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HomeMy WebLinkAbout09-17-2003SEPTEMBER 17, 2003 5:00 P.M. 253 1 1 PUBLIC HEARING NO. 1 AQUIFER PROTECTION PERMIT SUIT-KOTE CORPORATION FOR CORTLAND ASPHALT PRODUCTS ROUTE 11 TAX MAP 487.00-03-16.121 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 an Aquifer Protection Permit application permitting the installation of one 20,000 gallon storage tank for #2 fuel oil, off of Route 11. Members present: Supervisor, Raymond Thorpe Councilman, Theodore Testa Councilman, Edwin O'Donnell Councilman, Ronal Rocco Councilman, John Pilato Town Clerk, Karen Q. Snyder Others present were: Town Attorney, John Folmer; Highway Sup't. Carl Bush; Water & Sewer Sup't. Peter Alteri; James Trasher of Clough, Harbour & Associates; Planning Board Member, Nick Renzi; Town Justice, Francis Castillo; County Legislators, Kay Breed and Paul Allen; Deputy Town Clerk, Kristin Rocco; Paul Suits and Dick Schutz of Suit-Kote Corp.; Attorney Don Armstrong; Larry Hirschfield of the Cortland Sports Complex; Reporter, Renee Lucas of the Cortland Standard; James Bugh; Mr. and Mrs. Robert Rhodes; Arthur and Patricia Shedd; and other Town of Cortlandville residents. Supervisor Thorpe called the Public Hearing to order. Town Clerk Snyder read aloud the Legal Notice, as published, posted and filed. Supervisor Thorpe offered privilege of the floor to Dick Schutz. Dick Schutz of Suit-Kote Corp. presented the Board with a map of the proposed facility as he explained that the Aquifer Protection Permit application was for the installation of a 20,000-gallon fuel tank for the storage of #2 fuel oil. The tank would be used as a backup energy source as a supplement to natural gas. Both the boiler and hot -oil heater at the facility are multi -fuel units. If the price structure of natural gas changed to the point where it would be more economical to use #2 fuel oil, Suit Kote Corp. would make the change. Mr. Schutz informed the Board the tank, associated plumbing, controls, and safety mechanisms would meet the requirements of the NYS DEC's Petroleum Bulk Storage Regulations, as well as other local, state and federal regulations. Since Cortland Asphalt Products is a major facility, it is controlled by the DEC rather than the Cortland County Health Department. The steel containment structure would hold 120% of the capacity of the proposed tank, or 24,000 gallons. The storage tank would have a metal roof over it to keep rain water out. Also, it would not have a drain plug so there would be no accidental discharges of contaminated water. Mr. Schutz stated the main intent of Suit-Kote Corp. was to continue operating on natural gas as long as it was economically feasible to do so. Supervisor Thorpe offered privilege of the floor to those in attendance. Councilman Testa asked the Town's engineering consultant for his opinion on the proposed tank. James Trasher of Clough, Harbour & Associates stated the proposed tank was an aboveground tank, which would allow Suit-Kote to detect any type of rupture. As long as Suit- Kote followed the state and county health regulations there would be no problem with the Town's proposed Wellhead Protection Plan or Aquifer Protection Ordinance. SEPTEMBER 17, 2003 PUBLIC HEARING NO. 1 PAGE 2 Planning Board member, Nick Renzi questioned what the frequency would be for the tank to be depleted and reloaded in a six-month period. Mr. Schutz apprised the Board the maximum use during the peak of blacktop season, which is during July and August, would be about 18,000 gallons a week. During the spring or fall, use would be between 8,000 and 10,000 gallons a week. Mr. Renzi questioned how the #2 fuel was loaded into the storage tank, and what type of safety precautions would be taken to prevent spills. Mr. Schutz explained the #2 fuel would be loaded by a tractor -trailer. Due to the petroleum storage requirements, a containment structure would be constructed to ensure that there would be no spills/leaks. Mr. Renzi questioned if there was a drawing of the containment structure. Upon approval from the Town Board, Mr. Schutz stated an application and drawings would be submitted to the DEC for their approval. Once the drawings were approved by the DEC, the storage tank would be constructed. The DEC would then inspect the storage tank as built. Mr. Renzi requested, for information purposes only, that Suit-Kote Corp. submit a copy of the drawings to the Town Planning Board when they were available. Mr. Schutz agreed to the request. Councilman Testa questioned how the storage tank would be protected from public use. Paul Suits of Suit-Kote Corp. stated there is a watch person 24-hours a day, seven days a week. There would be locking mechanisms on the tank as well. Councilman Rocco questioned whether Suit-Kote planned to use whatever type of gas or fuel that was cheaper. Mr. Schutz explained that right now natural gas is cheaper. However, if the price was curtailed and it became cheaper to use #2 fuel, Suit-Kote could do so. Also, if a situation arose in which Suit-Kote could not be provided with the amount of natural gas needed to operate for a full day, they could switch to #2 fuel. Otherwise, they would be forced to shut down for the rest of the day. Attorney Folmer apprised the Board that the Planning Board met on July 29, 2003 and approved the Conditional Permit as requested, incorporating the items contained in the Cortland County