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Home My WebLink About03-05-2014MARCH 05, 2014 5:00 P.M. PUBLIC HEARING NO. 1 AQUIFER PROTECTION PERMIT GUTCHESS LUMBER CO., INC. 3599 ROUTE 281 TAX MAP #95.12-01-13.000 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 Gutchess Lumber Co., Inc. to renovate the former Friendly's Restaurant into office spaces, construct a 1,230 sq. ft. conference room addition along the south elevation of the existing building and add approximately 460 sq. ft. addition to the west end of the existing building, for property located on the west side of NYS Route 281, tax map #95.12-01-13.000. 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; Town Justice, David Alexander; John Conway; Barb Leach; Lenore LeFevre; News Reporters: Eric Mulvihill from WXHC, Catherine Wilde from the Cortland Standard, 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. 1 30 MARCH 05, 2014 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; Town Justice, David Alexander; John Conway; Barb Leach; Lenore LeFevre; News Reporters: Eric Mulvihill from WXHC, Catherine Wilde from the Cortland Standard, and Sharon Stevans from Channel 2, Access TV. Supervisor Tupper called the meeting to order. Councilman Leach made a motion, seconded by Councilman Rocco, to receive and file the Cortlandville Zoning Board of Appeals Minutes of January 28, 2014. All voting aye, the motion was carried. Councilman Leach made a motion, seconded by Councilman Rocco, to receive and file the Cortlandville Planning Board Minutes of January 28, 2014. All voting aye, the motion was carried. Councilman Proud made a motion, seconded by Councilman Leach, to approve the Draft Town Board Minutes of February 5, 2014 as written. All voting aye, the motion was carried. RESOLUTION #43 AUTHORIZE SUPERVISOR TO SIGN PURCHASE ORDER #1216 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 sign Purchase Order #1216 submitted by Highway Sup't. Bush to be paid to Navistar for the purchase of a 2015 International 10-wheel Dump/Plow/Sander Truck, for the total cost of $198,927.00. RESOLUTION #44 AUTHORIZE SUPERVISOR TO SIGN PURCHASE ORDER #1218 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 sign Purchase Order #1218 submitted by Highway Sup't. Bush to be paid to BSN Sports for the purchase of nylon netting to protect spectators on the bleachers at Ted Testa Park, for the total cost of $2,945.00. With regard to the Ted Testa Park, Councilman Leach requested Highway Sup't. Bush look into the cost of adding gate to the fence at the softball field to provide easier access for the umpires. Highway Sup't. Bush would do so. Councilman Rocco commented on the success of the park and thanked Councilman Testa for his persistence to make his dream of the park a reality. He also thanked Highway Sup't. Bush and everyone who has contributed to the park. Councilman Testa thanked everyone who participated in the creation of the park, including everyone who donated money to the park. 3/ MARCH 05, 2014 TOWN BOARD MEETING PAGE 2 RESOLUTION #45 AUTHORIZE PAYMENT OF VOUCHERS - MARCH 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 #248-295 General Fund A $104,450.67 General Fund B $130,431.10 Highway Fund DA $ 0.00 Highway Fund DB $ 45,353.36 Funds CD I, CD3, CD4 Voucher #(None) BMills Rehab CD $ 0.00 Town Wide Rehab CD3 $ 0.00 Business Devl CD4 $ 0.00 Fund HC, SS, SW Voucher #72-86 NYS Rt 13 Sewer Rehab HC $ 0.00 Sewer SS $ 1,024.05 Water SW $ 7,325.32 Funds SF, TA, TE ' Voucher #7-8 C'Ville Fire District SF $ 0.00 Trust & Agency TA $ 35,755.45 Expendable Trust TE $ 0.00 Supervisor Tupper announced that there were no requests for privilege of the floor. Councilman Rocco explained that as a matter of convenience the Board would like the public to call the Supervisor or Town Clerk's office prior to the meeting to request to be added to the agenda. However, any person wishing to speak at the meeting would be given the opportunity to speak under privilege of the floor. Councilman Proud made a motion, seconded by Councilman Leach, to receive and file correspondence from Time Warner Cable, dated March 5, 2014, regarding programming services. All voting aye, the motion was carried. The monthly reports of the Code Enforcement Officer, Town Clerk, and Tax Collector for the month of February 2014, and for the Supervisor for the months of January and February 2014, were on the table for review and are filed in the Town Clerk's office. Attorney Folmer and the Board reviewed the SEQR Short Environmental Assessment Form for the Aquifer Protection Permit application submitted by Gutchess Lumber