by J. Fergus, Inc. RESOLUTION #108 APPROVE AQUIFER PROTECTION PERMIT #3 OF 2002 FOR J. FERGUS, INC. FOR PROPERTY LOCATED AT 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 this Town Board, therefore BE IT RESOLVED, the Town Board does hereby approve Aquifer Protection Permit #3 of 2002, submitted by J. Fergus, Inc., for property located at Route 13 permitting the construction of a 7,000 sq. ft. auto parts store, property owned by S.C.W.P., LLC, tax map #95.00-06-12.112 subject to the following conditions: 1. A stormwater pollution prevention plan being completed by the applicant f or this proposal, if required by the town. If a stormwater pollution prevention plan is not required since the total impervious surface of the site would actually decrease, it is recommended that the developer still attempts to f ollow the intent of the town's stormwater ordinance for stormwater quality and quantity as the site is near the town's public water supply wells. 2. The applicant providing an easement through this property to the former Smith Corona property to allow for signalized access to the former Smith Corona property and any lots, which result from the subdivision of such property. �J 363 MAY 01, 2002 TOWN BOARD MEETING PAGE 3 3. Connection of the facility to existing public sewer for sanitary facilities. 4. A permit being obtained from the County Health Department for the waste oil storage facility if its volume is greater than 1,100 gallons. 5. Assurance that the waste oil storage tank is located in a safe, secure location in the building. 6. The applicant demonstrating that there are unnecessary hardships in the way of carrying out the strict letter of The Town of Cortlandville Zoning Law as is required before any use variance may be granted. • 7. A bulk variance being applied for and obtained for an additional building mounted sign beyond the maximum of two signs permitted. 8. A negative declaration of environmental impact under SEQR, and it is further RESOLVED, the Supervisor is hereby authorized to sign the permit. Supervisor Thorpe offered privilege of the floor to Bernie Thoma of Thoma Development. Mr. Thoma apprised the Board of the development of a hotel Country Inn & Suites, at the Gunzenhauser property located on Route 281. The project cost is estimated at $4,850,000. A Community Development Block Grant is available for approximately $100,000.00 f or a sewer extension and $275,000 to $400,000 f or an additional Community Development Block Grant Loan. The hotel would employee approximately 25 individuals. The Country Inn & Suites, which is a national chain, would include 80 rooms, a conference room, an indoor pool and with Phase II a restaurant. The project currently has a purchase agreement contingent on approvals. Mr. Thoma is asking for the Town Board support to proceed with the grant process to the State. Councilman Testa attended a meeting for this project and stated SUNY Cortland President Taylor endorses this project. Mr. Testa is in favor of this project as it would be good for Cortland County. Councilman Rocco stated the location would be ideal for this project.. Mr. Rocco did express concerns regarding the acknowledgement of the Town Planning Board. Attorney Folmer clarified Mr. Rocco concerns. He does not want the Planning Board to be of the opinion that the Town Board has prejudged this project. The Planning Board in their review of the applications should not be limited. There are several processes to be accomplished for loan and or grant monies. The Town Board may at any time withdraw their participation. Councilman Pilato stated the Country Inns & Suites in Olean across the street from St. Bonaventure is a nice facility and a good corporation. Mr. Thoma stated Thoma Development would submit the grant application as identified under their grant writing contract with the town. Their fee, if funds are awarded, will be $2,000. Their fee cannot be paid from grant funds. �(4 MAY 01, 2002 TOWN BOARD MEETING PAGE 4 RESOLUTION #109 AUTHORIZE THOMA DEVELOPMENT CONSULTANTS TO COMMENCE PROCEDURE FOR A GRANT THROUGH THE NEW YORK STATE GOVERNOR'S OFFICE FOR SMALL CITIES ECONOMIC DEVELOPMENT PROGRAM —Motion by Councilman Rocco Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby authorize and direct Thoma Development Consultants to commence procedure for a grant through the New York State Governor's Office for Small Cities Economic Development Program, for the development of a