Planning Board's Resolution 03-31. The Town Planning Board recommended the Town Board issue the Aquifer Protection District Special Permit, and act as Lead Agent for SEQRA purposes. Attorney Folmer asked that such information be included in the record of the meeting. Attorney Folmer stated that Suit-Kote has conducted SEQR and other reviews at the site in the past. He requested that those reviews and the information contained therein be incorporated by reference into the record of this public hearing. No further comments or discussion were heard. Councilman Testa 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 5:15 p.m. 1 SEPTEMBER 17, 2003 5:15 P.M. 2 ss 1 1 1 PUBLIC HEARING NO. 2 AQUIFER PROTECTION PERMIT SUIT-KOTE CORPORATION FOR POLKVILLE CRUSHED STONE ROUTE 11 TAX MAP #97.00-01-31.000 A Public Hearing was held by the Town Board of the Town of Cortlandville at the Town Hall, 3577 Terrace Road, Cortland, New York, concerning an Aquifer Protection Permit application permitting the installation of one 18,000 gallon storage tank for #2 fuel oil, southwest of the intersection of Route 11 and Route 41. Members present: Supervisor, Raymond Thorpe Councilman, Theodore Testa Councilman, Edwin O'Donnell Councilman, Ronal Rocco Councilman, John Pilato Town Clerk, Karen Q. Snyder Others present were: Town Attorney, John Folmer; Highway Sup't. Carl Bush; Water & Sewer Sup't. Peter Alteri; James Trasher of Clough, Harbour & Associates; Planning Board Member, Nick Renzi; Town Justice, Francis Castillo; County Legislators, Kay Breed and Paul Allen; Deputy Town Clerk, Kristin Rocco; Paul Suits and Dick Schutz of Suit-Kote Corp.; Attorney Don Armstrong; Larry Hirschfield of the Cortland Sports Complex; Reporter, Renee Lucas of the Cortland Standard; James Bugh; Mr. and Mrs. Robert Rhodes; Arthur and Patricia Shedd; and other Town of Cortlandville residents. Supervisor Thorpe called the Public Hearing to order. Town Clerk Snyder read aloud the Legal Notice, as published, posted and filed. Supervisor Thorpe questioned whether the application had been before the Planning Board. Attorney Folmer informed the Board that according to the Planning Board Minutes of July 29, 2003, Mr. Renzi made a motion to forward the applications to the County for review and recommendations. The Planning Board then met on August 27, 2003 and approved the Conditional Permit as requested, incorporating the items contained in the Cortland County Planning Board's Resolution 03-32. The Town Planning Board recommended the Town Board issue the Aquifer Protection District Special Permit, and act as Lead Agent for SEQRA purposes. Supervisor Thorpe offered privilege of the floor to Dick Schutz. Dick Schutz of Suit-Kote Corp. apprised the Board the Aquifer Protection Permit was for the installation of an 18,000-gallon storage tank for #2 fuel oil at the Barber -Green Drum -Mix Batch Plant. The application was similar to the proposal for the 20,000-gallon storage tank at Cortland Asphalt Products. Mr. Schutz provided a map of the Batch Plant and the tank's proposed location as he explained that the 18,000-gallon tank would replace the tank that was taken out of service in 1997 and permanently removed in 1998. The tank would be used to fuel the main drying burner on the Barber -Green Drum -Mix Blacktop Plant and the hot oil heater that is used to heat the associated asphalt storage tanks and trace the asphalt lines. The tank would be used only as a backup energy source in the event that the supply of natural gas was curtailed, or if it was more economical to use #2 fuel oil. Mr. Schutz informed the Board the tank, associated plumbing, controls, and safety mechanisms would meet the requirements of the NYS DEC's Petroleum Bulk Storage Regulations, as well as other local, state and federal regulations. Since it is not a part of the major facility, the storage tank would be under the regulations of the Cortland County Health Department, which are identical to state regulations. 256 SEPTEMBER 17, 2003 PUBLIC HEARING NO. 2 PAGE 2 The steel containment structure would hold 120% of the capacity of the proposed tank, or 21,000 gallons. The storage tank would have a metal roof over it to keep rain water out. It would not have a drain plug so that there would be no accidental discharges of contaminated water. Mr. Schutz stated there was a recommendation by the County Planning Board that the Town consider requiring Suit-Kote to install one or more monitoring wells at the location. Because the facility is industrial rather than commercial, Suit-Kote felt there was no need for monitoring wells at the site. Use would be restricted to at most four people, including two plant operators, a maintenance man, and the general manager. The tanks would be visually monitored daily, while a written inspection would be completed monthly. Mr. Schutz explained that the tank would be protected on three sides by equipment, and on the fourth side with a guiderail, so that no vehicles could hit the tank. A concrete pad could be installed beneath the tank so that in the unlikely event there was leakage from the tank it would first be seen on the pad. Councilman Rocco questioned what the life of the tank was. Mr. Schutz stated the life of the tank would be between 30 to 50 years. The last tank, which was a 14,000-gallon tank, had a life of more than 30 years. A town resident questioned how much fuel would be in the tank, how