HomeMy WebLinkAbout03-06-2002I-)Z MARCH 06, 2002
7:00 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; Attorney Mike Shafer; Bernie Thoma from Thoma Development; County
Legislator Paul Allen: from Suit-Kote Richard Schutz and Paul Suits: from Clough
Harbour & Associates Paul Yarnell; town residents Bob White, Barb Bloodgood,
Dennis Bilodeau, Matt Eaton, Richard Allis, Jeff Stiles, Vicki Diescher, Terri
Petrella, Lee Miller; several other town residents and Suit-Kote employees; News
Reporter, Kelly Palmer.
Supervisor Thorpe called the meeting to order.
Councilman O'Donnell made a motion seconded by Councilman Rocco, to
approve the Town Board Minutes of October 3, 2001 as written. All voting aye, the
motion was carried.
Councilman Rocco made a motion seconded by Councilman Pilato, to
approve the Town Board Minutes of October 17, 2001 as written. All voting aye,
the motion was carried.
Councilman Rocco made a motion seconded by Councilman O'Donnell, to
approve the Town Board Minutes of November 07, 2001 as written. All voting
aye, the motion was carried.
RESOLUTION #62 AUTHORIZE PAYMENT OF VOUCHERS - MARCH
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
General Fund B
Highway Fund DB
Water Fund
Sewer Fund
Capital Projects
#94 -128
$
44,318.52
12 -
16
$
7,617.93
62 -
76
$
10,591.64
52 -
61
$
3,594.15
21 -
29
$123,532.78
07 -
08
$
10,979.46
Supervisor Thorpe offered privilege of the floor to Marsha Havran.
Mrs. Havran, of 32 Halstead Rd., presented to the Board a letter in regard to
an absence of a noise ordinance in the Town of Cortlandville. CEO, Bruce Weber
indicated to Mrs. Havran that the town currently does not have one in place.
Mrs. Havran's property is located just behind Wilcox Tire on Route 13. She
indicated on several occasions during the week deliveries are being made at Wilcox
Tire and Dovi Motors. She has had problems with loud noise coming from these
properties after business hours.
She proposed to the Board owners of commercial property that adjoin
residential properties have a quiet time between the hours of 10:00 p.m. and 7:00
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March 06, 2002 TOWN BOARD MEETING PAGE 2
Supervisor Thorpe indicated this question has come up before. The drafting
of a noise ordinance is extremely difficult. Supervisor Thorpe offered explanation
by the town's Attorney John Folmer.
Mr. Folmer sympathized with Mrs. Havran. He stated the problem with a
noise ordinance is one may not agree with the level of the noise. In order to
establish a standard one must be able to measure the noise level at a time that the
noise is taking place. In the past, proposals for a noise ordinance have not been
presented as Mrs. Havran has with the restriction of deliveries within the hours she
has presented. Whether or not the Board could restrict deliveries within certain
hours effectively, Mr. Folmer was unsure. Mr. Folmer stated he would explore the
proposal and report to the Board what he finds.
Councilman Rocco questioned the fence on the West Side of Wilcox Tire's
property separating the residential area of Halstead Rd. This was an issue with the
residents in that area several years ago. Mrs. Havran explained the inadequate fence
was installed only behind the Barned residence. Mr. Wilcox did not install the
fence the depth of his property.
Mrs. Havran indicated the neighbors have contacted Mr. Wilcox at night or
weekends when odd and unusual happenings occur at his property. Mr. Wilcox
has been very grateful for the calls. The neighbors felt one good deed could lead to
another. That has not occurred.
Supervisor Thorpe offered privilege of the floor to Bernie Thoma of Thoma
Development.
Mr. Thoma explained he met with Supervisor Thorpe regarding funding for
the Highland Road Sewer Improvement Project. Two sources of funds are
available either through grant monies or low cost loans. Mr. Thoma recommended
to the Board that they submit a preliminary application to the USDA (United States
Department of Agriculture) for the Federal Government to make a determination if
the town qualifies for grant monies. Loans are always available.
Mr. Thoma also proposed exploring the possibility of hardship financing
through the Environmental Facilities Corporation. Town Engineer Hayne Smith has
submitted information putting the project under the Intended Use Plan, which is the
first step. Thoma Development would then explore to see if there was a possibility
for hardship financing, which is a 0% loan. From those results Thoma
Development would return to the Board with the best proposal. The Board could
then decide to submit what application to whom.
Supervisor Thorpe indicated this it important and is in the best interestof all
to get the applications under way.
