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HomeMy WebLinkAbout09-19-2012SEPTEMBER 19, 2012 5:05 P.M. Iz9 PUBLIC HEARING NO. 1 AQUIFER PROTECTION PERMIT BESTWAY OF NEW YORK INC. LUKER ROAD TAX MAP #86.17-02-01.000 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, permitting the construction of a 10,000 sq. ft. building for use as an equipment/vehicle maintenance facility, for property located on the east side of Luker Road, approximately 1,450 ft. southeast of the Luker Road/NYS Route 281 intersection, tax map #86.17-02-01.000. Members present: Supervisor, Richard C. Tupper Councilman, Theodore V. Testa Councilman Ronal L. Rocco Councilman, John C. Proud Councilman, Gregory K. Leach Deputy Town Clerk, Kristin Rocco-Petrella, RMC Absent: Town Clerk, Karen Q. Snyder, RMC Others present were: Town Attorney, John Folmer; Highway Sup't., Carl Bush; Town Code Enforcement Officer, Tom Williams; Assistant Code Enforcement Officer, Desiree Campbell; Andrew Porter for Bestway Enterprises; Chuck Feiszli of Resource Associates; Victor Caracocly for Route 13 Partners, LLC; Steve Flatt; and Cindy Hulbert. Supervisor Tupper called the Public Hearing to order. Deputy Town Clerk, Kristin Rocco-Petrella, read aloud the published, posted and filed legal notice. Supervisor Tupper offered privilege of the floor to those in attendance. Councilman Rocco mentioned that he spoke with the adjacent property owner and he did not have a problem with the project. No further comments or discussions were heard. The Public Hearing was closed at 5:07 p.m. 1 ISO SEPTEMBER 19, 2012 5:07 P.M. PUBLIC HEARING NO. 2 AQUIFER PROTECTION PERMIT 1NTERTEK TESTING SERVICES, APPLICANT ELECTRICAL TESTING LABS, INC., OWNER OF RECORD 3933 ROUTE 11 TAX MAP #87.00-03-17.100 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 a 3,192 sq. ft. addition to the existing facility for the expansion of an existing testing laboratory, for property located on the south side of US Route 11/NYS Route 41, approximately I/4 mile east of the City of Cortland, tax map #87.00-03-17.100. Members present: Supervisor, Richard C. Tupper Councilman, Theodore V. Testa Councilman Ronal L. Rocco Councilman, John C. Proud Councilman, Gregory K. Leach Deputy Town Clerk, Kristin Rocco-Petrella, RMC Absent: Town Clerk, Karen Q. Snyder, RMC Others present were: Town Attorney, John Folmer; Highway Sup't., Carl Bush; Town Code Enforcement Officer, Tom Williams; Assistant Code Enforcement Officer, Desiree Campbell; Andrew Porter for Bestway Enterprises; Chuck Feiszli of Resource Associates; Victor Caracocly for Route 13 Partners, LLC; Steve Flatt; and Cindy Hulbert. Supervisor Tupper called the Public Hearing to order. Deputy Town Clerk, Kristin Rocco-Petrella, 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 5:10 p.m. 1 SEPTEMBER 19, 2012 5:10 P.M. 13.2 1 1 PUBLIC HEARING NO. 3 AQUIFER PROTECTION PERMIT CROWN COURT, LLC, APPLICANT WAL-MART STORES EAST, LP, OWNER OF RECORD 818 BENNIE ROAD TAX MAP #105.00-02-04.000 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 a 10,000 sq. ft. single story retail building, for property located on the south side of Bennie Road, approximately 200 ft. east of the Bennie Road/NYS Route 13 intersection, tax map #105.00-02-04.000. Members present: Supervisor, Richard C. Tupper Councilman, Theodore V. Testa Councilman Ronal L. Rocco Councilman, John C. Proud Councilman, Gregory K. Leach Deputy Town Clerk, Kristin Rocco-Petrella, RMC Absent: Town Clerk, Karen Q. Snyder, RMC Others present were: Town Attorney, John Folmer; Highway Sup't., Carl Bush; Town Code Enforcement Officer, Tom Williams; Assistant Code Enforcement Officer, Desiree Campbell; Andrew Porter for Bestway Enterprises; Chuck Feiszli of Resource Associates; Victor Caracocly for Route 13 Partners, LLC; Steve Flatt; and Cindy Hulbert. Supervisor Tupper called the Public Hearing to order. Deputy Town Clerk, Kristin Rocco-Petrella, 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 5:12 p.m. 13 7- SEPTEMBER 19, 2012 5:12 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 Deputy Town Clerk, Kristin Rocco-Petrella, RMC Absent: Town Clerk, Karen Q. Snyder, RMC Others present were: Town Attorney, John Folmer; Highway Sup't., Carl Bush; Town Code Enforcement Officer, Tom Williams; Assistant Code Enforcement Officer, Desiree Campbell; Andrew Porter for Bestway Enterprises; Chuck Feiszli of Resource Associates; Victor Caracocly for Route 13 Partners, LLC; Steve Flatt; and Cindy Hulbert. Supervisor Tupper called the meeting to order. There was a brief discussion regarding Purchase Order #0099 that was approved at the September 5, 2012 Town Board Meeting. Supervisor Tupper apprised the Board that the PO did not include trip fees or labor to be paid to Pasco. He requested the Board rescind the original resolution and authorize him to sign the corrected PO. RESOLUTION #158 RESCIND RESOLUTION #145 OF 2012 — "AUTHORIZE SUPERVISOR TO SIGN PURCHASE ORDER #0099" Motion by Councilman Rocco Seconded by Councilman Leach VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby rescind Resolution #145 of 2012, "Authorize Supervisor to Sign Purchase Order #0099" due to a change in the dollar amount to be paid to Pasco from $333.00 to $512.50 for the repairs to the Town Hall HVAC due to storm damage. RESOLUTION #159 AUTHORIZE SUPERVISOR TO SIGN CORRECTED PURCHASE ORDER #0099 Motion by Councilman Rocco Seconded by Councilman Leach VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to sign the corrected Purchase Order #0099 submitted by Water & Sewer Sup't. Peter Alteri to be paid to Pasco for repairs to the Town Hall HVAC due to storm damage, for the total cost of $512.10. RESOLUTION #160 AUTHORIZE PAYMENT OF VOUCHERS — SEPTEMBER Motion by Councilman Leach Seconded by Councilman Proud VOTES: ALL AYE ADOPTED BE IT RESOLVED, the vouchers submitted have been audited and shall be paid as follows: General Fund A Vouchers #472 - 502 $ 28,947.51 General Fund B B 132 - B 136 $ 2,593.86 Highway Fund DB D345 - D372 $ 95,842.37 Trust & Agency T25 - T27 $ 30,251.93 Special Grants C16 - C20 $ 13,998.16 Water Fund W259 - W271 $ 22,965.48 Sewer Fund St21 - S130 $ 25,403.56 Capital Project H7 - H7 $ 1,069.00 133 SEPTEMBER 19, 2012 TOWN BOARD MEETING PAGE 2 Supervisor Tupper offered privilege of the floor to Victor Caracocly. Victor Caracocly, of Route 13 Partners, LLC, requested privilege of the floor to discuss the future of his property located at 840 Route 13 (former Golden Skillet). He stated that he unfortunately came in at the tail -end of what was going on with the Town due to his old partner Russell, who was no longer a part of the group. It was his understanding that the Town has an order for demolition for the Route 13 property, and that the opportunity was available to either demolish and/or repair the asset. Mr. Caracocly was hoping to "stay the order for demolition" in hopes that he could come to an agreement with the Town for the property. He understood that the property has been in disarray for years, which he was not aware of in the past, but was now present to make it look better. Councilman Testa questioned whether Mr. Caracocly had any building plans with him for the property. Mr. Caracocly stated that he could only tell the Board what his plan of action was right now. He hired a landscaper to cut the grass. He stated that he planned to either lease or sell the property, and stated that there has been some maintenance that has gone array. Mr. Caracocly stated that his intent was to fix up the property by painting the fayade, replace whatever fascia board needs to be replaced, to fix the soffit, and some crack pointing. Councilman Proud questioned how long Mr. Caracocly had been a partner. Mr. Caracocly responded that he was an owner of the building since it was purchased about 5 years ago. However until recently, he was not involved until his former partner Russell shared with the partners the order for demolition. He stated that it was a "rude awakening" and that Russell is no longer a partner, or a decision -maker, and that he no longer has an interest in the ownership. Supervisor Tupper stated that the Board was given a series of photographs showing the inside and outside of the building from the Town Code Enforcement Officer and stated that extensive repair would be necessary — more repair than just painting. The pictures the Board saw did not indicate anything that could be brought back into compliance with the New York State Building Code. Mr. Caracocly stated that the pictures he saw did not show any holes in the roof, although he has not been on the roof. After talking with a few contractors, landscapers, and engineers, he was under the impression that the Town condemned the building and put a sign with a white X/red background on the building. He stated that he did not have any intention of anyone going inside the building at this time. Mr. Caracocly stated the main issue was the Route 13 corridor, which became a very thriving corridor in the last five years. He stated that he could understand why the Town was upset because the building looks disheveled from the outside. He reiterated his desire to paint the building, and stated that there was nothing he could do about the interior of the building. Councilman Testa asked CEO Williams when he sent the notice to the property owner regarding the building and questioned when Mr. Caracocly's partner came to the Town. CEO Williams stated that notice was given in March 2012 and that the Board held a hearing on the matter in May 2012. However, CEO Williams and Assistant CEO Campbell first met with Mr. Caracocly's former partner, Russell, in June 2011 during the fire & safety inspection for the building. At that time, Russell gave assurances that the building would either be repaired or torn down, however no action was taken. CEO Williams stated his concern, which he expressed to Mr. Caracocly in a meeting a few weeks ago, was the structural integrity of the roof. He stated that to paint the outside of the building, to clean-up the fayade and to mow the lawn would not mitigate the potential problem with the structure of the roof. There were two major fires inside the building; the last being in 2005/2006. To his knowledge, nothing has been done to the building since the last fire. CEO Williams stated that in his position as the CEO, before anyone could occupy the building a licensed engineer or architect would have to go inside the building and do a complete survey of the building and address any potential safety issues. If there are any issues, they would have to be remediated. CEO Williams clarified that the Board declared the building unsafe; there were no condemnation proceedings. The sign Mr. Caracocly mentioned is part of the fire code and was placed on the building by the Code Office to indicate to firemen that if the building is engaged in a fire, the "X" means that it is the recommendation of the Code Office that the fire be fought only from the outside of the building. CEO Williams stated the sign was a common practice, and that the Fire Code gives the Code Office the authority to do that. Councilman Testa asked Attorney Folmer for his input. Attorney Folmer stated that the Board should be aware of the status of the matter as far as what the Board would like to do next. First, he questioned Mr. Caracocly as to whether his former partner Russell was a member of the partnership at the time of the hearing. Mr. Caracocly responded that Russell was a partner, but stated he could not say that he was an authoritative person. Attorney Folmer stated that the internal affair of the partnership was not to SEPTEMBER 19, 2012 TOWN BOARD MEETING PAGE 3 be confused with the apparent authority that he expressed to the Board. Attorney Folmer stated that the Board had a hearing, and that Russell was in attendance. He was given an opportunity to ask CEO Williams questions, to present any