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Home My WebLink About12-05-20012-60 DECEMBER 05, 2001 7:00 P.M. PUBLIC HEARING RECONVENED FROM NOVEMBER 7, 2001 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 Cort.landville. Members present: Supervisor, Raymond Thorpe Councilman, Theodore Testa Councilman, Edwin O'Donnell Councilman, Ronal Rocco Councilman, John Pilato Town Clerk, Karen Snyder Others present were: Town Attorney, John Folmer; Highway Sup't., Carl Bush; James Trasher- of Clough, Harbour & Associates; County Legislature, Marilyn Brown; Paul Suits and Dick Schutz of Suit-Kote Corp.; City of Cortland residents, Diane Potter, Doug Potter, Tom Michales, Betsy Wisner, Pam Smith, Cindy Horner and Allyson Greagan; town residents, Betty Wood, Darlene & Gordon Watrous III, Lee Miller, John & Mary Potter, Cheri & Chuck Sheridan, Roberta Reardon; and News Reporter, Chris Nolan. Supervisor Thorpe called the Public Hearing to order and requested Attorney Folmer summarize Suit -Kole Corporation's Aquifer Protection Permit request. Attorney Folmer explained this Public Hearing was originally opened on November 7, 2001 dealing with an Aquifer Protection Permit application for Suit - Kole Corporation. The subject was discussed for approximately 30 minutes. The Public Hearing was recessed until tonight due to lack of public input. Attorney Folmer also stated thatno action was taken at that meeting in contrast to what was implied in the newspaper. Under the provisions of the Aquifer Protection statute the Board is concerned with water quality and ground `eater resources. Attorney Folmer recommended that after tonight's Public Hearing the engineering firm Clough, Harbour & Associates review the application for the purpose of SEQRA dealing with the general character of the neighborhood as well as other concerns including odors and emissions. Then render a report before any action is taken. Attorney Folmer stated this is where things stand now and reiterated that no action has been taken to date. The Board received recommendations from the Cortland County Planning Board, which recommended the applicant be approved subject to six conditions with one being a negative declaration under- SEQRA. The Town Planning Board recommended the application be denied. These recommendations and any communications received will be made part of the record. One letter was received from the Mayor of McGraw on behalf of the Village Board, which was included in the Town Board meeting of November 7, 2001. Councilman O'Donnell stated the Town Planning Board recommended that the Town Board be Lead Agency. He inquired into what the Board's responsibility is as Lead Agency. Attorney Folmer explained the Board is responsible to examine and make the determinations required by SEQRA. It is to the Board's advantage to have engaged the services of Clough, Harbour & Associates for their review of the SEQRA and Aquifer Protection Permit application and render a report. Under SEQRA regulations the applicant is required to pay for those services, rather than the taxpayers. The applicant is prepared this evening to deposit an amount estimated by Clough, Harbour & Associates as the cost of their review of this project. The responsibility falls on the Board to make the determination under SEQRA when acting as Lead Agency. Supervisor Thorpe offered privilege of the floor to Dick Schutz of Suit -Kole Corporation to explain the proposed project. 1 1 DECEMBER OS, 2001 PUBLIC HEARING PAGE 2 Z61 Dick Schutz explained Suit-Kote Corporation is requesting an Aquifer Protection Permit to allow the relocation of an existing 3-ton batch mix black top plant from its current location in Homer to their Polkville facility on Route 11. It is necessary to relocate the plant at this time due to running out of the proper aggregate at the Homer facility. The relocation consists of a number of components including moving various pieces of equipment. The hours of operation would be 6:00 a.m. to 4:30 p.m. Monday through Saturday. Increase in traffic would be approximately 20- 40 truck trips per day based on an average annual production of 80,000 tons per year. Plus approximately one additional truck trip per day to bring asphalt to the plant. Bulk petroleum storage will meet all Cortland County Health Department requirements, which supercedes the NYS Department of Environmental Conservation authority in Cortland County. Surrounding grounds where any containment areas are will be impermeable to the asphalt cement stored there. Suit- Kote Corp. has several agreements in place with the DEC regarding permits that will be modified according to town and DEC regulations. On April 16, 2001 Buck