HomeMy WebLinkAbout06-16-2010JUNE 16, 2010
PUBLIC HEARING NO. 1
5:00 P.M.
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AQUIFER PROTECTION PERMIT
MORRIS ROSEN
US ROUTE 11/ROUTE 41
TAX MAP #76.19-01-19.000 & 76.19-01-43.000
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 docking area for
trucks and a gravel parking area including an area for the staging of containers, for property owned
by Morris Rosen, located on the east side of US Route 11/NYS Route 41, approximately 100 ft.
south of Fisher Avenue, tax map #76.19-01-19.000 and #76.19-01-43.000.
Members present: Supervisor, Richard C. Tupper
Councilman, Theodore V. Testa
Councilman, John C. Proud
Councilman, Gregory K. Leach
Town Clerk, Karen Q. Snyder, RMC
Absent: Councilman, Ronal L. Rocco
Others present were: Town Attorney, John Folmer; Highway Sup't. Carl Bush; Deputy
Town Clerk, Kristin Rocco-Petrella; Morris Rosen; News Reporters: Holden Slattery from the
Cortland Standard, and 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.
Attorney Folmer mentioned that the Town Zoning Board of Appeals granted a Variance
for the expansion.of the recycling facility, but denied the Variance for the sign, which should be
placed on the building. The Town Planning Board approved the Conditional permit for the
facility subject to conditions set by the Cortland County Planning Board, and recommended the
Town Board act as lead agency and approve the Aquifer Permit.
No further comments or discussion were heard.
The Public Hearing was closed at 5:05 p.m.
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JUNE 16, 2010 5:05 P.M.
TOWN BOARD MEETING
The Regular Meeting of the Town Board of the Town of Cortlandville was held at the
Raymond G. Thorpe Municipal Building, 3577 Terrace Road, Cortland, New York, with
Supervisor Tupper presiding.
Members present: Supervisor, Richard C. Tupper
Councilman, Theodore V. Testa
Councilman, Ronal L. Rocco (arrived at
5:10 P.M.)
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; Deputy
Town Clerk, Kristin Rocco-Petrella; Morris Rosen; News Reporters: Holden Slattery from the
Cortland Standard, and Sharon Stevans for Channel 2, Access TV.
Supervisor Tupper called the meeting to order.
Councilman Proud made a motion, seconded by Councilman Leach, to accept the Town
Board Minutes of March 3, 2010 as written. All voting aye, the motion was carried.
Councilman Proud made a motion, seconded by Councilman Leach, to accept the Town
Board Minutes of March 17, 2010 as written. All voting aye, the motion was carried.
The Draft Town Board Minutes of June 2, 2010 were presented to the Board for their
review.
RESOLUTION #102 AUTHORIZE SUPERVISOR TO SIGN
PURCHASE ORDER #1111 & #1112
Motion by Councilman Testa
Seconded by Councilman Leach
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to sign
Purchase Order #1111 submitted by Highway Sup't. Bush from Beck Equipment to
repair/rebuild a 1984 I-R Roller for the cost of $33,363.00; and Purchase Order 41112 from
Crossroads Supply, submitted by Highway Sup't. Bush to purchase catch basin frame and grates
(24" x 24" opening) for the cost of $5,261.66.
RESOLUTION #103 AUTHORIZE PAYMENT OF VOUCHERS - JUNE
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 #328 - 360
$106,876.51
General Fund B
B62 - B69
$ 18,194.92
Highway Fund DB
D203 - D241
$112,613.54
Special Grants
C25 - C27
$ 6,805.71
Water Fund
W125 - W139
$ 8,846.31
Sewer Fund
S69 - S71
$ 3,699.75
Capital Project
H73 - H85
$ 6,216.41
On behalf of the Board, Supervisor Tupper congratulated Deputy Town Clerk, Kristin
Rocco-Petrella for being awarded the Registered Municipal Clerk title in April 2010. He noted
that Town Clerk Snyder was the first person to receive the title in Cortland County; Kristin was
now the second. Supervisor Tupper presented her with a letter acknowledging the achievement,
a copy of which would be added to her personnel file.
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JUNE 16, 2010 TOWN BOARD MEETING PAGE 2
Kristin Rocco-Petrella thanked the Board for their support and for the support of Town
Clerk Snyder.
