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HomeMy WebLinkAbout07-02-2003JULY 02, 2003 7:00 P.M. 2o5S 1 1 PUBLIC HEARING NO. 1 SHIFT OF OPERATION INTO AN EMPIRE ZONE ULTIMATE MUSIC CENTER FROM 884 NYS ROUTE 13 TO CITY OF CORTLAND, EMPIRE ZONE A Public Hearing was held by the Town Board of the Town of Cortlandville at the Town Hall, 3577 Terrace Road, Cortland, New York, concerning a shift of operation into an Empire Zone for Ultimate Music Center from 884 NYS Route 13 in the Town of Cortlandville to the City of Cortland, Empire Zone. Members present: Absent: Supervisor, Raymond Thorpe Councilman, Edwin O'Donnell Councilman, John Pilato Councilman, Ronal Rocco Town Clerk, Karen Q. Snyder Councilman, Theodore Testa Others present were: Town Attorney, John Folmer; Highway Sup't. Carl Bush; Attorney Don Armstrong; Planning Board Members, Nick Renzi and Joe Basile; County Legislator, Paul Allen; Bernie Thoma of Thoma Development; Chuck and Susan Feiszli of Resource Associates; Gregory and Barbara Leach of Leach's Custom Trash Service; Dick Schutz of Suit-Kote Corp.; Jill Giocondo of the Cortland Standard; Eric Mulvihill from WXHC: Ron Fuller, Jr.; and employees of Leach's Custom Trash. Supervisor Thorpe called the Public Hearing to order. Town Clerk, Karen Q. Snyder, read aloud the published, posted and filed legal notice. Supervisor Thorpe offered privilege of the floor to those in attendance. Attorney Folmer apprised the Board the location of Ultimate Music Center in the Town of Cortlandville was not in an Empire Zone. The business was moving from a non - Empire Zone to an Empire Zone, resulting in the necessity for a public hearing. No further comments or discussions were heard. Councilman Rocco 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 7:01 p.m. 2040 JULY 02, 2003 7:01 P.M. 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: Supervisor, Raymond Thorpe Councilman, Edwin O'Donnell Councilman, John Pilato Councilman, Ronal Rocco Town Clerk, Karen Q. Snyder Absent: Councilman, Theodore Testa Others present were: Town Attorney, John Folmer; Highway Sup't. Carl Bush; Attorney Don Armstrong; Planning Board Members, Nick Renzi and Joe Basile; County Legislator, Paul Allen; Bernie Thoma of Thoma Development; Chuck and Susan Feiszh of Resource Associates; Gregory and Barbara Leach of Leach's Custom Trash Service; Dick Schutz of Suit-Kote Corp.; Jill Giocondo of the Cortland Standard; Eric Mulvihill from WXHC; Ron Fuller, Jr.; and employees of Leach's Custom Trash. Supervisor Thorpe called the meeting to order. Councilman Rocco made a motion, seconded by Councilman O'Donnell, to approve the Town Board Minutes of April 02, 2003 as written. All voting aye, the motion was carried. Councilman O'Donnell made a motion, seconded by Councilman Pilato, to approve the Town Board Minutes of April 16, 2003 as written. All voting aye, the motion was carried. Councilman Pilato made a motion, seconded by Councilman O'Donnell, to receive and file the Planning Board Minutes of April 29, 2003. All voting aye, the motion was carried. Councilman O'Donnell made a motion, seconded by Councilman Pilato, to receive and file the Zoning Board Minutes of April 29, 2003. All voting aye, the motion was carried. 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 #285 - 307 $ 35,434.80 General Fund B B53 - B60 $ 14,052.42 Highway Fund DB D220 - D237 $ 39,760.97 Water Fund W 127 - W 131 $ 1,978.00 Sewer Fund S61 - S63 $ 6,061.69 Capital Projects H35 - H44 $ 47,449.19 Z07 JULY 02, 2003 PAGE 2 Supervisor Thorpe offered privilege of the floor to those in attendance. Bernie Thoma of Thoma Development spoke to the Board regarding the Small Cities Program Community Development Block Grant for Country Inns & Suites. The Town was awarded a grant of $388,000, of which $375,000 would be provided to the developer of the hotel. Mr. Thoma asked the Board to reach a decision as to whether or not the Town would accept the grant agreement. Attorney Folmer apprised Mr. Thoma he informed the Board at the June le, 2003 Town Board meeting that under the terms of the agreement, unless fraudulent intent was shown in the administration of the grant, the Town could be responsible for repayment if funds were misspent. The grant requires 19 full-time employees and 11 part-time employees be hired. If half of the employees were fired after the grant was received, the determination would have to be made as to whether or not the layoffs were due to normal business or just to satisfy the provisions of the agreement. Attorney Folmer reminded Mr. Thoma that the developer began construction without any assurance from the Town that Country Inn & Suites would receive the grant. Also, no action was taken on the contract to employ Thoma Development for the administration of the grant