HomeMy WebLinkAbout10-18-2000OCTOBER 18, 2000 5:00 P.M.
PUBLIC HEARING NO. 1
LOCAL LAW - 2000
NOTIFICATION OF AQUIFER PROTECTION PERMITS
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 the enactment of a Local
Law amending the Zoning Ordinance relating to the publication of notices for public
hearings related to the issuance of Aquifer Protection Permits.
Members present:
Absent:
Supervisor, Raymond Thorpe
Councilman, Edwin O'Donnell
Councilman, Ronal Rocco
Councilman, John Pilato
Town Clerk, Karen Snyder
Councilman, Theodore Testa
Others present were: Town Attorney, John Fohner and Highway Sup't, Carl Bush;
Water & Sewer Sup't, Peter Alteri; PTM representative, Les Sandman; Town Planning
Board member, Nick Renzi; Bernie Thoma and Ann Hotchkin of Thoma Development;
town resident, Dave Basile; Linda Smith; Ron Howe 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.
Attorney Folmer advised the Board of the proposed Local Law. The proposal is to
amend the current Zoning Ordinance for the publication of Aquifer Protection Permits.
Adoption of this Local Law would allow legal notices to be published not more than 15
days and not less than 5 days to hold a public hearing. This would allow applicants of an
Aquifer Protection Permit an expeditious turn around for a possible approval. Enabling
the construction of their proposed project to commence promptly.
Councilman Rocco agreed adoption of the proposed Local Law would certainly
assist with the process of an Aquifer Protection Permit for applicants.
With no further comments or questions heard, the Public Hearing was closed.
Councilman Rocco made a motion, seconded by Councilman Pilato, to close the
Public Hearing. All voting aye, the motion was carried.
The Public Hearing was closed at 5:03 p.m.
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OCTOBER 18, 2000
5:03 P.M.
PUBLIC HEARING NO.2
AQUIFER PROTECTION PERMIT
PALL TRINITY MICRO
TAX MAP #95.12-01-07.000
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 construction of a 22' x 80' metal frame single story building adjoining
existing PTM facility on Route 281.
Members present:
Absent:
Supervisor, Raymond Thorpe
Councilman, Edwin O'Donnell
Councilman, Ronal Rocco
Councilman, John Pilato
Town Clerk, Karen Snyder
Councilman, Theodore Testa
Others present were: Town Attorney, John Fohner and Highway Sup't, Carl Bush;
Water & Sewer Sup't, Peter Alteri; PTM representative, Les Sandman; Town Planning
Board member, Nick Renzi; Bernie Thoma and Ann Hotchkin of Thoma Development;
town resident, Dave Basile; Linda Smith; Ron Howe 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.
Supervisor Thorpe offered privilege of the floor to Les Sandman representing Pall
Trinity Micro.
Mr. Sandman stated the submission of the Aquifer Protect Permit is to expand the
existing facility of PTM. The proposed expansion would construct a 22' x 80' metal frame
where a current loading dock is located. A variance to the Zoning Board of Appeals has
also been submitted for this expansion.
Due to the demand of a product that. PTM currently processes there is a necessity to
expand the existing facility.
Attorney Folmer asked if the Cortland County and Town Planning Boards
recommendations have been received. It was stated they have not been received.
Attorney Fohner recommended the public hearing be recessed until the next Town
Board meeting in order to receive and review the Planning Boards recommendations
before an approval is sought.
With no further- comments or questions heard the Public Hearing was recessed.
Councilman O'Donnell made a motion, seconded by Councilman Rocco, to recess
the Public Hearing. All voting aye, the motion was carried.
The Public Hearing was recessed at 5:10 p.m.
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OCTOBER 18, 2000
TOWN BOARD MEETING
5:10 P.M. 3a
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:
Absent:
Supervisor, Raymond Thorpe
Councilman, Edwin O'Donnell
Councilman, Ronal Rocco
Councilman, John Pilato
Town Clerk, Karen Snyder
Councilman, Theodore Testa
Others present were: Town Attorney, John Folmer and Highway Sup't, Carl Bush;
Water & Sewer Sup't, Peter Alteri; PTM representative, Les Sandman; Town Planning
Board member, Nick Renzi; Bernie Thoma and Ann Hotchkin of Thoma Development;
town resident, Dave Basile; Linda Smith; Ron Howe and News reporter, Chris Nolan.