information that he had concerning renovation, and he chose not to do so. He stated that the tape of the meeting would indicate that Russell concurred with the determination that this was an unsafe building. The Board proceeded to make the determination that the building should be demolished. In order to accomplish the demolition, the Town needs to, and can, obtain an Order from the State Supreme Court authorizing the Town to enter on to the premises for the purpose of demolition. Once the demolition is completed, the Town would ask the Court to assess the property with the cost of the demolition plus 50% of the cost for administrative purposes, which is what the Ordinance requires. Attorney Folmer informed the Board that on September 4, 2012 CEO Williams, Assistant CEO Campbell, and himself had a meeting with Mr. Caracocly. They discussed the condition of the building and they listened to Mr. Caracocly's plans which he outlined for the Board today. On September 5, 2012 CEO Williams sent Mr. Caracocly by email a memorandum summarizing the conversation. The memo included comments regarding lawn and vegetation, which Attorney Folmer observed had been mowed, buried tanks which they think are propane, some exterior surface repairs, the sign post, the roof, the building interior. They also indicated the following, which Attorney Folmer read aloud from CEO Williams' memo. The second Town Board of Cortlandville Board Meeting of the month is scheduled for September 19th at 5:00 p.m. in Town Hall .... If you or your representative wishes to be placed on the agenda for this meeting this office needs to be notified no later than close of business on 9/17/2012. Any information either in written or drawn form that is to be presented must be provided to this office by that date and time. If there is no request for inclusion on the agenda as above, a petition will be presented to the local Supreme Court for consideration to be sent on September 20tn As discussed in the meeting and as alluded to above, the Town Board acts without constraints by any of the Town officers present at the meeting. Its stated position at the present is that the building needs to be demolished, the tanks removed, and the grass vegetation be trimmed and then maintained. There is no guarantee implied by Mr. Folmer or myself that any of the above measures will change that Order. Attorney Folmer stated that Mr. Caracocly received and responded to the email, so we know that he had the information. Attorney Folmer reiterated the process for obtaining an Order to Show Cause, which would take time. He questioned how the Board wanted him to proceed. Supervisor Tupper stated that the Town is pro -business and that the state of the building is a nuisance and detracts business. He noted the structural problems with the building as determined by CEO Williams. Mr. Caracocly questioned if the Town had an engineering report stating that the building was structurally unsound. Supervisor Tupper stated that the Town did not get an engineer's report. Supervisor Tupper suggested that Attorney Folmer get the court order. He stated that the public wants to know when the building is coming down and is very happy that the Town finally did something about the situation. Mr. Caracocly voiced his concern that if the building is demolished the likelihood of the property remaining vacant was greater than if there was a structure on it. Mr. Caracocly stated he was looking for potential tenants to either take over the existing building, or for a tenant to make their own request for demolishing the building and building a structure. Councilman Testa reminded Mr. Caracocly that his former partner agreed with CEO Williams that the building should be demolished. Mr. Caracocly apprised the Board that the reason Russell was no longer his partner was because he did not have the ability to put the money in that was being talked about by Contento's for the demolition. Attorney Folmer explained that the ordinance permits the Board to make an order of either remediation or demolition. There was no information given at the hearing that would lead the Board to do anything but demolish the building. There was no information presented about renovation. Councilman Rocco questioned whether Russell was the managing partner. Mr. Caracocly could not say that he was the managing member, or that any one person was the managing member of the property. He explained that he and Russell used to work together for the company that owned Cortlandville Crossing, which Russell managed. Mr. Caracocly stated that Russell was involved with their property because he was more familiar with the area. Mr. Caracocly mentioned that he had never been to the area until they closed on the property. Attorney Folmer reiterated the process that would follow if he proceeds with obtaining the Order to Show Cause from the State Supreme Court. He stated that the process would not be completed overnight. Once the Town receives the Order, the Town does not have to exercise the authority that the Order gives. Attorney Folmer apprised Mr. Caracocly that the Town may go 1 F� 13S SEPTEMBER 19, 2012 TOWN BOARD MEETING PAGE 4 ahead with the process. However, if Mr. Caracocly were to come forward with a set of detailed plans as to what he was going to do and when they were going to be done etcetera, the Board could direct Attorney Folmer not to proceed to finish the process. Councilman Testa questioned CEO Williams the last time Russell was at the Town. CEO Williams recalled the last time Russell was here was in June. Councilman Testa stated that they had 12 weeks to respond, and questioned why Mr. Caracocly didn't call the Town. Mr. Caracocly stated he thought that Russell was handling the matter. Mr. Caracocly stated that since he took over the matter, he met with Attorney Folmer and has been involved. Councilman Proud suggested the Board follow the course of action that Attorney Folmer discussed for