often the tank would be refilled, and what the shelf life of fuel oil was Mr. Schutz informed her the tank would be filled to capacity, as the worst enemy in the tank is moisture. He also informed her that there was no shelf life of #2 fuel oil. Mr. Renzi questioned what the refill rate would be for the tank. Mr. Schutz stated it was similar to the first application for the 20,000-gallon tank. During the peak of the blacktop season, and if the #2 fuel oil was needed, Suit-Kote would use about 18,000-gallons per week. During other seasons about 5,000 to 7,000-gallons would be used. Councilman Rocco questioned when the storage tank would be installed. Mr. Schutz stated if approved, the storage tank would be installed by spring of 2004. Town resident, James Bugh, questioned what type of top the tank would have. Mr. Schutz informed him the covering would be a wood structure; with wooden truces, with a steel roof over it. Attorney Folmer acknowledged that Suit-Kote Corp. has conducted SEQR reviews at the site in the past. He requested that the comments and documentation in those earlier proceedings be incorporated into the record of this public hearing by reference. Councilman Pilato 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 5:30 p.m. 1 1 1 SEPTEMBER 17, 2003 5:30 P.M. 257 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, Ronal Rocco Councilman, John Pilato Town Clerk, Karen Q. Snyder Others present were: Town Attorney, John Folmer; Highway Sup't. Carl Bush; Water & Sewer Sup't. Peter Alteri; James Trasher of Clough, Harbour & Associates; Planning Board Member, Nick Renzi; Town Justice, Francis Casullo; County Legislators, Kay Breed and Paul Allen; Deputy Town Clerk, Kristin Rocco; Paul Suits and Dick Schutz of Suit-Kote Corp.; Attorney Don Armstrong; Larry Hirschfield of the Cortland Sports Complex; Reporter, Renee Lucas of the Cortland Standard; James Bugh; Mr. and Mrs. Robert Rhodes; Arthur and Patricia Shedd; and other Town of Cortlandville residents. Supervisor Thorpe called the meeting to order. Councilman O'Donnell made a motion, seconded by Councilman Rocco, to receive and file the Town of Cortlandville Board of Assessment Review Minutes of 2003. All voting aye, the motion was carried. RESOLUTION 4169 AUTHORIZE PAYMENT OF VOUCHERS - SEPTEMBER Motion by Councilman Rocco Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED, the vouchers submitted have been audited and shall be paid as follows: General Fund A Vouchers 9394 - 425 $ 8,292.65 General Fund B B74 - B74 $ 182.37 Highway Fund DB D317 - D334 $ 68,343.42 Water Fund W176 - W182 $ 6,017.40 Sewer Fund S78 - S83 $ 81,031.67 Capital Projects H74 - H82 $108,912.32 Supervisor Thorpe offered privilege of the floor to Don Armstrong. Attorney Don Armstrong apprised the Board that Cortland Sports Complex was trying to finalize the closing and development of the site. In the course of developing the project, it was discovered that Carroll Street and Fairgrounds Drive end rather than come together. Attorney Armstrong felt it would be in everyone's interest, including the Town's, to do a street dedication of the balance of the two streets, which was no more than 400 feet off each road. Attorney Armstrong informed the Board a meeting was scheduled for September 181h, 2003 between the owners of the property, being Cortland County Ag. Corp. and Cortland County Holstein Club. He requested the Board indicate whether a street dedication would be possible, so that he could proceed with a survey and other documents. 258 SEPTEMBER 17, 2003 TOWN BOARD MEETING PAGE 2 Supervisor Thorpe asked Highway Sup't. Carl Bush for his comments and recommendations. Highway Sup't. Bush agreed with the street dedication. Attorney Armstrong stated he would put a survey together to be approved by Attorney Folmer and the Town Board. He would also take care of the deed and title issues that would have to be addressed as well. RESOLUTION #170 AUTHORIZE ATTORNEY DONALD ARMSTRONG TO PROCEED WITH THE FUTURE ROAD DEDICATION OF CARROLL STREET AND FAIRGROUND DRIVE SUBJECT TO TOWN ATTORNEY AND TOWN HIGHWAY SUP'T. APPROVAL Motion by Councilman O'Donnell Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED WHEREAS, Attorney Donald Armstrong, counsel for the Cortland Sports Complex, requested permission from the Town Board to proceed with preparation of documents for a 400' road dedication of Carroll Street and Fairground Drive to the Town of Cortlandville, and WHEREAS, Highway Sup't. Bush agreed it would be in the best interest of the Town to do a road dedication to the Town of Cortlandville for the balance of 400 feet from each road, therefore BE IT RESOLVED, the Town Board does hereby authorize Attorney Donald Armstrong to proceed with the preparation of documents for the future dedication of 400' of Carroll Street and Fairground Drive. Supervisor Thorpe offered privilege of the floor to Francis Casullo. Town Justice, Francis Casullo commended his court clerks for their cooperation during Town Hall renovations from the months of June to August 2003, when they were inconvenienced and forced to hold court at the Cortlandville Fire Department and in the Town meeting room. His court clerks worked hard to ensure that the court operated smoothly despite the construction. He also thanked the Town Clerk's office for their help during the renovations. Secondly, Judge Casullo apprised the Board there were problem's with the court's