HomeMy WebLinkAbout07-17-2002JULY 17, 2002 5:00 P.M.
�13
E
1
C
1
TOWN BOARD MEETING
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:
Supervisor, Raymond Thorpe
Councilman, Theodore Testa
Councilman, Edwin O'Donnell
Councilman, John Pilato
Councilman, Ronal Rocco
Town Clerk, Karen Q. Snyder
Others present: Town Attorney, John Folmer; Highway Sup't., Carl Bush: Water &
Sewer Sup't., Peter Alteri; James Trasher of Clough, Harbour & Associates; Planning
Board member, Nick Renzi; Jill Giocondo of the Cortland Standard; and resident Lydia
Ferro.
Supervisor Thorpe called the meeting to order.
Councilman Rocco made a motion, seconded by Councilman O'Donnell, to
approve the Town Board minutes of May 01, 2002 as written. All voting aye, the motion
was carried.
Councilman Rocco made a motion, seconded by Councilman Pilato, to approve the
Town Board minutes of June 05, 2002 as written. All voting aye, the motion was carried.
Motion by Councilman Rocco
Seconded by Councilman O'Donnell
MOTES: ALL AYE ADOPTED
BE IT RESOLVED, the vouchers submitted have been audited and shall be paid as
follows:
General Fund A
Vouchers #318 -
340
$
46,921.25
General Fund B
B89 -
B97
$
54,696.00
Highway Fund DB
D242 -
D271
$
95,613.53
Water Fund
W 142 -
W 160
$
13,881.38
Sewer Fund
S73 -
S77
$
817.82
Capital Projects
H24 -
H27
$
80,543.18
Supervisor Thorpe apprised those in attendance of the meeting which took place
Monday, July 15'`, 2002 at the Business Development Corporation office, regarding the
Build Now New York Program. The BDC is considering applying for the appropriate
rants in order for the property south of and behind Monarch to be designated as light
industrial. The only issue that arose was whether or not water and sewer could be -run to
the site. Supervisor Thorpe stated it would be possible to have water and sewer at the
specific site, however the Town would not pay for it.
Town Engineer Hayne Smith was asked to come up with an estimate of what would
be required to run both water and sewer to the property under five alternate sites.
Supervisor Thorpe stated he would transmit the information to the BDC once he knows
what is involved.
Supervisor Thorpe stated the property includes more than 170 acres. A portion of
the property is owned by Mr. Gutchess, while the other portion is owned by Mr. Osbeck.
Planning Board member Nick Renzi questioned Supervisor Thorpe whether
agreeing to run water and sewer to the site is in accordance with the Wellhead Protection
Plan.
qH JULY 17, 2002 TOWN BOARD MEETING PAGE 2
Supervisor Thorpe stated it should be clear there is no deviation from the Land
Use/Aquifer Protection Plan or the Wellhead Protection Plan.
Councilman Rocco questioned what would prevent a mall from being built at the
site.
Supervisor Thorpe stated the Planning Board could prevent a mall from being built.
He stated the intent of the BDC is for light industrial use.
Councilman O'Donnell stated the BDC favored mixed use, which would include.
business offices as well as retail stores.
Supervisor Thorpe offered privilege of the floor to Planning Board member Nick
Renzi.
Nick Renzi apprised the Board, without criticizing Highway Sup't. Carl Bush and
Water & Sewer Sup't. Peter Alteri, regarding the sewer extension on Raphael Drive to tie
in Ted Hoffman's fine, which will be paid for by Mr. Hoffman. Mr. Renzi stated the job
was completed without any official drawings. Drawings should have been made by Ted
Hoffman and submitted to Water & Sewer Sup't., Peter Alteri, Highway Sup't., Carl Bush,
and Town Engineer, Hayne Smith for approval and filing.
Mr. Renzi stated Peter Alteri made a sketch for the sewer extension, which he
should not have done. He stated althou*h capable, Mr. Alteri is not a professional engineer
and should not have been put in the position he was in.
In the future, when it may be necessary to look at maps of the sewer extension,
there will be no drawings in the file, which could cause problems. Mr. Renzi stated the
situation should never have occurred, nor should it happen again. Approval should come
from the Town Engineer prior to the start of any project.
Supervisor Thorpe offered privilege of the floor to those in attendance.
Councilman O'Donnell briefly discussed Borg Warner in respect to the Wellhead
Protection Plan.
