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HomeMy WebLinkAbout02-04-2004FEBRUARY 04, 2004 5:00 P.M. PUBLIC HEARING NO. 1 AQUIFER PROTECTION PERMIT SUIT-KOTE CORPORATION US ROUTE 1 l/ NYS ROUTE 41 TAX MAP #87.00-03-16.122 A Public Hearing was held by the Town Board of the Town of Cortlandville at the Town Hall, 3577 Terrace Road, Cortland, New York, concerning an Aquifer Protection Permit permitting the installation of seven asphalt storage tanks, one fuel tank and two buildings over a five-year period, located off of US Route 11/NYS Route 41, behind Niagara Mohawk's Cortland substation, in the Town of Cortlandville, tax map #87.00-03-16.122. Members present: Supervisor, Raymond Thorpe Councilman, Theodore Testa Councilman, Edwin O'Donnell Councilman, Ronal Rocco Councilman, John Pilato Town Clerk, Karen Q. Snyder Others present were: Town Attorney, John Folmer; Highway Sup't. Carl Bush; Water & Sewer Sup't. Peter Alteri; James Trasher of Clough, Harbour & Associates; Paul Suits and Dick Schutz of Suit-Kote Corp; and News Reporter, Nicole Flatow of the Cortland Standard. Supervisor Thorpe called the Public Hearing to order. The Town Clerk read aloud the Legal Notice as published, posted and filed Supervisor Thorpe offered privilege of the floor to those in attendance. Councilman O'Donnell apprised the Board he received a phone call from a concerned constituent who was opposed to the installation of the tanks. The concerned parry referred to the site as "oil city" and informed Councilman O'Donnell that he was concerned about the tanks, railroad cars, and other problems that could occur. Dick Schutz of Suit-Kote Corp. apprised the Board that Suit-Kote Corp. would like to install a total of seven asphalt storage tanks. The largest tank would be 24,000 tons and would be installed in 2004. There would be six smaller tanks varying in size from 4,000 tons to 6,000 tons. There would be a second unloading/loading building in the future for trucks, which would be identical to the existing building. Mr. Schutz explained it was important for Suit-Kote to have the ability to load additional trucks at the site, although the asphalt would primarily come in on railroad spurs. Mr. Schutz apprised the Board that Suit-Kote would need a hot -oil heated building to supply heat to the heating coils for the first tank and the subsequent tanks. Similar to the existing facility, Suit-Kote would primarily be using natural gas, but would also want a back-up fuel supply in the event they were curtailed with natural gas. Mr. Schutz explained there would be a perimeter dike, which uses the existing secondary containment. A roadway would go around the perimeter dike, which would be depressed about three feet. In the event there was a catastrophic failure the asphalt would flow in the containment areas. There would also be pipes for stormwater to drain. According to Mr. Schutz, one of the reasons for the installation of the seven asphalt storage tanks is due to the change in the market place of the performance rating of asphalt. The rating has been broken down into different categories much like motor oils have. Suit-Kote needs to have the different grades, and must be able to certify them. In some cases Suit-Kote would need two smaller tanks: a tank to put the product in, and a certified tank to draw the product out of. Mr. Schutz apprised the Board that one of their asphalt suppliers located in the near northeast recently announced it would cease production at the end of 2004. Suit-Kote anticipates C E 1 FEBRUARY 04, 2004 PUBLIC HEARING NO. 1 PAGE 2 that other suppliers would also follow suit and cease production. Therefore, in order to ensure that Suit-Kote has a supply of asphalt for the production season they must obtain the asphalt during the off-season when they have storage. Mr. Schutz stated the project represents an investment in Cortland County and in the Town of Cortlandville of approximately $6.5 million over five years. Numerous construction jobs would be created during the construction phase, and Suit-Kote's position in the market place would be strengthened. The project would also ensure that existing jobs would be maintained at least at the current level. Supervisor Thorpe questioned why there were problems with asphalt suppliers. Mr. Schutz apprised Superivor Thorpe the supplier shutting down is located in Canada and is having problems with the Province of Ontario. The supplier decided. not to invest money in new equipment. Attorney Folmer apprised Mr. Schutz that last Winter 2003 there were a string of railroad cars parked outside for weeks. He questioned whether that would change due to the proposed proj ect. Mr. Schutz could not guarantee that there would not be any railroad cars stored while tanks are loaded. He stated it takes a