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HomeMy WebLinkAbout09-19-2007Z03 SEPTEMBER 19, 2007 5:00 P.M. PUBLIC HEARING NO. 1 AQUIFER PROTECTION PERMIT GROTON CONGREGATION OF JEHOVAH'S WITNESSES, APP. LELAND & CAROLYN DAVIS, RO NYS ROUTE 222/SEARS ROAD TAX MAP #95.00-01-26.000 (PORTION OF) 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 the Groton Congregation of Jehovah's Witnesses, permitting the construction of a 4,416 +/- sq. ft. religious institution with accessory parking on the 5.3 +/- acre parcel. The property is located on the north side of NYS Route 222 and south side of Sears Road, approximately 800 ft. west of the NYS Route 222/Sears Road intersection, owned by Leland and Carolyn Davis, a portion of tax map parcel #95.00-01-26.000. Members present: Supervisor, Richard C. Tupper Councilman, Edwin O'Donnell Councilman, Theodore V. Testa Councilman, Ronal L. Rocco Councilman, John C. Proud Town Clerk, Karen Q. Snyder Others present were: Town Attorney, John Folmer; Planning Board Member, Nick Renzi; Richard Schutz and Paul Suits representing Suit-Kote Corporation; Representatives of CAPE: Grace Meddaugh, Robert Rhodes; Sandy and Vittorio Panzanella, Yellow Lantern Kampground; George Ottenschot; Chris Farkas; Mahlon and Shirley Irish; Tony Reno; Dick Bovee; Norm Hunt; John DeLucia; Walter Alexander; Audrey Lewis, Cortland County Health Department; Mike Guerin; Evan Geibel, News Reporter for the Cortland Standard; and Sharon Stevans for Channel 2, Access TV, Supervisor Tupper called the Public Hearing to order. Town Clerk, Karen Q. Snyder read aloud the published, posted and filed legal notice. Supervisor Tupper offered privilege of the floor to those in attendance. Dick Bovee, Engineer for the Groton Congregation of Jehovah's Witnesses, gave a brief explanation of the proposed project. The 4200 +/- sq. ft. building would be located approximately 75 ft. behind the existing right-of-way line, on a 4 '/z-acre parcel located on NYS Route 222/Sears Road. As required by the Town Planning Board, parking for the Church would be located completely behind the building. A storage building would also be constructed to house lawn and snow removal equipment. After construction, there would be 20% lot coverage. Mr. Bovee explained that the environmental requirements of the project were completed and forwarded to the NYS DEC. The project would intersect an intermittent tributary. An 8" pipe would be installed underneath the driveway. The County Highway Department required a single culvert sized for 25-year storm, which is an equivalent area of a 48" pipe. The County Highway Dept. also required a commercial guide rail be installed at the 22' wide entrance, which conforms to the NYS DOT requirements. Councilman Testa and Councilman Rocco asked the following questions: 1. How many members belong to the Church? 2. How many parking spaces would there be? 3. How many Church services would be held each day? 3. Would events be held at the Church in the evening? Mr. Bovee reported there were 103 members of the Church. There would be a total of 52 parking spaces, including 2 handicap parking spaces. One Church service would be held each Sunday, and the Church would hold meetings twice a week during the evening. Councilman Rocco questioned whether the parking lot would be paved and whether outdoor lights would be installed. Mr. Bovee explained that the parking lot would be paved in two phases. With regard to lighting, outdoor wall down lights would be installed. The lights would have directional boxes to ensure that none of the lighting leaves the parking area. In addition, the lights would be on a "photo cell" timer, and would be used when the Church was occupied. Councilman Rocco commented that churches generally bring growth to areas, and stated he would welcome the Church to the community. SEPTEMBER 19, 2007 PUBLIC HEARING NO. 1 PAGE 2 No further comments or discussion were heard. Councilman Proud 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 5:10 p.m. �1 Ll� 1 Z o5- SEPTEMBER 19, 2007 5:10 P.M. PUBLIC HEARING NO. 2 AQUIFER PROTECTION PERMIT SUIT-KOTE CORPORATION LORING CROSSING FACILITY TAX MAP #77.00-01-22.000 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 Suit-Kote Corporation (Loring Crossing Facility), permitting the installation of a total of 7 tanks for the storage of liquid asphalt emulsion at the emulsion mill and a total of 20 tanks for various uses at the modified asphalt mill. The property is located on the south side of Loring Crossing, approximately 650 ft. east of NYS Route 13, tax map parcel #77.00-01-22.000. Members present: Supervisor, Richard C. Tupper Councilman, Theodore V. Testa Councilman, Edwin O'Donnell Councilman, Ronal L. Rocco Councilman, John C. Proud Town Clerk, Karen Q. Snyder Others present were: Town Attorney, John Folmer; Planning Board Member, Nick Renzi; Richard Schutz and Paul Suits representing Suit-Kote Corporation; Representatives of CAPE: Grace Meddaugh, Robert Rhodes; Sandy and Vittorio Panzanella, Yellow Lantern Kampground; George Ottenschot; Chris Farkas; Mahlon and Shirley Irish; Tony Reno; Dick Bovee; Norm Hunt; John DeLucia; Walter Alexander; Audrey Lewis, Cortland County Health Department; Mike Guerin; Evan Geibel, News Reporter for the Cortland Standard; and Sharon Stevans for Channel 2, Access TV. Supervisor Tupper called the Public Hearing to order. Town Clerk, Karen Q. Snyder read aloud the published, posted and filed legal notice. Supervisor Tupper offered privilege of the floor to Richard Schutz. Richard Schutz, Operations Manager for Suit-Kote Corporation, thanked Kathy Wickwire and the Town Planning Board for conducting a Special Planning Board Meeting which included all the stakeholders of the project, including the neighbors, Suit-Kote, DEC, Cortland County Health Department, Cortland County Soil & Water, and the Cortland County Planning Department. At the Special Planning Board Meeting, Mr. Schutz reported that all the pertinent issues were discussed, and it was determined that Suit-Kote met the criteria required for a Conditional Permit. The Planning Board also recommended the Town Board approve the Aquifer Protection Permit subject to the conditions recommended by the County Planning Board. Mr. Schutz explained the request was based on an immediate need for 11 tanks at the Cationic Emulsion Mill, which includes the following tanks: 62, 63, 64, M1, M2, S1, S2, S3, W1 and W2. The other 9 tanks at the Cationic Mill, and the 7 tanks at the Anionic Mill, were for future growth during the next 5-10 years. In 2006, the Town Planning Board recommended that Suit-Kote provide