Loading...
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. 1 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. 1 1 1 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. F__J 1 1 -�3CQ 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. 1 1 1 OCTOBER 18, 2000 PAGE 7 1 1 J 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