because no action was taken to accept the grant. Attorney Folmer was also concerned that according to the State, an environmental review was not conducted prior to the commencement of the construction as required. Supervisor Thorpe questioned what the Town's responsibility would be if Country Inn & Suites declared bankruptcy. Mr. Thoma stated the Town would not be liable as long as the developer met the terms of the agreement. He stated there would be an agreement between the developer and the Town covering the disbursement of the money. Attorney Folmer questioned how owner Martin Estruch could sign a viable contract with the Town to be responsible for repayment if his bank agreement was contingent upon him not having to repay the grant. Mr. Estruch could not finance the project without the bank. Attorney Folmer questioned what would happen if something went wrong with the hotel and the Town was called upon to reimburse the funds given under the grant. He stated taxpayers of the Town should not be put in such position. Councilman Pilato questioned why Mr. Estruch began construction without the grant money. According to Mr. Thoma, the bank assumed the grant money was in place once the final application was invited by the State. Attorney Folmer stated such assumption was unwarranted. He then questioned what the responsibility of the administrator would be if during the administration of the grant funds were improperly spent. Mr. Thoma stated it would be his obligation to the Town to prevent funds from being improperly spent. If they were misspent, Thoma Development had liability insurance. Supervisor Thorpe asked the Board to reach a decision regarding the Community Development Block Grant. RESOLUTION #121 ACCEPT NEW YORK STATE COMMUNITY DEVELOPMENT BLOCK GRANT AND ENTER INTO A PROJECT AGREEMENT WITH THE STATE FOR FINANCIAL ASSISTANCE TO THE TOWN Motion by Councilman O'Donnell Seconded by Councilman Rocco VOTES: O'Donnell AYE Rocco AYE Thorpe AYE Pilato NAY Testa ABSENT ADOPTED WHEREAS, per Resolution #60 of 2003 the Town of Cortlandville filed an application for funds from the NYS Governor's Office for Small Cities under the U.S. Department of Housing and Urban Development's Community Development Block Grant Small Cities Program for Economic Development Assistance, in an amount not to exceed $388,000, and WHEREAS, said application was approved by NYS Governor's Office for Small Cities, therefore z v8 JULY 02, 2003 TOWN BOARD MEETING PAGE 3 BE IT RESOLVED, the Town Board does hereby accept the New York State Community Block Grant in an amount not to exceed $388,000, and it is further RESOLVED, the Town shall enter into and execute a project agreement with the State for such financial assistance to this Town. County Legislator, Paul Allen, updated the Board regarding recent events of the County Legislature. W. Allen apprised the Board the County Legislature gave the final authorization for the sale of a portion of the timber from the County Farm in the amount of $85,000. He stated the County Farm would go to auction and hopefully be back on the tax roll in the fall of 2003. Mr. Allen stated the County was still in "rough financial shape." He estimated the County would end the year with a $2 million deficit. Programs such as the early retirement incentive for County employees proved to be costly. Mr. Allen stated the County has had many accomplishments. One such effort was to create a Department of public works for the county, which would consolidate the highway, transportation, buildings and grounds, and solid waste departments. By consolidating the departments, costs would be reduced. Monthly reports for the Town Clerk and Supervisor for the month of June 2003 are on the table for review and filed in the Town Clerk's office. Councilman O'Donnell made a motion, seconded by Councilman Pilato, to receive and file the 3' Quarter Water and Sewer Report. All voting aye, the motion was carried. Town Clerk, Karen Q. Snyder, apprised the Board she received correspondence from Senator James Seward congratulating the Town for being awarded a $15,044.00 Local Government Grant. The grant would be used to purchase a scanner to copy Town of Cortlandville documents including water and sewer maps, building plans and such. The scanner would provide easier access to documents for both Town employees and the general public. Town Clerk Snyder stated she was pleased to be in receipt of the grant, and hoped the project would be underway during summer 2003. RESOLUTION #122 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 Pilato 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. 