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Home My WebLink About08-18-2010. i AUGUST 18, 2010 5:00 P.M. PUBLIC HEARING NO. 1 AQUIFER PROTECTION PERMIT DAVID YAMAN CORTLAND COMMERCE CENTER, LLC } 839 NYS ROUTE 13 TAX MAP #95.00-10-01.100 1 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 5,000 sq. ft-. -- - loading dock addition to an existing manufacturing facility, for property owned by David ----' Yaman, Cortland Commerce Center, LLC, located on the west side of NYS Route 13 and south side of Lime Hollow Road, tax map #95.00-10-01.100. 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; David Yaman, Cortland Commerce Center; Rick Petrucco; 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. Attorney Folmer had a question for David Yaman regarding the August 11, 2010 letter from Dan Dineen, Director of the Cortland County Planning Department. It was Attorney Folmer's understanding that the August 1l1h letter cleared up the question the Town Planning Board had regarding drainage. If the Board were to approve the Aquifer Permit, the appropriate way to do so would be to approve it with the County Planning Board's recommendations contained originally as modified by the letter of August 11, 2010. Mr. Yaman agreed. No further comments or discussions were heard. The Public Hearing was closed at 5:05 p.m. 1 AUGUST 18, 2010 5:05 P.M. -13S 1 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; David Yaman, Cortland Commerce Center; Rick Petrucco; News Reporter, Sharon Stevans for Channel 2, Access TV. Supervisor Tupper called the meeting to order. The Draft Town Board Minutes of August 4, 2010 were presented to the Board for their review. RESOLUTION 4145 AUTHORIZE SUPERVISOR TO SIGN PURCHASE ORDER #0107 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 #0107 submitted by Town Engineer, Hayne Smith for concrete floors, steps, and sidewalks for the Terrace Road Well, to be completed by Gary Davis, for the total cost of $5,462.00. RESOLUTION #146 AUTHORIZE SUPERVISOR TO SIGN PURCHASE ORDER #0108 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 #0108 submitted by Town Engineer, Hayne Smith for interior walls at the Terrace Road Well, to be completed by Bruce Brown, for the total cost of $4,720.00. RESOLUTION #147 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 Vouchers #434 - 461 $ 33,301.70 General Fund B B102 - B107 $ 1,345.28 Highway Fund DB D298 - D319 $ 31,345.82 Trust & Agency T23 - T23 $ 1,547.28 Special Grants C30 - C30 $ 1,932.00 Water Fund W174 - W181 $ 7,589.30 Sewer Fund S83 - S86 $ 1,010.19 Capital Project H112 - H123 $ 11,964.59 136 AUGUST 18, 2010 TOWN BOARD MEETING PAGE 2 made. Supervisor Tupper offered privilege of the floor to those in attendance. No requests were The monthly report of the Town Justice for the month of July 2010, and the SPCA for the months of January through July 2010, were on the table for review and are filed in the Town Clerk's Office. Attorney Folmer and the Board reviewed the SEQR Short Environmental Assessment Form for the Aquifer Protection Permit application submitted by David Yaman, Cortland Commerce Center, LLC, for property located on NYS Route 13. RESOLUTION #148 DECLARE NEGATIVE IMPACT FOR AQUIFER PROTECTION PERMIT #3 OF 2010 SUBMITTED BY DAVID YAMAN, CORTLAND COMMERCE CENTER, LLC FOR PROPERTY LOCATED ON NYS ROUTE 13 Motion by Councilman Rocco Seconded by Councilman Leach VOTES: ALL AYE ADOPTED WHEREAS, an Aquifer Protection Permit application was submitted by David Yaman, Cortland Commerce Center, LLC, to permit the construction of a 5,000 sq. ft. loading dock addition to an existing manufacturing facility, for property located on the west side of NYS Route 13 and south side of Lime Hollow Road, tax map #95.00-10-01.100, 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 David Yaman, Cortland Commerce Center, LLC, Aquifer Protection Permit #3 of 2010, shall have no significant environmental impact. RESOLUTION #149 AUTHORIZE SUPERVISOR TO SIGN SEQRA APPLICATION OF AQUIFER PROTECTION PERMIT #3 OF 2010 Motion by Councilman Leach Seconded by Councilman Rocco 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 2010, submitted by David Yaman, Cortland Commerce Center, LLC. RESOLUTION #150 APPROVE AQUIFER PROTECTION PERMIT #3 OF 2010 SUBMITTED BY DAVID YAMAN, CORTLAND COMMERCE CENTER, LLC FOR PROPERTY LOCATED ON NYS ROUTE 13 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 137 AUGUST 18, 2010 TOWN BOARD MEETING PAGE 3 BE IT RESOLVED, the Town Board does hereby approve Aquifer Protection Permit #3 of 2010, submitted by David Yaman, Cortland Commerce Center, LLC, permitting the construction of a 5,000 sq. ft. loading dock addition to an existing manufacturing facility, for property located on the west side of NYS Route 13 and south side of Lime Hollow Road, tax map 495.00-10-01.100, subject to the following conditions from the County Planning Board, dated July 16, 2010, as modified by the letter to Mr. Yaman dated August 11, 2010 from Daniel Dineen, Director of the Cortland County Planning Department: 1. If it is determined that a stormwater pollution prevention plan is required for this development, it is recommended that the stormwater plan be reviewed by the County Soil and Water Conservation District. 2. The applicant obtaining confirmation from the NYS Department of Environmental Conservation (DEC) that the proposed site work is within the existing remediation plan for the site including compliance with any required soil sampling, soil vapor extraction system and air monitoring in the excavation area. 3. That there be no floor/trench drains inside the loading dock addition installed or connected to the storm water system. 4. The proposed interior floor/trench drain can be pumped into the Town sewer system provided that an oil/water separator is installed. 