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HomeMy WebLinkAbout07-18-2007143 DULY 18, 2007 5:00 P.M. PUBLIC HEARING NO. 1 AQUIFER PROTECTION PERMIT MELVIN & PHILIP SIMON, RO FARMINGTON LAWN CARE INC., APP. NYS ROUTE 13 TAX MAP #95.16-02-48.000, 96.13-01-01.000 & 96.13-01-02.000 A Public Hearing was held by the Town Board of the Town of Cortlandville at the Raymond G. Thorpe Municipal Building, 3577 Terrace Road, Cortland, New York, concerning the Aquifer Protection Permit application submitted by Farmington Lawn Care Inc. permitting the construction of a 100' x 200' steel building to house a retail lawn and garden store on a 4+/- acre parcel. The property is located on the south side of NYS Route 13, approximately 1,500 ft. northeast of the NYS Route 13/NYS Route 281 intersection, tax map #95.16-02-48.000, 96.13- 01-01.000, and 96.13-01-02.000. Members present: Supervisor, Richard C. Tupper Councilman, Theodore V. Testa Councilman, Edwin O'Donnell Councilman, Ronal L. Rocco Councilman, John C. Proud Deputy Town Clerk, Kristin Rocco-Petrella Absent: Town Clerk, Karen Q. Snyder, RMC Others present were: Town Attorney, John Folmer; Highway Sup't. Carl Bush; Town CEO, Tom Williams; Planning Board Member, Nick Renzi; Richard Schutz from Suit-Kote Corp.; Douglas Payne Judy Testa; Sandy and Vittorio Panzanella; Mary Clare Pennello; Audrey V. Lewis from the Cortland County Health Department; Chuck and Cheri Sheridan; Representative of C.A.P.E., Robert Rhodes; News Reporter, Evan Geibel from the Cortland Standard; News Reporter, Eric Mulvihille from WXHC Radio; Grace Meddaugh for Channel 2, Access TV. Supervisor Tupper called the Public Hearing to order. Deputy Town Clerk, Kristin Rocco-Petrella, read aloud the published, posted and filed legal notice. Supervisor Tupper offered privilege of the floor to those in attendance. No comments or discussion were heard. Councilman O'Donnell 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 5:03 p.m. iqq JULY 18, 2007 5:03 P.M. TOWN BOARD MEETING The Regular Town Board Meeting of the Town Board of the Town of Cortlandville was held at the Raymond G. Thorpe Municipal Building, 3577 Terrace Road, Cortland, New York, with Supervisor Tupper presiding. Members present: Supervisor, Richard C. Tupper Councilman, Theodore V. Testa Councilman, Edwin O'Donnell Councilman, Ronal L. Rocco Councilman, John C. Proud Deputy Town Clerk, Kristin Rocco-Petrella Absent: Town Clerk, Karen Q. Snyder, RMC Others present were: Town Attorney, John Folmer; Highway Sup't. Carl Bush; Town CEO, Tom Williams; Planning Board Member, Nick Renzi; Richard Schutz from Suit-Kote Corp.; Douglas Payne Judy Testa; Sandy and Vittorio Panzanella; Mary Clare Pennello; Audrey V. Lewis from the Cortland County Health Department; Chuck and Cheri Sheridan; Representative of C.A.P.E., Robert Rhodes; News Reporter, Evan Geibel from the Cortland Standard; News Reporter, Eric Mulvihille from WXHC Radio; Grace Meddaugh for Channel 2, Access TV. Supervisor Tupper called the meeting to order. The Draft Town Board Minutes of June 20, 2007 and July 5, 2007 were presented to the Board for their review. RESOLUTION #142 AUTHORIZE PAYMENT OF VOUCHERS — JULY Motion by Councilman Proud Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED, the vouchers submitted have been audited and shall be paid as follows: General Fund A Vouchers #401 - 425 $142,424.79 General Fund B B77 - B83 $ 46,787.02 Highway Fund DA DA13 - DA14 $ 701.38 Highway Fund DB D261 - D271 $134,867.64 Water Fund W 134 - W 143 $ 48,468.65 Sewer Fund S61 - S62 $ 26,039.55 Capital Projects H45 - H46 $ 24,126.10 Supervisor Tupper offered privilege of the floor to Mary Clare Pennello. Mary Clare Pennello, 820 South Lamont, thanked Councilman Rocco for initiating the installation of the temporary "No Parking" signs on Lamont Circle. She explained that since the opening of the new Salvation Army Store, customers began parking on the side of the street causing traffic problems and safety concerns for area residents. Councilman Rocco stated that the Board was aware of the parking situation. He explained that Highway Sup't. Bush installed temporary "No Parking" signs on Lamont Circle, which would be replaced with permanent signs as soon as the utility lines are marked out and it is safe to dig. Mrs. Pennello submitted a petition to the Board from residents of Lamont Circle, North Lamont and South Lamont for permanent "No Parking" signs to be installed on Lamont Circle. Councilman Testa made a motion, seconded by Councilman O'Donnell, to receive and file the Petition from residents of Lamont Circle, South Lamont, and North Lamont, for "No Parking" signs to be placed on Lamont Circle near the A&W Restaurant and the Salvation Army Store. All voting aye, the motion was carried. 