HomeMy WebLinkAbout06-18-2014JUNE 18, 2014
5:00 P.M.
PUBLIC HEARING NO. 1
AQUIFER PROTECTION PERMIT
PYROTEK, INC., OWNER
WATSON ENGINEERING, APPLICANT
NYS ROUTE 13
TAX MAP #105.00-03-14.000
A Public Hearing was held by the Town Board of the Town of Cortlandville at the
Blodgett Mills Independent Baptist Church, Blodgett Mills, New York, concerning an
application for an Aquifer Protection Permit submitted by Watson Engineering for Pyrotek, Inc.
to construct a 39,000 sq. ft. building for use as a storage facility for non-combustible material,
for property located on the west side of NYS Route 13, immediately north of the southern
intersection of Byrne Hollow Crossing and NYS Route 13, tax map #105.00-03-14.000.
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; Ken and
Dee Ettenberger; Jim and Lydia Ferro; Anna -Mae Artim; Show -Chen Huang; Marilee
Comerford; Lynne Meredith Corey; Barbara Parker; Donna Atkins; Shirley Breed; Donna and
Alex Fumarola; Pat and Bill Geis; Barb Leach; Dale and Barb Weaver; Ronald Angell; Erin
Watson; Robert Orleski; Mike Najur; Levi and Danny Niggli; James Bulger; News Reporters:
Tyrone Heppard from the Cortland Standard; 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 discussion were heard.
The Public Hearing was closed at 5:02 p.m.
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JUNE 18, 2014
5:02 P.M. �
TOWN BOARD MEETING
The Regular Meeting of the Town Board of the Town of Cortlandville was held at the
Blodgett Mills Independent Baptist Church, in Blodgett Mills, 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; Ken and
Dee Ettenberger; Jim and Lydia Ferro; Anna -Mae Artim; Show -Chen Huang; Marilee
Comerford; Lynne Meredith Corey; Barbara Parker; Donna Atkins; Shirley Breed; Donna and
Alex Fumarola; Pat and Bill Geis; Barb Leach; Dale and Barb Weaver; Ronald Angell; Erin
Watson; Robert Orleski; Mike, Levi and Danny Najur; James Bulger; News Reporters: Tyrone
Heppard from the Cortland Standard, Sharon Stevans from Channel 2, Access TV.
Supervisor Tupper called the meeting to order.
RESOLUTION # 108 AUTHORIZE SUPERVISOR TO SIGN
PURCHASE ORDER 40101
Motion by Councilman Rocco
Seconded by Councilman Leach
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 #0101 submitted by Water & Sewer Sup't. Alteri to be paid to Aftermarket Effects,
LLC for the purchase of two truck caps for the Water & Sewer Department's two new pickup
trucks, for the total cost of $2,479.90.
RESOLUTION # 109 AUTHORIZE SUPERVISOR TO SIGN
PURCHASE ORDER #0102
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 #0102 submitted by Water & Sewer Sup't. Alteri to be paid to Kinsley Power
Systems for the purchase of a backup generator for the Terrace Road Pump Station, for the total cost
of $24,038.00.
RESOLUTION # 110 AUTHORIZE SUPERVISOR TO SIGN
PURCHASE ORDER #1225
Motion by Councilman Proud
Seconded by Councilman Testa
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 41225 submitted by Highway Sup't. Bush to be paid to Stadium International for
the purchase of a turbo charger for truck #11, for the total cost of $2,821.50.
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JUNE 18, 2014 TOWN BOARD MEETING PAGE 2
RESOLUTION # 111 AUTHORIZE PAYMENT OF VOUCHERS - JUNE
Motion by Councilman Proud
Seconded by Councilman Testa
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 #599-654
General Fund A $ 21,021.77
General Fund B
$
7,577.43
Highway Fund DA
$
0.00
Highway Fund DB
$
47,021.65
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 #239-256
NYS Rt 13 Sewer Rehab HC $ 2,504.00
Sewer SS $ 8,267.04
Water SW $ 5,463.79
Funds SF, TA, TE Voucher #18-20
C'Ville Fire District SF $ 0.00
Trust & Agency TA $ 36,312.76
Expendable Trust TE $ 0.00
Supervisor Tupper moved to agenda item H-1 under old business, to receive and file
comments regarding the request made by Gutchess Lumber Co., Inc. for a Zoning Map
Amendment.