RESOLUTION #63 AUTHORIZE THOMA DEVELOPMENT TO
INVESTIGATE POSSIBLE GRANT AND LOAN
MONIES TO FINANCE THE HIGHLAND ROAD
SEWER IMPROVEMENT PROJECT
Motion by Councilman Testa
Seconded by Councilman O'Donnell
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Board hereby authorizes and directs Thoma Development
to investigate possible grant and loan monies available for financing the Highland
Road Sewer Improvement Project, and it is further
RESOLVED, this authorization would come under the current contract the town has
with Thoma Development for grant writing services.
Town Attorney Folmer questioned Mr. Thoma on proceeding with the
Highland Road project. The town is required by law to obtain approval from the
State Comptroller in order to proceed with financing. The statute states the
Comptroller Office is to grant or deny the approval within fifteen days. It is actually
taking between six to eight. weeks to get the application approved with all the
appropriate iinf ormation submitted. Town Engineer Smith's engineering plan
requires receipt of the State Comptroller's approval by June 17, 2002.
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March 06, 2002 TOWN BOARD MEETING
PAGE 3
Mr. Thoma stated Mr. Folmer could proceed with the application to the
Comptroller for approval. Mr. Folmer will make reference in the application of
possible grant money available for loans. Mr. Thoma stated within thirty to sixty
days he will return to the Board with answers. Bonding may be the only way to
proceed.
Councilman Testa questioned Mr. Thoma regarding the application the town
submitted for the Starr Road Park. Mr. Thoma did not anticipate a response from
the State Parks and Recreation until late spring.
Supervisor Thorpe offered privilege of the floor to Councilman Ed
O'Donnell.
Councilman O'Donnell stated he has been appointed as a committee member
to the Traveling Visitors Bureau Board effective January 1, 2002. The board, which
consists of elected officials, businessmen and others, will work with Jim Dempsey
and the Board of Directors to help promote tourism to the Cortland County area.
The State Visitors Bureau attended a meeting here in Cortland County last week.
The State expressed how tourism is vital to the Cortland community.
Councilman O'Donnell, also a member of the Citizens Advisory Committee,
stated how Cortlandville could provide the gateway to tourism. With the redrafting
of the town's development plan, one idea implemented will be to keep Route 281
from the exit 12 off and on ramp of I-81 to Route 13S rural. There will be green
space and further set backs required with new construction of businesses. The idea
is to have the entrance to Cortlandville more aesthetically pleasing. The redrafting
of the town's development plan will definitely help attract tourism in the County.
A new committee is now being formed called "Progress Cortland County".
The committee is attempting to create conditions and encourage tourism. They will
work with local leaders such as Congressman Walsh and Senator Seward to assist
with applying for grants to help promote tourism.
Councilman O'Donnell is hopeful tourism will be one of the big businesses
here in Cortland County.
The Board thanked Councilman O'Donnell for his input and agreed
Cortlandville could be the gateway to tourism.
Supervisor Thorpe asked Town Attorney Folmer to bring the Suit-Kote
Aquifer Protection Permit application up to date.
Attorney Folmer stated at the Board's last meeting a question was raised
whether Suit-Kote's Aquifer Protection Permit application could be tabled and for
how long. Mr. Folmer expressed at that meeting the Board was under a time
constraint to respond to the application under the town's ordinance. After review of
the ordinance and a discussion with the town's CEO, Mr. Folmer suggested to the
Board it is not appropriate to table this application again unless there is an
acquiescence from the applicant.
Mr. Folmer has since received correspondence from the attorney
representing Suit-Kote Corp., requesting the application be postponed and tabled as
requested by the applicant until May 15, 2002. After speaking with Richard Schutz
of Suit-Kote, Attorney Folmer stated the applicant feels by that time additional
information can be developed about the operation. The newly purchased piece of
equipment described to the Board at a prior meeting will be installed at the present
facility and operational by May 15, 2002. Suit-Kote indicated by that date they
would have additional information to be supplied on further detail of the
effectiveness the equipment has regarding odor and other situations. Suit -Kole
indicated in the correspondence they would specifically waive any objection raised
of a timely disposition under the forty-five or fifty day provision, which is
contained in the town's ordinance.
Supervisor Thorpe stated the Board ultimately has to make a decision as to
whether or not this Aquifer Protection Permit is granted. We have heard from the
executives from Suit-Kote, the town's consultants, and a number of residents
opposed to the moving of the Homer batch plant to the Polkville area. The Board
has not heard from those in favor of Suit-Kote's proposal, as they have not had the
opportunity to speak.
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March 06, 2002 TOWN BOARD MEETING PAGE 4
Supervisor Thorpe offered privilege of the floor to anyone in favor of the
proposed application.