while to pump the cars, and it also depends on the number of cars and where the railroad puts them. He mentioned that last year the railroad added two additional rail spurs, which would hold forty cars instead of twenty. Paul Suits of Suit-Kote Corp. interjected and stated that the company worked with the railroad company to get the railroad cars moved last winter, mostly at the expense of Suit-Kote Corp. The railroad company is aware of the problem. Councilman O'Donnell questioned what the site was being used for at the present time. Mr. Suits believed that the land was being used for a cornfield, utilized by Diescher Farms. No further comments or discussions were heard. Councilman O'Donnell made a motion, seconded by Councilman Testa, to close the Public Hearing. All voting aye, the motion was carried. The Public Hearing was closed at 5:12 p.m. 1 Zo FEBRUARY 04, 2004 5:12 P.M. TOWN BOARD MEETING The Regular Meeting of the Town Board of the Town of Cortlandville was held at the Town Hall, 3577 Terrace Road, Cortland, New York, with Supervisor Thorpe presiding. Members present: Supervisor, Raymond Thorpe Councilman, Theodore Testa Councilman, Edwin O'Donnell Councilman, Ronal Rocco Councilman, John Pilato Town Clerk, Karen Q. Snyder Others present were: Town Attorney, John Folmer; Highway Sup't. Carl Bush; Water & Sewer Sup't. Peter Alteri; James Trasher of Clough, Harbour & Associates; Paul Suits and Dick Schutz of Suit-Kote Corp; and News Reporter, Nicole Flatow of the Cortland Standard. Supervisor Thorpe called the meeting to order. Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and file the Zoning Board of Appeals Minutes of December 30, 2003. All voting aye, the motion was carried. RESOLUTION #38 AUTHORIZE PAYMENT OF VOUCHERS - FEBRUARY Motion by Councilman O'Donnell Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED BE IT RESOLVED, the vouchers submitted have been audited and shall be paid as follows: General Fund A Vouchers 956 - 73 $ 16,542.10 General Fund B B8 - B 13 $ 27,123.27 Highway Fund DB D33 - D49 $ 34,184.02 Water Fund W13 - W18 $ 63,539.18 Sewer Fund S6 - S8 $ 80,635.46 Capital Projects H4 - H5 $ 1,613.37 Special Grant SG1 - SG3 $375,000.00 Monthly reports for the Supervisor and SPCA for the month of December 2003, and the Tax Collector and Town Clerk for the month of January 2004, and are on the table for review and filed in the Town Clerk's office. RESOLUTION #39 ACCEPT ANNUAL REPORT OF THE TOWN JUSTICE Motion by Councilman Testa Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Annual Report of the Town Justice for the year of 2003 is hereby accepted, and shall be received and filed. FEBRUARY 04, 2004 TOWN BOARD MEETING PAGE 2 Supervisor Thorpe offered privilege of the floor to those in attendance. Councilman O'Donnell spoke to the Board in regard to the 2004 Town and County Taxes. He speculated that most of the elected officials, including the tax collector and himself, have talked with concerned constituents regarding the increase in the 2004 taxes. Councilman O'Donnell stated the Board should be concerned with the 2005 taxes and felt that department heads could help devise a plan to keep taxes down. Councilman O'Donnell stated the Town must be frugal and should look at things that are in its control. As an example, he suggested the Town go out to bid for the Town's insurance. He stated the Board should start looking at ways to cut back prior to the budget workshops that would take place in the fall. Councilman Rocco stated that going out to bid for insurance would be a big process, but could be worth it. Supervisor Thorpe stated the Board has been frugal and is always conscious of taxes. Councilman Rocco stated he was concerned that the County would take more of the sales tax next year, which would put the Town in another difficult bind. Councilman Pilato apprised the Board he audited the Supervisor's records and found everything to be in order. Attorney Folmer submitted to the Town Clerk as part of the record a letter from Clough, Harbour & Associates dated January 30, 2004. The letter was a supplement to an earlier communication forwarded by Clough, Harbour & Associates with regard to the Aquifer Protection Permit application of Suit-Kote Corp. Attorney Folmer and the Board reviewed the SEQR Full Environmental Assessment Form for Suit-Kote Corp, prepared by Clough, Harbour & Associates. - RESOLUTION #40 DECLARE NEGATIVE IMPACT FOR AQUIFER PROTECTION PERMIT #1 OF 2004 SUBMITTED BY SUIT- KOTE COPORATION FOR PROPERTY LOCATED ON US ROUTE 11 /NYS ROUTE 41 Motion by Councilman Rocco Seconded by Councilman Testa VOTES: ALL AYE ADOPTED WHEREAS, an Aquifer Protection Permit application was submitted by Suit-Kote Corporation for property located on the US Route I I/NYS Route 41, behind Niagara Mohawk's