Councilman Testa commented that he reviewed the correspondence regarding Gutchess
Lumber's proposed Zone Change request. He stated that there was a lot of concern from the
public and that he was concerned as well.
Supervisor Tupper stated that the Board read the comments submitted and there were a
lot of valid points, as well as some duplicate comments.
Councilman Rocco thanked everyone for submitting comments and for calling the
councilmen as well. He and Councilman Proud took a tour of the property in question on
Tuesday, June 17, 2014. A lot of the questions they had were answered both visually and orally.
Supervisor Tupper stated that the correspondence would become part of the official
record. Attorney Folmer suggested that the names and dates of the correspondence be included
in the minutes.
Councilman Proud made a motion, seconded by Councilman Testa, to receive and file the
following comments regarding the request made by Gutchess Lumber Co., Inc. for a Zoning Map
Amendment: a) Valarie Ferro, received June 4, 2014; b) Ter-Jenq Huang, received June 4, 2014;
c) Ter-Jeng Huang, received June 6, 2014; d) James & Lydia Ferro, received June 4, 2014; e)
Barbara Hilsinger, received June 5, 2014; fl Anna -Mae Artim, received June 6, 2014; g) Pauline
and Kenneth Ettenberger, received June 10, 2014; h) Susan J. Fitts, received June 10, 2014; i)
Justine Butler, received June 10, 2014; j) Raphael Stark, received June 10, 2014; k) William
Locke, received June 11, 2014; 1) Thomas Dovi, received June 11, 2014; m) Gary Gutchess,
received June 12, 2014; n) Bruce Buchanan, received June 13, 2014; o) Terri Maxson, received
June 13, 2014; p) Marilee Comeford, received June 13, 2014; q) Lydia Ferro, received June 13,
2014; r) Petitions Opposing Gutchess Lumber Zoning Map Amendment, received June 13, 2014;
s) Lynne Meredith Corey, received June 13, 2014. All voting aye, the motion was carried.
Supervisor Tupper moved to agenda item H-2 to discuss the Zone Change request made
by Gutchess Lumber.
Councilman Proud mentioned that he just took his second tour of the Gutchess property
with Councilman Rocco. The applicant was requesting a zone change, which the DEC refers to
as a Type 1 action under SEQR, an action that requires a lot of attention. Councilman Proud
mentioned that he used to work for the DEC but he did not work with SEQR.
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JUNE 18, 2014 TOWN BOARD MEETING PAGE 3
Councilman Proud stated that under the SEQR regulations there was a list of items that
define an action as a Type 1 action, which includes a zone change over 25 acres and requires an
environmental assessment form (EAF). In the past, the Town Board has done many
environmental assessments with a short form. In this case a long form EAF must be completed
by the applicant; it is not the Town Board's responsibility. When the long form EAF is
completed by the applicant it would be submitted to the Town for review. Councilman Proud
did not believe that the Board members had the experience to review the long form EAF and
stated that the Town would have to hire a consultant to review the application.
Attorney Folmer explained that SEQRA means the State Environmental Quality Review
Act. He suggested the Board declare itself the Lead Agency for the project with regard to
SEQR, because the Board would make the final approval as to whether or not the Town's zoning
law would be changed or not. The Board should also have the applicant complete a long form
EAF, which deals with issues such as traffic, noise, odor, etcetera. The Board should then
confirm that it will hire its consultant to review the long form EAF, and to make
recommendations with regard to what action the Board should take regarding the responses that
the applicant has made. Attorney Folmer referred to the long form EAF. Part I, which answers a
series of questions, would be prepared by the applicant. With the consultants help, the Board
would review Part II about the impact of the project. Every time the Board answers that there
would be a severe impact on the environment, they must proceed to Part III to explain why the
determination was made and what mitigation could be put into place.
