HomeMy WebLinkAbout03-03-200433
MARCH 03, 2004
7:00 P.M.
PUBLIC HEARING NO. 1
COMMUNITY DEVELOPMENT BLOCK GRANT — 2004
BLODGET MILLS AREA
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 the Community Development Block
Grant application for the Blodgett Mills area.
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, Walt Kalena, and Michael Alexander of Clough, Harbour
& Associates; Planning Board member, James Bugh; Ann Hotchkin of Thoma Development
Consultants; Mark S. Ingianni from Borg Warner; Joseph Puzo, Plant Manager of Pall Trinity
Micro Corp.; Roy Susskind, President of JM Murray Center, Inc.; John S. Nadolski, Vice Chairman
of JM Murray Center; Bud Ames, Treasurer of JM Murray Center; Thomas Carmen, Chairman of
JM Murray Center; Paul Suits of Suit-Kote Corp.; Mark Costich of Costich Engineering, Rochester,
NY; Michael Chernago representing SCWP, LLC and Bestway Enterprises; Les Sandman of Pall
Trinity Micro Corp.; Attorney Russell Ruthig, respresenting Super Wal-Mart; Garry VanGorder,
Executive Director of the Cortland County Chamber of Commerce; Scott Steve, Chairman of the
Cortland County Legislature; David McNeil of McNeil Development; Attorney Edward Hoffman,
representing Gutchess Lumber; Douglas Withey of the Cortland Water Board; News Reporter,
Nicole Flatow of the Cortland Standard; Patricia Wood; Lydia Ferro; Connie Mack; Arnold
Talentino; Ginny Space; Chris Cirmo; Jonas Rodriguez; David Crandall; Jan Thomson; and Sarah
Waller.
Supervisor Thorpe called the Public Hearing to order.
The Town Clerk read aloud the Legal Notice as published, posted and filed.
Before offering privilege of the floor to those in attendance, Supervisor Thorpe indicated
that any person requesting privilege of the floor identify themselves before speaking. He
explained that it's often difficult to identify a person when completing the official Town Board
Minutes.
Supervisor Thorpe offered privilege of the floor to Ann Hotchkin.
Ann Hotchkin of Thoma Development Consultants apprised those in attendance that her
firm was hired by the Town to resubmit an application to the Governor's Office of Small Cities
on behalf of the hamlet of Blodgett Mills. Although acceptable as submitted, Mrs. Hotchkin
explained that the first application submitted in 2003 was not approved due to the large number
of applications received by the State and the availability of funds. Ms. Hotchkin explained that
the 2004 application did not drastically change from the original application.
Councilman Rocco thanked Ann Hotchkin for all her work on the grant.
Mrs. Hotchkin reminded the Board that Thoma Development Consultants requested the
Board adopt a resolution authorizing the Supervisor to sign the 2004 Community Development
Block Grant (CDBG) application during the regular meeting.
Councilman O'Donnell commented that the CDBG meeting held in Blodgett Mills was
very informative. He was also very happy with the number of residents in attendance.
No further comments or discussions were heard.
Councilman Testa made a motion, seconded by Councilman Rocco, to close the Public
Hearing. All voting aye, the motion was carried.
The Public Hearing was closed at 7:07 p.m.
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MARCH 03, 2004
7:07 P.M.
PUBLIC HEARING NO. 2
LOCAL LAW NO. 1 OF 2004
WELLHEAD PROTECTION PLAN
A Public Hearing was held by the Town Board of the Town of Cortlandville at the Town
Hall, 3577 Terrace Road, Cortland, New York, regarding the enactment of Local law No. 1 of 2004,
establishing a Wellhead Protection Plan within the Town of Cortlandville.
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, Walt Kalena, and Michael Alexander of Clough, Harbour
& Associates; Planning Board member, James Bugh; Ann Hotchkin of Thoma Development
Consultants; Mark S. Ingianni from Borg Warner; Joseph Puzo, Plant Manager of Pall Trinity
Micro Corp.; Roy Susskind, President of JM Murray Center, Inc.; John S. Nadolski, Vice Chairman
of JM Murray Center; Bud Ames, Treasurer of JM Murray Center; Thomas Carmen, Chairman of
JM Murray Center; Paul Suits of Suit-Kote Corp.; Mark Costich of Costich Engineering, Rochester,
NY; Michael Chernago representing SCWP, LLC and Bestway Enterprises; Les Sandman of Pall
Trinity Micro Corp.; Attorney Russell Ruthig, respresenting Super Wal-Mart; Garry VanGorder,
Executive Director of the Cortland County Chamber of Commerce; Scott Steve, Chairman of the
Cortland County Legislature; David McNeil of McNeil Development; Attorney Edward Hoffman,
representing Gutchess Lumber; Douglas Withey of the Cortland Water Board; News Reporter,
Nicole Flatow of the Cortland Standard; Patricia Wood; Lydia Ferro; Connie Mack; Arnold
Talentino; Ginny Space; Chris Cirmo; Jonas Rodriguez; David Crandall; Jan Thomson; and Sarah
Waller.
