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Home My WebLink About04-05-2000?34 APRIL 05, 2000 7:00 P.M. PUBLIC HEARING AQUIFER PROTECTION PERMIT WHELAN & CURRY CONSTRUCTION SERVICES TAX MAP #86.13-01-49.000 A Public Hearing was held by the Town Board of the Town of Cortlandville at the Town Hall, 3577 Terrace Road, Cortland, New York, concerning an Aquifer Protection Permit, permitting the demolition of an existing 1800± square foot service station and fuel island canopy and the construction of a new 2732± square foot convenience store and new canopy, reusing existing underground fuel tanks and in the future constructing a car wash drive through located at the southeasterly corner of Routes 281 and 222. 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; County Legislature, Marian Meiczinger; Planning Board member, Nick Renzi, Roger Whelan of Whelan & Curry Construction Services; John Conway and Greg Dende of Borg Warner; town residents: Steve Hartley, Don & Sheila Williams, Tom & Jean Ardis, Robert & Katherine Waddy, Jackie Meyers, and LeRoy Henry; and News Reporter, Chris Nolan. Supervisor Thorpe called the Public Hearing to order. The Town Clerk read aloud the Legal Notice, as published, posted and filed. Supervisor Thorpe offered privilege of the floor to those in attendance. Roger Whelan of Whelan & Cum, Construction Services displayed the site plan for the proposed gas station on the southeasterly corner of Routes 281 and 222. Mr. Whelan explained the NYS DOT requested the two entrances nearest the intersection be closed. They were to have four entrances and now will have two. Mr. Whelan explained the existing fuel tanks would not be reused as previously noted. Whelan & Curry will be replacing the existing tanks with state of the art fuel tanks. Supervisor Thorpe inquired into disposal of wash water for the proposed car wash. Mr. Whelan explained the development of the car wash is pending subject to negotiations with adjacent property owners to tie into the town sewer system. The parcel for the proposed gas station is currently using a septic system. Supervisor Thorpe questioned the reusing of underground storage tanks. He stated in other areas underground fuel tanks have been known to leak into the water supply. The town of C.ortlandville has a good water supply. Supervisor Thorpe does not want to see ►_underground tanks jeopardize the water supply. He was pleased to hear new state of the art tanks will be installed removing the existing underground fuel tanks. No further comments or discussions were heard. The Public Hearing was closed at. 7:10 p.m. 1 1 1 APRIL 05, 2000 7:10 P. M. 235 1 F LJ 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, Ronal Rocco Councilman, John Pilato Councilman, Edwin O'Donnell Town Clerk, Karen Q. Snyder Others present were: Town Attorney, John Folmer; Highway Sup't., Carl Bush; County Legislature, Marian Meiczinger; Planning Board member, Nick Renzi, Roger Whelan of Whelan & Curry Construction Services; John Conway and Greg Dende of Borg Warner; town residents: Steve Hartley, Don & Sheila Williams, Tom & Jean Ardis, Robert & Katherine Waddy, Jackie Meyers, and LeRoy Henry; and News Reporter, Chris Nolan. Supervisor Thorpe called the meeting to order following a Public Hearing for an Aquifer Protection Permit . Councilman O'Donnell made a motion, seconded by Councilman Testa, to approve the Town Board Minutes of February 16, 2000 as written. All voting aye, the motion was carried. RESOLUTION #75 AUTHORIZE PAYMENT OF VOUCHERS - APRIL 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 #178 - 216 $19,218.34 General Fund B 24 - 30 $ 9,205.62 Highway Fund DB 102 - 119 $ 9,768.79 Water Fund 90 - 107 $11,615.96 Sewer Fund 46 - 48 $ 652.66 Capital Projects 17 - 18 $ 820.95 Supervisor Thorpe offered privilege of the floor to representatives of Borg Warner Morse Corp. Greg Dende, structural engineer for Borg Warner Morse Corp. explained Borg Warner Morse's proposed project for the recently purchased NCC plant located on Luker Rd. The intended use is the production of gears and small machinery. Mr. Dende extended an invitation to the Town Board members to visit their operation. The equipment installed is brand new and state of the art. Mr. Dende explained the concerns with contractors and engineers including building a heavy foundation below the slab and into the aquifer. Mr. Dende inquired about the next step in the process. Attorney Folmer explained the application process. Commencing with an application to CEO, Bruce Weber. CEO Weber should be contacted in regards to timetables concerning the application. 