HomeMy WebLinkAbout05-21-2003MAY 21, 2003
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PUBLIC HEARING NO. 1
AQUIFER PROTECTION PERMIT
GREGORY LEACH - TRANSFER STATION
NYS ROUTE 13
#77.00-04-09.000
A Public Hearing was held by the Town Board of the Town of Cortlandville at the
Town Hall, 3577 Terrace Road, Cortland, New York, regarding an Aquifer Protection
Permit permitting the construction and operation of a transfer station for the consolidation
of commercial and household waste.
Members present:
Absent:
Supervisor, Raymond Thorpe
Councilman, Theodore Testa
Councilman, Edwin O'Donnell
Councilman, John Pilato
Town Clerk, Karen Q. Snyder
Councilman, Ronal Rocco
Others present were: Town Attorney, John Folmer; Town Highway Sup't. Carl
Bush; James Trasher of Clough, Harbour & Associates; Attorney Don Armstrong; Chuck
Feiszli of Resource Associates; Gregory and Barbara Leach of Leach's Custom Trash
Serivice; Jill Giocondo of the Cortland Standard; Planning Board Member, Nick Renzi;
Tom Gallagher; Pete Testa; Town resident, Willis Tolner; Larry Hirschfield of Cortland
Sports Complex; Edward Greemnan of Greenman's Electric; Eric Mulvihill from WXHC;
and Cortland Sanitation employees.
notice.
Supervisor Thorpe called the Public Hearing to order.
Town Clerk, Karen Q. Snyder, read aloud the published, posted and filed legal
Supervisor Thorpe offered privilege of the floor to those in attendance.
Don Armstrong, Attorney for Gregory Leach, apprised the Board Mr. Leach has
been in the trash business for 25 years, and has operated a successful business at the NYS
Route 13 location since 1985. Due to a change in economics with the business, Mr. Leach
wished to operate a transfer station from that site.
The Town Zoning Board of Appeals granted a Use Variance at the current site for
the transfer station. The Town Planning Board granted a Conditional Permit and gave a
favorable recommendation to the Town Board in regards to the Aquifer Protection Permit
application. There is also a pending application with the NYS DEC in regard to the
transfer station, since transfer stations are a regulated activity by the NYS DEC. The
decision made by the DEC is independent from the decision made by the Board.
Gregory Leach apprised the Board the proposed transfer- station would be
constructed next to the current shop on NYS Route 13. From the roadside, the westerly
side of the building would be visible, but onlookers would not be able to tell that the
building contained garbage. There would be two doors facing north and one facing east.
The easterly door would have access for the trash trailer to back into. The two doors
facing the north would be used for access by trucks — one door for trash and the other for
recyclables. The recyclables would be kept inside the proposed building in bins until a
large load was consolidated and shipped out.
The trash would be contained on the opposite side of the building from the
recyclables. At the end of the workday the trash would go directly into a trailer. Based on
current volume there would be a load of trash every other day. The floors where the
garbage would be put, would be cleaned nightly. In the evening the doors to the transfer
station would be shirt, meaning odors would be contained and no trash would escape the
building.
Mr. Leach apprised the Board he would be trained by the DEC on how to manage
the facility, such as how to spot and handle any problems.
MAY 21, 2003 PUBLIC HEARING NO. 1 PAGE 2
Mr. Leach informed the Board the routes for trash pick-up would not change. What
would change is that the trucks would not have to exit the property and go towards the
County Landfill. The only increase in traffic would be three to four tractor -trailer loads
leaving the site and heading back to Route 81. Mr. Leach stated the NYS DOT was
contacted. The DOT did not see a problem with the added traffic.
Mr. Leach apprised the Board he has faced many hardships including going to the
landfill, the weather, with metal in the loads, and with the recycling center burning clown.
The proposed transfer station would eliminate problems, consolidate the process, and be a
positive step for the business for the next twenty-five years.
Chuck Feiszli of Resource Associates discussed the technical concerns in respect to
the aquifer regarding the operation of the transfer station. No waste would be outside of
the building. Steps would be taken to ensure that any spills on site would be contained.
The facility would also be two -tiered.