a long-term plan to the Town for the facilities rather than on a regular basis. Mr. Schutz apprised the Board that Suit-Kote volunteered to install carbon absorption units on all asphalt cement tanks at the Loring Crossing site. Based on that, the New York State Department of Environmental Conservation (NYS DEC) required Suit-Kote conduct a feasibility study to analyze the headspace in 1 asphalt cement tank, 1 anionic emulsion tank, and 1 cationic emulsion tank. The purpose of the study would be to determine the best means of remediation or to prevent escape of any fugitive emissions to the atmosphere. The engineering firm O'Brien & Gere was hired by Suit-Kote to perform the work. O'Brien & Gere developed a protocol which was submitted to the NYS DEC. There were a few minor details that needed to be resolved with regard to the laboratory procedures. Mr. Schutz expected that the sampling would be conducted the following week, and that a plan would be developed for the implementation of the proper remediation. According to Mr. Schutz, Suit-Kote implemented management practices regarding the loading/unloading process of asphalt cement emulsion in order to minimize fugitive odors. Mr. Schutz stated that Suit-Kote intends to be a good neighbor with regard to all operations at the facility both now and in the future. ZOG SEPTEMBER 19, 2007 PUBLIC HEARING NO. 2 PAGE 2 Supervisor Tupper offered privilege of the floor to Grace Meddaugh. Grace Meddaugh, representing Citizens for Aquifer Protection and Employment (CAPE), apprised the Board that CAPE was asked by families who live in close proximity to the Suit- Kote facility to assist them in obtaining information about environmental and health risks associated with asphalt production — most importantly concerns about air emissions and potential risks to groundwater and the Tioughnioga River. On behalf of CAPE, Mrs. Meddaugh asked the Board to think of the Cortland County's economic needs as well as public health and resource concerns when discussing Suit-Kote's application. She stated that while Suit-Kote is an important part of Cortland's local economy, it was imperative that steps be taken to address issues such as the health, quality of life, and environmental risks that the facility's operations pose. Mrs. Meddaugh asked the Board to consider the following questions, which she explained in detail: 1. Shouldn't the defects in Suit-Kote's vapor collection system for its current operations be corrected and verified through testing before permits for expansion are considered? 2. Shouldn't there be a vapor collection/mitigation system in operation at the Loring Crossing facility before further expansion is approved? 3. Shouldn't a more thorough evaluation of the health effects associated with air emissions from Suit-Kote be completed before considering permits for expansion? Mrs. Meddaugh asked the Board to address the problems and unanswered questions about Suit-Kote's existing operations before considering permits to allow expansion of the facility. Councilman Rocco questioned whether the letter Mrs. Meddaugh read on behalf of CAPE was submitted to the Town Planning Board. Mrs. Meddaugh explained the letter was not presented to the Planning Board because the last meeting was not a public hearing on the matter. Mr. Schutz responded to the questions raised by Mrs. Meddaugh with regard to the Loring Crossing Facility. As previously stated, Suit-Kote was working on a vapor capture system for the asphalt storage at Loring Crossing. Suit-Kote took the initiative to go beyond what the DEC asked for, and beyond what O'Brien & Gere was doing, and planned to install a vapor capture system carbon unit on the largest asphalt storage tank. Mr. Schutz hoped the system would be installed by the end of September 2007. He stated that while the system may not be perfect from a capture standpoint — it may not meet all of the DEC's and O'Brien & Gere's requirements — it should be a major improvement to the tank. Supervisor Tupper offered privilege of the floor to Shirley Irish. Shirley Irish, a native of Homer, apprised the Board that 11 years ago, after living in Old Forge, New York, she and her husband retired and moved back to Cortland County, where they live year round at the Country Music Park on NYS Route 13. Mrs. Irish informed the Board that 11 years ago, when she moved back, her left lung was removed due to cancer. On occasion, she could detect an odor because of the emissions. However, she found "nothing wrong with Suit-Kote," and did not feel that her health or breathing was affected. Supervisor Tupper offered privilege of the floor to Audrey Lewis. Audrey Lewis, from the Cortland County Health Department, read a letter to the Board signed by Jacquelyn Gailor, Cortland County Public Health Director, regarding Suit-Kote's Aquifer Protection Permit applications for both the Loring Crossing Facility and the Polkville Facility. The Health Department received numerous complaints regarding asphalt odors and had been in communication with the DEC in order to determine the best strategies to mitigate the odors. The Cortland County Board of Health (BOH) was asked to monitor the situation and facilitate any progress towards odor reduction. The BOH and Health Department met with county residents, Town officials, DEC and the NYS Department of Health regarding the ongoing issues. As a result, the BOH offered the following comments: zo7 SEPTEMBER 19, 2007 PUBLIC HEARING NO. 2 PAGE 3 1. During many occasions, Health Department staff verified the presence of asphalt odors as a result of complaints received. 2. DEC air regulations are primarily focused on controlling emissions, not odors. 