obtaining an Order to Show Cause. If Mr. Caracocly wanted to come back to the Board with a proposal that would cause the Board to have Attorney Folmer stay the order, it would have to be a very detailed plan. Councilman Proud suggested that if Mr. Caracocly wanted to propose something for the building that he come back at the next Town Board Meeting on October 3with a detailed plan that was not just for the exterior of the building. Mr. Caracocly questioned what the Board wanted to see besides the outside of the building being fixed up. Councilman Proud said he was referring to the interior condition of the building. Attorney Folmer interjected and stated that it was not the function of the Board to advise what it is that Mr. Caracocly should be doing. He suggested that Mr. Caracocly be told that the Board is going to proceed with obtaining an Order, which would take time, but that the final analysis would be Mr. Caracocly's actions that would cause the Board to change their mind down the road. Councilman Leach stated that he agreed with Attorney Folmer. Councilman Testa questioned whether the Board should give Mr. Caracocly a time limit. Attorney Folmer apprised the Board that in the Order to Show Cause the Judge would give a date that the parties are to appear. On such date, the Judge would consider positions that Attorney Folmer may take on behalf of the Town, and positions that Mr. Caracocly or his representative would take. The Judge would then make a determination if the Town could have authorization. If in the meantime, prior to that date, a plan of renovation is presented that the Town is comfortable with that satisfies the Board and the CEO, they do not have to proceed to take the last step. For the record, CEO Williams stated that he was the one who started to process to declare the building unsafe, which the Board did. He stated he would also be the one to suggest the Board remove the designation, which he would not do unless three things happen: 1. That there is an engineering study by a licensed engineer indicating that the structural components of the building are safe. 2. That the County Health Department be involved with whatever cleanup is done, and that at the end of the cleanup the County Health Department certifies that in their opinion the interior of the building is healthy. 3. The two 500+ gallon buried propane tanks, which CEO Williams does not know the status of, need to be removed as per the Fire Code. Mr. Caracocly apprised CEO Williams that he contacted three petroleum companies that all told him that he needed to show proof that he owns the tanks, which he was having a hard time proving. He stated he did not have any documents proving that he owns the tanks. CEO Williams apprised Mr. Caracocly that the earliest record the Town has of the building was 1976, and suggested that the tanks transferred ownership to him with the sale of the property. Supervisor Tupper stated that at this point the Board was directing Attorney Folmer to proceed with the plan Councilman Rocco questioned how long the Town had to act on the Judge's approval, and questioned whether it expired. Attorney Folmer indicated that the Judge's final determination would not expire, but suggested the question be answered when the Town gets to that point. Mr. Caracocly questioned whether he would still have an opportunity to demolish the building on his own to save him the administrative costs. Attorney Folmer indicated that the Mr. Caracocly had the right to demolish the building on his own. However, Russell indicated that he was going to have the building demolishing a month ago. Russell provided the Town with information that he contacted an environmental agency that needed to be done for asbestos. He also produced a signed contract with Contento's, which led the Town to believe that the demolition was underway. The Town therefore delayed doing what they have been talking about. Based on the history of the situation, Attorney Folmer stated the Board was taking the appropriate step. The monthly reports of the Water & Sewer Department, Town Clerk, and Town Justice for the month of August 2012, and for the Supervisor for the months of July and August 2012, were on the table for review and are filed in the Town Clerk's Office. 13('0 SEPTEMBER 19, 2012 TOWN BOARD MEETING PAGE 5 Under communications, Supervisor Tupper apprised the Board he received a letter from Damian Walker thanking the Town for the "campership" which allowed him to attend the summer program at the Lime Hollow Nature Center. Attorney Folmer and the Board reviewed the SEQR Short Environmental Assessment Form for the Aquifer Protection Permit application submitted by Bestway of New York, Inc. for property located on Luker Road. RESOLUTION #161 DECLARE NEGATIVE IMPACT FOR AQUIFER PROTECTION PERMIT #4 OF 2012 SUBMITTED BY BESTWAY OF NEW YORK, INC. FOR PROPERTY LOCATED ON LUKER ROAD Motion by Councilman Rocco Seconded by Councilman Testa VOTES: ALL AYE ADOPTED WHEREAS, an Aquifer Protection Permit application was submitted by Bestway of New York, Inc. to permit the, construction of a 10,000 sq. ft. building for use as an equipment/vehicle maintenance facility, located on the east side of Luker Road, approximately 1,450 ft. southeast of the Luker Road/NYS Route 281 intersection, tax map #86.17-02-01.000, 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 Bestway of New York, Inc., Aquifer Protection Permit #4 of 2012, shall have no significant environmental impact. RESOLUTION #162 AUTHORIZE SUPERVISOR TO SIGN SEQRA APPLICATION OF AQUIFER PROTECTION PERMIT #4 OF 2012 Motion by Councilman Rocco Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Supervisor is hereby authorized and directed to sign the SEQRA application relating to Aquifer Protection Permit #4 of 2012, submitted by Bestway of New York, Inc. RESOLUTION #163 APPROVE AQUIFER PROTECTION PERMIT #4 OF 2012 SUBMITTED BY BESTWAY OF NEW YORK, INC. FOR PROPERTY LOCATED ON LUKER ROAD SUBJECT TO CONDITIONS Motion by Councilman Proud Seconded by Councilman Testa 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 #4 of 2012, submitted by Bestway of New York, Inc. permitting the construction of a 10,000 sq. ft. building for use as an equipment/vehicle maintenance facility, located on the east side of Luker Road, approximately 1,450 ft. southeast of the Luker Road/NYS Route 281 intersection, tax map #86.17-02-01.000, subject to the following conditions from the Town and County Planning Boards: 137 SEPTEMBER 19, 2012 TOWN BOARD MEETING PAGE 6 1. 