He also stated he spoke with the Co -Chairman of the McGraw Library Campaign
who was concerned about the proposed Wellhead Protection Plan. Councilman O'Donnell
indicated to those concerned the Board is working on defining the plan and establishing
that as long as a company can demonstrate there is no danger to the aquifer, they will have
the opportunity to approach the Board.
Supervisor Thorpe stated it has already been indicated the Wellhead Protection Plan
draft will be modified.
Town Attorney John Folmer stated he would apprise the Board later in the meeting
regarding the Wellhead Protection Plan, which should alleviate some concerns.
Councilman Testa questioned when the Town would run water to Blodgett Mills.
He asked if it would be cheaper for Blodgett Mills to have its own water well rather than
running the Town's water to the area. He stated research should be completed.
Supervisor Thorpe stated it is obvious something will have to be done regarding
water supply to McGraw and Blodgett Mills.
Councilman Rocco questioned what steps the Board could take to study the matter.
Councilman Testa stated the Board could contact Tim Buhl of Resource Associates,
or James Trasher from Clough, Harbour & Associates, to conduct a water study to
research the quality/quantity of water.
Nick Renzi stated if one could assume water was available to Blodgett Mills and
McGraw, how much money would it cost the Town to put in a pumping station and a tank,
versus how much money it would cost to run a line to the area.
Councilman O'Donnell stated he has not heard of any resident of Blodgett Mills
having water problems. However, he stated people feel their homes are not as valuable
because water and sewer is not presently available.
Supervisor Thorpe stated if the Town runs a water and sewer main to Blodgett
Mills, without a public outcry, residents may complain about having to hook up to the
main if their well is adequate.
Councilman Testa stated his point was the Town would have to research the issue
for the future and should therefore start the process.
Water and Sewer Sup't., Peter Alteri stated fire protection is another issue regarding
water, which he and Cortlandville Fire Chief Kevin Whitney have discussed. He stated he
and Mr. Whitney have discussed how to run water underneath the train tracks in Blodgett
Mills, and have questioned if the source would be adequate enough from the river. He
stated fire protection should be another thought as it also affects insurance rates.
Councilman Testa questioned if such research was included in the contract with
Clough, Harbour & Associates.
1
JULY 17, 2002 TOWN BOARD MEETING PAGE 3
James Trasher of Clough, Barbour & Associates stated the company could be
authorized to do anything for the Town. Be stated a cost estimate to bring water and
sewer to Blodgett Mills as well as to put up a water tank could be provided in less than a
day if necessary.
Councilman Rocco stated he believes the .cost will be quite expensive, yet the
information is necessary.
Supervisor Thorpe stated the Town must know how much money it will cost to run
a line from the Town to Blodgett Mills, as well, as how much money it will cost to drive
wells assuming there is a productive well in the area.
Councilman Rocco questioned whether any new development has been occurring in
Blodget Mills.
Councilman Testa stated no, however he believes if .water and sewer were available
there would be more development.
PI ' g Board member Nick Renzi questioned if there was a water problem in
Blodgett rdisat this time?
Coucilman Testa questioned how much money Clough, Barbour & Associates
would charge for the research to be completed.
Mr. Trasher stated there is a rate schedule set up for the Town, meaning the expense
to the Town would not be too costly.
Supervisor Thorpe stated McGraw should also be included in the study.
RESOLUTION AUTHORIZE1 1 CONTRACT
STUDYOF 1; 1 RUN WATER AND
Motion by Councilman Rocco
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
WHEREAS, the,Town Board expressed an interest in determining the cost estimate to run
water and sewer to Bloggett Mills and McGraw, therefore
BE IT RESOLVED, the Town Board does hereby- authorize and direct the Supervisor to
contract with Clough, Barbour & Associates to investigate the cost and other options of
running a water and sewer line to Blodgett Mills and McGraw.
The monthly report for the Justice for June 2002 is on the table for review and filed
in the Town Clerk's office.
Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive
and file the 3' Quarter dater and Sewer Report. All voting aye, the motion was carried.
Town Clerk Snyder stated she received a letter from Vice President & Trust Officer,
John Poli and Assistant Treasurer, Susan Updike, representing Tompkins Trust Company.
In the letter, Mr. Poli and Ms. Updike stated the company will be expanding its presence in
the Cortland area. They would therefore like to meet with Town Clerk Snyder to discuss
how the Trust Company could be of service to the Town.
