The URL can be used to link to this page

Home My WebLink About04-20-2011APRIL 20, �011 5:00 P.M. 2G 7 PUBLIC HEARING NO. 1 AQUIFER PROTECTION PERMIT INTERTEK TESTING SERVICES US ROUTE 11/NYS ROUTE 41 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, submitted by Intertek Testing Services, permitting the removal of several existing smaller structures with a total area of 7,800+ square feet and to construct a 20,372 square foot addition to the existing facility, for property located on US Route 11/NYS Route 41, owned by Intertek Testing Services. 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 Town Clerk, Karen Q. Snyder, RMC Others present were: Town Attorney, John Folmer; Highway Sup't. Carl Bush; News Reporters: Jeremy Houghtaling from the Cortland Standard, Sharon Stevans from Channel 2 Access TV, Charles Feiszli of Research Associates, Tad Murray from Intertek Testing Services, Barbara Leach and Steve Flatt. 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. Chuck Feiszli, PE representing Intertek Testing Services, advised the Board of revisions to their application. The revisions would result in an addition of 1900 square feet to the one story building a corresponding decrease of 1900 square feet to the proposed two story building. There would be no net gain in building square feet or any increase in impervious surface from the original application. The revision will be revisited by the Town Planning Board at their next scheduled meeting. No further comments or discussions were heard. The Public Hearing was closed at 5:10 p.m. 7-- APRIL 20,.2011 5:10 P.M. TOWN BOARD MEETING The Regular Meeting of the Town Board of the Town of Cortlandville was held at the Raymond G. Thorpe Municipal Building, 3577 Terrace Road, Cortland, New York, with Supervisor Tupper presiding. Members present: Supervisor, Richard C. Tupper Councilman, Theodore V. Testa Councilman, Ronal L. Rocco Councilman, John C. Proud Councilman, Gregory K. Leach Town Clerk, Karen Q. Snyder, RMC Others present were: Town Attorney, John Folmer; Highway Sup't. Carl Bush; News Reporters: Jeremy Houghtaling from the Cortland Standard, and Sharon Stevans for Channel 2, Access TV, Charles Feiszli of Research Associates, Tad Murray from Intertek Testing Services, Barbara Leach and Steve Flatt. Supervisor Tupper called the meeting to order. Councilman Proud made a motion, seconded by Councilman Leach to approve the Draft Town Board Minutes of April 6, 2011. All voting aye, the motion was carried. RESOLUTION #87 AUTHORIZE PAYMENT OF VOUCHERS - APRIL Motion by Councilman Proud 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 Vouchers # 213 - 244 $ 41,961.85 General Fund B B38 - B48 $ 7,523.41 Highway Fund DB D 128 - D 143 $ 25,420.49 Trust & Agency T24 - T26 $ 28,115.07 Special Grants C13 - C17 $ 7,286.94 Water Fund W93 - W106 $ 11,793.14 Sewer Fund S36 - S43 $ 18,541.29 Capital Project H2O - H28 $ 272,668.87 Supervisor Tupper offered privilege of the floor to Jim Pantas. Jim Pantas, representing the McDonalds Sports Center was not in attendance. Mr. Pantas did speak with Supervisor Tupper regarding his request for the adoption of a resolution by the Town Board in memory of Ronnie James Padavonna who passed away last year proclaiming "Ronnie James Dio Day" This day in his memory will be held July 10, 2011 at the J. M. McDonald Sports Complex. RESOLUTIION #88 PROCLAMATION IN HONOR OF RONNIE JAMES DIO DAY JULY 10, 2011 AT THE J. M. MCDONALD SPORTS COMPLEX IN THE TOWN OF CORTLANDVILLE Motion by Councilman Rocco Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby proclaim July 10, 2011 as "Ronnie James Dio Day". The monthly reports for the Supervisor and for the Justice for the month of March 2011, were on the table for review and are filed in the Town Clerk's office. 1 1 .2-(09 APRIL 20, 2011 TOWN BOARD MEETING PAGE 2 RESOLUTION #89 ACCEPT ANNUAL REPORT FROM THE CORTLAND COUNTY NUTRITION PROGRAM FOR 2010 Motion by Councilman Rocco Seconded by Councilman Leach VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Annual Report for the Cortland County Nutrition Program for the year 2010 is hereby accepted, and shall be received and filed. It was reported the Lamont Library has invited the Cortlandville Town Board to visit their Library on May 4, 2011 at 6:00 p.m. prior to the Town Board meeting which will be held at the McGraw Community Center. RESOLUTION #90 DECLARE NEGATIVE IMPACT FOR AQUIFER PROTECTION PERMIT #1 OF 2011 SUBMITTED BY INTEFTEKTESTING SERVICES FOR PROPERTY LOCATED ON ROUTE 11 Motion by Councilman Proud Seconded by Councilman Leach VOTES: ALL AYE ADOPTED WHEREAS, an Aquifer Protection Permit application was submitted by Intertek Testing Services permitting the removal of several existing smaller structures with a total area of 7,800+ square feet and to construct a 20,372 square foot addition to the existing facility for property located on the south side of US Route I l/ NYS Route 41, 