HomeMy WebLinkAbout07-16-2003JULY 16, 2003
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PUBLIC HEARING NO. 1
AQUIFER PROTECTION PERMIT
SUIT-KOTE CORPORATION
US ROUTE 11
TAX MAP #97.02-01-09.000
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 installation of a 14,000 gallon storage tank for diesel fuel, on the
westerly side of US Route 11 in the Town of Cortlandville.
Members present:
Supervisor, Raymond Thorpe
Councilman, Theodore Testa
Councilman, Edwin O'Donnell
Councilman, John Pilato
Councilman, Ronal Rocco
Town Clerk, Karen Q. Snyder
Others present were: Town Attorney, John Folmer; Highway Sup't. Carl Bush;
James Trasher of Clough, Harbour & Associates; Planning Board Member, Nick Renzi;
Dick Schutz of Suit-Kote Corp.
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.
Dick Schutz of Suit-Kote Corporation apprised the Board the application was for
the installation of a 14,000 gallon storage tank for diesel fuel at the Polkville Crushed Stone
facility, to fuel the company's trucks. Mr. Schutz stated the tank would meet all criteria
from the Cortland County Health Department regarding storage regulations. A metal roof
would be over the tank to keep water out, eliminating any problems with containment. The
installation of the tank would not increase traffic, but had the potential to decrease traffic,
since trucks used onsite would not have to travel to Cortland or the Suit-Kote plant located
on Lorings Crossing Road.
Councilman O'Donnell questioned whether a fuel tank was ever located at the
Polkville facility.
Mr. Schutz stated there was a 3,000 gallon off -road tank and a 1,000 gallon gasoline
tank at the site.
Counichnan Testa questioned whether the Planning Board attached any conditions
to the permit.
Mr. Schutz stated the Planning Board required a top assembly drawing be submitted
prior to any installation, which Cortland Pump & Equipment was working on. The
County Health Department required the appropriate permits, and conditions were set by
the County Planning Board, such as a negative declaration of environmental impact under
SEAR.
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 5:05 p.m.
JULY 16, 2003
5:05 P.M.
PUBLIC HEARING NO.2
LOCAL LAW - 2003
DESIGN AND DEVELOPMENT GUIDELINES
A Public hearing was held by the Town Board of the Town of Cortlandville at the
Town Hall, 3577 Terrace Road, Cortland, New York, regardin the enactment of a Local
Law establishing Design and Development Guidelines for the development of property in
the Town of Cortlandville.
Members present:
Supervisor, Raymond Thorpe
Councilman, Theodore Testa
Councilman, Edwin O'Donnell
Councilman, John Pilato
Councilman, Ronal Rocco
Town Clerk, Karen Q. Snyder
Others present were: Town Attorney, John Folmer; Highway Sup't. Carl Bush;
James Trasher of Clough, Harbour & Associates; Planning Board Member, Nick Renzi;
Dick Schutz of Suit-Kote Corp.
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 guidelines were established and written as
part of the Land Use & Aquifer Protection Plan, which -was adopted in June 2002. The
Planning Board asked the Town Board to adopt the guidelines as a Local Law.
The guidelines were sent to the County Planning Board for their review and
recommendations. The County's recommendations were referred to the Town Planning
Board, who approved the guidelines in its present form.
Attorney Folmer advised the Board the guidelines were not requirements, but could
be utilized by the Planning Board when reviewing applications.
The Board had not yet reviewed the corrected guidelines proposed to be enacted
into the Town's Code. It is required that the Board have access to the proposed guidelines
for one week prior to adoption. Therefore, no action could be taken at tonight's regular
meeting.
Planning Board member Nick Renzi questioned how long it would take for a Local
Law to be enacted.
Town Clerk Snyder apprised Mr. Renzi once adopted by the Board, a Local Law is
sent to the Department of State and would be effective once filed with the Secretary of the
State of New York. Once the Town receives notice that the Local Law was filed, it would
be forwarded to General Code Publishing Company who would print copies of the Local
Law for the Town's code book.
No further comments or discussions were heard.
Councilman O'Donnell 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 5:10 p.m.
