HomeMy WebLinkAbout06-19-2002JUNE 19, 2002
W1I11'
PUBLIC HEARING NO. 1
RECONVENED FROM JUNE 12, 2002
SPECIAL MEETING
LOCAL LAW NO. 3 OF 2002
ESTABLISH WELLHEAD
PROTECTION PLAN
A Public Hearing was held by the Town Board of the Town of Cortlandville at the
Town Hall, 3577 Terrace Road, Cortland, New York, regarding the enactment of Local
Law No. 3 — 2002, establishing a Wellhead Protection Plan within the Town of
Cortlandville and regulating certain uses and activities within designated portions of the
® Town as set forth in said proposed Local Law.
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;
Water & Sewer Sup't., Peter Alteri; James Trasher, Jane Rice, Walter Kalena, and Dr.
Chris Burns of Clough, Harbour & Associates; Planning Board members, Nick Renzi and
Katherine Wickwire; Code Enforcement Officer, Bruce Weber; County Legislator, Paul
Allen; Deputy Town Clerk, Kristin Rocco; County Planning Department Director, Daniel
Dineen; Patrick Reidy from Cortland County Soil & Water Conservation; Robert Ferris of
Ferris Real Estate; Cortland City Water Sup't., Doug Withey; Mike Chernago representing
S.C.W.P. and Bestway Enterprises; Attorney Mike Shafer; Attorney John Sidd
representing the IDA; Cortland County BDC/IDA Executive Director, Linda Harstock;
Attorney Ron Walsh; News Reporter Jill Giocondo of the Cortland Standard; Timothy
Buhl of Resource Associates; Roy Susskind, CEO of J.M. Murray Center and owner of
Cortlandville Sand & Gravel; Phil Simon and Mel Simon of MVE Homes; Michael
Kubarek of Borg Warner; others in attendance Lydia Ferro, Paul Slowey, John Dunham,
Sue Fitts, Dan McNeil, David McNeil, Mike Curry, Steve McLyman, and Paul Stuart.
Supervisor Thorpe called the Public Hearing to order and requested Dr. Chris
Burns of Clough, Harbour & Associates apprise those in attendance of changes made to
the Wellhead Protection Plan since the June 12, 2002 Special Meeting was recessed.
Attorney Folmer stated he would like to interject before a representative of Clough,
Harbour & Associates took privilege of the floor.
Attorney Folmer stated the Town has received a series of comments regarding the
provisions of the Wellhead Protection Plan since last week. Attorney Folmer stated some
of the comments are quite legitimate and deserve further study. As a result, Attorney
Folmer suggested the Special Meeting scheduled for June 25, 2002 be cancelled because
the comments raised deserve more significant study. The Board would not be given
enough time between tonight's meeting and the 25' of June to review the comments, make
® changes in the law, and adopt it in an appropriate fashion. The Board will continue to
work on drafts of the ordinance, which will eventually be submitted to the County
Planning Board for their review under the General Municipal Law. The Board will then be
able to present a final draft, which will take into account the concerns made.
Attorney Folmer stated many issues have come to his attention since the Special
Meeting on June 12, 2002,. which he would like a representative from Clough, Harbour &
Associates to address. First of all, Attorney Folmer stated there is no language in the
ordinance at the present time that provides for either a Special Permit or a Variance. He
stated there should be a procedure by which a Special Permit could be obtained so an
industry which falls within the list of thirty-two prohibited factors, has the opportunity to
apply for a Special Permit. If the permit is granted under the Wellhead Protection
Ordinance it should satisfy any other Special Permit requirement as well as any Aquifer
Protection Permit under the ordinance.
Attorney Folmer stated the second issue he would like addressed by Clough,
Harbour & Associates, is the use of language such as "any", "never", or "always", in a
statute. Attorney Folmer stated the three words do not have a clear meaning.
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JUNE 19, 2002 PUBLIC HEARING NO. 1 PAGE 2
Attorney Folmer apprised the Board he spoke with Mr. Sandman of Pall Trinity
regarding the Empire Zone. Mr. Sandman questioned what would happen if Pall Trinity
wanted to eliminate one of the five areas within its present facility, and what Pall Trinity
would have to go through in order to accomplish change. Attorney Folmer stated he did
not believe Pall Trinity should have to go through any process to accomplish the change.
Attorney Folmer stated he is not sure whether the advisory committee has taken into
account concerns expressed ' by those who have worked -hard to get an Empire Zone
created.
Attorney Folmer questioned what the Town would do with applications already in
process that have resulted in expenditures of significant sums of money to get to the point
they are at now.
Attorney Folmer apprised those in attendance the comment period will continue to •
be in effect until June 24d`, 2002 at which point the Board will try to take all the comments
into account.
Attorney Folmer stated he did not want to put a time limit on the Wellhead
Protection Ordinance.
With nothing further to discuss, Attorney Folmer asked a representative of Clough,
Harbour & Associates to apprise the Board and those in attendance of the changes to the
Wellhead Protection Plan since the June. 12', 2002 Special Meeting, as Supervisor Thorpe
had previously requested.
Dr. Chris Bums, Senior Geologist of Clough, Harbour & Associates, gave a brief
re -cap of how the Wellhead Protection Plan was developed. He stated the Town has been
considering a Wellhead Protection Plan for many years, and gained momentum in the past
year with the Land Use/Aquifer Protection Plan. The development of a Wellhead
Protection Plan has been done throughout the country over the last ten years.
Dr. Bums stated there are three basic elements that should be included in the
Wellhead Protection Plan: 1) identifying the Wellhead Protection zones; 2) identifying
existing or past potential contaminant sources within the zones; 3) identify management
tools or practices that will protect the aquifer specifically around the Wellhead zone.
The development of a Wellhead Protection Plan has been a cooperative effort.
Clough, Harbour & Associates collaborated with the Town of Cortlandville, USGS,
Cortland County Department of Meath, and Cortland County Soil & Water Conservation.
Dr. Burns stated the first part of the Plan was the delineation of a Wellhead
Protection zone. A groundwater flow model was created by Cortland County Soil &
Water Conservation with help from the USGS. A recognizable computer model was also
used. Clough, Harbour & Associates met with the Town of Cortlandville and the Cortland
Water Board to discuss what the wells, are pumped, as well as what areas should be
considered. There were no preconceived ideas about the shape of the zones, or how big
they should be. The information gathered, which was scientific and objective, was put into
a well-known computer model. Dr. Bums stated Pat Reidy, from Soil & Water
Conservation, did a nice job producing the scientifically based. maps.
Dr. Burns stated with the input from several different parties, the areas are now
delineated. Zone 1A, the area closest to the well, is the area in which one drop of water
would take two years to reach one of the public water supply wells. Zone 1B is the area in
which a drop of water would reach the Wellhead within five years.
Dr. Bums apprised those in attendance the second element of the project,
identifying past or present potential contaminant sources within the zones, was configured
as a result of the databases provided by the state and federal government. Neither Clough,
Harbour & Associates nor the Town played a role in the creation of the list. Those who do
not believe their name should appear on the list of possible contaminators should contact
the Department of Environmental Conservation. He also emphasized the appearance of a
property owner's name .on the list of possible contaminators does not mean there is a
current problem. The list identifies people who have had past spills. The point of the list
is to identify sites that have had spills or leaks in the past that could potentially contaminate
the Wellhead area.