209 JULY 02, 2003 TOWN BOARD MEETING PAGE 4 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. There was discussion regarding the proposed transfer station for Gregory Leach. Town Planning Board member, Joe Basile, addressed the Board regarding the proposed transfer station. He apprised the Board that not only was he a member of the Planning Board, but was a Professional Environmental Consultant specializing in contaminant transport (groundwater clean-up). Mr. Basile distributed information to the Board regarding the designated sole source aquifers nationwide from the U.S. Department of Transportation Federal Highway Administration. There are only 70 designated sole source aquifers throughout the U.S. A sole source aquifer supplies 50% or more of the drinking water for an area. Of those 70 sol designated e source aquifers, the Cortland-Homer-Preble Aquifer System is listed. Supervisor Thorpe questioned whether such information was available to the Planning Board prior to its approval. Mr. Basile stated the information was available. Attorney Folmer questioned whether the Planning Board and County Planning Board approved the application with the information available to them. Mr. Basile affirmed that both the Town and County Planning Boards recommended approval of the application. Whether or not the County Planning Board reviewed the information provided to the Board by Mr. Basile was not known. Mr. Basile distributed to the Board a draft showing environmental risk based on permeability. He stated it would make no difference whether a leak was at the margin of the aquifer or downtown Cortland. He stated the difference in travel time from the proposed transfer station to the receptors would be days or weeks. Mr. Basile asked the Board to consider. the information he provided. He was not against the idea of a transfer station in Cortland County, but stated the proposed site was not suitable, as it would be over the sole aquifer. Planning Board member Nick Renzi concurred with Mr. Basile and stated the proposed site was not suitable. He stated, if a transfer station were needed in Cortland County it should be located in an area that would not jeopardize the aquifer and the sole source drinking supply. Attorney Don Armstrong reminded the Board Mr. Leach obtained a permit from the NYS DEC for a solid waste transfer station. He stated Mr. Leach was ready to comply to any conditions set by the Town as well as the conditions set by the Town and County Planning Boards. Ron Fuller Jr. apprised the Board his father has operated a trash business for the last 38 years. He stated his father has never had a problem dumping at the Cortland County Landfill. Although many landfills may be cheaper elsewhere, his father continues to support Cortland County and the landfill. . Attorney Folmer apprised the Board he spoke with the Town's consultant engineer, James Trasher of Clough, Harbour & Associates, who provided him with conditions to consider based on previous discussion with the Board and with Mr. Leach's engineer, Chuck Feiszli. RESOLUTION #123 DECLARE NEGATIVE IMPACT FOR AQUIFER PROTECTION PERMIT #4 OF 2003 SUBMITTED BY GREGORY LEACH FOR PROPERTY LOCATED ON NYS ROUTE 13 Motion by Councilman O'Donnell Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED WHEREAS, an Aquifer Protection Permit application was submitted by Gregory Leach for property located on NYS Route 13, 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 410 JULY 02, 2003 TOWN BOARD MEETING PAGE 5 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 the proposed project for the construction and operation of a transfer station for the consolidation of commercial and household waste by Gregory Leach, Aquifer Protection Permit #4 of 2003, shall have no significant environmental impact. RESOLUTION #124 AUTHORIZE SUPERVISOR TO SIGN SEQRA APPLICATION OF AQUIFER PROTECTION PERMIT #4 OF 2003 Motion by Councilman O'Donnell Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Supervisor if hereby authorized and directed to sign the SEQRA application relating to the Aquifer Protection Permit #4 of 2003, submitted by Gregory Leach. RESOLUTION #125 APPROVE AQUIFER PROTECTION PERMIT #4 OF 2003 SUBMITTED BY GREGORY LEACH FOR PROPERTY LOCATED ON NYS ROUTE 13 SUBJECT TO CONDITIONS Motion by Councilman O'Donnell Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED WHEREAS, the Town and County Planning Boards reviewed and recommended approval of this Aquifer Protection Permit application, and WHEREAS, a Public Hearing was duly held by this Town Board, therefore BE IT RESOLVED, the Town Board does hereby approve Aquifer Protection Permit #4 of 2003, submitted by Gregory Leach for properly located on NYS Route 13, permitting the construction and operation of a transfer station for the consolidation of commercial and household waste, tax map #77.00-04-09.000, subject to the following conditions: 1) Tonnage to be processed shall not exceed 5,000 tons per year. Any proposed increase in tonnage to be processed shall be submitted for review and a new permit required. 