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JULY 16, 2003
5:10 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:
Supervisor, Raymond Thorpe
Councilman, Theodore Testa
Councilman, Edwin O'Donnell
Councilman, John Pilato
Councilman, Ronal Rocco
Town Clerk, Karen Q. Snyder
Others present were: Town Attorney, John Folmer: Highway Sup't. Carl Bush;
James Trasher of Clough, Harbour & Associates; Planning Board Member, Nick Renzi:
Dick Schutz of Suit-Kote Corp.
Supervisor Thorpe called the meeting to order.
Councilman Pilato made a motion, seconded by Councilman O'Donnell, to approve
the Town Board Minutes of May 07, 2003 as written. All voting aye, the motion was carried.
Councilman O'Donnell made a motion, seconded by Councilman Testa, to approve
the Town Board Minutes of May 21, 2003 as written. All voting aye, the motion was carried.
Councilman Testa made a motion, seconded by Councilman O'Donnell, to approve
the Town Board Minutes of June 04, 2003 as written. 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 #308 - 330
$
58,526.89
General Fund B
B61 - B62
$
60,430.88
Highway Fund DB
D238 - D252
$
27,422.57
Water Fund
W132 - W141
$
6,066.98
Sewer Fund
S64 - S67
$
494.40
Capital Projects
H45 - H53
$
7,674.20
Supervisor Thorpe offered privilege of the floor to those in attendance.
Councilman O'Donnell commented on the landscaping at JM Murray Center, and
applauded the company for setting a good example in the Town. He requested the Board
write a letter to the company acknowledging the job well done, as well as to forward the
letter to the Planning Board.
Councilman Testa informed the Board he and Councilman O'Donnell attended the
opening of Advanced Auto on NYS Route 13. He stated he was impressed with the
construction of the building and its appearance. On behalf of the Board, Councilman Testa
stated he sent Advanced Auto flowers wishing them well.
JULY 16, 2003 TOWN BOARD MEETING PAGE 2
Planning Board member, Nick Renzi spoke to the Board in regard to the approved
Aquifer Protection Permit application for Gregory Leach and the transfer station. He
questioned who would be in charge of monitoring the business to ensure the conditions set
in the permit were met.
Supervisor Thorpe stated the EPA would monitor some of the conditions, while
other conditions would be under the jurisdiction of the Town, and therefore CEO Bruce
Weber.
Attorney Folmer apprised Mr. Renzi the Cortland County Health Department would
also monitor the transfer station, and forward its reports to the Town.
James Trasher of Clough, Harbour & Associates spoke to the Board regarding the
Starr Road Municipal Park. The committee for the Starr Road Park decided that a new
design concept must be done to include more playing fields. Mr. Trasher stated he would
therefore put a new proposal together.
Councilman Testa stated the committee felt a professional was needed to provide
guidance to the project in regard to fundraising, as the committee planned to raise
approximately $800,000 to $900,000. He apprised the Board he asked the Barrows Group
for a quote for its services.
Nick Renzi questioned whether the feasibility study completed by Ron Barrows of
the Barrows Group was published.
Councilman Testa stated the study was published and could be viewed.
Nick Renzi stated the feasibility study was the most important aspect of the project;
if done incorrectly, it could hurt the Town. He reminded the Board of how many projects
within the community were asking for money.
There was discussion regarding the Build Now NY Technology Park.
Planning Board member, Nick Renzi was concerned that the Board and members of
the advisory committee for the Build Now NY program were not as involved as they
should be. According to Mr. Renzi, all members of the committee received a memo from
Linda Hartsock of the BDC, stating proposals for the Build Now NY program were ready.
Beside himself, nobody on the committee took the time to look at the six proposals.
Councilman Rocco questioned Mr. Renzi whether he was concerned a company
from Syracuse would decide what the technology park looked like.
Mr. Renzi stated he was concerned that the Board would not have any input on the
project and be left with an end result not desired.
Mr. Trasher interjected and stated it was fine for members of the Town Board,
Zoning Board and Planning Board to be involved with the advisory committee, but
warned the Board that in the end the Town would be in charge of approving an Aquifer
Protection Permit and other appropriate permits. He stated the Board must be objective.
Mr. Renzi felt that when the boards are invited to get involved in the development
of a project planned to be located in the Town, they should take advantage of the
opportunity.
