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APRIL 07, 2004
7:00 P.M.
PUBLIC HEARING NO. 1
AQUIFER PROTECTION PERMIT
DOUGLASONDRAK
839 NYS ROUTE 13
TAX MAP #95.00-06-12.111
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
application permitting the modification of approximately 7,000 sq. ft. of the former Smith
Corona building to accommodate an electroforming manufacturing operation and related office
area, located at 839 NYS Route 13 in the Town of Cortlandville, tax map #95.00-06-12.111.
Members present:
Absent:
Supervisor, Raymond Thorpe
Councilman, Theodore Testa
Councilman, Edwin O'Donnell
Town Clerk, Karen Q. Snyder
Councilman, Ronal Rocco
Councilman, John Pilato
Others present were: Town Attorney, John Folmer; Highway Sup't. Carl Bush; Water &
Sewer Sup't. Peter Alteri; James Trasher of Clough, Harbour & Associates; Planning Board
member, James Bugh; Douglas Ondrak; and Reporter, Nicole Flatow of the Cortland Standard.
Supervisor Thorpe called the Public Hearing to order.
Town Clerk, Karen Snyder, read aloud the published, posted and filed legal notice.
Supervisor Thorpe offered privilege of the floor to those in attendance.
Councilman O'Donnell questioned whether the Town or County Planning Boards had
any concerns regarding the application.
Attorney Folmer apprised the Board that both the Town and County Planning Boards
recommended approval of the Aquifer Protection Permit application contingent upon four
recommendations. If the Board chose to approve the permit, Attorney Folmer recommended
they do so subject to the conditions set forth by the Town and County Planning Boards.
Attorney Folmer informed the Board the recommendations included that there not be
floor drains in the manufacturing area, that a more detailed chemical storage and containment
plan be submitted, and whether any materials being used require reporting to regulatory
agencies.
Douglas Ondrak apprised the Board that the conditions were met.
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 7:10 p.m.
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APRIL 07, 2004
7:10 P.M.
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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:
Absent:
Supervisor, Raymond Thorpe
Councilman, Theodore Testa
Councilman, Edwin O'Donnell
Town Clerk, Karen Q. Snyder
Councilman, Ronal Rocco
Councilman, John Pilato
Others present were: Town Attorney, John Folmer; Highway Sup't. Carl Bush; Water &
Sewer Sup't. Peter Alteri; James Trasher of Clough, Harbour & Associates; Planning Board
member, James Bugh; Douglas Ondrak; and 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 approve the
Town Board Minutes of November 05, 2003 as written. All voting aye, the motion was carried.
Councilman Testa made a motion, seconded by Councilman O'Donnell, to approve the
Town Board Minutes of November 19, 2003 as written. All voting aye, the motion was carried.
Councilman O'Donnell made a motion, seconded by Councilman Testa, to approve the
Town Board Minutes of February 04, 2004 as written. All voting aye, the motion was carried.
Councilman O'Donnell made a motion, seconded by Councilman Testa, to approve the
Town Board Minutes of March 03, 2004 as written. 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 18, 2004. All voting aye, the motion was carried.
RESOLUTION 469 AUTHORIZE PAYMENT OF VOUCHERS - APRIL
Motion by Councilman O'Donnell
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the vouchers submitted have been audited and shall be paid as follows:
General Fund A
Vouchers #196 - 229
$
23,669.33
General Fund B
B25 - B33
$
14,381.05
Highway Fund DB
D105 - D125
$
17,350.12
Water Fund
W57 - W68
$
2,930.06
Sewer Fund
S25 - S27
$
1,386.32
Capital Projects
H12 - H13
$
47.75
Supervisor Thorpe offered privilege of the floor to those in attendance.
Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and
file the 2nd Quarter Water & Sewer Report. All voting aye, the motion was carried.
Monthly reports for the Supervisor and Tax Collector for the month of March 2004, and
for the SPCA for the months of January and February 2004, are on the table for review and filed
in the Town Clerk's office.
APRIL 07, 2004 TOWN BOARD MEETING PAGE 2
Attorney Folmer and the Board reviewed the SEQR Short Environmental Assessment
Form for the Aquifer Protection Permit application submitted by Douglas Ondrak.