Supervisor Thorpe called the meeting to order following two Public Hearings.
Councilman O'Donnell made a motion, seconded by Councilman Rocco, to
approve the Town Board Minutes of July 19`h and August 2"d, 2000 as written. All voting
aye, the motion was carried.
Councilman Pilato made a motion, seconded by Councilman O'Donnell, to receive
and file Cortlandville Planning Board Minutes of August 29, 2000. All voting aye, the
motion was carried.
Councilman O'Donnell made a motion, seconded by Councilman Pilato, to receive
and file Zoning Board of Appeal Minutes of June 2ri, July 251h, and August 29", 2000. All
voting aye, the motion was carried.
RESOLUTION #191 AUTHORIZE PAYMENT OF VOUCHERS - OCTOBER
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 #544 - 560
$
8,010.05
General Fund B
127 - 129
$
842.51
Highway Fund DB
371 - 393
$114,417.67
Water Fund
262 - 279
$
10,220.72
Sewer Fund
152 - 160
$
3,169.01
Capital Projects
46 - 46
$
15,500.00
Supervisor Thorpe
offered privilege of the floor to
Bernie
Thoma of Thoma
Development.
Mr. Thoma indicated Thoma Development has been retained by the Cortland
County Business Development Corp. to assist them in the submission of an Empire Zone
application for Cortland County to the State of New York. The Empire Zone Program was
formally known as the Economic Development Zone Program.
In the proposed zone, a portion of Cortlandville is included. If an Empire Zone is
designated, the zone will contain 1280 acres (two square miles) of property within
Cortland County. Due to eligibility requirements, 960 acres must be located in the City of
Cortland. Up to 320 acres can be designated as "nearby lands" and located anywhere else
In the County. Some acreage will be placed in a land bank and be designated as economic
need is identified.
E a �P OCTOBER 18, 2000 PAGE 2
A designated Empire Zone would allow businesses that qualify, to reap benefits
due to their expansion for ten years. Such as wage tax credits, investment tax credits, sales
tax exemption, capital tax credits, real property tax credits, utility rate reductions and tax
reductions at income tax levels. New York's Empire Zones may be virtually tax-free
zones. The principal Empire Zone benefits are financed by New York State and will not
come from local tax dollars or cause reduction in local tax dollars.
As part of the application the County, the primary applicant, would need to adopt a
Local Law designating the Empire Zone. The governing body of each city, town or
village in which the Zone is to be located would need to adopta resolution concurring. It
has been asked that the town also adopt a resolution to offer an exemption through real
property taxes called the 485-e. The town already has in place an exemption for
businesses with new construction called the 485-b. The two exemptions are similar. The
exemption applies to new construction only and gives a ten-year tax incentive. The
application must be submitted by December 1, 2000 to the State.
Linda Smith, president of the Labor Council for the Cortland area along with
several other counties was given privilege of the floor.
Ms. Smith asked of tine Board before they passed a resolution to concur with the
Counties Local Law, to consider the Labor Law violations Monarch Tool has been
charged with. Monarch Tool is designated as part of the proposed Empire Zone.
Monarch Tool has been charged with the firing of employees within the union.
Supervisor Thorpe interjected by stating the, "Town Board of Corllandville will not
allow themselves to get caughtbetween the union and the LNRB. The discussion is
regarding the designation of an Empire Zone".
Ms. Smith understood the meeting tonight was a public hearing for the proposed
Empire Zone and apologized for the misdirection.
Attorney Folmer stated the concern being expressed is because the alleged offender,
Monarch Tool, is located within the Town of Corllandville. Mr. Folmer concurs with
Supervisor Thorpe. There is an administrative judicial process with the LNRB to deal with
this issue. It is not within this Board to enforce or be involved with the union or the LNRB
regarding charges against Monarch Tool. Monarch Tool chooses to appeal a decision by
the LNRB. They have the administrative and legal right to do so.
Ron Howe former employee of Monarch Tool agreed with Attorney Folmer adding
that the proposed Empire Zone is progress. The government should not reward
businesses with tax incentives especially when the business does not abide by union rules.
Councilman Rocco thanked Linda Smith and Ron Howe for attending.
Supervisor Thorpe offered privilege of the floor to Dave Basile of Hillside Drive.