5. Compliance with SEQR requirements. AND IT IS FURTHER RESOLVED, the Supervisor is hereby authorized to sign the permit. Under new business, Town Clerk Snyder reminded the Board the Informational Meeting regarding Partial Payments would be held Thursday, August 19, 2010 at 7:00 PM at the Raymond G. Thorpe Municipal Building. She was aware that several of the Board Members would not be able to attend, but noted that she had the full support of the Town Supervisor and Town Board with regard to the partial payment process. The presentation would also be aired on Channel 2, Access TV. Attorney Folmer reported: Grass Ordinance: Attorney Folmer apprised the Board the situation in Blodgett Mills regarding the grass ordinance had not been resolved. An appearance ticket was filed with the Town Justice, with an appearance date in Town Court on September 1, 2010 at 2:30 p.m. Walden Place - Signage: Attorney Folmer informed the Board that Walden Place had concerns regarding their ability to locate a sign on the parcel of land the Town recently acquired by reason of the Wal- Mart development. An issue arose as to whether or not granting permission for the location of a sign for a private entity on Town property opens the door to a request for a sign by an individual or an organization on any of the Town properties. The Board should discuss the issue to arrive at a policy/decision. Attorney Folmer and CEO Williams were in contact with Walden Place to discuss the issue and to indicate the concern the Town has. Attorney Folmer received a phone call from Attorney Bradley Hunt representing Walden Place. He advised Mr. Hunt that he would suggest the Board not discuss the matter until the September 1, 2010 meeting to allow all Board Members to be present. Councilman Rocco auestioned whether Walden Place submitted a drawina for their request. Supervisor Tupper indicated that Tom Williams was dealing with the permit. He, CEO Williams, and Attorney Folmer have discussed the matter and how it could "open up a can of worms" for other town properties. 138 Councilman Rocco commented that the State of New York does not allow such signs on State owned property. AUGUST 18, 2010 TOWN BOARD MEETING PAGE 4 Attorney Folmer stated the concern was the overall policy of permitting or not permitting commercial advertisements on Town property. Councilman Leach made a motion, seconded by Councilman Rocco, to receive and file correspondence from Cortland County Department of Fire & Emergency Management, dated August 7, 2010, regarding the 2010 National Incident Management System (NIMS) Compliance Metrics. All voting aye, the motion was carried. RESOLUTION #151 APPOINT HIGHWAY SUP'T. CARL BUSH AS THE LOCAL POINT OF CONTACT (POC) FOR ALL COMMUNICATIONS REGARDING THE NATIONAL INCIDENT MANAGEMENT SYSTEM NMS) Motion by Councilman Leach Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby appoint Highway Sup't. Carl Bush as the local point of contact (POC) for all communications regarding the National Incident Management System (NIMS) for the Town of Cortlandville. Councilman Leach made a motion, seconded by Councilman Rocco, to receive and file correspondence from the New York State Department of Transportation, dated August 10, 2010, acknowledging receipt of the Town's request to lower the speed limit on Stupke Road. All voting aye, the motion was carried. There was a brief discussion regarding the I-81 over South Hill Road Project in the Town of Cortlandville. Supervisor Tupper and Highway Sup't. Bush would be meeting with the County and the NYS DOT on Wednesday, September 22, 2010 at 10:00 AM at the Town of Cortlandville, to discuss the bridge project. Councilman Leach made a motion, seconded by Councilman Rocco, to receive and file correspondence from the New York State Department of Transportation, dated August 13, 2010, regarding I-81 over South Hill Road Project. All voting aye, the motion was carried. There was discussion regarding a request from the State of New York Unified Court System requesting a copy of the Town Court's most recent audit, and a copy of the Board resolution acknowledging that the audit was conducted. Town Clerk Snyder apprised the Board that she has a copy of the most recent audit on file in her office, and would provide Supervisor Tupper with a certified copy of the requested resolution. She could also certify the Board Minutes stating that a Member of the Board audited the Town Justice records if necessary. Councilman Leach made a motion, seconded by Councilman Rocco, to receive and file correspondence from the State of New York Unified Court System, dated August 16, 2010, requesting a copy of the Town Court's most recent audit, and a copy of the Board resolution acknowledging that the required examination or audit was conducted. All voting aye, the motion was carried. Councilman Rocco apprised the Board he submitted the accident report for wind turbines going back to the year 2000 on various sites, to Supervisor Tupper and Attorney Folmer. The data was compiled by a professional organization. Although lengthy, he requested they spend time reviewing the report. Councilman Rocco also mentioned that the Attorney General recently visited Cape Vincent, NY to investigate the wind turbines and whether or not there was a conflict of interest for some of the elected officials. He was interested to hear the outcome of the Attorney General's visit. 139 AUGUST 18, 2010 TOWN BOARD MEETING PAGE 5 No further comments or discussion were heard. Councilman Leach made a motion, seconded by Councilman Proud, to adjourn the Regular Meeting. All voting aye, the motion was carried. The meeting was adjourned at 5:30 p.m. Fl 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 September 1, 2010 1 1