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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.
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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.
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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.
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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.
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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
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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.
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Resp ctfully submitted,
aren Q. Snyder
Town Clerk
Town of Cortlandville