HomeMy WebLinkAbout09-17-2003SEPTEMBER 17, 2003
5:00 P.M.
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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.
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SEPTEMBER 17, 2003
5:15 P.M.
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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.
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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.
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SEPTEMBER 17, 2003
5:30 P.M.
257
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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, 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.
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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.
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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.
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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.
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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.
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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.
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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
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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.
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SEPTEMBER 17, 2003 TOWN BOARD MEETING PAGE 11
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Councilman O'Donnell made a motion, seconded by Councilman Testa, to adjourn the
Executive Session and reconvene to the Regular Meeting. All voting aye the motion was carried.
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.
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Respectfully submitted,
Karen Q. Snyder
Town Clerk
Town of Cortlandville