John Potter, a resident on East River Rd., has been affiliated with Suit-Kote
for over twenty years as an owner and operator in the transportation field. He
believed the area of the current location of Suit-Kote's operation in Polkville was
zoned Industrial in the 1970's. It is the appropriate place to move the Homer batch
plant. Mr. Potter indicated he is fully in favor of the plant being relocated to the
Polkville f acility.
Bob Tobias was employed by Suit-Kote for thirty-seven years. The
relocating of the Homer batch plant would be in the best interest of Suit-Kote, the
town and employees. Transporting the product back to Homer to produce asphalt.
is a good economic reason to move the batch plant. As to questions raised
regarding pollution, the DEC is always at the Suit-Kote facilities for inspections and
monitoring. Suit-Kote is required to comply and does.
Dan Quinlan, a twenty-seven year employee with Suit-Kote, questioned the
health issue concerns that have been raised by others. Suit-Kote has had, and
currently has, several long-term employees. He is not aware of anyone with health
problems. Many of the employees work very close to the products Suit-Kote
manufactures and have for many years. In support of the batch plant move, Mr.
Quinlan commended Suit-Kote Corp. for their patience with all they must go
through for approvals to keep their facility in operation. Answering his own
question of why Suit-Kote remains here in Cortland County, Mr. Quinlan stated
they care for both their employees and community.
Matt Eaton, residing on South Hill just south of the Polkville plant, has been
an employee of Suit-Kote since 1978. Mr. Eaton drove a piece of equipment called
a paver for over sixteen years. At the age of forty-six, he is healthy. He has no
health related problems affiliated with products manufactured from Suit-Kote. Mr.
Eaton questioned if the odors are being looked at as a nuisance or a danger.
Regarding the current transporting of materials to Homer, Mr. Eaton believes the
trucks would expel into the air more pollutants than the facility itself. Many
individuals never hear the good things Suit.-Kote does for the community or how
much they donate to the community. Mr. Eaton is in favor of the move and asked
the Board to consider approving the application.
Denny Bilodeau, a resident of Cortlandville for forty-five years and an
employee of Suit-Kote for fifteen years, noted to those in attendance how one got to
the meeting. Every person in attendance drove on paved roads, which were most
likely paved with asphalt manufactured by Suit-Kote. Mr. Bilodeau is in favor of
the batch plant move and agreed with his fellow workers who already spoke.
Bob White, a resident of Cortlandville and an employee with Suit-Kote for
many years, spoke in favor of moving the batch plant as it will be monitored by the
appropriate agencies as it always is. Adding other manufacturing facilities to the
west of the Polkville plant is more hazardous with pollutants in the air than Suit-
Kote.
Ashley Badden, a resident near the Homer batch plant and an employee of
Suit-Kote since 1999, stated Suit-Kote is a large employer within the community.
Suit-Kote would not intentionally harm its employees or the environment. Agreeing
with Mr. White, they are constantly monitored by State agencies regarding
emissions and current permits.
Barb Bloodgood, a thirty-eight year resident of Cortlandville within the
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Village of McGraw, has never smelled odors expelling from the Polkville facility.
As those who spoke before Ms. Bloodgood did, she wonders why Suit -Kole is still
here.
Paul Suits, an owner of Suit-Kote, spoke regarding his facility. When Suit-
Kote started its operation forty years ago it employed seventeen to twenty
individuals. Suit-Kote now has over six hundred employees. They have a twenty-
two million dollar annual payroll. The company has grown in several ways over
the years. Because of the growth they need to make changes to remain in operation
for the employees and their company, which in turn, more requirements are
necessary to protect the environment.
Supervisor Thorpe requested Richard Schutz, Operational Manager of Suit-
Kote, to explain the techrncal part of the new equipment soon to be installed.
Mr. Schutz reviewed a basic overview of the non -emissions control
equipment with those in attendance. The non -emissions control equipment is not
smoke stack. It is a modification to the process itself eliminating the cause of the
problem, the odor. It is not added on, it is not a filter, a propitiation system or a
precipitation system.
March 06, 2002 TOWN BOARD MEETING PAGE 5
The non -emissions control equipment would take the asphalt out of the
exhaust stream of the dryer drum. Then, the aggregate would drop out of the end of
the drum and into a pug mill. The exhaust stream, intake air, the flame, and the dry
material exhaust goes out and takes any of the particulates with it from the drying
process, such as dust particulates, which come off from the aggregate when it dries
and refines. The dry material will drop down into the pug mill out of the exhaust
stream. The asphalt is then injected into the mixing chamber. The product is mixed,
then dropped down into a hot elevator and then goes up into the silo. This process
is similar to the Homer batch plant operation. The material is mixed outside the
exhaust stream of the drum.