Attorney Folmer stated that in the County Planning Board's report there is reference to a
short form EAF, which was submitted by the applicant to the County Planning Board. Town
Clerk Snyder attempted to obtain a copy of the short form EAF from the County Planning Board
this afternoon, but was unable to do so by the time of the meeting. The County Planning Board
recommended the Town complete a long form EAF, which was consistent with what
Councilman Proud suggested.
Attorney Folmer commented that SEQRA is not a determination process. It does not
decide whether an action is granted or denied. What it does is force the Town to examine in
significant detail whatever environmental impacts there might be as the result of the request the
Board has been given. He stated that many people believe that a SEQRA determination
determines the issue, which is not the case.
Attorney Folmer apprised the Board he took a closer look at the County Planning Board's
report, in which they recommended unanimously that the matter be approved. Considering the
comments that the Town received, it occurred to him that the County Planning Board looked at
the application as if to say "the mere fact that you change the zone does not accomplish much";
the only time you begin to feel impact is when someone wants to make use of the land. The long
form EAF specifically identifies many of the concerns that have been addressed in the comments
made. He hoped that all of the comments that were received would be provided to the Town's
consultant.
RESOLUTION # 112 DECLARE TOWN BOARD AS LEAD AGENCY WITH
REGARD TO THE ADOPTION OF A LOCAL LAW FOR THE
YEAR 2014 WHICH WOULD AMEND THE ZONING LAW
AND MAP OF THE TOWN OF CORTLANDVILLE
SUBMITTED BY GUTCHESS LUMBER CO., INC.
Motion by Councilman Proud
Seconded by Councilman Testa
VOTES: AYE - Tupper, Testa, Rocco, Proud, Leach NAY — 0
ADOPTED
BE IT RESOLVED, the Town Board does hereby declare itself Lead Agency for SEQRA
purposes with regard to the adoption of a Local Law for the year 2014, which would amend the
Zoning Law and Map of the Town of Cortlandville, submitted by Gutchess Lumber Co. Inc.
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JUNE 18, 2014 TOWN BOARD MEETING PAGE 4
RESOLUTION # 113 REQUEST APPLICANT, GUTCHESS LUMBER CO., INC.
SUBMIT A FULL ENVIRONMENTAL ASSESSMENT FORM
(EAF)
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 request the applicant, Gutchess Lumber Co.
Inc. submit a Full Environmental Assessment Form (EAF) with regard the adoption of a Local
Law for the year 2014, which would amend the Zoning Law and Map of the Town of
Cortlandville.
RESOLUTION # 114 AUTHORIZE SUPERVISOR TO SOLICIT CONSULTANTS
FOR THE REVIEW OF A FULL ENVIRONMENTAL
ASSESSMENT FORM (EAF) TO BE SUBMITTED BY
GUTCHESS LUMBER CO.. INC.
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 authorize and direct the Supervisor to solicit
consultants to review a Full Environmental Assessment Form to be submitted by Gutchess
Lumber Co., Inc. regarding the adoption of a Local Law for the year 2014, which would amend
the Zoning Law and Map of the Town of Cortlandville.
Supervisor Tupper indicated that the issue sits until the Board receives the EAF.
Attorney Folmer noted the items that a long form EAF deals with: planning and zoning actions;
adopted land use plans; zoning; proposed or potential development; project operations; protected
species; land uses on and surrounding the project site; potential resources on or near the project
site; designated public resources on or near the project site; and additional requirements with
regard to archaeological or historic sites as well as nature sites and endangered species. Attorney
Folmer stated that it was a comprehensive form that was recently revised.
Supervisor Tupper stated that the public comments did not go in vain. He stated that
there were a lot of rumors and misconceptions going around. He stated that the Board
understands and listens to the public, and appreciated everyone who attended the meeting
tonight.
