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HomeMy WebLinkAbout06-04-2003E• JUNE 04, 2003 7:00 P.M. TOWN BOARD MEETING The Regular Meeting of the Town Board of the Town of Cortlandville was held at the Blodgett Mills Independent Baptist Church, Blodgett Mills, New Fork, 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 Fohner; Highway Sup't. Carl Bush; Water & Sewer Sup't. Peter Alteri; James Trasher of Clough, Harbour & Associates; Ron Dennison; Eric Mulvihill from WAHC; Attorney, Richard VanDonsel; Attorney Bill Pomeroy; Planning Board members Nicholas Renzi and Joseph Basile Jr.; Town residents: Shirley O'Donnell, Ellen Bailey, and Patricia Breed. Supervisor Thorpe called the meeting to order. Councilman O'Donnell made a motion, seconded by Councilman Testa, to approve the Town Board Minutes of March 19, 2003 as written. All voting aye, the motion was carried. RESOLUTION #105 AUTHORIZE PAYMENT OF VOUCHERS - JUNE Motion by Councilman O'Donnell Seconded by Councilman Pilato VOTES: ALL AYE ADOPTED BE IT RESOLVED, the vouchers submitted have been audited and shall be paid as follows: General Fund A Vouchers #239 - 261 $ 17,218.91 General Fund B B39 - B49 $ 24,700.07 Highway Fund DB D 178 - D202 $ 17,948.98 Water Fund W 111 - W 119 $109,470.72 Sewer Fund S49 - S55 $200,630.76 Capital Projects H15 - H23 $ 1,237.46 Supervisor Thorpe offered privilege of the floor to those in attendance. Patricia Breed, of 3359 Kellogg Road, voiced her concern regarding property located near Halstead Road. She stated there is a trick stop, a junkyard and now a lumberyard. Mr. Brown of Halstead Road operates a logging business. Ms. Breed questioned whether such activities were permissible. Supervisor Thorpe stated he would ask CEO, Bruce Weber as to whether there was any violation of the Town's zoning ordinance. Attorney Folmer apprised Ms. Breed the CEO would make an inspection and determine whether or not there was a violation. If there was a violation he would write a letter requesting the property owner comply with Town zoning law. If the property owner did not comply, the Board would initiate a proceeding in the local criminal court to enforce the provisions being violated. IM00 JUNE 04, 2003 TOWN BOARD MEETING PAGE 2 Councilman O'Donnell apprised the Board the Forest Hill Cemetery in the Town of Cortlandville was in need of some construction, particularly with the driveway. He requested the Board and Highway Sup't. Bush consider completing the needed work. Attorney Folmer apprised the Board the Town is not allowed to use Town property on private property, and was not aware of any exception that would permit such action with regard to the cemetery. He stated he would determine whether there were any exceptions that would allow the Town to be of any assistance. Monthly reports for the Town Clerk, Tax Collector and SPCA for the month of May, 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 of Gregory Leach for the proposed transfer station. 0 Attorney Folmer requested the Board table any action on the permit until the June 18", 2003 meeting. Attorney Armstrong, who represents Mr. Leach, agreed to the postponement. RESOLUTION #106 TABLE AQUIFER PROTECTION PERMIT APPLICATION SUBMITTED BY GREGORY LEACH FOR A PROPOSED TRANSFER STATION Motion by Councilman O'Donnell Seconded by Councilman Pilato VOTE: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby table the Aquifer Protection Permit application of Gregory Leach for a proposed transfer station until June 18", 2003. Town Clerk, Karen Q. Snyder reminded the Board the Town offices, with the exception of the CEO and Engineer, would be relocated to the Town courtroom June 9'►', through the 271h, 2003. Regular Town Court held Tuesday afternoons, would be held at. the Cortlandville Fire Station June 10'h, 17", and 24"'. Supervisor Thorpe apprised the Board the June 18', 2003 Board meeting would be held at 5:00 p.m. at the Cortlandville Fire Station due to Town Hall renovations. Attorney Folmer reported: Bond Anticipation Notes: Attorney Folmer apprised the Board three Bond Anticipation Notes were due Thursday June 5t", 2003. The BANS would be renewed for an additional year through Alliance Bank with an interest rate of 1.475%. Proposed First National Bank of Dryden: Attorney Folmer apprised the Board there was a problem with regard to paperwork for the proposed First National Bank of Dryden located on NYS Route 13. The NYS DOT had a problem with the curb cut, which resulted in a change in the property line. A revision to the zone change would be necessary so that a portion of the adjoining parcel could be rezoned. Attorney Folmer requested the Board authorize himself and CEO Weber to move the process along. A public hearing may be necessary at the June 18"', 2003 meeting. Wellhead Protection Plan: Attorney Folmer apprised the Board he received the response from Les Sandman