RESOLUTION #70 DECLARE NEGATIVE IMPACT FOR AQUIFER
PROTECTION PERMIT #2 OF 2004 SUBMITTED BY
DOUGLAS ONDRAK FOR PROPERTY LOCATED AT 839
NYS ROUTE 13
Motion by Councilman O'Donnell
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
WHEREAS, an Aquifer Protection Permit application was submitted by Douglas Ondrak for
property located at 839 NYS Route 13, the former Smith Corona building, owned by SCWP,
LLC., permitting the modification of approximately 7,000 sq. ft. to accommodate an
electroforming manufacturing operation and related office area, tax map 495.00-06-12.111, and
WHEREAS, the Town Board as Lead Agent, duly reviewed and completed the Short
Environmental Assessment Form, therefore
BE IT RESOLVED, the Town Board as Lead Agent, does hereby declare the proposed project of
Douglas Ondrak, Aquifer Protection Permit 42 of 2004, shall have no significant environmental
impact.
RESOLUTION #71 AUTHORIZE SUPERVISOR TO SIGN SEQRA APPLICATION
OF AQUIFER PROTECTION PERMIT #2 OF 2004
Motion by Councilman O'Donnell
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 #2 of 2004, submitted by Douglas Ondrak.
RESOLUTION #72 APPROVE AQUIFER PROTECTION PERMIT #2 OF 2004
SUBMITTED BY DOUGLAS ONDRAK FOR PROPERTY
LOCATED AT 839 NYS ROUTE 13 SUBJECT TO
CONDITIONS
Motion by Councilman O'Donnell
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 #2 of 2004,
submitted by Douglas Ondrak for property located at 839 NYS Route 13, the former Smith
Corona building, owned by SCWP, LLC., permitting the modification of approximately 7,000
sq. ft. to accommodate an electroforming manufacturing operation and related office area, tax
map #95.00-06-12.111, subject to the following conditions:
1) That there are no floor drains in the manufacturing area and if they already exist, the
floor drains should be sealed.
2) A more detailed chemical storage and containment plan being submitted which
would include the following:
a. a floor plan showing the containment area(s) for hazardous waste storage.
b. operation needs and response to spills
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APRIL 07, 2004
TOWN BOARD MEETING
PAGE 3
c. the plan should be a working document useful to employees handling the
materials.
3) The following questions being addressed:
a. Do any materials being used require reporting to regulatory agencies,
particularly. the Local Emergency Planning Committee? This will depend on
the material and quantity.
b. Does the mandrel cleaning process produce wastewater requiring pretreatment
prior to discharge?
c. Does the process have any air discharge or vapors of concern?
d. How will the facility be isolated from other building uses?
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 apprised the Board she was notified by certified mail that both
Doug's Fish Fry and Walden Oaks Country Club were in the process of renewing their NYS
Liquor Licenses.
Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and
file correspondence from Bruench Incorporated, dba Doug's Fish Fry, located at 3638 NYS
Route 281, and from Walden Oaks Country Club, located at 3369 Walden Oaks Blvd.,
concerning the renewal of their NYS Liquor Licenses. All voting aye, the motion was carried.
Attorney Folmer reported:
Zoning Text Amendment and Wellhead Protection Ordinance:
Attorney Folmer apprised the Board he put the Wellhead Protection Ordinance on the
"backburner" to allow the Board to decide what it would do regarding the Zoning Text
Amendment. The Board may be able to incorporate appropriate Wellhead Protection efforts into
the Zoning Text Amendment when the Board reviews it.
Part of the recommendations made by the Town Planning Board would by submitted to
the Board in draft form for their initial review by April 21", 2004. The Planning Board would
also receive a copy for their review to ensure that their recommendations were correctly
incorporated into the Zoning Text Amendment.
Attorney Folmer commented that the Planning Board has done an outstanding job of
reviewing the Town's Zoning Ordinance. On one end of the spectrum the industrial community
does not want any change to the Zoning Ordinance. On the other end, there is another group of
people who could be characterized as overprotective of the Aquifer and would like changes
made. Attorney Folmer stated the trick would be to find someplace in the middle where the
Town could provide adequate protection now and in the future and still recognize and encourage
development along the corridor.