Cortland substation, owned by. the Cortland County Industrial Development Agency, permitting the installation of seven asphalt storage tanks, one fuel tank and two buildings over a five-year period, tax map #87.00-03-16.122, and WHEREAS, the Town Board as Lead Agent, duly reviewed and completed the Full Environmental Assessment Form, therefore BE IT RESOLVED, the Town Board as Lead Agent, does hereby declare the proposed project of Suit-Kote Corporation, Aquifer Protection Permit 41 of 2004, shall have no significant environmental impact. RESOLUTION #41 AUTHORIZE SUPERVISOR TO SIGN SEQRA APPLICATION OF AQUIFER PROTECTION PERMIT #1 OF 2004 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 #1 of 2004, submitted by Suit-Kote Corporation. 2z FEBRUARY 04, 2004 TOWN BOARD MEETING PAGE 3 RESOLUTION #42 APPROVE AQUIFER PROTECTION PERMIT #1 OF 2004 SUBMITTED BY SUIT-KOTE CORPORATION FOR PROPERTY LOCATED ON US ROUTE I I/NYS ROUTE 41 SUBJECT TO CONDITIONS Motion by Councilman Rocco 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 #1 of 2004, submitted by Suit-Kote Corporation, for property located on US Route I I/NYS Route 41, behind Niagara Mohawk's Cortland substation, owned by the Cortland County Industrial Development Agency, permitting the installation of seven asphalt storage tanks, one fuel tank and two buildings over a five-year period, tax map #87.00-03-16.122, subject to the following conditions: 1) The appropriate NYS Department of Environmental Conservation (DEC) permits being obtained including a SPDES permit for stormwater discharge and any permits required as a Major Oil Storage Facility. 2) A stormwater pollution prevention plan being prepared for the site and approved by the Town as the impervious surface of the site would be increased by more than 10,000 sq. ft. 3) The applicant providing the Town with provisions for removal of the tanks once they. are no longer in use. 4) A negative declaration of environmental impact under SEQR. AND IT IS FURTHER RESOLVED, the Supervisor is hereby authorized to sign the permit. Town Clerk Snyder reported to the Board that as of Monday, February 2, 2004, her office collected $6.2 million in Town and County taxes, which includes the Fire Tax, Water and Sewer Benefit Tax, and any school, village, water or sewer relevies. As Tax Collector, Town Clerk Snyder collected 2877 tax bills out of 3894, which amounts to 78% of the tax warrant. Town Clerk Snyder informed the Board the last week of collection was perhaps the most difficult, as her office collected approximately $5 million during the last week. She apprised the Board the Town Supervisor has been paid in full, while the County has been partially paid. Town Clerk Snyder publicly thanked her staff, Deputy Town Clerks Kristin Rocco and Chavonne LaPlant, and retired Town Clerk/Tax Collector Pauline Parker Batsford for their help. Attorney Folmer reported: Jury Duty: Attorney Folmer recalled discussion that took place at a prior meeting regarding compensation for Town employees for jury duty. The Board felt that no Town employee should lose compensation as a result of serving on a jury. However, the Board believed the jury payment of $40.00 should be refunded to the Town or deducted from payment. According to Attorney Folmer, there is a distinction in the current personnel policy between non-exempt employees and exempt employees, which would not be relevant in regards to jury duty because it would affect all employees. He stated he would draft a policy that would reflect the change. Games of Chance: Attorney Folmer apprised the Board he would take the appropriate steps to ensure that Games of Chance would be put on the election ballot this November 2004. 1 1 1 Z3 FEBRUARY 04, 2004 TOWN BOARD MEETING PAGE 4 Rezoning of NYS Route 281/Route 13 Corridor: Attorney Folmer reported that the Planning Board scheduled a meeting for tonight, February 4, 2004 at 7:00 p.m. and the Cortlandville Fire Department. The purpose of the meeting was to review public comment and begin work on its suggestions for changes in the draft ordinance of the Rezoning of NYS Route 281/Route 13 Corridor. Attorney Folmer indicated it was not necessary for members of the Town Board to attend the Planning Board meeting because they are a reviewing authority. Theoretically, when the Planning Board recommendations are made the Board will independently review them. If members of the Board participated in the process to develop the changes, the Board could be construed as to have endorsed those documents. Councilman Rocco made a motion, seconded by Councilman O'Donnell, to receive and file the Cortland County Planning Board Resolution #04-1 regarding the Zoning Text and Map Amendment. All voting aye, the motion was carried. Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and file correspondence from Jamie Dangler regarding the Cortland Standard's article on the proposed Zoning Amendment. All voting aye, the motion was carried. Councilman Testa made a motion, seconded by Councilman O'Donnell, to receive and file the Cortland County Planning Board Resolution #04-2 regarding the Aquifer Protection Permit application of Douglas Ondrak, for property located at the old SCM building. All voting aye, the motion was carried. Attorney Folmer questioned whether the Board was in receipt of correspondence from the Town Planning Board regarding the application of Douglas Ondrak. Town Clerk Snyder apprised Attorney Folmer the Town Planning Board postponed the application until its February 24, 2004 meeting. Councilman O'Donnell made a motion, seconded by Councilman Rocco, to receive and file correspondence from Janice Gallinger regarding the 2004 Town and County property taxes. All voting aye, the motion was carried. Councilman Rocco made a motion, seconded by Councilman Testa, to receive and file correspondence from the NYS Department of Transportation regarding the First National Bank of Dryden site located on NYS Route 13. All voting aye, the motion was carried. Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and file correspondence from Cortland County Legislator, R. Scott Elston regarding the proposed Super Wal-Mart. All voting aye, the motion was carried. Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and file correspondence from David Musci regarding the proposed Super Wal-Mart. All voting aye, the motion was carried. Councilman Rocco made a motion, seconded by Councilman Testa, to receive and file correspondence from Town Assessor, David Briggs regarding property located on the corner of Stupke Road and Pheasant Run. All voting aye, the motion was carried. RESOLUTION #43 AUTHORIZE 60-DAY EXTENSION OF THE SUPERVISOR'S ANNUAL REPORT OF 2003 Motion by Councilman Rocco Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED z. 4 FEBRUARY 04, 2004 TOWN BOARD MEETING PAGE 5 BE IT RESOLVED, the Budget Officer is hereby authorized to request an additional 60-day extension from Audit and Control for filing of the 2003 Annual Financial Report. Councilman O'Donnell made a motion, seconded by Councilman Rocco, to receive and file correspondence from Dr. Arthur and Dr. Patricia Shedd regarding the proposed Zoning Amendment. All voting aye, the motion was carried. Councilman Rocco made a motion, seconded by Councilman O'Donnell, to receive and file correspondence from Leroy and Linda Marsh regarding the proposed Zoning Amendment. All voting aye, the motion was carried. There was a brief discussion regarding the 2004 Recreation Program Contract between the Town and the Village of Homer. Although the Village of Homer requested $5,000, Councilman Rocco reminded the Board the 2004 contract amount agreed upon by the Town was $3,000. The 2003 contract amount was $2,000. Because the Town did not agree upon the amount requested, the Village included a clause which states that residents of the Town would be required to pay a "non- resident participation fee" of ten dollars to offset the cost. Councilman Rocco was not in opposition to the additional charge to Town residents. RESOLUTION #44 . APPROVE THE 2004 ANNUAL CONTRACT BETWEEN THE VILLAGE OF HOMER AND THE TOWN OF CORTLANDVILLE Motion by Councilman Testa Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby approve the 2004 annual contract between the Village of Homer and the Town of Cortlandville for the Village's recreation program in the amount of $3000.00. Councilman Pilato was curious as to why the Town should give the Village of Homer money for their recreation program if Town residents would have to pay an additional user fee. He did not believe there should be a user fee for Town residents since the Town was giving the Village money to support the program. He questioned whether other municipalities, such as the City of Cortland, would start implementing user fees for participants of recreation programs who did not reside in their municipality regardless of any recreation contracts. Councilman Testa agreed with Councilman Pilato, but mentioned that the Town was not aware of the additional user fee for its residents at the time it turned the Village of Homer's proposal of $5,000 down. The clause was added to the contract by the Village after it received the Town's contract proposal of $3,000. RESOLUTION #45 AUTHORIZE WATER & SEWER SUP'T. TO PURCHASE LEAK DETECTION EQUIPMENT FROM FLUID CONSERVATION SYSTEMS, INC. Motion by Councilman Pilato Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby authorize the Water & Sewer Sup't. to purchase the SoundSens Leak Detection Correlator from Fluid Conservation Systems Inc. in an amount not to exceed $9,950. Councilman