1 1 u 1 y5- JULY 18, 2007 TOWN BOARD MEETING PAGE 2 Supervisor Tupper offered privilege of the floor to Tom Williams. Tom Williams, Code Enforcement Officer for the Town of Cortlandville, reported on recent concerns regarding Suit-Kote Corporation and odors. CEO Williams explained that air quality is not in the purview of the Town, but is up to the NYS DEC. CEO Williams explained that he visited the Suit-Kote facility a couple of times in the early morning, and made a point to drive near the facility at different times/different days, and has not been able to detect odor. He informed the Board that he has not received any phone calls from the Panzanella's (owners of the Yellow Lantern Kampground) complaining of a high degree of odor. CEO Williams and Councilman Rocco met with Paul Suits and Dick Schutz at the Suit- Kote plant on Loring Crossing for a tour of the plant on July 18, 2007. No odors were detected outside the plant, other than when a truck came to the site. When the truck left the facility, the odor also left. CEO Williams stated he would continue to monitor the area and would talk with the DEC. Supervisor Tupper thanked CEO Williams and Councilman Rocco for visiting the site. Councilman Rocco commented on the concerns regarding Suit-Kote. He thanked Paul Suits for making himself available for the 7:00 a.m. tour of the facility, and for answering questions regarding the Suit-Kote's plans for the future as well as current operations. One such question was with regard to adding scents to emulsions, such as vanilla or coffee. Mr. Suits explained that Suit-Kote has never used any scents to mask the odors nor would it. He also explained that Suit-Kote would install a charcoal filter at the Loring Crossing facility with the installation of new tanks. Councilman Rocco suggested that odors are strong in the morning because trucks are being loaded. Mr. Suits indicated that in order to keep the vapors from escaping, Suit-Kote truck drivers are asked to keep the covered top at a 45-degree angle to keep odors from escaping. Mr. Suits would send a memo to the truck drivers to remind them of his request. He also noted that NYS DEC representative, Randy Young, who lives on Lighthouse Hill Road, visits the Suit-Kote facility whenever he detects an odor. Councilman Rocco stated, "everyone wants the odor to go away ... the odor isn't going to go away." He stated he was being realistic as Suit-Kote was an operation that has odors associated with it — it was part of the business. Councilman Rocco stated he understood that the facility may impact some people more than others. After meeting with Mr. Suits and other Suit-Kote representatives, he visited the owners of the Yellow Lantern Kampground, as well as Town resident, Chuck Sheridan, to discuss concerns. Councilman Rocco stated that improvements have been made to the Suit-Kote facility, and hoped that the charcoal filter on the proposed tanks would help reduce odors. Councilman Rocco apprised the Board he asked Mr. Schutz about the possibility of adding weigh stations to loading areas. Mr. Schutz explained it would cost over $800,000 to add weigh stations to the five different loading areas, which was a significant expense that would not guarantee any reduction in odor. Supervisor Tupper questioned whether there were any questions from the public that could be directed to Dick Schutz who was in attendance. Chuck Sheridan requested privilege of the floor. He stated he was not negative towards Suit-Kote nor did he want the company to be shut down, but was concerned with the odors. Mr. Sheridan went through a list of six questions that he wanted answers to. 1. What exactly are the chemicals that we are being exposed to on a daily basis from emissions from the Suit-Kote plants? 2. What is the NYS limitation/allowable amounts that may be legally put into the air from asphalt emulsion plants? 3. Has the air around the two Suit-Kote plants in Cortland County ever been tested by the DEC or any agency to check what the airborne contaminants were before or after the mitigating filters were installed or uninstalled? 4. Does Suit-Kote monitor its output of emissions? If so, what are their results and numbers? Does anyone else monitor these tests? 