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HomeMy WebLinkAbout11-07-2001Z3ZNOVEMBER 07, 2001 PUBLIC HEARING NO. 1 2002 PRELIMINARY BUDGET A Public Hearing was held by th at the Town Hall, 3577 Terrace Road, Preliminary Budget. Members present: e Town Board of the Town of Cortlandville Cortland, New York, concerning the 2002 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 Fohmer; Highway Sup't., Carl Bush; Water and Sewer Sup't, Peter Alteri; Tom Dady and James Trasher of Clough, Harbour & Associates; Architect, Karl Wendt; Richard Schutz of Suit-Kote Corp.; Town Assessor, David Briggs; and town residents, Wilma Puderbaugh, Sandy and Vittorio Panzanella; and News Reporter, Chris Nolan. Supervisor Thorpe called the Public Hearing to order. The Town Clerk read aloud the Legal Notice as published, posted and filed. Supervisor Thorpe explained when the Board was compiling the tentative Budget originally the town tax was to be raised by 49 cents per thousand, the village tax by 47 cents per thousand, and the fire tax by 4 cents per thousand. After modifying the budget the current increases are now 20 cents per thousand for the town tax, 18 cents per thousand for the village tax, and 4 cents per thousand the fire tax. This equates to a home assessed at. $100,000 would have a $20 increase. The average home in Cortlandville is assessed at $75,000. Their town tax increase would be $15 and their village tax increase would be $9. Councilman O'Donnell thanked Supervisor Thorpe and news reporter Chris Nolan for stating the increase understandably in his Cortland Standard article. Supervisor Thorpe complimented Chris Nolan on the accuracy of his article. Supervisor Thorpe offered privilege of the floor to those in attendance. No further comments or discussions were heard. Councilman Testa made a motion, seconded by Councilman Pilato, to close the Public Hearing. All voting aye, the motion was carried. The Public Hearing was closed at 7:05 p.m. I NOVEEMBER 07, 2001 7:15P.M. Z33 rV111 1'a[a1,1M_X41 AQUIFER PROTECTION PERMIT BESTWAY ENTERPRISES 3877 LUKER ROAD TAX MAP #86.17-0 1 -0 1.000 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 permitting the construction of a new pre-engineered metal building 120 ft. by 150 ft. for lumber storage to be constructed to replace three wood framed buildings at 3877 Luker Road in the Town of Cortlandville. 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 and Sewer Sup't, Peter Alteri; Tom Dady and James Trasher of Clough, Harbour & Associates; Architect, Karl Wendt; Richard Schutz of Suit-Kote Corp.; Town Assessor, David Briggs; and town residents, Wilma Puderbaugh, Sandy and Vittorio Panzanella; and News Reporter, Chris Nolan. Supervisor Thorpe called the Public Hearing to order. The Town Clerk read aloud the published, posted and filed legal notice. Supervisor Thorpe offered privilege of the floor to those in attendance. No comments or discussions were heard. Attorney Folmer recommended recessing the Public Hearing until 7:15 p.m. as scheduled. The Public Hearing was closed at 7:16 p.m. Z3� NOVEMBER 07, 2001 7:16 P.M. PUBLIC HEARING NO. 3 AQUIFER PROTECTION PERMIT GUTCHESS LUMBER COMPANY MCLEAN ROAD TAX MAP #95.12-01-16.000 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 permitting the retrofitting of an existing building to obtain new siding and raised roof (replacement) with no change in the use or operations conducted in said building, in the Town of Cortlandville. 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 Fohmer; Highway Sup't., Carl Bush; Water and Sewer Sup't, Peter A1teri; Tom Dady and James Trasher of Clough, Harbour & Associates; Architect, Karl Wendt; Richard Schutz of Suit-Kote Corp.; Town Assessor, David Briggs; and town residents, Wilma Puderbaugh, Sandy and Vittorio Panzanella; and News Reporter, Chris Nolan. Supervisor Thorpe called the Public Hearing to order. The Town Clerk read aloud the published, posted and filed legal notice. Supervisor Thorpe stated the architect for Gutchess Lumber Co., Karl Wendt, previously appeared before the Board to explain this project. Supervisor Thorpe offered privilege of the floor to those in attendance. Councilman O'Donnell stated Mr. Wendt had asked if the Route 281/Route 13 Advisory Committee had any concerns regarding this project. As Gutchess Lumber Co. is only replacing their present building with no change in the footprints, the committee had no concerns. Councilman Rocco made a motion, seconded by Councilman O'Donnell, to close the Public Hearing and reconvene to the Regular Meeting. All voting aye, the motion was carried. The Public Hearing was closed at 7:19 p.m. NOVEMBER 07, 2001 PUBLIC HEARING NO.4 7:30 P.M. Z35 1 1 AQUIFER PROTECTION PERMIT SUIT-KOTE CORPORATION 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 permitting the construction and operation of a batch mix black top plant to be located on the southwest side of U.S. Route 11, west of the Interstate Route 81 Exit 10 ramp, in the Town of Cortlandville. 