Councilman Proud suggested the public look at the DEC's website and search SEQRA
for more information.
Meredith Corey, who resides on Bowling Green, questioned what parcels were involved
in the zone change request.
Supervisor Tupper indicated that Gutchess Lumber has owned property adjacent to them
since 1973 for future expansion. The company was now asking the Town to change the zoning.
He explained the locations of the parcels included in the request, which are located on Route
281, McLean Road and Stupke Road, and noted that none of the parcels included residential
homes. Supervisor Tupper referred to the Town Zoning Map and pointed out that property was
zoned Industrial in the surrounding area — from Pall Trinity on Route 281 to the former Borg
Warner building located on Luker Road. He stated that it would be much less expensive to
expand the company on property they already own versus moving the operation. He mentioned
that Gutchess Lumber has significant holdings in Pennsylvania.
Town resident, Lydia Ferro commented that she agrees with the business existing and
that it is beneficial to the area, however she asked the Board to remember that a lot of people live
in the area. She was concerned that a zone change to Industrial (I-2) would infringe on the
residents. She stated that "making this an industrial area with no projection into the future will
affect all of us."
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JUNE 1 E, 2014 TOWN BOARD MEETING PAGE 5
An unknown resident questioned whether one of the parcels included in the request was
the corn field behind the residences on McLean Road. She was shocked with how close the
property was to the residences. Supervisor Tupper noted that the parcel she was referring to was
included in the zone change request.
Supervisor Tupper offered privilege of the floor to Shirley Breed.
Shirley Breed informed the Board she was very upset about the creek that runs through
the backyard of her property located in Blodgett Mills next to the Blodgett Mills Park, and
flooding problems. Supervisor Tupper informed Mrs. Breed that state law prohibits the Town
from performing work on private property. Attorney Folmer explained that there is a
constitutional provision that the Town may not work on private property. He stated that he
would discuss her concern with Highway Sup't. Bush and that one of them would be in contact
with her.
Attorney Folmer and the Board reviewed the SEQR Short Environmental Assessment
Form for the Aquifer Protection Permit application submitted by Watson Engineering for
Pyrotek, Inc., for property located off of NYS Route 13.
RESOLUTION # 115 DECLARE NEGATIVE IMPACT FOR AQUIFER
PROTECTION PERMIT #3 OF 2014 SUBMITTED BY
WATSON ENGINEERING FOR PYROTEK, INC. FOR
PROPERTY LOCATED OFF OF NYS ROUTE 13
Motion by Councilman Proud
Seconded by Councilman Rocco
VOTES: AYE - Tupper, Testa, Rocco, Proud, Leach NAY - 0
ADOPTED
WHEREAS, an Aquifer Protection Permit application was submitted by Watson Engineering for
Pyrotek, Inc. to permit the construction of a 39,000 sq. ft. building for use as a storage facility for
non-combustible material, for property located on the west side of NYS Route 13, immediately
north of the southern intersection of Byrne Hollow Crossing and NYS Route 13, tax map #105.00-
03-14.000, 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
Watson Engineering for Pyrotek, Inc., Aquifer Protection Permit #3 of 2014, shall have no
significant environmental impact.
RESOLUTION # 116 AUTHORIZE SUPERVISOR TO SIGN SEQRA
APPLICATION OF AQUIFER PROTECTION
PERMIT 43 OF 2014
Motion by Councilman Rocco
Seconded by Councilman Proud
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 #3 of 2014, submitted by Watson Engineering for
Pyrotek, Inc.
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JUNE 18, 2014 TOWN BOARD MEETING PAGE 6
Attorney Folmer suggested that if the Board approved the Aquifer Protection Permit that
they do so subject to the Town and County Planning Board recommendations. The Town
Planning Board had two issues that were reflected in their May 27, 2014 minutes. The first issue
was regarding the color of the siding of the building, which Attorney Folmer thought had been
resolved. The second issue was regarding the approval of the Stormwater Pollution Prevention
Plan (SWPPP), which was completed and submitted to the Cortland County Soil & Water
Conservation District, but had not been approved by the Town. Approval of the SWPPP by the
Town was also included in the conditions from the County Planning Board. The Town Planning
Board was not scheduled to meet again until June 24, 2014.