computers and software. He informed them that the most updated computer in the Justice Department is six years old. In some cases, the hardware and software is a decade old. Court clerks have problems with the computers on a daily basis. The budget Judge Casullo inherited did not have any money left for equipment, which is desperately needed. Judge Casullo received an estimate for the replacement of the computers, as well as for a court software package, totaling about $7,000. A current computer system was needed for the court. Once updated, the court could get on a maintenance schedule to make sure that this situation did not occur again. He did not want to alarm the Board when his budget was submitted. Councilman Testa questioned whether Judge Casullo could order the equipment now, and get billed in January 2004. Judge Casullo stated he could do such, but wanted approval from the Board. He also wanted to follow the Town's purchasing procurement policy. Supervisor Thorpe stated he did not think the Justice Department should suffer for the rest of the year. Councilman Rocco apprised Judge Casullo that the Board anticipated the need for updated computers and software, and asked what the monetary limitations were. Attorney Folmer believed the limit was $10,000. Judge Casullo questioned how many quotes he should receive. Supervisor Thorpe recommended he receive at least two quotes. 1 zs9 SEPTEMBER 17, 2003 TOWN BOARD MEETING PAGE 3 Supervisor Thorpe offered privilege of the floor to Kay Breed. County Legislator, Kay Breed discussed the battle over the County sales tax distribution. She and other County Legislators were attempting to make the County to give the 1.5% sales tax back to the towns, which the Ad -hoc Committee was trying to take away. Mrs. Breed assured the Town that she and the other legislators in the Cortlandville districts were fighting for the Town and it's portion of the sales tax distribution. She informed the Board there would be another County Legislature meeting regarding the sales tax issue September 24, 2003. Mrs. Breed apprised the Board the Medicaid and Retirement costs have hit hard on the County, and would be a problem for the 2004 County Budget. Councilman Rocco felt that the sales tax cut would be a "slush pot" for the County Highway Department. He recalled the problems that the County had with the Page Green Road project, and how they finally went to bond for the project. Mrs. Breed agreed, and stated that when the County proposed the tax cut they did not have a plan for how the money would be distributed. Supervisor Thorpe stated the ridiculous proposal was advanced as a solution to a problem that never existed. He felt that everyone, except Mr. VanDonsel, recognized that this would be an accounting quagmire before it ever got started. Councilman Rocco questioned why there were never any job cuts or consolidations within the County government to save money, as some of the biggest expenses are personnel costs. Councilman Rocco stated he was very concerned about the elderly residents of the Town who fear they may have to sell their homes, as they cannot afford the increasing taxes. Mrs. Breed stated nobody wants to eliminate jobs unless it is necessary. The County consolidated the Solid Waste Department and County Highway Department, and is looking to consolidate other departments in the future. She informed Councilman Rocco that most of the employees are civil service and have guaranteed benefits that cannot be cut or eliminated. She did not know if the contracts could be amended. Supervisor Thorpe offered privilege of the floor to Paul Allen. County Legislator, Paul Allen apprised the Board there was a constituent concern from Steve Lundberg of Alexandria Drive. Mr. Lundberg questioned whether the Town would patch the road in the near future. Highway Sup't. Bush stated the Highway Department would be patching Alexandria Drive within the next two months. Mr. Allen informed the Board the County Farm would soon be back on the tax role, as there were three applications pending before the Town Planning Board. He anticipated approximately $200,000 would be added to the tax role. Mr. Allen briefly discussed the Cortlandville Fire District's plans to construct a new radio tower in the Town and stated they should proceed judiciously. He provided the Board with information regarding radio towers and wide -band technology. Attorney Folmer apprised Mr. Allen that the Fire District and Fire Department are entirely separate from the Town of Cortlandville, and have their own budget. Mr. Allen stated he was concerned that the Town of Cortlandville would extend itself by offering the Fire Department use of the Blue Creek Road site, backup generator, and storage building. Supervisor Thorpe stated the issue should be discussed with Cortlandville Fire Chief Kevin Whitney rather than the Board. The Blue Creek Road site was only one of many possibilities. Attorney Folmer stated the financing, proposal, and methodology of accomplishing the project are decisions that would be made by the Fire District rather than by the Town. Once those decisions have been made, an application would have to be made to the Town Zoning Board for a variance, since there is a thirty-foot height limit on towers. An application to the Planning Board for its review of a site plan would also have to be made. The information Mr. Allen provided was of interest to the