3. The DEC was taking a phased approach to the proposed Suit-Kote expansions. The DEC requested Suit-Kote conduct a feasibility study on controlling emissions from the hot asphalt tanks, emulsion tanks and the loading racks at Loring Crossing. During the initial phase, DEC intends to require carbon filters on all the hot asphalt tanks at this location. At this time, DEC does not intend to require filtration on the emulsion (colder) tanks or the emulsion tank loading racks. Their intent is to use the feasibility study to define their future options in the event that odor complaints continue after the installation of filters on the hot tanks. • The BOH requested the Town Board include language in their permit approval, (separate from DEC's approval language) that would require Suit-Kote to install filters on all hot asphalt tanks in all current and future tanks at both facilities. • The BOH requested the Town Board require the installation of odor control apparatus on the emulsion tanks at Loring Crossing if the feasibility study determined it was feasible and reasonable to do so. 4. DEC indicated they are not sure which emission source (asphalt plant, trains, truck loading, or tanks) at Polkville was causing the greatest odors. They also stated that odors from the Polkville site were being controlled the best they reasonably could at this point, short of following California regulations where huge buildings are required to be built to contain emissions from truck loading. However, DEC also has data that indicated that the majority of complaints regarding asphalt odors still appear to be associated with the Polkville facility where the hot tanks are currently filtered, and not Loring Crossing. • The BOH requested the Town Board require Suit-Kote to determine which source was causing the greatest odors at the combined Polkville sites (terminal & asphalt plant). • The BOH also requested the Town Board require Suit-Kote to continue their efforts to find ways to better control the asphalt odors from their facilities. Mrs. Lewis thanked the Board for allowing the BOH to submit comments regarding the Aquifer Protection Permits, and submitted the letter from Jacquelyn Gailor to the Board to be received and filed. Supervisor Tupper questioned whether the BOH submitted the letter to the Planning Board at the time that the Planning Board met with the DEC. Mrs. Lewis stated the BOH's comments were not submitted to the Planning Board. Councilman Rocco requested Mrs. Lewis define the term "numerous" in regard to how many complaints have been made. Mrs. Lewis stated she gave the Town the number of complaints made at a previous meeting. She commented that even 10-15 complaints could be called numerous when the Health Department has to respond to the complaint, go to the site, and witnesses the complaint (the odor). Councilman Rocco stated that with an all the road construction that occurs, a lot of the odors are caused by trucks hauling asphalt. Mrs. Lewis stated the BOH was asking that a study be conducted to determine whether the odors are coming from the trucks or the asphalt facility. While touring Suit-Kote's facility, Councilman Rocco stated he noticed that odors were present while the trucks were being loaded with the asphalt. Paul Suits of Suit-Kote was asked to remind drivers to keep the hatch of the trucks at a 45-degree angle when loading the material to help reduce the emissions. Mr. Suits agreed to do so. Councilman Rocco suggested that odors are detected when the trucks are loaded and when the trucks travel the roads. Mrs. Lewis stated the BOH would determine exactly what activities result in the odors. Councilman Rocco questioned if the BOH had ever toured Suit-Kote's facility, and suggested they do so. Mrs. Lewis reported that the BOH had not toured the facility. Councilman Testa questioned how many complaints the BOH receives per year, not just relating to Suit-Kote. Mrs. Lewis reported that the BOH receives approximately 250 complaints a year, and approximately 20-30 complaints on odor. Supervisor Tupper offered privilege of the floor to Vittorio Panzanella. SEPTEMBER 19, 2007 PUBLIC HEARING NO. 2 PAGE 4 Vittorio Panzanella, owner of the Yellow Lantern Kampground, commented that every time Suit-Kote applied for a permit it would "get approved no matter what." He stated that Suit- Kote claims it is a good neighbor, but does not talk to its neighbors. Mr. Panzanella stated that from what he heard tonight, the fumes can cause skin problems. Mr. Panzanella apprised the Board that he and his family have health problems, including melanoma and asthma, and was concerned that his health problems may have been caused by Suit-Kote. He continued to name a few people who have passed away — perhaps as a result of Suit-Kote's operations. Supervisor Tupper offered privilege of the floor to Sandy Panzanella. Sandy Panzanella stated that the Cortland County Planning Department recommended approval be given for the Conditional and Aquifer Protection Permit contingent upon the applicant obtaining approval of the NYS DEC including possible modifications to existing air quality and major oil storage facility permits. If the Town Board approved Suit-Kote's application contingent on the County's recommendations, Mrs. Panzanella questioned who would be responsible for ensuring that the County's recommendations are fulfilled and disseminated to all interested parties. Supervisor Tupper apprised Mrs. Panzanella that it was the Town Code Enforcement Officer's (CEO) responsibility to make sure the conditions are met. Mrs. Panzanella questioned whether the CEO would be on site at all times to make sure the conditions were met. Supervisor Tupper stated the CEO would be on site as needed. Mrs. Panzanella stated that as a taxpayer she was concerned that Suit-Kote would not follow through with the conditions because it would not be monitored. She stated she was still waiting for Suit-Kote to install filters on the tanks, which they promised would be done. Supervisor Tupper questioned whether there were any further comments to be heard. Councilman Rocco asked Mr. Schutz to respond to Mrs. Panzanella's comments. Mr. Schutz reiterated that Suit-Kote, on its own initiative, offered and are proceeding to install the carbon absorption/mitigation equipment. The DEC then went on to require that Suit- Kote install the equipment in a certain manner. Mr. Schutz stated that Suit-Kote is not only keeping their promise to install the filters, and are trying to exceed that by putting a temporary system on its largest tank until approval is given by the DEC on the total application, and until O'Brien & Gere gives recommendations on the feasibility study. Councilman Rocco questioned Mr. Schutz and Mrs. Lewis if any health studies had been conducted on the risks of living near an asphalt plant. Mrs. Lewis commented that studies have been conducted on asphalt workers, however, not much information and/or data was available regarding the health effects on people who live near asphalt plants. Councilman Rocco stated he appreciated the comments made on the issue, and that it is difficult to draw results from different circumstances. Councilman Rocco also mentioned that he personally knew one of the individuals Mr. Panzanella mentioned who passed away perhaps as result of Suit-Kote. Councilman Rocco noted that the individual was also a heavy smoker. On a final note, Councilman Rocco questioned whether Suit-Kote had any documentation of reported illnesses or problems, perhaps involving cancer. Mr. Schutz did not have any such