5. If Suit-Kote wants to further expand, what measures will be taken to ensure the safety of the neighbors? 6. Why does the Town Board continue to permit unrestricted growth of Suit-Kote? 1q6 JULY 18, 2007 TOWN BOARD MEETING PAGE 3 Dick Schutz. of Suit-Kote Corporation responded to Mr. Sheridan's questions listed above. Mr. Schutz was not prepared to answer the question regarding chemicals, as it was very technical. While Mr. Schutz did not have the regulations on hand, he explained that Suit-Kote has an air permit for the facility that was prepared by O'Brien & Gere according to the State's requirements. Monitoring has been done in the past - samples are taken from the airspace at the top of the tanks and are analyzed. The results, along with the standard that the EPA puts out, is a specific percent based on the industry; the EPA comes up with the emission factor. Suit-Kote applies the emission 'factors and does the calculation based on the maximum number of hours they can be in operation, and then figures out what the maximum total possible emissions would be if they operated 24 hours a day/seven days a week/365 days a year. Mr. Schutz explained the process called capping out — you can cap out by restricting the hours of operation, which is monitored by the DEC. Suit-Kote falls well below the maximum number of operation, which is reported to the DEC annually. Mr. Schutz stated that the results are available through the DEC as well as Suit-Kote's air permit. Randy Young, the local DEC representative, could also be contacted. Cheri Sheridan stated she spoke with Ron Myers with the EPA. In order for Mr. Myers to provide the list of chemicals, she needed to know what types of liquid asphalt emulsions are made by Suit-Kote. Mr. Schutz explained that Suit-Kote makes two types of liquid asphalt emulsion: anionic emulsion and catonic emulsion, which are positively and negatively charged. Most of what Suit- Kote makes is a RS2 'anionic, which is a rapid set, or a MS2, which is a medium set. Supervisor Tupper stated he would forward Mr. Sheridan's questions to Suit-Kote for them to be answered. Supervisor Tupper offered privilege of the floor to Sandy Panzanella. Sandy Panzanella, owner of the Yellow Lantern Kampground, stated it sounded like the Board had already approved the expansion of Suit-Kote's Loring Crossing facility and Polkville facility. Supervisor Tupper apprised Mrs. Panzanella the application was not yet before the Town Board. Mr. Schutz explained the proposed expansion. There would be a "fairly significant" net gain in the total number of tanks at the Loring Crossing facility — approximately 500,000 gallons over 10 years. The Polkville facility would have a 1,000-gallon net difference; one large tank would replace two smaller tanks. When Suit-Kote moved the "modified, asphalt plant" to Polkville, the DEC required that the carbon filtration follow the process. Suit-Kote modified its air permits and moved the carbon filters. There was never a requirement and it wasn't deemed necessary at that time to add carbon filters to the asphalt plants. After speaking with the Board and the DEC, Suit-Kote agreed to add carbon filtration at Loring Crossing to the asphalt tanks. All of the asphalt cement tanks would have carbon filters. Suit-Kote was working with O'Brien & Gere on the terms for them to design and specify the filters that Suit-Kote would buy and install. Mrs. Panzanella stated she recently learned there are no filters at the Loring Crossing facility, and that the County Health Department was not aware that the filters were moved to Polkville. Mr. Schutz explained again that the filters were required by the DEC to follow the process from the Loring Crossing facility to the Polkville facility. The requirement was part of the permit modification requirement. The DEC did not require Suit-Kote to install any filters at the Loring Crossing facility. Mr. Schutz stated when the air permit was modified, a legal notice was published in the paper as well as in an environmental bulletin, as required by SEQRA. There was also a thirty -day comment period. Supervisor Tupper offered privilege of the floor to Vittorio Panzanella. Vittorio Panzanella thanked Councilman Rocco for visiting the Yellow Lantern Kampground after his visit at Suit-Kote. Mr. Panzanella stated there is a definite odor created by the Suit-Kote facility. Local DEC representative, Randy Young visited the site and detected an odor. He stated the odor is affecting his business as campers are pulling out of the campsites because of the odor. Mr. Panzanella