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. 2. The floor drains being connected to the sanitary sewer equipped with an oil and grit separating tank. 3. Waste degreasing solvents being stored in drums or a holding tank and disposed of through a licensed waste hauler. 4. The storage facilities for tanks and/or drums require coated concrete floors and secondary containment with a volume of at least 110% of the largest tank capacity, which is diked to prevent accidental spills or leaks from reaching the floor drains. Drums should be sealed, and tanks and drums must be located away from floor drains. 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 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, particularly given the property's close proximity to the City of Cortland Water Works property. 8. Any vehicle washing on site being done in a closed loop system for collection and reuse of wastewater. 9. The proposed easement through the neighboring property being written into the deeds of both properties to insure perpetual access to this property from Luker Road. 10. The applicant obtaining approval from the Town Highway Superintendent of driveway entrance and drainage details at the proposed Luker Road driveway entrance. 11. The applicant obtaining approval of the proposed stormwater pollution prevention plan, including a maintenance plan for the stormwater system for the site, from the Town. 12. 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, per the NYS Phase II stormwater regulations, which shall include stormwater management and runoff reduction and coverage under the SPDES General Permit for Stormwater Discharges from Construction Activities (General Permit-0-10-001). 13. The stormwater plan for the site indicating that runoff from snow storage areas would also be directed to the stormwater basin. 14. A determination being made that the proposed building is below the transitional surface elevation for obstruction for the Cortland County Airport as defined in F.A.R. Part 77. 15. The landscaping plan, including a maintenance plan for the landscaping for the site, being approved by the Town. 16. The applicant obtaining an individual private well permit from the County Health Department. 17. The applicant obtaining approval from the Town for connection to the public sewer system. 18. Compliance with SEQR requirements. AND IT IS FURTHER RESOLVED, the Supervisor is hereby authorized to sign the permit. 138 SEPTEMBER 19, 2012 TOWN BOARD MEETING PAGE 7 Attorney Folmer and the Board reviewed the SEQR Short Environmental Assessment Form for the Aquifer Protection Permit application submitted by Intertek Testing Services NA, Inc. for property located on Route 11. RESOLUTION #164 DECLARE NEGATIVE IMPACT FOR AQUIFER PROTECTION PERMIT #5 OF 2012 SUBMITTED BY INTERTEK TESTING SERVICES NA, INC. FOR PROPERTY LOCATED ON ROUTE I 1 Motion by Councilman Rocco Seconded by Councilman Proud VOTES: ALL AYE ADOPTED WHEREAS, an Aquifer Protection Permit application was submitted by Intertek Testing Services NA, Inc. to permit the construction of a 3,192 sq. ft. addition to the existing facility for the expansion of an existing testing laboratory, located on the south side of US Route I I/NYS Route 41, approximately'/4 mile east of the City of Cortland, tax map #87.00-03-17.100, 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 Intertek Testing Services NA, Inc., Aquifer Protection Permit #5 of 2012, shall have no significant environmental impact. RESOLUTION #165 AUTHORIZE SUPERVISOR TO SIGN SEQRA APPLICATION OF AQUIFER PROTECTION PERMIT #5 OF 2012 Motion by Councilman Rocco Seconded by Councilman Proud VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Supervisor is hereby authorized and directed to sign the SEQRA application relating to Aquifer Protection Permit 45 of 2012, submitted by Intertek Testing Services NA, Inc. RESOLUTION #166 APPROVE AQUIFER PROTECTION PERMIT #5 OF 2012 SUBMITTED BY INTERTEK TESTING SERVICES NA, INC. FOR PROPERTY LOCATED ON ROUTE 11 SUBJECT TO CONDITIONS Motion by Councilman Proud Seconded by Councilman Leach 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 #5 of 2012, submitted by Intertek Testing Services NA, Inc. permitting the construction of a 3,192 sq. ft. addition to the existing facility for the expansion of an existing testing laboratory, located on the south side of US Route 11/NYS Route 41, approximately 1/4 mile east of the City of Cortland, tax map #87.00-03-17.100, subject to the following conditions from the Town and County Planning Boards: 1 1 1 13g SEPTEMBER 19, 2012 TOWN BOARD MEETING PAGE 8 1. That there would be no floor drains within the proposed building addition. 2. The Town consulting with the County Soil & Water Conservation District to insure that the existing stormwater plan will sufficiently handle stormwater runoff as a result of the proposed modification to this site. 3. The Town consulting with the County Soil & Water Conservation District to determine if the proposed erosion control measures will sufficiently handle erosion concerns on site during construction. 