Supervisor Thorpe: The second Public Hearing has to do with Local Law No. 1, which is
related to the Wellhead Protection Plan, and again I'll ask the Town Clerk to read the legal
notice.
Town Clerk Snyder: Please take notice that a Public Hearing will be held by the Town Board
of the Town of Cortlandville on March 3rd at 7:00 p.m. in the afternoon of said day or as soon
thereafter as the parties may be heard at the Town Hall, 3577 Terrace Road, regarding the
enactment of local Law No. 1 of 2004 establishing a Wellhead Protection Plan within the Town
of Cortlandville and regulating certain uses and activities within designated portions of the Town
as set forth in said proposed Local Law. This is by order of the Town Board of the Town of
Cortlandville, and is dated February 14", 2004.
Supervisor Thorpe: Before I open this up to public comment I am gonna ask counsel to make a
comment.
Attorney Folmer: Gentleman, since the publication of the notice of this Public Hearing as well
as some other information, I have received a, great many phone calls from people who are
concerned about the content of this Ordinance. The general trend of these conversations seems
to be, are we enacting an Ordinance, assuming that it could be made specific enough, are we
enacting an ordinance that merely lays on another layer of bureaucracy causing additional time
frame in responding to requests for approvals etcetera. I would like you to bare that in mind as
you hear what is going on here this evening, and what you hear this evening. When this
discussion is concluded I am gonna ask that you take item...
Supervisor Thorpe: G-2
Attorney Folmer: ... G-2... is that the one?
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Supervisor Thorpe: Yep.
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MARCH 03, 2004 PUBLIC HEARING NO. 2 PAGE 2
Attorney Folmer: ... Yeah ... G-2, immediately following the public hearing so that you can
take an action with regard to this and not have to have people sit here until you get down to the
end of your agenda. And I'm gonna request that you, one, authorize the submission of written
materials by anyone who wishes to do so no later than Friday afternoon of next week so that we
have them to review. And, secondly, that you then let ... that you table this consideration until
such time as myself and the engineers have had a chance to review the comments that are made
tonight which relate to the necessity of this Ordinance at all, as well as the weight it's gonna
meld with other ordinances that are presently on the books and procedures that are in place. In
addition to that as part of the record of this public hearing I'd like to be sure that you have in the
record a letter dated February 4, 2004 from Clough Harbour which regards the fact that they
have prepared the technical part of this. A letter dated March 3, 2004 from Riehlman, Shafer &
Shafer, Mr. Shafer, on behalf of SCWP, LLC and Bestway Enterprises. A memorandum of some
sort that I received from Jim Yaman by fax, outlining what he considers to be some problems
with this proposal. And a letter which I was just handed this evening from the lawfirm of Bond,
Schoeneck & King in Syracuse on behalf of their client Borg Warner. And I give. you a copy of
that because... Ron ... I give you a copy of that because I have enough to pass out. Karen needs
one.
So, I wanted to warn you that that's what I was gonna ask you to do when you got
finished with your public hearing. And, I would say to those in attendance that while I think it is
great you're here to offer your verbal comments, it's a lot easier for me and anybody else to
review materials that are written, so that we can lay them side by side with the Ordinance and see
what the concerns might be to examine in that fashion. And so although you speak this evening,
if you would please take advantage of the ten-day period that I am suggesting to submit your
written communications, I would appreciate it, and I am sure that the folks from Clough Harbour
would as well, and I know the Board will.
Supervisor Thorpe: Yeah, I have received innumerable phone calls about this, and it's difficult
for me to retain in my advancing years all the information that's being transmitted over the
phone. I've requested people to put it in writing so that we have a record, and so that we can
review it with care. On that basis then I'll open up the public hearing and give anyone who
wants to speak privilege of the floor. Sir.
Attorney Mike Shafer (Riehlman, Shafer and Shafer, counsel for SCWP, LLC. and
Bestway Enterprises): Mr. Thorpe, Mike Shafer. I just had a couple of questions addressed to
Mr. Folmer. John, we got the Draft back last September and there was an indication at that point
that it was going to be referred to County Planning for their comment. Did that referral in fact
take place?
Attorney Folmer: I think it did. Yes.
Attorney Mike Shafer: And so we have comments that have come back from County
Planning?
Attorney Folmer: I think we do in the record. I'll be sure you get a copy of them.
Attorney Mike Shafer: Thank you. I appreciate that.
Supervisor Thorpe: Anyone else?