stated he did not want Suit-Kote to close, but wanted Suit-Kote to work with and to notify the public when changes were made. He voiced his concern that the Health Department was not notified when the filters were removed from the Loring Crossing facility. iLl 7 JULY 18, 2007 TOWN BOARD MEETING PAGE 4 Mr. Panzanella felt that a "rubberstamp was ready for Suit-Kote" whenever Suit-Kote submits an application to the Board for approval. He asked the Board to protect the people first and to find a solution to the problem regarding the odors. Supervisor Tupper offered privilege of the floor to Audrey Lewis. Audrey Lewis, Cortland County Health Department, apprised the Board that complaints have been filed with the Health Department regarding the odors at Suit-Kote: 2007 — 11 complaints; 2006 — 17 complaints; 2005 — 11 complaints. Most of the complaints were filed during the summer season. Councilman Rocco questioned Mr. Schutz whether charcoal filters would be installed on all tanks at the Suit-Kote facilities. He also questioned whether the asphalt cement created odors. Mr. Schutz stated that most of the tanks Suit-Kote requested permits for are emulsion tanks, which would not get filters. There was only one asphalt cement tank requested, which would have a filter. Asphalt cement must be stored at a higher temperature, which causes an odor. The carbon filters would help minimize the odor. Councilman Rocco commented that trucks transporting asphalt emit odors as well. Mr. Schutz agreed and stated that blacktop trucks also emit odors, which may be detected when the trucks drive through Cortland to reach their job sites. Attorney Folmer asked Mr. Schutz to provide Supervisor Tupper with copies of Suit- Kote's reports that are filed with the DEC as well as information regarding the chemicals that are going into the air. Attorney Folmer stated that when the Town receives a formal application to consider, the Town would like to hear what Suit-Kote's thoughts were regarding installing filters at Loring Crossing even though they are not required by the DEC. Mr. Schutz stated that filters would be installed on the asphalt tanks. He explained that the emulsion tanks are 35-40% water. Carbon filtration does not work well when there is a high water vapor content. Also, the emulsion tanks are at a much lower temperature and tend not to smell as much as asphalt. Attorney Folmer stated it would be a good idea for Suit-Kote to explain in as much detail as possible as to why filters are not being used on other tanks. Mr. Schutz clarified a comment made earlier by Mrs. Panzanella. He apprised the Board he spoke with Randy Young of the DEC after Mr. Young visited the Yellow Lantern Kampground three days in a row from 6:30-7:30 a.m. The first two days Mr. Young did not smell any odors. The third day, Mr. Young stated he smelled a light to moderate asphalt odor, but the odor was in specific places. Councilman Proud requested Mr. Schutz provide a MSDS sheet to the Board regarding the chemicals that are going into the air. Supervisor Tupper ended discussion on the issue, as it was not a public hearing. He offered privilege of the floor to those in attendance to discuss issues non -related to Suit-Kote. No comments or discussion were heard. RESOLUTION #143 ACCEPT 2007 TAX COLLECTOR'S SUMMARY Motion by Councilman Rocco Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, the 2007 Tax Collector's Summary is hereby accepted and shall be received and filed. The monthly report of the Water & Sewer Dept, for the month of June 2007 was on the table for review and is filed in the Town Clerk's Office. 1. S JULY 18, 2007 TOWN BOARD MEETING PAGE 5 Councilman Rocco stated there was confusion regarding the addresses in the Lamont Circle neighborhood. He requested the Town Board entertain the idea of providing a metal tag with the correct fire number and house number to each property owner in the neighborhood. Councilman Testa commented that property owners should only be using their fire numbers, which was established years ago. Mary Clare Penello, resident of 820 South Lamont, stated that most of the houses in the neighborhood have both the fire number and the lot number/house number posted. She felt the problem was that there are similar fire numbers, such as 820 Lamont Circle, 820 S. Lamont, 820 N. Lamont. Mrs. Penello suggested the fire numbers be changed to clarify the addresses rather than changing the mailing address numbers so that residents did not have to change their mailing information on their