4. Compliance with SEQR requirements. AND IT IS FURTHER RESOLVED, the Supervisor is hereby authorized to sign the permit. Attorney Folmer and the Board reviewed the SEQR Short Environmental Assessment Form for the Aquifer Protection Permit application submitted by Crown Court, LLC for property located on Bennie Road. RESOLUTION #167 DECLARE NEGATIVE IMPACT FOR AQUIFER PROTECTION PERMIT #6 OF 2012 SUBMITTED BY CROWN COURT, LLC FOR PROPERTY OWNED BY WAL-MART STORES EAST. LP LOCATED ON BENNIE ROAD Motion by Councilman Rocco Seconded by Councilman Testa VOTES: ALL AYE ADOPTED WHEREAS, an Aquifer Protection Permit application was submitted by Crown Court, LLC for property owned by Wal-Mart Stores East, LP to permit the construction of a 10,000 sq. ft. single story retail building, for property located on the south side of Bennie Road, approximately 200 ft. east of the Bennie Road/NYS Route 13 intersection, tax map #105.00-02-04.000, 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 Crown Court, LLC, Aquifer Protection Permit #6 of 2012, shall have no significant environmental impact. RESOLUTION #168 AUTHORIZE SUPERVISOR TO SIGN SEQRA APPLICATION OF AQUIFER PROTECTION PERMIT #6 OF 2012 Motion by Councilman Rocco Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Supervisor is hereby authorized and directed to sign the SEQRA application relating to Aquifer Protection Permit #6 of 2012, submitted by Crown Court, LLC for property owned by Wal-Mart Stores East, LP. RESOLUTION #169 APPROVE AQUIFER PROTECTION PERMIT #6 OF 2012 SUBMITTED BY CROWN COURT, LLC FOR PROPERTY OWNED BY WAL-MART STORES EAST, LP LOCATED ON BENNIE ROAD SUBJECT TO CONDITIONS Motion by Councilman Proud Seconded by Councilman Leach VOTES: ALL AYE ADOPTED I40 SEPTEMBER 19, 2012 TOWN BOARD MEETING PAGE 9 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 #6 of 2012, submitted by Crown Court, LLC for property owned by Wal-Mart Stores East, LP, permitting the construction of a 10,000 sq. ft. single story retail building, for property located on the south side of Bennie Road, approximately 200 ft. east of the Bennie Road/NYS Route 13 intersection, tax map #105.00-02-04.000, subject to the following conditions from the Town and County Planning Boards: 1. That the applicant either confirming that the proposed parking spaces meet the minimum size requirement or applying for and receiving a bulk variance. 2. The applicant obtaining approval of the new driveway location and details from the Town Highway Superintendent, since Bennie Road is a town road. 3. The applicant receiving written confirmation from the Town Highway Superintendent as to whether the existing driveway entrance can remain for use by this property if the new driveway entrance is permitted. 4. The applicant providing details as to how the dumpster area will be screened from all surrounding properties. 5. The applicant applying to the Town of Cortlandville/Cortland County Health Department for connection to the public water and sewer including an application for a back flow prevention device for the public water supply connection. 6. An erosion and sediment control plan being developed for the site and approved by the Town. 7. A drainage plan for the site being submitted to the Town to determine its compatibility with the existing Wal-Mart drainage system. 8. Compliance with SEQR requirements. AND IT IS FURTHER RESOLVED, the Supervisor is hereby authorized to sign the permit. Attorney Folmer reported: Walgreens — Stormwater Management System: Attorney Folmer apprised the Board that he had a report from Chuck Feiszli of Resource Associates regarding the Stormwater Management System at Walgreens. It was Mr. Feiszli's opinion that the repairs attempted at the Walgreens site were as good as they were going to get without replacing the entire system. Attorney Folmer would compile Mr. Feiszli's report, along with supplemental information from Clough Harbour & Associates, and an agreement letter regarding future inspections, and put together a file that the Planning & Zoning Officer, CEO, and the Town Clerk would have to refer to for the future. Attorney Folmer stated that for the time being, the matter was concluded. He also indicated that he was in contact with the interested party who agreed with the conclusion. The Board was pleased and thanked Attorney Folmer for his efforts. Small Claims Assessment Review Proceedings: Attorney Folmer apprised the Board he was in receipt of the decisions regarding the Small Claims Assessment Review proceedings for two properties located in the Town. The total assessed value of both properties were reduced; one from $255,000 to $240,000, and the other from $60,000 to $16,000. Attorney Folmer asked the Board to receive and file the documents. J-Ll2 SEPTEMBER 19, 2012 TOWN BOARD MEETING PAGE 10 Councilman Testa made a motion, seconded by Councilman Proud, to receive and file the "Decision of Hearing Officer" regarding the Small Claims Assessment Review proceedings for the following properties: 1) Robert R. Martin and Pamela J. Jenkins, 4023 Collegeview Drive, tax map #85.11-01-31.000, reducing the total assessment from $255,000 to $240,000; and 2) John and Noli Pellegrino, 4618 North Road, tax map #78.00-01-08.111, decreasing the total assessment from $60,000 to $16,000. All voting aye, the motion was carried. Easement Relocation — Cortland Commerce Retail Center: With regard to the Cortland Commerce Retail Center, Attorney Folmer reminded the Board that at their last meeting they approved three easements. There was a fourth easement that was being relocated. Attorney Folmer was told by Water & Sewer Sup't. Alteri that the construction of the easement was now complete and could be accepted by the Board. Attorney Folmer asked the Board to adopt a resolution accepting the easement relocation. He would provide the Town Clerk's office with the tax map # so it can be identified appropriately. RESOLUTION #170 ACCEPT EASEMENT RELOCATION FOR PROPERTY LOCATED ON ROUTE 13 OWNED BY CORTLAND COMMERCE RETAIL CENTER. LLC Motion by Councilman Proud Seconded by Councilman Leach VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town board does hereby accept the easement relocation from the Cortland Commerce