This is a modification to the process rather than emissions control device.
Councilman O'Donnell stated the new equipment is in place, but not totally
installed at this time.
Mr. O'Donnell asked what would happen to this facility when the gravel
runs out and the reclamation of the area.
Richard Schutz stated the DEC requires a reclamation program of any mining
facility before they grant a permit. Suit-Kote does have reclamation plans. Bonds
are in place to make sure that reclamation takes place.
Councilman Rocco reiterated how long the gravel would last.
Richard Schutz stated there are several variables. First, it would depend on
demand and usage.
Councilman Testa indicated under SEQR review requirements the applicant
is to deposit into an escrow account funds to pay for the engineering services the
town has contracted with, which Suit-Kote has done. Also the Cortland County
Planning Board recommended approval of the Aquifer Protection Permit.
Attorney Folmer stated under the Aquifer Protection Permit, water resources
is the issue. Under SEQRA the Board has the right to look at environmental
concerns. The odor concerns and pollution issues have come up. The Town Board
has investigated these concerns beyond what the Town or County Planning Boards
have done.
Supervisor Thorpe suggested to the Board they make a decision based upon
all information supplied.
Councilman Pilato stated the request from Suit -Kole to table any action is a
statement that should be considered. With the new information regarding their new
equipment it would be only appropriate to table any action as they are trying to
prove to the public that they are good neighbors. Mr. Pilato is pleased to hear they
are making a positive step.
Councilman Rocco questioned how many people out of the eight who spoke
were from the Town of Cortlandville. The answer that was replied was four.
RESOLUTION #64 TABLE ACTION ON AQUIFER PROTECTION
PERMIT SUBMITTED BY SUIT-KOTE CORP. FOR
PROPERTY LOCATED AT ROUTE 11 UNTIL
MAY 15, 2002
Motion by Councilman O'Donnell
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
WHEREAS, Suit-Kote Corp. has requested the Town Board table any action
regarding their Aquifer Protection Permit application for property located at Route
11 tax map #97.00-01-31.000 until the May 15, 2002 Town Board Meeting,
therefore
BE IT RESOLVED, action regarding Suit-Kote Corp. Aquifer Protection Permit
application is hereby tabled as requested by the applicant until the May 15, 2002
Town Board meeting to be held at 5:00 p.m.
Monthly reports for the Tax Collector, ]own Liei'k and Supervisor for
February 2002 are on the table for review and filed in the Town Clerk's office.
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Supervisor Thorpe offered privilege of the floor to Attorney Mike Shafer
representing J. Fergus.
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March 06, 2002 TOWN BOARD MEETING PACE 6
Mr. Shafer stated revised plans have been submitted to the Town Planning
Board for a site plan review. The applicant is proposing an auto retail store at the
current Smith Corona site on Route 13. Changes made to the site plan include 35%
to 40% of the black top being used for green space as suggested by Councilman Ed
O'Donnell and the Planning Board. The applicant is moving in the direction of the
suggestions.
The current zoning of the area is Industrial. The request is to change the
zoning to Business. The parcel includes 1.442 acres.
Mr. Shafer is requesting the Board take action on the Zone Change request
along with the Aquifer Protection Peiinit application at this meeting. He feels the
application is straightf orward and simple.
Councilman O'Donnell questioned Attorney Folmer on the moratorium
® currently in place.
Attorney Folmer stated the Board legislatively has the authority to change
areas regarding zoning. The moratorium is aimed at slowing down development
within the identified moratorium area within a certain period of time. This
application is not effected by the moratorium due to the application was filed prior
to August 1, 2001. The issue is whether or not the Board should be approving the
Zone Change request from a legislative point of view. The moratorium does not
exist with this application.
Councilman Testa asked if the comprehensive plan addresses this area.
Attorney Folmer stated he has been sent a working draft, not available to the
public at this time for distribution, of the comprehensive plan for the town. Mr.
Folmer stated the committee has developed several different areas from I-81 south
until you reach South Cortland. The committee suggests a gateway concept. It is
incumbent upon the Town Planning Board to require in its site plan reviews those
structures that will accomplish appropriate set backs to avoid the "big box" store
and to provide for planning and aesthetics. Mr. Folmer does not see or read within
the draft comprehensive plan that this application is inappropriate as long as the
Town Planning Board does its job requiring additional green space, parking,
building set backs, etc.
Mr. Shafer indicated the Town Planning Board did make several
suggestions. The applicant has submitted a revised site plan showing these
suggestions.
