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Home My WebLink About05-29-20023 -79 MAY 29, 2002 SPECIAL TOWN BOARD MEETING 5:00 P.M. The Special 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: Absent: Supervisor, Raymond Thorpe Councilman, Edwin O'Donnell Councilman, Theodore Testa Town Clerk, Karen Q. Snyder Councilman, Ronal Rocco Councilman, John Pilato Others present were: Town Attorney, John Folmer; Town Planning Board members, Katherine Wickwire and Nick Renzi; James Trasher, Walt Kalena and Jane Rice from Clough Harbour & Associates; John Helgren from Cortland County Health Dept.; Pat Reidy from Cortland County Soil & Water and news reporter Jill Giocondo. Supervisor Thorpe call the meeting to order. Councilman O'Donnell made a motion seconded by Councilman Testa, to approve the Town Board Minutes of April 3, 2002 as written. All voting aye, the motion was carried. RESOLUTION #125 AUTHORIZE THE PARK ASSOCIATION USE OF TOWN MEETING ROOM ON JUNE 2, 2002 Motion by Councilman Testa Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Park Association is hereby authorized to use the Town Hall Meeting room on June 2, 2002 at 7:00 p.m. for their annual association meeting. Councilman O'Donnell made a motion seconded by Councilman Testa, to receive and file the Cortland County Planning Board Resolution #02-15 regarding the Aquifer Protection Permit application of the Cortland Sports Complex, Inc. All voting aye, the motion was carried. Councilman Testa made a motion seconded by Councilman O'Donnell, to receive and file the Cortland County Planning Board Resolution #02-16 regarding the Aquifer Protection Permit application of Michael May for property located at NYS Route 281. All voting aye, the motion was carried. Councilman O'Donnell made a motion seconded by Councilman Testa, to receive and file the Cortland County Planning Board Resolution #02-18 regarding the Land Use & Aquifer Protection Plan from the NYS Route 13 & 281-Corridor Study. All voting aye, the motion was carried. Supervisor Thorpe offered privilege of the floor to those in attendance regarding the Land Use/Aquifer Protection and the Wellhead Protection Plans. Walt Kalena from Clough Harbour & Associates handed out the preliminary working draft of the Wellhead Protection Plan document to the Board members. MAY 29, 2002 SPECIAL TOWN BOARD MEETING PAGE 2 The Wellhead Protection Plan is a spin off from the Land Use/Aquifer Protection Plan document developed by the Advisory Committee along with the assistance of Clough Harbour & Associates. The Wellhead Protection Plan will become a Local Law Ordinance, where the Land Use/Aquifer Protection Plan is a planning document to be used by the Town Board, Town Planning Board, Zoning Board of Appeals and CEO Bruce Weber. Planning Board member Nick Renzi did questioned the document of the Wellhead Protection Plan, as he and other members of the Planning Board nor the Advisory Committee did not receive a copy of this draft. Attorney Folmer along with the Board members agreed these members should have received a copy of the draft. The purpose of the Advisory Committee was so the Town Board would receive the input from that committee before a final determination could be made. Attorney Folmer stated the Land Use/Aquifer Protection and Wellhead Protection Plans should be adopted by the time the moratorium expires on June 30, 2002. As time passes portions of the Land Use/Aquifer- Protection Plan can be adopted as a Local Law and added to the Town of Cortlandville Code based upon the recommendation of the Town Planning Board and Zoning Board of Appeals. Mr. Kalena continued by pointing out to the Board that Appendix A of the Wellhead Protection Plan contains the proposed Local Law to provide legal authority to the components to this plan. Pat Reidy of Cortland County Soil and Conservation provided the mapping and the methodology used in delineating the Wellhead areas to the document. The document contains areas designated as Zones lA, 1B, 2 and Wellhead Protection areas for the Town of Cortlandville and City of Cortland wells. Zone lA has the greatest restriction, which includes the two town wells and the city well. Zone 1B has similar restrictions with discretion on the part of the town officials with regards to future land use. Zone 2 is the Watershed Recharge area, which encompasses areas outside lA, 1B and outside much of the existing Aquifer Protection District. The plan is comprised of three major sections. Section 2 describes the delineation of the Wellhead Protection Areas. Section 3 identifies the potential contamination within the Wellhead Protection Areas, which created Zone lA and 1B, restricted uses. Section 4 provides a number of management practices that can be utilized to protect the aquifer and the water- supply wells. Attorney Folmer questioned Appendix A, the Local Law Ordinance? He voiced concern regarding the resource document to the proposed Local Law. The Local Law Ordinance should refer to documentation. The ordinance should indicate the "Statement of Intent" and to refer back to the Wellhead Protection Plan. Mr. Folmer added the ending portion of the Local Law should include administrative authority. Such as the Wellhead Protection document is available at the Town Hall from the Town Clerk's office with a fee to be fixed by Town Board Resolution. Mr. Kalena agreed to make this change within the proposed Local Law. Attorney Folmer asked if the City of Cortland Water Board were involved with the development of this document. Pat Reidy of the County Soil & Water Conservation Dept. stated they were involved with the development of the criteria of the Wellhead Protection areas. Mr. Folmer requested the acknowledgement that the City of Cortland Water Department