Mr. Feiszli stated Mr. Leach was in compliance with the basic requirements of the
NYS DEC. The DEC posed further questions regarding the proposed transfer station
which were being answered. The DEC would require Mr. Leach and his employees to be
trained to recognize any wastes and how they should be handled. The permit for the
transfer station would be for 5,000 tons a year. If Mr. Leach wanted to increase the tons
per year he would have to reapply for another permit.
Supervisor Thorpe offered privilege of the floor to Town of Cortlandville residents
in opposition or in favor of the transfer- station.
Pete Testa, 18 Hickory Park, apprised the Board there are approximately 280
parcels of land, most of them occupied by single f amily homes, within %Z mile from Leach's
Custom Trash. In addition there is a church, a medical center, and a school. He claimed
Those parcels would be directly down wind from the proposed transfer station and asked
the Board to keep in mind the effects the transfer station would have on the neighborhood.
Willis Tolner, of East River Road, questioned how the odors would be contained.
Attorney Armstrong stated he had letters from people who live and work near- the
site including Greenman's Electric, the Statewide Country Music Association, Mr. Jewett,
as well as a petition signed by residents in support of the transfer station. Those people in
favor of the Transfer station were familiar with how Mr. Leach operated his business.
Councilman O'Donnell stated the Town received several letters and phone calls
from Town residents concerned about the proposed transfer station.
Edward Greenman of Greenman's Electric spoke in favor of the transfer station. He
stated Leach's Custom Trash has taken on a great responsibility since the Cortland
Recycling Center burned down.
Attorney Fohner apprised the Board he had a letter from Mrs. Curtis, 1771 NYS
Route 13, as well as from Nick Renzi of Davinci Drive, in opposition to the transfer
station. He wanted to make sure the letters were received for the record along with the
letters submitted by Attorney Armstrong.
Attorney Armstrong stated there was no doubt there would be opposition to the
transfer station. As a reminder, he stated the application was for an Aquifer Protection
Permit and it should be reviewed in such context. He stated the information submitted to
the Board more than adequately addressed any concerns related to the aquifer.
No further comments or discussions were heard.
Councilman Pilato made a motion, seconded by Councilman O'Donnell, to close the
Public Hearing. All voting aye, the motion was carried.
The Public Hearing was closed at 5:25 p.m.
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MAY 21, 2003
5:25 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
Councilman, John Pilato
Town Clerk, Karen Q. Snyder
Councilman, Ronal Rocco
Others present were: Town Attorney, John Folmer; Town Highway Sup't. Carl
Bush; James Trasher of Clough, Harbour & Associates; Attorney Don Armstrong; Chuck
Feiszh of Resource Associates; Gregory and Barbara Leach of Leach's Custom Trash
Serivice; Jill Giocondo of the Cortland Standard; Planning Board Member, Nick Renzi,
Tom Gallagher; Pete Testa; Town resident, Willis Tolner; Larry Hirschfield for Cortland
Sports Complex; Edward Greenman of Greenman's Electric; Eric Mulvihill from WXHC;
and Cortland Sanitation employees.
Supervisor Thorpe called the meeting to order.
Councilman O'Donnell made a motion, seconded by Councilman Testa, to approve
the Town Board Minutes of April 22, 2003 as written. All voting aye, the motion was
carried.
Councilman Testa made a motion, seconded by Councilman Pilato, to receive and file
Planning Board Minutes of March 25, 2003. All voting aye, the motion was carried.
Councilman Pilato made a motion, seconded by Councilman O'Donnell, to receive
and file Zoning Board of Appeals Minutes of March 25, 2003. All voting aye, the motion
was carried.
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 #217 - 238
$
8,021.26
S General Fund B
B38 - B38
$
1,452.27
Highway Fund DB
D 148 - D 177
$
84,151.58
Water Fund
W 100 - W 110
$
33,616.41
Sewer Fund
S44 - S48
$
70,610.83
Capital Projects
1110 - H14
$
3,613.03
Supervisor Thorpe offered privilege of the floor to Larry Hirschfield.