Mr. Renzi reminded the Board the members of the advisory committee were invited
to an interview with the remaining candidates to discuss the proposals on July 31, 2003.
Attorney Folmer questioned what group of people voted to eliminate two of the six
proposals.
Mr. Renzi informed him a group met Wednesday, July 9, 2003. He stated he gave
his recommendation. One of the groups eliminated was the Towns engineering firm,
Clough, Harbour & Associates.
Attorney Folmer stated he had no information which could lead him to believe that
he was on the committee, and was concerned about Clough, Harbour & Associates not
being considered for the project when the fine has worked closely with the Town for the
past. few years.
After a suggestion from Mr. Renzi, Supervisor Thorpe stated he would speak with
Ms. Hartsock about the elimination of Clough, Harbour & Associates.
Mr. Trasher apprised the Board the New York State Department of Transportation
would take another look at the Starr Road/McLean Road and NYS Route 13 intersection.
A representative of the NYS DOT and Mr. Trasher would meet at the intersection during
the morning or evening rush hour traffic to inspect the dangerous intersection. He
requested a member of the Board be present as well.
Councilman Testa stated he would join Mr. Trasher and the NYS DOT
representative.
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JULY 16, 2003 TOWN BOARD MEETING PAGE 3
Nick Renzi apprised the Board the Town's newspaper, the Cortland Standard, had
let news reporter, Jill Giocondo go.
Members of the Board will miss her deeply. Ms. Giocondo did an exquisite job as
she reported Town activity very accurately. Supervisor Thorpe stated he would write a
letter to the Cortland Standard applauding her work with the Town.
Monthly reports for the Justice for the month of May 2003, and for the SPCA for
the month of June 2003, are on the table for review and filed in the Town Clerk's office.
RESOLUTION #133 ACCEPT ANNUAL REPORT OF CORTLAND FREE
LIBRARY FOR THE YEAR 2002
Motion by Councilman O'Donnell
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Annual Report of the Cortland Free Library for the year 2002 is
hereby accepted and shall be received and filed.
Attorney Folmer and the Board reviewed the Short Environmental Assessment
Form for the Aquifer Protection Permit application submitted by Suit-Kote Corp.
RESOLUTION #134 DECLARE NEGATIVE IMPACT FOR AQUIFER
PROTECTION PERMIT #5 OF 2003 SUBMITTED BY
SUIT-KOTE CORP. FOR PROPERTY LOCATED ON US
ROUTE 11
Motion by Councilman O'Donnell
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
WHEREAS., an Aquifer Protection Permit application was submitted by Suit-Kote Corp.
for property located on US Route I t, permitting the installation of a 14,000 gallon storage
tank for diesel fuel at the Polkville Plant, tax map #97.02-01-09.000, 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 the proposed
project for the installation of a 14,000 gallon storage tank for diesel fuel, submitted by Suit-
Kote Corp., Aquifer Protection Permit #5 of 2003, shall have no significant environmental
impact.
RESOLUTION #135 AUTHORIZE SUPERVISOR TO SIGN SEQRA
APPLICATION OF AQUIFER PROTECTION PERMIT #5
OF 2003
Motion by Councilman O'Donnell
Seconded by Councilman Testa
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 #5 of 2003, submitted by Suit-Kote
Corp.
JULY 16, 2003 TOWN BOARD MEETING PAGE 4
RESOLUTION #136 APPROVE AQUIFER PROTECTION PERMIT #5 OF 2003
SUBMITTED BY SUIT-KOTE CORP. FOR PROPERTY
LOCATED ON US ROUTE 11 SUBJECT TO CONDITIONS
Motion by Councilman O'Donnell
Seconded by Councilman Testa
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 #5
of 2003, submitted by Suit-Kote Corp. for property located on US Route 11, permitting the
installation of a 14,000 gallon storage tank for diesel fuel, tax map #97.02-01-09.000,
subject to conditions:
1. The appropriate permits being obtained from the Cortland County Health
Department and compliance with the standards set forth in Articles XX, XXI,
and XXII of the Sanitary Code of the Cortland County Health Department.