information. Attorney Folmer requested Mr. Schutz discuss Mr. Panzanella's comment that he had not been able to speak to representatives of Suit-Kote. Mr. Schutz recalled that the only time Mr. Panzanella asked to speak with him was directly after a Planning Board meeting, at which point he declined to speak with him. However, Mr. Schutz did not believe that Mr. Panzanella tried to speak with himself, Paul Suits, or any other Suit-Kote representative at any other time. He stated that Suit-Kote would welcome discussion with any person as long as the conversation was cordial. Supervisor Tupper requested Code Enforcement Officer, Tom Williams report on his investigation of the issue. CEO Tom Williams stated he conducted an investigation of the Loring Crossing area odor complaint at the Board's request, and completed a report on the monitoring activity. He questioned whether the Board wanted him to proceed with his report, which was an intra-agency communication and not subject to Freedom of Information at that time. CEO Williams asked Attorney Folmer to address his concern. 7-09 SEPTEMBER 19, 2007 PUBLIC HEARING NO. 2 PAGE 5 Attorney Folmer explained that the report issued by CEO Williams as a communication to the Board was an intra-agency communication and was exempt from requirements of the Freedom of Information Law (FOIL). However, in order to discuss the communication in open session, to refer to the communication, or to ask CEO Williams to comment on it, the report would become part of the minutes of the public hearing and subject to requirements of FOIL. Attorney Folmer did not believe that CEO Williams' intent was to keep the information from the pubic, but was being cognitive that the report was intra-agency document. Attorney Folmer suggested that if the Board asked CEO Williams to comment on his investigation, that the Board receive and file the communication. Members of the Board suggested the report be received and filed at the conclusion of the public hearing, and requested CEO Williams proceed with his report. CEO Williams apprised those in attendance that on July 6, 2007, Supervisor Tupper requested he investigate the odor complaint made by the Panzanella's. On July 7, 2007, CEO Williams met with Mrs. Panzanella at the Yellow Lantern Kampground office/store to introduce himself and to discuss the history of the situation. He asked her to notify him whenever there was a discernable odor present. From July 6 to September 18, 2007, CEO Williams made 67 random inspections and 1 inspection because of a specific complaint made, for a total of 68 inspections. CEO Williams reported there was one instance on July 23, 2007 that he received a message from Mrs. Panzanella concerning the odor. CEO Williams returned the call and visited the site that morning and found no odor. However, that same afternoon, CEO Williams detected a positive "strong" odor of liquid manure on Loring Crossing near the west end of the bridge. As a result, CEO Williams went to the Forbes Farm on Route 13 and discussed farm operations with a worker at the farm. The worker explained that the farm was in the process of spreading in excess of 100,000 gallons of liquid manure, much of it on fields the farm uses in the Slade Drive area. CEO Williams left a message concerning the odor from the farm at the Yellow Lantern Kampground. CEO Williams explained the scale he used to describe odors that were detected and reported there were 10 positive odor incidents, 9 of which he detected a "slight" odor. There was one instance that a "strong" odor was detected. Supervisor Tupper thanked CEO Williams for his detailed synopsis. Supervisor Tupper questioned whether there were any further comments to be heard. Town resident, Chris Farkas, apprised the Board he used to live on Crandall Street in the City of Cortland. Mr. Farkas agreed there was a problem with odor, and recalled mornings on Crandall Street when the odor of asphalt was very heavy and affected the ability to breathe. Mr. Farkas noted that Suit-Kote was an integral part of Cortland County as the company employs a large number of people. He stated that odors would be detected when roads are being paved, however, there was a problem with odors being detected from the tanks at the plant. Mr. Farkas suggested the Town take a firm stand on when the time frames would be met in terms of mitigation of the odors. He also hoped Suit-Kote would prove to be a good neighbor by meeting the time frames. Supervisor Tupper questioned whether Mr. Farkas was in favor or in opposition of the Aquifer Protection Permit. Mr. Farkas responded that he would be in favor of the application as long as a time frame was established for the proposed mitigation. In accordance with the recommendations from the County Planning Board, Attorney Folmer stated that the applicant must obtain approval from the DEC. In addition, the Health Department indicated that the DEC would conduct a feasibility study to determine the best method by which that could be accomplished. Given those two things, Attorney Folmer questioned Mr. Farkas how he would establish a time frame. Mr. Farkas stated it was up to the DEC to offer a time frame. He felt that the problem was serious and that the Town had a responsibility to its constituents to deal with the problem. Attorney Folmer stated he did not want to suggest that the problem was not serious, however he stated it was very difficult for the DEC to commit to a time frame. Audrey Lewis from the Cortland County Health Department made final comments regarding the DEC. No further comments or discussion were heard. Councilman Proud 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 6:00 p.m. 210 SEPTEMBER 19, 2007 G'X1112903 PUBLIC HEARING NO. 3 AQUIFER PROTECTION PERMIT SUIT-KOTE CORPORATION, APP. CORTLAND COUNTY IDA, RO POLKVILLE FACILITY US ROUTE 11/NYS ROUTE 41 TAX MAP #87.00-03-16.122 A Public Hearing was held by the Town Board of the Town of Cortlandville at the Raymond G. Thorpe Municipal Building, 3577 Terrace Road, Cortland, New York, concerning the Aquifer Protection Permit application submitted by Suit-Kote Corporation (Polkville Facility), permitting the installation of one 6,000,000 gallon asphalt storage tank instead of two previously approved 1,000,000 to 1,500,000 gallon asphalt storage tanks and to modify the northern section of the existing berm and the roadway. The property is located on US Route 11/NYS Route 41, behind Niagara Mohawk's Cortland substation, tax map parcel #87.00-03- 16.122. Members present: Supervisor, Richard C. Tupper Councilman, Theodore V. Testa Councilman, Edwin O'Donnell Councilman, Ronal