Larry Hirschfield, President of Cortland Sports Complex, apprised the Board in
order to apply f or a loan through the Urban Development Agency he must obtain a letter of
support from the Town. The letter of support would be in respect to the concept of the
project rather than showing any financial responsibility on behalf of the Town.
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MAY 21, 2003 TOWN BOARD MEETING PAGE 2
Supervisor Thorpe requested Mr. Hirschfield draft a letter and forward it to his
secretary.
Mr. Hirschfield apprised the Board Cortland Sports Complex was working with
CEO Bruce Weber to obtain the appropriate building permits. He requested the Town
either waive or reduce the permit fees to reflect the 2001 fee schedule, since the
applications for the sports complex began in 2001. The current fees for 2003 would be
over $10,000, while the fees in 2001 would have been between $1,000 to $2,000.
Attorney Folmer reminded the Board they previously refused to waive fees of this
sort.
Town Clerk Karen Q. Snyder questioned what the original application date for the
permits was, as the Town's fee schedule went into effect May 1, 2002.
Mr. Hirschfield stated the original site plan application was submitted July 31, 2001.
Attorney Folmer recommended the Board table the request until the June 4t'', 2003
meeting allowing him the opportunity to speak with CEO Bruce Weber.
Monthly reports for the Justice for the month of April 2003 are on the table for
review and filed in the Town Clerk's office.
There was a brief discussion regarding the Aquifer Protection Permit application
submitted by Gregory Leach for the proposed transfer station.
Attorney Folmer apprised the Board the engineering report submitted by Mr. Feiszli
was reviewed by James Trasher of Clough, Harbour & Associates.
Attorney Folmer and the Board reviewed Part 2 of the SEQRA, which identified the
potential impacts of the proposed transfer station. There were six to seven potentially large
impacts identified by Clough, Harbour & Associates, which could be subject to mitigation
by expansion of additional inf ormation in the engineering statement. Theref ore, a Long
Environmental Assessment Form must be completed.
RESOLUTION #97 DECLARE POSITIVE IMPACT FOR AQUIFER
PROTECTION PERMIT SUBMITTED BY GREGORY
LEACH FOR PROPERTY LOCATED AT 1834 NYS ROUTE
13 AND REQUIRE PART 3 OF THE FULL
ENVIRONMENTAL ASSESSMENT FORM BE
COMPLETED AND SUBMITTED
Motion by Councilman Testa
Seconded by Councilman O'Donnell
VOTES: ALL AYE ADOPTED
WHEREAS, an Aquifer Protection Permit application was submitted by Gregory Leach
for property located at 1834 NYS Route 11 permitting the construction and operation of a
transfer station for the consolidation of commercial and household waste, tax map #77.00-
04-09.000, and
WHEREAS, the Town Board, as Lead Agent, duly reviewed and completed the Full
Environmental Assessment Form, therefore
BE IT RESOLVED, the Town Board, as Lead Agent, does hereby declare a positive
impact for the Aquifer Protection Permit submitted by Gregory Leach, and it is further
RESOLVED, Part 3 of the Full Environmental Assessment Form is required to be
completed and submitted.
Councilman Testa made a motion, seconded by Councilman O'Donnell, to receive
and file correspondence submitted by Gregory Leach and Attorney Don Armstrong. All
voting aye, the motion was carried.
The correspondence submitted was in regards to neighboring property owners in
favor of the proposed transfer station.
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MAY 21, 2003
TOWN BOARD MEETING
PAGE 3
Attorney Folmer reported:
Bond Anticipation Notes:
Attorney Folmer apprised the Board three Bond Anticipation Notes for Crestwood
Court and Page Green Road are due June 5 ', 2003. He stated he was in contact with two
financial institutions seeking quotation of rates. He hoped to have the rates available for
the June 4, 2003 meeting in order to renew the BANS on time.
Rerob, LLC.
Attorney Folmer apprised the Board he was served with a copy of a Petition and a
Notice of Petition and affidavit in the Rerob, LLC matter, returnable to Horable Phillip R.
Rumsey, Justice of Supreme Court, at the Cortland County Courthouse on the 11' day of
July, 2003 at 9:30 a.m. The Notice of Petition was for Declaratory Judgment pursuant to
Article 78 of the CPLR.