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 and Sewer Sup't, Peter Alteri; Tom Dady and James Trasher of Clough, Harbour & Associates; Architect, Karl Wendt; Richard Schutz of Suit -Kole Corp.; Town Assessor, David Briggs; and town residents, Wilma Puderbaugh, Sandy and Vittorio Panzanella; and News Reporter, Chris Nolan. Supervisor Thorpe called the Public Hearing to order. The Town Clerk read aloud the published, posted and filed legal notice. Supervisor Thorpe offered privilege of the floor to those in attendance. Councilman O'Donnell requested the letter written by the McGraw Mayor, John Fitch, in opposition to Suit-Kote Corp. relocating their Homer plant in Polkville is part of this Public Hearing. This letter was received and filed at the last Town Board Meeting. Richard Schutz of Suit -Kole Corp. explained Suit-Kote is requesting an Aquifer Protection Pei-mit to relocate an existing plant in Homer to their Route 11 location in Polkville. He stated the necessity for the relocation was due to running out of proper aggregate. Considerable money has been spent transporting material from Polkville to operate the plant. Mr. Schutz explained the various equipment currently housed at the Homer plant. The hours of operation would be from 6:00 a.m. to 4:30 p.m. Monday through Friday with an occasional Saturday. The anticipated traffic would be an additional 20 to 40 trips per trucks per day or 3 to 5 per hour based on average production. Mr. Schutz stated the Cortland County Planning Department reviewed the anticipated traffic and determined it would not be a significant issue. All Health Department requirements will be met including the agreement with the NYS DEC not to place old blacktop or clean out material in the pond. Buck Environmental Laboratory completed a report on October 16, 2001 that no contaminants were found in the pond by any existing operation. These tests were performed in July, August and September 2001. Mr. Schutz addressed the odor issue raised by the letter written by the Village of McGraw Mayor. He explained the Homer batch plant process. Which uses a process different for the Polkville plant. Mr. Schutz discussed residents from the Homer area have not found a significant odor problem and distributed two letters written by Homer residents. Asphalt does have a certain amount of odors coming out of the tank. Odors are also generated when asphalt is loaded into trucks. Suit-Kote Corp. believes the location of the Homer batch plant in Polkville will result in no change in odors. Mr. Schutz demonstrated and explained a map of the site plan for the relocation. Sandy Panzanella explained she has a home on Port Watson Street and her daughter has a home on Bartlett Avenue. She expressed her concerns with an additional plant being constructed when the present odor problems from Suit-Kote Corp. current facilities have not been solved. Z36NOVEMBER 7, 2001 PUBLIC HEARING PAGE 2 Mrs. Panzanella explained the problems she and her daughter have had with odors from the Polkville plant. Area residents have made complaints to the Health Department with no results. She requested the Board think of the citizens and not just the benefit to the corporation. Mr. Schutz presented the Board with copies of the two letters from Homer area residents, Carl Burhans and Russell Warren, stating they have not had any problems with odors. Supervisor Thorpe read the letters aloud. Supervisor Thorpe commented it appears Suit-Kote is relocating a facility that has not caused a problem in the past. Councilman O'Donnell stated residents on both sides of the river have commented since the final system Suit -Kole installed at their Loring Crossing plant. There has been an improvement in the odors. Councilman O'Donnell suggested as Suit-Kote had success in the Loring Crossing area they should look into technology to correct the present situation in Polkville before adding an additional Batch Plant. The Swishers