HomeMy WebLinkAbout2017-09-20 Town Board MinutesSEPTEMBER 20, 2017
5:00 P.M.
PUBLIC HEARING NO. 1
AQUIFER PROTECTION PERMIT
PROP INC.
LUKER ROAD
TAX MAP #86.17-01-01.000
A Public Hearing was held by the Town Board of the Town of Cortlandville at the
Raymond G. Thorpe Municipal Building, 3577 Terrace Road, Cortland, New York, concerning
an application for an Aquifer Protection Permit submitted by Prop Inc. requesting to construct a
60' x 200' (12,000 sq. ft.) cold storage warehouse for lumber storage, for property located on the
west side of Luker Road, approximately 250' southwest of the NYS Route 281 & Luker Road
intersection, tax map #86.17-01-01.000.
Members present: Supervisor, Richard C. Tupper
Councilman, Theodore V. Testa
Councilman, John C. Proud
Councilman, Gregory K. Leach
Councilperson, Kristin E. Rocco-Petrella
Town Clerk, Karen Q. Snyder, RMC
Others present were: Town Attorney, John B. Folmer; Highway Sup't. Carl A. Bush, Jr.;
Town Residents; John Reynolds, Bud Harter, Glenn and Pam Bassett, David Alexander;
Engineer, Chuck Feiszli; Andrew Porter and Ben Ochs from Bestway Lumber; Matt Lipfert;
Lissa Eckstrom; John Congdon from Valley Rental; Ann Doyle, City of Cortland resident and
Sharon Stevans from Channel 2, Access TV.
Supervisor Tupper called the Public Hearing to order.
Town Clerk, Karen Q. Snyder, read aloud the published, posted and filed legal notice.
Supervisor Tupper offered privilege of the floor to those in attendance.
No comments or discussions were heard.
The Public Hearing was closed at 5:05 p.m.
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SEPTEMBER 20, 2017
5:05 P.M.
115
PUBLIC HEARING NO. 2
AQUIFER PROTECTION PERMIT
VALLEY RENTAL
LUKER ROAD
TAX MAP #95.08-01-17.000
A Public Hearing was held by the Town Board of the Town of Cortlandville at the
Raymond G. Thorpe Municipal Building, 3577 Terrace Road, Cortland, New York, concerning
an application for an Aquifer Protection Permit submitted by Valley Rental. requesting to
construct 3 storage buildings of 60' x 150', 60'x 175', and 30' x 175' for use as mini rental
storage units., for a property located on the west side of Luker Road, approximately halfway
between the McLean Road/Luker Road intersection and the NYS Route 281/Luker Road
intersection, tax map #95.08-01-17.000.
Members present: Supervisor, Richard C. Tupper
Councilman, Theodore V. Testa
Councilman, John C. Proud
Councilman, Gregory K. Leach
Councilperson, Kristin E. Rocco-Petrella
Town Clerk, Karen Q. Snyder, RMC
Others present were: Town Attorney, John B. Folmer; Highway Sup't. Carl A. Bush, Jr.;
Town Residents; John Reynolds, Bud Harter, Glenn and Pam Bassett, David Alexander;
Engineer, Chuck Feiszli; Andrew Porter and Ben Ochs from Bestway Lumber; Matt Lipfert;
Lissa Eckstrom; John Congdon from Valley Rental; Ann Doyle, City of Cortland resident and
Sharon Stevans from Channel 2, Access TV.
Supervisor Tupper called the Public Hearing to order.
Town Clerk, Karen Q. Snyder, read aloud the published, posted and filed legal notice.
Supervisor Tupper offered privilege of the floor to those in attendance.
No comments or discussions were heard.
The Public Hearing was closed at 5:09 p.m.
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SEPTEMBER 20, 2017
5:09 P.M.
TOWN BOARD MEETING
The Regular Meeting of the Town Board of the Town of Cortlandville was held at the
Raymond G. Thorpe Municipal Building, Cortland, New York, with Supervisor Tupper
presiding.
Members present: Supervisor, Richard C. Tupper
Councilman, Theodore V. Testa
Councilman, John C. Proud
Councilman, Gregory K. Leach
Councilperson, Kristin E. Rocco-Petrella
Town Cleric, Karen Q. Snyder, RMC
Others present were: Town Attorney, John B. Folmer; Highway Sup't. Carl A. Bush, Jr.;
Town Residents; John Reynolds, Bud Harter, Glenn and Pam Bassett, David Alexander;
Engineer, Chuck Feiszli; Andrew Porter and Ben Ochs from Bestway Lumber; Matt Lipfert;
Lissa Eckstrom; John Congdon from Valley Rental; Ann Doyle, City of Cortland resident and
Sharon Stevans from Channel 2, Access TV.