Attorney Edward Hoffman (Counsel for Gutchess Lumber): Excuse me Ray. I am here on
behalf of Gutchess Lumber and you may not know it but about a year and a half ago the
employees are in a stock option plan and became owners of a very substantial part of the
company. I am the trustee of their stocks, and I speak in' that capacity, also on behalf of Homer
Gutchess who owns the rest of the company. I spoke to you, I think, when this was first
proposed last year and the problem I saw then was that in lA and 113 zones there was no
provision for a variance. What that meant was if you owned land or existing land like Gutchess
does in a lA or I zone, you just couldn't do any of the prohibited uses that are listed. You just
couldn't do them no matter how benign they would be to the aquifer, or how benign they would
be to the environment. You just couldn't do them. And, um, I think that.... at another meeting
about that, the same thing as you. And I think that most of you agreed. And this new ordinance,
which I just read last night, the new proposal, I think is a lot better than the old one. You always
get a special permit this time. Nothing is absolutely forgiven no matter how benign. So I think
it's a great improvement, but I also think it's like John said, I think it's really another layer of
bureaucracy. If you look at the um... The problem with it is, it gives unaccredited discretion to
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MARCH 03, 2004 PUBLIC HEARING NO. 2 PAGE 3
the Code Enforcement Officer without any standards set up at all in this ordinance, except that he
feels that it might somehow affect the water. To deny an application, many advert to three
separate boards. You talk about bureaucracy, it goes to the Planning Board, it goes to the Town
Board, eventually, and the new Citizens or whatever it's called, Citizens Technical Advisory
Committee. And, so you've got to go through Bruce Weber, and then you've gotta go through
two boards and then you guys. And the biggest problem with all that, I think, is that I don't
know if you need another committee. You've got a very competent Planning Board. I've been
going before them quite a bit lately with the Wal-Mart issue and I've been very impressed with
the way they've handled it. They're very professional. They've got a lot of expertise in this
area. What do you need a new board for?
The other problem is that, that comes up for a decision, an applicant who makes
application, and you guys are deciding it after you hear from the Planning Board and the new
board, plus any outside, plus the City if it affects the City. There's no standards whatsoever in
this ordinance for your... in your decision making process. There's no standards at all. None.
There are, and might be if you're before for the Zoning Board, and you make an application for a
variance, and State law, there are standards under hardship and all that stuff. There are no
standards here. Therefore.... and not only that, it says that the uses of words, a changing use, and
I quote that, are subject to review on a case by case basis. Now what's a change in use? That's
not defined. Would it be, for example in Gutchess, moving a big 50-ton hanger from one side of
the building to another side of the building, or from one side of the property to another side of
the property? It's simply not defined and is left up to the Code Enforcement Officer to define it,
which I don't think is proper. Um ... the ... um... In addition to that, these uses that are called
restricted uses, and not as the memorandum of ... there's some stuff that John points out... um...
prohibited uses. Nothing is prohibited. The restricted uses are the listed uses in that Appendix
A, which lists all this. Which among other things lists exactly what Gutchess does, which is
make lumber and plane lumber called planc plane.... If Bruce makes a decision on whether to
accept or reject an application, or when you make a decision, I am restricted to those uses.
Because it says anything else you might be. It says you're not limited. Bruce is not limited to
the list of things in exhibit, or Appendix A. It can be anything. It is absolutely standardless.
There is no standard at all, and I think.there should be.
And lastly, you just passed your Aquifer Protection Plan, what two, three years ago, or
not very long ago. Why really is this required? Why can't, if you feel additional protections are
necessary, why can't the ordinance you enacted a couple of years ago be revised to protect water.
Thank you.
Supervisor Thorpe: Sir.
Thomas Carmen (Chairman of JM Murray Center): Good evening, my name is Tom
Carmen.... Chairman of the Murray Center, and earlier today Roy Susskind, the President, and
I....a letter.... I will hand it to you this evening. I am not going to read the letter to you for the
interest of time, but I do want to note that the staff and the Board of the Murray Center do and
are concerned with the Ordinance as it's written. I think the basic concern is that it does lack
standards as it was noted, and though it does have definitions of what would be acceptable and
what would be allowed. And that we really encourage you to take a look at the letter I will hand
to you as I leave this evening, because we do outline some of the concerns as we operate the
Murray Center here in Cortland. Thank you very much.
Supervisor Thorpe: All right. Thank you. Yes.
Joseph Puzo (Vice President/General Manager of Pall Trinity Micro): Good evening, my
name is Joe Puzo. I am the Vice President/General Manager for Pall Trinity Micro. As you
know, PTM has established a manufacturing presence in Cortland back in 1961. And, our focus
has always been to conduct business in an environmentally responsible manner and in
compliance with all local, state, and federal laws. In the spirit of trying to work with the Town,
we have spent a great deal of time reviewing the Ordinance in detail and have had at least five
separate meetings with the Town Attorney to communicate our concerns. We're somewhat
disappointed as the Ordinance stands today, that only one piece has been recognized and that has
some, centered around some changes in the snow -plow language.
