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Home My WebLink About11-17-1999170 NOVEMBER 17, 1999 ; . 5:00 P.M. PUBLIC HEARING AQUIFER -PROTECTION, 'PERMIT''. . CENTURY GROUP ONE, LI:� TAX MAP #95.20-01-03.110 A Public Hearing was held by the Town Board of the Town of Cortlandville at the Town Hall, 3577 Terrace Road, Cortland, New York, concerning an Aquifer Protection Permit permitting the selective demolition 'of existing retail space and construction of new retail space resulting in an additional 23,000 square feet of retail space at the Cortlandville Crossings, Route 13, Town of Cortlandville. Members present: Supervisor, Raymond Thorpe Councilman, Theodore Testa Councilman, Edwin.O'Don'nell Councilman, Ronal Rocco Councilman, John Pilato Town Clerk, Karen Snyder, Others present were: Town Attorney, John Folmer; Highway Sup't., Carl Bush, Tom Huttleston; and News Reporter, Chris Nolan. Supervisor Thorpe called the Public Hearing to order. The Town Clerk read aloud the Legal Notice, as published, ,posted and filed. With no comments or questions heard, the Public, Hearing was adjourned. Councilman Pilato made a motion, seconded by Councilman Rocco, to adjourn the Public Hearing. All voting aye, the motion was carried. The Public Hearing was adjourned at 5:01 p.m. 1 1.71 NOVEMBER 17,1999 mmwil The Regular Meeting of the Town Board. of the Town of Cortlandville was held at the Town Hail, 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 Snyder Others present were: Town Attorney, John Folmer; Highway Sup't., Carl Bush; Tom Huttleston-, and News Reporter, Chris Nolan. Supervisor Thorpe called the meeting to.order following a Public Hearing for the an Aquifer Protection Permit request. Councilman O'Donnell made -a motion, seconded by Councilman Pilato, to approve the Town Board Minutes of September 1, 1999, as written. All voting aye, the motion was carried. Motion by Councilman O'Donnell Seconded by Councilman Pilato , VOTES:,ALL AYE ADOPTED BE IT RESOLVED, the vouchers submitted have been audited and shall be paid as follows: General Fund A Vouchers #523 - 587 $ 23,479.26 General Fund B 143-148 $ 4,785.73 Highway Fund DB 444-458- $ 8,728.79 Water Fund 275-291 $ 4,793.33 Sewer Fund 144-156 $103,683.33 Capital Projects 91- 98 HA .93 $ 81.56 HC -91- 94 :$ 39.84 HD 95 $ 43.58 HG 96 $ 44.41 HK 97- 98 $ 67.55 Supervisor Thorpe offered privilege of the floor to those in attendance. No questions or comments were heard. Monthly reports for the Justice and SPCA- for October 1999, are on the table for review and filed in the Town Clerk's office. I 172 NOVEMBER 17, 1999 TOWN BOARD MEETING PAGE 2 RESOLUTION #229 DECLARE:NEGATIVE IMPACT FOR AQUIFER PROTECTION PERMIT #9 OF 1999 - CENTURY GROUP ONE, LLC(RUDCO PROPERTIES, INC.) FOR PROPERTY LOCATED AT COMANDVILI F CROSSING .RnTPTF 13 Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE ADOPTED WHEREAS, an Aquifer Protection, Permit application was submitted by Century Group One, LLC (Rudco Properties Inc:); ..permitting the selective demolition of existing retail space and construction of, new retail space resulting in an additional 23,000 square feet of retail space at the Cortlandville. Crossings, Route 13, Town of Cortlandville, tax map #95.20-01-03.111 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 Century-Group,One, LLC,.(Rudco<Properties, Inc) Aquifer Protection Permit #9 of 1999, shall have no significant environmental impact. RESOLUTION #230 AUTHORIZE SUPERVISOR TO SIGN:SEQRA APPLICATION OF AQUIFER PROTECTION PERMIT #9 OF 199-9 Motion by Councilman O'Donnell 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 49 of .1999,. submitted by Century Group One, LLC (Rudco Properties, Inc.). RESOLUTION #231 APPROVE AQUIFER PROTECTION PERMIT #9 OF 1999 FORCENTURY GROUP ONE, LLC (RUDCO PROPERTIES, INC.) FOR THEIR LOCATION AT CORTLANDVILLE CROSSING, NYS ROUTE 13 SUBJECT TO CONDITIONS Motion by Councilman Rocco Seconded by Councilman O'Donnell 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 subject to conditions, and WHEREAS, a Public Hearing was dulyheld by this -Town Board, therefore BE IT RESOLVED, the Town Board does hereby approve Aquifer Protection Permit #9 of 1999, submitted by Century Group One, LLC (Rudco Properties Inc.), permitting the selective demolition of existing retail space and construction of new retail space resulting in an additional 23,000' square feet of retail space at the Cortlandville Crossings, Route 13, Town of Cortlandville, tax map.