Board, but not at this particular time. Lastly, Mr. Allen invited the Board to attend a picnic at Citizen's Park on Sunday, September 28, 2003 from 2:00-5:00 p.m. to meet the Republican candidates in the upcoming election. Z60 SEPTEMBER 17, 2003 TOWN BOARD MEETING PAGE 4 Water & Sewer Sup't. Peter Alteri spoke to the Board on behalf of Cortlandville Fire Chief Kevin Whitney, who could not be present at the meeting. Chief Whitney asked Mr. Alteri to apologize to the Board for any miscommunication in the article published in the Cortland Standard. The Fire District is pursuing many sites for a possible radio tower. Monthly reports for the Town Clerk, Justice, and SPCA for the month of August 2003 are on the table for review and filed in the Town Clerk's office. Town Clerk Snyder apprised the Board they were invited to the Cortland Sports Complex ground breaking ceremony to be held September 22, 2003 at 5:00 p.m. Members of the Board were asked to RSVP to the Cortland County BDC/IDA. Attorney Folmer and the Board reviewed Short Environmental .Assessment Form for Suit-Kote Corporation for Cortland Asphalt Products. RESOLUTION #171 DECLARE NEGATIVE IMPACT FOR AQUIFER PROTECTION PERMIT #6 OF 2003 SUBMITTED BY SUIT- KOTE CORPORATION FOR CORTLAND ASPHALT PRODUCTS FOR PROPERTY LOCATED OFF OF ROUTE 11 Motion by Councilman O'Donnell Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED WHEREAS, an Aquifer Protection Permit application was submitted by Suit-Kote Corporation for Cortland Asphalt Products, for property located off of Route 11, permitting the installation of one 20,000 gallon storage tank for #2 fuel oil, tax map 987.00-03-16.121, and WHEREAS, the Town Board as Lead Agent, duly reviewed and completed the Short Environmental Assessment Form, therefore BE IT RESOLVED, the Town Board, as Lead Agent, does hereby declare the proposed project for the installation of one 20,000 gallon storage tank for 42 fuel oil by Suit-Kote Corporation for Cortland Asphalt Products, Aquifer Protection Permit #6 of 2003, shall have no significant environmental impact. RESOLUTION #172 AUTHORIZE SUPERVISOR TO SIGN SEQRA APPLICATION OF AQUIFER PROTECTION PERMIT #6 OF 2003 Motion by Councilman O'Donnell Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Supervisor is hereby authorized and directed to sign the SEQRA application relating to Aquifer Protection Permit 46 of 2003, submitted by Suit-Kote Corporation for Cortland Asphalt Products. RESOLUTION #173 APPROVE AQUIFER PROTECTION PERMIT #6 OF 2003 SUBMITTED BY SUIT-KOTE CORPORATION FOR CORTLAND ASPHALT PRODUCTS FOR PROPERTY LOCATED OFF OF 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 SEPTEMBER 17, 2003 TOWN BOARD MEETING PAGE 5 WHEREAS, a Public Hearing was duly held by this Town Board, therefore BE IT RESOLVED, the Town Board does hereby approve Aquifer Protection Permit #6 of 2003, submitted by Suit-Kote Corporation for Cortland Asphalt Products, for property located off of Route 11, permitting the installation of one 20,000 gallon storage tank for #2 fuel oil, tax map #87.00-03-16.121, subject to the following conditions: l . The appropriate permits being obtained from the NYS Department of Environmental Conservation (DEC) as this facility is considered a major on shore storage facility. 2. A negative declaration of environmental impact under SEQR. RESOLVED, the Supervisor is hereby authorized to sign the permit. Attorney Folmer and the Board reviewed the Short Environmental Assessment Form for Suit-Kote Corporation for Polkville Crushed Stone. RESOLUTION #174 DECLARE NEGATIVE IMPACT FOR AQUIFER PROTECTION PERMIT #7 OF 2003 SUBMITTED BY SUIT- KOTE CORPORATION FOR POLKVILLE CRUSHED STONE FOR PROPERTY LOCATED SOUTHWEST OF THE INTERSECTION OF ROUTE 11 AND ROUTE 41 Motion by Councilman Rocco Seconded by Councilman Testa VOTES: ALL AYE ADOPTED WHEREAS, an Aquifer Protection Permit application was submitted by Suit-Kote Corporation for Polkville Crushed Stone, for property located southwest of the intersection of Route 11 and Route 41, permitting the installation of one 18,000 gallon storage tank for #2 fuel oil, tax map #97.00- 01-31.000, and WHEREAS, the Town Board as Lead Agent, duly reviewed and completed the Short Environmental Assessment Form, therefore BE IT RESOLVED, the Town Board, as Lead Agent, does hereby declare the proposed project for the installation of one 18,000 gallon storage tank for #2 fuel, by Suit-Kote Corporation for Polkville Crushed Stone, Aquifer Protection Permit #7 of 2003, shall have no significant environmental impact. RESOLUTION #175 AUTHORIZE SUPERVISOR TO SIGN SEQRA APPLICATION OF AQUIFER PROTECTION PERMIT #7 OF 2003 Motion by Councilman Rocco Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Supervisor is hereby authorized and directed to sign the SEQRA application relating to Aquifer Protection Permit #7 of 2003, submitted by Suit-Kote Corporation for Polkville Crushed Stone. Attorney Folmer commented on the recommendations set by the County Planning Board. The first recommendation was that the appropriate permits be 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. The second recommendation was for the Town to consider requesting that the applicant install one or more groundwater monitoring wells, consistent with provisions set forth in 178-45B (3) of the Town's Code. The third recommendation was for a negative declaration of environmental impact under SEQR. z(z SEPTEMBER 17, 