PTM strongly opposes the Ordinance in its current form and we are disappointed again
that the Town did not evaluate our comments with a proactive intent that they were
communicated in, or to come up with a workable solution for both the business community and
to protect the Aquifer. Specifically, those sections in the Ordinance that we feel are not
adequately defined and are vague, that are ones that seem impossible to enforce are the following
but not limited to Article 179-7; 179-8; 179-12; and 179 Appendix A. PTM's conclusion is that
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the Ordinance in its current form creates a complicated unenforceable bureaucracy. Provides too
much discretionary, as some of my other colleagues have mentioned, in the decision -making
process to the Code Enforcement Officer without a tangible, technical foundation, or boundaries
to make decisions around. The Ordinance creates a vague change in use decision -making
process also, which is virtually impossible for us to conduct business in a timely and efficient
manner. As one of the largest taxpayers in the Town of Cortlandville, we were disappointed as
to how the taxpayer money has been spent to create an unmanageable, unenforceable, vague,
bureaucratic ordinance that reduces the speed of which we can respond and do business in the
market place.
Our position today is that minor revisions to the current Ordinance will not be sufficient
to achieve a workable solution moving forward. It is evident to us that we need to start fresh and
we need to begin a creation of a new ordinance. We recommend that the Town stop spending
taxpayer's money in this process and propose that the Town start to benchmark other towns or
communities where they already have a workable Wellhead Protection Ordinance that supports
the business community and protects the Aquifer.
- PTM cannot accept the Ordinance in its current form, and if its continued to move
forward in this manner, we will be forced to take a strong stance against it. We will follow up
with a letter to the Town as you requested within the time frame.
Thank you.
Supervisor Thorpe: Thank you. Anyone else? Sir.
Michael Chernago (General Manager, SCWP, LLC. — Indacom Place): Thank you Ray for
the privilege of the floor. Michael Chernago, General Manager at SCWP, Indacom Place. I
think that what the Board will hear and read is a common thread throughout this entire Ordinance
and that is the vagueness of it, the stoop restrictions of it, and the unenforceable process by
which this is being developed. As you may or may not know, by way of background on the
original plan that came out in 2002, it wasn't a workable document at that time. It was
recognized at that by John Folmer, and he had the ability to request some local business people
to get involved with him to rewrite this that would make it a win -win situation. There is no one
that I have talked to with any business that is opposed to protecting the water or the Wellhead
Protection Plan. It's how it's put together.
So we have spent, as Joe Puzo said, many hours trying to reword this thing to make it a
workable document for all of us. The shock of this document that came out two weeks ago,
instead of getting better it got tighter. More restrictions. Another layer of review from an
individual now new committee which was.....
To my knowledge there isn't any business industry within the district that could use this
document and perform their functions as a business the way it's written. It seems very obvious
that we need to not do some wordsmithing on this, because that's not going to solve the problem.
Really and truly, we need to take the document, set it aside, start new, and work together as a
team, both from the Town Board and business people. Because it's obvious that our engineering
firm may be trying to put together a program that can be very tight spec, but they do not
understand how businesses work. And this particular document, no one could function with it.
We would literally have to stop and wait for these special permits to go through all these
bureaucratic cycles.
So, our recommendation is unified, I think, from all of the district people that are here
tonight, business people, that we want to work together. We want a document that will work.
But, we need to work together to do it, and wordsmithing this thing doesn't work. We tried that.
It failed. And it wasn't obviously John's fault that it failed. Somehow, the documents that we
put together that got to the engineering firm, really, I don't know what happened, and that's
another story. There's no sense in spending time criticizing on it at this point. What we need to
do is work together, lay this aside, and form a committee. Or, get some Wellhead Protection
within the State that is a very workable document. They're all over the State. Other
communities have them, other municipalities. Use that as a baseline and move forward.
Thank you for the floor.
Supervisor Thorpe: Thanks Mike. Anyone else? Yes.
Ginny Space (597 McLean Road): Ginny Space.... Town of Cortlandville... and the thing that
we don't like is not being able to spread manure or fertilizer if you haven't been in business or
operations for six months. Right now, my parents are trying to rent their place, and it hasn't
been worked on - hasn't been spread fertilizer on it for a year. So it kinda defeats the purpose of
trying to keep operating a farm and not allowed to be able to still, ah.... which Ag & Markets
supposedly you can't put more regulations over what Ag. & Markets already has in place for us.
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PUBLIC HEARING NO. 2
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Supervisor Thorpe: Thank you. Anyone else? Yeah.
Garry VanGorder (Executive Director, Cortland County Chamber of Commerce): Garry
VanGorder, Chamber of Commerce. First I want to thank the Town Attorney for his
recommendation that you table this and consider all the comments you are hearing this evening
and also those that are going to be submitted to you later. It is very important, obviously, to the
business community in Cortland County that you do that. I am not here to talk about the
Wellhead Protection Plan. That is not what I do. But I think it's imperative that the Town Board
consider these concerns very carefully because this does impact jobs, this does impact growth in
our community. And, I appreciate you....
Supervisor Thorpe: Anyone else?