Retail Center, LLC, for property located at 863 Route 13, tax map #95.00- 10-04.000, and it is further RESOLVED, the easement relocation shall be accepted subject to the Town Attorney's final review. Councilman Leach made a motion, seconded by Councilman Proud, to receive and file correspondence from the Cortland County area Agency on Aging — Nutrition Program, received September 6, 2012, thanking the Cortlandville Highway Department with regard to the program's annual picnic held at Citizens Park. All voting aye, the motion was carried. Councilman Proud suggested that copies of the correspondence be filed in Highway Sup't. Bush's and Highway Department employee Jennifer Mulcahy's personnel file. RESOLUTION #171 AUTHORIZE SUPERVISOR TO SIGN THE AFFIDAVIT REGARDING THE TOWN'S 2011 COMMUNITY DEVELOPMENT BLOCK GRANT HOUSING REHABILITATION PROGRAM BETWEEN THE TOWN AND JONI L. GREENE AND FERN A. CRANDALL Motion by Councilman Rocco Seconded by Councilman Leach VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby authorize the Supervisor to sign the Affidavit regarding the Town's 2011 Community Development Housing Rehabilitation Program, between the Town of Cortlandville and Joni L. Greene and Fern A. Crandall, 11 North Street, McGraw, New York regarding the extension of loan funds by the Town's CDBG Program for the total amount of $23,235.00. I L� 2- SEPTEMBER 19, 2012 TOWN BOARD MEETING PAGE 11 There was discussion regarding authorizing the Highway Sup't. to purchase two new mowers from the State Bid List, to replace two 2007 mowers. Supervisor Tupper noted that an option was given for trading in the old mowers, however Highway Sup't. Bush indicated that the 2 old mowers would go to the auction. RESOLUTION #172 AUTHORIZE HIGHWAY SUP'T. TO PURCHASE TWO FERRIS 36 HP ZERO -TURN MOWERS FROM THE STATE BID LIST Motion by Councilman Proud Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby authorize and direct the Town Highway Sup't. to purchase two Ferris 36 HP Zero -Turn Mowers, 6 1 " deck, Model #153100ZBV3661 from the State Bid List, through CNY Power Sports, in the amount of $9,280.00 each, for the total amount of $18,560.00, and it is further RESOLVED, the two new mowers will replace two 2007 Zero -Turn Mowers, model #Z453, which will go to auction. Councilman Leach made a motion, seconded by Councilman Testa, to receive and file correspondence from New York State Homes & Community Renewal, dated September 13, 2012, regarding the Single Audit Act Compliance, which requires a single audit be submitted to the OCR within nine months of the Town's fiscal year-end date. All voting aye, the motion was carried. There was a brief discussion regarding correspondence from New York State Homes & Community Renewal regarding the 6-Month Completion Notice for the CDBG for Pall Corp. Supervisor Tupper mentioned that there was a balance of $245,000+ in the unexpended grant funds for Pall Corp. He stated that paperwork was being completed to expend the rest of the grant money. Councilman Leach made a motion, seconded by Councilman Proud, to receive and file correspondence from New York State Homes & Community Renewal, dated September 14, 2012, regarding the Grant Agreement 6-Month Completion Notice for the CDBG for Pall Corp. All voting aye, the motion was carried. There was discussion regarding the eligibility of Leamon and Dorene Eaton to participate in the Town's 2011 CDBG Program due to a possible conflict. Supervisor Tupper explained that Dorene's brother, Michael Dimorier, is employed by the Town's Highway Department. Supervisor Tupper explained that Mr. Dimorier does not have an interest in the Eaton's house; there was no financial interest at all. Attorney Folmer indicated that the Board was being asked to confirm that there is no conflict of interest. The Town must send a letter indicating that they discussed the matter and found that there was no conflict of interest. Supervisor Tupper recalled that a similar situation occurred in the past between a Town employee and his mother. Deputy Town Clerk Rocco- Petrella informed the Board the last time this was done, the Board authorized Attorney Folmer to write a letter indicating there was no conflict of interest. Councilman Proud stated the critical part was for the Board to declare that the employee does not have any decision -making authority. The Board agreed with Councilman Proud, and agreed that there was no conflict of interest. Councilman Proud made a motion, seconded by Councilman Leach, to receive and file correspondence from Bernie Thoma, Thoma Development Consultants, dated September 14, 2012, regarding Leamon and Dorene Eaton's participation in the Town's 2011 CDBG Housing Rehabilitation Program. All voting aye, the motion was carried. lq3 SEPTEMBER 19, 2012 TOWN BOARD MEETING PAGE 12 RESOLUTION #173 AUTHORIZE TOWN SUPERVISOR TO SEND A LETTER TO THE OFFICE OF COMMUNITY RENEWAL REGARDING LEAMON AND DORENE EATON AND PARTICIPATION IN THE 2011 CDBG HOUSING REHABILITATION PROGRAM Motion by Councilman Proud Seconded by Councilman Leach VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby authorize and direct the Town Supervisor to send a letter to the Office of Community Renewal regarding Leamon and Dorene Eaton and participation in the 2011 CDBG Housing Rehabilitation Program, indicating that a conflict of interest does not exist as a result of Dorene's brother, Michael Dimorier, being employed by the Town of Cortlandville Highway Department. Similarly, there was a question with regard to the participation of Herbert and Sherry Hicks in the CDBG Program, due to the fact that their sister-in-law is the Town Bookkeeper, Marcia Hicks. Supervisor Tupper indicated that a conflict of interest did not exist as Marcia Hicks did not have an interest in the property. The Board agreed that a conflict of interest did not exist. Councilman Proud made a motion, seconded by Councilman Leach, to receive and file correspondence from Bernie