The third element is identifying the tools that could possibly be used to protect the
Wellhead. The tools are divided into two groups: regulatory tools and non -regulatory
tools. A non -regulatory tool may be a voluntary land purchase or land swap, which would
allow a property owner in the Wellhead area to do . something prohibited by exchanging
land for land outside the area.
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JUNE 19, 2002 PUBLIC HEARING NO. 1 PAGE 3
Dr. Burns stated the Town has decided to implement a series of regulatory tools at
this stage, and more specifically an ordinance that restricts certain land use. The list of
prohibited uses and activities was not completed arbitrarily, but rather EPA guidance
documents were used. Again, it was noted neither Clough, Harbour & Associates, the
Town, nor any other agency working on the Wellhead Protection Plan had any
preconceived notions about who should and should not be included in the list.
Dr. Burns stated the ordinance is restrictive as it stands right now. Dr. Burns stated
the federal and state regulations do not prevent spills and leaks from happening in the
community as can see by looking at the spills and leaks that have occurred in the past
fifteen years.
Dr. Burns stated a question has arisen regarding existing uses. As currently written,
the ordinance does not state a business already operating, that is included on the list of
® prohibited uses, must stop operating. However, if the business wants to expand questions
may arise. Dr. Burns stated there is a need to find a balance between economic
development and protection of the aquifer.
Dr. Burns stated another comment has come up regarding the Town being exempt
from the ordinance. He explained the list of prohibited uses does not exempt any local or
state government. The uses and activities are prohibited rather than the owners of the
facilities.
Dr. Burns stated those involved in the drafting of the Wellhead Protection Plan did
so with the intent to follow EPA guidelines, be objective, and to make the first draft
restrictive. It is generally easier to be flexible after discussion rather than starling out
flexible and get strict.
Dr. Burns completed his short presentation to the Board and those in attendance.
Attorney Jane Rice of Clough, Harbour & Associates stated Dr. Chris Burns did an
excellent job addressing issues that arose at the Special Meeting on June 12, 2002. She
stated if people in attendance had further questions, she or Dr. Burns would do their best to
further address them.
Supervisor Thorpe offered privilege of the floor to those in attendance to discuss
Local Law #3, the Wellhead Protection Plan. He stated he would open up discussion to
those who would like to offer new information, rather than bring up issues that had been
discussed at the last Board meeting.
Robert Ferris of Ferris Real Estate prepared comments and presented each Board
member with a copy of the letter as he read it out loud.
Mr. Ferris stated he has an interest in water supply protection and is not totally
against the proposed law. However, he stated there is a need for clear definitions to
delineate what the uses are so that there is no room for interpretation. Mr. Ferris offered
specific examples of what should be clearly defined in the Wellhead Protection Plan, and
stated it does not seem prudent to have so many items left to interpretation.
Mr. Ferris spoke briefly about the expansion or modification of a non -conforming
use, from page 8, Section 179-7, #2. He stated there does not seem to be an appeal or
review process, only that "deemed by the Code Enforcement Officer to increase its threat
to groundwater". Mr. Ferris questioned what type of criteria is used to evaluate the
threats.
What poses as a potential health hazard was also of concern to Mr. Ferris. He
stated a process must be established to define what constitutes a health hazard or threat to
the water supply, as well as a violation. A hearing or appeal process should be established
to allow for the fair and impartial presentation of evidence by all parties involved.
According to Mr. Ferris, enactment of the proposed law will create many non-
conforming uses of operations that are currently legal and conforming. The words "non-
conforming" may create a connotation of the use being illegal when it may not be. In
addition, lending institutions may be reluctant to lend money to firms or uses classified as
non -conforming.
Mr. Ferris emphasized he is in favor of planning, land use, and water supply
protection and would like to see the Town adopt legislation that will accomplish the
desired results.
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JUNE 19, 2002 PUBLIC HEADING NO. 1 PAGE 4
Michael Chernago representing S.C.W.P., and Bestway Enterprises, directed a
question to Dr. Chris Burns of Clough, Harbour & Associates. Mr. Chernago questioned
Dr. Burns about the restrictions of Zone 1A, and whether or not anyone from industries
within the district had been asked to join in the evaluation to make it objective.
Dr. Chris Burns of Clough, Harbour & Associates stated no.
Supervisor Thorpe indicated meetings involving the deliberations of the group who
drafted the plan were open to the public, and were published in the paper. However, not
too many people, if any, attended the open meetings.
Dr. Burns clarified Zone 1A has nothing to do with industry, but rather with the
amount of time it takes for a drop of water to reach the Wellhead, which is two years.
Mr. Chernago stated not one person in the community, including industry, would
willingly or knowingly want to pollute. Mr. Chemago questioned whether or not the plan
was objectively written when a company from outside the Town helped write the
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development plan. Mr. Chernago complemented all of the talented people who work for
industries such as Borg Warner and Pall Trinity, and questioned why not a single person
from one of the Town's industries was invited to help write the development plan.
James Trasher of Clough, Harbour & Associates stated the committee was created
through discussion amongst the Board of who should be included. Two members from
the Town Board were on the committee, Supervisor Thorpe and Councilman O'Donnell, as
well as two members of the Town Planning Board, Nick Renzi and Kathy Wickwire. Mr.
Trasher stated they then asked people within the community to be on the committee, such
as Seth Burgess, Dave Verasco, and CEO Bruce Weber
Code Enforcement Officer Bruce Weber stated two of the committee members have
serious industrial background. Nick Renzi worked with Pall Trinity while Dave Verasco
worked with Smith Corona.
CEO Weber also stated people within the community were invited to specific
meetings. There were also meetings open to the public, which were published in the
newspaper. Public input was sought through the meetings.
Supervisor Thorpe stated it was not the intent of the Board to exclude anybody
from making comments or contributing to the Wellhead Protection Plan. However, if the
Board opened up the advisory committee to twenty-five people or so, there would have
been no results. Supervisor Thorpe stated the Plan will be extensively modified, however
he did not feel it was time for incriminations. In order to elicit public comments, the Board
hoped the Plan would be restrictive.
Planning Board member Kathy Wickwire stated the advisory board did not come
up with the Wellhead Protection Plan, but rather came up with the need for the plan. No
industry was targeted from being in a specific zone; the zones were distinguished by where
water comes from.
Mr. Chernago stated the industries within the zone that will be affected should have
been a part of the study completed by Clough, Harbour & Associates to make the study
objective.
Mrs. Wickwire stated the advisory committee was a Land Study Committee rather
than a Wellhead Committee. After the committee was done with the Land Study, the
committee members decided the Town needed protection for the Town water supply for
future generations. She stated the industries within Zone 1A just happened to be in the
critical zone.
Mrs. Wickwire stated the advisory meetings were all open to the public. The
committee members invited agencies, businesses and municipalities to attend the meetings,
yet nobody attended. In addition, the Cortland Standard published articles regarding the
plan and the meetings.