Arnold Talentino (English Professor at SUNY Cortland, City of Cortland resident, 38 Van
Hoesen Street): Hello, my name is Arnold Talentino and I am a resident of Cortland and I have
been concerned with our Aquifer protection for some years. In fact I followed Clough Harbour
over the course of their presentations and that sort of thing. And although I recognize the
problems that the business community might have with the recommendations in this particular
document, nonetheless, I don't want the Town to forget that tens of thousands of their dollars
were spent with Clough Harbour in order to find out the best possible means of protecting the
Aquifer. And although the document probably does need changing, nonetheless I don't think it
should be forgotten when the committee, or whoever gets to work on changing it does do that.
That is Clough Harbour came up with the best, based on their engineering experience, came up
with the best possible recommendations. And I think we should never forget the fact that our
water supply is crucial to whatever prosperity we have here in this area, and to simply negate the
best suggestions for protecting it would be a silly thing to do.
Supervisor Thorpe: Thank you. Anyone else? In the back of the room, yes.
Mark Costich (Costich Engineering, Rochester, NY): My name is Mark Costich, Costich
Engineering. I just want to.... the concern for standards as a civil engineer that would be
potentially appearing in application for the Code Enforcement Officer to review. As I go
through the requirements, the core requirements of 179-12 (1)(B), the vagueness of them would
lead me to say, what are they doing? It talks about impervious increase, location and amount of
impervious surfaces, but it doesn't have any standard to be addressed. So as an engineer I would
be left wondering what I am exactly supposed to present....
Supervisor Thorpe: Thank you sir. Anyone else? Don't give up now! Come on. I think you
know what the procedure's gonna be from now on, but we'll welcome your comments. Don't
leave us in the dark. This is the reason we have a public hearing.
Councilman Rocco: Can you hear us back there Pete?
Attorney Folmer: Carl is nodding yes.
Supervisor Thorpe: Anyone else?
Attorney Russell Ruthig (Counsel for Wal-Mart): I don't mean to be redundant. I'm Russell
Ruthig, here on behalf of Wal-Mart. But the concern that really hasn't been highlighted here
tonight is the incredible length of time that it will take to attempt to comply with this Ordinance.
If you look at the time period within which Bruce Weber, or whoever sits in that job would have
to consider an application for anything, some change in an industrial process or some change in a
manufacturing technique, or chemical use, or fertilizers to be spread. And then he has forty-five
days to make a determination as to whether or not he feels there is a potential threat. And then
you tack on the sixty days that the Town Board has and the requirement that Bruce imposed
arbitrarily to require a full -phase SEQR-1 before it even comes to the Town Board. You're
looking at processes here that could take half a year in order to reach your board for vote. And
that's just gonna stop everything in this Town. And that's the kind of administrative burden that
this Ordinance is really laying on us, and should be a primary factor as you go through and try to
craft something different. And say how can we do this much more quickly, much more user
friendly so that these industries are not at your door every meeting to try to get these routine
applications approved. Thank you.
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PUBLIC HEARING NO. 2
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Supervisor Thorpe: Thank you Russ. Anyone else?
Attorney Folmer: Somebody way in the back.
Supervisor Thorpe: Way in the, way in the anti -room. Someone? Yes.
Scott Steve (Chairman, Cortland County Legislature): Scott Steve, Cortland County
Chairman of the Legislature....
Supervisor Thorpe: Would you step forward? Only the press can hear you now.
Scott Steve: I just feel like, ah, at this point I would like to say a couple things. Some of these
things concern me as far as some of the businesses that are gonna try to get into our
community.... can inhibit that from happening quickly. So, I think we need to look at that. And
I think a series of compromises can happen so that they care about the Aquifer as well. Water is
one of the best things that our County has and we don't want to lose that as well. But, I think
there could be compromises and think there could be good solutions, but I really think we need
to evaluate all of them and really look at the timeline behind everything that we can. Sometimes
we have limited days that we can get businesses to be attracted. We work hard with our
IDA/BDC.... Cortlandville is one of our greatest expansion.... most of the property there....
probably our largest tax base as we know it. We probably want to get more of the tax money. It
would be in the best interest of the County if we kept an open mind and tried to work out an
equal plan.
Supervisor Thorpe: Thank you.
Attorney Mike Shafer (Riehlman, Shafer & Shafer, counsel for SCWP, LLC. and Bestway
Enterprises): Mr. Thorpe, one last comment I would like to make on behalf of SCWP and
Bestway, one of the things that we discussed with the Planning Board during the discussion of
the Zoning Ordinance, was the concept of transferability of development rights, especially when
it comes to the question of impervious soil, or excuse me impervious surfaces. And I know that
in the Clough Harbour, the original document on land use recommendations, that was one of the
key components that they felt should be incorporated into any future planning documents. I
don't, and I may have overlooked it, I don't find that concept contained in this document and it
certainly is something that should be looked at. I can think of one project that we're looking at
right now for a client that would involve a proposed transfer of green space from one lot to
another to meet some of the impervious coverage requirements that would fit into this type of
ordinance. We hope you look at that too.