Co., Inc. for property located at 3599 Route 281. RESOLUTION 446 DECLARE NEGATIVE IMPACT FOR AQUIFER PROTECTION PERMIT #1 OF 2014 SUBMITTED BY GUTCHESS LUMBER CO., INC. FOR PROPERTY LOCATED AT 3599 ROUTE 281 Motion by Councilman Proud Seconded by Councilman Testa VOTES: AYE - Tupper, Testa, Rocco Proud, Leach NAY - 0 ADOPTED WHEREAS, an Aquifer Protection Permit application was submitted by Gutchess Lumber Co., Inc. to permit the renovation of the former Friendly's Restaurant into office spaces, the construction of a 1,230 sq. ft. conference room addition along the south elevation of the existing building and add approximately 460 sq. ft. addition to the west end of the existing building, for property located on the west side of NYS Route 281, tax map 495.12-01-13.000, and 3� MARCH 05, 2014 TOWN BOARD MEETING PAGE 3 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 Gutchess Lumber Co., Inc., Aquifer Protection Permit #1 of 2014, shall have no significant environmental impact. RESOLUTION #47 AUTHORIZE SUPERVISOR TO SIGN SEQRA APPLICATION OF AQUIFER PROTECTION PERMIT # 1 OF 2014 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 2014, submitted by Gutchess Lumber Co., Inc. RESOLUTION #48 APPROVE AQUIFER PROTECTION PERMIT 41 OF 2014 SUBMITTED BY GUTCHESS LUMBER CO., INC. FOR PROPERTY LOCATED AT 3599 ROUTE 281 SUBJECT TO CONDITIONS Motion by Councilman Proud Seconded by Councilman Leach 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 2014, permitting the renovation of the former Friendly's Restaurant into office spaces, the construction of a 1,230 sq. ft. conference room addition along the south elevation of the existing building and add approximately 460 sq. ft. addition to the west end of the existing building, for property located on the west side of NYS Route 281, tax map #95.12-01-13.000, subject to conditions from the Town and County Planning Boards: 1. Any proposed signage on site either conforming to the "Zoning Local Law of the Town of Cortlandville" or the applicant applying for and receiving a bulk variance. 2. Compliance with SEQR requirements. AND IT IS FURTHER RESOLVED, the Supervisor is hereby authorized to sign the permit. Town Clerk Snyder apprised the Board that included in their packets were the Draft Minutes of the February 5, 2014 Informational Meeting for the proposed Draft Land Use Plan. The Draft Minutes would be added to the March 19, 2014 Town Board Meeting agenda to be received and filed. Attorney Folmer had no business to report. Councilman Proud made a motion, seconded by Councilman Testa, to receive and file Cortland County Planning Board Resolution #14-05, and Cortland County Planning Department recommendations dated February 12, 2014, regarding the Aquifer Protection Permit application submitted by Gutchess Lumber Co., Inc. for property located at 3599 Route 281, tax map #95.12-01-13.000. All voting aye, the motion was carried. 33 MARCH 05, 2014 TOWN BOARD MEETING PAGE 4 RESOLUTION #49 APPOINT LENORE LEFEVRE TO THE CORTLANDVILLE ZONING BOARD OF APPEALS Motion by Councilman Rocco Seconded by Councilman Testa VOTES: AYE - Tupper, Testa, Rocco, Proud, Leach NAY - 0 ADOPTED BE IT RESOLVED, the Town Board does hereby appoint Lenore LeFevre, of 3395 Gunzen Drive, Cortland, New York to the Cortlandville Zoning Board of Appeals, commencing March 5, 2014 and shall expire December 31, 2015. Councilman Proud made a motion, seconded by Councilman Leach, to receive and file correspondence from Attorney Robert M. Shafer, dated February 24, 2014, regarding the Town's proposed Draft Land Use Plan and property owned by James Stevens located on Ridgeview Dr., Hillcrest Dr., and Cosmos Hill Rd. All voting aye, the motion was carried. Attorney Folmer would provide the correspondence from Attorney Shafer to the Land Use Committee at Supervisor Tupper's request. RESOLUTION #50 DECLARE THE MONTH OF APRIL AS FAIR HOUSING MONTH IN THE TOWN OF CORTLANDVILLE Motion by Councilman Rocco Seconded by Councilman Leach VOTES: AYE - Tupper, Testa, Rocco, Proud, Leach NAY - 0 ADOPTED WHEREAS, in accordance with the Title VIII Fair Housing Policy of the Civil Rights Act of 1968 and the Fair Housing Amendments Act of 1988, and WHEREAS, the month of April 2014 has been designated by the US Department of Housing and Urban Development's Office of Fair Housing and Equal Opportunity as Fair Housing Month, now therefore BE IT RESOLVED, the Town Board of the Town of Cortlandville hereby declares and proclaims the month of April as Fair Housing Month in the Town. RESOLUTION #51 APPROVE EXTRA WORK AUTHORIZATION NO. 3 FROM CLOUGH HARBOUR & ASSOCIATES FOR THE