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Home My WebLink About03-03-1999MARCH 3, 1999 7:00 P.M. PUBLIC HEARING AQUIFER PROTECTION PEP,MIT UIT-KOTE CORP. LORING CROSSING TP_X MAP #77.00-01-22.000 77.00-01-44.100 77.00-04-11.110 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 modernization and expansion of the applicant's facility. Members present: Absent: Supervisor, Raymond Thorpe Councilman, Theodore Testa Councilman,. Edwin O'Donnell Councilman, John Pilato Town Clerk, Pauline Parker Councilman, Ronal Rocco Others present were: Town Attorney, John Folmer; Highway erupt, Carl Bush; Attorney, Kevin Bernstein and Richard Schutz of Suit -Kate Corp.; Town resident, Gerald Treacy and News Reporter, Angela Leddy. Supervisor Thorpe called the Public Hearing to order. He stated all the testimony and documentation, received prior to and during the meetings of February 17, 1999, will be incorporated into this Hearing. He suggested tonight's testimony be only material not previously presented to the Board. The Town Clerk read aloud the Legal Notice, as published, posted and filed. Supervisor Thorpe offered privilege of the floor to those in attendance. Attorney Bernstein stated, for the record, at its meeting on February 23, 1999 the Town Planning Board recommended approval of Suit-Kote's Aquifer Protection Permit, with conditions specified by the County Planning Board, Res. 98-57. On this basis, Suit- Kote is requesting approval of this application. Attorney Folmer stated that this Town Board reviewed and took action on the S'EQRA Full Environmental Assessment Fort, submitted by Suit -Kate, at their meeting on February 17, 1999. There being no further continents, Councilman Testa made a motion, seconded by Councilman Pilato, to close the Public Hearing. All voting aye, the motion was carried. The Public Hearing was closed at 7:05 p.m. MARCH 3, 1999 TOWN BOARD MEETING 7:00 P.M. The Regular Meeting of the Town Board of the Town of Cortla.ndville was held at the Town Hall, 3577 Terrace Road, Cortland, New York, with Supervisor Thorpe Presiding, following a Public Hearing. Members present: Absent: Supervisor, Raymond Thorpe Councilman, Theodore Testa Councilman, Edwin O'Donnell Councilman, John Pilato Town Clerk, Pauline Parker Councilman, Ronal Rocco Others present were: Town Attorney, John Folmer; Highway Supt, Carl Bush; Attorney, Kevin Bernstein and Richard Schutz of Suit-Kote Corp.; Town resident, Gerald Treacy and Flews Reporter, Angela Leddy. Supervisor Thorpe called the meeting to order. Councilman O'Donnell made a motion, seconded by Councilman Pilato, to approve the Town Board Minutes of .January 20, 1999, as written. All voting aye, the motion was carried. Councilman Pilato made a motion, seconded by Councilman Testa, to receive and file the Planning Board Minutes of January 26, 1999. All voting aye, the motion was carried. Councilman Testa made a motion, seconded by Councilman O'Donnell, to receive and file the Zoning Board of Appeals Minutes of January 26, 1999. All voting aye, the motion was carried. RESOLUTION #48 AUTHORIZE PAYMENT OF VOUCHERS MARCH Motion by Councilman O'Donnell 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 #77 - 100 $ 5,375.77 General Fund B 17 - 19 $ 4,491.65 Highway Fund DB 73 - 102 $23,944.81 Water Fund 39 - 45 $ 882.67 Sewer Fund. 27 - 29 $ 169.79 Supervisor Thorpe offered privilege of the floor to those in attendance. Supervisor Thorpe, as a point of interest, read an article relating to the Town of Wells concerning requests for an animal control law. In their area, howling coyote's cause dogs to bark, which are disturbing the peace, according to some. They unanimously voted, so reported, to table this matter. Fortunately, no action was taken by this board. Monthly reports of the Supervisor for the months of January and February 1999, the Town Clerk, the Tax Collector and the SPCA for the month of February 1999, are on the table for review and filed in the Town Clerk's office. Attorney Folmer informed the Board that he has a. Local Law prepared, as directed, relating to Suit -Kate and reviewed the status and following procedures. 