L. Rocco Councilman, John C. Proud Town Clerk, Karen Q. Snyder Others present were: Town Attorney, John Folmer; Planning Board Member, Nick Renzi; Richard Schutz and Paul Suits representing Suit-Kote Corporation; Representatives of CAPE: Grace Meddaugh, Robert Rhodes; Sandy and Vittorio Panzanella, Yellow Lantern Kampground; George Ottenschot; Chris Farkas; Mahlon and Shirley Irish; Tony Reno; Dick Bovee; Norm Hunt; John DeLucia; Walter Alexander; Audrey Lewis, Cortland County Health Department; Mike Guerin; Evan Geibel, News Reporter for the Cortland Standard; and Sharon Stevans for Channel 2, Access TV. Supervisor Tupper called the Public Hearing to order. Town Clerk, Karen Q. Snyder read aloud the published, posted and filed legal notice. Supervisor Tupper offered privilege of the floor to Richard Schutz. Richard Schutz, Operations Manager for Suit-Kote Corporation, thanked Kathy Wickwire and the Town Planning Board for conducting a Special Planning Board Meeting, which included all the stakeholders. Mr. Schutz reported that all the pertinent issues were discussed at the Special Meeting, and it was determined that Suit-Kote met the criteria required for a Conditional Permit. The Planning Board also recommended the Town Board approve the Aquifer Protection Permit subject to the conditions recommended by the County Planning Board. Mr. Schutz apprised the Board that Suit-Kote's request was based upon the need to reconfigure a previously approved plan in order to install I large tank, No. 10, in place of several small tanks. The total quantity of material stored would be 1,000 gallons less than the quantity already approved. Mr. Schutz commented that Suit-Kote added staff and implemented the best management practices in order to minimize the potential release of fugitive odors during the transfer of asphalt cement. Suit-Kote has certain employees dedicated at the facility to the unloading of rail cars and the loading of transport trailers to make sure that drivers follow the regulations. The regulations included the following: make sure that fans are operational and are used as they are supposed to be; keep' the dump covers down when they are supposed to be down; close the dump covers before leaving the facility; follow the best management practices to minimize odors. Mr. Schutz stated that Suit-Kote intended to be a good neighbor, and would operate the facility in a manner that strives to minimize fugitive odors. In response to the letter submitted by CAPE regarding tank No. 6. He explained that Suit-Kote corrected all deficiencies in the tank as soon as notice was received from the DEC, and immediately after O'Brien & Gere's review. Suit-Kote did not wait for approval from the DEC, and did not wait for a requirement from the DEC. Mr. Schutz stated it was less than a week from the time that Suit-Kote received notice from the DEC that the deficiencies were resolved. 1 1 1 SEPTEMBER 19, 2007 PUBLIC HEARING NO. 3 PAGE 2 z11 Supervisor Tupper offered privilege of the floor to those in attendance. There were no requests made for privilege of the floor. Attorney Folmer recommended that comments made during Public Hearing No. 2, Suit- Kote Corporation - Loring Crossing Facility, that related to the Polkville Facility be incorporated into the record of this public hearing. The Board agreed to the inclusion of such comments. (Refer to Public Hearing No. 2 to review comments.) No further comments or discussion were heard. Councilman Proud 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 6:08 p.m. E LI SEPTEMBER 19, 2007 6:08 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 Town Clerk, Karen Q. Snyder Others present were: Town Attorney, John Folmer; Planning Board Member, Nick Renzi; Richard Schutz and Paul Suits representing Suit-Kote Corporation; Representatives of CAPE: Grace Meddaugh, Robert Rhodes; Sandy and Vittorio Panzanella, Yellow Lantern Kampground; George Ottenschot; Chris Farkas; Mahlon and Shirley Irish; Tony Reno; Dick Bovee; Norm Hunt; John DeLucia; Walter Alexander; Audrey Lewis, Cortland County Health Department; Mike Guerin; Evan Geibel, News Reporter for the Cortland Standard; and Sharon Stevans for Channel 2, Access TV. Supervisor Tupper called the meeting to order Councilman Proud made a motion, seconded by Councilman Rocco, to receive and file the Memorandum from Town Code Enforcement Officer, Tom Williams, dated September 19, 2007, regarding the investigation and monitoring of Suit-Kote's Loring Crossing facility with regard to odor. All voting aye, the motion was carried. Councilman Proud made a motion, seconded by Councilman Rocco, to receive and file correspondence from Jacquelyn H. Gailor, Cortland County Public Health Director, dated September 19, 2007, regarding the Aquifer Protection Permit applications submitted by Suit- Kote Corporation for both the Loring Crossing Facility and the Polkville Facility. All voting aye, the motion was carried. Councilman Proud made a motion, seconded by Councilman Rocco, to receive and file correspondence from Grace Meddaugh submitted on behalf of CAPE, dated September 19, 2007, regarding the Aquifer Protection Permit applications submitted by Suit-Kote Corporation for both the Loring Crossing Facility and the Polkville Facility. All voting aye, the motion was carried. Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and file the Zoning Board of Appeals Minutes of June 26, 2007. All voting aye, the motion was carried. The Draft Town Board Minutes of September 5, 2007 were presented to the Board for their review. RESOLUTION #188 AUTHORIZE PAYMENT OF VOUCHERS — SEPTEMBER r, Motion by Councilman Proud 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 #495 - 528 $ 88,324.69 General Fund B B 114 - B 124 $ 44,849.16 Highway Fund DA $ 4,964.00 Highway Fund DB D348 - D373 $123,051.44 Water Fund W 190 - W204 $ 44,641.34 Sewer Fund S77 - S81 $ 68,645.18 Trust & Agency T17 - T18 $ 32,048.55 Capital Projects H56 - H56 $ 904.50 Special Grant SG32 - SG50 $ 44,595.68 1 11 1 Z13 SEPTEMBER 19, 2007 TOWN BOARD MEETING PAGE 2 Supervisor Tupper offered privilege of the floor to those in attendance. No requests were made for privilege of the floor. The monthly reports of the Town Justice and Supervisor for the month of August 2007 were on the table for review and are filed in the Town Clerk's Office. Under communications, Supervisor Tupper apprised the Board the Town received notice that a public meeting would be held by the NYS DEC, Cortland Office, on October 4, 2007 at 7:00 p.m. regarding the "Remedy Proposed for the South Hill Dump." Information was available for review at the Cortland