RESOLUTION # 117 APPROVE AQUIFER PROTECTION PERMIT #3 OF 2014
SUBMITTED BY WATSON ENGINEERING FOR PYROTEK,
INC. FOR PROPERTY LOCATED OFF OF NYS ROUTE 13
SUBJECT TO CONDITIONS
Motion by Councilman Leach
Seconded by Councilman Proud
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 #3 of 2014,
submitted by Watson Engineering for Pyrotek, Inc., permitting the construction of a 39,000 sq. ft.
building for use as a storage facility for non-combustible material, for property located on the west
side of NYS Route 13, immediately north of the southern intersection of Byrne Hollow Crossing
and NYS Route 13, tax map #105.00-03-14.000, subject to conditions from the Town and County
Planning Boards:
1. That there be no floor drains in the facility, other than within the restrooms and
mechanical room. Any floor drains must be connected to the facility's sewage
disposal system.
2. The applicant obtaining approval of the public water and sewer connections,
including the installation of a backflow prevention device for the public water
connection, from the County Health Department and Town.
3. The applicant filing a Notice of Intent with the NYS Department of Environmental
Conservation (DEC) per the NYS Phase II stormwater regulations in addition to the
preparation of a stormwater pollution prevention plan for the site since this proposal
involves the disturbance of more than one acre of land.
4. The Stormwater Pollution Prevention Plan being approved for the site by the Town
per the Town's stormwater ordinance.
5. The Town consider requiring the applicant to design the proposed building to
conform with the Town's Design and Development Guidelines.
6. Compliance with SEQR requirements.
7. Town Planning Board reserves final approval of the color of the siding for the
building.
AND IT IS FURTHER RESOLVED, the Supervisor is hereby authorized to sign the permit.
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JUNE 18, 2014
TOWN BOARD MEETING
PAGE 7
made.
Supervisor Tupper offered privilege of the floor to those in attendance. No requests were
Councilman Rocco stated that he would like to see the Town help Mrs. Breed with her
flooding problems involving the creek that runs through her property. He requested Attorney
Folmer research what the Town could do that would not be against the law or put the Town at
risk.
Councilman Testa indicated that the Town has received 9 other requests regarding the
same issue.
Attorney Folmer stated that if the work to be done on Mrs. Breed's property and the other
9 properties involve working on private property, that the Town would be doing so against state
law.
Councilman Proud stated that he was not in favor of any illegal action by the Town.
Councilman Rocco stated that he would like to know if there were any alternatives
available that would not put the Town at risk. He requested a copy of the current law.
Attorney Folmer would provide the Board with the requested information.
The monthly reports of the Town Justices for the month of May 2014 were on the table
for review and are filed in the Town Clerk's Office.
RESOLUTION # 118 ACCEPT 2014 TAX COLLECTOR'S SUMMARY
Motion by Councilman Proud
Seconded by Councilman Testa
VOTES: AYE — Tupper, Testa, Rocco Proud, Leach NAY — 0
ADOPTED
BE IT RESOLVED, the 2014 Tax Collector's Summary is hereby accepted and shall be received
and filed.
Councilman Proud made a motion, seconded by Councilman Rocco, to receive and file
correspondence from Time Warner Cable, dated June 18, 2014, regarding programming services.
All voting aye, the motion was carried.
Under new business, Town Clerk Snyder apprised the Board she received a Notice of
Appearance regarding the bankruptcy proceedings of UC Cortland Housing, LLC. The Town of
Sweden, who was named in the Notice, now had an attorney who would be representing them.
