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HomeMy WebLinkAbout07-16-2003JULY 16, 2003 ITIU zis 11 1 F, 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. 1 LI JULY 16, 2003 5:10 P.M. 217 1 1 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. 219 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. ZZ) 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. z 2 z. 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. 1 1 JULY 16, 2003 TOWN BOARD MEETING PAGE 7 ZZ3 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. 11 4Resctfully submitted, U'• Karen Q. Snyder Town Clerk Town of Cortlandville