Mr. Basile stated he is the owner of a lot on Hillside Dr. and is in the process of
building a new home. He has received a bill from a contractor for the installation of town
water and sewer. The bill is of a large amount and is looking for relief from the town.
It was discussed when water was installed within Hillside Dr, a curb box was never
installed on this property. Mr. Basiles contractor had to bring the water in from across the
roach. Which was costly. Sewer was available on the side of the roach Mr. Basiles
property is located.
When a water and or sewer project occurs within the town the property owner is
asked where the line should be installed. The installation of a main is only so far into the
property. The rest of the installation is the property owner's responsibility. In Mr. Basiles
case no installation transpired due to the properly was vacant.. It was also stated water is
not mandatory by the town, only an option.
Supervisor Thorpe read from the Town's Water & Sewer Ordinance. "All water
services shall be installed by the Town Water Superintendent his agents or employees or
such persons as he may designate at the expense of the consumer."
After discussing with Mr. Basile the procedure for the installation of water and
sewer he understood the town was not responsible for added costs to a property owner.
Monthly reports of the Justice for September 2000, the Town Supervisor for
August 2000 are on the table for review and filed in the Town Clerk's office.
Supervisor Thorpe advised the Board of the reduction in the water loss. Several
years ago the loss of water through leaks was at 15% to 20%. With the filing of the 4`t'
quarter Water and Sewer Report it is indicating a 1 % loss. Supervisor Thorpe
commended the Water and Sewer Department for a job well done.
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OCTOBER 18, 2000 PAGE 3
Councilman Pilato made a motion, seconded by Councilman O'Donnell to receive
and file the 4`' quarter Water and Sewer Report. All voting aye, the motion was carried.
RESOLUTION #192 ADOPT LOCAL LAW NO. 7 OF 2000 AMENDING
SECTION 178-48 OF THE ZONING LAW OF THE TOWN
OF CORTLANDVILLE - THE TIMING OF NOTICE OF
PUBLIC HEARINGS FOR AQUIFER PROTECTION
PERMITS
Motion by Councilman Rocco
Seconded by Councilman O'Donnell
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 "Proposed Amendment to Section 178-48 - relating to the
timing of Notice of Public Hearings for Aquifer Protection Permits", 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, after due deliberation, finds it
in the best interest of the Town to adopt said Local Law
NOW, THEREFORE, the Town Board of the Town of Cortlandville hereby adopts said
Local Law as Local Law No. 7 - 2000 entitled as indicated hereinabove, a copy of which
is attached hereto and made a part hereof, and the Town Clerk be and she hereby is
directed to enter said Local Law in the minutes of this meeting and in the Local Law Book
of the Town of Cortlandville, and to give due notice of the adoption of said Local Law to
the Secretary of State.
Be it enacted by the Town Board of the Town of Cortlandville as Follows:
Section 1. The first sentence of Section 178-48 of the Zoning Ordinance of the
Town of Cortlandvihe is deleted and the following substituted therefor:
A public hearing shall be held in regard to granting such special
permit, and notice of the public hearing in regard to the granting of
such special permit shall be published in the official town
newspaper not more than 15 days and not less than 5 days before
the date of such public hearing.
Section 2. This Local law shall take effect upon notice given to the Secretary of
State of the State of New York as required by law.
RESOLUTION #193 TABLE ACTION ON AQUIFER PROTECTION PERMIT
SUBMITTED BY PALL TRINITY MICRO
Motion by Councilman Rocco
Seconded by Councilman Pilato
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, action on an Aquifer Protection Permit submitted by Pall Trinity
Micro for property located at Route 281, tax map #95.12-01-07.000, is hereby tabled until
the Board's next meeting of November 15, 2000 in order 'to receive the Cortland County
and Town Planning Boards recommendations.
OCTOBER 18, 2000 PAGE 4
RESOLUTION #194 SCHEDULE PUBLIC HEARING REGARDING
THE 2001 PRELIMINARY BUDGET
Motion by Councilman Rocco
Seconded by Councilman O'Donnell
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, a Public Hearing is hereby scheduled to be held on November 1,
2000 at 7:00 p.m. regarding the 2001 Preliminary Budget, and further
RESOLVED, that 20 copies shall be made available for distribution to the public on
October 30, 2000.