Councilman Leach made a motion, seconded by Councilman Testa, to receive and file
correspondence from Attorney James D. Bell, dated June 6, 2014, and the Notice of Appearance
and Waiver in Foreclosure on behalf of the Town of Sweden, in the matter of General Electric
Capital Corporation vs. UC Cortland Housing, LLC et al. All voting aye, the motion was
carried.
There was a brief discussion regarding the award of the Program Delivery and
Administrative Services for the 2013 CDBG Town -Wide Housing Rehabilitation. Attorney
Folmer explained that the Town received two RFP's from Thoma Development Consultants and
Ken Jackson of Kenday Management Systems. In the Town's request there was a great deal of
information regarding the steps that a successful bidder would take, including monitoring and
arranging for mortgaging and inspections, selection of contractors, etcetera. None of which was
included in the proposed submission from Mr. Jackson. Based on his and Town Clerk Snyder's
review, Attorney Folmer stated that Thoma Development Consultants submitted the only
responsive bid.
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JUNE 18, 2014 TOWN BOARD MEETING PAGE 8
RESOLUTION # 119 AWARD BID TO THOMA DEVELOPMENT CONSULTANTS
FOR PROGRAM DELIVERY AND ADMINISTRATIVE
SERVICES FOR THE 2013 COMMUNITY DEVELOPMENT
BLOCK GRANT — TOWN -WIDE HOUSING
REHABILITATION
Motion by Councilman Testa
Seconded by Councilman Leach
VOTES: AYE - Tupper, Testa, Rocco, Proud, Leach NAY - 0
ADOPTED
WHEREAS, a Request for Proposal was advertised for the program delivery and administrative
services for the 2013 Community Development Block Grant — Town -Wide Housing
Rehabilitation, and
WHEREAS, sealed bids were opened by the Town Clerk on June 2, 2014 at 12:00 p.m. as
follows:
Thoma Development Consultants $69,000.00
34 Tompkins Street
Cortland, NY 13045
Kenday Management Systems $ 7, 100.00
105 Rann Ave.
Syracuse, NY 13204
BE IT RESOLVED, the bid as recommended is hereby awarded to Thoma Development
Consultants of Cortland, New York, the only responsive bid, in the amount of $69,000.00.
Attorney Folmer reported:
Home Rule Request:
Attorney Folmer apprised the Board the Town's Home Rule Request passed the State
Senate on June 17, 2014. The State Assembly referred the Bill to the Ways and Means
Committee, but had not yet passed the Bill.
Closing of Budget Inn Motel:
Attorney Folmer apprised the Board that according to an article in the Cortland Standard
the Budget Inn, located on Route 11 in the Town of Cortlandville and Village of Homer, would
be closing as of July 1, 2014. Assistant CEO Desiree Campbell made a comment to the
newspaper concerning the reasons for the closure. A number of issues that were not able to be
resolved led to the conclusion to close by the owners.
Local Law for Significant Industrial Users Water Rates:
Attorney Folmer apprised the Board that Councilman Proud and Water & Sewer Sup't.
Alteri requested he prepare a proposed Local Law for Significant Industrial Users Water Rates, a
copy of which he provided to the Board. He pointed out a typographical error in the last
paragraph. The word "One" should read "Once".
Attorney Folmer explained that the proposed Local Law created a definition for
Significant Industrial Users, and discusses a process by which an industry can make application
to be treated as such. The industry would be monitored quarterly to be sure they are using
25,000 gallons of water per day.
Attorney Folmer suggested the Board schedule a public hearing for the proposed Local
Law.
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JUNE 18, 2014 TOWN BOARD MEETING PAGE 9
RESOLUTION # 120 SCHEDULE PUBLIC HEARING FOR A LOCAL LAW OF 2014
- SIGNIFICANT INDUSTRIAL USERS, WATER RATES
Motion by Councilman Leach
Seconded by Councilman Rocco
VOTES: AYE — Tupper, Testa, Rocco Proud, Leach NAY — 0
ADOPTED
BE IT RESOLVED, a Public Hearing shall be scheduled for July 9, 2014 at 5:00 p.m. at the J.M.
