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HomeMy WebLinkAbout08-15-2012AUGUST 15, 2012 5:00 P.M. 113 PUBLIC HEARING NO. 1 AQUIFER PROTECTION PERMIT CAZENOVIA EQUIPMENT CO., INC. ROUTE 11 TAX MAP #87.00-04-03.000 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, permitting the construction of an 8,740 sq. ft. building addition to an existing facility, for property located on the south side of US Route 11/NYS Route 41, approximately 6/10 mile east of the City of Cortland, tax map #87.00-04- 03.000. Members present: Supervisor, Richard C. Tupper Councilman, Ronal L. Rocco Councilman, Gregory K. Leach Town Clerk, Karen Q. Snyder, RMC Absent: Councilman, Theodore V. Testa Councilman, John C. Proud Others present were: Town Attorney, John Folmer; Highway Sup't., Carl Bush; Town Planning Board Member, Nick Renzi; Mark Suben, Cortland County District Attorney; Bob Frazee, Rod Ives, and Tom Coonery representing Cazenovia Equipment; Barb Leach; JoAnn and Bob O'Rourke; Steve Flatt; Mike Barylski; Bob Beard; News Reporter: Sharon Stevans for 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. Councilman Rocco commented that Cazenovia Equipment was a wonderful company. No further comments or discussions were heard. The Public Hearing was closed at 5:05 p.m. 1 III AUGUST 15, 2012 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, Ronal L. Rocco Councilman, Gregory K. Leach Town Clerk, Karen Q. Snyder, RMC Absent: Councilman, Theodore V. Testa Councilman, John C. Proud Others present were: Town Attorney, John Folmer; Highway Sup't., Carl Bush; Town Planning Board Member, Nick Renzi; Mark Suben, Cortland County District Attorney; Bob Frazee, Rod Ives, and Tom Coonery representing Cazenovia Equipment; Barb Leach; JoAnn and Bob O'Rourke; Steve Flatt; Mike Barylski; Bob Beard; News Reporter: Sharon Stevans for Channel 2, Access TV. Supervisor Tupper called the meeting to order. Councilman Leach made a motion, seconded by Councilman Rocco, to approve the Draft Town Board Minutes of August 1, 2012. 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 July 31, 2012. All voting aye, the motion was carried. RESOLUTION #139 AUTHORIZE SUPERVISOR TO SIGN PURCHASE ORDER #0098 Motion by Councilman Leach Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to sign Purchase Order #0098 submitted by Water & Sewer Sup't. Peter Alteri to be paid to HD Supply Water Works, Ltd. for the purchase of material used for the Weaver Road waterline project, for the total cost of $3,848.40. RESOLUTION 4140 AUTHORIZE PAYMENT OF VOUCHERS — AUGUST Motion by Councilman Rocco Seconded by Councilman Leach VOTES: ALL AYE ADOPTED BE IT RESOLVED, the vouchers submitted have been audited and shall be paid as follows: General Fund A General Fund B Highway Fund DB Special Grants Water Fund Sewer Fund 1 1 Vouchers 4424 - 443 $ 9,463.35 B112 - B122 $ 2,363.13 D285 - D322 $111,520.29 C8 - C11 $ 11,127.87 W224 - W236 $ 32,403.13 S 102 - S 113 $ 20,682.71 li5 AUGUST 15, 2012 TOWN BOARD MEETING PAGE 2 Supervisor Tupper offered privilege of the floor to Mark Suben. Cortland County District Attorney, Mark Suben apologized for not reporting to the Board on a yearly basis. He apprised the Board he was running for a second term for District Attorney and asked for their support. He gave the Board a report of his accomplishments during his last four years in office, including specific cases that he prosecuted. He discussed the Child Advocacy Center, which the DA's office took over as well as some of the current cases that would be prosecuted by the DA's office. He asked the Board for their consideration in the upcoming election. Supervisor Tupper thanked Mr. Suben for the effort he puts into the Town Court. He stated that allowing an ADA and a public defender to come to the Town twice a week has made a difference. Councilman Rocco had three issues to discuss with Mr. Suben. The first was with regard to the situation at the College Suites which had improved since about 60 residents had been removed. Mr. Suben took some of the credit for the improved situation stating that he made it a priority for Judge Castillo and that he also put pressure on TC3. The second issue involved family court and children being removed from homes in Cortland County. Statistically, there are 500 cases in Cortland County in comparison to 90 in Onondaga. Mr. Suben responded that he did not have any direct