Supervisor Thorpe: Thanks Mike. Anyone else? Well, as the auctioneer says, going, going.
Almost gone without rankor then. With your permission I'll ask for a motion to close the public
hearing.
Attorney Folmer: Wait. I want to say one thing.
Supervisor Thorpe: Yep, I'm sorry. Go ahead.
Attorney Folmer: I want to say one thing. With all due respect to the gentleman from PTM.
Man in Audience: John, can you speak up?
Attorney Folmer: Yeah. With all due respect to the gentleman from PTM, I want to
acknowledge the fact that we spent several meetings with Les Sandman and with Mike Chemago
to try and fine-tune this and it was their I think strong effort on behalf of the business community
in general with me, to suggest that we move the list of uses from prohibited to at least restricted.
And admittedly guys, what we did was wordsmith. I will agree with that. But, I don't want this
public hearing to close without acknowledging that a great deal of time was spent by Les and by
Mike to work with this. I also want to acknowledge that I would take this with some degree of
disagreement. The concept that when the suggestions that Les and Mike gave to me were
reviewed by Clough Harbour that they were just not paid attention to or disregarded. I think
many of the changes, although they may have been wording changes, were the result of those
meetings. It would be unfair for me not to acknowledge the time that these two gentleman spent,
and the time that Clough Harbour has spent to try and work with the various suggestions that
were made. And I don't want the record to go without having that said.
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MARCH 03, 2004 PUBLIC HEARING NO. 2 PAGE 7
Supervisor Thorpe: Would members of the Board care to comment before I ask for you to
close the public hearing.
Councilman Testa: Yeah. I'm glad you all came. We understand you. Thank you.
Supervisor Thorpe: Could I have a motion then to close the public hearing?
Councilman Pilato: So moved.
Councilman O'Donnell: Second.
Supervisor Thorpe: All in favor.
Councilman Testa, Councilman Rocco, Councilman Pilato, Councilman O'Donnell: Aye
Supervisor Thorpe: Carried.
The Public Hearing was closed at 7:40 p.m.
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MARCH 03, 2004
7:40 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, Walt Kalena, and Michael Alexander of Clough,
Harbour & Associates; Planning Board member, James Bugh; Ann Hotchkin of Thoma
Development Consultants; Mark S. Ingianni from Borg Warner; Joseph Puzo, Plant Manager of
Pall Trinity Micro Corp.; Roy Susskind, President of JM Murray Center, Inc.; John S. Nadolski,
Vice Chairman of JM Murray Center; Bud Ames, Treasurer of JM Murray Center; Thomas
Carmen, Chairman of JM Murray Center; Paul Suits of Suit-Kote Corp.; Mark Costich of
Costich Engineering, Rochester, NY; Michael Chernago representing SCWP, LLC and Bestway
Enterprises; Les Sandman of Pall Trinity Micro Corp.; Attorney Russell Ruthig, respresenting
Super Wal-Mart; Garry VanGorder, Executive Director of the Cortland County Chamber of
Commerce; Scott Steve, Chairman of the Cortland County Legislature; David McNeil of McNeil
Development; Attorney Edward Hoffman, representing Gutchess Lumber; Douglas Withey of
the Cortland Water Board; News Reporter, Nicole Flatow of the Cortland Standard; Patricia
Wood; Lydia Ferro; Connie Mack; Arnold Talentino; Ginny Space; Chris Cirmo; Jonas
Rodriguez; David Crandall; Jan Thomson; and Sarah Waller.
Supervisor Thorpe called the meeting to order and immediately introduced item G-2.
Attorney Folmer requested the Board make a motion to table action on Local Law No. 1
of 2004 — Wellhead Protection Ordinance, as well as to set the date of March 12th, 2004 as the
final day to submit written comments to the Board.
RESOLUTION #54 TABLE LOCAL LAW NO. 1 OF 2004 —
WELLHEAD PROTECTION ORDINANCE
Motion by Councilman O'Donnell
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby table any action on Local Law No. 1 of 2004 —
Wellhead Protection Plan, until March 17, 2004, and it is further
RESOLVED, comments regarding the Wellhead Protection Ordinance must be received by
March 12, 2004, and it is further
RESOLVED, the following correspondence is hereby received and filed: James Yaman, dated
March 1, 2004; Bond, Schoeneck & King, PLLC, dated March 3, 2004; Riehlman, Shafter &
Shafer, dated March 3, 2004; J.M. Murray Center Inc., dated March 3, 2004; and Clough,
Harbour & Associates.
Councilman O'Donnell made a motion, seconded by Councilman Pilato, to receive and file
the Planning Board Minutes of December 30, 2003. All voting aye, the motion was carried.