Mr. Chernago stated he was not suggesting people are against a plan, he was
questioning why industry was not involved in the study Clough, Harbour & Associates
completed.
Mrs. Wickwire stated Clough, Harbour & Associates completed a scientific study
regarding where water was collected and to find out what is normally prohibited in each
type of law. The study was not completed to determine what industries are good or bad.
Supervisor Thorpe stated the public now has an opportunity to criticize and make
suggestions regarding specific issues rather than dealing with a broad range of generalities.
Supervisor Thorpe stated he is not apologetic for the way the committee functioned.
Councilman Rocco stated the Board is very open-minded and is looking for public
response. He thanked those people who submitted comments and stated the Board will
review them all.
395
JUKE 19, 2002
PUBLIC HEARING NO. 1
PAGE 5
Supervisor Thorpe offered privilege of the floor to Attorney Mike Shafer.
Attorney Mike Shafer, representing Rerob, LLC, the applicant for the proposed
Express Mart on the comer of Limehollow Road and NYS Route 13, followed up on Mike
Chemago's comments.
Mr. Shafer stated there is only a short period of time left to address the issue, as the
Town mandate is about seventy days away from Clough, Harbour & Associates finalizing
the Wellhead Protection Plan.
Mr. Shafer questioned if there was discussion as to where the wells would be
located, and whether a municipal well could be placed elsewhere.
Councilman Testa interjected and stated in the past the Town looked at three
different areas to place a well, which did not produce enough water per minute.
® Supervisor Thorpe stated several test wells were driven, which were not
productive.
Mr. Shafer stated the Limehollow well is very productive as the figures prove, and
questioned whether or not Clough, Harbour & Associates looked at any other places for a
potential well.
Supervisor Thorpe stated it was not up to Clough, Harbour & Associates to decide
where a well could potentially be placed. He then requested someone from Soil & Water
Conservation apprise the Board and those in attendance.
Patrick Reidy from Soil & Water Conservation stated they have looked at how
much water is in the Otter Creek Aquifer. When looking at the total pumpage from the
Town, City of Cortland, Pall Trinity and various others who withdraw from the aquifer,
there is really not too much water left. If the City were to move its supply in the vacinity
of Limehollow, Mr. Reidy stated he did not believe there would be enough water to
supply both the Town and the City. Moving the City well to the Limehollow site has been
considered. However, the Town and the City do not have many options in terms of an
alternate water supply. It would not only be a challenge to find enough water to meet the
current and future demand for water in a different location, it would also be quite costly.
Supervisor Thorpe apprised Mr. Shafer the best solution would be to build a
pipeline from the Town to Skaneateles Lake. Unfortunately doing so would cost millions
of dollars, which is not feasible.
Mr. Shafer stated his comments were serious and did not intend for them to be taken
lightly. He stated he was not talking about relocating the water services for the Town or
the City. Mr. Shafer stated the Board took it upon themselves in the past to explore some
alternatives. He questioned whether or not the "experts" of the current analysis looked at
alternative sources for placement wells in the community that would have less of an impact
on the area in which the Town has allowed development to occur.
Mr. Shafer stated, under the definition of on -site consumption the municipality is
exempt, as it is treated in Zone 1A, Item 20, Prohibited Uses. He stated on -site
consumption is one of the most significant concerns in the plan.
Mr. Shafer discussed the pending application status of Rerob LLC. He apprised the
Board he represents a client who has been involved in the process for over two years and
has spent about $100,000.00 in the application process. His client would like to complete
the application and have it judged under existing regulations.
Mr. Shafer stated there is no effective date set forth in the draft of the ordinance and
questioned what the Board thought.
Dr. Bums asked Mr. Shafer to expand on Item #20.
Mr. Shafer stated Item #20 excludes on -site consumption. Mr. Shafer read a portion
of the definition of on site -consumption from the Wellhead Protection Plan.
"On -site consumption does not include the on -site use of petroleum for
processing or manufacturing activities or the sale or distribution of petroleum
for or into vehicles, except vehicles used for municipal and agricultural
operations on that. site."
Mr. Shafer questioned whether a vehicle could leave the Municipal Building if it
was fueled on -site. Mr. Shafer stated according to the definition the vehicle cannot leave
the site.
Dr. Bums stated the intent of Item #20 was not to benefit the Town. On -site
consumption means the vehicles must stay on -site.
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JUNE 19, 2002 PUBLIC HEARING NO. 1 PAGE 6
CEO Bruce Weber stated there. are no repair facilities or fuel for vehicles in the
Cortlandville Water & Sewer Municipal Building and questioned whether Mr. Shafer was
under the assumption there was.
Supervisor Thorpe offered privilege of the floor to Linda Harstock
Linda Harstock, Executive Director of the Cortland County BDC/IDA, questioned if
Clough, Harbour & Associates looked at whether or not it presents a land use conflict and
implementation in the Empire Zone in Cortlandville as there is considerable overlap.
Dr. Bums stated no.
Ms. Harstock continued with a second question ,regarding industry sectors and
business activities. The first draft of the Wellhead Protection Plan did not include
categories such as communication and electronic equipment under the prohibited uses. She
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asked why Clough, Harbour & Associates decided to include such categories in the second
draft. Ms. Harstock stated she was curious because the sectors were included in the
implementation of the Empire Zone.
Dr. Bums stated Clough, Harbour & Associates used the EPA guidance documents
and more specifically Appendix D regarding prohibited uses and activities. He stated the
first draft was not in sync with the Appendix. Clough, Harbo tr & Associates made sure
everything in the text of the ordinance was cross-referenced with the EPA guidance
document for the second draft.
Ms. Harstock recommended the Town deliberate over its modifications. and look
particularly at the business sectors. She stated her biggest concern was for Borg Warner,
having worked so hard to bring the business to Cortland for the past two years.
Ms. Harstock presented one final question regarding whether or not the Town has
considered implementing and funding a PDR. program (Purchase of Development Rights),
since to a certain extent the Town is essentially taking away development rights.
Supervisor Thorpe stated it is quite clear there must be a judgment process as well
as modifications, and offered a hypothetical example regarding chemical manufacturing
and reprocessing.
Ms. Harstock questioned who determines whether a proposed project is permitted.
CEO Bruce Weber stated he discussed the ordinance with Michael Kubarek from
Borg Warner. Mr. Kubarek stated Borg Warner does. not appear to be affected by the
ordinance in regard to hazardous wastes, toxic substances and the processing that occurs.
Ms. Harstock questioned whether the Town would consider Borg Warner as a
metal fabricator and if the company would be restricted due to that classification.
Dr. Bums stated a judgment will have to be exercised in terms of what the industry
is doing and whether or not they are potentially exposing hazardous materials, waste, or
disposal practices. To create a document that will address every instance is difficult,
especially since changes occur with time.
Supervisor Thorpe offered privilege of the floor to Roy Susskind.
Roy Susskind, CEO of J.M. Murray Center and owner of Cortlandville Sand &
Gravel, stated there are issues regarding interpretations and changes. He stated the Town
may spend a great deal of money in the future for legal costs to defend its actions.