236 APRIL 05, 2000 TOWN BOARD MEETING Arrival of Councilman Rocco. PAGE 2 John Conway of Borg Warner Morse stated they hope to be operational by June 2000. Mr. Conway spoke to CEO Weber concerning doing interior work before approval of the aquifer Protection Permit application. Mr. Conway inquired into the steps to begin work while waiting for approval of their application. Attorney Folmer stated the Town Board would not act. on any application until recommendations are received from the Town and County Planning Boards. After receiving this information the Town Board will schedule a Public Hearing. Borg Warner Morse needs to work with CEO Weber. CEO Weber will forward the application to the County Planning Board. If Borg Warner Morse begins interior construction work before approval of their- application they do so at their own risk. Planning Board member, Nick Renzi suggested an executive summary to expedite the application process. A summary would state what Borg Warner Morse is trying to accomplish. The entire packet could be looked at if more details are needed. 1r,Ir. Renzi inquired into the steps Borg Warner Morse will be taking regarding the containment of fluids from the factory. Mr. Conway explained a poured concrete tank with reinforcement for containment would be installed. The interior of the tank is also designed for containment. Ah-. Conway went on to explain their machines safety features shut down in case of a spill. They have had to follow all the same regulations at their Lansing location. Representatives from Borg Warner thanked the Board. They will proceed with CEO, Bruce Weber. Supervisor Thorpe offered privilege of the floor to Sheila Williams. Sheila Williams of 3700 Pendleton Street. Extension, inquired into the future plans for sewer lines to be installed in the Pendleton St. Ext. and Oakcrest Street area. Mrs. Williams stated the homes in the area have older septic systems that are in need of replacing. Supervisor Thorpe explained there is a sewer construction plan lay out. The Pendleton Street - Oakcrest area is scheduled for the year 2004. There are approximately twenty houses in this area. Supervisor Thorpe explained the town is unable to install sewer lines everywhere in the town due to the debt itwould cost. Councilman Testa explained Crestwood Court, Highland Road, Collegeview Drive and Finney Gulf area are next to receive the sewer system. This is a very large project. There are more homes in that area making recovery of money quicker. Councilman Rocco stated the town tries to bring water first to areas where there's a potential for- pollution. Supervisor Thorpe react the list of streets and dates planned for sewer installation. Robert Waddy of 3683 Pendleton Street Extension, stated some older homes have only cesspools. A discussion was held concerning ways to connect the Pendleton area to the town's sewer system. Supervisor Thorpe stated the Board is not dismissing their request. It was decided to speak with Town Engineer, Hayne Smith, for an estimate and reevaluation of the order of priority of sewer line installation. The residents of the Pendleton Street-Oakcrest area will be informed of Town Engineer Smith's investigation. The Board members thanked those in attendance for bringing this situation to their attention. They are unaware of problems until the residents inform them of such. Monthly reports for the Supervisor, Town Clerk, Tax Collector, and SPCA for March 2000, are on the table for review and filed in the Town Clerk's office. 