2) To minimize odor and other conditions, all operations of the facility shall be conducted within the structure and the doors to the structure shall be closed except when vehicles are entering, tipping, and exiting. 3) No retail operation shall take place within the facility. It is intended that this use is for wholesale purposes only and not for individual use. 4) Not less that every six months, the Town shall have the right to inspect the premises upon reasonable notice and at reasonable times. In addition, not less than six months, the Town may require a report as to the status and water quality analysis of the monitoring wells. 5) Only trash originating within Cortland County shall be processed at the facility. 6) At the Town's request, upon reasonable notice, the permit holder shall provide business records to verify sources of material processed and tonnage of such material. 7) The Town shall be provided with copies of all permits, including but not limited to those issued by the Department of Environmental Conservation, together with any correspondence permitting agencies relating to the issuance of such permits. 8) The Town shall be given prior written notice of any planned or proposed change in ownership of either land or facility. JULY 02, 2003 TOWN BOARD MEETING PAGE 6 9) The applicant providing more detailed information pertaining to odor impacts and truck traffic in order to adequately evaluate any potential impacts associated with the proposed use. 10) The applicant demonstrating that there are unnecessaarryy hardships in the way of carrying out the strict letter of the Town of Cortlandville Zoning Law as is necessary before any use variance may be granted. 11) The Town's consideration that the proposed use is prohibited within Area I of the Aquifer Protection District. 12) The applicant obtaining the appropriate permits from the NYS Department of Environmental Conservation (DEC). 13) A negative declaration of environmental impact under SEQR. Town Clerk Snyder informed the Board the Cortland Country Music Park Campground would be applying for renewal of its New York State Liquor License. Councilman O'Donnell made a motion, seconded by Councilman Pilato, to receive and file correspondence from Cortland Country Music Park Campground regarding renewal of its New York State Liquor License. All voting aye, the motion was carried. Attorney Folmer reported: Emory Knight Junkyard Violation: Attorney Folmer apprised the Board he inspected Emory Knight's property June 24 , 2003 and again on June 306, 2003. On both occasions he noticed a large piece of equipment on the site. It appeared that some material had been removed. He stated he spoke with Attorney Hoffman on June 30', 2003 who informed him Mr. Knight had hired Gerry Contento to remove some of the property. However, Mr. Contento's services were needed elsewhere resulting in a holdup of the project. - Until Mr. Contento removes the remainder of the property the crusher cannot do its work. Judge Castillo granted Mr. Knight three more weeks to complete the process due to the interruption in work. Rerob, LLC: Attorney Folmer apprised the Board the legal matter between Rerob, LLC. and the Town was informally transferred to Judge O'Brien in Madison County. He did not suspect the matter would be heard before Judge O'Brien until late August or September, as he and Attorney Campbell had yet to meet to discuss the case. Design Guidelines: Attorney Folmer asked the Board to establish a date for the consideration and Public Hearing with regard to the adoption of the Design Guidelines for the Land Use & Aquifer Protection Plan. RESOLUTION #126 SCHEDULE PUBLIC HEARING FOR THE ADOPTION OF THE DESIGN GUIDELINES FOR THE LAND USE AND AQUIFER PROTECTION PLAN Motion by Councilman O'Donnell Seconded by Councilman Pilato VOTES: ALL AYE ADOPTED BE IT RESOLVED, a Public Hearing shall be scheduled for July 16', 2003 at 5:00 p.m. for the adoption of the Design Guidelines for the Land Use and Aquifer Protection Plan. 2 l 2. JULY 02, 2003 TOWN BOARD MEETING PAGE 7 RESOLUTION #127 SCHEDULE PUBLIC HEARING FOR AN AQUIFER PROTECTION PERMIT SUBMITTED BY SUIT-KOTE CORP. FOR PROPFRTY LOCAIM ON iJ4 ROLaE 1 1 Motion by Councilman O'Donnell Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED BE IT RESOLVED, A Public Hearing shall be scheduled for July 16', 2003 at 5:00 p.m. for the Aquifer Protection Permit submitted by Suit-Kote Corp. permitting the installation of a 14,000 gallon storage tank for diesel fuel, for property located on US Route 11, tax map #97.02-01-09.000. Councilman O'Donnell made a motion, seconded by Councilman Rocco, to receive and file correspondence from Cortlandville Fire Chief, Kevin