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, Aquifer Protection Permit #1 of 2011, shall have no significant environmental impact. RESOLUTION #91 AUTHORIZE SUPERVISOR TO SIGN SEQRA APPLICATION OF AQUIFER PROTECTION PERMIT # 1 OF 2011 Motion by Councilman Proud 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 #1 of 2011, submitted by Intertek Testing Services. RESOLUTION #92 APPROVE AQUIFER PROTECTION PERMIT #1 OF 2011 SUBMITTED BY INTERTEK TESTING SERVICES FOR PROPERTY LOCATED ON ROUTE 11 SUBJECT TO CONDITIONS Motion by Councilman Testa 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 ZED APRIL 20, 2011 TOWN BOARD MEETING PAGE 3 BE IT RESOLVED, the Town Board does hereby approve Aquifer Protection Permit #1 of 2011, submitted by Intertek Testing Services, permitting the removal of several existing smaller structures with a total area of 7,800+ square feet and to construct a 20,372 square foot addition to the existing facility for property located on the south side of US Route 11/NYS Route 41, tax map # 87.00-03-17.100, contingent upon approval of the revisions submitted to the Town Planning Board and subject to the following conditions from the Town and County Planning Boards: 1. The applicant consulting with the county Health Department regarding any requirements for the closure of the existing septic systems. 2. A permit being obtained from the Village of McGraw for the proposed connection to the sanitary sewer system underneath US Route 11. 3. An easement and work permit being obtained from the NYS Department of Transportation (DOT) for any work within the State highway right-of-way associated with the proposed connection to the sanitary sewer system underneath US Route 11. 4. Any floor drains within the proposed facility being connected to the sanitary sewer system. 5. The Town consulting with the County Soil & Water Conservation District to determine if the proposed modifications to the existing stormwater plan will sufficiently handle stormwater runoff from the site. 6. 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. 7. The applicant applying for and obtaining a floodplain development permit from the Town as the proposed addition is located within the 100 year floodplain. 8. Compliance with SEQR requirements. AND IT IS FURTHER RESOLVED, the Supervisor is hereby authorized to sign said permit Attorney Folmer Reported: Tax Certiorari: Attorney Folmer reported an agreement has been reached regarding Benderson/Tops Tax Certiorari which was filed in 2007. The agreement reached included a refund and a three year assessment agreement to the property owner. Each taxing jurisdiction will issue their own refund with the County and Homer Central School District having the larger refunds. The towns refund would be less than $2,000. Attorney Folmer was requesting authorization from the Board to negotiate the final settlement with Benderson/Tops attorneys. RESOLUTION #93 AUTHORIZE TOWN ATTORNEY TO SETTLE TAX CERTIORARI WITH BENDERSON/TOPS Motion by Councilman Rocco Seconded by Councilman Leach VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby authorize and direct the Town Attorney to settle the Tax Certiorari with Benderson/Tops. Lime Hollow Center for Environment & Culture: Attorney Folmer advised the Board he had prepared a drafted resolution as requested from the prior Town Board meeting, regarding the Lime Hollow Center for Environment & Culture in regards to their benefit tax charge. The resolution states the property will be charged one unit for water and sewer effective January 2012 until December 2015. The property will be revisited the Town Board in 2016. APRIL 20, 2011 TOWN BOARD MEETING PAGE 4 1 1 I RESOLUTION #94 AUTHORIZE REDUCTION OF THE WATER AND SEWER BENEFIT TAX UNIT CHARGE FOR PROPERTY OWNED BY LIME HOLLOW CENTER FOR ENVIRONMENT & CULTURE Motion by Councilman Proud Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED WHEREAS, Lime Hollow Center for Environment & Culture has recently acquired a 12.57 acre parcel of land located between Stupke and Lime Hollow Roads, tax map # 95.15 03-23.000, and WHEREAS, the said parcel is a portion of lands currently formed as a nature preserve along the old Lehigh Valley Railroad right of way; and WHEREAS, the Center is going to accomplish site clean up, invasive plant removal and other environmental activities which will enhance two wet lands located within such parcel, and WHEREAS, the Center has no plans to develop and/or sell said parcel or any part thereof, and has asked the Town to grant relief for this green space, now therefore BE IT RESOLVED, the Lime Hollow Center for Environment & Culture shall be assessed on the above referenced parcel at one unit for Water and Sewer from the date hereof until December 31, 2015, unless prior to that date any portion of the above referenced parcel is sold, or developed beyond those activities set forth in a communication from the Center date March 29, 2011, and it is further RESOLVED, the Center and the