Environmental Labs issued a report required by the DEC, which showed no contamination of the pond water by any existing operation. These tests were clone according to DEC regulations in their request for Suit-Kote's operating permit for July, August and September. Mr. Schutz stated a significant issue is odor. He explained the Homer batch plant uses a process that is entirely different from the drum mix plant. The batch plant dryer flame never comes close to the asphalt as does the drum mix plant. Mr. Schutz stated Suit-Kote Corp. does not anticipate the relocation of the Homer batch plant to Polkville will result in any significant net change in odors to the surrounding area. Attorney Folmer inquired about the agreements with the DEC. Mr. Schutz explained Suit-Kote has an air permit, mining permit and an existing petroleum bulk storage permit. These agreements do not have anything to do with the new proposal. The air permit and speedier permit, which is a containment permit, would need to be modified upon approval by the town. Attorney Folmer stated approval by the town could be contingent upon the town's approval of those agreements. Attorney Folmer requested the number of trucks currently operating. In order for the Board to determine if the traffic pattern will be significainily effected by the increase of 20-40 trucks per day the base amount of truck traffic is needed. Mr. Schutz stated he did not have those numbers with him. That information had been submitted to the County Planning Board. They did not have a recommendation or problem with truck traffic. Mr. Schutz stated the number of trucks presently operating would be part of the SEQRA information supplied to Clough, Harbour & Associates. Attorney Folmer stated that Mr. Schutz stated tonight the reason for the relocation is due to running out of gravel in Homer. It was not stated tonight as in Mr. Schutz's August letter- that it is not economically feasible to haul sand and gravel to the plant in use for black top production. Currently, Suit-Kote draws materials from their Polkville facility and transports to their Homer facility. The underlying motive for this request is that Suit-Kote Corp. could operate the way they are now, it's just not economically feasible to do so. Attorney Folmer also inquired if Mr. Schutz had or submitted any information concerning the nature of the material as it relates to health hazards. Mr. Schutz stated he had not. submitted any such information. Supervisor Thorpe stated relocating the Homer plant to Polkville will not change the degree of mining at the Polkville facility. Attorney Folmer stated the reason this Aquifer Protection Permit is being requested. This particular operation is prohibited Linder section 178.45 of the Aquifer Protection Ordinance. A special permit under section 178.46 is required. The record needs to snow why this request is being made. Attorney Folmer stated the permits from Cortland County Health Dept. supercedes the requirements of the DEC. Mr. Schutz stated only petroleum bulk storage as it relates to light petroleum products. Attorney Folmer inquired if Suit-Kote Corp. had consulted with the U.S. Environmental Protection Agency or the DEC regarding any contamination of ground water at the Homer- facility as was perf ormed at the Polkville plant. It is not known if the plant as it exists now has resulted in any contamination at the Homer area. Mr. Schutz stated no study had been performed. There has been no indication that there has been any adverse effect on the ground water. 2 2 DECEMBER 05, 2001 PUBLIC HEARING PAGE 3 In answer to Councilman Rocco's question Mr. Schutz stated the water table in Polkville is approximately eight to twelve feet below the surface and six to eight feet in Homer. Supervisor Thorpe offered privilege of the floor to those in attendance. John Potter of East River Road explained he has been affiliated with the Suit- Kote Corp. for 18 years as owner -operator in the trucking of liquid asphalt. Originally there were only one or two pages of requirements. This year the requirements are "as thick as the Sunday paper". Mr. Potter stated Suit-Kote Corp. is possibly within the top 10 employers in Cortland County. This Board and Cortland County should do what they can to keep employers. He also commented that the majority of the material for the repaving of Route 13 came from Suit-Kote. Mr. Potter stated he was in favor of the relocation. Cortland County Legislator Marilyn Brown stated Suit-Kote is a good employer and is appreciated but health is an issue also. She has had several complaints from residents from Port Watson Street Bridge to Cedar Street. Kellogg Street residents complain they cannot open