O'Donnell made a motion, seconded by Councilman Pilato, to receive and file correspondence from Colleen Kataau regarding the proposed Zoning Amendment. All voting aye, the motion was carried. zs FEBRUARY 04, 2004 TOWN BOARD MEETING PAGE 6 Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and file correspondence from Carol Cotie regarding the proposed Super Wal-Mart. All voting aye, the motion was carried. There was discussion regarding the request of Dr. J. Lee Ambrose to be relieved of the 2004 Water and Sewer Benefit Tax for three parcels located on Commons Avenue, tax map 486.09-04-01.200, #86.09-04-05.000, and 986.09-04-06.000. In his correspondence to the Board, Dr. Ambrose claimed the parcels were not large enough to build on and therefore would never utilize water and sewer. He stated the parcels are not saleable, and are not contiguous. Councilman O'Donnell questioned what the Town's policy was regarding the matter. Supervisor Thorpe stated if the owner cannot take advantage of the utilities the owner could be relieved of the tax. Highway Sup't. Carl Bush interjected and stated there are other properties in the Town that are not benefited by water and sewer that are taxed and have not been granted relief by the Town. He recommended the Board examine Dr. Ambrose's parcels. Supervisor Thorpe stated although Dr. Ambrose does not feel the parcels are saleable, they may very well be. Councilman Rocco stated it would be a good use of the Town's engineering firm, Clough, Harbour & Associates to come up with a new, fair plan relative to road. frontage for the water units. Attorney Folmer apprised the Board he has a private client who questioned why he paid $4,000 in taxes for a vacant lot, of which $800 was for the water benefit tax. Attorney Folmer apprised his client he had enough road frontage so that he gets one unit for the first five hundred feet and half a unit for every foot over and above five hundred feet. Attorney Folmer apprised the Board if they wanted Clough, Harbour & Associates look at the issue, the Board must also be concerned with the fact that they have issued bonds based upon the benefit tax base. The Board must not endanger the security of the bondholder by an activity. James Trasher of Clough, Harbour & Associates informed the Board that problems may arise when there is a consolidated district. The areas improved by a developer may experience charges from areas that are on the other side of the town where water and sewer are available. He stated there are many municipalities that have the same problem of property owners paying water and sewer taxes on vacant land where there are no buildings. Supervisor Thorpe stated a developer always takes a risk, and he stands to profit if he is successful. On the other hand, if the developer plans incorrectly it should not be the responsibility of the Town to "bail him out." James Trasher questioned how the Town's benefit tax was computed. He stated other municipalities do not base solely on usage. A single-family house would be one unit, while a multi -family house would be one and a half units. A commercial occupancy would be based on square -footage of the building and consumption. Town Clerk Snyder apprised Mr. Trasher that the Town's benefit tax was computed by consumption or road frontage. She stated it could be based on units and explained that if there was an apartment building with sixty units, the tax would be based on sixty units. She explained that Dr. Ambrose's parcels were based on frontage. Attorney Folmer stated if the Board were to change the water and sewer benefit tax it would have to be done by permissive referendum. He stated the Board could make an examination to determine if there is a more equitable method by which to assess the water and sewer benefit tax. As of right now, Attorney Folmer stated he agreed with Highway Sup't. Bush in that the Board has not forgiven such taxes in the past. Councilman Testa suggested the Board table the request, and have Town Assessor David Briggs investigate it. RESOLUTION #46 TABLE WATER AND SEWER BENEFIT TAX RELIEF REQUEST OF DR. J. LEE AMBROSE FOR PROPERTY LOCATED ON COMMONS AVENUE Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE ADOPTED z(0 FEBRUARY 04, 2004 TOWN BOARD MEETING PAGE 7 BE IT RESOLVED, the Town Board does hereby table the Water and Sewer Benefit Tax relief request of Dr. J. Lee Ambrose for properties located on Commons Avenue, tax map #86.09-04- 01.200, #86.09-04-05.000, and #86.09-04-06.000, until February 18, 2004 Town Board meeting. Councilman O'Donnell made a motion, seconded by Councilman Testa, to adjourn the Regular Meeting. All voting aye, the motion was carried. The meeting was adjourned at 5:55 p.m. Respectfully submitted, Karen Q. Snyder Town Clerk Town of Cortlandville 1 1 1