1 1 1 MARCH 03, 1999 TOWN BOARD MEETING PAGE 2 RESOLI.ITION #49 AUTHORIZE ADDING OF INFORMATION RECEIVED FROM SANDY PANZANELLA, DATED MARCH 1, 1999, TO THE RECORDS OF SUIT-KOTE CORP.'S PUBLIC HEARING FILES OF FEBRUARY 17. 1999 Motion by Councilman Testa Seconded by Councilman O'Donnell MOTES: ALL AYE ADOPTED iHEREAS, additional information was received from Sandy Panzanella of Yellow Lantern Campground, referring to environmental impact of asphalt plants, therefore BE IT RESOLVED, the Town Board does hereby authorize, by consent, the inclusion of Sandy Panzanella's letter, dated March 1, 1999, and information to the Suit -Kate Public Hearing files of February 17, 1999, and such shall be received and filed. RESOLUTION #50 ADOPT LOCAL LAW #2 of 1999 AUTHORIZING A ZONE CHANGE AT LORINGS CROSSING OF PROPERTY OWNED BY SUIT -DOTE CORP. AND AMENDING THE TOWN'S ZONING LAW Motion by Councilman O'Donnell Seconded by Councilman Pilato NOTES: ALL AYE ADOPTED WHEREAS, an application has been made by Suit -Kate Corp. requesting that the Town Board of the Town of Cortlandville re- classify lands identified as taz map numbers 77.00-01-22.000, 77.00-01-44.1, and 77.00-04-11.11 classification to an Industrial from their classification; present Business and WHEREAS, said application has been referred to the Cortland County Planning Board and the Town of Cortlandville Planning Board; and WHEREAS, recommendations have been received by the Town Board from both Planning Boards to whom this matter was referred; and WHEREAS, the Town Board, in its capacity as Lead Agency, has conducted an environmental review pursuant to the requirements of SEQRA and has issued its negative declaration, identifying environmental impacts and mitigating factors, incorporating into such review comments, suggestions, and revisions of counsel for the applicant and for those who spoke in opposition to said application; and WHEREAS, a public hearing with reference to said application was conducted by the Town Board an the 17th day of February, 1999 at which time proponents of said application and those in opposition thereto were afforded the opportunity to be heard; and WHEREAS, subsequent to said public hearing, the Town Board duly considered the information developed at said public hearing together with the recommendations of the Planning Boards hereinbefore referred to, NOW, THEREFORE, on motion of Councilman O'Donnell, seconded by Councilman Pilato and duly adopted by the majority vote of the Board having considered the following factors: 1. The historical zoning of the premises in question 2. The character of the neighborhood in which said premises are located 3. The comprehensive planning for development of the Town as a whole 4. The economic impact of the proposed amendment on the community 38 MARCH 03, 1999 TOWN BOARD MEETING PAGE 3 5. The effect of limiting conditions placed upon the granting of a site review by the Town of Cortlandville Planning Board 6. The suggestions regarding zoning of Route 13 northerly made by the ad hoc committee formed at the request of the Town Board to examine certain aspects of zoning within the Town 7. The record established at the aforesaid Public Hearing, including Memoranda of Counsel IT IS RESOLVED, that the Zoning Law of the Town of Cortlandville as previously enacted and amended is hereby amended as follows: Tax Map Parcels 77.00-01-22.000 and 77.00-01-44.1 are re- classified from a Business classification to an Industrial classification; and it is further RESOLVED, that with the exception of: ALL THAT TRACT OR PARCEL OF LAND situate in the Town of Cortlandville, County of Cortland, and State of New York, being a part of Lot 56 in said town, being bounded and described as follows: at a point in the centerline of New York State Route 13 in said Town of Cortlandville, said point being located south along said centerline a distance of 1028 feet from the intersection of said centerline with the centerline of Loring Crossing Road, running thence S 51 19'E a distance of 349.80 feet to a point marked by an iron pin set in the ground, running thence