HomeMy WebLinkAbout2016-01-20 Town Board Minutes10
JANUARY 20, 2016
PUBLIC HEARING NO. 1
5:00 P.M.
AQUIFER PROTECTION PERMIT
ROYAL CHEVROLET/CORTLAND, INC.
3838 ROUTE 281
TAX MAP 486.17-01-10.211
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 Royal Chevrolet/Cortland, Inc. to
construct an 11,250 sq. ft. addition to an existing auto sales/repair facility for use as an auto body
repair shop, for property located approximately 800 ft. south of the intersection of Luker Road
and NYS Route 281, tax map #86.17-01-10.211.
Members present: Supervisor, Richard C. Tupper
Councilman, Theodore V. Testa
Councilman, Ronal L. Rocco
Councilman, John C. Proud
Councilman, Gregory K. Leach
Town Clerk, Karen Q. Snyder, RMC
Others present were: Town Attorney, John Folmer; Highway Sup't. Carl Bush; Al Pagan;
Kirsten Rowe; Chuck Feiszli from Resource Associates; Joe Reagan from Royal Chevrolet;
Steve Terwilliger; News Reporters: Tyrone Heppard from the Cortland Standard, Peter
Blanchard from the Cortland Voice, 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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JANUARY 20, 2016 5:05 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, 3577 Terrace Road, Cortland, New York, with
Supervisor Tupper presiding.
Members present: Supervisor, Richard C. Tupper
Councilman, Theodore V. Testa
Councilman, Ronal L. Rocco
Councilman, John C. Proud
Councilman, Gregory K. Leach
Town Clerk, Karen Q. Snyder, RMC
Others present were: Town Attorney, John Folmer; Highway Sup't. Carl Bush; Al Pagan;
Kirsten Rowe; Chuck Feiszli from Resource Associates; Joe Reagan from Royal Chevrolet;
Steve Terwilliger; News Reporters: Tyrone Heppard from the Cortland Standard, Peter
Blanchard from the Cortland Voice, Sharon Stevans from Channel 2, Access TV.
Supervisor Tupper called the meeting to order.
Councilman Proud made a motion, seconded by Councilman Leach, to approve the Draft
Town Board Minutes of December 16, 2015 as written. All voting aye, the motion was carried.
RESOLUTION 420 AUTHORIZE PAYMENT OF VOUCHERS - JANUARY
Motion by Councilman Leach
Seconded by Councilman Proud
VOTES: AYE - Tupper, Testa, Rocco, Proud, Leach NAY - 0
ADOPTED
BE IT RESOLVED, the vouchers submitted have been audited and shall be paid as follows:
Funds A, B, DA, DB Voucher #37-93
General Fund A $134,731.43
General Fund B $ 45,425.24
Highway Fund DA $ 0.00
Highway Fund DB $ 25,273.47
Funds CD I, CD3, CD4 Voucher #(None)
BMills Rehab CD1 $ 0.00
Town Wide Rehab CD3 $ 0.00
Business Devl CD4 $ 0.00
Fund HA, HB, HC, HD, Voucher #19-37
HE, SS, SW Luker Rd Water HA $ 10,498.00
Owego St Water HB $ 4,515.00
NYS Rt 13 Sewer Rehab HC $ 51,289.54
Oakcrest/Pendleton Sewer HD $ 6,601.25
Saunders Rd Sewer HE $ 0.00
Sewer SS $ 847.25
Water SW $ 6,319.24
Funds SF, TA, TE Voucher #(None)
C'Ville Fire District SF $ 0.00
Trust & Agency TA $ 0.00
Expendable Trust TE $ 0.00
Supervisor Tupper offered privilege of the floor to Al Pagan.
Al Pagan informed the Board that for the last 3 1/2 years he has hosted "Wake Up To Big
Al" on public Access TV. He stated that is has come to his attention that there is a potential
super -fund site in the Town of Cortlandville and was hoping to get some information and make
people aware of the situation. He referenced the former Stupke Road Dump and stated that
former companies (Smith Corona) dumped barrels of toxic waste on the site which could be an
expensive cleanup. He asked the Board to investigate the issue. He was also concerned that the
site was in the Aquifer District.
JANUARY 20, 2016 TOWN BOARD MEETING PAGE 2
Supervisor Tupper explained that there used to be a dump on Stupke Road which was
closed, sealed, and covered many years ago, and to his knowledge was not a problem.