of Pall Trinity Micro Corp., a representative from Borg Warner, and Michael Chernago, regarding the most recent revisions of the Wellhead Protection Plan. The response was forwarded to James Trasher of Clough, Harbour & Associates. The revisions suggested, dealt with the listing of activities in the first section of the ordinance. mm* JUNE 04, 2003 TOWN BOARD MEETING PAGE 3 Rerob, LLC. Attorney Folmer requested the Board hold an executive session to discuss pending litigation with Rerob, LLC. Cortland County Youth Bureau: Attorney Folmer apprised the Board he received a phone call from Roseanne Coville of the Cortland County Youth Bureau regarding Stevens Manor. The Youth Bureau made an agreement with Stevens Manor to run a ten -week program during the summer. The Chairman of the County Legislature, W. Stephen Harrington, signed an agreement with a provision that Stevens Manor would hold the County harmless from any claim of negligence on the part of Stevens Manor's employees, contractors and subcontractors. The agreement also stated Stevens Manor would hold Cortland County and the Cortland County Youth Bureau harmless. Stevens Manor was not ready to sign such agreement. Ms. Coville questioned whether the Town could offer insurance for the program. She admitted the Stevens Manor property was is terrible shape and there was significant potential f or people to get hurt. Attorney Folmer stated he did not think the Town should be entertaining such request. It was Councilman Pilato's opinion that if the Cortlandville parks were available and in better condition than Stevens Manor, the Youth Bureau should take advantage of the parks. If attendance were a problem the Youth Bureau should recruit participation. Attorney Folmer stated he would report back to the Board. Country Inn & Suites: Attorney Folmer apprised the Board he was concerned about the grant money from the state to be used for Country Inn & Suites. Prior to any approval from the Board, and without approval of the grant, Country Inn & Suites broke ground and began construction. Owner, Martin Estruch, originally apprised the Board the project could not be completed without the $300,000.00 in grant money applied for through the Town. The state's contract read that the corporation, being the State of New York, shall have the right at any time prior or subsequent to any such termination or closeout (of the contract), to pursue any and all available remedies including seeking injunctive or other equitable relief, to enforce the provisions of this agreement, and to recover grant funds which are unspent, unexpended, used in an unauthorized manor, or for an unauthorized purpose. Atttorney Folmer stated he spoke with Attorney Brian McCartney in Albany as well as with Chris Hunsinger, Project Manager, who answered the Town's questions regarding repayment of the grant money and the employment requirement. According to Attorney McCartney, the State has not sought to recover monies expended under a grant unless there has been fraud. In regard to employment, the grant required Country Inn & Suites to hire eighteen full-time employees and nine part-time employees. The Town questioned whether the requirement was satisfied once twenty-seven employees were hired, even if a month later half of the employees were laid off. If the reason for the layoffs were in the normal flow of business, the State would not have a problem. However, if it appeared the hiring of the twenty-seven employees was done for purposes of qualifying for the grant with no intention of keeping the number of employees once the money was in hand, the State may go after Country Inn & Suites for the money. The Town should have a loan agreement with Country Inn & Suites stating that should monies be expended they would have to repay the Town. Attorney Folmer questioned how Country Inn & Suites would repay the Town since the owner, Martin Estruch, was not allowed to borrow any more money according to an agreement with his bank. Attorney Folmer stated the grant and funds could not be expended until an Environmental Review was accomplished. Ground was broken, construction began, and to the Town's knowledge no Environmental Review has been completed. Attorney Folmer apprised the Board he spoke with Bernie Thoma of Thoma Development, who informed him the Town did not retain Thoma Development to write the grant for Country Inn & Suites. Attorney Folmer stated the Town should not have to hue Thoma Development to write a grant for the hotel owner. DUNE 04, 2003 TOWN BOARD MEETING PAGE 4 If Mr. Estruch claimed the Town was responsible for supplying the grant money if the State dad not approve the grant, Attorney Folmer stated the Town would be protected from the doctrine of estoppel, being that it is a municipality. The doctrine of estoppel claims that if person "A" acts according to what person "B" has done and a detriment