The monthly reports of the Tax Collector, Water & Sewer Department, and Town Justice
for the month of May 2010 were on the table for review and are filed in the Town Clerk's Office.
Councilman Rocco arrived at 5:10 p.m.
Councilman Leach made a motion, seconded by Councilman Testa, to receive and file the
Cortland County Area Agency on Aging 2009 Annual Report. All voting aye, the motion was
carried.
RESOLUTION #104 ACCEPT 2010 TAX COLLECTOR'S SUMMARY
Motion by Councilman Leach
Seconded by Councilman Proud
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the 2010 Tax Collector's Summary is hereby accepted and shall be received
and filed.
Town Clerk/Tax Collector Snyder reported on tax collection for 2010. She explained that
91 % of taxes were collected by the Town by June 4, 2010, and noted that the amount of the
warrant increased over $1 million from the year 2009. She pointed out that the interest earned
was not significant, which was an indication of the economy.
Under communications, Supervisor Tupper informed the Board that CEO Williams
received notification from Lowe's that it contracted with an architectural firm to move forward
with the permit process for the construction of a store at the current location of Wal-Mart on
Route 13.
Attorney Folmer and the Board reviewed the SEQR Short Environmental Assessment
Form for the Aquifer Protection Permit application submitted by Morris Rosen for property
located on US Route I I/NYS Route 41.
RESOLUTION #105 DECLARE NEGATIVE IMPACT FOR AQUIFER
PROTECTION PERMIT #1 OF 2010 SUBMITTED BY MORRIS
ROSEN FOR PROPERTY LOCATED ON US ROUTE 1 l/
NYS ROUTE 41
Motion by Councilman Testa
Seconded by Councilman Proud
VOTES: ALL AYE ADOPTED
WHEREAS, an Aquifer Protection Permit application was submitted by Morris Rosen to permit the
construction of a docking area for trucks and a gravel parking area including an area for the staging
of containers, for property located on the east side of US Route I I/NYS Route 41, approximately
100 ft. south of Fisher Avenue, tax map 476.19-01-19.000 and #76.19-01-43.000, 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
Morris Rosen, Aquifer Protection Permit #1 of 2010, shall have no significant environmental
impact.
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JUNE 16, 2010 TOWN BOARD MEETING PAGE 3
RESOLUTION #106 AUTHORIZE SUPERVISOR TO SIGN SEQRA
APPLICATION OF AQUIFER PROTECTION
PERMIT #1 OF 2
Motion by Councilman Testa
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 #1 of 2010, submitted by Morris Rosen.
RESOLUTION 4107 APPROVE AQUIFER PROTECTION PERMIT #1 OF 2010
SUBMITTED BY MORRIS ROSEN FOR PROPERTY
LOCATED ON US ROUTE I I/NYS ROUTE 41
SUBJECT TO CONDITIONS
Motion by Councilman Testa
Seconded by Councilman Proud
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, the Town of Cortlandville Zoning Board of Appeals granted a variance for said
property at their meeting of May 25, 2010 as the applicant demonstrated an appropriate hardship
for said property, and
WHEREAS, a Public Hearing was duly held by this Town Board, therefore
BE IT RESOLVED, the Town Board does hereby approve Aquifer Protection Permit #1 of 2010,
submitted by Morris Rosen, permitting the construction of a docking area for trucks and a gravel
parking area including an area for the staging of containers, for property located on the east side
of US Route 11/NYS Route 41, approximately 100 ft. south of Fisher Avenue, tax map #76.19-
01-19.000 and #76.19-01-43.000, subject to the following conditions from the Town and County
Planning Boards:
The containers only being allowed to be stored on site empty so as to not become
permanent storage for the recycling facility.
2. The 8,839 +/- sq. ft. property being consolidated by deed with the adjoining recycling
facility property as the two properties are to be used in conjunction with one another
and to provide direct road access to the 8,839+/- sq. ft. property.
3. That the proposed sign be located either attached to the building or setback at least 15
ft. from all property lines to meet the Town's requirements.
AND IT IS FURTHER RESOLVED, the Supervisor is hereby authorized to sign the permit.