RESOLUTION #195 SCHEDULE DATE TO ADOPT 2001 PRELIMINARY
BUDGET AS THE 2001 ADOPTED BUDGET
Motion by Councilman Rocco
Seconded by Councilman Pilato
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board shall adopt the 2001 Preliminary Budget as the 2001
Adopted Budget on November 15, 2000 at 5:00 p.m.
Town Clerk, Karen Snyder apprised the Board of a teleconference to be held at the
County Office Building on October 25, 2000. The teleconference is regards to
"Intermunicipal Cooperation."
Attorney Folmer reported:
Empire Zone:
Bernie Thoma has prepared resolutions for both concurring with the County's Local
Law on the Empire Zone and the proposed 485-e program. Mr. Folmer will review these
resolutions and prepare them for the Board to be adopted at the next meeting.
Isabel Drive Code Violation:
Attorney Folmer recalled to the Board a code violation -within the town of the
parking of a school bus within a residential area. Mr. Folmer has in his possession
documents between CEO Bruce Weber and the property owner. These documents lack
actual dates of the parking of the bus. In order for Mr. Folmer to draw up legal documents
for the court he needs dates the violations occurred. Mr. Folmer has been in contact with
Mr. Pace, who has brought the complaint to the Board. Mr. Pace will be supplying
Attorney Folmer with dates.
PTM:
A PTM representative spoke to Attorney Folmer regarding penalties imposed on
PTM's water and sewer bill from the town. It was a brief conversation. Mr. Folmer is
requesting more information regarding this issue. The Board should at that time discuss the
penalty issue.
Attorney Folmer apprised the Board he will not be attending their next board
meeting, as he will be in Buffalo to attend a legal education program.
Councilman Rocco made a motion, seconded by Councilman O'Donnell, to receive
and file correspondence from NYS DOT to Lydia Ferro regarding the speed limit on
McLean Road. All voting aye, the motion was carried.
The correspondence indicated the NYS DOT carefully considered the speed lunit
issue. They have determined the 45-MPH is an appropriate speed for existing conditions
on McLean Road.
OCTOBER 18, 2000 PAGE 5
Councilman Rocco expressed his concern and discouragement regarding the
decision of the NYS DOT. Mr. Rocco asked of the Board if a letter could be addressed to
the Regional Traffic Engineer Barry Stevens, letting him know how disappointed the Town
Board is with the determination of the speed limit remaining at 45-MPH. Adding a copy of
the letter be sent to Mrs. Lydia Ferro of McLean Rd. who represents the residents within
the area.
RESOLUTION #196 AUTHORIZE TOWN SUPERVISOR TO DRAFT A LETTER
TO BARRY STEVENS, REGIONAL TRAFFIC ENGINEER
OF THE NYS DOT
Motion by Councilman O'Donnell
Seconded by Councilman Rocco
VOTES: ALL AYE ADOPTED
WHEREAS, after several complaints and petitions filed by residents of McLean Road the
Town Board petitioned the NYS DOT to review the current speed limit. on McLean Road,
requesting the speed be reduced to 35-MPH, and
WHEREAS, after investigating the situation the NYS DOT Regional Traffic Engineer,
Barry Stevens finally responded to the petition, and
WHEREAS, the response from the NYS DOT determined the current speed limit. of 45-
MPH is adequate for the area, therefore
BE IT RESOLVED, the Town Board hereby authorizes and directs the Town Supervisor
to address a letter to Barry Stevens, Regional Traffic Engineer for the NYS DOT
expressing the town's disappointment with the final decision, and it is further
RESOLVED, a copy of such letter- shall be sent to Mrs. Lydia Ferro representative of the
McLean Road residents.
Councilman Rocco made a motion, seconded by Councilman O'Donnell, to receive
and file correspondence from MacNeill-Tagg Engineers regarding the drainage within the
Renaissance Development. All voting aye, the motion was carried.
RESOLUTION #197 AUTHORIZE SUPERVISOR TO SIGN MACNEILL-TAGG
ENGINEERS PROPOSAL FOR A DRAINAGE
INVESTIGATION WITHIN THE RENAISSANCE
DEVELOPMENT
Motion by Councilman Rocco
Seconded by Councilman O'Donnell
VOTES: All AYE ADOPTED
BE IT RESOLVED, the Town Supervisor is hereby authorized and directed to sign a
proposal from MacNeill-Tagg Engineers for a clrainage investigation within the
Renaissance Development for a fee of $12,500.00 plus any direct costs, and it is further
RESOLVED, the interim findings report will be delivered to the town by MacNeil-Tagg
Engineers around January 15, 2001 with a final report approximately by March 1, 2001.