Mr. Susskind presented a second point regarding gravel being a high hazard, and
stated there is nothing from the EPA guidance in the Wellhead Protection Plan regarding
gravel. He addressed the issue to Dr. Chris Bums of Clough, Harbour & Associates, and
stated he would like to see a geological or hydrological study that supports gravel being a
high hazard.
Dr. Bums stated a sand and gravel mine represents a very permeable area in which
any pollutants introduced to the particular area could immediately impact the aquifer. The
sand and gravel mine is close in proximity to the aquifer and presents a permeable conduit
for pollutants to move down into the water.
Mr. Susskind restated he would like to see a geological study. He stated he spoke
with the DEC and does not believe there is any support for categorizing gravel mining as
hazardous.
Dr. Bums stated if the potential dangers to the aquifer were ranked, a gravel mine
would not be at the top of the list. He stated Clough, Harbour & Associates wanted to
avoid asking industries what their input would have been so that specific industries did not
make a case as to why they don't belong on the list. The list provided by the EPA is for
types of activities and uses in the United States which have led to contamination.
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JUNE 19, 2002 PUBLIC BEARING NO. 1 PAGE 7
Mike Chemago stated Dr. Bums answered the question he had earlier. Be stated
Dr. Burns indicated Clough, Barbour & Associates did not want industry to be a part of
the development plan as they were afraid the industries would defend themselves.
Dr. Burns reiterated they did not exclude any person or industry from the process.
James Trasher of Clough, Barbour & Associates stated his company was asked to
draft a Wellhead Protection Plan and ordinance. There was no consultation other than with
local agencies who put together the groundwater models as well as with other
municipalities who have a Wellhead Protection Plan. Town Attorney John Folmer may
use the example law Clough, Barbour & Associates has drafted in any way to create the
Local Law that will or will not be adopted by the Town. Mr. Trasher stated the Wellhead
Protection Plan draft may be modified.
® Supervisor Thorpe offered privilege of the floor to Attorney Mike Shafer.
Attorney Mike Shafer stated there should be a mechanism in the ordinance used to
exclude a specific use from the category of hazardous or prohibited uses. Be stated a
company such as Borg Warner, which is a metal fabricating company, should be allowed
the opportunity to state the type of activity that takes place, any issues that should be
addressed and the particular materials listed which are not used by the company.
Attorney Folmer stated his goal is to take the proposed ordinance and put it together
in a way that will protect the water supply and not make things difficult for industry. A
Special Permit will be drafted into the ordinance, which will give companies such as Borg
Warner the opportunity to ask the Board for a Special Permit as long as the company is not
a threat to the aquifer.
Attorney Folmer stated he would like to see a provision in the ordinance stating if a
company is required to apply for a Special Permit, the company should not have to apply
for an Aquifer Protection Permit as it should already be included.
Attorney Folmer responded to the statements made by Robert Ferris earlier in the
Public Bearing and stated he also believes the appeal process should be looked at
differently than what is provided in the Wellhead Protection Plan draft.
Supervisor Thorpe offered privilege of the floor to Kathy Wickwire.
Kathy Wickwire stated she would also like an appeal process, but would like the
Town to be able to say no, and for the decision to hold up in court. Mrs. Wickwire
offered an example regarding the application for a gas station turned down by the Planning
Board, as well as by the Town Board who did not want to issue a Special Permit. She
stated the Town could be taken to court over this matter.
Attorney Mike Shafer stated Mrs. Wickwire's statements were not accurate. Mr.
Shafer stated his client is in the middle of the SEQRA process, and the Board has not made
any determinations. The Town is not in court at this moment.
Town Attorney Folmer stated if the Town has a proper ordinance it may turn down
the appeal and have standing in court.
Mrs. Wickwire stated the elected officials of the Town should have the last say
about what can and cannot go into a particular zone.
Attorney Folmer stated there are two parts of every ordinance. The first part is
called punitive, in which a person who does not follow the ordinance will be accused of
® violating the law and will face a consequence. The positive side to this part of the
ordinance is that it is a planning tool.
Attorney Folmer stated the Board has been very supportive of local industry. The
intent is to combine the concern for industrial growth with the health and safety of the forty
or fifty thousand people who rely on the aquifer. Be stated every person must look away
from their own self-interest to the overall good of the community.
Roy Susskind stated the Town should develop a defense for treatment of water
which can be used in the event a disaster affects the aquifer.
396
JUNE 19, 2002
PUBLIC HEARING NO. 1
PAGE 8
Supervisor Thorpe offered privilege of the floor to Attorney Mike Shafer.
Attorney Mike Shafer questioned whether there is a document available to show the
full scope of the analysis completed for the contribution areas in the Wellhead Protection
Plan, as they were significantly different than the analysis supplied by the USGA. Mr.
Shafer questioned how the pumping rate for the Town could be four times water use when
the pumping rate for the City is only one and a half times water use.
Dr. Chris Burns from Clough, Harbour & Associates stated about ninety-nine
percent of the full text supplied by the Soil Conservation Service was included in the
Wellhead Protection Plan. Pumping rates were developed during a meeting held between
the Town and the Cortland Water Board, in which historical rates, current rates, and future
growth based on census figures was discussed.
Patrick Reidy from Soil & Water Conservation stated Mr. Shafer's comments
regarding the pumping rate was incorrect. He stated the wells located at Limehollow Road
and Terrace Road can only be pumped one at a time. There is essentially a fifty -percent
increase for both the Town and the City.
Mr. Reidy stated there was a meeting between the Town, Cortland Water Board,
Clough, Harbour & Associates, the USGS and Soil and Water Conservation District, in
which the pumping rates were discussed. Future protection of the aquifer is an important
issue as well as the future supply and demand. Based on general growth of the community
as well as other factors there will be an approximate fifty -percent increase in water
demand.
Mr. Shafer stated he would like to see an actual report regarding the pump rates and
how they were decided.
Supervisor Thorpe intervened and stated he would like to hear from someone else
in attendance regarding a different issue.
Timothy Buhl of Resource Associates commented on aquifer recharge. He
questioned if any time was spent reviewing areas of critical recharge and attempting to treat
those areas specially, since the withdrawals are close to what is actually going in to the
aquifer.
Mr. Reidy stated the model is a sophisticated groundwater model which streams are
incorporated into. Streams can gain or lose water. There are tributary streams that extend
several miles away from the wells that could potentially provide a pathway, which should
be addressed by the Town in another manner such as surface water protection. Mr. Reidy
stated the model is comprehensive in regard to streams and various sources of recharge.
Mr. Buhl questioned what specific areas are identified as critical for recharge within
the boundaries of the Town, and whether those areas should receive special consideration.
Mr. Reidy stated only Zone lA and Zone 113 have been discussed. There is a Zone
2 recharge area, which from a groundwater perspective is more remote and considered less
of a threat to the quality of the wells. The composite of all the Wellhead Protection areas
covers the entire Otter Creek and Rye Creek Water Shed.
Supervisor Thorpe offered privilege of the floor those in attendance for final
comments.