S 34 09'W a distance of 99.26 feet to a point in a northerly line of lands of Statewide Country Music Association, Inc.; running thence N 71 56'W a distance of 76.55 feet along said northerly line of Statewide Country Music Association, Inc., a. distance of 76.55 feet to a point marked by an iron pin set in the ground, running thence S 23 22'W a distance of 90.97 feet to a point marked by an iron pin set in the ground, running thence N 81 31'W a distance of 374.46 feet to a point in the centerline of New York State Route 13; running thence N 43 05'E along said centerline a. distance of 259.11 feet to a point; running thence N 36 12'E along said centerline a distance of 143.77 feet to the point or place of beginning and containing 2.26 acres of land be the same more or less, Tax Map Parcel Number 77.00-04-11.11 is re-classified from a Business classification to an Industrial classification, and it is further RESOLVED, that this Local Law shall take effect upon filing with the Secretary of State of the State of New York as required by law. RESOLUTION #51 APPROVE AQUIFER PROTECTION PERMIT #12 OF 1998 FOR SUIT -DOTE CORP FOR THREE PARCELS AT THEIR LORING CROSSING LOCATION Motion by Councilman Testa Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED WHEREAS, the Cortland County Planning Board and the Town Planning Board have reviewed and recommended approval of this Aquifer Permit application subject to conditions, and WHEREAS, a Public Hearing was duly held by this Town Board, and WHEREAS, the Town Board as Lead Agency has declared a negative impact, as required by S'EQRA, per Resolution #43 of February 17, 1999, therefore BE IT RESOLVED, the Town Board does hereby approve Aquifer Permit #12 of 1998, submitted by Suit -Kate Corp., for modernization and MARCH 03, 1999 TON BOARD MEETING PAGE 4 expansion of their facilities on three parcels 77.00-01-22.000. 77.00-01-44.1, and 77.00-04-11.11 at their Lorings Crossing location, subject to the conditions set by the Town and County Planning Boards, and further RESOLVED, the Supervisor is hereby authorized and directed to sign the permit. ■ RESOLUTION #52 ACKNOWLEDGE NOTIFICATION FROM THE STATE FOR FILING OF LOCAL LAW NO. 1OF199a Motion by Councilman O'Donnell Seconded by Councilman Pilato VOTES: ALL AYE ADOPTED BE IT RESOLVED, NYS Dept. of State acknowledged receipt. of Local Lava No. 1 of 1999, to be effective on February 16, 1999, TikThich provided for a Zone Change on Luker Road for property owner Richard Harris. RESOLUTION #53 ACKNOWLEDGE INFORMATION RECEIVED FROM SMITH CORONA CORPORATION FOR A PAYMENT IN LIEU OF TAX AGREEMENT RELATING TO PREMISES LOCATED AT 842 BENNIE ROAD BETWEEN THEM AND THE CORTLAND COUNTY INDUSTRIAL DEVELOPMENT AGENCY Motion by Councilman O'Donnell Seconded by Councilman Pilato VOTES: ALL AYE ADOPTED BE IT RESOLVED, the a copy of the Real Town Board does hereby acknowledge receipt of Property Tax Exemption Form RP 412-a and a. fully executed Payment in Lieu of Tax Agreement between Cortland County Industrial Development Agency and Smith Corona Corp, for premises located at 842 Bennie Road, and further RESOLVED, the information shall be received and filed. Attorney Folmer reported: He has been in communication Tfrith Bond Council in New York and should have information for the next meeting regarding the new Route 13 Water Distribution System Improvement Project. He utiTi l l be out of twiiTn from March 24th to April 13th . Retirement System: He discussed the old retirement plan and explained the new revised plan, proposed by the State for those eligible in Tier one and Tier two, at no cost to the ToTxn. RESOLUTION #54 ADOPT RESOLUTION AND FORWARD TO THE NYS RETIREMENT SYSTEM PRO;,SIDING ADDITIONAL BENEFITS TO TOWN EMPLOYEES ENROLLED IN TIER 1 AND TIER 2 Motion by Councilman Testa Seconded by Councilman Pilato VOTES: ALL AYE ADOPTED BE IT RESOLVED, that the Town Board of the Town of Cortlandville does hereby elect to provide the additional pension benefits of Section 75-e, Section 75-g and Section 75-I of the Retirement and Social Security LaTx, as presently or hereafter amended, and further RESOLVED, that the effective date of such election shall be the 9th, day of March, 1999. 