NYS ROUTE 13 SANITARY TRUNK SEWER REHABILITATION PROJECT Motion by Councilman Proud Seconded by Councilman Leach VOTES: AYE - Tupper, Testa, Rocco, Proud, Leach NAY - 0 ADOPTED BE IT RESOLVED, the Town Board does hereby approve the Extra Work Authorization No. 3 from Clough Harbour & Associates, dated February 26, 2014, for the NYS Route 13 Sanitary Trunk Sewer Rehabilitation Project in the amount of $2,360.00. Attorney Folmer explained that when the Town started to work on the NYS Route 13 Sanitary Trunk Sewer Rehabilitation Project it appeared that the Town would be working entirely within the State right-of-way. Clough Harbour & Associates (CHA) prepared documentation for the Rural Development Agency, and in their review indicated that some of the property included private property in which easements would be necessary. The extra work authorization would allow CHA to perform research regarding the location of right-of-way and easement boundaries. If any easements are necessary Attorney Folmer would prepare the documents. MARCH 05, 2014 TOWN BOARD MEETING PAGE 5 3H Councilman Proud questioned whether the bidding would be delayed due to the research. Supervisor Tupper indicated that until the questions are answered the Town could not go out to bid. The Town hoped to go to bid in the spring and to commence construction in 2014. RESOLUTION #52 REFER AQUIFER PROTECTION PERMIT APPLICATION SUBMITTED BY ELIZABETH WOOD, DVM FOR PROPERTY LOCATED AT 3512 ROUTE 281 TO THE TOWN AND COUNTY PLANNING BOARDS FOR REVIEW AND RECOMMENDATIONS Motion by Councilman Rocco Seconded by Councilman Leach VOTES: AYE - Tupper, Testa, Rocco, Proud, Leach NAY - 0 ADOPTED BE IT RESOLVED, the Aquifer Protection Permit application submitted by Elizabeth Wood, DVM (Crossroads Veterinary Clinic) for property located at 3512 Route 281, owned by 3512 State Rt 281 LLC, tax map #95.16-01-23.000, shall be forwarded to the Town and County Planning Boards for review and recommendations, and it is further RESOLVED, the Aquifer Protection Permit application is hereby received and filed. RESOLUTION #53 REFER AQUIFER PROTECTION PERMIT APPLICATION SUBMITTED BY CLIFFORD MALZMAN FOR PROPERTY LOCATED AT 807 ROUTE 13 TO THE TOWN AND COUNTY PLANNING BOARDS FOR REVIEW AND RECOMMENDATIONS Motion by Councilman Leach Seconded by Councilman Proud VOTES: AYE - Tupper, Testa, Rocco, Proud, Leach NAY - 0 ADOPTED BE IT RESOLVED, the Aquifer Protection Permit application submitted by Clifford Malzman (Cannon Pools) for property located at 807 Route 13, tax map #105.08-01-04.000, shall be forwarded to the Town and County Planning Boards for review and recommendations and it is further RESOLVED, the Aquifer Protection Permit application is hereby received and filed. Councilman Proud made a motion, seconded by Councilman Leach, to receive and file correspondence from the Cortland County Health Department Division of Environmental Health, dated February 28, 2014, regarding review of the plans and specifications for the Town's NYS Route 13 Sewer Rehabilitation Project. All voting aye, the motion was carried. There was discussion regarding correspondence from the New York State Department of Environmental Conservation regarding a change in classification of the South Hill Dump in the Registry of Inactive Hazardous Waste Disposal Sites in New York State. Attorney Folmer explained that the change in classification from Class 2 to 4 was a favorable change. The letter made reference to the fact that an appeal could be made by the owner to have the site completely removed from the list. The classification change would take effect 20 days after the date of the letter. Attorney Folmer would look into drafting a petition to have the site removed from the list. Councilman Leach made a motion, seconded by Councilman Testa, to receive and file correspondence from the New York State Department of Environmental Conservation, Division of Environmental Remediation, dated February 24, 2014, regarding a change in classification of the South Hill Dump in the Registry of Inactive Hazardous Waste Disposal Sites in New York State. All voting aye, the motion was carried. 1 I 1 MARCH 05, 2014 TOWN BOARD MEETING PAGE 6 3s No further comments or discussion were heard. Councilman Testa made a motion, seconded by Councilman Leach, to adjourn the Regular Meeting. All voting aye, the motion was carried. The meeting was adjourned at 5:35 p.m. Respectfully submitted, aren 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 March 19, 2014. The draft version of this meeting was approved as written at the Town Board meeting of April 2, 2014. �I 1