Firework Ordinance Proposal:
Attorney Folmer apprised the Board he was approached by Cortland County Sheriff, Lee
Price regarding complaints concerning possession and use of fireworks in the Town. Sheriff
Price provided him with a copy of an ordinance from the Department of Labor regarding
transportation and possession of explosives. Attorney Folmer stated he would review the
ordinance and determine how much of it could be incorporated into an ordinance for the Town.
Cortland Sports Complex:
Attorney Folmer apprised the Board that on March 17th, 2004 Linda Hartsock, Executive
Director of the Industrial Development Agency, submitted the grant proposal on behalf of the
Town for the Cortland Sports Complex, which was due sometime in April. The correction to the
appropriate designation, being the Town of Cortlandville as opposed to the City of Cortland was
accomplished.
Renaissance Drainage:
Attorney Folmer apprised the Board that he and James Trasher of Clough, Harbour &
Associates would meet with Dr. Morris on April 23, 2004 prior to the Board meeting to address
his concerns regarding drainage in the Renaissance development.
APRIL 07, 2004
TOWN BOARD MEETING
PAGE 4
Cortlandville Starr Road Park & Recreation Center:
Attorney Folmer apprised the Board he spoke with Ron Barrows of the Barrows Group,
who questioned whether the Town has the authority to receive a gift. Mr. Barrows was
concerned with the fact that people would be soliciting funds to be donated to the Town to be
used for the Cortlandville Starr Road Park & Recreation Center. Mr. Barrows' primary concern
was the regulatory agencies that he has to report to as he undertakes the concerns.
Attorney Folmer apprised the Baord that Town Bookkeeper, Marcia Hicks felt there was
a problem with the Town receiving a gift. Attorney Folmer stated he quickly reviewed Section
64 Subdivision 8 of the Town Law, which reads that the Town may take by "gift, grant, bequest,
or devise, and hold real and personal property absolutely or in trust for parks or gardens, or for
the erection of statutes, monuments, etc., and to provide for the proper administration of the
same." Attorney Folmer stated the statutory authority is there. He gave the citation to Mr.
Barrows and referred him to a 1981 Opinion of the State Comptroller that was consistent with
the citation.
Water Quality Ordinance:
Attorney Folmer apprised the Board that Water & Sewer Sup't., Peter Alteri, Jr. drafted a
proposal to be enacted concerning water quality, which was submitted to both himself and
Supervisor Thorpe. Attorney Folmer had not yet reviewed the proposal but stated he would do
SO.
Highland Road Sewer Improvement Project:
Attorney Folmer apprised the Board that Town Engineer, Hayne Smith obtained most of
the necessary easements for the Highland Road Sewer Improvement Project, one of which he
anticipated having problems with. Attorney Folmer stated he also resolved an issue with a
property owner regarding obtaining an easement.
Attorney Folmer informed the Board he asked Engineer Smith about financing for the
project. Town Clerk Snyder would provide Engineer Smith with information, which he would
forward to the State. The State may give the Town interest free, interim funding for the project.
Vehicle Traffic Section Amendments to Town Street and Highway Ordinance:
Attorney Folmer apprised the Board that Highway Sup't., Carl Bush requested he draft an
amendment to the Vehicle and Traffic Section of the Town Street and Highway Ordinance.
Attorney Folmer stated he would draft the amendment and present it to the Board for
consideration in May 2004.
Attorney folmer stated he was also asked to make an amendment to the Notice provisions
regarding liability for cases regarding Notice of Claim and Letters of Defects. He stated he
would review the provisions and determine whether or not they are applicable to the Town's
situation.
Unrecorded Water and Sewer Easements to the Town from 1980's and 1990's:
Attorney Folmer apprised the Board that with the help of Town Clerk Snyder and Deputy
Town Clerk, Kristin Rocco, he managed to record with the County Clerk almost all of the unfiled
water and sewer easements from the 1980's and 1990's for water and sewer projects. One of the
easements still lingering concerns William Porter and his property located on NYS Route 222,
which would be resolved when Mr. Porter returns from vacation in May.