Town shall review this matter during the year 2016 to determine if such special assessment shall be continued. Wind Turbine Sub -Committee Meeting: Clough Harbour & Associates, James Trasher had prepared a map showing a 2000 foot set back in regards to Wind Turbines for the town. Mr. Trasher provided a copy of said map to Attorney Folmer and Board members for their review Polkville Waterline Extension Project — Easements: Attorney Folmer updated the Board on the status of easements for the Polkville Waterline Extension. He has received 17 out of 19 completed easements ready to be filed with the County Clerk. He is having difficulty with two easements regarding the proper individual to contact. They would be Sunoco and National Grid. Attorney Folmer recommended to the Board they authorize him to commence condemnation proceedings occur in order to move this project along. A discussion occurred regarding the procedure of condemnation. The procedure could take approximately ninety (90) days vs. Eminent Domain, which would have little effect. Condemnation can have immediate results. The cost to the town would be a bond and the cost of an appraiser, which may not be the Town Assessor. RESOLUTION #95 AUTHORIZE TOWN ATTORNEY TO PROCEED WITH CONDEMNATION OF TWO PROPERTIES FOR THE POLKVILLE WATERLINE EXTENSION PROJECT Motion by Councilman Testa Seconded by Councilman Proud VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby authorize and direct the Town Attorney to proceed with condemnation proceedings regarding two properties for the Polkville Waterline Extension project. APRIL 20, 2011 TOWN BOARD MEETING PAGE 5 RESOLUTION #96 AUTHORIZE THE CORTLAND CITY SCHOOL DISTRICT USE OF THE TOWN MEETING ROOM TO CONDUCT THEIR ANNUAL SCHOOL BOARD ELECTION ON MAY 17 2011 Motion by Councilman Proud Seconded by Councilman Leach VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby authorize the Cortland City School District use of the town meeting room in the Raymond G. Thorpe Municipal Building, to conduct their annual Budget Vote and School Board Elections on Tuesday May 17, 2011 from 11:30 a.m. — 9:30 p.m. RESOLUTION #97 AUTHORIZE WATER & SEWER SUP'T. TO SELL SURPLUS COPIER USING AUCTIONS INTERNATIONAL Motion by Councilman Leach Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby authorize and direct the Water & Sewer Sup't. to sell a surplus copier using Auctions International, an online silent auction site. RESOLUTION # 98 AUTHORIZE SUPERVISOR TO SIGN THE AFFIDAVIT REGARDING THE 2008 HOME GRANT — SENIOR HOUSING REHABILITATION PROGRAM, BETWEEN THE TOWN AND ANNA-MAE ARTIM Motion by Councilman Leach Seconded by Councilman Proud VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby authorize the Supervisor to sign the Affidavit regarding the 2008 Home Grant — Senior Housing Rehabilitation Program, between the Town of Cortlandville and Anna -Mae Artim, 714 McLean Road, Cortland, New York, regarding the extension of loan funds by the Town's Community Development Program in the amount of $1,059.70. A motion was made by Councilman Proud, seconded by Councilman Leach to receive and file correspondence from Hawkins Delafield & Wood LLP, dated April 13, 2011, regarding the Bond Anticipation Note for the Polkville Waterline Extension Project. All voting aye, the motion was carried. A motion was made by Councilman Leach, seconded by Councilman Proud to receive and file the SEQRA — Notice of Negative Declaration from the Town of Groton dated April 12, 2011, regarding their Land Use and Development Code of 2011. All voting aye, the motion was carried. Councilman Rocco discussed hyrdro-fracking and wind turbines. The Attorney General will be filing a suit against the DEC regarding a study of hydro-fracking and wind turbines. Also he stated $500,000 million has been cut from the Federal budget for renewable energy. This could reduce the number of potential projects. Councilman Leach reported he will be meeting with ATM Solar on April 28th to inspect the Town of Cortlandville buildings and receive information on how the town buildings could become more energy efficient. APRIL 20, 2011 TOWN BOARD MEETING PAGE 6 273 Councilman Leach also mentioned the location of two civil war cannons in the Village of McGraw located on Cemetery St. where the village office and village garage is located. The civil war cannons are 150 years old. Councilman Leach suggested if members of the Town Board have not visited these cannons to so do. No further comments or discussion were heard. Councilman Testa made a motion, seconded by Councilman- Leach, to adjourn the Regular Meeting. All voting aye, the motion was carried. The meeting was adjourned at 5:40 p.m. Respectfully submitted, Karen Q. Snyder, RMC Town Clerk Town of Cortlandville *Note: The final version of this meeting was submitted to the Town Board for their review on April 29, 2011. The final version of this meeting was approved as written at the Town Board meeting of May 4, 2011. 1 r