on Carr Hill Road asked Councilman O'Donnell to speak about the smokestacks from the Polkville plant is even with Carr Hill Road. When the Swishers overhead garage door is open the house fills with odors. Councilman O'Donnell has noticed the odor in McGraw as well as the Blodgett Mills area. He expressed concern for the quality of life and suggests Suit-Kote take care of their present problems. Mrs. Panzanella inquired if the Town Planning Board denied this request. Supervisor Thorpe stated the Planning Board wanted the Town Board to be Lead Agency. They did not deny the request on technical grounds. Mrs. Panzanella stated during the summer she must air out the recreation building at the Yellow Lantern Kampground. She feels Suit-Kote still has a problem with the odors at their Loring Crossing facility. Attorney Folmer stated he has part one of the SEQRA review form. He requested Suit-Kote Corp. complete part two and submit it for the Board's review by the December 5" Board meeting. In response to Attorney Folmer's question regarding another location for the Homer plant, Mr. Schutz stated the main reason for relocating is material. Suit-Kote only has the one other mine. Economically they need the plant where the mine is located. Transportation is a major cost factor to remain competitive. If the cost of transporting stone to the black top plant is added it. -will effect Suit-Kote's ability to compete for projects. Mr. Schutz explained only non State spec material remains at the Homer plant. Attorney Folmer recommended recessing the Public Hearing until December 5, 2001. Attorney Folmer apprised the Board he will have the town's engineering firm review the SEQRA material in order for the Board to act on it at the December 5"' meeting. Councilman O'Donnell reiterated his concerns regarding Suit-Kote's present odor problem in Polkville being taken care of before adding another facility. Attorney Folmer stated the County Planning Board recommended approval of the Suit-Kote Corp. Aquifer Protection Permit. Odor was not referred to among the county's six conditions. Supervisor Thorpe stated the issue is relocating the existing plant in Homer, not accommodating the odor complaint that currently exists in Polkville. If the fact that the Homer plant does not generate odor is accepted how can the assumption be made that moving the plant to Polkville will generate odor. The Board discussed concerns for possible additional odors if the Homer plant is relocated in Polkville. Mr. Schutz explained the different types of odors. According to Suit-Kote Corp. studies the technology Suit-Kote used in the Loring Crossing facility would not be appropriate for the Polkville facility. Councilman Rocco made a motion, seconded by Councilman Pilato, to recess the Public Hearing until December 5, 2001 and reconvene to the Regular Meeting. All voting aye, the motion was carried. The Public Hearing was recessed at 8:05 p.m. 11 1 NOVEMBER 07, 2001 7:06 P.M. Z37 1 1 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 and Sewer Sup't, Peter Alteri; Tom Dady and James Trasher of Clough, Harbour & Associates; Architect, Karl Wendt; Richard Schutz of Suit -Kole Corp.; Town Assessor, David Briggs; Bernie Thoma of Thoma Development; and town residents, Wilma Puderbaugh, Sandy and Vittorio Panzanella; and News Reporter, Chris Nolan. Supervisor Thorpe called the meeting to order. Councilman Rocco made a motion, seconded by Councilman Testa, to approve the Special Town Board Minutes of May 23, 2001, as written. All voting aye, the motion was carried. Councilman O'Donnell made a motion seconded by Councilman Rocco, to receive and file Zoning Board of Appeal Minutes of August 28, 2001. All voting aye, the motion was carried. Councilman Pilato made a motion seconded by Councilman O'Donnell, to receive and file Zoning Board of Appeal Minutes of September 25, 2001. All voting aye, the motion was carried. Councilman Testa made a motion seconded by Councilman O'Donnell, to receive and file Zoning Board of Appeal Minutes of October 2, 2001. All voting aye, the motion was carried. RESOLUTION #208 AUTHORIZE PAYMENT OF VOUCHERS- NOVEMBER Motion by Councilman O'Donnell Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED BE IT RESOLVED, the vouchers submitted have been audited and shall be paid as follows: General Fund A Vouchers #530 -546 $ 7,298.64 General Fund B 109 -114 $ 6,080.53 Highway Fund DB 414 -435 $ 85,976.97 Water Fund 238 -251 $ 17,302.38 Sewer Fund 150 -153 $ 790.25 Capital Projects 51 - 54 $233,489.68 Monthly reports for the Supervisor and Town Clerk for October 2001 and the Justice for August and September 2001, are on the table for review and filed in the Town Clerk's office. ZM NOVEMBER 07, 2001 TOWN BOARD MEETING PAGE 2 RESOLUTION #209 ACKNOWLEDGE NOTIFICATION FROM THE STATE FOR FILING OF LOCAL LAW NO. 5 OF 2001 Motion by Councilman Pilato Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED, NYS Dept. of State acknowledged receipt of Local Law No. 5 of 2001, to be effective on October 9, 2001, referring to amendments to Local Law No. 4 of 2001 Moratorium. Town Clerk, Karen Snyder, apprised the Board she received notification from NYS DOT Regional Traffic Engineer, Barry Stevens regarding the town's request to lower the speed limit on East River Road. The town filed this application and petition in April 1999. Mr. Stevens stated that reducing the speed limit on East River Road was not appropriate at this time. Councilman O'Donnell made a motion seconded by Councilman Pilato, to receive and file notification from NYS DOT Regional Traffic Engineer, Barry Stevens to Town Clerk, Karen Snyder. All voting aye, the motion was carried. Attorney Folmer reported: Yellow Lantern Kampground/Suit-Kote Corp. litigation: Attorney Folmer explained Judge Dowd granted an injunction against the use of the tanks installed by Suit-Kote Corp. at their Loring Crossing site. Judge Dowd refused to grant an injunction against the town for considering future applications because the court has no authority to grant such an injunction. He did adopt for a rule of law. When the Zoning Board of Appeals grants a variance for a non -conforming use, that use is no longer considered non -conforming but a permitted use in whatever zoning districts it is in. Attorney Folmer informed Planning Board Chairperson, Katherine Wickwire and Zoning Board of Appeals Chairman, David Plew of Judge Dowd's decision. As far as the town is concerned regarding Judge Dowd's injunction against the use of Suit -Kate Corp. tanks, no relief was granted against the town. His decision does not prohibit Suit -Kole Corp. from making any further procedures regarding future use of its property. It is basically to grant the injunction against the use of their present tanks. Attorney Folmer has asked for confirmation. He believes the tanks are empty and not in use. Judge Dowd's decision was filed with the court clerk the first of November. There is thirty days for either party to appeal. Attorney Folmer felt the town need not appeal and is unaware if Yellow Lantern Kampground or Suit-Kote Corp. intends to appeal. IDA-Senaca Automatic Door Inc. In -Lieu -of -Tax Agreement: Attorney Folmer explained the Cortland County Industrial Agency has an agreement with Seneca Automatic Door Inc. regarding in -lieu -of -tax payment to the town. This is a standard agreement where tax payments begin in the fourth year of the agreement. Twenty-five percent of the normal tax will be paid for the fourth and fifth year, 50% for the sixth, seventh and eighth year, 75% for the ninth and tenth year, and full tax payment is to be paid in the eleventh year. The purpose for this agreement is to produce jobs. The IDA monitors the schedule of how many jobs are produced within the years of the agreement. The town cannot interfere as the IDA has statutory authority. Attorney Folmer spoke with Town Assessor, David Briggs concerning allowing companies tax relief and their leaving the area when the first year of full tax is due as did Rubbermaid in the City of Cortland. Assessor Briggs has monitored companies in the past and added properties to the tax roles if compliance with the agreement has not been met. Arbitration: Attorney Folmer and Town Engineer, Hayne Smith will be involved in the arbitration proceeding concerning the contractual matter before the arbitrator in Binghamton. Exhibits have been compiled and arbitration will begin the morning of November 13, 2001 for two days if necessary. Engineer Smith will be the only witness for the town as he monitored the process and advised the Board as to the steps to take to terminate the agreement. I NOVEMBER 07, 2001 TOWN BOARD MEETING PAGE 3 Z39 Bonding for Crestwood Court and Page Green Road Water and Sewer Projects: Attorney Folmer stated bonding issues on the Crestwood Court and Page Green Road Water and Sewer Projects, that were underfunded due to bidding process, is scheduled for November 21, 2002. The final