Councilman Rocco made a motion, seconded.by°Councilman O'Donnell, to receive
and file correspondence from Vice President & Trust Officer, John Poh and Assistant
Treasurer, Susan Updike of Tompkins Trust Company to Town Clerk Snyder. All voting
aye, the motion was carried.
Councilman Rocco made 'a motion, seconded by Councilman O'Donnell, to receive
and file correspondence from Philip I. Frankel of Rifken, Frankel, Greenman, Friedman &
Levine, to Town Clerk Snyder. All voting aye, the motion was carried.
The correspondence was in regards to Bruunch, Inc., doing business as Doug's Fish
Fry Restaurant located at 3638 Route 281, tax map #95.12-01-08.000. Breunch, Inc.
presently owns a wine and beer license from the NYS Liquor Authority pursuant to
Alcohol Beverage Control Law (ABC) Section 64(a), and intends to apply for an
Application to Alter under Section 99-d of the ABC Law.
q I (0 JULY 17, 2002 TOWN BOARD MEETING PAGE 4
Attorney Folmer Reported:
Games of Chance:
Attorney Fohner. stated he drafted a Local Law, which would authorize Games of
Chance within the Town, outside of the Village of McGraw, to supplement the
authorization the Board has already enacted regarding Bingo. Attorney Folmer apprised
the Board a Public Hearing must be held, the Local Law must be adopted, which must then
be approved by referendum at the November General Election. The Ballot Question must
be turned into the Election Office by Labor Day in order for it. to be printed and added to
the ballot.
Attorney Folmer stated he will be out of town the week of August ,19*, 2002, which
is the week of the Town Board's second meeting in August. He requested the Public
Hearing be set for August 7, 2002 at 7:00 p.m.
RESOLUTION #154 SCHEDULE PUBLIC HEARING FOR LOCAL LAW — 2002
CAMCAMES OF CHANCE
Motion by Councilman Pilato
Seconded by Councilman Rocco
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, a Public Hearing shall be scheduled for August 7 h, 2002 at 7:00 p.m.
for Local Law - 2002 Games of Chance.
Wellhead Protection Plan:
Attorney Folmer stated he has given considerable thought to his revision of the
Wellhead Protection Plan. Several comments were given to Attorney Folmer regarding the
Plan, including Les Sandman of Pall Trinity, which he stated were greatly appreciated.
Attorney Folmer stated his revisions should be completed and ready to submit to
the County Planning Board prior to its meeting August 2" a, 2002. At the same time the draft
is submitted to the County Planning Board, he will provide a copy to Mr. Sandman at Pall
Trinity, Mike Chernago representing Bestway Enterprises, a representative of° Borg
Warner, Attorney Ted Hoffman representing Homer Gutchess, Attorney Mike Shafer
representing Rerob, LLC, the Planning Board and Zoning Board of Appeals chairmen, all
Town Board Members, CEO, Bruce Weber, and James Trasher of Clough, Harbour &
Associates.
Attorney Folmer apprised the Board of the general changes he has made to the
Wellhead Protection Plan. The statement of intent was rewritten to include the fact the
Town is attempting to preserve and protect the water quality for the aquifer, but at the same
time encourage appropriate commercial and industrial development within areas of the
Town.
The list of thirty-two prohibited uses and activities has been removed from
Appendix A, Zone lA Prohibited Uses and Activities and have been included in the
statement of intent. The statement of intent states the thirty-two uses is a generic list of
activities which have the potential to cause an adverse affect on the 'aquifer. The definition
of an "adverse affect'upon the aquifer" is already defined in the ordinance.
Attorney Folmar stated he established a process by which CEO Bruce Weber will
be required to make two decisions when an applicant requests any type of permit. CEO
Bruce Weber will first have to decide. whether the real property falls within the zones of
the Wellhead Protection Plan. If the property does fall within the zones, CEO Weber will
then have to decide, if the specific process causes a potential threat to the aquifer. If there is
a potential threat'the Wellhead Protection Plan will then be relied upon. If CEO Weber
does not feel comfortable making the decision, Attorney Folmer stated in his draft of the
ordinance he has given the CEO authority to call upon outside expertise. Furthermore, if
outside expertise is necessary, the cost will be the responsibility of the applicant.
In the event CEO Bruce Weber makes a decision the applicant does not agree with,
there is an appeals process by which the applicant can appeal to the Town Planning Board.
The Planning Board can either affirm or overturn the decision. If the applicant is
dissatisfied with the Planning Board's decision, the applicant may appeal to the Town
Board.