Attorney Folmer requested the Board conduct an executive session to discuss the
pending litigation.
Councilman Testa questioned whether there was any news regarding the Highland
Road sanitary sewer main project.
Attorney Folmer apprised Councilman Testa nothing had changed since the last
Board Meeting regarding financing and will not change until the public notice was mailed.
Supervisor Thorpe reminded the Board the June 4t'', 2003 Board Meeting would be
held at the Blodgett Mills Independent Baptist Church in Blodgett Mills, while the June
186', 2003 meeting would be held at the Cortlandville Fire Department located at 999 NYS
Route 13, due to Town Hall renovations.
Councilman O'Donnell made a motion, seconded by Councilman Pilato, to receive
and file correspondence from John Lutz, Superintendent of Cortland City Schools
regarding the proposed Community Park Project located on Stair Road. All voting aye the
motion was carried.
Councilman O'Donnell made a motion, seconded by Councilman Pilato, to receive
and file correspondence from Andrew J. Damiano, City of Cortland Director of
Administration & Finance, regarding the proposed Community Park Project located on
Stan- Road. All voting aye, the motion was carried.
RESOLUTION #98 AUTHORIZE HIRING SALLY BOISE FOR A
TEMPORARY PART-TIME POSITION TO ASSIST THE
TOWN JUSTICE
Motion by Councilman Pilato
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
WHEREAS, the Town Justice has requested temporary part-time help due to the maternity
leave of Court Clerk, Margaret Capps, therefore
BE IT RESOLVED, the Town Board does hereby authorize the Town Justice to hire Sally
Boise for a temporary part-time position for an hourly wage of $11.02.
Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive
and file correspondence from Marsha Havran regarding the proposed Super Wal-Mart.
All voting aye, the motion was carried.
Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive
and file correspondence from Senator James Seward regarding support of the proposed
Blodgett Mills Community Development Block Grant. All voting aye, the motion was
carried.
MAY 21, 2003 TOWN BOARD MEETING PAGE 4
Councilman Testa made a motion, seconded by Councilman O'Donnell, to receive
and file correspondence from Assemblywoman, Barbara Lift.on regarding support of the
proposed Blodgett Mills Community Development Block Grant. All voting aye, the
motion was carried.
RESOLUTION #99 AWARD BID FOR TOWN HALL PARKING LOT
IMPROVEMENTS TO RUSTON PAVING CO. INC. OF
SYRACUSE N.Y. IN THE AMOUNT OF $173,460.28
Motion by Councihuan Testa
Seconded by Councilman O'Donnell,
VOTES: ALL AYE ADOPTED 18
WHEREAS, bids were advertised for Town Hall parking lot improvements, and
WHEREAS, sealed bids were opened on May 16, 2003 at 3:00 p.m. and provided to
Town Engineer, Hayne Smith for review as follows:
Ruston Paving Co. Inc. $173,460.28
6216 Thompson Road
Syracuse, NY 13206
Davis Wallbridge, Inc. $184,984.00
5861 Pyle Drive
East Syracuse, NY 13057
Ottenschot Construction $194,864.75
12 Prospect Street
P.O. Box 270
Cortland, NY 13045
Boland's Excavating & Topsoil $211,779.75
1403 Milburn Drive
Conklin, NY 13748
Fahs-Rolston Paving Corp. $213,762.61
2224 Pierce Creek Road
Binghamton, NY 13903
E-Z Paving/Sealcoat LLC $227,919.00
716 West Broadway
Fulton, NY 13069
Economy Paving Co. Inc. $233,436.00
1819 NYS Route 13
Cortland, NY 13045
Lee Construction Inc. $258,290.80
P.O. Box 229
6539 Herman Road
Warners, NY 13164
BE IT RESOLVED, the bid as recommended by Town Engineer, Hayne Smith is hereby
awarded to Ruston Paving Co. Inc. of 6216 Thompson Road, Syracuse, NY in the amount
of $173,460.28.
Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive
and file correspondence from NYS DOT regarding the proposed First National Bank of
Dryden on NYS Route 13. All voting aye, the motion was carried.