Thoma, Thoma Development Consultants, dated September 14, 2012, regarding Herbert and Sherry Hicks' participation in the Town's 2011 CDBG Housing Rehabilitation Program. All voting aye, the motion was carried. RESOLUTION #174 AUTHORIZE TOWN SUPERVISOR TO SEND A LETTER TO THE OFFICE OF COMMUNITY RENEWAL REGARDING HERBERT AND SHERRY HICKS AND PARTICIPATION IN THE 2011 CDBG HOUSING REHABILITATION PROGRAM Motion by Councilman Proud Seconded by Councilman Leach VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby authorize and direct the Town Supervisor to send a letter to the Office of Community Renewal regarding Herbert and Sherry Hicks and participation in the 2011 CDBG Housing Rehabilitation Program, indicating that a conflict of interest does not exist as a result of their sister-in-law, Marcia Hicks, being employed by the Town of Cortlandville as Town Bookkeeper. Supervisor Tupper discussed the authorization to transfer funds for the NYS Route 13 Sewer Rehabilitation Project. He brought it to the Board's attention that quite a bit of money ($67,661.34) was paid out of the sewer fund for the project to date. The Bookkeeper suggested the Town move forward with the project or take out a bond to pay back the sewer fund. Councilman Testa questioned whether there was enough surplus money. Supervisor Tupper indicated that there was enough surplus, and stated that he would rather not take a bond out for the amount of money that has been spent to date. He also noted that the Town should soon be hearing if it was awarded a grant for the project. RESOLUTION #175 AUTHORIZE SUPERVISOR TO TRANSFER FUNDS FROM THE SEWER OPERATING FUND TO THE CAPITAL PROJECT FUND FOR THE NYS ROUTE 13 SEWER REHABILITATION PROJECT Motion by Councilman Leach Seconded by Councilman Testa VOTES: ALL AYE ADOPTED 1yq SEPTEMBER 19, 2012 TOWN BOARD MEETING PAGE 13 WHEREAS, the Supervisor requested the Town Board authorize him to transfer funds from the Sewer Operating Fund to the Capital Project Fund for the NYS Route 13 Sewer Rehabilitation Project, therefore BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to transfer $1,069.00 from the Sewer Operating Fund to the Capital Project Fund for the NYS Route 13 Sewer Rehabilitation Project, and it is further RESOLVED, the Sewer Operating Fund will be reimbursed when the Town receives bonding for the NYS Route 13 Sewer Rehabilitation Project. Supervisor Tupper apprised the Board the Town would be receiving a refund of $8,773.64 from National Grid. The Town hired Troy & Banks to review the Town's utility bills and it was found that the Town was overcharged on its street lighting. Supervisor Tupper indicated that a check would be hand delivered to him on Friday, September 21, 2012. RESOLUTION #176 AUTHORIZE SUPERVISOR TO SIGN THE "SETTLEMENT AGREEMENT AND MUTUAL RELEASE" BETWEEN NIAGARA MOHAWK POWER CORPORATION D/B/A NATIONAL GRID AND THE TOWN OF CORTLANDVILLE Motion by Councilman Leach Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to sign the "Settlement Agreement and Mutual Release" between Niagara Mohawk Power Corporation d/b/a National Grid and the Town of Cortlandville with regard to street lighting services and the overpayment of services by the Town from August 1, 2002 to present, and it is further RESOLVED, the Town shall receive payment from National Grid in the total amount of $8,773.64 for such overpayment. Supervisor Tupper apprised the Board that due to the retirement of a Town Highway Department employee there was a vacancy. Highway Sup't. Bush requested authorization to fill the vacant position. RESOLUTION #177 AUTHORIZE HIGHWAY SUPERINTENDENT TO FILL A VACANCY FOR MOTOR EQUIPMENT OPERATOR FOR THE TOWN HIGHWAY DEPARTMENT Motion by Councilman Proud Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby authorize the Town Highway Superintendent to fill a vacancy for Motor Equipment Operator for the Town Highway Department, due to the retirement of a Town Highway Department employee. Supervisor Tupper apprised the Board that Justice Casullo approached him regarding submission of a grant application to the NYS Unified Court System. Justice Casullo wanted to apply for a grant in the amount of $8,000.00 to purchase filing cabinets. Supervisor Tupper explained that the Board must adopt a resolution in order for him to apply for the grant. SEPTEMBER 19, 2012 TOWN BOARD MEETING PAGE 14 lgs- RESOLUTION #178 AUTHORIZE SUPERVISOR TO SIGN APPLICATION TO NEW YORK STATE UNIFIED COURT SYSTEM FOR A GRANT UNDER THE JUSTICE COURT ASSISTANCE PROGRAM Motion by Councilman Leach Seconded by Councilman Testa VOTES: ALL AYE ADOPTED WHEREAS, the New York State Unified Court System has available to town and village courts a grant with a maximum award of $30,000, available through the Justice Court Assistance Program, and WHEREAS, the amount Town Justice Francis J. Casullo is requesting from such grant will not exceed $8,000, therefore BE IT RESOLVED, the Supervisor is hereby authorized and directed to sign such application, and it is further RESOLVED, the Town Clerk is hereby authorized and directed to prepare a certified copy of the foregoing resolution to be forwarded to the Unified Court System along with the completed application. Supervisor Tupper questioned whether there was anything further to come before the Board. Attorney Folmer informed the Board that a streetlight on Halstead Road in front of the Brookins residence was "blinking" and therefore not working properly. He requested that it be fixed. Highway Sup't. Bush would contact National Grid. No further comments or discussion were heard. Councilman Testa made a motion, seconded by Councilman Rocco, to adjourn the Regular Meeting. All voting aye, the motion was carried. The meeting was adjourned at 6:05 p.m. Respe tfully submitted, 2 -r� 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 October 3, 2012. The draft version of this meeting was approved as written at the Town Board meeting of October 17, 2012. 1