drivers license, bank accounts, etcetera. Councilman Rocco stated he did not want to change the fire numbers, but wanted both numbers posted on the mailbox. Supervisor Tupper understood the situation and explained that the 911 system was set up on a grid system based on longitude and latitude. If there are three houses along the same line, every house on that line would be the same address; the houses would have a different street address, but the number would be the same. Supervisor Tupper stated the fire numbers would not be changed per County Planning. When the new numbering system was implemented, property owners were required to change their mailing address to the fire number. However, not everyone did so. Attorney Folmer advised the Board that if the Town provided numbers for the property owners in the Lamont Circle neighborhood, then the Town would have to provide the same for every resident in the Town. Supervisor Tupper suggested Councilman Rocco pursue the issue with the Cortlandville Fire Department and County Planning. Supervisor Tupper apprised the Board that he and Highway Sup't Bush attended a meeting with the NYS DOT regarding upcoming projects in Cortland County. There was discussion regarding the Aquifer Protection Permit application submitted by Farmington Lawn Care Inc. Attorney Folmer suggested the Board table action on the permit until County Planning Board recommendation #4 could be clarified, which read as follows: The applicant provide written confirmation that there would be no outdoor storage of pesticides, fertilizers, or other chemicals nor will they be used on site. If such chemicals are to be used, the applicant must submit a detailed description of the use, operations, and the emergency response plan in the event of accidental release. There was confusion regarding whether there would be outdoor storage of chemicals or if they would be used on site. Attorney Folmer stated a representative should have been present to clarify the issue. Douglas Payne, owner of Farmington Lawn Care Inc., apologized to the Board for not being in attendance during the public hearing. He informed the Board a letter was submitted to the Town Planning Board indicating that there would be no outdoor storage of chemicals nor would they be used on the site. Attorney Folmer suggested the Board include recommendation #4 regardless, so that the Board had the ability to require the applicant to have an emergency response plan in the event that in the future the applicant decided to store chemicals outdoors or to use chemicals on site. (Councilman O'Donnell excused himself from the meeting at 6:15 p.m.) Attorney Folmer and the Board reviewed the SEQR Short Environmental Assessment Form for the Aquifer Protection Permit application submitted by Farmington Lawn Care Inc. for property located off NYS Route 13. RESOLUTION #144 DECLARE NEGATIVE IMPACT FOR AQUIFER PROTECTION PERMIT #4 OF 2007 SUBMITTED BY FARMINGTON LAWN CARE INC. FOR PROPERTY LOCATED OFF NYS ROUTE 13 OWNED BY MELVIN & PHILIP SIMON Motion by Councilman Proud Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED 1y9 JULY 18, 2007 TOWN BOARD MEETING PAGE 6 WHEREAS, an Aquifer Protection Permit application was submitted by Farmington Lawn Care Inc. for property located on the south side of NYS Route 13, approximately 1,500 ft. northeast of the NYS Route 13/NYS Route 281 intersection, permitting the construction of a 100' x 200' steel building to house a retail lawn and garden store on a 4.0+/- acre parcel, tax map #95.16-02- 48.000, 96.13-01-01.000 & 96.13-01-02.000, 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 Farmington Lawn Care Inc., Aquifer Protection Permit 44 of 2007, shall have no significant environmental impact. RESOLUTION #145 AUTHORIZE SUPERVISOR TO SIGN SEQRA APPLICATION OF AQUIFER PROTECTION PERMIT #4 OF 2007 Motion by Councilman Proud Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Supervisor is hereby authorized and directed to sign the SEQRA application relating to Aquifer Protection Permit #4 of 2007, submitted by Farmington Lawn Care Inc. RESOLUTION #146 APPROVE AQUIFER PROTECTION PERMIT #4 OF 2007 SUBMITTED BY FARMINGTON LAWN CARE INC. FOR PROPERTY LOCATED OFF NYS ROUTE 13 OWNED BY MELVIN & PHILIP SIMON 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 #4 of 2007, submitted by Farmington Lawn Care Inc., for property located on the south side of NYS Route 13, approximately 1,500 ft. northeast of the NYS Route 13/NYS Route 281 intersection, permitting the construction of a 100' x 200' steel building to house a retail lawn and garden store on a 4.0+/- acre parcel, tax map 495.16-02-48.000, 96.13-01-01.000 & 96.13-01-02.000, subject to the following conditions from the Town and County Planning Boards: 1. The subdivided portions of the three parcels being consolidated by deed to create a 4.0+/- acre parcel and to avoid the creation of any "land locked" parcels. 