2003 TOWN BOARD MEETING PAGE 6 Attorney Folmer commented on the second recommendation regarding the installation of one or more groundwater monitoring wells. He apprised the Board that 178-45B (3) of the Town Code is a subdivision which deals with quarries, gravel mining, and excavation and sets forth several qualifications, such as monitoring wells. Attorney Folmer stated Suit-Kote's application was for a storage tank, which is not a quarry, gravel mine, or an excavation. Attorney Folmer apprised the Board that the engineering opinion of James Trasher, of Clough, Harbour & Associates, was that a monitoring well was not a requirement for this application. Supervisor Thorpe suggested the Board specifically indicate that the monitoring well was not necessary, since the storage tank was actually a replacement for a tank that was once there. Councilman Testa requested the Board require a concrete pad be included in the resolution. Attorney Folmer questioned whether it was a requirement of the NYS DEC to install a concrete pad in order for the appropriate permits to be approved. Dick Schutz of Suit-Kote apprised Attorney Folmer that they were: not required to install a concrete pad. Attorney Folmer recommended the Board adopt the Aquifer Protection Permit subject to conditions 1 and 3 from the County Planning Board, as well as incorporate the Town's condition that a concrete pad be added to the installation. RESOLUTION #176 APPROVE AQUIFER PROTECTION PERMIT #7 OF 2003 SUIT- KOTE CORPORATION FOR PROPERTY LOCATED SOUTHWEST OF THE INTERSECTION OF ROUTE 11 AND ROUTE 41 SUBJECT TO CONDITIONS Motion by Councilman Testa 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 #7 of 2003, submitted by Suit-Kote Corporation for Polkville Crushed Stone, for property located at the southwest intersection of Route 11 and Route 41, permitting the installation of one 18,000 gallon storage tank for #2 fuel oil, tax map #97.00-01-31.000, subject to the following 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 SEQR. 3. The installation of a concrete pad. RESOLVED, the Supervisor is hereby authorized to sign the permit. Attorney Folmer spoke to the Board regarding the Cortland Sports Complex and the grant application. He explained that the City of Cortland was erroneously awarded a grant for the Cortland Sports Complex. The Town of Cortlandville was referenced in -the body of the grant, but the City of Cortland was named as grantee. This created a problem since the facility would be located in the Town. Attorney Folmer contacted the person named in the correspondence awarding the grant to the City, who works for the federal government. He explained that the grant was awarded to the City of Cortland rather than to the Town of Cortlandville, and questioned how it could be resolved. He also questioned whether the Town, once in receipt of the grunt, could assign it to the Cortland County IDA for purposes of implementation and administration. Attorney Folmer informed the Board that the funding for the grant comes by reason of a statutory enactment from the United States Congress. In order to change the substance of the grant from the City of Cortland to the Town of Cortlandville, Congress would have to readopt the statute authorizing the grant. Zc3 SEPTEMBER 17, 2003 TOWN BOARD MEETING PAGE 7 However, the gentleman Attorney Folmer spoke with apprised him that he was in receipt of a letter from the Mayor of Cortland stating the Town should have been awarded the grant. Attorney Folmer was asked to draw an assignment by the City of its right, title and interest in the grant to the Town, indicating that the City was erroneously awarded the grant. The City of Cortland would sign the assignment and the Town would accept it. At that point, it would be forwarded to the federal government along with the Town's application. This would avoid the need for congressional action. Attorney Folmer stated he would speak with Mayor Mary Leonard regarding the assignment as soon as possible. RESOLUTION #177 AUTHORIZE AND DIRECT THE SUPERVISOR TO EXECUTE THE GRANT APPLICATION AND FORWARD THE PROCESS ON BEHALF OF CORTLAND SPORTS COMPLEX WHEN THE DOCUMENTATION IS SATISFACTORY TO COUNSEL Motion by Councilman O'Donnell Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED WHEREAS, the City of Cortland was erroneously awarded a grant for the Cortland Sports Complex and recognized such error, and WHEREAS, Attorney Folmer was directed to draw an assignment of right, title and interest in the grant to the Town, indicating that the City was erroneously awarded the grant, therefore BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to execute the grant application and forward the process on behalf of Cortland Sports Complex when the documentation is satisfactory to counsel. Town Clerk Karen Q. Snyder informed the Board that had it not been for Tom Gallagher the Town would never have been aware of the problem. Mr. Gallagher asked Town Clerk Snyder where the grant money was and handed her a copy of a letter addressed to Supervisor Thorpe from the USDA. The letter, which the Town never received, was in regards to the Town applying for such grant. Town Clerk Snyder apprised the Board she received correspondence from Earl and Betty Wild regarding their intent to renew the liquor license for the Golden Lunch Restaurant. Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and file correspondence from Earl and Betty Wild regarding their intent to renew the liquor license for the Golden Lunch Restaurant, located at 3950 NYS Route 281. All voting aye, the motion was carried. Town Clerk Snyder informed the Board Local Law No. 2 of 2003 was filed with the State of New York Department of State. RESOLUTION #178 ACKNOWLEDGE NOTIFICATION FROM THE STATE FOR FILING OF LOCAL LAW NO. 2 OF 2003 Motion by Councilman O'Donnell Seconded by Councilman Pilato VOTES: ALL AYE ADOPTED BE IT RESOLVED, the NYS Department of State acknowledged receipt of Local Law No. 2 of 2003, to be effective on August 25, 2003, amending the Zoning Law of the Town of Cortlandville to establish Design and Development Guidelines. SEPTEMBER 17, 2003 TOWN BOARD MEETING PAGE 8 Town Clerk Snyder apprised the Board that Mark Davis would be holding the approved Hare Scramble on September 21St, 2003 at his property located on Sears Road, from 8:00 a.m. to 5:00 p.m. She informed those in attendance that a Hare Scramble is an amateur motorcross race, monitored by the American Motorcycle Association. The association travels around counties looking for large parcels of land to utilize. Councilman O'Donnell stated the Hare Scramble is a family event. Councilman Rocco encouraged members of the Board to attend the event if they had an opportunity to do so. Town Clerk Snyder apprised the Board the Cortland County SPCA requested Town Board approval to use the Municipal Building located on NYS Route 281 (previously the Cortlandville Fire Department), for a temporary spaying/neutering clinic to be held on Thursday evenings. Highway Sup't. Bush and Town Clerk Snyder met with members of the SPCA Board to show them the building and discuss the request. They directed the SPCA to address a letter to the Board and submit a Certificate of Insurance; both of which were done. Town Clerk Snyder explained the use of the building by the SPCA would be temporary, until they found another place to house the clinics. Attorney Folmer suggested the Board require the SPCA to add the Town of Cortlandville as an "Additional Insured". Town Clerk Snyder stated she would notify the SPCA to add the Town to the Certificate of Insurance. The Board would act on the request at the October 1 st, 2003 meeting. Attorney Folmer reported: Town Justice Francis Casullo: Attorney Folmer apprised the Board that Judge Casullo was doing a wonderful job, and was well thought of by members of the Bar Association. Cortlandville Fire District Radio Tower: Attorney Folmer stated he felt that the article published in the Cortland Standard regarding the Cortlandville Fire District and the possible radio tower was well written, and did not believe that there was any miscommunication. He quoted Fire Chief Kevin Whitney's statement from the paper, "Nothing is cast in concrete." Wellhead Protection Ordinance: Attorney Folmer apprised the Board that the Cortland County Planning Board's cut-off date for permission for review was Friday, September 26, 2003. Prior to that date, he would submit the most recent version of the Wellhead Protection Ordinance to the County for their review and comment. Once the County made its comments, the Board could set a date for a public hearing. Emory Knight Junkyard Violation: Attorney Folmer apprised the Board that pursuant to Judge Casullo's order, on Wednesday September 15, 2003, at 1:00 p.m. he appeared with witness for trial regarding the Emory Knight Junkyard Violation. After talking with his attorney, Mr. Knight entered a plea of guilty to the charge of operating a junkyard in violation of Section 178-108 (c) in satisfaction of not only that charge, but of an earlier charp pending since 1997. Judge Casullo adjourned sentencing in the matter until November 10t , 2003 with the understanding that the sentencing would have a direct response to the steps taken to accomplish the cleanup. z (s SEPTEMBER 17, 2003 TOWN BOARD MEETING PAGE 9 RESOLUTION #179 REAPPOINT LOUIS D. CLOSSON TO THE BOARD OF ASSESSMENT REVIEW Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE APPROVED BE IT RESOLVED, the Town Board does hereby reappoint Louis D. Closson, 3076 West River Road, Cortland, NY, to the Cortlandville Board of Assessment Review for a five-year term commencing October 1, 2003 and expiring September 30, 2008. Discussion regarding the proposal for the final design, engineering, and construction phase services for the Starr Road Park Project from Clough, Harbour & Associates, was tabled. Councilman Testa explained the final design was not ready. Councilman Rocco made a motion, seconded by Councilman O'Donnell, to receive and file correspondence from Bernie Thoma of Thoma Development Consultants, regarding Blodgett Mills Community Development Block Grant. All voting aye, the motion was carried, the Councilman Rocco made a motion, seconded by Councilman O'Donnell, to receive and file correspondence from Bernie Thoma of Thoma Development Consultants, regarding Country Inn & Suites. All voting aye, the motion was carried. There was a brief discussion regarding the Town of Cortlandville Newsletter - 2003. Town Clerk Snyder apprised the Board she submitted the completed newsletter articles to the printer, Joanne Mazzone, although there was still time to submit articles. Once complete, the newsletter would be printed and sent back to the Town for mailing. The public notice for the Highland Road Sewer Project would also by typed by Ms. Mazzone