RESOLUTION #108 ACKNOWLEDGE NOTIFICATION FROM THE STATE FOR
FILING OF LOCAL LAW NO.2 OF 2010
Motion by Councilman Testa
Seconded by Councilman Rocco
VOTES: ALL AYE ADOPTED
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JUNE 16, 2010 TOWN BOARD MEETING PAGE 4
BE IT RESOLVED, the New York State Department of State acknowledged receipt of
Local Law No. 2 of 2010 — Imposing a Moratorium on Placement of Commercial Wind Farm
Facilities, to be effective June 1, 2010.
Attorney Folmer reported:
Proposed Meeting with Bennie Road Property Owners:
Attorney Folmer apprised the Board he drafted a letter concerning changes to the Bennie
Road area. He suggested the draft letter be mailed to Bennie Road property owners to discuss
concerns and changes regarding the closing of Bennie Road at its intersection with NYS Route
13, signage, and etcetera. The Board agreed that sending the letter to property owners was a
good idea and approved Attorney Folmer's letter for mailing. Supervisor Tupper and Attorney
Folmer would work on mailing the letter to the appropriate property owners.
Councilman Rocco apprised the Board he spoke with Jack Williams, Chairman of the
County Legislature and one of the four members of the advisory committee, concerning wind
turbines. He asked both Chairman Williams and Legislator Kathie Arnold to provide him with a
copy of the signed Attorney General's Ethics Statement that TCI said they would sign.
According to Councilman Rocco, TCI was continuing to purchase noise abatements and leases in
Cortland County. Councilman Rocco also offered copies of a book to the Board regarding the
health effects of wind turbines.
There was discussion regarding the Governmental Accounting Standard No. 45 (GASB),
Accounting and Financial Reporting by Employers for Post -employment Benefits Other Than
Pensions. Supervisor Tupper explained that GASB 45 is a liability that private business has to
fund, but government entities do not. The Town does have an obligation to calculate what the
actual cost should be for its post -employment benefits program; the report must be completed
and attached to the Town's Annual Report.
Councilman Rocco stated it was his understanding that the Town would have to comply
with putting money away within five years.
Supervisor Tupper stated that at this level governments have not been forced to do so.
Businesses are forced to put the post -employment benefits on their balance sheet and to fund it.
In order for the Town to fund the program, the annual payment would be about $250,000 for 30
years.
Councilman Rocco felt it was prudent for the Board to discuss whether or not the Town
should start putting money away. Supervisor Tupper stated that another reserve account would
be set up if the Board chose to do so. He explained that if the Town were to dissolve, which he
did not anticipate happening, there would have to be enough money to pay the benefits for all
employees. Before the law was passed, businesses would declare bankruptcy and all promises
made for retirement and health insurance would be lost.
RESOLUTION #109 ACKNOWLEDGE GASB 45 OTHER POST -EMPLOYMENT
BENEFITS ACTUARIAL VALUATION FOR THE FISCAL
YEAR ENDING DECEMBER 31, 2009 FOR THE TOWN OF
CORTLANDVILLE AS PREPARED BY ARMORY
ASSOCIATES. LLC
Motion by Councilman Proud
Seconded by Councilman Leach
VOTES: ALL AYE ADOPTED
BE IT RESOVLED, the Governmental Accounting Standard No. 45 (GASB) Other Post -
employment Benefits Actuarial Valuation for the fiscal year ending December 31, 2009 for the
Town of Cortlandville, as prepared by Armory Associates, LLC, dated May 28, 2010, is hereby
acknowledged and shall be received and filed.
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JUNE 16, 2010 TOWN BOARD MEETING PAGE 5
There was discussion regarding correspondence from Menter, Rudin, & Trivelpiece, P.C.
concerning the Cortland Commerce Center, LLC project for 839 Route 13. Supervisor Tupper
explained that the agreement for real property tax exemption was negotiated by the Cortland
County IDA. The Town does not have a voice in the matter. According to Supervisor Tupper,
Assessor Briggs reviewed the document to make sure the language was correct
Councilman Proud made a motion, seconded by Councilman Leach, to receive and file
correspondence from Menter, Rudin, & Trivelpiece, P.C., dated June 2, 1010, regarding the
Industrial Development Agencies application for Real Property Tax Exempt for the Cortland
Commerce Center, LLC project, located at 839 NYS Route 13 in the Town of Cortlandville. All
voting aye, the motion was carried.