Daniel Dineen from the Cortland County Planning Board briefly discussed the
language of the Wellhead Protection Plan regarding the words "restrictive" versus
"prohibited".
Michael Kubarek from Borg Warner stated he did not see the standard industrial
code used by Borg Warner listed in the Wellhead Protection Plan.
Linda Harstock, Executive Director of the Cortland County BDC/IDA, stated the
Industrial Code System will be changing during the next year.
John Sidd, attorney for the Cortland County BDC/IDA, stated industry is located
within both the Wellhead Protection Zone and the Empire Zone. He stated it is important
to notice how the Wellhead Protection Plan affects the existing businesses in relation to
economic development. He stated it is important to protect the aquifer as well the
economy, however Cortland could lose businesses to other counties due to regulations.
Mr. Sidd requested a copy of the document regarding the development of the water shed.
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JUNE 19, 2002 PUBLIC HEARING NO. 1 PAGE 9
397
Supervisor Thorpe stated the Board understands the Town needs more industry and
jobs. The Board is not anti -industry, anti -growth, nor anti -jobs. The Board is concerned
with protecting the aquifer. Supervisor Thorpe stated the draft of the Local Law No. 3 will
be extensively modified.
Attorney Mike Shafer questioned whether or not the Public Hearing would be
adjourned.
Town Attorney Polmer stated no, however there will be another Public Hearing
when the revised draft of the ordinance is prepared and submitted.
Attorney Shafer asked if the comment period, which expires June 24, 2002, could
be extended two days after he is provided with a copy of the modeling document used to
generate the information in the Wellhead Protection Plan. He stated he could not
effectively address the information without the material.
Patrick Reidy from Soil & Water Conservation briefly expanded on the modeling
document. He stated there were no modifications of the USGS model used other than what
is sited in the Wellhead Protection Plan.
No further continents or discussions were heard.
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 6:25 p.m.
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398 JUNE 19, 2002
6:25 P.M.
PUBLIC HEARING NO.2
RECONVENED FROM JUNE 12, 2002
SPECIAL MEETING
COMPREHENSIVE LAND USE
AND AQUIFER PROTECTION PLAN
A Public Hearing was held by the Town Board of the Town of Cortlandville at the
Town Hall, 3577 Terrace Road, Cortland, New York, regarding the adoption as a Planning
Document, the Comprehensive Land Use and Aquifer Protection Plan resulting from the
Route 281/13 Corridor Study.
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;
Water & Sewer Sup't., Peter Alteri; James Trasher, Jane Rice, Walter Kalena, and Dr.
Chris Burns of Clough, Harbour & Associates; Planning Board members, Nick Renzi and
Katherine Wickwire; Code Enforcement Officer, Bruce Weber; County Legislator, Paul
Allen; Deputy Town Clerk, Kristin Rocco; County Planning Department Director, Daniel
Dineen; Patrick Reidy from Cortland County Soil & Water Conservation; Robert Ferris of
Ferris Real Estate; Cortland City Water Sup't., Doug Withey; Mike Chernago representing
S.C.W.P. and Bestway Enterprises; Attorney Mike Shafer; Attorney John Sidd
representing the IDA; Cortland County BDC/IDA Executive Director, Linda Harstock;
Attorney Ron Walsh; News Reporter Jill Giocondo of the Cortland Standard; Tim Buhl of
Resource Associates; Roy Susskind, CEO of J.M. Murray Center and owner of
Cortlandville Sand & Gravel; Phil Simon and Mel Simon of MVE Homes; Michael
Kubarek of Borg Warner; others in attendance Lydia Ferro, Paul Slowey, John Dunham,
Sue Fitts, Dan McNeil, David McNeil, Mike Curry, Steve McLyman, and Paul Stuart.
Supervisor Thorpe called the Public Hearing to order.
Supervisor Thorpe offered privilege of the floor to those in attendance
Phil Simon, MVE Homes, questioned if there was a larger, more detailed map of the
Land Use/Aquifer Protection Plan to look at, as his property is included in the plan. He
stated it is difficult to see what the proposed and recommended changes are to specific
areas of the map.
Supervisor Thorpe apprised Mr. Simon he could look at a larger map located in the
Town Clerk's office.
Town Attorney Folmer stated the Plan is merely a planning document. There are no
pending suggestions of any changes to the land use regulation pending other than the
Wellhead Protection Plan. The Land Use/Aquifer Protection Plan does not have the force
of law, but will be used as a guide by the Planning Board and Town Board.
Mr. Simon suggested if there are proposed zone changes in the future, property
owners should be notified by mail that there will be changes affecting their property.
Attorney Folmer stated property owners are notified by mail as it is required when
such propositions are made.
Roy Susskind questioned why there are two drafts of the Wellhead Protection Plan.
Town Clerk Snyder apprised Mr. Susskind the two drafts are slightly different and
can be differentiated by the date on the cover of the plan. She assured Mr. Susskind he is
in possession of the most current plan.
No further comments or discussions were heard.
Councilman Pilato made a motion, seconded by Councilman O'Donnell, to close the
Public Hearing. All voting aye, the motion was carried.
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The Public Hearing was closed at 6:30 p.m.
JUNE 19, 2002
PUBLIC HEARING NO. 3
399
6:30 P.M.
AQUIFER PROTECTION PERMIT
CORTLAND SPORTS COMPLEX INC.
NORTH SIDE OF CARROLL STREET
TAX MAP #76.19-01-30.100
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 81,000 sq. ft. multi -purpose sports facility to be
located on the Cortland County Fairgrounds property, north of Carroll Street and east of
Fairground Drive, 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 & Sewer Sup't., Peter Alteri; James Trasher, Jane Rice, Walter Kalena, and Dr.
Chris Bums of Clough, Harbour & Associates; Planning Board members, Nick Renzi and
Katherine Wickwire; Code Enforcement Officer, Bruce Weber; County Legislator, Paul
Allen; Deputy Town Clerk, Kristin Rocco; County Planning Department Director, Daniel
Dineen; Patrick Reidy from Cortland County Soil & Water Conservation; Robert Ferris of
Ferris Real Estate; Cortland City Water Sup't., Doug Withey; Mike Chernago representing
S.C.W.P. and Bestway Enterprises; Attorney Mike Shafer; Attorney John Sidd
representing the IDA; Cortland County BDC/IDA Executive Director, Linda Harstock;
Attorney Ron Walsh; News Reporter Jill Giocondo of the Cortland Standard; Tim Buhl of
Resource Associates; Roy Susskind, CEO of J.M. Murray Center and owner of
Cortlandville Sand & Gravel; Phil Simon and Mel Simon of MVE Homes; Michael
Kubarek of Borg Warner; others in attendance Lydia Ferro, Paul Slowey, John Dunham,
Sue Fitts, Dan McNeil, David McNeil, Mike Curry, Steve McLyman, and Paul Stuart.
Supervisor Thorpe called the Public Hearing to order.
The Town Clerk read aloud the Legal Notice, as published posted and filed.
Supervisor Thorpe offered privilege of the floor to those in attendance.
Paul Allen, Cortland County Legislator, apprised the Board a Town resident
contacted him regarding the speed vehicles travel on Carroll Drive. Mr. Allen questioned
if the Town would consider posting speed zones in the area.