received a copy of this Wellhead Protection document. The Board reviewed the document and the prohibited uses within Zone lA with Walt Kalena and voiced their concerns along with changes that should be considered. Planning Board member Nick Renzi along with Town Attorney John Folmer stated Appendix A should be reviewed by the Town's Planning Board. Mr. Folmer also indicated CEO Bruce Weber had not seen the Wellhead Protection Plan draft. Mr. Folmer continued the Zoning Enforcement Officer is given a lot of authority under the draft of the proposed Wellhead Protection Plan. He will be the one making the determination if a permit is required or not. Those in attendance considered the expiration of the moratorium of June 30, 2002. Mr. Renzi along with Katherine Wickwire Chairperson to the Town Planning Board voiced the work still involved with the adoption of the Wellhead Protection Plan. Mr. Folmer indicated the Wellhead Protection Plan could be adopted in its critiqued form. As time evolves amendments could be made. Chairperson Wickwire requested her Board along with the ZBA receive copies of the plan along with CEO Weber. The Public Hearings will be held in two weeks. This time frame would give these Board members time to review and comment on the draft. 1 1 �J �J 361 MAY 29, 2002 SPECIAL TOWN BOARD MEETING PAGE 3 Returning to the Wellhead Protection draft, Attorney Folmer questioned Section 179-7 Non -Conforming Uses #1 and #4. Who will make this determination of these sections? The determination by whom needs to be indicated in this section. Regarding Section 179-8 Conditional and Special Uses. Mr. Folmer stated he would feel more comfortable if it stated, "the approval procedure for location is an allowed use shall be by Conditional Use Permit pursuant to the provisions of this ordinance that deals with...... A section should be identified so one can refer to Conditional and Special Uses within that section. Section 179-10 Violations mentions village instead of town. Section 179-12 Administration Requirements and Site Plan Submission under Administrative Procedures #1 the spelling of town. Mr. Folmer also questioned an appeal process for the applicant in order to satisfy Article 78 administrative remedy problems. Ms. Rice of Clough Harbour & Associates stated one could go from the CEO to the Town Board. Attorney Folmer requested an appeal process definitely be added and not be complicated by chain of commands. An applicant should be able to go to one place. Supervisor Thorpe agreed a section should be included for an appellate process. A discussion occurred changing the scheduled Public Hearings to June 12, 2002 at 7:00 PM instead of June 19, 2002 at 5:00 PM. The Town Planning Board will be holding a Special Planning Board meeting on July 1, 2002 regarding applications placed on hold due to the moratorium. The Planning Board is hoping the Land Use/Aquifer Protection and the Wellhead Protection Plans are adopted before the moratorium expires. Attorney Folmer was concerned with the amount of time available for the Planning and ZBA Boards to review the Wellhead Protection Plan draft. Ms. Rice reminded those that a ten-day open Public Hearing would be available for comments and concerns to be submitted. Walt Kalena reiterated to those that Zone 1A, which includes the town's two wells and the city well, is an area that leaves no discretion on the part of public officials. Those prohibited uses are prohibited! No Conditional or Special Permits will be allowed! When the project began the Town Board and the Advisory Committee was recommending no discretion. Those in attendance were concerned with the list of prohibited uses. Zone lA has existing and operational businesses within that zone. It was stated, "more reason for the Town Planning Board and Zoning Board of Appeals receive a copy of the proposed Wellhead Protection draft for their input." RESOLUTION #126 RESCHEDULE PUBLIC HEARINGS FOR THE LAND USE/AQUIFER PROTECTION AND WELLHEAD PROTECTION PLANS FOR JUNE 12 2002 Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Public Hearings for the Land Use/Aquifer Protection and Wellhead Protection Plans shall be rescheduled for June 12, 2002 at 7:OO,p.m. It was established the Town Clerk Karen Snyder would send copies of the We,, Protection Plan, a schedule of dates to occur regarding the Land Use/Aquifer Protection and Wellhead Protection Plans and when comments and concerns are to be received by her. The following is a list of the distribution of the Wellhead Protection Plan draft: Town Board Members Town Planning Board Members Town Zoning Board of Appeal Members Advisory Committee CEO Bruce Weber 38.E MAC' 29, 2002 SPECIAL TOWN BOARD MEETING PAGE 4 The following is the schedule of dates for the future adoption of the Land Use/Aquifer Protection Plan and Local Law - 2002 Wellhead Protection Plan: June 5, 2002 Regular Town Board meeting at 7:00 PM in Blodgett Mills Submission of comments/concerns of Wellhead Protection Plan Draft to Town Clerk's Office June 12, 2002 Public Hearing at 7:00 PM at Town Hall for Local Law - 2002 Wellhead Protection Plan and the Land Use/Aquifer Protection Plan June 19, 2002 Regular Town Board meeting at 5:00 PM at Town Hall June 25, 2002 Special Town Board meeting, time to be announced, at Town Hall for the adoption of the Land Use/Aquifer Protection Plan and Local Law - 2002 Wellhead Protection Plan June 30, 2002 Expiration of Local Law #1 of 2002 - Moratorium on Development along Routes 281 and 13 Corridor Councilman O'Donnell made a motion seconded by Councilman Testa, to adjourn the Special meeting. All voting aye, the motion was carried. The meeting was adjourned at 6:15 p.m. Respectfully submitted, Karen Q. Snyder Town Clerk Town of Cortlandville 1 40 1