bonding resolutions could be adopted at that time, which will initiate the 20-day permissive referendum period. The town will be using Alliance Bank. The percentage rate for the bonds will be available closer to the actual date of bonding. The Federal government has lowered the interest rates at this time. This may effect the interest rate for the town's bonds. Councilman O'Donnell made a motion seconded by Councilman Testa to recess the regular meeting to open Public Hearing No. 2 for Bestway Enterprises and Public Hearing No. 3 for Gutchess Lumber concerning Aquifer Protection Permit applications. All voting aye, the motion was carried. The regular meeting was recessed at 7:14 p.m. Reconvene regular meeting at 7:19 p.m. following Public Hearings No. 2 and No. 3 for Bestway and Gutchess Lumber Co. Aquifer Protection Permit applications. Councilman Testa apprised the Board of residents requesting a left-hand turn signal at the intersection of Route 13, McLean Road and Starr Road. It is very dangerous turning left from Starr Road or McLean Road onto Route 13 with many accidents and near accidents having occurred. Councilman Testa requested the Supervisor write a letter to the NYS DOT requesting a left turn signal at that intersection. Councilman O'Donnell stated he also has received the same request. Supervisor Thorpe stated the intersection is not a ninety -degree angle and it is very difficult to see oncoming traffic. RESOLUTION #210 AUTHORIZE SUPERVISOR TO WRITE A LETTER TO NYS DEPARTMENT OF TRANSPORTATION REQUESTING THE INSTALLATION OF A LEFT HAND TURN SIGNAL AT THE INTERSECTION OF NYS ROUTE 13, MCLEAN AND STARR ROADS 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 Supervisor to write a letter to the NYS Department of Transportation requesting the installation of a left hand turn signal at the intersection of NYS Route 13, McLean and Starr Roads. RESOLUTION #211 DECLARE NEGATIVE IMPACT FOR AQUIFER PROTECTION PERMIT #9 OF 2001 BESTWAY ENTERPRISES FOR PROPERTY LOCATED AT 3877 LUKER ROAD Motion by Councihnan O'Donnell Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED WHEREAS, an Aquifer Protection Permit application was submitted by Bestway Enterprises, property located at 3877 Luker Road permitting the construction of a new pre-engineered metal building 120 ft. by 150 ft. for lumber storage to be constructed to replace three wood framed buildings, tax map #86.17-01-01.000, 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 of Bestway Enterprises, Aquifer Protection Permit #9 of 2001, shall have no significant environmental impact. Zq0 NOVEMBER 07, 2001 TOWN BOARD MEETING PAGE 4 RESOLUTION #212 AUTHORIZE SUPERVISOR TO SIGN SEQRA APPLICATION OF AQUIFER PROTECTION PERMIT #9 OF 2001 Motion by Councilman Rocco Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Supervisor is hereby authorized and directed to sign the SEQRA application relating to Aquifer Protection Permit #9 of 2001, submitted by Bestway Enterprises, Inc. RESOLUTION #213 APPROVE AQUIFER PROTECTION PERMIT #9 OF 2001 BESTWAY ENTERPRISES FOR PROPERTY LOCATED AT 3877 LUKER ROAD SUBJECT TO CONDITIONS Motion by Councilman Rocco Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED WHEREAS, the Cortland County Planning Department and the Town Planning Board have reviewed and recommended approval of this Aquifer Permit Protection application subject to conditions, 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 #9 of 2001, submitted by Bestway Enterprises for property located at 3877 Road permitting the construction of a new pre-engineered metal building 120 ft. by 150 ft. for lumber storage to be constructed to replace three wood framed buildings, tax map #86.17-01-01.000, subject to the following conditions: 1. Removal of the concrete footprints from the three wood framed storage buildings and replacement of these areas with a pervious material. If the concrete building footprints are not removed, the total impervious surface of the site would increase which may require a stormwater pollution prevention plan to be completed under the Town's Stormwater Ordinance. 2. A program being developed for on -site monitoring wells testing for arsenic, copper, chromium, and volatile organics. 