2. The access point from the proposed right-of-way being written into the deeds of both properties to insure perpetual access. 3. The applicant obtaining curb cut permits from the NYS Department of Transportation (DOT) for the proposed driveway access and right-of-way entrance to NYS Route 13. 4. The applicant provide written confirmation that there would be no outdoor storage of pesticides, fertilizers, or other chemicals nor will they be used on site. If such chemicals are to be used, the applicant must submit a detailed description of the use, operations, and the emergency response plan in the event of accidental release. 5. The applicant filing a Notice of Intent with the NYS Department of Environmental Conservation (DEC) and preparing a stormwater pollution prevention plan for the site since the proposal would involve the disturbance of at least one acre of land. 150 JULY 18, 2007 TOWN BOARD MEETING PAGE 7 6. The applicant obtaining approval of the stormwater pollution prevention plan from the Town as required by the Town's stormwater ordinance since the proposal would result in over 10,000 sq. ft. of impervious surface on the site. 7. The applicant providing to the Town a revised site plan indicating the location of the dumpster area and the type of screening proposed to visually buffer the dumpster area from neighboring properties and public view. 8. The applicant submitting a landscaping plan to the Town which indicates the types of plantings proposed for the perimeter areas of the site. 9. The applicant obtaining approval of the connections to the public water and sewer, including a backflow prevention device for the public water connection, from the County Health Department via application to the Town. 10. The applicant demonstrating that there are unnecessary hardships in the way of carrying out the strict letter of the Zoning Local Law of the Town of Cortlandville as is required before any use variance may be granted. 11. A negative declaration of environmental impact under SEQR. AND IT IS FURTHER RESOLVED, the Supervisor is hereby authorized to sign the permit. Supervisor Tupper discussed the request made by Larry Hinkle for a reduction in his sewer bill because of a pool fill. Mr. Hinkle filled his pool with approximately 25,000 gallons of water, which did not go through the sewer. Supervisor Tupper acknowledged that Town Clerk Snyder researched Mr. Hinkle's request and determined that the July billing did not include the pool fill. The water consumed for the pool fill would not be reflected until the October billing was generated. Supervisor Tupper discussed the issue with Mr. Hinkle and suggested he approach the Board after the October billing to request a reduction in his sewer bill. RESOLUTION #147 AUTHORIZE "NO PARKING" ON BOTH SIDES OF LAMONT CIRCLE FROM THE INTERSECTION OF LAMONT CIRCLE AND NYS ROUTE 13/NYS ROUTE 281 TO THE INTERSECTION OF LAMONT CIRCLE, NORTH LAMONT AND SOUTH LAMONT Motion by Councilman Rocco Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby authorize "No Parking" on both sides of Lamont Circle, from the intersection of Lamont Circle and NYS Route 13/NYS Route 281 to the intersection of Lamont Circle, North Lamont, and South Lamont to allow residents, emergency vehicles, and snow plows safe access to the Lamont Circle area, and it is further RESOLVED, the Highway Sup't. is hereby authorized and directed to install "No Parking" signs on said section of Lamont Circle. Councilman Testa made a motion, seconded by Councilman Proud, to receive and file correspondence from John Partgianoni, dated July 12, 2007, notifying the Town of his intent to renew the liquor license for Cort-Lanes Inc., located at 928 NYS Route 13 in the Town of Cortlandville. All voting aye, the motion was carried. RESOLUTION 9148 ACKNOWLEDGE RECEIVING NOTICE OF PETITION FOR REVIEW OF ASSESSMENTS Motion by Councilman Testa Seconded by Councilman Proud VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby acknowledge, by receiving and filing, the Notice of Petitions, regarding their current assessments, from the following property owners: 1 f JULY 18, 2007 TOWN BOARD MEETING