2. A negative declaration of environmental impact under SEAR.
RESOLUTION #137 TABLE ENACTMENT OF LOCAL LAW - 2003 DESIGN
AND DEVELOPMENT GUIDELINES
Motion by Councilman Testa
Seconded by Councilman O'Donnell
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby table a decision regarding the enactment
of a Local Law establishing Design and Development Guidelines for the development of
property in the Town of Cortlandville until August 6f`, 2003.
RESOLUTION #138 AUTHORIZE SUPERVISOR TO SIGN AND ACCEPT
LOCAL GOVERNMENT RECORDS MANAGEMENT
IMPROVEMENT FUND GRANT FOR $15,044.00
Motion by Councilman O'Donnell
Seconded by Councilman Rocco
VOTES: ALL AYE ADOPTED
WHEREAS, an application was made to New York State Archives for the Local
Government Records Management Improvement Fund (LGRMIF) grant in an amount not
to exceed $15,044.00, therefore
BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to
sign and accept the Local Government Records Management Improvement Fund grant in
the amount of $15,044.00 to purchase equipment for the purpose of scanning Town
blueprints, maps and other documents for the Town's Records Management Program.
Attorney Folmer reported:
Purchase of Lot 37 on Westvale Drive:
Attorney Folmer informed the Board it. would be beneficial for the Town to
purchase lot 37 on Wetvale Drive, as there are easements that run through the small lot.
County Treasurer, Don Ferris offered the tax delinquent foreclosed parcel to the Town of
Cortlandville for the delinquent tax amount of $186.84.
Although the County Treasurer did not yet have approval from the Supreme Court
to convey the property to the Town, Attorney Folmer suggested the Board adopt a
resolution to purchase the tax delinquent parcel.
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JULY 16, 2003 TOWN BOARD MEETING PAGE 5
RESOLUTION #139 AUTHORIZE SUPERVISOR TO FORWARD A REQUEST
COUNTYTO THE
PROPERTY
AMOUNT OF $186.84
Motion by Councilman O'Donnell
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
WHEREAS, Cortland County Treasurer's Office offered the Town of Cortlandville a tax
delinquent foreclosed parcel for the delinquent tax amount, and
WHEREAS, the parcel would be beneficial to the Town of Cortlandville as there are
easements through the small parcel, therefore
BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to
purchase the 60 ft. x 183.34 ft. parcel of vacant land, located on Westvale Drive, tax map
#95.00-04-37.000, in an amount not to exceed $ 186.84.
Highland Road:
Attorney Folmer apprised the Board the Town's newsletter would be mailed around
August 2e, 2003. Attorney Folmer was still waiting to receive notification regarding the
necessary language for the notice for the Highland Road Sanitary Sewer Main Project. If
the timing of the notice dad not correlate with when the Board would be ready to hold a
public hearing, the Board may either have to hold a special meeting or mail out the notices
for the sewer project separately from the newsletter.
Rerob, LLC:
Attorney Folmer apprised the Board he had yet to receive formal notice that Judge
O'Brien in Madison County was scheduled to hear the case. Therefore, the matter still sits,
and it could be September 2003 bef ore the matter would be argued.
Sewer Easement:
Attorney Folmer apprised the Board he had a sewer easement from Karl Ochs for
S.C.W.P., LLC. that he asked the Town to accept. According to Highway Sup't. Carl
Bush, Water & Sewer Sup't. Peter Alteri inspected the sewer, which satisfies the Town's
requirements.
Attorney Folmer suggested the Town approve the sewer subject to the receipt of
drawings of the sewer.
N � .- AN111111-1011100 11,11, 1 11�
Motion by Councilman Testa
Seconded by Councilman Pilato
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby accept the sewer easement from Karl
Ochs for S.C.W.P., LLC, for property located on NYS Route 13 subject to approval from
Highway Sup't. Carl Bush and Water & Sewer Sup't. Peter Alteri, an it is further
RESOLVED, the sewer easement is hereby accepted subject to receipt of the drawings.
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JULY 16, 2003
TOWN BOARD MEETING
PAGE 6
Emory Knight Junkyard Violation:
Attorney Folmer apprised the Board he was scheduled to meet with Judge Casullo
July 29t', 2003 for a progress report of the Emory Knight situation. He encouraged the
Board to visit Mr. Knight's property located on Ridge Road in McGraw, before the
property was in compliance with Town Code.