•
•
1
JULY 17, 2002 TOWN BOARD MEETING PAGE 5
The Town Board will base its determination on the materials presented to CEO
Weber and the Planning Board. There will not be a Public Hearing. The Board shall base
its decision on the records maintained by the Planning Board, in which the Planning Board
must include reasons for its determinations in its minutes. If the Board merely confirms the
Planning Boards decision it will do so by a simple majority. However, if the Board votes
to override the decision it must do so by majority plus one vote. The Board is not
permitted to override a decision unless it finds the decision made by the Planning Board to
be arbitrary and capricious, which is consistent with Article 78 proceedings of the Civil
Practice Law.
In reviewing the present ordinance, Attorney Folmer stated there are between fifteen
and twenty amendments that must be made in the basic zoning law to be consistent with the
Wellhead Protection Plan. The most important amendment to be made is in regards to the
initial determination of permits. The Town Planning Board, rather than the Town Board,
will be vested with the authority to grant the permits as it will be working with the Land
Use/Aquifer Protection Plan on a daily basis.
Secondly, Attorney Folmer stated if an applicant is required to comply with the
terms of the Wellhead Protection Law to obtain a permit, the information submitted with
the application must also comply with the requirements of the desired permit. The
Planning Board will look at an application in terms of the Wellhead Protection Plan as well
as the type of permit applied for in one process.
Attorney Folmer stated most of the comments he received dealt with two specific
issues. The first issue was that there should be a way in which commercial activity may be
permitted to operate within the zones. The second issue was there ought to be an appeals
process. Attorney Folmer has addressed both issues regarding the Wellhead Protection
Plan. Although he cannot be sure everyone will be happy with what has been drafted,
Attorney Folmer stated he has worked hard on the ordinance and is pleased with his work.
Planning Board member Nick Renzi questioned whether Attorney Folmer
addressed the expansion of existing manufacturing facilities.
Attorney Folmer stated he would not discuss in any more detail what he has done
with the Wellhead Protection Plan. He stated the present language of the draft states any
"expansion or change," while his draft calls for "any expansion or change, which requires
the issuance of a permit pursuant to."
Mr. Renzi requested a copy of Attorney Fohmer's draft once completed, and asked
for a copy of Les Sandman's letter regarding the Wellhead Protection Plan. Mr. Renzi
spoke briefly yet highly of W. Sandman.
Attorney Folmer stated he would be happy to provide Mr. Renzi with a copy of the
draft once it is completed, as well as a copy of Mr. Sandman's letter. He continued to
praise Mr. Sandman s comments regarding the plan as Mr. Sandman commented on each
of the thirty-two prohibited uses.
Attorney Folmer stated the comment period ends Friday, July 19`'', 2002. No
further comments regarding the plan have been received recently. He stated he heard from
Mr. Sandman, Roy Susskind, Attorney Ted Hoffman representing Homer Gutchess,
Attorney Mike Shafer on behalf of Rerob, LLC, is aware Bor; Warner is concerned, and
has spoken with Mike Chernago representing Bestway Enterprises.
Attorney Folmer asked the Board for permission to submit the revised Wellhead
Protection Plan, if completed on time, to the County Planning Board prior to their meeting
August 2"d, 2002.
RESOLUTION #155 AUTHORIZE TOWN ATTORNEY TO SUBMIT THE
REVISED WELLHEAD PROTECTION PLAN TO THE
COUNTY PLANNING BOARD PRIOR TO THEIR AUGUST
2ND 2002 MEETING
Motion by Councilman O'Donnell
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize and direct Town Attorney
Folmer to submit a copy of the revised Wellhead Protection Plan to the County Planning
Board for its review prior to then August 2nd, 2002 meeting.
I JULY 17, 2002 TOWN BOARD MEETING PAGE 6
There was a brief discussion regarding the Aquifer Protection Permit application
submitted by Mark R. Braun for Bruench Inc., (Doug's Fish Fry).
Planning Board member Nick Renzi stated Doug's Fish Fry wished to expand the
current building.
RESOLUTION #156 SCHEDULE PUBLIC HEARING FOR AQUIFER
PROTECTION PERMIT SUBMITTED BY MARK R.
BRAUN FOR BRUENCH INC.. (DOUG'S FISH FRY)
Motion by Councilman Rocco
Seconded by Councilman Pilato
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, a Public Hearing shall be scheduled for August 7, 2002 at 7:00 p.m. •
for the Aquifer Protection Permit submitted by Mark R. Braun (Doug's Fish Fry) for
properly located at 3638 Route 281, owner Bruench, Inc., tax map #95.12-01-08.000.