Councilman O'Donnell made a motion, seconded by Councilman Pilato, to receive and file
the Planning Board Minutes of January 27, 2004. All voting aye, the motion was carried.
Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and file
the Planning Board Minutes of February 4, 2004. All voting aye, the motion was carried.
Councilman O'Donnell made a motion, seconded by Councilman Rocco, to receive and file
the Zoning Board of Appeals Minutes of January 27, 2004. All voting aye, the motion was carried.
9 z.
MARCH 03, 2004 TOWN BOARD MEETING PAGE 2
RESOLUTION #55 AUTHORIZE PAYMENT OF VOUCHERS — MARCH
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 #107 - 142
$
79,492.29
General Fund B
B17 - B22
$
13,644.88
Highway Fund DB
D68 - D83
$
33,361.87
Water Fund
W32 - W45
$
13,713.51
Sewer Fund
S18 - S20
$
2,070.56
Capital Projects
H6 - H6
$
8,424.84
Monthly reports for the Town Justice for the month of January 2004, and the Tax
Collector and Town Clerk for the month of February 2004, are on the table for review and filed
in the Town Clerk's office.
Supervisor Thorpe offered privilege of the floor to those in attendance.
Councilman O'Donnell apprised the Board he accepted the invitation to the Cortland Free
Library this past Sunday, Febrary 29, 2004. The library's Board of Directors were in attendance
and gave the guests a complete tour of the library. He appreciated the invitation and was pleased
with the program.
RESOLUTION 956 AUTHORIZE SUPERVISOR TO SIGN APPLICATION TO
NEW YORK STATE FOR FUNDING UNDER THE FEDERAL
SMALL CITIES COMMUNITY DEVELOPMENT PROGRAM
FOR THE BLODGETT MILLS AREA
Motion By Councilman Testa
Seconded by Councilman O'Donnell
VOTES: ALL AYE ADOPTED
WHEREAS, the Town Board of the Town of Cortlandville requested from Thoma Development
Consultants assistance in regards to the Blodgett Mills area for the rehabilitation of housing for
that area, and
WHEREAS, Public Hearings were duly held on November 19, 2003 and March 3, 2004 by this
Town Board, and
WHEREAS, the Town Board believes it would be in the best interest of the town to make
application to the State for grant monies to assist the Blodgett Mills area, therefore
BE IT RESOLVED, the Supervisor is hereby authorized and directed to file an application to
New York State for funding under the federal Small Cities Community Development Program in
an amount not to exceed $400,000, and it is further
RESOLVED, the Supervisor is hereby authorized and directed to sign said application on behalf
of the Town, and upon approval of said request to enter into and execute a project agreement
with the State for such financial assistance to this Town.
Attorney Folmer reported:
Rezoning Amendment Draft:
Attorney Folmer commented on the series of meetings held by the Town Planning Board
concerning the Rezoning Amendment, which according to him were excellent meetings on
behalf of both the public and the engineering staff. He stated the "real star" of the meetings was
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MARCH 03, 2004 TOWN BOARD MEETING PAGE 3
CEO Bruce Weber, who exhibited knowledge "in and out" of the zoning ordinance itself, as well
as an ability to express those concerns clearly. Attorney Folmer was very pleased with CEO
Weber's performance during the meetings and felt the general public would also agree.
Attorney Folmer reminded the Board they initially requested the Planning Board make
recommendations as to the content of the Zoning Ordinance, which has been done. He
questioned whether the Board would like Clough, Harbour & Associates and himself to prepare a
revised proposed ordinance based on what the Committee did, modified by the recommendations
made by the Planning Board. The Board would then be able to review what the Planning Board
and the Committee jointly put together. Another option would be to present two separate
documents to the Board showing what the recommendations are.
Supervisor Thorpe and Councilman O'Donnell both felt the proposed ordinance should
be comprehensible and understood by the Board and the general public. The Board agreed the
recommendations should be incorporated into a revised draft.
Attorney Folmer stated changes could be made based on the Town and County Planning
Board recommendations. He apprised the Board that members of the Planning Board were very
concerned that the Board make a good review of the ordinance. According to Attorney Folmer,
there is one recommendation that Planning Board member James Bugh would like to talk to the
Board about at the future public hearing.
Bond Anticipation Note:
Attorney Folmer requested the Board adopt a resolution authorizing the Supervisor and
the Town Clerk to sign a Bond Anticipation Note in the amount of $425,000, which renews the
BAN for the construction of the municipal building. The BAN will be renewed with Tompkins
Trust Company who holds the original note. The interest rate committed is 1.34%. The Town
would also be making an interest payment of $8,000+/- as well as a $50,000 payment on
principle. The interest payment is less than what the Board anticipated which was beneficial to
the Town.