Supervisor Tupper called the meeting to order.
Councilman Leach made a motion, seconded by Councilperson Kristin E. Rocco-Petrella
to approve the Town Board Minutes of August 16, 2017 as submitted. All voting aye, the
motion was carried.
RESOLUTION #154 AUTHORIZE PAYMENT OF VOUCHERS — SEPTEMBER
Motion by Councilman Proud
Seconded by Councilman Leach
VOTES: AYE -Tupper, Testa, Proud, Leach, Rocco-Petrella NAY-0
ADOPTED
BE IT RESOLVED, the have been
be follows:
vouchers submitted audited
and shall
paid as
Funds A, B, DA, DB Voucher #848-912
General Fund A
$
116,404.46
General Fund B
$
12,365.61
Highway Fund DA
$
0.00
Highway Fund DB
$
102,066.74
Funds CD I, CD3, CD4 Voucher #(None)
BMills Rehab CD
$
0.00
Town Wide Rehab CD3
$
0.00
Business Devl CD4
$
0.00
Fund HA, HB, HC, HD, Voucher #306-320
HE, SS, SW Sewer SS
$
1182.15
Water SW
$
19,738.29
Funds SF, TA, TE Voucher #35-37
C' Ville Fire District SF
$
0.00
Trust & Agency TA
$
34,839.17
Expendable Trust TE
$
0.00
Councilman Leach made a motion seconded by Councilman Testa to acknowledge the
following monthly reports from the Town Clerk, Water & Sewer, and Town Justices for the
month of August 2017. All voting Aye, the motion was carried.
Supervisor Tupper said that there were 1100 court cases settled this month and the revenues
we receive from the State does not even come close to covering expenses. The more court cases we
do, the more we lose. Attorney Folmer apprised the Board that a lot of the cases are done by mail.
Attorney Folmer and the Board reviewed the SEQR Short Environmental Assessment
Form for the Aquifer Protection Permit application submitted by Prop Inc. for property located
on Luker Road.
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SEPTEMBER 20, 2017 TOWN BOARD MEETING PAGE 2
RESOLUTION #155 DECLARE NEGATIVE IMPACT FOR AQUIFER
PROTECTION PERMIT APPLICATION #4 OF 2017
SUBMITTED BY PROP INC. FOR PROPERTY LOCATED ON
LUKER ROAD
Motion by Councilman Proud
Seconded by Councilman Testa
VOTES: AYE - Tupper, Testa, Proud, Leach, Rocco-Petrella NAY - 0
ADOPTED
WHEREAS, an Aquifer Protection Permit application was submitted by Prop Inc. to permit the
construction of a 60' x 200' (12,000 sq. ft.) cold storage warehouse for lumber storage, for
property located on the west side of Luker Road, approximately 250' southwest of the NYS
Route 281 & Luker Road intersection, and
WHEREAS, the Town Board as Lead Agent, duly reviewed and completed the Short
Environmental Assessment Form, therefore
BE IT RESOLVED, the Town Board as Lead Agent, does hereby declare the proposed project of
Prop Inc., Aquifer Protection Permit #4 of 2017, shall have no significant environmental impact.
RESOLUTION #156 AUTHORIZE SUPERVISOR TO SIGN SEQRA APLICATION
OF AQUIFER PROTECTION PERMIT #4 OF 2017
Motion by Councilman Proud
Seconded by Councilman Leach
VOTES: AYE - Tupper, Testa, Proud, Leach, Rocco-Petrella NAY - 0
ADOPTED
BE IT RESOLVED, the Supervisor is hereby authorized and directed to sign the SEQRA
application relating to Aquifer Protection Permit #4 of 2017, submitted by Prop Inc.
RESOLUTION # 157 APPROVE AQUIFER PROTECTION PERMIT APPLICATION
#4 OF 2017 SUBMITTED BY PROP INC. FOR PROPERTY
LOCATED ON LUKER ROAD SUBJECT TO CONDITIONS
Motion by Councilman Proud
Seconded by Councilman Leach
VOTES: AYE - Tupper, Testa, Proud, Leach, Rocco-Petrella NAY - 0
ADOPTED
WHEREAS, the Cortland County Planning Department and the Town Planning Board have
reviewed and recommended approval of this Aquifer Protection Permit application, and
WHEREAS, a Public Hearing was duly held by this Town Board, therefore
BE IT RESOLVED, the Town Board does hereby approve Aquifer Protection Permit application
#4 of 2017, submitted by Prop Inc., requesting to permit the construction of a 60' x 200' (12,000
sq. ft.) cold storage warehouse for lumber storage, for property located on the west side of Luker
Road, approximately 250' southwest of the NYS Route 281 & Luker Road intersection, tax map
#86.17-01-01.000, subject to conditions from the Town and County Planning Boards:
1. The applicant either reducing the impervious surface on the lot by 5% as part of this
proposal or applying for and obtaining a bulk variance to forgo this requirement per the
Town's Wellhead Protection Zones lot coverage requirements.