Free Library. Attorney Folmer and the Board reviewed the SEQR Short Environmental Assessment Form for the Aquifer Protection Permit application submitted by the Groton Congregation of Jehovah's Witnesses for property located off NYS Route 222/Sears Road. With regard to Part II, C4, and adverse effects that could result with "A community's existing plans or goals as officially adopted, or a change in use or intensity of use of land or other natural resources," the Board answered "None — but note possible tax consequence." RESOLUTION #189 DECLARE NEGATIVE IMPACT FOR AQUIFER PROTECTION PERMIT #8 OF 2007 SUBMITTED BY THE GROTON CONGREGATION OF JEHOVAH'S WITNESSES FOR PROPERTY LOCATED OFF NYS ROUTE 222/SEARS ROAD Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE ADOPTED WHEREAS, an Aquifer Protection Permit application was submitted by the Groton Congregation of Jehovah's Witnesses, permitting the construction of a 4,416 +/- sq. ft. religious institution with accessory parking on the 5.3+/- acre parcel, located on the north side of NYS Route 222 and south side of Sears Road, approximately 800 ft. west of the NYS Route 222/Sears Road intersection, owned by Leland & Carolyn Davis, a portion of tax map parcel #95.00-01- 26.000, 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 the Groton Congregation of Jehovah's Witnesses, Aquifer Protection Permit #8 of 2007, shall have no significant environmental impact. RESOLUTION #190 AUTHORIZE SUPERVISOR TO SIGN SEQRA APPLICATION OF AQUIFER PROTECTION PERMIT #8 OF 2007 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 48 of 2007, submitted by the Groton Congregation of Jehovah's Witnesses. 2.1 LA SEPTEMBER 19, 2007 TOWN BOARD MEETING PAGE 3 RESOLUTION #191 APPROVE AQUIFER PROTECTION PERMIT #8 OF 2007 SUBMITTED BY THE GROTON CONGREGATION OF JEHOVAH'S WITNESSES FOR PROPERTY LOCATED OFF NYS ROUTE 222/SEARS ROAD 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 #8 of 2007, submitted by the Groton Congregation of Jehovah's Witnesses, permitting the construction of a 4,416 +/- sq. ft. religious institution with accessory parking on the 5.3+/- acre parcel, located on the north side of NYS Route 222 and south side of Sears Road, approximately 800 ft. west of the NYS Route 222/Sears Road intersection, owned by Leland & Carolyn Davis, a portion of tax map parcel #95.00-01-26.000, subject to the following conditions from the Town and County Planning Boards: 1. The applicant submitting driveway/culvert details, including the proposed guide rail details, to the County Highway Superintendent, since Sears Road is a County road, and obtain approval of their design. including the proposed driveway location and culvert size/width per County Highway Law Section 136. 2. The applicant preparing and receiving approval of a stormwater pollution prevention plan for the site per the Town's stormwater ordinance since the proposal would result in more than 10,000 sq. ft. of impervious surface on site. 3. The filing of a Notice of Intent with the NYS Department of Environmental Conservation (DEC) and the preparation of a stormwater pollution prevention plan for the site per the NYS Phase II stormwater regulations since the proposal will result in the disturbance of at least one acre of land. 4. The applicant obtaining well and septic permits from the County Health Department including' any additional requirements for a place of public assembly using a private well. 5. A negative declaration of environmental impact under SEQR. AND IT IS FURTHER RESOLVED, the Supervisor is hereby authorized to sign the permit. Councilman O'Donnell reminded the Board of the May 2, 2007 Town Board Meeting when Dave Nourse apprised the Board of his intent to open a Youth Center in the Village of McGraw. Councilman O'Donnell apprised the Board he received a phone call from the Village of McGraw asking that he convey to the Board that while Mr. Nourse has good intentions, the program is not sanctioned by the McGraw Recreation Department. Therefore, none of the funds budgeted for the McGraw Recreation Department contract would be utilized for Mr. Nourse's program. Attorney Folmer and the Board reviewed the SEQR Short Environmental Assessment Form for the Aquifer Protection Permit application submitted by Suit-Kote Corporation for the Loring Crossing Facility. There was discussion regarding question Cl, and whether the action could result in an adverse effect associated with the existing air quality. Councilman Rocco commented that Suit- Kote was doing as much as they possibly could to reduce the odors. He hoped that the new filtering system would reduce the odors. Councilman Rocco thanked CEO Williams for his report on the issue. Councilman O'Donnell commented that the odors do not last all day long. Attorney Folmer suggested the- Board's response state that there is a concern with air quality, however mitigation measures presently in place and to be put in place would mitigate to SEQRA standards. Councilman O'Donnell stated that CEO Williams should continue to monitor the situation 215 SEPTEMBER 19, 2007 TOWN BOARD MEETING PAGE 4 Councilman Proud stated there was a distinction between air quality and odor. The DEC would monitor air quality and would do so to specific standards. The DEC would look for specific levels of chemicals in the air. The odor is not a major concern to the DEC, although it is a major concern to the people who live near the facility. It may not be a health issue, but is an aggravating issue. With regard to Part II, E, "Is there, or is there likely to be, controversy related to potential adverse environmental impacts?" the Board answered "Yes — Concern over odor emissions." RESOLUTION #192 DECLARE NEGATIVE IMPACT FOR AQUIFER PROTECTION PERMIT #9 OF 2007 SUBMITTED BY SUIT- KOTE CORPORATION FOR THE LORING CROSSING FACILITY Motion by Councilman O'Donnell Seconded by Councilman Proud VOTES: ALL AYE ADOPTED WHEREAS, an Aquifer Protection Permit application was submitted by Suit-Kote Corporation (Loring Crossing Facility), permitting the installation of a total of 7 tanks for the storage of liquid asphalt emulsion at the emulsion mill and a total of 20 tanks for various uses at the modified asphalt mill, for property located on the south side of Loring Crossing, approximately 650 ft. east of NYS Route 13, tax map parcel #77.00-01-22.000, 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 Suit-Kote Corporation, Aquifer Protection Permit 49 of 2007, shall have no significant environmental impact. RESOLUTION 4193 AUTHORIZE SUPERVISOR TO SIGN SEQRA APPLICATION OF AQUIFER PROTECTION PERMIT #9 OF 2007 Motion by Councilman O'Donnell