MAY 21, 2003 TOWN BOARD MEETING PAGE 5
RESOLUTION #100 ACKNOWLEDGE RECEIVING NOTICE OF PETITION
FILED BY REROB, LLC.
Motion by Councilman O'Donnell
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby acknowledge, by receiving and filing,
the Notice of Petition filed by Rerob, LLC.
Councilman Pilato made a motion, seconded by Councilman O'Donnell, to receive
and file correspondence from County Highway Sup't. Joseph Eggleston, regarding the
Town of Cortlandville's Lead Agency Designation for the Starr Road Community Park
Project. All voting aye, the motion was carried.
There was a brief discussion regarding the Build Now NY program.
Town Planning Board member Nick Renzi apprised the Board another committee
was formed for the Build Now NY Industrial Park, which does not include any members
of the Town Board or Planning Board. Members of the committee consisted of County
Planning Board members, the IDA, and the BDC. He was concerned that such committee
would be making decisions regarding the Industrial Park, such as the design of the park
and the "upper management decisions". He felt that if the Town was involved in the park
it should not be left out of management decisions. He stated Linda Hartsock of the
IDA/BDC did not inform the Town Board or Planning Board that they would not be
involved in the decision -making process.
Supervisor Thorpe stated he would look into Mr. Renzi's concern.
Councilman Pilato 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 5:55 p.m.
The following information was received from the Supervisor's office.
Councilman Testa made a motion, seconded by Councilman Pilato, to adjourn the
Executive Session and reconvene to the Regular Meeting. All voting aye, the motion was
carried.
RESOLUTION #101 TERMINATE CONTRACT FOR LEGAL SERVICES WITH
JOHN B. FOLMER FOR THE YEAR 2003 EFFECTIVE
MAY 31, 2003
Motion by Councilman Testa
Seconded by Councilman Pilato
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the contract for legal services with John B. Fohner for the year 2003
be terminated by mutual consent effective midnight on May 31, 2003.
RESOLUTION #102 APPOINT JOHN B. FOLMER TOWN ATTORNEY FOR
THE PERIOD OF JUNE 1. 2003 TO DECEMBER 31, 2003
Motion by Councilman Pilato
Seconded by Councilman O'Donnell
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, that John B. Fohner, Esq., is hereby appointed as Town Attorney for
the Town of Cortlandville for the period of June 1, 2003 to December 31, 2003 at the
salary established for legal services in the current budget, pro -rated for the period of the
appointment.
MAY 21, 2003 TOWN BOARD MEETING PAGE 6
RESOLUTION #103 AUTHORIZE SUPERVISOR TO ISSUE PAYMENT TO
CEO BRUCE WEBER FOR ACCRUED UNUSED
VACATION DAYS
Motion by Councilman O'Donnell
Seconded by Councilman Pilato
VOTES: ALL AYE ADOPTED
WHEREAS, a request has been received by CEO, Bruce Weber to receive payment of his
unused vacation time, and
WHEREAS, Mr. Weber has accrued 24 % unused vacation days, therefore
BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to
issue payment to CEO, Bruce Weber for 24 % unused vacation days in the amount of
$4,278.93.
RESOLUTION #104 AMEND 2002 PERSONNEL POLICY REGARDING
ELIGIBILITY OF HEALTH INSURANCE WHEN
RETIRING FROM SERVICE OF THE TOWN OF
CORTLANDVILLE
Motion by Councilman O'Donnell
Seconded by Councilman Pilato
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the 2002 Personnel Policy of the Town of Cortlandville section 903-A
is Hereby amended to include the following wording:
"To be eligible for health insurance coverage the retiree (employee) must be age
fifty-five (55) or older, have a combined total of ten (10) years or more of service
with the Town, and be eligible to receive a pension from the New York State
Employee's Retirement System,"
AND BE IT FURTHER RESOLVED, this becomes effective retroactive to January 1,
2003.
Councilman O'Donnell made a motion, seconded by Councilman Testa, to adjourn
the Regular Meeting. All voting aye, the motion was carried.
The meeting was adjourned at 6:25 p.m.
Itespe .tfully submitted,
Karen Q. Snyder
Town Clerk
Town of Cortlandville 41
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