Country Inn & Suites Hotel. Carl Kimberly from the Lamont Memorial Library was offered privilege of the floor. Mr. Kimberly thanked the Board for the continued financial support to the Lamont Memorial Library located in the Village of McGraw. Mr. Kimberly informed the Board of a grant received from the Rural New York and Preservation Program. Utilizing the grant, a planning and assessment report was prepared by Crawford & Stearns Architects and Preservation Planners. Their assessment reviewed the physical structure of the library building and the layout for current and proposed programs. Routine maintenance, needed renovations and possible enhancements were included in the assessment. Many of the recommendations identified by the Crawford study are essential. Some are required for safety purposes. Others will allow the library to be in compliance with the Americans with Disabilities Act and building codes. The assessment identified three phases. Regular maintenance, Phase I renovations and Phase II renovations. The Library Board of Directors along with the Village of McGraw had decided to proceed with the major items now. Continuing with Phase I & II, the library and the village would need to raise funds along with receiving grants. The projected cost could cost $225,000. With the decision to conduct a Capital Campaign to raise the funds, Ronald L. Barrow from the Barrows Group, a 1972 graduate from McGraw School, was retained for his professional fund raising background. Cortlandville resident David Law and Town Councilman Edwin O'Donnell have been designated as co-chairs for the campaign. The Lamont Memorial Library Board of Directors and the Village of McGraw are very pleased with the designation of Mr. Law and Mr. O'Donnell, as they both will bring to the Campaign Committee their expertise, dedication, and loyalty to the community. Mr. Kimberly ended by asking of the support and consideration of the Town Board with the Capital Campaign and the future of the Lamont Memorial Library. Councilman O'Donnell received a request from the Village of McGraw Recreation Department regarding street lights for the new Elm St. Ext. located in the town portion of the street. More individuals are utilizing this area at night for its fields and walking area, which is very dark. Highway Sup't. Carl Bush stated he would contact Niagara Mohawk for the installation of streetlights. Monthly reports for the Tax Collector and Town Clerk for April 2002 are on the table for review and filed in the Town Clerk's office. Town Clerk Snyder apprised the Board of correspondence received from Alliance Bank, the town's banking institution, regarding the charging of service fees. A copy of the letter and their fee schedule was provided to the Board. The Board discussed their options and why this was occurring since the town has never been charged service fees in the past. 1 I is 3655 MAY 01, 2002 TOWN BOARD MEETING PAGE 5 Town Clerk Snyder stated that Alliance Bank will be approaching all municipalities it has holding accounts with. The State Audit & Control has been contact by the town's Bookkeeper Marcia Hicks to find out if this acceptable. Audit & Control informed Ms. Hicks that it was acceptable and how to do a bookkeeping entry for this change. The State also stated our banking institution was lapsed in finally accomplishing what other banking institutions have already implemented for years. This will be effective July 1, 2002. A discussion occurred whether or not the town should go "shopping". Town Clerk Snyder offered the names and phone numbers of the town's Municipal Officer Cindy Hunter and Diane Higgins from the Groton Ave. Alliance Bank branch. Town Clerk Snyder apprised the Board within their packets included the proposed Town of Cortlandville fee schedule, which will be discussed later within the meeting. RESOLUTION #110 ACKNOWLEDGE NOTIFICATION FROM THE STATE FOR FILING OF LOCAL LAW NO. 1 OF Motion by Councilman Rocco Seconded by Councilman Pilato VOTES: ALL AYE ADOPTED BE IT RESOLVED, NYS Dept. of State acknowledged receipt of Local Law No. of 2002, to be effective on April 15, 2002 the Moratorium extension. Attorney Folmer reported: Renaissance Drainage Project: A problem had occurred with the Renaissance Drainage Project at the end of last week. As Attorney Folmer was unavailable the problem was resolved by James Trasher of Clough Harbour & Assoc. and Highway Sup't. Carl Bush in a short period of time. Bonding: Within a week to ten days the bonding for Crestwood Court and Page Green Road should be accomplished for the additional funds. The final document has been sent to Bond Counsel in New York. RESOLUTION #111 REFER AQUIFER PROTECTION PERMIT APPLICATION SUBMITTED BY MICHAEL MAY TO THE TOWN AND COUNTY PLANNING BOARDS FOR THEIR REVIEW AND RECOMMENDATIONS Motion by Councilman Rocco Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Aquifer Protection Permit application submitted by Michael May for property located at 3533 Route 281, owner of record Elliot Rubinstein, tax map #95.16-01-04.100, #95.16-01-04.220, #95.16-01-24.200 shall be forwarded to the Town and County Planning Boards for their review and recommendations. Councilman Pilato made a motion seconded by Councilman Rocco, to receive and file correspondence from Peter Alteri Water & Sewer Superintendent. All voting aye, the motion was carried. The correspondence was a request to eliminate Section 171- 6(H) of the ordinance regarding duel meter installation. 366 MAY 01, 2002 TOWN BOARD MEETING PAGE 6 A discussion explained the current ordinance for duel meter installation. The first meter would bill all the metered water. The second meter would bill all metered sewer. The ordinance originated so those properties could water lawns and hose off driveways. This process can lead to loss revenue for the town. Attorney Folmer stated he would investigate the ordinance and report back to the Board with his findings by the first meeting in June. The following resolution amends the definition of the County Empire Zone to include the area of the town where the Cortland Sport Complex Project is being proposed near the Cortland County Fairgrounds near Fisher Ave. RESOLUTION #112 ADOPT RESOLUTION OF SUPPORT AND CONCURRENCE WITH THE CORTLAND COUNTY EMPIRE ZONE (FORMALLY ECONOMIC DEVELOPMENT ZONE) REVISION APPLICATION Motion by Councilman Rocco Seconded by Councilman Testa VOTES: ALL AYE ADOPTED WHEREAS, New York State has created the Economic Development Zone program to encourage industrial and commercial development in selected municipalities across the State, and WHEREAS, Cortland County, as an eligible municipality, received designation of an Economic Development Zone made up of sub -zones including portions of the Town and Village of Homer, Town of Cortlandville, and City of Cortland, and WHEREAS, New York State has amended the Zones program to increase benefits and allow additional sub -zones, and WHEREAS, Cortland County intends to revise the County Economic Development Zone boundaries (now referred to as Empire Zones) to encourage industrial and commercial development and to allow for the creation of an additional sub -zone in the Town of Cortlandville, and WHEREAS, the Town of Cortlandville is committed to the development of new business within the proposed sub -zone, and WHEREAS, the Town of Cortlandville wishes to support and concur with the Empire Zone revision application, now therefore BE IT RESOLVED, that the Town of Cortlandville Board, in its capacity as governing body of the Town, does hereby support and concur with the Cortland County Empire Zone revision application. Attorney Folmer stated Deputy Town Clerk Kristin Rocco has checked the sections of the Town of Cortlandville Code Book to determine where the fees are mentioned and located. CEO Bruce Weber has advised Attorney Folmer the code permits all fees to be accomplished by resolution, with the exception of the Transient Permit Fee. The Transient Permit Fee is being requested to be increased from a $10.00 permit fee to $100.00 and to eliminate the language of a Surety Bond and to provide a $1000.00 cashiers check. Attorney Folmer has not independently checked the sections of the code. Attorney Folmer will rely on CEO Bruce Weber. Attorney Folmer recommended to the Board that they adopt the fee schedule presented with the exception of the Transient and Fair/Circus Permit fees. 1 0 1 0 1 3(7 MAY 01, 2002 TOWN BOARD MEETING PAGE 7 RESOLUTION #113 ADOPT TOWN OF CORTLANDVILLE FEE SCHEDULE EFFECTIVE MAY 02, 2002 Motion by Councilman Rocco Seconded by Councilman Testa VOTES: ALL AYE ADOPTED WHEREAS, due to the growth of the town Code Enforcement Officer Bruce Weber, Town Clerk Karen Snyder and Town Planning Board Member Nick Renzi with the assistance of James Trasher of Clough Harbour & Associates requested the Town of Cortlandville fees be updated as most of the fees are outdated, and