Councilman Proud suggested that the DEC may have addressed all of the issues at the time the
dump site was closed. Supervisor Tupper stated that he would look into the issue.
Mr. Pagan mentioned that he would be releasing a video to the public with testimony
from a truck driver who personally dumped barrels of the waste there, as well as from one or two
businessmen with specific knowledge of the information. He suggested that such dumping could
have affected the aquifer.
Supervisor Tupper stated that the Town conducts extensive testing of the wells and has
found no contaminants; there is no problem with the aquifer or the water.
Councilman Rocco provided the Board with photographs of McLean Road in the area of
the Lime Hollow Nature Center, where the Town has requested a reduced speed limit. The
photos depicted some of the memorials that are placed along the roadway.
The monthly reports of the Town Justices for the month of December 2015, and for the
Town Clerk and Supervisor for the month of January 2016 were on the table for review and are
filed in the Town Clerk's office.
RESOLUTION #21 ACCEPT ANNUAL REPORT OF THE TOWN CLERK
Motion by Councilman Leach
Seconded by Councilman Testa
VOTES: AYE - Tupper, Testa, Rocco, Proud, Leach NAY - 0
ADOPTED
BE IT RESOLVED, the Annual Report of the Town Clerk for the year 2015 is hereby accepted,
and shall be received and filed.
Members of the Board reported that they audited the records of the various Town
departments as required for the year 2015 and found everything to be in order. Councilman
Testa audited the Town Clerk/Tax Collection records; Councilman Proud audited the
Water/Sewer and Highway Department's records; Councilman Rocco audited the Town Justices
records; and Councilman Leach audited the Supervisor's records.
Councilman Proud made a motion, seconded by Councilman Leach, to receive and file
correspondence from Patrick Reidy, Cortland County Soil and Water Conservation District,
dated January 20, 2015, regarding the proposed Stormwater Plan for the Royal
Chevrolet/Cortland Inc. body shop expansion. All voting aye, the motion was carried.
Attorney Folmer and the Board reviewed the SEQR Short Environmental Assessment
Form for the Aquifer Protection Permit application submitted by Royal Chevrolet/Cortland, Inc.
for property located off of Route -281.
RESOLUTION #22 DECLARE NEGATIVE IMPACT FOR AQUIFER
PROTECTION PERMIT #1 OF 2016 SUBMITTED BY ROYAL
CHEVROLET/CORTLAND, INC. FOR PROPERTY LOCATED
AT 3838 ROUTE 281
Motion by Councilman Proud
Seconded by Councilman Testa
VOTES: AYE - Tupper, Testa, Rocco, Proud, Leach NAY - 0
ADOPTED
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JANUARY 20, 2016 TOWN BOARD MEETING PAGE 3
WHEREAS, an Aquifer Protection Permit application was submitted by Royal Chevrolet/Cortland,
Inc. to permit the construction of an 11,250 sq. ft. addition to an existing auto sales/repair facility
for use as an auto body repair . shop, for property located approximately 800 ft. south of the
intersection of Luker Road and NYS Route 281, tax map #86.17-01-10.211, 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
Royal Chevrolet/Cortland, Inc., Aquifer Protection Permit #1 of 2016, shall have no significant
environmental impact.
RESOLUTION #23 AUTHORIZE SUPERVISOR TO SIGN SEQRA APLICATION
OF AQUIFER PROTECTION PERMIT #1 OF 2016
Motion by Councilman Proud
Seconded by Councilman Testa
VOTES: AYE - Tupper, Testa, Rocco, Proud, Leach NAY - 0
ADOPTED
BE IT RESOLVED, the Supervisor is hereby authorized and directed to sign the SEQRA
application relating to Aquifer Protection Permit #1 of 2016, submitted by Royal
Chevrolet/Cortland, Inc.
RESOLUTION #24 APPROVE AQUIFER PROTECTION PERMIT 41 OF 2016
SUBMITTED BY ROYAL CHEVROLET/CORTLAND, INC.
FOR PROPERTY LOCATED AT 3838 ROUTE 281 SUBJECT
TO CONDITIONS
Motion by Councilman Testa
Seconded by Councilman Rocco
VOTES: AYE - Tupper, Testa, Rocco, Proud, Leach 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 #1 of 2016,
submitted by Royal Chevrolet/Cortland, Inc., permitting the construction of an 11,250 sq. ft.
addition to an existing auto sales/repair facility for use as an auto body repair shop, for property
located approximately 800 ft. south of the intersection of Luker Road and NYS Route 281, tax
map #86.17-01-10.211, subject to conditions from the Town and County Planning Boards, and
the Cortland County Soil and Water Conservation District:
1. Any proposed floor drains must be connected to a holding tank or sanitary sewer
equipped with an oil and grit separating tank.