There was discussion regarding the Polkville Waterline Extension Project. Supervisor
Tupper explained that correspondence received from both the NYS Office of Parks Recreation
and Historic Preservation, and the NYS DEC completed the Town's application for the Polkville
Waterline Extension Project.
Councilman Proud questioned whether the Board could use the same approvals for the
project in the future when funding becomes available. If the Town receives approval from the
NYS DEC for installation of the waterline, but does not immediately proceed with the project,
would the Town have to resubmit all its information for approvals again? Supervisor Tupper
indicated that there has been discussion regarding whether they could "box up all the engineering
and all of the work that we've done, and then open the box when the money comes in." He
feared that a lot of the SEQR and environmental documents would have to be re -done if it took a
year for the Town to receive funding.
Attorney Folmer stated it was his understanding that Clough Harbour made changes to
the application to the DEC and resubmitted those changes. He would double-check with Clough
Harbour to make sure the documents were resubmitted.
Councilman Proud made a motion, seconded by Councilman Rocco, to receive and file
correspondence from the NYS Office of Parks Recreation and Historic Preservation to Thoma
Development Consultants dated June 2, 2010, regarding the Polkville Waterline Extension
Project and their recommendation that the "project will have no effect on historic properties
listed or eligible for listing on the National Register of Historic Places." All voting aye, the
motion was carried.
Councilman Proud made a motion, seconded by Councilman Rocco, to receive and file
the "Notice of Receipt of Resubmission" from the NYS Department of Environmental
Conservation dated June 3, 2010, regarding the Polkville Waterline Extension Project. All
voting aye, the motion was carried.
Councilman Proud made a motion, seconded by Councilman Rocco, to receive and file
correspondence from Supervisor Tupper to James Trasher, Clough Harbour & Associates LLP,
dated June 10, 2010, regarding the Town's election to suspend work on the Polkville Waterline
Extension Project for 90 days to seek alternative funding sources. All voting aye, the motion
was carried.
Councilman Proud made a motion, seconded by Councilman Testa, to receive and file
correspondence from Time Warner Cable, dated June 1, 2010, regarding programming services.
All voting aye, the motion was carried.
Councilman Rocco made a motion, seconded by Councilman Proud, to receive and file
correspondence from the NYS Board of Real Property Services, dated June 7, 2010, regarding
the Tentative 2010 Equalization Rate of 100.00 for the Town of Cortlandville. All voting aye,
the motion was carried.
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JUNE 16, 2010 TOWN BOARD MEETING PAGE 6
Councilman Proud made a motion, seconded by Councilman Rocco, to receive and file
correspondence from the Cortland County Department of Fire and Emergency Management, on
behalf of the Cortland County Regional Training Center, dated June 4, 2010, thanking the Town
for donating a copier to the Cortlandville Fire District. All voting aye, the motion was carried.
There was discussion regarding the request made by Cortland Youth Bureau for financial
assistance to accomplish repairs to the Wickwire Pool located in the City of Cortland.
Supervisor Tupper apprised the Board he had a meeting with the former Mayor of
Cortland and the Youth Bureau Director. The City reached a conclusion to not open Wickwire
Pool this year unless it was able to come up with the funding needed to make repairs to the pool.
The quotes for the labor and material to make the repairs would cost $14,400 this year and will
be a one-time expense. Supervisor Tupper requested the Youth Bureau provide him with
information regarding the number of Cortlandville children who utilize the pool, which they
determined was 21 %. The repairs will keep the pool working for a few years, which will give
the City time to look for further funding.
Supervisor Tupper apprised the Board the Town would pay the total cost of $14,400 as a
one-time expense to help the City. The Town's contract with the Youth Bureau would increase
by $14,400 this year only. A budget transfer was added to the end of the agenda to accomplish
this.
Councilman Rocco commented on the Ted Testa Park and the fact that the park is used
by all people; not just Cortlandville residents. The Town does not have fees for its services.