2. That data collected from the monitoring wells be forwarded to the County Health
Department due to the chemicals stored on site and its close proximity to the City of
Cortland water supply.
3. Compliance with SEQR requirements.
AND IT IS FURTHER RESOLVED, the Supervisor is hereby authorized to sign the permit.
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SEPTEMBER 20, 2017 TOWN BOARD MEETING PAGE 3
Attorney Folmer and the Board reviewed the SEQR Short Environmental Assessment
Form for the Aquifer Protection Permit application submitted by Valley Rental for property
located on Luker Road.
RESOLUTION #158 DECLARE NEGATIVE IMPACT FOR AQUIFER
PROTECTION PERMIT APPLICATION #5 OF 2017
SUBMITTED BY VALLEY RENTAL FOR PROPERTY
LOCATED ON LUKER ROAD
Motion by Councilman Leach
Seconded by Councilman Testa
VOTES: AYE - Tupper, Testa, Proud, Leach, Rocco-Petrella NAY - 0
ADOPTED
WHEREAS, an Aquifer Protection Permit application was submitted by Valley Rental to permit
the construction of 3 storage buildings of 60' x 150', 60'x 175', and 30' x 175' for use as mini
rental storage units, for property located on the west side of Luker Road, approximately halfway
between the McLean Road/Luker Road intersection and the NYS Route 281/Luker Road
intersection, and
WHEREAS, the Town Board as Lead Agent, duly reviewed and completed the Short
Environmental Assessment Form, therefore
BE IT RESOLVED, the Town Board as Lead Agent, does hereby declare the proposed project of
Valley Rental, Aquifer Protection Permit #5 of 2017, shall have no significant environmental
impact.
RESOLUTION #159 AUTHORIZE SUPERVISOR TO SIGN SEQRA APLICATION
OF AQUIFER PROTECTION PERMIT #5 OF 2017
Motion by Councilman Leach
Seconded by Councilman Testa
VOTES: AYE - Tupper, Testa, Proud, Leach Rocco-Petrella NAY - 0
ADOPTED
BE IT RESOLVED, the Supervisor is hereby authorized and directed to sign the SEQRA
application relating to Aquifer Protection Permit #5 of 2017, submitted by Valley Rental.
RESOLUTION #160 APPROVE AQUIFER PROTECTION PERMIT -APPLICATION
#5 OF 2017 SUBMITTED BY VALLEY RENTAL FOR
PROPERTY LOCATED ON LUKER ROAD SUBJECT TO
CONDITIONS
Motion by Councilman Leach
Seconded by Councilman Proud
VOTES: AYE - Tupper, Testa, Proud, Leach, Rocco-Petrella NAY - 0
ADOPTED
WHEREAS, the Cortland County Planning Department and the Town Planning Board have
reviewed and recommended approval of this Aquifer Protection Permit application, and
WHEREAS, a Public Hearing was duly held by this Town Board, therefore
BE IT RESOLVED, the Town Board does hereby approve Aquifer Protection Permit application
#5 of 2017, submitted by Valley Rental, requesting to permit the construction of 3 storage
buildings of 60' x 150', 60'x 175', and 30' x 175' for use as mini rental storage units, for
property located on the west side of Luker Road, approximately halfway between the McLean
Road/Luker Road intersection and the NYS Route 281/Luker Road intersection, tax map #95.08-
01-17.000, subject to conditions from the Town and County Planning Boards:
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SEPTEMBER 20, 2017 TOWN BOARD MEETING
PAGE 4
1. The applicant obtaining approval of the driveway entrance to this site from the Town
Highway superintendent since Luker Road is a town road.
2. The applicant providing to the town building design and architectural features of the
proposed buildings to ensure that the proposed buildings conform to the Town of
Cortlandville's Design and Development Guidelines.
3. The applicant providing a sample lease agreement to the town which indicates that the
storage of hazardous materials in the units is prohibited.
4. The applicant submitting notification to the FAA of the proposed construction given its
close proximity to the airport.
5. The applicant submitting to the town and receiving approval of a more detailed
landscaping plan for the site.
6. The Stormwater Pollution Prevention Plan being approved for the site by the town upon
review by the County Soul and Water Conservation District.
7. The applicant filing a Notice of Intent with the NYS Department of Environmental
Conservation (DEC) in addition to the preparation of a stormwater pollution prevention
plan for the site as this project would result in the disturbance of at least one acre of land.