40 MARCH 03, 1999 TOWN BOARD MEETING PAGE 5 RESOLUTION #55 AUTHORIZE HIRING KAREN GRANITO AS TEMPORARY CLERK IN THE ASSESSOR'S OFFICE Motion by Councilman Testa Seconded by Councilman Pilato MOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby authorize the hiring of Karen Granite, 3281 Walden Oaks Blvd, Cortland, NY, as temporary clerk for the Assessor's Office, to assist in processing STAR applications, for approximately twenty hours a week, for four *creeks, and further RESOLVED, she shall be paid $10.00 per hour, by voucher, subject to audit by the Town Board. Councilman Pilato made a motion, seconded by Councilman Testa, to receive and file a letter dated February 25, 1999 to Trevor Bilodeau from Councilman O'Donnell. All voting aye, the motion was carried. The letter was confirming the Community Building in McGra� 5, 1999 at 7:00 p.m. this Board's request for use of for a Town Board Meeting on May Councilman Testa made a motion, seconded by Councilman Pilato, to receive and file a letter dated February 25, 1999 to Rev. Terry Majors from Councilman O'Donnell. All voting aye, the motion was carried. The letter was confirming this Board's request for use of the Blodgett Mill Independent Baptist Church meeting room for a Town Board Meeting on June 2, 1999 at 7:00 p.m. RESOLUTION #56 AUTHORIZE TOWN ENGINEER TO PROCEED WITH NEW WATER DISTRIBUTION SYSTEM IMPROVEMENTS ALONG NYS ROUTE 13 Motion by Councilman Testa Seconder_ by Councilman Pilato VOTES: ALL AYE ADOPTED WHEREAS, the Town Engineer has recommended replacing the old water main located under NYS Route 13 with a new main, and WHEREAS, the Town Engineer, Ha.yne Smith, has filed with the Town Clerk, maps, plans and a report concerning the reconstruction of an improved water distribution system along NYS Route 13, therefore BE IT RESOLVED, the Town Board does hereby authorize the Town Engineer to proceed with the new Water Distribution System Improvements along NYS Route 13. Attorney Folmer advised the Board of the need to schedule a Public Hearing for the Amanda Shaw/Barry Latta (Seneca Automatic Door Inc.) Aquifer Protection Permit request. RESOLUTION #57 SCHEDULE A PUBLIC HEAPING FOR Aid AQUIFER PROTECTION PERMIT SUBMITTED BY AMANDA SHAW/ BARRY LATTA SR. (SENECA AUTOMATIC DOOR, INC) ON MARCH 17 1999 Motion by Councilman Testa Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED, a Public Hearing shall be scheduled for March 17, 1999 at 5:00 p.m. for an Aquifer Protection Permit request .submitted by Amanda Shaw/Barry Latta (Seneca Automatic Door Co.) on Luker Road, owner J . Richard Harris. 1 1 1 14ARCH 03, 1999 TCV-TN BOARD MEETING PAGE 6 .41 Supervisor Thorpe apprised the Board of a request received from Pauline Pettit and Robert Glazier concerning financial aid for the Blodgett Mills Cemeten He is waiting for more information, but believes, due to this being a private cemetery, the Hoard will be unable to spend public funds. A discussion was held concerning this whereby Attorney Folmer confirmed that NYS Law states that public funds cannot be used for this type of request. The Town Clerk suggested contacting County Historian, Yvonne Deligato, and ask her to research grants that may be available. She also agreed to contact Andy Palm of the Cortland Rural Cemetery and ask for recommendations concerning this. Councilman Pilato made a. motion, seconded by Councilman Testa, to recess the Regular Meeting to an Executive Session to discuss a personnel matter. All ;,noting aye, the motion was carried. The following information was received from the Supervisor's office. Councilman O'Donnell made a motion, seconded by Councilman Pilato, to adjourn the Executive Session and reconvene to the Regular Meeting. All voting aye, the motion was carried. No action was taken. Councilman Pilato made a. motion, seconded by Councilman Testa, to adjourn the regular meeting. All voting aye, the motion was carried. The meeting was adjourned at 7:02 p.m. Resp ctfu y submi ted, auline H. Parker, MC Town Clerk Town of Cortlandville 1