their windows due to odors. Legislator Brown stated she understood the aquifer is under question but so is the air quality. She stated she is here on behalf of the residents and encouraged the Board to really look into this issue. Betty Wood of Blodgett Mills Road complained of odors and breathing difficulties during the summer. She distributed copies of the Aquifer Protection District ordinance to the Board. She read aloud the section that refers to activities prohibited in an industrial facility including production from by-products coal, coke and natural gas. Ms. Wood stated Suit-Kote falls under this prohibition, which should be enough to deny their request. She also stressed that air quality is an important part of SEQRA and requested Suit-Kote's application be denied. Diane Potter of 7 Brook Drive stated, as a realtor, property values are being effected and there are difficulties selling homes due to the smell from the wastewater treatment facility and the Suit.-Kote plant in Polkville. She expressed her concern regarding the increase in odor problems if production in Polkville is increased. Ms. Potter stated her disapproval for the relocation of the Homer facility. Darlene Watrous stated she resides on Route 11 in Polkville next to Trout Brook. She has noticed a difference in the water table when Trout Brook is backed up. Mrs. Watrous stated she is uncertain if the difference in the water table is due to Suit-Kote's mining. She is concerned for her home as well as her neighbors. She stated her opposition to the relocation of the Homer plant. In answer to Lee Miller's question Attorney Folmer explained the town has retained the services of the engineering firm, Clough, Harbour & Associates, to act as the t.own's consultant. Under SEQRA regulations the town is permitted to charge the engineering costs to the applicant. Ms. Miller of McGraw spoke of declining property values. She also stated odors are important but health hazards are more of a concern. Ms. Miller expressed her concern for what residents are breathing due to emissions from Suit-Kote's smokestack. There may be 500 people employed at Suit -Kate but 2,000 plus people in McGraw are being adversely effected. Ms. Miller urged the Board to take into consideration not only economics but also health, well being, property values and quality of life of the residents of Cortland, McGraw and Blodgett Mills. Ms. Miller inquired what provisions have been made if seepage from the asphalt did occur at the present facility. The Board should ask for a worse case scenario. Mr. Schutz stated the EPA has required regulations. Counter measures are in place to control spills. Any asphalt spilled would not permeate the soil any more than six inches at the most. Attorney Folmer apologized if the wrong impression was given and clarified to Ms. Miller that the engineering report is not the sole source of determination but one of several pieces of information considered by the Board. He went on to explain the questions in the SEQRA regulations refer to many of Ms. Miller's concerns. In answer to questions regarding preventive methods for spillage atthe existing plant in Polkville, Attorney Folmer explained that significantly detailed plans are being utilized at the present plant.. The plans are part of the record of the proceedings dealt with at that time and are available f or inspection. Ms. Miller stated that most industries have industrial parks not industries in their back yards. The first plant is already in place but the second one should be stopped. Z 63 DECEMBER 05, 2001 PUBLIC HEARING PAGE 4 Gordon VVatrous, III of Route 11 in Polkville explained his family has resisted in Polkville for 50 years. Mr. Watrous expressed his concern regarding the increase of traffic and near accidents he has experiences! involving Suit-Kote trucks. Another concern was with the high water table and flooding. Mr. Watrous stated his opposition to the Homer plant relocation. In answer- to Councilman Rocco's question regarding truck -related accidents, Mr. Schutz stated in his ten years at Suit-Kote Corp. there have been no accidents involving their trucks or anyone coming in or out of the facility. Utilizing the train dish reduce incoming truck traffic by possibly 40 trucks a day at peak time. Materials continue to be taken out by truck. Attorney Folmer spoke of section 178.77 in regards to by-products of coal, coke, petroleum and natural gas. He explained the statute states the production from raw materials and the by-products of coal, coke, petroleum and natural gas. This means there is a petroleum product that passes off some material that could be utilized. lvh-. Schutz explained asphalt is one of