Attorney Folmer stated if the constituent was concerned with the speed limit
whether or not there is a sports complex, he should contact Highway Sup't. Carl Bush.
® No further comments or discussions 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 6:35 p.m.
8 o JUNE 19, 2002
PUBLIC HEARING NO.4
6:35 P.M.
AQUIFER PROTECTION PERMIT
MICHAEL MAY FOR DR. ELLIOT RUBINSTEIN
TAX MAP #95.16-01-04.100,
#95.16-01-04.220, #95.16-01-24.200
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 40x39 sq. ft. addition to an existing physician's
office, located on the west side of Route 251, approximately 250 feet north of the
intersection NYS Route 13, 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 Snyder
Others present were: Town Attorney, John Folmer; Highway Sup't., Carl Bush;
Water & Sewer Sup't., Peter Alteri; James Trasher, Jane Rice, Walter Kalena, and Dr.
Chris Burns of Clough, Harbour & Associates; Planning Board members, Nick Renzi and
Katherine Wickwire; Code Enforcement Officer, Bruce Weber; County Legislator, Paul
Allen; Deputy Town Clerk, Kristin Rocco; County Planning Department Director, Daniel
Dineen; Patrick Reidy from Cortland County Soil & Water Conservation; Robert Ferris of
Ferris Real Estate; Cortland City Water Sup't., Doug Withey; Mike Chernago representing
S.C.W.P. and Bestway Enterprises; Attorney Mike Shafer; Attorney John Sidd
representing the IDA; Cortland County BDCIIDA Executive Director, Linda Harstock;
Attorney Ron Walsh; News Reporter Jill Giocondo of the Cortland Standard; Tim Buhl of
Resource Associates; Roy Susskind, CEO of J.M. Murray Center and owner of
Cortlandville Sand & Gravel; Phil Simon and Mel Simon of MVE Homes; Michael
Kubarek of Borg Warner; others in attendance Lydia Ferro, Paul Slowey, John Dunham,
Sue Fitts, Dan McNeil, David McNeil, Mike Curry, Steve McLyman, and Paul Stuart.
Supervisor Thorpe called the Public Hearing to order.
The Town Clerk read aloud the Legal Notice, as published posted and filed.
Supervisor Thorpe offered privilege of the floor to those in attendance.
No comments or discussions 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 6:36 p.m. •
G'
JUNE 19, 2002
6:36 P.M.
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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 Snyder
Others present were: Town Attorney, John Folmer; Highway Sup't., Carl Bush; Jill
Giocondo of the Cortland Standard; Timothy Buhl of Resource Associates; Attorney Mike
Shafer; Mike Curry, Steve McLyman, and Paul Stuart.
Supervisor Thorpe called the meeting to order following four scheduled Public
Hearings.
RESOLUTION #132 CANCEL SPECIAL TOWN BOARD MEETING FOR THE
WELLHEAD PROTECTION PLAN SCHEDULED
JUNE 25TH. 2002
Motion by Councilman Testa
Seconded by Councilman O'Donnell
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Special Town Board Meeting for the Wellhead Protection Plan
scheduled June 25 h, 2002 is hereby cancelled.
ftll1. 1 1 1. 1 y. , 1 1:
MQUO-1 r r1Vw.,1010113y
Motion by Councilman Testa
Seconded by Councilman Pilato
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Comment Period for the Wellhead Protection Plan is hereby
extended until July 190`, 2002.
Councilman Testa requested the Board move to Aquifer Protection Permit #5 of
2002 submitted by Cortland County Ag Corp., as the representatives had another
engagement.
Town Attorney. Folmer and the Board reviewed the Cortland Sports Complex Inc.
Short Environmental Assessment Form.
S 1 i 1 N # 134 DECLARE IMPACT 1R AQUIFER
PROTECTION 2002 CORTLAND SPORTS
COMPLEX1R PROPERTY LOCATED ON THE
CORTLAND 1 1N,1. -RO RM
Motion by Councilman Rocco
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
q 0 Z JUNE 19, 2002 TOWN BOARD MEETING PAGE 2
WHEREAS, an Aquifer Protection Permit .application was submitted by Cortland Sports
Complex Inc., for property located on the Cortland County Fairgrounds property, north of
Carroll Street and east of Fairground Drive, property owned by Cortland County Ag
Corp., permitting the construction of an 819000 sq. ft.;multi=purpose sports facility, tax map
#76.19-01-30.100, 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 Cortland Sports Complex Inc., Aquifer Protection Permit #5 of 2002, shall have
no significant environmental impact.
RESOULTION #135 AUTHORIZE SUPERVISOR TO SIGN SEQRA
APPLICATION OF ,AQUIFER PROTECTION PERMIT #5
OF 2002
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 #5 of 2002, submitted Cortland Sports
Complex, Inc.
Councilman Rocco questioned when construction would begin for the Sports
Complex and whether or not financing was taken care of.
Timothy Buhl of Resource Associates stated construction would hopefully begin at
the end of July, 2002 and that financing has been taken care of.
RESOLUTION #136 APPROVE AQUIFER PROTECTION PERMIT #5 OF 2002
CORTLAND SPORTS COMPLEX INC. FOR PROPERTY
LOCATED ON THE CORTLAND COUNTY
FAIRGROUNDS PROPERTY 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 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 #5
of 2002, submitted by Cortland Sports Complex Inc., for property located on the Cortland S
County Fairgrounds property, north of Carroll Street and east of Fairground Drive,
permitting the construction of an 81,000 sq. ft. multi -purpose sports facility, property
owned by Cortland County Ag Corp., tax map #76.19-01-30.100 subject to the following
conditions:
1. "No Parking" signs being installed on the entire lengths of Fairground Drive
and Carroll St. under Town jurisdiction and along the private road through
the fairgrounds property in order to maintain adequate emergency access
routes.
JUNE 19, 2002 TOWN BOARD MEETING PAGE 3
2. Parking during fair week being addressed since most of the proposed
parking on the site would be used as the midway area during fair week.
3. Changing west and south parking areas to parallel parking (Fairground Drive
and Carroll Street).
4. Sidewalk areas being indicated, particularly along the south and west side of
the building, to allow for safe access of pedestrians from the parking areas to
the building.
5. A stormwater pollution prevention plan being prepared and approved for the
proposed development.
6. A screening of 6' fast-growing evergreens being included on the northeast
corner of the property to screen the facility from the adjacent houses and
apartment buildings.
7. The applicant addressing snow removal plans.
8. Detailed plans for the concession area and bathrooms submitted to and
approved by the County Health Department. As part of this review, an
external grease trap will be required for connection, to the public sewer
system.
9. A negative declaration of environmental impact under SEAR upon the
applicant submitting 'a corrected Short Environmental Assessment Form to
the Town.
RESOLVED, the Supervisor is hereby authorized to sign the permit.
Councilman Testa made a motion, seconded by Councilman Pilato, to approve the
Town Board Minutes of April 17, 2002 as written. All voting aye, the motion was carried.