PAGE 8 Carrols Corporation #326 K-Mart Corporation #7134 Attorney Folmer reported: Notice of Petitions: 1096 NYS Route 222 NYS Route 13 tax map #86.13-01-57.100 tax map #95.20-01-03.111 Attorney Folmer acknowledged he was in receipt of the two Notice of Petitions for review of assessments from Carrols Corporations #326 and K-Mart Corporation #7134, which are filed every year. The Town did not have to act on the Notice of Petitions because procedurally, by statute, the Town has denied all of the allegations in the Petition. Bond Anticipation Note: Attorney Folmer apprised the Board the bonding process was under motion to finance the additional costs of the Expansion/Renovation of the Raymond G. Thorpe Municipal Building. Supervisor Tupper would provide Attorney Folmer with the name of bank to be used as well as the interest rate. Revised Zoning Ordinance: Attorney Folmer reported he received documents from Clough Harbour & Associates regarding the proposed Revised Zoning Ordinance. A public hearing was scheduled for the proposed Local Law for August 1, 2007. However, Attorney Folmer was not sure whether the Board would be prepared to conduct the public hearing at that time. Acquisition of Land on Cedar Crest Drive: Attorney Folmer reported that the closing for property located on Cedar Crest Drive had not yet taken place. A purchase price was agreed upon, as well as the costs of surveying. A pro- ration of taxes also had to be completed by Assessor David Briggs before the closing could occur. Councilman Testa made a motion, seconded by Councilman Proud, to receive and file the Notice of Public Hearing from the Cortland County IDA for the Empire AgriFuel, LLC Project, which will be held August 14, 2007 at 11:00 a.m., at the Raymond G. Thorpe Municipal Building. All voting aye, the motion was carried. Councilman Rocco suggested that a representative from the Town and the City visit an AgriFuel plant to see exactly what it was all about before getting involved. RESOLUTION #149 AMEND 2007 HOLIDAY SCHEDULE Motion by Councilman Proud Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby amend the 2007 Holiday Schedule to include New Years Eve Day, Monday, December 31, 2007. RESOLUTION #150 AUTHORIZE SUPERVISOR TO ABOLISH ONE "MECHANIC" TITLE AND TO CREATE THE TITLE "HEAVY EQUIPMENT MAINTENANCE MECHANIC" FOR THE TOWN HIGHWAY DEPARTMENT Motion by Councilman Rocco Seconded by Councilman Testa VOTES: ALL AYE ADOPTED 157� JULY 18, 2007 TOWN BOARD MEETING PAGE 9 BE IT RESOLVED,Ahe Town Board does hereby authorize and direct the Supervisor to abolish one "Mechanic" title', and to create the title "Heavy Equipment Maintenance Mechanic" for one Town Highway Department employee. Councilman Rocco questioned when the Town would be able to accept payments for the Town & County Tax Bill by credit card. He voiced his concern regarding an increase in possible bankruptcies. Deputy Town Clerk, Kristin Rocco-Petrella apprised the Board that Town Clerk and Tax Collector Snyder was working with her tax collection programmer, Systems East, to be able to accept credit card payments for the 2008 tax year. Councilman Rocco apprised the Board he spoke with Town Justice Casullo regarding the need for a calendar in the Town Meeting Room/Court Room. Justice Casullo did not object to hanging a calendar. RESOLUTION #151 AUTHORIZE HIGHWAY SUP'T. TO START THE PROCESS THROUGH CIVIL SERVICE TO HIRE A KEYBOARD SPECIALIST Motion by Councilman Testa Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby authorize and direct the Highway Sup't. to start the process through the Cortland County Civil Service Department to hire a "Keyboard Specialist" to replace a retiring employee. RESOLUTION #152' AUTHORIZE SUPERVISOR TO EXECUTE CONTRACT WITH BARTON & LOGUIDICE FOR CONSULTING SERVICES FOR THE TOWN'S GIS PROGRAM Motion by Councilman Testa Seconded by Councilman Proud VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to execute the contract with Barton & Loguidice for consulting services regarding the implementation of the Town's Geographic Information Systems (GIS) Program, in an amount not to exceed $34,500. No further comments or discussion were heard. Councilman Rocco made a motion, seconded by Councilman Testa, to adjourn the Regular Meeting. All voting aye, the motion was carried. The meeting was adjourned at 6:35 p.m. Respectfully submitted, Karen Q. Snyder, RMC Town Clerk Town of Cortlandville *Note: The draft version of this meeting was submitted to the Town Board for their review on September 5, 2007.