WHEREAS, sections of the Town of Cortlandville Code Book indicates fees are subject to Town Board resolution and not subject to adoption by Local Law with the exception of Dog, Conservation, Vital Records, FOIL and Bingo fees, as they are set by the State of New York, which there are no changes, therefore BE IT RESOLVED, the Town Board does hereby adopt the following fee schedule for the Town of Cortlandville with the exception of the Transient and Fair/Circus Permit fees, and it is further RESOLVED, the effective date is May 02, 2002. TOWN OF CORTLANDVILLE FEES Aquifer Permit: $100.00 Building Permit: Residential Pools, decks, storage, sheds: $20.00 plus 1.00/thousand New construction and additions: $.25 per square foot Commercial Signs: $20.00 plus 1.00/thousand New construction and additions: $.40 per the first 5,000 sq. ft. $.25 per the next 15,000 sq. ft. $.10 per over 20,000 sq. ft. Alterations: $.25 per the first 5,000 sq. ft. $.10 per over 5,000 sq. ft. Conditional Permit/Site Plan: Revision to existing approval: $ 100.00 Application fee: $ 250.00 Engineering deposit if required: $1,500.00 Home Occupation: $ 50.00 Mobile home Site Plan: $ 50.00 Quarry Permit: 10-50 cubic yards $ 25.00 51-100 cubic yards $ 50.00 101-500 cubic yards $ 100.00 501-1,000 cubic yards $ 250.00 Over 1,000 cubic yards $ 500.00 Subdivision of Land: Lot Line Adjustment $ 50.00 Re -Subdivision - Residential (Over 3 lots with no streets or utilities) Application fee: $ 100.00 Engineering and legal deposit $ 100.00 per original lot number Minor Subdivision - Residential (4 lots or less with no street or utilities) Application fee: $ 100.00 Engineering and legal deposit: $ 100.00 per lot 368 MAY 01, 2002 TOWN BOARD MEETING PAGE 8 Major Subdivision - Residential (4 lots or more with streets or utilities) Application fee: $ 200.00 Engineering and legal deposit: $ 2,000.00 Non -Residential Subdivision Application fee: $ 200.00 Engineering and legal deposit: $ 1,000.00 Filing of Subdivision Map $ 25.00 plus $5.00 per subdivided lot Variance: Residential Variance (Bulk): $ 10.00 Residential Variance (Use): $ 15.00 Commercial Variance (Bulk): $ 100.00 Commercial Variance (Use): $ 150.00 • MISCELLANEOUS FEES: Bingo License $ 18.75 per occasion Dishonored Check: $ 20.00 Freedom of Information (FOIL): $ 0.25 per page Handicap Parking Permit: $ No Charge In Lieu of Tax $ Per IDA schedule Marriage License: $ 25.00 Postage First Class: Current USPS fee, charge by weight Complete Town of Cortlandville Code Book: $ 125.00 Aquifer Map & Pamphlet: $ 2.00 Cortland County Map $ .50 Development Plan Booklet with Maps: $ 18.00 Highway Code: $ 10.00 Subdivision Code: $ 10.00 Water & Sewer Code: $ 10.00 Zoning Law Book: $ 15.00 Zoning Map: $ 5.00 CONSERVATION FEES: $ See Conservation License 1 IM3211" Renewal: Spay/Neuter $ 7.50 Unspay/Unneuter under 6 mos $ 12.50 Unspay/Unneuter over 6 mos. $ 15.50 Dog Replacement Tag: $ 1.50 Dog Impoundment: 1" Impoundment: $ 10.00 plus $5.00 per day 2nd Impoundment: $ 20.00 plus $5.00 per day 3' Impoundment: $ 30.00 plus $5.00 per day VITAL RECORDS: Certified Copy of Birth, Death and Marriage $ 10.00 Genealogy $ 11.00 DATE ADOPTED: May 01, 2002 EFFECTIVE DATE: May 02. 2002 asr■ere■®r■■a■e■■e■■■®ease■■■es■■■■ass■■■■sass■e■■ssesss■ss■■s■■■■ess■■essss■� 3 �9 1 1 MAY 01, 2002 TOWN BOARD MEETING PAGE 9 NOT YET ADOPTED OTHER PERMITS: Fair/Circus Permit: Application fee: $ 50.00 fee per day plus Bond Transient Permit: Application fee: $ 100.00 fee $1,000.00 cashiers check Applicable Transient Tax Councilman O'Donnell spoke in behalf of McGraw Recreation Director Dan Bilodeau, as Mr. Bilodeau was unable to attend this evenings meeting. Mr. O'Donnell thanked the Board and Highway Sup't. Carl Bush to allow town highway employee Glen Bassett to assist with the completion of the new McGraw fields and walk areas. Also to the Village of McGraw Mayor Jack Fitch for allowing the village to assist. Village of McGraw resident Joan Fitch briefed the Board regarding the tractor -trailers still traveling down Elm St. Ext. into the village. She requested the sign on the corner of Route 41 and Elm St. Ext. is located so it may be seen before the trailers make the turn onto Elm St. Ext. Highway Sup't Carl Bush will investigate the situation for the possibility of moving the signs "No Tractor -Trailers". 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 7:55 p.m. Respectfully, Karen Q. Snyder Town Clerk Town of Cortlandville