Supervisor Tupper felt the Board should be proud of what it is does for recreation, and
mentioned the contracts the Town has with the Village of Homer and Village of McGraw for
recreation.
Councilman Proud made a motion, seconded by Councilman Leach, to receive and file
correspondence from the Cortland Youth Bureau, dated June 8, 2010, requesting financial
assistance for repairs to Wickwire Pool located in the City of Cortland. All voting aye, the
motion was carried.
There was discussion regarding applications submitted by Adhan Piping Company, Inc.
for property located on Route 13 in the Town of Cortlandville. Attorney Folmer explained the
pending applications for Adhan Piping, which included a Use Variance for use of the property
for mining; a Conditional Permit application; and an Aquifer Protection Permit application. The
Zoning Board of Appeals must first approve the Use Variance for the property in order for the
other permit applications to be considered. Riehlman Shafer & Shafer submitted correspondence
to the Board requesting they act as lead agency. Attorney Folmer advised the Board it was
premature for them to act as lead agency for the purposes of SEQR at this time. Therefore, the
Board took no action on whether or not they would act as lead agency.
Councilman Leach made a motion, seconded by Councilman Testa, to receive and file
correspondence from Riehlman Shafer & Shafer, Attorneys at Law, dated June 8, 2010,
regarding the applications of Adhan Piping Company, Inc., for property owned by Joanne
Clowser, located at 706 NYS Route 13, tax map 4105.00-01-49.110. All voting aye, the motion
was carried.
Councilman Testa made a motion, seconded by Councilman Leach, to receive and file
correspondence from the New York State Department of Transportation, dated June 7, 2010,
regarding a Public Outreach Meeting to be held June 29, 2010 at 10:00 a.m. at the Cortland
County Office Building, Room 304 regarding proposed program of projects in Cortland County
for 2010-2015. All voting aye, the motion was carried.
Councilman Proud made a motion, seconded by Councilman Rocco, to receive and file
correspondence from Diana Graser, P.E., New York State Department of Transportation, dated
June 10, 2010, acknowledging receipt of the Town's request to lower the speed limit on Bennie
Road from Route 13 east a distance of 2,900 feet. All voting aye, the motion was carried.
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JUNE 16, 2010
TOWN BOARD MEETING
17:TOM
RESOLUTION #110 AMEND 2010 BUDGET GENERAL FUND PART TOWN (B)
AND AUTHORIZE SUPERVISOR TO TRANSFER $14,400
FROM B7110.00 (TESTA PARK) TO B7310.4 (YOUTH
PROGRAMS) FOR THE REPAIR OF THE WICKWIRE POOL
IN THE CITY OF CORTLAND
Motion by Councilman Testa
Seconded by Councilman Leach
VOTES: ALL AYE ADOPTED
WHEREAS, the Town Board received a request from the Cortland Youth Bureau for financial
assistance with repairs to Wickwire Pool located in the City of Cortland, and
WHEREAS, the Town Board agreed to pay the total cost of $14,400 as a one-time expense to
help the City accomplish repairs to the pool, which will allow the Youth Bureau to open the
recreational facility for the next few years until it can secure funding to conduct a complete
renovation of the pool, therefore
BE IT RESOLVED, the Supervisor is hereby authorized and directed to transfer $14,400 from
B7110.44 (Testa Park) to B7310.4 (Youth Programs) for the Cortland Youth Bureau —Wickwire
Pool, and it is further
RESOLVED, the 2010 Budget is hereby amended.
Supervisor Tupper apprised the Board the Town Highway Department was helping the
City of Cortland with projects at Yaman Park and Suggett Park. The Highway Department
helped with "brush -hog" work at Yaman Park, and helped replace a bridge at Suggett Park that
the City did not have equipment for. Supervisor Tupper felt it was important to recognize the
cooperation between the Town and the City.
Councilman Rocco mentioned the cooperation of the Cortlandville Fire Department and
its recent response time to a fire in the City of Cortland. He was impressed with the Fire
Department, which is made up of volunteers.
No further comments or discussion were heard.
Councilman Rocco made a motion, seconded by Councilman Testa, to adjourn the
Regular Meeting. All voting aye, the motion was carried.
The meeting was adjourned at 5:45 p.m.
Respectfully 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 July 7, 2010.