Wellhead Protection Ordinance:
Attorney Folmer informed the Board he scheduled a meeting with James Trasher of
Clough, Harbour & Associates to review the most recent comments regarding the
Wellhead Protection Ordinance. He stated it was beginning to appear that local
establishments were dictating the method by which local laws are adopted.
Attorney Folmer informed the Board he would be on vacation the week of August
18', 2003, and was not sure if he would be in attendance of the August 20'h, 2003 Board
meeting.
RESOLUTION #141 AMEND 2002 PERSONNEL POLICY TO INCLUDE
THE NEW SMOKEFREE POLICY FOR WORKSITES
Motion by Councilman O'Donnell
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the 2002 Personnel Policy of the Town of Cortlandville, section 1106,
is hereby amended and shall be replaced with the following wording:
Purpose:
The expanded Clean Indoor Air Act explicitly prohibits smoking in virtually
all areas of all workplaces in New York State. To provide a clean and healthy
environment for our employees, customers, and visitors, recognizing that
secondhand smoke from tobacco has direct adverse affects on the health of smokers
and nonsmokers alike, and in accordance with Article 13-E of the New York Public
Health Law.
Policy:
Smoking shall not be permitted, and no person shall smoke in any indoor
work area. This includes hallways, meeting rooms, cafeterias, private and non -
private offices, shops, warehouses, and vehicles used for business.
"Smoking" or "No Smoking" signs, or the international "No Smoking"
symbol shall be prominently posted and properly maintained where smoking is
regulated by the Town of Cortlandville.
Smoking will only be allowed outside, at least 10 feet from any entrance
doorway and including the entire entrance walkway.
Enf orcement:
This policy applies to all employees, suppliers, visitors, and customers.
Individuals violating this policy shall be reminded of the law and asked politely to
step outside to smoke (except where smoking on the grounds is prohibited). The
person(s) in charge must make a good faith effort to prevent smoking in prohibited
areas. Employees may be subject to disciplinary action, up to and including
dismissal, if warnings are ignored.
AND BE IT FURTHER RESOLVED, this becomes effective July 24, 2003 in accordance
with Article 13-E of the New York State Public Health Law.
Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive
and file correspondence from NYS Assemblywoman Barbara Lifton regarding support for
the grant application for the Starr Road Community Park Project. All voting aye, the
motion was carried.
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JULY 16, 2003 TOWN BOARD MEETING PAGE 7
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Supervisor Thorppe apprised the Board he had a meeting with Amanda Barber of the
Cortland County Soil & Water Conservation District (SWCD). She informed him the
SWCD was concerned with its funding and requested the Town enter into a contract for
services as needed. By signing the agreement, the Town would compensate the SWCD at
a rate of $350.00 per project, for services provided according to the agreement.
Supervisor Thorpe stated the services provided by the SWCD would be well worth
the expenditure.
RESOLUTION #142 AUTHORIZE SUPERVISOR TO SIGN CONTRACT WITH
CORTLAND COUNTY SOIL & WATER CONSERVATION
DISTRICT
Motion by Councilman O'Donnell
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to
sign the contract with Cortland County Soil & Water Conservation District, to compensate
the SWCD at a rate of $350.00 per project, for services provided regarding the
implementation of the Storm Water Management and Erosion and Sediment Control of the
Town of Cortlandville Code.
There was a brief discussion regarding the construction of Country Inn & Suites on
NYS Route 281.
Councilman Testa questioned whether CEO Bruce Weber needed the assistance of
Clough, Harbour & Associates to ensure Country Inn & Suites was in compliance.
Attorney Folmer assured Councilman Testa that CEO Weber was aware the
services of the Town's engineering firm were available if needed.
Attorney Folmer publicly thanked Highway Sup't. Carl Bush for installing road
signs on Halstead Road to help direct traffic.
No further comments or discussion were heard.
Councilman O'Donnell made a motion, seconded by Councilman Pilato, to adjourn
the Regular Meeting. All voting aye, the motion was carried.
The meeting was adjourned at 6:00 p.m.
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4Resctfully submitted,
U'•
Karen Q. Snyder
Town Clerk
Town of Cortlandville