the products from the petroleum refining process. Mr. Schutz questioned if the statute referred to the use or the manufacture of those by-products. The reason the permit is needed is due to these issues. Attorney Fohner stated the issue being raised is under the section in the Aquifer Protection Permit statute itself, which restricts these uses in the Aquifer District. Even though this is prohibited the use may be allowed if a special permit is obtained. Attorney Fohmer stated Clough, Harbour & Associates should be looking at this issue. Supervisor Thorpe commented changes in chemical composition is different than a mixing process. There is no chemical reaction involved in this process. Besty Wisner of Ridge Road, McGraw, referred to the letter she had written to the Board expressing her concerns with the relocation of the Homer batch plant. Supervisor Thorpe acknowledged that the Board received the letter. Ms. Wisner stated she lives a half -mile from Suit-Kote Corp. Polkville plant. and has complained to the Health Department repeatedly over the years regarding odors and chemicals from the plant. With the support of the DEC and the Cortlandville Town Board, Suit-Kote does not use the modified asphalt. anymore. There is an improvementbut odor problems still exist. Ms. Wisner explained about. truck traffic being a problem. She also referred to an article in the Cortland Standard discussing air quality in Cortland County being lower than in other counties in the New York State. Ms. Wisner requested the Board take all information into consideration when making their decision. Torn Michales of Williams Street, Cortland, recommended looking into and correcting existing problems at the first site before adding a second facility. Roberta Reardon of Ridge Road, McGraw, explained odor problems during the night are also a problem. Even though the DEC may be attempting to clean up the air, more needs to done. Lee Miller- commented diesel fuel emissions due to the increased truck traffic also needs to be considered. Besty Wisner added the Cortland County Health Dept. had told her Suit- Kote Corp. was to take the first steps in testing their smokestacks emissions. John Potter commented regarding the traffic at the Polkville location. He stated the four lanes of traffic should be able to handle the traffic at that intersecetion. He stated he has never had a problem entering or exiting the plant. Mr. Potter also stated that trucks built today have strict regulations concerning emissions. Betty Wood commented that trucks do not just pull out and turn right but have to cross three lanes of traffic to go north. No further comments or discussions were heard. Councilman O'Donnell 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 7:46 p.m. 2-69 DECEMBER 05, 2001 7:46 P.M. 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; James Trasher of Clough, Harbour Associates, County Legislature, Marilyn Brown; Paul Suits and Dick Schutz of Suit-Kote Corp.; City of Cortland residents, Diane Potter, Doug Potter, Tom Michales, Betsy Wisner, Pam Smith, Cindy Horner ai]d Allysoil Greagan: Town residents, Betty Wood, Darlene & Gordon Watrous III, Lee Miller, John & Mary Potter, Cheri & Chuck Sheridan, Roberta Reardon; and News Reporter, Chris Nolan. Supervisor Thorpe called the meeting to order following the reconvened Suit -Kate Corporation Public Hearing. RESOLUTION #233 AUTHORIZE PAYMENT OF VOUCHERS- DECFMBER Motion by Councilman Rocco Seconded by Councilman Pilato VOTES: ALL AYE ADOPTED BE IT RESOLVED, the vouchers submitted have been audited and shall be paid as follows: General Fund A Vouchers #598 -620 $48,926.22 General Fund B 119 -127 $13,590.01 Highway Fund DB 454 -461 $ 4,406.88 Water Fund 266 -270 $25,539.82 Sewer Fund 173 -174 $25,723.06 Capital Projects 58 - 63 $92,706.45 Monthly reports for the Supervisor, Town Clerk and Justice for November 2001, are on the table for review and filed in the Town Clerk's office. Councilman Testa made a motion seconded by Councilman O'Donnell, to receive and file correspondence from Attorney Folmer to Dr. J. Lee Ambrose, Mr. & Mrs. Anthony Bonarti, Dr. Robert. Morris and Robert Ottenschot. All voting aye, the motion was carried. Attorney Folmer correspondence was in regards to drainage easement agreements for the Renaissance area. Councilman Testa made a motion seconded by Councilman O'Donnell, to receive and file correspondence from Attorney Folmer to William McDermott. All voting aye, the motion was carried. Attorney Folmer correspondence was in regards to the installation of a pump station at the McDermott subdivision, requesting a response by December 5, 2001. Z 65 DECEMBER 05, 2001 TOWN BOARD MEETING PAGE 2 