#95.20-01-03.111 subject to the following conditions: 1) The applicant's submittal of a stormwater pollution prevention plan after giving consideration to using dry wells in lieu of a detention basin because runoff is from a roof and water quality may not be a concern. This item should be discussed with the Soil and Water Conservation District prior to submittal of the stormwater pollution prevention plan to the Town. I- I NOVEMBER 17, 1999 TOWN BOARD MEETING PAGE 3 13 n F 2) The applicant providing an estimate of parking requirement for the entire development and the Town's satisfaction that there is ample parking available on the site to accommodate the existing shopping center plus the proposed addition. RESOLVED, the Supervisor is hereby authorized and directed to sign the permit. RESOLUTION #232 DESIGNATE FAIRPOINT COMMUNICATIONS Motion by Councilman Rocco Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED WHEREAS, Fairpoint Communications has proposed an alternative to the town's telephone service currently with Bell Atlantic and AT&T, and WHEREAS, Fairpoint Communications has offered a savings to the town both with usage and time spent rectifying payments applied to incorrect accounts, and WHEREAS, there will be no cost to the town to switch telephone services along with no contractual agreement involved, therefore BE IT RESOLVED, Fairpoint Communications out of Ithaca, NY is hereby designated as the telephone service for the Town of Cortlandville. RESOLUTION #233 ADOPT THE TOWN BUDGET FOR FISCAL YEAR OF 2000 Motion by Councilman Rocco Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED WHEREAS, on the 3rd day of November, 1999 tb Cortlandville, held a Public Hearing on the Preliminary be raised by the benefit tax on benefited properties i District, approved by the Town Board, and filed witt commencing January 01, 2000, and having heard all p items therein contained, therefore Town Board of the Town of Budget and proposed amounts to i the Town Sewer Improvement the Town Clerk for fiscal year arsons in favor of, or against any BE IT RESOLVED, the preliminary budget., is hereby approved as filed, and the same is hereby adopted and established as the annual budget of this Town for the fiscal year beginning January 01, 2000, and such annual budget, as so adopted, is filed with the Town Clerk, and RESOLVED, that the Town Clerk of this Town shall prepare and certify, as provided by law, duplicate copies of the annual budgets, hereby adopted, together with the assessment rolls for the benefit of improvement for the Water Fund and the Sewer Fund, adopted pursuant to Section 202-a of the Town Law and within five days thereof, deliver two copies to the Supervisor of the Town and the Supervisor shall present the copies of the annual budget to the Legislature of Cortland County within ten days after his receipt thereof from the Clerk. ...NI � 414-J'A P1,Z&3k'7J FAM I Motion by Councilman Testa Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby reappoint Gregory J. Robinson, 938 Blue Creek Road, Cortland, NY, to the Cortlandville Board of Assessment Review for a five year term commencing October 1, 1999 and expiring September 30, 2004. 1. l 4 NOVEMBER 17, 1999 TOWN BOARD MEETING PAGE 4 RESOLUTION #235 AUTHORIZE COMPLETION OF PROBATION PERIOD FOR DEPUTY TOWN CLERK, PAMELA MCLEAN EFFECIIVE NOVEMBER 1 1999 Motion by Councilman Testa Seconded by Councilman Pilato VOTES: ALL AYE ADOPTED WHEREAS, per Resolution #84 of 1999; the position of Deputy Town Clerk was filled by Pamela McLean and she has completed the required six months probation period, therefore BE IT RESOLVED, pursuant to the Town Personnel Policy, her annual salary shall be increased by $300.00 effective November,1, 1999. Attorney Folmer reported: Highland Heights subdivision: Attorney Folmer discussed a request from . Tim Buhl of. Resource Associates concerning Highland Heights subdivision, owned by William McDermott. Attorney Folmer suggested reviewing Mr. Buhl's letter of 1998 related to this request for discussion at the December 1, 1999 meeting. The letter requested Town Engineer, Hayne Smith and Highway Sup't., Carl Bush attend the meeting for their input. Cleary Property: Attorney Folmer displayed a survey map of the holding pond located at the north west corner of the Renaissance subdivision owned by William Cleary. A proposal has been made to change the property line. It would not change the amount of property owned by Mr. Cleary or the Town but would change the configuration of each properties. Highway Sup't., Carl Bush, recommended this proposal. The reconfiguration would make one property easier to maintain and the other suitable for resale. Attorney Folmer stated he would contact Mr. Cleary's attorney. The Board concluded Attorney Folmer should pursue this proposal. RESOLUTION #236 ACCEPT SEWER LINE DEDICATION AND EASEMENTS OF DANIEL AND WENDY MCNEIL AND WILLIAM CLEARY ON MADDEN LANE SUBJECT TO