administrative responsibility, and suggested Councilman Rocco see him again after the election. The last issue involved noise complaints and how they are handled by the police. Councilman Rocco questioned why arrests are not made by the sheriff/state trooper when the property owner/party-goers swear at the officers. Mr. Suben stated that it depends on the situation and the officer and explained different circumstances under the law. He stated that he "was happier if a police officer does not make an arrest because he was verbally assaulted than if he did." Mr. Suben stated that noise arrests are difficult to make. The monthly report of the Town Justice for the month of July 2012 was on the table for review and is filed in the Town Clerk's Office. There was a brief discussion regarding the 2011 Audit Report of the Town of Cortlandville. Supervisor Tupper stated that the report would be put on the next meeting's agenda as the Board did not have time to review it. He indicated that the report was mostly favorable. - RESOLUTION #141 ACKNOWLEDGE AUDIT REPORT OF THE FISCAL AFFAIRS OF THE TOWN OF CORTLANDIVLLE FROM CIASCHI, DIETERSHAGEN, LITTLE, MICKELSON & COMPANY, LLP FOR THE PERIOD ENDING DECEMBER 31, 2011 Motion by Councilman Leach Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Audit Report of the fiscal affairs of the Town of Cortlandville from Ciaschi, Dietershagen, Little, Mickelson & Company, LLP for the period ending December 31, 2011 for the Town of Cortlandville is hereby acknowledged and shall be received and filed. Under Communications, Supervisor Tupper stated he distributed a letter to the members of the Board that he received from TCI Renewables, dated August 13, 2012. The letter was not received and filed. Councilman Rocco reminded the Board they were all invited to take a tour with the Jeff Guido, Town Historian of the historical sites in McGraw. Councilman Rocco joined Mr. Guido for the tour and commented on the day. Supervisor Tupper noted that Mr. Guido purchased some historical books on the history of McGraw. Supervisor Tupper mentioned that he received comments from Robert and Joann O'Rourke, dated August 15, 2012, regarding the proposed ordinance for Wind Energy Facilities. AUGUST 15, 2012 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 Cazenovia Equipment Co., Inc. for property located on US Route 11/NYS Route 41. Councilman Rocco questioned how the oils would be handled. Attorney Folmer apprised him that the Town and County Planning Boards considered it in their recommendations. The Town Board typically approves an Aquifer Protection Permit subject to the Town and County Planning Board's recommendations. RESOLUTION #142 DECLARE NEGATIVE IMPACT FOR AQUIFER PROTECTION PERMIT #3 OF 2012 SUBMITTED BY CAZENOVIA EQUIPMENT CO., INC. FOR PROPERTY LOCATED ON US ROUTE 11/NYS ROUTE 41 Motion by Councilman Rocco Seconded by Councilman Leach VOTES: ALL AYE ADOPTED WHEREAS, an Aquifer Protection Permit application was submitted by Cazenovia Equipment Co., Inc. to permit the construction of an 8,740 sq. ft. building addition to an existing facility, located on the south side of US Route 1l/NYS Route 41, approximately 6/10 mile east of the City of Cortland, tax map #87.00-04-03.000, 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 Cazenovia Equipment Co., Inc., Aquifer Protection Permit 93 of 2012, shall have no significant environmental impact. RESOLUTION #143 AUTHORIZE SUPERVISOR TO SIGN SEQRA APPLICATION OF AQUIFER PROTECTION PERMIT #3 OF 2012 Motion by Councilman Rocco Seconded by Councilman Leach VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Supervisor is hereby authorized and directed to sign the SEQRA application relating to Aquifer Protection Permit #3 of 2012, submitted by Cazenovia Equipment Co., Inc. RESOLUTION #144 APPROVE AQUIFER PROTECTION PERMIT #3 OF 2012 SUBMITTED BY CAZENOVIA EQUIPMENT CO., INC. FOR PROPERTY LOCATED ON US ROUTE 1 l/ NYS ROUTE 41 SUBJECT TO CONDITIONS Motion by Councilman Leach Seconded by Councilman Rocco VOTES: ALL AYE 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 2012, submitted by Cazenovia Equipment Co., Inc. permitting the construction of an 8,740 sq. ft. building addition to an existing facility, located on the south side of US Route 11/NYS Route 41, approximately 6/10 mile east of the City of Cortland, tax map #87.00-04-03.000, subject to the following conditions from the Town and County Planning Boards: 11� AUGUST 15, 2012 TOWN BOARD MEETING PAGE 4 1. The proposed floor drain being connected to the sanitary sewer equipped with an oil and grit separating tank. 2. Waste degreasing solvents being stored in drums or a holding tank and disposed of through a licensed waste hauler. 