RESOLUTION #57 AUTHORIZE SUPERVISOR AND TOWN CLERK TO SIGN
BOND ANTICIPATION NOTE RENEWAL WITH TOMPKINS
TRUST COMPANY IN THE AMOUNT OF $425,000
Motion by Councilman Rocco
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
WHEREAS, a Bond Anticipation Note (BAN) for the Municipal Building is due to expire on
March 5, 2004 and must be renewed, and
WHEREAS, the Board determined it would renew the BAN in the amount of $425,000 with
Tompkins Trust Company of Cortland, New York which is the bank that holds the original note,
therefore
BE IT RESOLVED, the Board does hereby authorize and direct the Town Clerk and the
Supervisor to sign and renew the BAN for the Municipal Building with Tompkins Trust
Company in the amount of $425,000, with an interest rate of 1.34%.
Councilman O'Donnell reminded the Board that at the last meeting, Town Engineer
Hayne Smith informed the Board he was sending correspondence to involved property owners
regarding the status of the Highland Road Sewer Improvement project. At that time, Engineer
Smith stated he would forward a copy of the correspondence to the Board. Councilman
O'Donnell questioned whether the Board received the correspondence.
Supervisor Thorpe apprised Councilman O'Donnell the correspondence from Engineer
Smith was not an official item on the agenda, but was included in their packets for information
only.
Councilman Rocco made a motion, seconded by Councilman Testa, to receive and file
correspondence from Andrea Rankin regarding the Aquifer. All voting aye, the motion was
carried.
MARCH 03, 2004 TOWN BOARD MEETING PAGE 4
Councilman Rocco made a motion, seconded by Councilman Testa, to receive and file
correspondence from Ruth Grumberg regarding the proposed Super Wal-Mart. All voting aye,
the motion was carried.
Councilman Rocco made a motion, seconded by Councilman O'Donnell, to receive and
file correspondence from John Sidd of Riehlman, Shafer & Shafer Attorneys, regarding the
termination of the Lease Agreement between the Cortland County Industrial Development
Agency (IDA) and BMC Industries, Inc. All voting aye, the motion was carried.
Councilman Rocco questioned Attorney Folmer if he knew the owner of BMC Industries.
Attorney Folmer stated he did not know who the owner was, but would investigate and
report back.
Town Clerk Snyder apprised the Board the Cortland County IDA owns BMC's vacant
parcel located in the Town, but was not certain the IDA owned the facility located in the City.
RESOLUTION #58 DECLARE THE MONTH OF APRIL AS FAIR HOUSING
MONTH IN THE TOWN OF CORTLANDVILLE
Motion by Councilman O'Donnell
Seconded by Councilman Pilato
VOTES: ALL AYE ADOPTED
WHEREAS, in accordance with the Title VIII Fair Housing Policy of the Civil Rights Act of
1968 and the Fair Housing Amendments Act of 1988, and
WHEREAS, the month of April 2004 has been designated by the US Department of Housing and
Urban Development's Office of Fair Housing and Equal Opportunity as Fair Housing Month,
now therefore
BE IT RESOLVED, that the Town Board of the Town of Cortlandville hereby declares and
proclaims April as Fair Housing Month in the Town.
RESOLUTION #59 AUTHORIZE SUPERVISOR TO TRANSFER $10,000 FROM
THE SEWER SURPLUS FUND TO THE CAPITAL PROJECT
SEWER ACCOUNT
Motion by Councilman Testa
Seconded by Councilman Rocco
VOTES: ALL AYE ADOPTED
WHEREAS, the bookkeeper has requested a cash advance be transferred from the Sewer Surplus
Fund to the Capital Project Sewer Account for the Highland Road Sewer Improvement Project,
therefore
BE IT RESOLVED, the Supervisor is hereby authorized and directed to transfer $10,000 from
the Sewer Surplus Fund to the Capital Project Sewer Account, and it is further
RESOLVED, the Town Sewer Surplus Fund will be reimbursed when the project is bonded.
Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and
file correspondence from BMC Precision Eforming, LLC regarding the Cortland County
Planning Board's questions regarding the Aquifer Protection Permit submitted by Doug Ondrak.
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MARCH 03, 2004 TOWN BOARD MEETING PAGE 5
CIS
RESOLUTION #60 REFER AQUIFER PROTECTION PERMIT APPLICATION OF
DR. MICHAEL J. FALLON TO THE TOWN AND COUNTY
PLANNING BOARDS FOR THEIR REVIEW AND
RECOMMENDATIONS
Motion by Councilman Rocco
Seconded by Councilman O'Donnell
VOTES: ALL AYE APPROVED
BE IT RESOLVED, the Aquifer Protection Permit application submitted by Dr. Michael J.
Fallon for property located on Commons Avenue, tax map #86.09-04-12.000, shall be referred to
the Town and County Planning Boards for their review and recommendations.
Councilman Testa made a motion, seconded by Councilman Rocco, to adjourn the
Regular Meeting. All voting aye, the motion was carried.
The meeting was adjourned at 7:55 p.m.
1
1
Respectfully submitted,
v' v
Karen Q. Snyder
Town Clerk
Town of Cortlandville