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