RESOLUTION #234 AUTHORIZATION TO RE LEVY DELINQUENT WATER AND SEWER ACCOUNTS TO THE 2002 TAX ROLL OF THE TOWN Motion by Councilman Rocco Seconded by Councilman Pilato VOTES: ALL AYE ADOPTED WHEREAS, the list of delinquent accounts of the Water & Sewer Dept. of the Town was submitted, as required, therefore BE IT RESOLVED, the Town Board does hereby receive and forward the list of delinquent water and sewer accounts of the Town of Cortlandville to the Cortland County Real Property Tax Office, to be relevied onto the 2002 tax roll of the Town. Supervisor Thorpe opened a discussion regarding a mutual sharing plan agreement between the Town of Homer and the Town of Cortlandville. Highway Sup't. Carl Bush stated all of the municipalities in the area help each other- including personnel and equipment. This is the first time something has been put in writing. RESOLUTION #235 AUTHORIZE SUPERVISOR TO SIGN MUTUAL SHARING PLAN AGREEMENT BETWEEN THE TOWN OF CORTLANDVILLE AND THE TOWN OF H0MER Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to sign a Mutual Sharing Plan Agreement between the Town of Homer and the Town of Cortlandville. RESOLUTION #236 APPROVE PLUMBERS APPLICATION OF DEAN T. ALBANESE FOR WATER AND SEWER CONNECTIONS WITHIN THE TOWN OF CORTLANDVILLE Motion by Councilman Rocco Seconded by Councilman Testa VOTES: ALL AYE ADOPTED WHEREAS, an application was submitted by Dean T. Albanese 213 Dey Street, Ithaca, NY, for approval to install water and sewer services in the Town, and WHEREAS, such application included references and previous experience, as required, and has been reviewed and recommended for approval by Water & Sewer Sup't, Carl Bush, therefore BE IT RESOLVED, the application submitted by Dean T. Albanese is hereby approved, and his name shall be added to the approved Plumbers List of the Town of Cortlandville. Attorney Folmer reported: Renaissance Drainage Easements questions: Attorney Folmer explained the letters he sent to Dr. J. Lee Ambrose, Mr. & Mrs. Anthony Bonarti, Dr. Robert Morris and Robert Ottenschot regarding Drainage Easements for the Renaissance area directing questions be forwarded to James Trasher of Clough, Harbour & Associates or himself. No questions had arisen until earlier- this evening. It was found changes to the agreements are needed. 2�6 DEC.EMBER 05, 2001 TOWN BOARD MEETING PAGE 3 McDermott Pump Station: Attorney Folmer apprised the Board he has not received a response to the letter he sent to William McDermott on November 12, 2001 regarding the required pump station for the McDermott subdivision. Attorney Folmer had requested a response by December 5, 2001. Bonding for Highland Road Sewer project: Attorney Folmer apprised the Board he had spoke with Bond Council in New York. The Bonding for the Highland Road Sewer project is in place. Rerob, LLC.: Attorney Folmer stated he explained to Attorney Shafer the Board is entitled to 45 days, ending December 2901, to review Rerob, LLC.'s Full Environmental Assessment f orm. The Board will need to make a decision on December 10 as that is the last. Town Board meeting of the month. Attorney Folmer explained Attorney Shafer had questioned the escrow charge. In the SEQRA regulations there is a formula to establish the cost for engineering services. Attorney Folmer explained to Attorney Shafer that he did not have the figures to calculate the charge. Attorney Shafer indicated he understood Attorney Folmer's position and would attend the December 19"' meeting. RESOLUTION #237 AUTHORIZE HIGHWAY SUPERINTENDENT TO LET OUTBID A SALT STORAGE COVER SYSTEM AND SET DATE OF DECEMBER 20, 2001 AT 3:00 P.M. FOR BID OPENING AND AWARD BID ON JANUA.R)' 02 2002 Motion by Councilman Rocco Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby authorize the Highway Superintendent to let out for bid a Salt Storage Cover System, and further RESOLVED, the bid opening elate shall be set at 3:00 p.m. on December 20, 2001, and further RESOLVED, t:he Town Board shall award the bid at their scheduled meeting on January 02, 2002. Highway Sup't., Carl Bush explained this project. is only for the upper half of the storage shed. Not the entire shed. Due to the expense of the shed Highway Sup't_, Bush is dividing the cost between two years. RESOLUTION #238 AUTHORIZE HIGHWAY SUPERINTENDENT TO LET OUT TO BID THE RENAISSANCE DRAINAGE PROJECT AND SET DATE OF FEBRUARY 04, 2002 AT 3:00 P.M. FOR BID OPENING AND AWARD BID ON FEBRUARY 06, 2002 Motion by Councilman Testa Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby authorize the Highway Superintendent to let out to bid the Renaissance Drainage Project, and further RESOLVED, the bid opening date shall be set at 3:00 p.m. on February 04, 