Councilman Testa questioned Attorney Folmer whether one of the problems with
obtaining easements for the Highland Road Sewer Improvement Project involved Eckerd Drugs.
He informed Attorney Folmer that Engineer Smith was having a problem contacting the owner
of Eckerd Drugs regarding the necessary easement.
Attorney Folmer stated he would contact Engineer Smith regarding the issue since he was
not aware of a problem concerning Eckerd Drugs.
Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and
file the Cortland County Planning Board Resolution #04-2 regarding the Aquifer Protection
Permit application of Douglas Ondrak, for property located on NYS Route 13, former SCM
Building, tax map #95.00-06-12.111. All voting aye, the motion was carried.
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APRIL 07, 2004 TOWN BOARD MEETING PAGE 5
Councilman Testa made a motion, seconded by Councilman O'Donnell, to receive and
file the Cortland County Planning Board Resolution #04-9 regarding the Aquifer Protection
Permit application of Michael Fallon, MD, PC, for property located at 1108 Commons Avenue,
tax map #86.09-04-12.000. All voting aye, the motion was carried.
Attorney Folmer apprised the Board he did not believe the Town Planning Board had
completed their end of the application process regarding the application of Dr. Fallon.
Town Clerk Snyder apprised Attorney Folmer and the Board that per the March 30tn,
2004 Index of Actions, the Planning Board recommended the Board issue the Aquifer Protection
Permit application. The County Planning Board also made its recommendations.
Attorney Folmer stated he would double-check with Planning Board Secretary, Joan
Fitch regarding the application's status before publishing a legal notice regarding a public
hearing.
RESOLUTION #73 SCHEDULE PUBLIC HEARING FOR AN AQUIFER
PROTECTION PERMIT APPLICATION SUBMITTED BY
DR. MICHAEL FALLON FOR APRIL 21, 2004
Motion by Councilman Testa
Seconded by Councilman O'Donnell
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, a Public Hearing shall be scheduled for April 21, 2004 at 5:00 p.m. for an
Aquifer Protection Permit submitted by Dr. Michael Fallon for property located at 1088
Commons Avenue, tax map 986.09-04-12.000.
Supervisor Thorpe apprised the Board they received correspondence from Tom Williams,
Director of Operations of First Baptist Church, requesting the Board relieve the cost of building
permit fees for it's future facility to be located on NYS Route 281 and Fisher Avenue.
Councilman Testa questioned whether the Board relieved building permit fees for other
agencies in the past.
Attorney Folmer recalled that in the past the Board had not relieved building permit fees.
He recommended the Board table action on the request enabling him time to research the request.
RESOLUTION #74 TABLE REQUEST FROM FIRST BAPTIST CHURCH FOR
RELIEF OF BUILDING PERMIT FEES
Motion by Councilman O'Donnell
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby table the request from First Baptist Church for
relief of building permit fees for their new church to be constructed on Fisher Avenue and NYS
Route 281 in the Town of Cortlandville.
RESOLUTION #75 REFER AQUIFER PROTECTION PERMIT APPLICATION OF
MJ SCOVILLE, INC. FOR ESSEX STRUCTURAL STEEL CO.
INC. TO THE TOWN AND COUNTY PLANNING BOARDS
FOR THEIR REVIEW AND RECOMMENDATIONS
Motion by Councilman O'Donnell
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Aquifer Protection Permit application submitted by MJ Scoville, Inc. for
Essex Structural Steel Co. Inc., for the proposed construction of 31,500 sq. ft. office and
manufacturing facility, a portion of tax map # 105.00-01-46.000, shall be referred to the Town
and County Planning Boards for their review and recommendations.
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APRIL 07, 2004 TOWN BOARD MEETING PAGE 6
Councilman Testa made a motion, seconded by Councilman O'Donnell, to receive and
file correspondence from Citizens for Aquifer Protection & Employment (CAPE) to Kathy
Wickwire, Chair and the Town Planning Board members, regarding the proposed Zoning Text
Amendment. All voting aye, the motion was carried.
Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and
file correspondence from Martin Estruch, President of C.I.S. of Cortland, LLC, regarding the
proposed Zoning Text Amendment. All voting aye, the motion was carried.
RESOLUTION #76 RECEIVE AND FILE PETITION TO LOWER SPEED LIMIT
ON CARROLL ST. AND FAIRGROUND DR. AND FORWARD
TO THE COUNTY AND NYS DOT FOR APPROVAL
Motion by Councilman O'Donnell
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
WHEREAS, a petition was submitted to the Town Board from residents within the Carroll St.
and Fairground Dr. area requesting the speed limit be lowered to 30 mph in view of the new
Sports Complex under construction and the anticipated growth in local traffic, and
WHEREAS, Carroll St. and Fairground Dr. are town roads, therefore
BE IT RESOLVED, the Town Board shall hereby acknowledge such petition, receive and file,
and forward the petition to the County Highway Superintendent for review and
recommendations, and it is further
RESOLVED, the Town Board requests the County Highway Superintendent forward such
request and petition to the New York State Department of Transportation for their review and
approval, as required.
RESOLUTION #77 AUTHORIZE THE MCGRAW CENTRAL SCHOOL DISTRICT
USE OF THE VOTING MACHINE TO CONDUCT THEIR
ANNUAL BUDGET VOTE ON MAY 18, 2004
Motion by Councilman O'Donnell
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize the McGraw Central School District
use of the Town voting machine to conduct their annual budget vote on May 18, 2004.
RESOLUTION 978 AUTHORIZE SUPERVISOR TO SIGN APPLICATION TO
NEW YORK STATE UNIFIED COURT SYSTEM FOR A
GRANT UNDER THE JUSTICE COURT ASSISTANCE
PROGRAM
Motion by Councilman O'Donnell
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
WHEREAS, the New York State Unified Court System has available to town and village courts
a grant with a maximum award of $20,000, available through the Justice Court Assistance
Program, and
WHEREAS, Town Justice Francis J. Casullo has requested applying for such grant to provide a
PA and recording system, a fireproof cabinet, and a cash register, which currently does not exist
or is in inadequate shape, to the Town's court, and
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APRIL 07, 2004 TOWN BOARD MEETING PAGE 7
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WHEREAS, the amount Town Justice Casullo is requesting from such grant is $12,000,
therefore
BE IT RESOLVED, the Supervisor is hereby authorized and directed to sign such application,
and it is further
RESOLVED, the Town Clerk is hereby authorized and directed to prepare a certified copy of the
foregoing resolution to be forwarded to the Unified Court System along with the completed
application.
Attorney Folmer questioned whether members of the Board had an opportunity to see the
renovations and improvements made in the Justice Department, and recommended they do so if
they had not.
RESOLUTION #79 AUTHORIZE SUPERVISOR TO SUBMIT A CLEAN WATER
STATE REVOLVING FUND (CWSRF) APPLICATION FOR
FINANCING FOR THE UPCOMING HIGHLAND ROAD
SEWER IMPROVEMENT PROJECT
Motion by Councilman O'Donnell
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to submit a
Clean Water State Revolving Fund (CWSRF) application to the New York State Environmental
Facilities Corporation for the upcoming Highland Road Sewer Improvement Project in order to
obtain project financing.
Councilman O'Donnell made a motion, seconded by Councilman Testa, to recess the
Regular Meeting to an Executive Session. All voting aye, the motion was carried.
The meeting was recessed at 7:30 p.m.
The following information was received from the Supervisor's office.
Councilman Testa made a motion, seconded by Councilman O'Donnell, to adjourn the
Executive Session and reconvene to the Regular Meeting. All voting aye, the motion was
carried.
No action was taken.
Councilman Testa made a motion, seconded by Councilman O'Donnell, to adjourn the
Regular Meeting. All voting aye, the motion was carried.
The meeting was adjourned at 7:55 p.m.
Respectfully submitted,
Karen Q. Snyder
Town Clerk
Town of Cortlandville