Councilman O'Donnell made a motion, seconded by Councilman Pilato, to receive
and file the Town of Cortlandville Board of Assessment Review Minutes of 2002. All
voting aye, the motion was carried.
Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive
and file Town Planning Board Minutes of March 26, 2002. All voting aye, the motion was
carried. . .
Councilman Rocco made 'a motion, seconded -by Councilman -O'Donnell, to receive
and file Town Zoning Board of Appeals Minutes of March 26, 2002. All voting aye, the
motion was carried.
RESOLUTION #137 AUTHORIZE PAYMENT OF VOUCHERS - JUNE
Motion by Councilman O'Donnell
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the vouchers submitted have been audited and shall be paid as
follows:
General Fund A
Vouchers #272 -295
$
5,085.22
General Fund B
69 - 78
$
3,492.65
Highway Fund DB
199 -228
$131,422.06
Water Fund
125 -136
$
72,906.54
Sewer Fund
61 - 69
$
73,302.69
�03
101
JUNE 19, 2002 TOWN BOARD MEETING PAGE 4
Supervisor Thorpe offered privilege of the floor to Attorney Mike Shafer.
Attorney Mike Shafer thanked Town Attorney Folmer for the indulgence of his
questions during Public Hearing No. 1 held prior to the Regular Town Board Meeting.
Monthly reports for the Town Clerk and Justice for May 2002, are on the table for
review and filed in the Town Clerk's office.
RESOLUMON #138 ACCEPT 2002 TAX COLLECTOR'S SUMMARY
Motion by Councilman O'Donnell •
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the 2002 Tax Collector's Summary is hereby accepted and shall be
received and filed.
Town Attorney Folmer. . and the Board reviewed Michael May's Short
Environmental Assessment Form.
RESOLUTION #139 DECLARE NEGATIVE IMPACT . FOR AQUIFER
PROTECTION PERMIT #6 OF 2002 SUBMITTED BY
MICHAEL MAY FOR PROPERTY LOCATED
ON NYS ROUTE 281
Motion by Councilman O'Donnell
Seconded by Councilman Rocco .
VOTES: ALL AYE ADOPTED
WHEREAS, an Aquifer Protection Permit application was submitted by Michael May, for
property located on the west side of NYS Route 281 owned by Elliot Rubinstein
permitting the construction of a 40x39 sq. ft. addition to an existing doctor's office, tax map
#95.16-01-04.100, #95.16-01-04.220, and #95.16-01-24.200, and
WHEREAS, the Town Board as Lead Agent, duly reviewed and. con*leted the Short
Environmental Assessment Form, therefore
BE IT RESOIVED, the Town Board as Lead Agent, does hereby declare the proposed
project of Michael May, Aquifer Protection Permit #6 of 2002, shall have no significant
environmental impact.
RESOLLTION #140 AUTHORIZE SUPERVISOR TO SIGN SEQRA
APPLICATION OF AQUIFER PROTECTION PERMIT #6
OF 2002 •
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 #6. of 2002, submitted by Michael May.
JUNE 19, 2002 TOWN BOARD MEETING PAGE 5 � a5
RESOLUTION #141 APPRO1 PROTECTION OF 2002
1 BY MICHAELO
LOCATED AT NYS ROUTE 281 SUBJECT TO
Motion by Councilman O'Donnell
Seconded by Councilman Rocco
VOTES: ALL AYE ADOPTED
WHEREAS, the Cortland County Planning Department and the Town Planning Board
have reviewed and recommended approval of this Aquifer Protection Permit 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 #6
of 2002, submitted by Michael May, for property located on the west side of NYS Route
281 owned by Elliot Rubinstein permitting the construction of a 40x39 sq. ft. addition to its
existing building for additional doctor's offices and exam rooms, tax map #95.16-01-
04.100, #95.16-01-04.220, and #95.16-01-24.200, subject to the following conditions:
1. Consolidation by deed of the three parcels that this development is located on
to assure that the bulk regulations of the Business District are met.
2. A negative declaration of environmental impact under SEQR.
RESOLVED, the Supervisor is hereby authorized to sign the permit.
Town Clerk Snyder stated she provided each member of the Board with a folder
that includes comments and concerns regarding the Wellhead Protection Plan. She
specifically drew attention to the comments submitted by Gary VanGorder of the Chamber
of Commerce.
Attorney Folmer reported:
Financing Projects:
Town Attorney Folmer stated he would give Town Clerk Snyder the final opinion
letters and bills for the three financing projects which he just received in the mail. He
stated he has been trying to contact Cindy Hunter of Alliance Bank to inquire how many
copies she will require.
Conveyance of Hobart Hill Property:
Attorney Folmer discussed the property conveyance between the Town and Mr.
Bernard Glazier for property located on Hobart Hill Road. Mr. Glazier anticipated he
would be receiving a portion of the road right-of-way that is no longer owned by the
Town. Due to this development, Attorney Folmer suggested the Board consider reducing
the price of the deed.
Councilman Testa asked Attorney Folmer what he thought a fair selling price would
be.
Attorney Folmer stated $300.00 would be a fair price since the Town is conveying
what Mr. Glazier did not originally think he would be buying.
�,L-SOL14107#142 AUTHORIZE TOWN SUPERVISOR TO EXECUTE A
DEED TO BERNARD GLAZIER FOR PROPERTY O
HOBART HILL ,O.1 AND DELIVER THE DEED UPON
PAYMENT 1 11 11
Motion by Councilman Testa
Seconded by Councilman Rocco
VOTES: ALL AYE ADOPTED
q b(0 JUNE 19, 2002 TOWN BOARD MEETING PAGE 6
WHEREAS, the Town Board authorized and directed the Supervisor to execute a deed to
Bernard Glazier for the 0.93-acre properly located on Hobart Hill Road, a portion of the
road right-of-way, at the June 56, 2002 Town Board Meeting, Resolution #129, and
WHEREAS, Bernard Glazier assumed the property to be conveyed was larger than it
actually is, and
WHEREAS, after further consideration the Town Board declared the original price of
$450.00 for the property conveyance be too much money and decreased the payment price
to $300.00, therefore
BE IT RESOLVED, the Supervisor is hereby authorized and directed to execute a deed to
Bernard Glazier for the 0.93-acre property located on Hobart Hill Road, a portion of the
road right-of-way, and it is further i
RESOLVED, the Supervisor is authorized and directed to deliver the deed upon payment
of $300.00.
Town Clerk Snyder apprised the Board the Town received a letter from Cindy
Hunter of Alliance Bank stating the proposed fees are on hold, perhaps due to notification
the Town is researching other banking institutions. Mrs. Snyder stated the County and
Village of McGraw are also researching other institutions.
Attorney Folmer stated Alliance Bank has lost four significant trust accounts in the
last three weeks and are about to lose perhaps three more. He stated this is a result of
many factors such as the Trust Officer leaving and the fee increase. There does not appear
to be a concern at the headquarters in Syracuse, New York that there be a significant
presence in Cortland.
Councilman O'Donnell- made a motion, seconded by Councilman Rocco, to receive
and file correspondence from Bruce Horncastle of Commonwealth Electrical Inspection
Service, Inc. regarding electrical inspections for the Town. All voting aye, the motion was
carried.