Seconded by Councilman Proud VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Supervisor is hereby authorized and directed to sign the SEQRA application relating to Aquifer Protection Permit #9 of 2007, submitted by Suit-Kote Corporation. There was discussion regarding the conditions set forth by the Town and County Planning Boards. Attorney Folmer suggested the Board consider modifying condition #1 recommended by the County Planning Board to include that the "applicant obtain approval from the DEC and remain in compliance with the DEC directions relating to possible modifications to existing air quality and major oil storage facility permits." Councilman Testa questioned whether Suit-Kote was aware of when the DEC visits the facility; how often the DEC visits the facility; and whether the DEC would forward its reports to the Town. Dick Schutz apprised the Board the DEC may call Suit-Kote first, or may randomly visit the site. Attorney Folmer suggested the Board request that CEO Williams contact the appropriate people at the DEC and notify them as to what action the Board took, as well as to ask the DEC whether any of the recommendations made have not been complied with. The Board agreed to modify condition #1 and to approve the permit subject to the four conditions made by the Town and County Planning Boards. z1( SEPTEMBER 19, 2007 TOWN BOARD MEETING PAGE 5 RESOLUTION #194 APPROVE AQUIFER PROTECTION PERMIT #9 OF 2007 SUBMITTED BY SUIT-KOTE CORPORATION FOR THE LORING CROSSING FACILITY SUBJECT TO CONDITIONS Motion by Councilman Rocco Seconded by Councilman O'Donnell 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 #9 of 2007, submitted by Suit-Kote Corporation, permitting the installation of a total of 7 tanks for the storage of liquid asphalt emulsion at the emulsion mill and a total of 20 tanks for various uses at the modified asphalt mill, for property located on the south side of Loring Crossing, approximately 650 ft. east of NYS Route 13, tax map parcel #77.00-01-22.000, subject to the following conditions from the Town and County Planning Boards: 1. The applicant obtain approval of the NYS Department of Environmental Conservation (DEC) and remain in compliance with DEC directions relating to possible modifications to existing air quality and major oil storage facility permits. 2. The applicant provide the Town with provisions for removal of the tanks once they are no longer in use. 3. Compliance with the Town's flood damage prevention regulations as is required for a development permit for flood hazard areas. 4. A negative declaration of environmental impact under SEQR. AND IT IS FURTHER RESOLVED, the Supervisor is hereby authorized to sign the permit. Attorney Folmer and the Board reviewed the SEQR Short Environmental Assessment Form for the Aquifer Protection Permit application submitted by Suit-Kote Corporation for the Polkville Facility. The Board determined that the same language used for Suit-Kote's Loring Crossing Facility Short EAF would be appropriate as well for the Polkville Facility application. RESOLUTION 4195 DECLARE NEGATIVE IMPACT FOR AQUIFER PROTECTION PERMIT #10 OF 2007 SUBMITTED BY SUIT- KOTE CORPORATION FOR THE POLKVILLE FACILITY Motion by Councilman Proud Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED WHEREAS, an Aquifer Protection Permit application was submitted by Suit-Kote Corporation (Polkville Facility), permitting the installation of one 6,000,000 gallon asphalt storage tank instead of two previously approved 1,000,000 to 1,500,000 gallon asphalt storage tanks and to modify the northern section of the existing berm and the roadway, property located on US Route 11/NYS Route 41, behind Niagara Mohawk's Cortland substation, owned by Cortland County IDA, tax map parcel #87.00-03-16.122, 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 Suit-Kote Corporation, Aquifer Protection Permit 910 of 2007, shall have no significant environmental impact. 217 SEPTEMBER 19, 2007 TOWN BOARD MEETING PAGE 6 RESOLUTION #196 AUTHORIZE SUPERVISOR TO SIGN SEQRA APPLICATION OF AQUIFER PROTECTION PERMIT #10 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 #10 of 2007, submitted by Suit-Kote Corporation, property owned by the Cortland County IDA. RESOLUTION #197 APPROVE AQUIFER PROTECTION PERMIT #10 OF 2007 SUBMITTED BY SUIT-KOTE CORPORATION FOR THE POLKVILLE FACILITY SUBJECT TO CONDITIONS Motion by Councilman Proud Seconded by Councilman Rocco 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 410 of 2007, submitted by Suit-Kote Corporation, permitting the installation of one 6,000,000 gallon asphalt storage tank instead of two previously approved 1,000,000 to 1,500,000 gallon asphalt storage tanks and to modify the northern section of the existing berm and the roadway, property located on US Route I I/NYS Route 41, behind Niagara Mohawk's Cortland substation, owned by Cortland County IDA, tax map parcel #87.00-03-16.122, subject to the following conditions from the Town and County Planning Boards: 1. The applicant providing the Town with provisions for removal of the proposed tanks once they are no longer in use. 2. Modification of the NYS Department of Environmental Conservation (DEC) SPDES permit and Major Oil Storage Facilities permit, if required by the DEC. 3. A negative declaration of environmental impact under SEQR. AND IT IS FURTHER RESOLVED, the Supervisor is hereby authorized to sign the permit. Attorney Folmer requested that when CEO Williams met with the DEC to discuss Suit- Kote's applications, that he not only request the Feasibility Study be completed as quickly as possible, but also question whether the DEC estimated how long it would take to complete the study. Attorney Folmer reported: Article 78 Proceeding - C.A.P.E. vs. Town of Cortlandville: Attorney Folmer apprised the Board the Decision and Order concerning the Article 78 Proceeding, C.A.P.E. vs. Town of Cortlandville, regarding the Wal-Mart Supercenter PUD application, was filed with the Cortland County Clerk on August 13, 2007. The 30-day period to file a notice of appeal expired. Attorney Folmer did not have notice of such an appeal being filed. Bonding for Expansion/Renovation of Raymond G. Thorpe Municipal Building: Attorney Folmer apprised the Board the required publication of the Bond Resolution adopted at the August 20, 2007 Special Town Board Meeting, was published September 1, 2007 in the Cortland Standard. The 20-day waiting period would expire September 21, 2007. Attorney Folmer would be in contact with Bond Counsel in New York. 218 SEPTEMBER 19, 2007 TOWN BOARD MEETING PAGE 7 Councilman 'Proud questioned why there