Whitney, regarding the Route 13 traffic and pedestrian problem. Councilman O'Donnell made a motion, seconded by Councilman Rocco, to receive and file correspondence from James Trasher of Clough, Harbour & Associates, LLP regarding the Renaissance Development Drainage Improvement Phase I. All voting aye, the motion was carried. Councilman Rocco made a motion, seconded by Councilman Pilato, to receive and file correspondence from James Trasher of Clough, Harbour & Associates, LLP regarding the response to Rerob, LLC Petition. All voting aye, the motion was carried. Councilman Pilato made a motion, seconded by Councilman Rocco, to receive and file correspondence from Attorney Don Armstrong regarding the proposed Transfer Station for Gregory Leach, dated June 19, 2003. All voting aye, the motion was carried. Councilman O'Donnell made a motion, seconded by Councilman Rocco, to receive and file correspondence from Attorney Don Armstrong regarding the Aquifer Protection Permit for the proposed Transfer Station of Gregory Leach, dated June 27, 2003. All voting aye, the motion was carried. Councilman Rocco made a motion, seconded by Councilman Pilato, to receive and file correspondence from Planning Board Member, Nick Renzi, regarding the proposed Transfer Station of Gregory Leach. All voting aye, the motion was carried. Councilman Rocco made a motion, seconded by Councilman Pilato, to receive and file correspondence from Gregory Leach in regards to his proposed Transfer Station. All voting aye, the motion was carried. Councilman Pilato made a motion, seconded by Councilman O'Donnell, to receive and file correspondence from Lorraine B. regarding the proposed Super Wal-Mart. All voting aye, the motion was carried. Councilman Rocco made a motion, seconded by Councilman Pilato, to receive and file form letters regarding the proposed Super Wal-Mart from Regina Sardo and Shirley Bloodgood. All voting aye, the motion was carried. Attorney Folmer requested Supervisor Thorpe not refer to the Super Wal-Mart as being "proposed," as no applications have been made to any agency of the Town. Zia JULY 02, 2003 TOWN BOARD MEETING PAGE 8 RESOLUTION #128 REFER AQUIFER PROTECTION PERMIT APPLICATION AND ZONE CHANGE REQUEST OF GARY SLOAN FOR SQUEKY CLEAN CAR WASH INC. TO 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 and Zone Change request submitted by Gary Sloan for Squeky Clean Car Wash Inc., to demolish the existing structure and construct a car washing facility, tax map #86.13-01-30.000, shall be referred to the Town and County Planning Boards f or their review and recommendations. Councilman Pilato made a motion, seconded by Councilman Rocco, to receive and file the Cortland County Planning Board Resolution #03-25 regarding the Aquifer Protection Permit application of Suit-Kote Corp. All voting aye, the motion was carried. RESOLUTION #129 AUTHORIZE EXPENDITURE OF $95,000 FROM THE BUILDING CAPITAL RESERVE FUND TO COVER THE EXPENSE OF TOWN HALL PARKING LOT IMPROVEMENTS AND INSULATION OF THE CEILING IN THE OLD (1961) TOWN HALL BUILDING SUBJECT TO Motion by Councilman O'Donnell Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby authorize the expenditure of $95,000 from the Building Capital Reserve Fund to cover the expense of the Town Hall parking lot improvements and insulation of the ceiling in the old (1961) Town Hall building subject to permissive referendum. There was a brief discussion regarding correspondence from Attorney Folmer. Cortland County Treasurer, Don Ferris sent a letter to Attorney Folmer via fax asking the Town if it was interested in purchasing Lot 37 on Westvale Drive. The County foreclosed on the property due to delinquent taxes. Although not a buildable lot, there would be a tax sale on July 22°d, 2003. As of June 20#`, 2003, $186.84 was owed in back taxes. RESOLUTION #130 TABLE DECISION REGARDING THE PURCHASE OF LOT 37 ON WESTVALE DRIVE Motion by Councilman Rocco Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby table their decision regarding the purchase of Lot 27 on Westvale Drive, tax map #95.00-04-37.000, until July 161, 2003. RESOLUTION #131 AMEND 2003 BUDGET AND AUTHORIZE SUPERVISOR TO TRANSFER $20,000 FROM ACCOUNT A1620.4 TO ACCOUNT A9950.9 FOR THE TOWN HALL EXPANSION PROJECT Motion by Councilman Rocco Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED JULY 02, 2003 TOWN BOARD MEETING PAGE 9 BE IT RESOLVED, the Supervisor is hereby authorized and directed to transfer $20,000 from account AIL620.4 to account A9950.9 for the Town Hall Expansion Project, and it is further RESOLVED, the 2003 Budget is hereby amended. No further comments or discussion were heard. Councilman Pilato 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 7:50 p.m. Respcfuy submitted,ll aren Q. SnyverTown Clerk Town of Cortlandville 1 1 1