There was a brief discussion regarding the modification of the water benefit tax for
Dr. Edward Steinfeldt of Kinney Gulf Road.
Supervisor Thorpe urged to Board to uphold Town Assessor David Briggs' benefit
assessment of the property. Due to the fact the water line is across the street from his
properly, Dr. Steinfeldt feels his property is not benefited and would like a refund.
Supervisor Thorpe read a portion of the letter received from Mr. Briggs, which
stated a refund is not appropriate and the parcel should be added to the list of benefited
properties in the district.
Supervisor Thorpe apprised the Board it may be difficult getting a sewer easement
signed by Dr. Steinfeldt for the upcoming Highland Road Sewer Project as a result of this
issue.
Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive
and file correspondence from Town Assessor, David Briggs, regarding the water benefit
tax for Dr. Edward Steinfeldt of Kinney Gulf Road. All voting aye, the motion was
carried.
RESOLUTION #143 DENY WATER BENEFIT TAX REFUND REQUEST FROM
EDWARD STEINFELDT OF KINNEY GULF ROAD
Motion by Councilman O'Donnell
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
WHEREAS, a request was received from Edward Steinfeldt regarding a water benefit tax
refund on his parcel tax map #86.13-01-03.000, for the years 1991-1996, and
�0�
JUNE 19, 2002
TOWN BOARD MEETING
PAGE 7
WHEREAS, no refund was ever authorized by this Town Board, and
WHEREAS, the water benefit tax charge was removed from said parcel ,in November
1997 per Assessor David Briggs, and
WHEREAS, after discussion with Town Engineer Hayne Smith it is the opinion of
Assessor David Briggs the water benefit tax on said parcel should be reinstated and no
refund issued, due to the towns, policy is water need only be avails to a properly in
order for it to be benefited, therefore
BE IT RESOLVED, the Town Board does hereby deny, the request from Edward
Steinfeldt for a water benefit refund for the years 1991-1996, and it is further
RESOLVED, the Assessor is hereby authorized and directed to reinstate the water benefit
tax on parcel tax map #86.13-0.1-03.000 property owned by Edward Steinfeldt effective
with the 2003 Town and County Tax.
Supervisor Thorpe apprised the Board he was advised by Highway Sup't. Carl
Bush to decline the request made by Suburban Propane, located at 3897 US Route 11, to
hire the Water and Sewer Department to pump out a catch -basin located on their property.
Councilman O'Donnell stated he also spoke with Sup't Bush , who stated once the
Town offers its services there may be more requests which could get out of control.
Councilman Rocco agreed and stated the Town could interfere with local businesses
that offer the desired service.
Attorney Polmer stated whether the Town was compensated or not, it would be
utilizing municipal employees and equipment on private property which is not permitted.
Supervisor Thorpe stated he would leave it up to Sup't Bush to inform Suburban
Propane of the Board's decision stating it would be illegal to provide the service.
Councilman Rocco questioned Sup't. Bush regarding Bill Whiting's properly and
the flooding at Renaissance.
Sup't Bush stated he had been in contact with Mr. Whiting.
Councilman O'Donnell made a motion, seconded by Councilman Rocco, to receive
and file correspondence from Richard D., Smith of Suburban. Propane, regarding the
request to hire the Cortlandville Water & Sewer Department to clean out a catch -basin. All
voting aye, the motion was carried.
RESOLUTION #144 DENT SUBURBAN PROPANE'S REQUEST TO HIRE THE
CORTLANDVILLE WATER & SEWER DEPARTMENT
TO CLEAN A CATCH -BASIN LOCATED AT 3897 US
ROUTE 11
Motion by Councilman O'Donnell
Seconded by Councilman Rocco
® VOTES: ALL AYE ADOPTED
WHEREAS, a request was received from Suburban Propane to hire the Town of
Cortlandville Water & Sewer Department to clean out a catch -basin located at 3897 US
Route 11 owned by Suburban Propane, therefore
BE IT RESOLVED, the Town Board does hereby deny such request due to municipal
employees and equipment are not permitted to be utilized for private use.
q b U JUNE 19, 2002 TOWN BOARD MEETING PAGE 8
Attorney Folmer and The Board discussed the Comprehensive Land Use/Aquifer
Protection Plan Full Environmental Assessment Form.
RESOLUTION #145 DECLARE NEGATIVE IMPACT FOR LAND
USE/AQUIFER PROTECTION PLAN AND AUTHORIZE
SUPERVISOR TO SIGN SEORA
Motion by Councilman Rocco
Seconded by Councilman O'Donnell
VOTES: ALL AYE ADOPTED
WHEREAS, a planning document called the Land Use/Aquifer Protection Plan for the
NYS Route 13 and Route 281 Corridor was presented for adoption to the Town Board,
and •
WHEREAS, as Lead Agent, the Town Board duly reviewed and completed the Full
Environmental Assessment Form, therefore
BE IT RESOLVED, the Town Board does hereby declare the proposed planning
document called the Land Use/Aquifer Protection Plan for the NYS Route 13 and Route
281 Corridor shall have no significant environmental impact, and it is further
RESOLVED, the Supervisor is hereby authorized and directed to sign the SEQRA form
for said project.
RESOLUTION #146 ADOPT THE LAND USE/AQUIFER PROTECTION PLAN —
2002 FOR THE NYS ROUTE 13 AND ROUTE 281
CORRIDOR
Motion by Councilman Rocco
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
WHEREAS, an Advisory Committee was established to revise and redevelop the Towns
1976 Development Plan, and
WHEREAS, after several months of planning and discussions the Advisory Committee
and the Cortland County Planning Department recommended approval of such planning
document called Land Use/Aquifer Protection Plan, for the NYS Route 13 and Route 281
Corridor, and
WHEREAS, a Public Hearing was duly held by this Town Board, therefore
BE IT RESOLVED, the Town Board does hereby approve such planning document
presented called the Land Use/Aquifer Protection Plan for the NYS Route 13 and Route
281 Corridor - 2002.
Attorney Folmer stated the Moratorium will expire on June 30', 2002. With the
Land Use/Aquifer Protection Plan adopted, the Planning Board is entitled to utilize the
guidelines in reviewing applications' such as Special Permits. In Chapter 3 of the Plan,
there is a discussion of the Wellhead Protection Plan. To some extent it may be utilized
even though the Wellhead Protection Plan Ordinance has not yet been adopted.
Councilman Rocco made a motion, seconded by Councilman Testa, to receive and
file correspondence from the Cortland County BDC/IDA regarding the proposed Wellhead
Protection Plan. All voting aye, the motion was carried.
Councilman Rocco made a motion, seconded by Councilman Testa, to receive and
file correspondence from Robert Ferris of Ferris Real Estate regarding the proposed
Wellhead Protection Plan. All voting aye, the motion was carried.
JUNE 19, 2002 TOWN BOARD MEETING PAGE 9
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Councilman ®'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 7:00 p.m.
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Respectfully submitted,
Karen Q. Snyder
Town Clerk
Town of Cortlandville