incurs, Berson "B" is estoppel. estopped from benefiting. Attorney Folmer offered an example of Attorney Folmer apprised the Board there is a fee that Thoma Development receives for preparing the grant and then a separate fee for administering the grant. In Attorney Folmer's opinion, the Town should not be responsible for paying for the preparation of the grant sinc it was written on behalf of the developer. The Town may be interested in paying for the administration of the grant because the Town would be responsible for the administration process, which would be complicated. Attorney Folmer believed if the Town signed the contract the State would issue the grant. Planning Board member Nick Renzi questioned how the Environmental Assessment Form related to the SEQR. Attorney Folmer stated the Environmental Assessment Form was a different format and process than the State Environmental Quality Review. James Trasher of Clough, Harbour & Associates briefly discussed the difference between the Environmental Assessment Form and the SEQR. Until the Environmental" Assessment Form is complete the State would not approve the grant. Land Use and Aquifer Protection Plan: Attorney Folmer apprised the Board the Planning Board did not want to make any changes in the design guidelines even though the County made recommendations. He stated he had not heard anything official, but if it were the case, the Town could hold a public hearing to adopt the design guidelines as a local law. Supervisor- Thorpe apprised the Board he received a petition from a number of Town residents from the easterly side of Route 281 requesting the Board extend the sewer line to include the houses directly across from the Country Inn & Suites site. He informed Town Engineer Hayne Smith of the request. Mr. Smith stated he would not look into connecting the residents until the plans for the sewer line were definite were definite from Country Inn & Suites. RESOLUTION #107 SCHEDULE PUBLIC HEARING FOR AN AQUIFER PROTECTION PERMIT SUBMITTED BY FIRST NATIONAL BANK OF DRYDEN FOR PROPERTY LOCATED ON NYS ROUTE 13 Motion by Councilman Pilato Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED, BE IT RESOLVED, a Public Hearing shall be scheduled for June 18'11, 2003 at 5:00 p.m. for the Aquifer Protection Permit submitted by First National Bank of Dryden, for property located on NYS Route 13, owned by S.C.W.P. LLC, tax map #95.00-05-14.000. Councilman Pilato made a motion, seconded by Councilman Testa, to receive and file correspondence from Jeff Johnson, Director of Physical Education and Athletics, Cortland Junior & Senior High School, regarding the proposed Community Park project. All voting aye, the motion was carried. Councilman Testa made a motion, seconded by Councilman O'Donnell, to receive and file correspondence from Mr. & Mrs. James H. Sarvay regarding the proposed Super Wal-Mart. All voting aye, the motion was carried. is 191 TUNE 04, 2003 TOWN BOARD MEETING PAGE 5 10 Councilman O'Donnell made a motion, seconded by Councilman Pilato, to receive and file correspondence from the Cortland County Planning Department regarding the Aquifer Protection Permit application of Cortland Pump & Equipment, Inc. located on Bennie Road. All voting aye, the motion was carried. RESOLUTION #108 REFER AQUIFER PROTECTION PERMIT APPLICATION OF SUIT-KOTE CORP. (POLKVILLE CRUSHED STONE) TO THE TOWN AND COUNTY PLANNING BOARDS FOR THEIR REVIEW AND RECOMMENDATIONS ■ Motion by Councilman Pilato Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Aquifer Protection Permit application submitted by Suit-Kote Corp. (Polkville Crushed Stone), for the installation of one 5,000 gallon storage tank for the storage of diesel fuel, tax map #97.02-01-09.000, shall be referred to the Town and County Planning Boards for their review and recommendations. Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and file correspondence from NYS DOT regarding a Public Outreach meeting on July 1", 2003, at 10:00 a.m. at Dwyer Memorial Park (Little York), for the proposed program of projects in Cortland County. All voting aye, the motion was carried. There was a brief discussion regarding the relocation of Ultimate Music to an Empire Zone in the City of Cortland. Supervisor Thorpe apprised the Board if a facility is located in an Empire Zone, and they elect to move to another Empire Zone outside of the municipality, the business must receive permission from the municipality it is leaving, which has an interest in the business. RESOLUTION #109 CONSENT TO A SHIFT OF OPERATION INTO AN EMPIRE ZONE FOR ULTIMATE MUSIC CENTER FROM THE TOWN OF CORTLANDVILLE TO THE CITY OF CORTLAND Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE ADOPTED WHEREAS, The Ultimate Music Center, a retail music store in Cortlandville from 1992 to 2002, and WHEREAS, The Ultimate Music Center, employed 1 and one half time employee's