3. A negative declaration of environmental impact under SEQRA. RESOLUTION #214 DECLARE NEGATIVE IMPACT FOR AQUIFER PROTECTION PERMIT#10 OF 2001 GUTCHESS LUMBER COMPANY FOR PROPERTY LOCATED AT MCLEAN ROAD Motion by Councilman Rocco Seconded by Councilman Pilato VOTES: ALL AYE ADOPTED WHEREAS, an Aquifer Protection Permit application was submitted by Gutchess Lumber Co., for property located at. McLean Road permitting the retrofitting of an existing building to obtain new siding and raised roof (replacement) with no change in the use or operations conducted in said building, 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 of Gutchess Lumber Co., Aquifer Protection Permit #10 of 2001, shall have no significant environmental impact. NOVEMBER 07, 2001 TOWN BOARD MEETING PAGE 5 Zq I RESOLUTION #215 AUTHORIZE SUPERVISOR TO SIGN SEQRA APPLICATION OF AQUIFER PROTECTION PERMIT #10 OF 2001 Motion by Councilman Rocco Seconded by Councilman Pilato VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Supervisor is hereby authorized and directed to sign the SEQRA application relating to Aquifer Protection Permit #10 of 2001, submitted by Gutchess Lumber Co. RESOLUTION #216 APPROVE AQUIFER PROTECTION PERMIT #10 OF 2001 GUTCHESS LUMBER CO. FOR PROPERTY LOCATED AT MCLEAN ROAD Motion by Councilman Rocco Seconded by Councilman Pilato VOTES: ALL AYE ADOPTED WHEREAS, the Cortland County Planning Department and the Town Planning Board have reviewed and recommended approval of this Aquifer Permit Protection application as originally submitted, 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 #10 of 2001, submitted by Gutchess Lumber Co., for property located at McLean Road permitting the retrofitting of an existing building to obtain new siding and raised roof (replacement) with no change in the use or operations conducted in said building, tax map #95.12-01-16.000. RESOLUTION #217 RECEIVE LISTING OF WATER AND SEWER AGED ACCOUNTS FOR THE YEAR OF 2001 Motion by Councilman Rocco Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED, the listing of water and sewer unpaid aging accounts for the year of 2001 shall hereby be received and filed, as required. Supervisor Thorpe offered privilege of the floor the Water and Sewer Sup't. Peter Alteri. Water and Sewer Sup't. Alteri stated security is becoming an issue for the town. Steps have been taken to protect the water system but Town Hall does not have a security system in place. He explained a security system would entail various devices within Town Hall. If someone unauthorized entered the building an alarm would be triggered to the dispatch center and the authorities would respond. The cost is $1,845 and would be monitored by our local dispatch center. Included is the Town Clerk, Court Clerk and Judge would each have a panic button available. This button is wireless and could be carried throughout the building. Upon installation of the security system the town's insurance company would give a 15% to 20% discount per site as long as it goes directly to a dispatch center. Supervisor Thorpe inquired if the town was obliged to go out for bid for the project. Water and Sewer Sup't. Alteri explained that only a small amount is needed for the project and does not need to go to bid. He has received two quotes from reputable companies with one being local. Z1ZNOVEMBER 07, 2001 TOWN BOARD MEETING PAGE 6 In answer to questions regarding opening Town Hall, Sup't. Alteri explained keypads would be installed in the entrances. Individuals would have a code or pass to open. the building. When exiting the building at night the last person leaving at night would enter a code. Various features are available including to have the system run by itself. If approved actual details of the system would be worked out by Highway Sup't. Bush and Town Clerk Snyder. RESOLUTION #218 AUTHORIZE ESTABLISHMENT AND INSTALLATION OF A SECURITY SYSTEM WITHIN TOWN HALL Motion by Councilman Testa Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby authorize and direct the establishment and installation of a security system within Town Hall, and it is further RESOLVED, that said security system is to be installed by Tri-County Security Systems, Inc. not to exceed $1,845.00. Councilman O'Donnell made a motion seconded by Councilman Testa to recess the regular meeting to open Public Hearing No. 4 for Suit-Kote Aquifer Protection Permit. All voting aye, the motion was carried. The regular meeting was recessed at 7:30 p.m. Reconvene regular meeting following Public Hearing No. 4 for Suit-Kote Corp. Aquifer Protection Permit application. Privilege of the floor was offered to Bernie Thoma of Thoma Development. Mr. Thoma referred to the Board's submission of a grant application to the State