2. Any wastes collected in a holding tank must be disposed of through a licensed waste
hauler.
3. Waste degreasing solvents must be stored in drums or a holding tank and disposed of
through a licensed waste hauler.
4. Waste oil must be stored in tanks or drums for disposal by a licensed waste hauler.
5. Storage facilities for tanks and/or drums require coated concrete floors and dikes to
retain accidental spills or leaks; a permanent roof to protect tanks or drums and to
prevent precipitation from entering dikes. Drums should be sealed, and tanks and
drums must be located away from floor drains.
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TOWN BOARD MEETING
PAGE 4
6. Large drip pans should be kept beneath drums which have spigots and are stored in
horizontal position on racks.
7. Potentially contaminated scrap, including but not limited to scrap parts, batteries and
used filters shall be stored in proper containers to prevent environmental release of
contaminants.
8. Submittal of a list and quantity of all chemicals to be stored on site to the Town,
regardless of the quantity, including a plan for primary and secondary storage for
these chemicals, as well as a plan for paint booth emissions.
9. The applicant's submittal and the Town's acceptance of the Spill Response Plan and
Spill Prevention, Control & Countermeasures Plan for the site.
10. The County Health Department and Town being consulted regarding any approvals
required for the connection to the existing building's public water and sewer
facilities.
11. Any new lighting for the site being directed in such a manner so as to not infringe on
the neighboring properties.
12. The Stormwater Pollution Prevention Plan for the site being approved by the Town
upon review by the County Soil and Water Conservation District.
13. 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 per the NYS Phase II stormwater regulations, if it is
determined that this proposal would result in the disturbance of at least one acre of
land.
14. Compliance with SEQR requirements.
15. The minor changes to the Stormwater Pollution Prevention Plan as indicated in
correspondence from Cortland County Soil and Water Conservation District dated
January 20, 2016 be incorporated into the drawings before completing a final review.
AND IT IS FURTHER RESOLVED, the Supervisor is hereby authorized to sign the permit.
Councilman Proud made a motion, seconded by Councilman Leach, to receive and file
correspondence and photographs from Andrea Rankin to Kevin C. Bush, PE, New York State
Department of Transportation, dated January 14, 2016, regarding the Town's request for a
reduced speed limit on McLean Roard between Deerfield Heights and the Cortland/Tompkins
County line. All voting aye, the motion was carried.
Town Clerk/Tax Collector Snyder reported on tax collection. She explained the partial
payment program which was available as an option to pay the Town/County tax bill. Taxes were
due without penalty by February 1, 2016.
Attorney Folmer did not have any new business to report.
Councilman Proud made a motion, seconded by Councilman Leach, to receive and file
correspondence from NYS Environmental Facilities Corp., dated December 21, 2015, regarding
the NYS Route 13 Sanitary Trunk Sewer Rehabilitation Project. All voting aye, the motion was
carried.
Councilman Proud made a motion, seconded by Councilman Leach, to receive and file
correspondence from New York State Department of State, dated December 28, 2015, regarding
2015-16 Local Government Efficiency Grant for the Smart Water Meter Installation Project,
indicating that the grant application was not selected for funding. All voting aye, the motion was
carried.
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JANUARY 20, 2016 TOWN BOARD MEETING PAGE 5
Councilman Proud made a motion, seconded by Councilman Leach, to receive and file
comments from the Cortlandville Planning Board, received January 8, 2016, regarding the
location and operation of Retail Petroleum Sales Facilities in the Town of Cortlandville. All
voting aye, the motion was carried.
Councilman Rocco made a motion, seconded by Councilman Testa, to receive and file
correspondence from Water & Sewer Sup't. Alteri, dated January 11, 2016, indicating that
Michael Whitaker, Cortlandville Water Treatment Plant Operator, successfully completed the 6-
month probationary period. All voting aye, the motion was carried.
RESOLUTION #25 AUTHORIZE SUPERVISOR TO EXECUTE DISCHARGE OF
MORTGAGES BETWEEN THE TOWN AND GRACE E.