Attorney Folmer shared with the Board a section of the draft comprehensive
plan regarding site design and building orientation. Site planning and design need
to address a variety of aesthetic issues that consider not only the development site
itself, but the sites relationship to its surroundings. It is important to address design
issues not only along the sides of the roadway but parcels that are visible from the
roadway. The Planning Board deals with aesthetics for each site plan application
placed before them.
The Town and County Planning Boards have recommended the Town
Board approve the Aquifer Protection Permit and Zone Change request with
conditions.
The Board requested to table any action on this application to the next Board
meeting to give the committee of the town's comprehensive plan an opportunity to
meet and present a final draft of the plan.
® Attorney Shafer did not have an objection of tabling the application to the
# next Board meeting. He did have an objection to the engineering firm contracted by
the town, dictating what Mr. Shafer's client ought to be doing with the property.
Councilman Testa indicated to Attorney Shafer the number of individuals
involved regarding the town's comprehensive plan.
Attorney Shafer noted for the record that no one has stepped forth in
opposition of this project.
March 06, 2002 TOWN BOARD MEETING PAGE 7
RESOLUTION #65 TABLE ACTION ON AQUIFER PROTECTION
PERMIT AND ZONE CHANGE REQUEST
SUBMITTED BY J. FERGUS FOR PROPERTY
LOCATED AT ROUTE 13 UNTIL MARCH 20 2002
Motion by Councilman O'Donnell
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, action regarding J. Fergus Aquifer Protection Permit ■
application and Zone Change request located at Route 13 tax map #95.00-06-12.112
is hereby tabled until the March 20, 2002 Town Board meeting to be held at 5:00
p.m.
Attorney Folmer reported:
BANS
The town has a Bond Anticipation Note that will be due to renew on March
7, 2002. The BAN will be accomplished by the end of the week. The interest rate
will be 2.75%.
Mechanic's Lien
As stated at the last Board meeting a mechanic's lien was filed regarding the
new Municipal Building. Mr. Folmer has since been in contact with the contractor's
attorney. Bonding information has been provided.
State and Local Visitors Bureau
When the State and Local Visitors Bureau met regarding tourism within
Cortland County they voiced how the Village of McGraw was a picturesque
historic village.
Councilman Testa made a motion seconded by Councilman Rocco, to
receive and file correspondence from Marsha Havran of 32 Halstead Rd. regarding
establishing a noise ordinance for the town. All voting aye, the motion was carried.
Councilman O'Donnell made a motion seconded by Councilman Testa, to
receive and file correspondence from the State Comptroller regarding an extension
for filing the 2001 Supervisor's Annual Financial Report. All voting aye, the motion
was carried.
Councilman Rocco made a motion seconded by Councilman Testa, to
receive and file correspondence from Cortlandville Water & Sewer Superintendent
Peter Alteri, Jr. regarding a sewer extension along a small section of NYS Route
281. All voting aye, the motion was carried.
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March 06, 2002 TOWN BOARD MEETING PAGE 8
RESOLUTION #66 AUTHORIZE TOWN ENGINEER TO PROCEED
WITH PLANS EXTENDING A SEWER LINE ON
NYS ROUTE 281
Motion by Councilman Rocco
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
WHEREAS, the Water & Sewer Superintendent Peter Alteri, Jr. has requested due
to the upcoming reconstruction of NYS Route 281 to have a sewer line extended
from the Lehigh Valley Railroad north to a parcel owned by David Berlew just
before the City Water Works installed, therefore
BE IT RESOLVED, the Town Engineer is hereby authorized and directed to
proceed with plans to extend a sewer line from the Lehigh Valley Railroad north to
a parcel owned by David Berlew just before the City Water Works.
Councilman Testa made a motion. seconded by Councilman O'Donnell, to
receive and file Resolution #02-6 from the Cortland County Planning Board
regarding Aquifer Protection Permit application of Suit-Kote. All voting aye, the
motion was carried.
Councilman O'Donnell made a motion seconded by Councilman Testa, to
receive and file correspondence from Walt Peterson of Rudco Properties, Inc.
regarding building mounted signs. All voting aye, the motion was carried.
The Board discussed squaring off Madison St. Attorney Folmer will contact
Mr. Osborn, owner of Osborn's Carpeting and Flooring on Route 281, regarding
the assistance of squaring off Madison St.
County Legislator Paul Allen spoke to the Board briefly regarding the
possible relocation of the Good Hope Home, which the county owns. The Good
Hope Home is currently located on Loring Crossing and East River Rd. in the town.
Councilman Testa 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 8:15 p.m..
® Respectfully submitted,
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Karen Q. Snyder
Town Clerk
Town of Cortlandville