8. The applicant obtaining approval of the public water and sewer connection, including the
installation of a backflow prevention device, from the County Health Department via
application with the town.
9. Any proposed floor drains being connected to the facility's sewage disposal system.
10. Compliance with SEQR requirements.
AND IT IS FURTHER RESOLVED, the Supervisor is hereby authorized to sign the permit.
Town Clerk Karen Q. Snyder had no business to report.
Town Attorney Folmer reported:
Cortlandville Sand & Gravel Report:
Attorney Folmer questioned if we received and filed the determination by DEC with regards
to Cortlandville Sand and Gravel Report. It was received and filed at the Town Board Meeting of
September 6, 2017.
Councilman Leach made a motion, seconded by Councilperson Rocco-Petrella, to receive
and file correspondence from the NYS DEC dated September 17, 2017, regarding a mining and
reclamation permit for Polkville Crushed Stone modifying the mining plan to change the location
of the outfall that runs from the mining pond to the Tioughnioga River. All voting aye, the
motion was carried.
Councilman Leach made a motion, seconded by Councilperson Rocco-Petrella, to receive
and file correspondence from the NYS Homes & Community Renewal dated September 06, 2017,
regarding the Certificate of Completion of the Forkey Construction & Fabrication, Inc. Grant
Project (CDBG #287ED798-14). All voting aye, the motion was carried.
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SEPTEMBER 20, 2017 TOWN BOARD MEETING
PAGE 5
RESOLUTION #161 ADOPT POLICY REGARDING LANGUAGE ACCESS PLAN
(LIMITED ENGLISH PROFICIENCY) POLICY AS
REQUESTED BY THE USDA RURAL DEVELOPMENT
Motion by Councilman Leach
Seconded by Councilman Proud
VOTES: AYE - Tupper, Testa, Proud, Leach, Rocco-Petrella NAY - 0
ADOPTED
BE IT RESOLVED, the Town Board does hereby adopt the following Policy regarding the
Language Access Plan (Limited English Proficiency).
LANGUAGE ACCESS PLAN (LIMTI'ED ENGLISH PROFICIENCY) POLICY
Part A: Self -Assessment
1.) Demography, Identification of LEP Persons i.e. number of people who speak NO English
or speak English less than "very well". The Town of Cortlandville population is about
8,420 (8,055 over the age of 5). According to the Census data, of the 8,055, 7,687 speak
only English, (95.4%), of the remaining 368, 206 speak English less than "very_ well".
This is approximately 2.6% of the population. It is unknown exactly how many citizens
the Town of Cortlandville is trying to reach with its public announcements but most
services include the local population.
2.) Language Assistance Measures, Frequency of Contact:
Based on staff members' recollection, the number of requests for translations has been
none over the past year. The Town's request for translation is considered infrequent and
unpredictable.
3.) Staff Training:
Town staff reviewed the LEP documents provided. Those that are in frequent contact
with the general public are aware of possible resources available.
4.) Notice to identified LEP persons or populations:
Given the limited number of people who speak English less than very well, the staff will
offer the resources when the individual desires assistance.
5.) Resources for vital Document Translation:
The Town of Cortlandville identified the following resources which could offer
translation:
Staff at SUNY College at Cortland
Staff at Cortland City School District
Computer software such as www.freetranslations.com
The Town plans to use the attached flyer to identify what language needs to be
interpreted and utilize the above listed resources for interpretation.
Part B: Language Assistance Plan
6.) The Town's Language Assistance Plan includes the following:
Review census data periodically to identify increase in number of citizens that speak
English less than "very well".
Inform Staff Members of resources available and evaluate and revise the LEP plan when
necessary.
Any questions or comments regarding this plan can be directed to the Town of
Cortlandville Supervisors Office at the above number or email at
Supervisorl Qa cortlandville.org
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SEPTEMBER 20, 2017 TOWN BOARD MEETING PAGE 6
a
Councilman Leach made a motion, seconded by Councilperson Rocco-Petrella, to receive
and file correspondence from the 2017 CFA Empire State Development Grant Application
submitted July 28, 2017 regarding the Gutchess Lumber Sports Complex prepared by Thoma
Development Consultants. All voting aye, the motion was carried.
No further comments or discussion were heard.
Councilman Proud made a motion, seconded by Councilman Leach, to adjourn the
Regular Meeting. All voting aye, the motion was carried.
The meeting was adjourned at 5:45 p.m.
Respectfully submitted,
4U"13 6�'—Q4�
Karen Q. Snyder, RMC
Town Clerk
Town of Cortlandville
*Note:
The final version of this meeting was submitted to the Town Board for their review on October 18, 2017.
The final version of this meeting was approved as written at the Town Board meeting of November 01, 2017.
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