3. Waste oil being stored in a double walled storage container and disposed of through a licensed waste hauler. 4. The storage facilities for drums of unused petroleum products require coated concrete floors and secondary containment with a volume of at least 110% of the largest drum capacity, which is diked to prevent accidental spills or leaks from reaching the floor drain. Drums should be sealed, and tanks and drums must be located away from the floor drain. 5. Large drip pans being kept beneath drums which have spigots and are stored in horizontal position on racks. 6. Potentially contaminated scrap, including but not limited to scrap parts, batteries and used filters being stored in proper containers to prevent environmental release of contaminants. 7. The applicant obtaining a petroleum bulk storage permit from the County Health Department which is subject to compliance with those standards described in Articles XX, XXI, and XXII of the Sanitary Code of the Cortland County Health Department. 8. The applicant preparing a spill prevention and response plan for the facility and obtaining approval of the plan from the Town to insure that any spills are properly handled. 9. The applicant obtaining approval of the connection to public water and sewer, including the installation of a back flow prevention device for the public water connection from the County Health Department via application to the Town. 10. The applicant obtaining a Utility Work Permit from the NYS Department of Transportation (DOT) for the work within the US Route 11/NYS Route 41 right-of-way for the installation of utility service laterals. 11. The applicant providing the wastewater treatment plant with data regarding the effluent from the wash bay to insure that it can be properly handled by the treatment plant. 12. Compliance with SEQR requirements. AND IT IS FURTHER RESOLVED, the Supervisor is hereby authorized to sign the permit. Town Clerk Snyder apprised the Board she received notification from the Cortland Country Club with regard to the renewal of their liquor license. Councilman Rocco made a motion, seconded by Councilman Leach, to receive and file correspondence and the Renewal Application Notice Form from Gary S. Wilcox, dated August 9, 2012, regarding the renewal of the liquor license for the Cortland Country Club located at 4514 Route 281 in the Town of Cortlandville. All voting aye, the motion was carried. Town Clerk Snyder apprised the Board that the Town Clerk's Office added credit/debit card and e-check capability to the office for over the counter and phone payments to accommodate water/sewer payments and clerk fees. The office already utilizes credit/debit card/e-check payments for tax collection. There was no additional cost to the Town since the service was already setup for tax collection. Town Clerk Snyder explained that there is a site fee of 2.75% of the total purchase cost payable by the customer. Supervisor Tupper congratulated Town Clerk Snyder for moving forward with accepting credit card payments. _1 18 AUGUST 15, 2012 PAGE 5 Attorney Folmer reported: Benefit Tax - Cortland Mobile Home Park: Attorney Folmer recalled the situation regarding the Cortland Mobile Home Park and their concerns over the water/sewer benefit tax and water/sewer bills. With Town Clerk Snyder's assistance, Attorney Folmer thought that a resolution was near that would be advantageous to both the Town and the Park. Wind Energy Facilities: Attorney Folmer mentioned the letter the Town received from Gareth McDonald of TCI Renewables regarding the Crown City Wind Energy Project and SEQR. Attorney Folmer stated that Mr. McDonald also sent him a copy of the correspondence via email, which caused some concern from Attorney Folmer. Attorney Folmer therefore sent an email to Mr. McDonald, which he read aloud to the Board. Dear Mr. McDonald: I have received your email of August 13`" but was unable to open either of the two images which were attached. It is my understanding that this letter will be presented FOR INFORMATION PURPOSES ONLY and not for the purpose of