There was a brief discussion regarding the construction of the Country Inn & Suites
of Cortland to be located on Route 281.
Supervisor Thorpe stated he spoke with Bernie Thoma of Thoma Development
Thursday, July 11, 2002 who indicated the Country Inn & Suites of Cortland was having
a problem with funding. Mr. Thoma inquired as to whether the Town would consider
running a sewer line with a pump station to the building site on Route 281 prior to
construction.
Supervisor Thorpe apprised the Board he spoke with Town Engineer, Hayne Smith
who stated the cost of running a sewer line and pump station to the site would be between
$160,000 and $180,000. Supervisor Thorpe immediately told Mr. Thoma the Town was
sympathetic but would not run a sewer line to the site at the tax payers expense.
Mr. Thoma questioned if the Town would consider running a sewer line to the site
if the Town was later reimbursed. Supervisor Thorpe told Mr. Thoma the question would
be left up to the Board for consideration.
Councilman Rocco stated lending money to a hotel should not be encouraged, as
there is a high degree of risk involved. Mr. Rocco questioned if the Town has made an
investment in a company in the past.
Supervisor Thorpe stated it is his firm belief the Town should not be put in the
position of expending Town funds to permit a business to be constructed. He stated the
business should have the funding to begin such an endeavor rather than depending on local
taxpayers.
Supervisor Thorpe stated the Town would not benefit from funding the sewer line.
Councilman Testa stated he would like to hear from Attorney Folmer regarding the
matter.
Attorney Fohmer stated the Board should wait until Bernie Thoma supplies more
information before rejecting the request.
Councilman Rocco made a motion, seconded by Councilman Testa, to receive and
file correspondence from Martin M. Estruch, President of CIS of Cortland, LLC. All
voting aye, the motion was carried.
There was a brief discussion regarding the gas pump fire at Kwik Fill located at
3628 Route 281. The Cortlandville Fire Department supplied the incident summary to the
Board for their information.
Sherry Halladay, of Dryden, NY, finished fueling her van and pulled away from the
gas pump at the Kwik Fill without removing the gas nozzle from the vehicle. The pump
was pulled from the island and a spark ignited a fire, which consumed the pump, garbage
can, and fire extinguisher. There was no damage to the vehicle, yet there was an estimated
$10,000 damage to the gas station.
Councilman Rocco stated there could have been an explosion or damage to the
aquifer. He questioned whether the driver of the vehicle had insurance.
Supervisor Thorpe stated no matter what type of high-tech installation is involved
there is always a chance for stupidity.
Supervisor Thorpe stated the Board must discuss Local Law — 2002, the Retirement
Incentive Program. At the last Board Meeting July 3, 2002 the Board adopted the
retirement incentive benefit which must now be adopted by local law.
JULY 17, 2002 TOWN BOARD MEETING PAGE 7
`-{ 19
Attorney Folmer stated the Board must adopt a local law establishing an "open
,per
during which eligible employees can retire and be entitled to incentive benefits.
The open period must be no less than thirty days and no more than ninety days. The
enactment must take place no later than September 3, 2002.
Town Clerk Snyder stated the Board agreed on a time frame of October 7 h, 2002
through December 31', 2002.
Attorney Folmer stated the adoption process must be completed by September 3�,
2002. A Public Hearing should be set for August 7f', 2002. At the conclusion of the Public
Her the Board can adopt the local law. The local law may then be filed with Albany to
meet the September P, 2002 deadline.
Councilman Rocco questioned how many Town employees were interested in the
retirement incentive benefit program.
Supervisor Thorpe stated one employee from the Highway Department has shown
an interest.
RESOLUTION #157 SCHEDULE PUBLIC HEARING FOR LOCAL LAW-2002,
RETIREMENT INCENTIVE PROGRAM (CHAPTER 69,
LAYS OF 2002)
Motion by Councilman O'Donnell
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, a Public Hearing shall be scheduled for August 3'd, 2002 at 7:00 p.m.
for Local Law — 2002, Retirement Incentive Program (Chapter 69, Laws of 2002).
Councilman O'Donnell made a motion, seconded by Councilman Testa, to adjourn
the Regular Meeting. All voting aye, the motion was carried.
The meeting was adjourned at 5:45 p.m.
E
1
Respectfully submitted,
Karen Q. Snyder
Town Clerk
Town of Cortlandville