was a delay in the publication of the Bond Resolution. Town Clerk Snyder explained that the legal notice was emailed to the Cortland Standard on August 21, 2007 as required. When she did not receive the requested affidavits of publication, Town Clerk Snyder contacted the Cortland Standard and discovered that the email was received, but never opened. Therefore the legal notice was not published immediately after the adoption of the Bond Resolution. Attorney Folmer added that the Cortland Standard has a 48-hour waiting period before a legal notice is published. Local Law - Administration & Enforcement of the NYS Uniform Fire Prevention & Building Code: Attorney Folmer commented on the proposed adoption of a Local Law for the Administration & Enforcement of the New York State Uniform Fire Prevention & Building Code. Town officials recently met with representatives from Atlantic Inland to discuss and develop a reasonable fee structure that the Town could charge for various inspections. Attorney Folmer suggested he redraft the proposed ordinance to include language that would allow the Board to change the fees as needed by Town Board resolution, rather than having to go through the lengthy process of amending the proposed local law in the future. The Board agreed with Attorney Folmer's suggestion and authorized him to make the revision to the proposed ordinance. RESOLUTION #198 AUTHORIZE SUPERVISOR TO ISSUE A REFUND TO THE CORTLAND COUNTY AREA AGENCY ON AGING IN THE AMOUNT OF $75.00 Motion by Councilman Testa Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED WHEREAS, the Cortland County Area Agency on Aging — Nutrition Program, submitted the fee of $75.00 to the Town of Cortlandville for use of the Cortlandville Citizens Park, and WHEREAS, due to inclement weather the Agency was not able to use the park, therefore BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to issue a refund in the amount of $75.00 to the Cortland County Area Agency on Aging — Nutrition Program, and it is further RESOLVED, correspondence from Patricia Armstrong, Nutrition Program Director of the Cortland County Area Agency on Aging, dated September 10, 2007, is hereby received and filed. RESOLUTION # 199 AUTHORIZE CHANGE ORDER 01-11 FROM DIAMOND & THIEL CONSTRUCTION CO.; CHANGE ORDER 04-06 AND 04-07 FROM KNAPP ELECTRIC INC.; AND CHANGE ORDER 03-04 FROM KING & KING MECHANICAL INC., FOR THE EXPANSION/RENOVATION OF THE RAYMOND G. THORPE MUNICIPAL BUILDING Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board hereby authorizes and directs the Supervisor to execute change order 01-11 from Diamond & Thiel Construction Co. in the amount of $4,998.00; change order 04-06 from Knapp Electric Inc. in the amount of $1,375.00; change order 04-07 from Knapp Electric Inc. in the amount of $30,000.00 (credit); and change order 03-04 from King & King Mechanical Inc. in the amount of $11,506.00, for the Expansion/Renovation of the Raymond G. Thorpe Municipal Building. LJ [1 219 SEPTEMBER 19, 2007 TOWN BOARD MEETING PAGE 8 Supervisor Tupper apprised the Board he received notice that Jeff MacLean, a Water & Sewer Operator for the Town Water & Sewer Department, successfully passed the required Civil Service Exam. Although Mr. MacLean had been a Town employee for many years, there was a I8-week minimum probation period before he would become a permanent Town employee. The Town Board was very pleased that Mr. MacLean passed the Civil Service Exam. RESOLUTION #200 APPOINT JEFF MACLEAN AS WATER TREATMENT PLANT OPERATOR FOR THE TOWN OF CORTLANDVILLE IN ACCORDANCE WITH THE CIVIL SERVICE LAW Motion by Councilman O'Donnell Seconded by Councilman Proud VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board hereby appoints Jeff MacLean as Water Treatment Plant Operator for the Town of Cortlandville Water & Sewer Department in accordance with the Civil Service Law. RESOLUTION #201 AUTHORIZE HIGHWAY SUP'T. TO HIRE LONNA MAXSON AS TEMPORARY KEYBOARD SPECIALIST Motion by Councilman O'Donnell Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board hereby authorizes Highway Sup't., Carl Bush to hire Lonna Maxson as temporary Keyboard Specialist at $17.95 per hour, with no benefits, to help train a new employee, effective September 25, 2017" RESOLUTION #202 AUTHORIZE HIGHWAY SUP'T. TO SEND SURPLUS EQUIPMENT TO THE PUBLIC MUNICIPAL AUCTION IN SYRACUSE, NEW YORK ON OCTOBER 27, 2007 Motion by Councilman Rocco Seconded by Councilman Proud VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board hereby authorizes and directs Highway Sup't., Carl Bush to send the following surplus equipment to the Public Municipal Auction in Syracuse, New York on October 27, 2007: - 1988 Dodge D-350 Stake Rake with 108,196 miles — s/n IB6MD3453JS768613 - 1994 Chevrolet K-350 Dump Truck with 74,261 miles — s/n 1GBJK34N2RE309916 - 1993 Ford F-150 Pick -Up Truck with 91,928 miles — s/n 1FTEX14N1PKB37122 - 1999 Daewoo Mega 250 3Yard Loader with 3073 hours — s/n 1144 - 1998 John Deere 425 Garden Tractor, 20hp gas, with 1252 hours — s/n M00425A55860 - 2000 John Deere 425 Garden Tractor, 20hp gas, with 1413 hours — s/n M00425A071741 Miscellaneous Old Computer Parts Councilman O'Donnell made a motion, seconded by Councilman Proud, to receive and file correspondence from Jim Stevens, 14 Hillcrest Drive, dated September 16, 2007, to Highway Sup't., Carl Bush, regarding water issues across the Stevens' Farm on NYS Route 281. All voting aye, the motion was carried. Zz.o SEPTEMBER 19, 2007 TOWN BOARD MEETING PAGE 9 RESOLUTION #203 AUTHORIZE SUPERVISOR TO TRANSFER $904.50 FROM GENERAL FUND A TO THE HJ BUILDING FUND Motion by Councilman O'Donnell Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED WHEREAS, the Supervisor requested a transfer of funds from General Fund A to the Capital Project Building Fund, therefore BE IT RESOLVED, the Supervisor is hereby authorized and directed to transfer $904.50 from General Fund A to the Capital Project Building Fund, and it is further RESOLVED, that General Fund A will be reimbursed when the project is bonded. Supervisor Tupper thanked Kathy Wickwire, Chair of the Town Planning Board, for conducting a special meeting with all the interested parties, including the neighbors, with regard to the Suit-Kote Corporation applications. Supervisor Tupper announced that the Town's Open House would be held Thursday, September 27, 2007 from 9:00 a.m. to 4:00 p.m. Town residents and the general public were invited to tour the new and improved municipal building. 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, ZI' I 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 November 7, 2007. 1 1