BARTHOLOMEW REGARDING THE 2008 HOME PROGRAM
Motion by Councilman Leach
Seconded by Councilman Proud
VOTES: AYE - Tupper, Testa, Rocco, Proud, Leach NAY - 0
ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to execute
the Discharge of Mortgages between the Town and Grace E. Bartholomew, 521 McLean Road,
Cortland, New York 13045, with regard to the 2008 HOME Program.
RESOLUTION #26 AUTHORIZE SUPERVISOR TO SIGN THE OWNER -
OCCUPIED LOAN AGREEMENT BETWEEN THE TOWN AND
MICHELLE TOWSLEY FOR THE TOWN'S 2013 COMMUNITY
DEVELOPMENT BLOCK GRANT TOWN -WIDE HOUSING
REHABILITATION PROGRAM
Motion by Councilman Leach
Seconded by Councilman Proud
VOTES: AYE - Tupper, Testa, Rocco, Proud, Leach NAY - 0
ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize the Supervisor to sign the Owner -
Occupied Loan Agreement between the Town of Cortlandville and Michelle Towsley, 1368 East
River Road, Cortland, New York, for a 100% deferred loan for the 2013 Community
Development Block Grant Town -Wide Housing Rehabilitation Program in the amount of
$1,035.00.
RESOLUTION #27 AUTHORIZE SUPERVISOR TO SIGN THE AFFIDAVIT
REGARDING THE TOWN'S 2013 COMMUNITY
DEVELOPMENT BLOCK GRANT TOWN -WIDE HOUSING
REHABILITATION PROGRAM BETWEEN THE TOWN AND
MICHELLE TOWSLEY
Motion by Councilman Leach
Seconded by Councilman Proud
VOTES: AYE - Tupper, Testa, Rocco, Proud, Leach NAY - 0
ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize the Supervisor to sign the Affidavit
regarding the Town's 2013 Community Development Town -Wide Housing Rehabilitation Program,
between the Town of Cortlandville and Michelle Towsley, 1368 East River Road, Cortland, New
York regarding the extension of loan funds by the Town's CDBG Program for the total amount of
$739.14.
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RESOLUTION #28
AUTHORIZE SUPERVISOR TO SIGN THE OWNER -
OCCUPIED LOAN AGREEMENT BETWEEN THE TOWN AND
MICHELLE TOWSLEY FOR THE TOWN'S 2013 COMMUNITY
DEVELOPMENT BLOCK GRANT TOWN -WIDE HOUSING
REHABILITATION PROGRAM
Motion by Councilman Leach
Seconded by Councilman Testa
VOTES: AYE - Tupper, Testa, Rocco, Proud, Leach NAY - 0
ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize the Supervisor to sign the Owner -
Occupied Loan Agreement between the Town of Cortlandville and Michelle Towsley, 1368 East
River Road, Cortland, New York, for a 100% deferred loan for the 2013 Community
Development Block Grant Town -Wide Housing Rehabilitation Program in the amount of
$739.14.
There was discussion regarding the termination of Tom Williams as Town Code
Enforcement Officer. Supervisor Tupper clarified that Mr. Williams had a work related injury
while conducting an inspection. He went to a Worker's Compensation Hearing and was
determined to be partially/permanent disabled. The disability caused Mr. Williams to not be able
to perform the job duties according to his job description. In the best interest of the Town, the
Board decided they should not take a chance in Mr. Williams having a second claim that could
end up in a permanent disability. Supervisor Tupper stated that the termination had nothing to
do with Mr. Williams' job performance and that he was a good employee. The Board was sorry
to see Mr. Williams go.
RESOLUTION #29 AUTHORIZE TERMINATION OF TOM A. WILLIAMS AS A
TOWN CODE ENFORCEMENT OFFICER
Motion by Councilman Proud
Seconded by Councilman Leach
VOTES: AYE - Tupper, Testa, Rocco, Proud, Leach NAY - 0
ADOPTED
BE IT RESOLVED, that, due to a disabling injury the Town Board does hereby authorize the
termination of Tom A. Williams as a Town Code Enforcement Officer, effective January 9, 2016.
No further comments or discussion were heard.
Councilman Leach made a motion, seconded by Councilman Proud, to adjourn the
Regular Meeting. All voting aye, the motion was carried.
The meeting was adjourned at 5:45 p.m.
Respectfully submitted,
Karen Q. Snyder, RMC
Town Clerk
Town of Cortlandville
*Note:
The draft version of this meeting was submitted to the Town Board for their review on February 3, 2016.
The draft version of this meeting was approved as written at the Town Board meeting of February 17, 2016.