McDonald Center, Cortland, New York concerning a Local Law of 2014 - Significant Industrial
Users, water rates.
RESOLUTION # 121 AUTHORIZE APPROVAL REQUEST OF CARA CUMMINS
FOR THE 2013 COMMUNITY DEVELOPMENT BLOCK
GRANT TOWN -WIDE HOUSING REHABILITATION
PROGRAM
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 authorize the approval request of Cara
Cummins, for property located at 7 Ok Street in the Town of Cortlandville, for a 100% deferred
loan for the 2013 Community Development Block Grant Town -Wide Housing Rehabilitation
Program, and it is further
RESOLVED, the work to be completed would include roofing, for a total of $8,950.00.
RESOLUTION # 122 AUTHORIZE APPROVAL REQUEST OF STACY CRANDALL
FOR THE 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 approval request of Stacy
Crandall for property located at 1280 Fisher Avenue in the Town of Cortlandville, for a 100%
deferred loan for the 2013 Community Development Block Grant Town -Wide Housing
Rehabilitation Program, and it is further
RESOLVED, the work to be completed would include roofing, electric, plumbing, exterior
carpentry, interior carpentry and flooring, for a total of $25,000.00.
RESOLUTION # 123 SCHEDULE PUBLIC HEARING FOR AQUIFER
PROTECTION PERMIT SUBMITTED BY DMK
DEVELOPMENT - CORTLAND, LLC (TRACTOR SUPPLY)
FOR PROPERTY LOCATED OFF OF ROUTE 13
Motion by Councilman Proud
Seconded by Councilman Leach
VOTES: AYE - Tupper, Testa, Rocco, Proud, Leach NAY — 0
ADOPTED
BE IT RESOLVED, a Public Hearing shall be scheduled for July 9, 2014 at 5:00 p.m., or as soon
thereafter, at the J.M. McDonald Center, Cortland, New York, for the Aquifer Protection Permit
application submitted by DMK Development - Cortland, LLC (Tractor Supply), for property
owned by Joann Clowser, located off of Route 13, tax map #105.00-01-49.110.
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JUNE 18, 2014 TOWN BOARD MEETING PAGE 10
Councilman Leach apprised the Board that the Cortland County Fair Board would like
Fairground Drive and Carroll Street closed from July 8, 2014 thru July 12, 2014 as they have
requested in the past.
RESOLUTION # 124 AUTHORIZE "TEMPORARY CLOSURE" OF A SECTION OF
FAIRGROUND DRIVE AND CARROLL STREET FOR THE
CORTLAND COUNTY FAIR SUBJECT TO APPROVAL
FROM THE TOWN HIGHWAY SUP'T.
Motion by Councilman Proud
Seconded by Councilman Testa
VOTES: AYE - Tupper, Testa, Rocco, Proud, Leach NAY — 0
ADOPTED
WHEREAS, the Town received a request from the Cortland County Fair Board to authorize a
"Temporary Closure" of a section of Fairground Drive and Carroll Street during the 2014 Cortland
County Fair, and
WHEREAS, the temporary closure will not prohibit emergency vehicles access to Fairground Drive
or Carroll Street, therefore
BE IT RESOLVED, the Town Board does hereby authorize a "Temporary Closure" on a portion of
Fairground Drive and Carroll Street, being the "corner" where the two roadways connect, from July
8, 2014 through July 12, 2014 for the 2014 Cortland County Fair, subject to approval from the
Town Highway Sup't, and it is further
RESOLVED, signage for the temporary closure shall be provided by the Cortland County Fair
Board.
Councilman Leach introduced his two grandsons, Levi and Danny Niggli to those in
attendance.
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 5:55 p.m.
Respectfully submitted,
WM A -e -;D e�;?
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 July 3, 2014.
The draft version of this meeting was approved as written at the Town Board meeting of July 9.2014