in 2002, all residing within communities of Cortland County, none of whom are residents of Cortlandville, and WHEREAS, physical problems including a lack of capacity prevented The Ultimate Music Center to relocate in Cortlandville in 2002, and WHEREAS, the Cortlandville Board has heard public comments that extraordinary circumstances existed to warrant the relocation of The Ultimate Music Center to a sight in the City of Cortland, located in the Cortland Empire Zone. NOW THEREFORE be it hereby RESOLVED, that the Town of Cortlandville consents to the relocation of The Ultimate Music Center from the Town of Cortlandville to the City of Cortland. Councilman Testa made a motion, seconded by Councilman O'Donnell, to receive and file the correspondence from Dana Wavle regarding the proposed Transfer Station for Gregory Leach. All voting aye, the motion was carried. 19Z- JUNE 04, 2003 TOWN BOARD MEETING PAGE 6 Town Planning Board member, Nick Renzi, questioned whether the Town could do anything about the truck parked off of NYS Route 281, near SUNY Cortland, which is being used as a billboard advertising the Honda dealership. According to Mr. Renzi the truck has been parked at the lot for the past fifteen years. Attorney Folmer apprised Mr. Renzi two junk cars are allowed on private properly in the Town of Cortlandville, yet he would look into the concern. Supervisor Thorpe stated the issue was brought up years ago when Melvin Pierce was Town Supervisor. Mr. Pierce contended the truck was an illegal sign, but there was no resolution. Supervisor Thorpe stated it was time for CEO Weber to look into the situation. Town Planning Board member, Joseph Basile, Jr., apprised the Board there are several businesses in the Town of Cortlandville that are not taking care of their property, in respect to the upkeep and tidiness of the property. Mr. Renzi stated Cortland Glass, located across from Town Hall, is one of the biggest eyesores. He requested CEO Weber ensure Cortland Glass was abiding by Town Code. Mr. Basile, Jr. questioned what the process of enforcement was. Attorney Folmer stated if a permit was granted, presumably it could be revoked. The Town has never revoked a permit and he was not sure of the process. A violation could be filed for violating a specific portion of the zoning ordinance. Attorney Folmer stated he would speak with CEO Weber to discuss the most effective way of dealing with a violation. There was a brief discussion regarding Willcox Tire and the lack of fenceline and shrubbery, which were supposed to be installed years ago. Attorney Folmer stated he would be in attendance of the next Planning Board meeting, to discuss the matter. There was a brief discussion regarding Suit-Kote Corp. Attorney Folmer apprised the Board the installation of the Suit-Kote tank had already begun. According to the correspondence from Suit-Kote, employees of the Polkville Crushed Stone facility took it upon themselves to change the use of the tank without notifying Richard Schutz so that the proper permits could be secured ahead of time. The proposed use was for a 14,000 gallon tank, but was changed to a 5,000 gallon tank at the blacktop plant. There was a brief discussion regarding the twenty or thirty rail cars full of asphalt sitting on railroad tracks in the Town. Supervisor Thorpe stated he contacted Suit-Kote several times after the complaint was first made six months ago, and was told the tanks would be removed once the weather cleared. To this date nothing had been done. Joseph Basile, Jr. apprised the Board that he, Planning Board Chairperson Katherine Wickwire, and Nicholas Renzi had a meeting scheduled for June 5'11, 2003 with Paul Suits of Suit-Kote to discuss the tank issue, the rail car issue, and to complete an on - site review of the operation. Mr. Basile stated he contacted the Federal Railroad Administration with regards to the proper regulations for managing storage on tracks. The regulations are not clear. Mr. Basile expected to hear back from a researcher from FRA within a week regarding regulations and storage. No further comments or discussion were heard. Councilman Pilato made a motion, seconded by Councilman O'Donnell, to recess the Regular Meeting to an Executive Session. All voting aye, the motion was carried. The meeting was recessed at 7:50 p.m. The following information was received from the Supervisor's office. JUNE 04, 2003 TOWN BOARD MEETING PAGE 7 ) 93 Councilman O'Donnell made a motion, seconded by Councilman Testa, to adjourn the Executive Session and reconvene to the Regular Meeting. All voting aye, the motion was carried. No action was taken. Councilman Testa made a motion, seconded by Councilman O'Donnell, to adjourn the Regular Meeting. All voting aye, the motion was carried. The meeting was adjourned at 8:30 p.m. I 0 Resp ctfully submitted, aren Q. Snyder Town Clerk Town of Cortlandville