and included in the newsletter. The newsletter would be mailed to coincide with the public hearing date. Councilman Rocco questioned whether County Legislator's were invited to write an informative article for the newsletter. Councilman O'Donnell asked whether the Town should include a questionnaire. Councilman Rocco did not believe a questionnaire would benefit the Town. Councilman Pilato agreed, and stated in his experience a questionnaire was not well responded to, nor is it scientific. Town Clerk Snyder extended the offer to write an article for the newsletter to members of the Board, as well as to the Planning and Zoning Boards. Councilman Testa reminded everyone that the purpose of the newsletter was to update residents and landowners of happenings in the Town in the past year. The newsletter is not for political or controversial issues. Attorney Folmer reminded the Board that the newsletter would be sent to every resident and property owner of the Town due to the Highland Road Notice, which has never been done in the past. RESOLUTION 9180 AMEND 2003 BUDGET TO ACCOUNT FOR RECEIVING AND SPENDING GRANT MONIES RECEIVED FROM LOCAL GOVERNMENT RECORDS MANAGEMENT IMPROVEMENT FUND Motion by Councilman O'Donnell Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED WHEREAS, the Town of Cortlandville made application to the New York State Archives for the Local Government Records Management Improvement Fund (LGRMIF) grant, and WHEREAS, a grant was awarded and received by the Town in the amount of $15,044.00, therefore z 6�0 SEPTEMBER 17, 2003 TOWN BOARD MEETING PAGE 10 BE IT RESOLVED, the Supervisor is hereby authorized and directed to amend the 2003 Budget to increase the following accounts: A1460.1 - $ 3,430.00 A1460.2 - $10,794.00 A1460.4 - $ 820.00 AND IT IS FURTHER RESOLVED, the 2003 Budget is hereby amended. There was a brief discussion regarding the appointment of a new Cortlandville Planning Board Member. Councilman O'Donnell stated he was very excited for the appointment of James Bugh to the Planning Board. Mr. Bugh is a retired Geology Professor at Cortland State. He has done a lot of local work including Boy Scouts as well as things within his educational field. Planning Board Member; Nick Renzi informed the Board that he and Kathy Wickwire interviewed Mr. Bugh for several hours. He felt that Mr. Bugh would bring a vast amount of knowledge and experience to the Planning Board. Mr. Renzi thanked Attorney Folmer for recommending Mr. Bugh to the Planning Board. RESOLUTION #181 APPOINT JAMES BUGH TO THE CORTLANDVILLE PLANNING BOARD Motion by Councilman O'Donnell Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED WHEREAS, due to the resignation of Planning Board Member Joseph L. Basile, Jr., there is a vacancy, and WHEREAS, a list of perspective applicants have been reviewed by the Planning Board and the Town Board, therefore BE IT RESOLVED, the Town Board does hereby appoint James Bugh of 560 Limehollow Road, Cortland, New York to the Cortlandville Planning Board, commencing September 17, 2003 and shall expire December 31, 2006. James Trasher of Clough, Harbour & Associates apprised the Board that he, the Senior Traffic Engineer at Clough Harbour & Associates, and Attorney Folmer met with the acting Regional Traffic Supervisor of the NYS DOT. They all met at the intersection of NYS Route 13 and McLean Road/Starr Road, on Wednesday, September loth, 2003, at 4:00 p.m., to review the traffic situation. He informed the Board that the NYS DOT was completing a study on the pedestrian crosswalk at the intersection. Based on their observations that day, the NYS DOT Traffic Supervisor stated he would have his staff investigate the turning movements of the traffic. Mr. Trasher was pleased with the outcome of the meeting. Mr. Trasher informed the Board that the NYS DOT was in Town daily completing studies on other traffic issues, such as curb cuts for First National Bank of Dryden on NYS Route 13, as well as other issues. No further comments or discussion were heard. Councilman O'Donnell made a motion, seconded by Councilman Testa, to recess the Regular Meeting to an Executive Session to discuss pending litigation. All voting aye, the motion was carried. The meeting was recessed at 6:50 p.m. The following information was received from the Supervisor's office. 1 SEPTEMBER 17, 2003 TOWN BOARD MEETING PAGE 11 z(7 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. RESOLUTION #182 AUTHORIZE AND DIRECT THE TOWN ATTORNEY AND THE TOWN'S ENGINEERING CONSULTANT FIRM TO INVESTIGATE AND MAKE RECOMMENDATIONS REGARDING ZONE CHANGES ALONG THE NYS ROUTE 281/ROUTE 13 CORRIDOR WITH ATTENTION TO GAS STATIONS AND BUILDING SIZE Motion by Councilman Testa Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby authorize and direct the Town Attorney and the Town's engineering consultant firm, Clough, Harbour & Associates, to investigate and make recommendations to the Town Board regarding zone changes along the NYS Route 281/Route 13 corridor, with attention to gas stations and building size, and it is further RESOLVED, the Town Attorney and Clough, Harbour & Associates shall report back to the Board by October 1", 2003. Councilman O'Donnell made a motion, seconded by Councilman Testa, to adjourn the Regular Meeting. All voting aye, the motion was carried. The meeting was adjourned at 7:30 p.m. 1 1 Respectfully submitted, Karen Q. Snyder Town Clerk Town of Cortlandville