Supervisor Thorpe advised the Board he had briefly spoke with Bernie Thoma of
Thoma Development to possibly assist the town with applying for grant monies to help
with the Renaissance Development drainage problems.
Councilman Rocco made a motion, seconded by Councilman Pilato, to receive and
file the Planning Board Training Program sponsored by the Town of Cortlandville. All
voting aye, the motion was carried.
The training program will be held at TC3 on November 1" and 2nd, 2000 and is
opened to all Planning Board members within the county.
OCTOBER 18, 2000 PAGE 6
Supervisor Thorpe opened a discussion on the proposed Municipal Building. If the
proposed building is bonded the O & M costs will increase.
Nick Renzi stated the cost could be equally divided at $72,000.00 per year for ten
years. The old vacated fire station where water and sewer equipment is currently stored, is
in poor shape and inefficient. It is not cost effective to repair and reconstruct this existing
building.
The Board discussed selling the vacated fire station and utilizing monies from the
sale to build the proposed municipal building.
The Board agreed to table any further discussion and action until the next. Board
meeting.
Councilman Rocco made a motion, seconded by Councilman O'Donnell, to receive
and file the 2001 Proposed Waste Water Treatment. Plant. Operating Budget. All voting
aye, the motion was carried.
RESOLUTION #198 APPOINT JEFFREY MACLEAN AS A WATER & SEWER
OPERATOR EFFECTIVE OCTOBER 30, 2000
Motion by Councilman Rocco
Seconded by Councilman Pilato
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby appoint Jeffrey MacLean of 7 E.
Academy St., McGraw, NY, as Water & Sewer Operator, effective October 30, 2000, and
it is further
RESOLVED, based upon Mr. MacLean's experience, his NYS certification, and the Water
& Sewer salary schedule the salary shall be $27,808.80.
Councilman O'Donnell made a motion, seconded by Councilman Pilat.o, to receive
and file correspondence from residents of Westmore Lane regarding their request to have
town sewer installed within the area. All voting aye, the motion was carried.
ARRIVAL OF TOWN ENGINEER HAYNE SMITH
The Board discussed with Town Engineer Smith the costs of adding Westmore
Lane to the proposed Highland/Kinney Gulf Road Sewer Project. Mr. Smith indicated the
proposed project is already costly. The project cost to add Westmore Lane could be
approximately $60,000.00 to $70,000.00 additional monies to be spent.
Supervisor Thorpe indicated the town has not been informed that septics within
Westmore Lane are failing as they are within other areas of the town. Mr. Thorpe urged
the Board not to commit to this issue at this particular time.
Mr. Smith recommended to the Board to add the area of Westmore Lane to the
town's project schedule for future expansion. Adding the town should be consistent with
other area's that have requested town utilities.
Supervisor Thorpe stated when developers move into the town and develop areas
with septics, these private utilities begin to fail over the years. The public health and safety
of the residents then become the responsibility of the town.
Councilman O'Donnell added those properties with septics are not being taken care
of as they should be. When these septics fail from neglect then the property owner(s)
come to the town for the installation of town sewer at the cost of other taxpayers.
The Board agreed to table any action with the Westmore Lane issue.
RESOLUTION #199 REFER ZONE CHANGE REQUEST OF DANIEL F.
MCNEIL TO THE TOWN AND COUNTY PLANNING
BOARDS FOR THEIR REVIEW AND
RECOMMENDATIONS
Motion by Councilman Rocco
Seconded by Councilman O'Donnell
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, a Zone Change Request submitted by Daniel F. McNeil for property
located on Crestwood Court, Tax Map #86.09-01-38.000, shall be referred to the Town
and County Planning Boards for their review and recommendations.
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OCTOBER 18, 2000
PAGE 7
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Supervisor Thorpe apprised the Board
regarding penalties charged on their water and
are a state agency and do not pay penalties.
After a brief discussion on penalties,
address a letter to the NYS DEC indicating
penalties.
of a letter he received from the NYS DEC
sewer bill. The NYS DEC indicated they
the Board requested Supervisor Thorpe
the Town's policy regarding payment of
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 6:25 p.m.
Resp " tfully submitted,
Karen Q. Snyder
Town Clerk
Town of Cortlandville