for Wilbedone Inc. loan project. Supervisor Thorpe received acknowledgement that the grant was approved. The Board now needs to decide to accept the grant. Attorney Folmer stated the grant contract from the State does not state what the contract is for and does not refer to Wilbedone Inc. Attorney Folmer explained the maximum award of the grant is $212,000. Two hundred thousand dollars is for machinery and equipment, $7,000 is for grant administration and $5,000 for program delivery. Attorney Folmer explained the money comes to the town. Any necessary expenses above that amount are the responsibility of the town. Attorney Folmer reviewed the language of the contract with the Board and expressed concern with several areas. Attorney Folmer apprised the Board that based on the paperwork given him for review, he is not prepared to recommend acceptance at this time. The agreement was received in the Town Clerk's office on October 24, 2001 and must be returned to the State in 45 days. The Board agreed to discuss the grant at the November 21, 2001 meeting to allow Attorney Folmer time for further review. Attorney Folmer requested a copy of Wilbedone Inc.'s original application for a loan from the town. Mr. Thoma explained the City of Cortland has a similar revolving loan program. Money is loaned to various area businesses. In response to Councilman Pilato's concern of responsibility, Attorney Folmer stated the town may contract to have the loan monitored but the Board will be responsible for the final monitoring. Mr. Thoma explained the expense for the initial administration or setting up a monitoring program is included in the grant money received. Once a loan is made additional costs for the required monitoring can be paid from the repayment of the loan. Thoma Development is paid this way for monitoring the City's loans. n �u NOVEMBER 07, 2001 TOWN BOARD MEETING PAGE 7 Z'i3 RESOLUTION #219 ACCEPT STATEMENT OF COMPLETION FOR ROUTE 215 WATER STORAGE TANK PROJECT- 1997 Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Statement of Completion for the Route 215 Water Storage Tank Project-1997 in the amount of $725,067.08, is hereby accepted, and shall be received and filed. Councilman Testa made a motion seconded by Councilman Rocco, to receive and file correspondence from Cortlandville Fire Department Chief Kevin Whitney. All voting aye, the motion was carried. Chief Whitney is requesting assistance with the installation of a water storage tank for fire protection measures at the intersection of Page Green and Tower Road. Highway Sup't. Bush discussed the installation of the water tank with the Board and requested permission to assist the Fire Department. RESOLUTION #220 AUTHORIZE TOWN HIGHWAY AND WATER SUPERINTENDENTS TO ASSIST THE CORTLANDVILLE FIRE DEPARTMENT WITH INSTALLATION OF UNDERGROUND WATER STORAGE TANK Motion by Councilman Rocco Seconded by Councilman Testa VOTES: ALL AYE ADOPTED WHEREAS, Cortlandville Fire Department Chief has requested the assistance of the Town Highway and Water Departments with the installation of an underground water storage tank for fire protection measures, therefore BE IT RESOLVED, the Town Board does hereby authorize and direct the Town Highway and Water Superintendents to assist the Cortlandville Fire Department with the installation of an underground water tank at the intersection of Page Green Road and Tower Road. Councilman O'Donnell made a motion seconded by Councilman Testa, to receive and file correspondence from NYS Department of Transportation Traffic Engineer, Barry Stevens. All voting aye, the motion was carried. Mr. Stevens correspondence stated after further review of traffic conditions at the NYS Route 281 and Commons Avenue intersection, the NYS DOT decided a three -color traffic signal is not needed at this time. Councilman Testa made a motion, seconded by Councilman Pilato, to recess the Regular Meeting to an Executive Session to discuss a pending litigation. All voting aye, the motion was carried. The meeting was recessed at 8:17 p.m. The following information was received from the Supervisor's office. 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. No action was taken. z 91 NOVEMBER 07, 2001 TOWN BOARD MEETING PAGE 8 Councilman Rocco made a motion, seconded by Councilman O'Donnell, to adjourn the Regular Meeting. All voting aye, the motion was carried. The meeting was adjourned at 8:50 p.m. Respectfully submitted, Karen Q. Snyder Town Clerk Town of Cortlandville