instituting any proceeding action or consideration involving the opposed project. Attorney Folmer explained that he did not want to have the letter utilized as a proposal that is being presented to the Board which starts the clock running. Councilman Rocco questioned when the letter was received, as it was not the first time that Mr. McDonald has sent something to the Town. Attorney Folmer noted that he received the letter today. Attorney Folmer apprised the Board that Mr. McDonald responded via email with the following. Dear Mr. Folmer: That is correct. The letter is FOR INFORMATION PURPOSES ONLY to update the Town of Cortlandville on the progress of the SEQR process for TCI's proposed wind project in the area. I will send a hard copy of the letter for your records. Attorney Folmer thought the Town should be clear that it was not letting informal communication trigger the beginning of a project. Attorney Folmer thanked Mr. and Mrs. O'Rourke for submitting their comments to the Town regarding the proposed Wind Energy Facilities Ordinance. He received another comment in the form of a letter, which he would make sure the Board had for their review. Attorney Folmer and Councilman Rocco encouraged the public to submit their comments to the Board. Attorney Folmer also informed the Board that he received a comment after the last Town Board Meeting from a gentleman who requested 6 items be included in the text of the ordinance. Of the 6 items requested, 5 were addressed in the proposed ordinance. Attorney Folmer hoped that a review of the proposed ordinance would alleviate some concerns that people may have. Councilman Rocco thought that there was an error in the proposed ordinance which mentioned a Letter of Credit instead of a Bond. Councilman Rocco thought the Town would want a Bond. Attorney Folmer clarified that they agreed on a Letter of Credit instead of a Bond because if something goes "haywire" the Town would need to argue or perhaps litigate with the bonding company; the bond is more of an insurance policy. The Letter of Credit is an actual cash deposit in a bank labeled for the purpose of reclamation. The Letter of Credit remains in the bank subject to no withdrawals until the proper procedures have been accomplished. Councilman Rocco questioned what would happen if the company went bankrupt. Attorney Folmer stated that the Letter of Credit was exempt under the bankruptcy law from being collected by bankruptcy creditors. Supervisor Tupper mentioned that he was impressed with the content of the proposed ordinance, especially after comparing it to the ordinances of other towns. He contacted James Trasher at Clough Harbour & Associates to thank him for his efforts. Walgreens — Stormwater Management System: Attorney Folmer recalled that testing was done on the Walgreens Stormwater Management System and a report was filed by Chuck Feiszli of Resource Associates. Attorney Folmer submitted the report to Clough Harbour & Associates (CHA) to get their comments with regard to Mr. Feiszli's report. He requested that CHA submit their response by today, which they did not. Planning Board Member, Nick Renzi prepared a suggested format for remediation 1 1 11 119 AUGUST 15, 2012 TOWN BOARD MEETING PAGE 6 of the problem, which Attorney Folmer received for review today. Attorney Folmer stated that he would discuss the format with Mr. Trasher of CHA and with Mr. Feiszli once Mr. Trasher responded to him. Supervisor Tupper questioned whether the contractor was contacted regarding the problem. Attorney Folmer indicated that the contractor was involved however it was CHA that should be spearheading the remediation. There was a brief discussion regarding correspondence from the NYS DEC regarding the Draft Scoping Document of the Crown City Wind Farm. Councilman Rocco questioned how TCI would be in a position to include the Town in the SEQR and DEIS as one of the four towns that they are going to build in when the Town has a moratorium in place and has not received a proposal, nor would accept one at this time. He suggested the Town send a letter indicating that it has a moratorium in place and has received no proposal. Councilman Rocco also noted that Mr. McDonald from TCI commented that the project could proceed without turbines being located in Cortlandville. Attorney Folmer explained that the Town is named because under the SEQR regulations the Town is