2002, and further RESOLVED, the Town Board shall award the bid at their- scheduled meeting on February 06, 2002. Z(7 DECEMBER 05, 2001 TOWN BOARD MEETING PAGE 4 RESOLUTION #239 AUTHORIZE HIGHWAY SUPERINTENDE-INTT TO PURCHASE A NEW 10-WHEEL DUMP/PLOW/ SANDER TRUCK FROM STATE BID LIST Motion by Councilman O'Donnell Seconded by Councilman Pilato VOTES: Councilman O'Donnell Aye Councilman Rocco Aye Councilman Pilato Aye Councilman Testa Nay ADOPTED WHEREAS, a request was made by the Highway Sup't. to purchase a new 10- wheel dump/plow/sander truck for $111,000 from the State Bid List, and BE IT RESOLVED, the Town Board does hereby authorize the Highway Sup't. to purchase one new 10-wheel dump/plow/sander truck not to exceed $111,000 Councilman O'Donnell made a motion seconded by Councilman Rocco, to receive and file correspondence from Betsy Wisner. All voting aye, the motion was carried. Ms. Wisner's correspondence was in opposition to Suit-Kote Corporation's proposed relocation of their batch plant from Homer to Polkville. Attorney Folmer stated this letter also needs to be part of the record for the Public Hearing. RESOLUTION #240 AUTHORIZE SUPERVISOR TO TRANSFER $2,458.54 FRONT THE WATER SURPLUS FUND . TO THE CAPITAL PROJECT WATER FUND FOR THE PAGE GREEN ROAD WATT PROJECT Motion by Councilman O'Donnell Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED WHEREAS, the bookkeeper has requested a cash advance be transferred from the Water Surplus Fund to the Capital Project Water Fund for the Page Green Road Water Project, therefore BE IT RESOLVED, the Supervisor is hereby authorized and directed to transfer $2,458.54 from the Water Surplus Fund to the Capital Project Water Fund, and it is further, RESOLVED, the Town Water Surplus Fund will be reimbursed when the extra fiends bonded for the Page Green Road Water Project are available. RESOLUTION #241 AUTHORIZE SUPERVISOR TO TRANSFER $4,702.64 FROM THE SEWER SURPLUS FUND TO THE CAPITAL PROJECT SEWER FUND FOR CRESTWOOD COURT SEWER PROJECT Motion by Councilman O'Donnell Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED WHEREAS, the bookkeeper has requested a cash advance be transferred from the Sewer Surplus Fund to the Capital Project Sewer Fund for the Crestwood Court Sewer, therefore z�8 DECEMBER 05, 2001 TOWN BOARD MEETING PAGE 5 BE IT RESOLVED, the Supervisor is hereby authorized and directed to transfer $4,702.64 from the Sewer Surplus Fund to the Capital Project Sewer Fund, and it is further, RESOLVED, (lie Town Sewer Surplus Fund will be reimbursed when the extra funds bonded for the Crestwood Court Sewer- Project are available. Supervisor Thorpe read aloud a letter from Bess Koval of 3710 Levydale Park requesting her last water and sewer bill be adjusted due to extensive watering of her garden over the summer months. Councilman O'Donnell recommended denial. He stated extra water usage is figured into the rates. If she desires she could purchase an extra meter- so she wouldn't be paying a sewer charge for the wafer- that was going in her garden. Supervisor Thorpe will forward a letter- to Ms. Koval suggesting she could spear with the Water and Sewer Superintendent if she desires an extra meter. RESOLUTION #k242 DENY REQUEST OF BE.SS KOVAL TO ADJUST HER WATER AND SEVER BILL FOR HER PROPERTY ON LEA YDALE PARK Motion by Councilman O'Donnell Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED -WHEREAS, a request was received from Bess Koval, of 3710 Levydale Parr, requesting her water and sewer bill be reduced due to extensive watering of her garden over the summer months, and WHEREAS, the request was duly discussed by the Town Board, therefore BE IT RESOLVED, the Town Board does hereby deny the request for an adjustment to the water and sewer bill of Bess Koval of 3710 Levydale Parr, and it is further RESOLVED, correspondence from Bess Koval shall be received and filed. Councilman Testa requested the all Town Board meetings of January and 1�ebruary begin at 5:00 p.m. due to inclement weather. Councilman O'Donnell expressed his opposition stating he feels some esidents prefer- to come to the meetings at 7:00 p.m. Councilman O'Donnell made a motion, seconded by Councilman Pilato, to recess the Regular Meeting to an Executive Session to discuss property acquisition. All voting aye, the motion was carried. The meeting was recessed at 8:10 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 carrier_]. No action was taken. Councilman Testa made a motion, seconded by Councilman O'Donnell, to adjourn the Regular Meeting. All voting aye, the motion was carried. The meeting `vas adjourned at 5:55 p.m. Respectfully submitted, 9(a� CY —4 Karen Q. Snyder Town Clerk Town of Cortlandville