APPROVAL OF TOWN ENGINEER Motion by Councilman Testa Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED WHEREAS, sewer lines have been constructed on Madden Lane and easements have been presented to the Board from. Daniel and Wendy McNeil and William Cleary, and WHEREAS, the Town Engineer will be inspecting said sewer lines ensuring construction is in accordance with town standards, therefore BE IT RESOLVED, the Town Board does hereby accept the sewer line dedication and easements of Daniel and Wendy McNeil and William Cleary on Madden Lane, subject to approval of Town Engineer, Hayne Smith. NOVEMBER 17, 1999 . TOWN BOARD MEETING PAGE 5 175 Attorney Folmer continued: Suit-Kote's Zone Change Litigation: Judge Dowd dismissed the Panzanella complaint against the Town of Cortlandville, the Town Board, the Town Planning Board and Suit-Kote Corporation, in regards to the approved zone change. Judge Dowd stated the process of the SEQRA application was followed appropriately. Attorney Folmer will serve a copy of this decision, called a "notice of entry", to the plaintiff's attorney, Mark McQuerry. An appeal must be submitted within thirty days after the notice of entry has been filed. Attorney Folmer explained the appeal process, stating this is an expensive and extensive process. He went to explain the Town Board's legislative action enacting Suit-Kote's Zoning Law has been upheld. The chance of it being reversed in appeal, is small. This litigation represents the considerable amount of work done by the Planning Board and the Town Board to ensure all procedures were followed correctly. The Board members expressed appreciation to Attorney Folmer for all his work done in regards to this litigation. RESOLUTIONRECEIVE & REFER REQUEST LIMIT IN THE WALDEN OAKS SUBDIVISION ►1 FORWARD TO NYS DOT FOR APPROVAL Motion by Councilman Pilato Seconded by Councilman Testa VOTES: ALL AYE ADOPTED WHEREAS, a request was made by the Walden Oaks Association to reduce the speed limit in the Walden Oaks subdivision to 25 mph, and WHEREAS, the roads within the development are town roads, therefore BE IT RESOLVED, the Town Board does hereby receive and authorize the request be sent to NYS D.O.T. for approval, via the County Highway Sup't. for their input, as required. A discussion was held concerning attaching flags to newly erected signs indicating a change has taken place. Highway Sup't., Carl Bush stated he would provide the flags. RESOLUTION #238 AUTHORIZE TOWN JUSTICE TO APPLY FOR GRANT THROUGH THE STATE OF NEW YORK UNIFIED COURT SYSTEM . Motion by Councilman O'Donnell Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED WHEREAS, the Town Board of the Town of Cortlandville received a request from their Town Justice, Mardis Kelsen, and WHEREAS, the request was in reference to Governor Pataki signing into law a measure establishing the Justice Court Assistance Program, and WHEREAS, this program would allow town and village courts to apply to the Chief Administrative Judge for a grant of State funds not to exceed $20,000, to assist in the operation of their courts, therefore BE IT RESOLVED, the Town Board is in agreement the Town should be a recipient to these grant monies, and it is further RESOLVED, the Town Board does hereby authorize Town Justice, Mardis Kelsen to apply for such a grant. 176 NOVEMBER 17, 1999 TOWN BOARD MEETING PAGE 6 Councilman Rocco made a motion, seconded by Councilman O'Donnell, to receive and file notice of appropriation from the NYS DOT for property on Dryden Road, map #93 parcel #100. All voting aye, the motion was carried. Councilman Rocco made a motion, seconded by Councilman O'Donnell, to receive and file notice of appropriation from the NYS DOT for property on.Dryden Road, map #97 parcel #104. All voting aye, the motion was carried. Councilman Rocco made a motion, seconded by Councilman O'Donnell, to `receive and file notice of appropriation from the NYS DOT for property on Dryden Road, map #98 parcel #105. All voting aye, the motion was carried. Councilman Rocco made a motion, seconded by Councilman O'Donnell, to receive and file notice of appropriation from the NYS DOT for property on Dryden Road, map #100 parcel #108. All voting aye, the motion was carried. Councilman Rocco made a motion, seconded by Councilman O'Donnell, to receive and file notice of appropriation from the NYS DOT for property on Dryden Road, map #108 parcel #118. All voting aye, the motion was carried. Councilman Rocco 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 5:25 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 Testa 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 6:30 p.m. Respectfully submitted, wren QQ. Snyder Town Clerk Town of Cortlandville