an involved agency. Whenever, or if a project is proposed for the Town, in the final analysis permits would have to be issued by the Town. The Town has permitting authority and must therefore be considered an involved agency for the County's purposes to do their SEQR. Attorney Folmer stated that if the County completes its SEQR process and makes a determination, the question then becomes whether or not the Town is bound by the County's SEQR determinations. In the past Attorney Folmer indicated that the Town is not bound by the County's SEQR determinations, to which the County Attorney concurred. When the SEQR is done at the Town, two SEQR's would have to be completed. The first SEQR would be completed when the proposed ordinance was adopted itself. A second SEQR process would be required by the Town when a proposal is made that involves the Town of Cortlandville. Attorney Folmer also agreed that Mr. McDonald made the comment that TCI would be able to proceed with the project even if Cortlandville was not involved. Mr. McDonald also mentioned that TCI would comply with all local zoning ordinances, including ordinances that were being formulated at the present time. Councilman Rocco stated that at the last meeting he raised the question of how a wind turbine could be built on the dump. He mentioned that he called the U.S. Geological Survey and the Environmental Protection Agency in Washington D.C. and asked whether there were any turbines built on dumps in the United States, to which they responded with laughter and told him that there is not one wind turbine built on a dump in the world. Councilman Rocco stated that TCI is planning to do blasting studies to see if it would tear the liner. Councilman Rocco was concerned that TCI would be addressing the issue of blasting rather than the issue of the "vibration of the turbines in a horizontal and vertical fashion and amongst one another that would cause tearing in the liner ... ." He stated that the issue of vibration has been proven through acoustical and sizematic studies. Councilman Rocco hoped that when the Town conducts its own SEQR that both issues would be addressed, and that they could also convince the County that they need to also take a look at this. Attorney Folmer stated there are two parts to that comment. First of all, he stated that it was the County's landfill, not the Town's. Secondly, he stated that the County would be derelict in its duty if did not examine in its SEQR process the effect, if any, upon the landfill that is owned and operated by the County. He stated that if and when the County has made its SEQR determinations, while the Town is not bound by the determinations, the Town is entitled to take into account and to examine the conclusions the County has reached and make its own determinations. At the present time, the County has to be concerned about the construction of these facilities that would have an effect on the landfill. Councilman Rocco stated that this was one instance where the Town of Cortlandville overrides the laws of the. County relative to our own zoning and planning. Attorney Folmer stated that this was the point that he was trying to get the Board to understand. Councilman Leach made a motion, seconded by Councilman Rocco, to receive and file correspondence from the New York State Department of Environmental Conservation, dated August 3, 2012, regarding the Draft Scoping Document for the Crown City Wind Farm. All voting aye, the motion was carried. AUGUST 15, 2012 TOWN BOARD MEETING PAGE 7 Councilman Leach made a motion, seconded by Councilman Rocco, to receive and file correspondence from the New York State Department of Transportation, dated August 9, 2012, regarding the speed limit on East River Road and the petition from residents of East River Road. All voting aye, the motion was carried. Supervisor Tupper thanked the NY JETS for holding their training camp in Cortland for the past three weeks, which was welcomed by the community. No further comments or discussion were heard. Councilman Rocco made a motion, seconded by Councilman Leach, to adjourn the Regular Meeting. All voting aye, the motion was carried. The meeting was adjourned at 5:50 p.m. Respe fully 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 August 31, 2012. The draft version of this meeting was approved as written at the Town Board meeting of September 5, 2012. [- L 1 1