1 1 1 237 APRIL 05, 2000 TOWN BOARD MEETING PAGE 3 RESOLUTION #76 DECLARE NEGATIVE IMPACT FOR AQUIFER PROTECTION PERMIT #1 OF 2000 - WHELAN & CURRY CONSTRUCTION SERVICES FOR PROPERTY LOCATED AT THE CORNER OF NYS ROUTES 222 & 281 Motion by Councilman Rocco Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED WHEREAS, an Aquifer Protection Permit application was submitted by Whelan & Curry Construction Services, Inc. for properly owned by LDD Corp, permitting the demolition of an existing 1800± square foot service station and fuel island canopy and the construction of a new 2732± square foot convenience store and new canopy, replacing existing underground fuel tanks at, the corner of NYS Routes 222 & 281, and in the future constructuig a car wash drive through, tax map #86. 13-0 1-49.000 and WHEREAS, the Town Board as Lead Agent, duly reviewed and completed the Short Environmental Assessment Form, therefore BE IT RESOLVED, the Town Board, as Lead Agent, does hereby declare the proposed project of Whelan & Curry Construction Services, Inc. Aquifer Protection Permit #1 of 2000, shall have no significant environmental impact. RESOLUTION #77 AUTHORIZE SUPERVISOR TO SIGN SEQRA APPLICATION OF AQUIFER PROTECTION P .RMIT #1 OF 2000 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 #1 of 2000, submitted by Whelan & Curry Construction Services, Inc. RESOLUTION #78 APPROVE. AQUIFER PROTECTION PERMIT #1 OF 2000 FOR WHELAN & CURRY CONSTRUCTION SERVICES PROPERTIES, INC. FOR PROPERTY LOCATED AT THE CORNER OF NYS ROUTES 222 &281 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, 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 #1 of 2000, submitted by Whelan & Curry Construction for property owned by LDD Corp, permitting the demolition of an existing 1800± square foot service station and fuel island canopy and the construction of a new 2732± square foot convenience store and new canopy, replacing existing underground fuel tanks at the corner of NYS Routes 222 & 281, and in the future constructing a car wash drive through, tax map #86.13-01-49.000, subject to the conditions recommended by the Cortland County Planning Department and Board, and it is further RESOLVED, the Supervisor is hereby authorized and directed to sign the permit. 2�8 APRIL 05, 2000 TOWN BOARD MEETING PAGE 4 Supervisor Thorpe read aloud violation letters written to John Casey, Jack Towers and Peter Beaudry from CEO, Bruce Weber. Councilman Testa stated he went to Mr. Towers property at 3586 Route 215. There are four cars and several pieces of junk that have been there for approximately a year. Attorney Folmer explained the procedure for enforcing the town ordinance regarding zoning violations. RESOLUTION #79 REFER THREE CODE VIOLATIONS TO TOWN ATTORNEY FOR REVIEW AND PROCEED AS REQUIRED Motion by Councilman Testa Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED BE IT RESOLVED, the code violations as follows are hereby referred to the Town Attorney for review and direct him to proceed with compliance, as required: 1) John Casey Route 81 76.00-03-01.000 2) Jack Towers 3586 Route 215 96.00-07-02.000 3) Peter T. Beaudry II 4300 Route t 1 76.19-01-47.200 Jackie Meyers of 3597 Route 215, thanked the Board for proceeding with enforcing Mr. Tower's zoning violation. Mrs. Meyers stated Mr. Tower is towing cars to his properly and operating an automobile repair shop. She stated a number- of neighbors are upset with the condition of Mr. Tower's property. Attorney Folmer stated he would forward a copy of his letter to Mr. Tower to Mrs. Meyers so she may inform her neighbors. County Legislator, Marion Meiczinger stated she visited the Tower's property and also spoke with CEO Bruce Weber concerning the said zoning violations. Councilman Rocco, made a motion, seconded by Councilman O'Donnell, to receive and file notification from Bruench Inc., advising of their intent to renew their liquor license at Doug's Fish Fry, 206 West Road, Cortland, New York. All voting aye, the motion was carried. RESOLUTION #80 ACKNOWLEDGE NOTIFICATION FROM THE STATE FOR FILING OF LOCAL LAW NO. 1 OF 2000 Motion by Councilman Rocco Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, NYS Dept. of State acknowledged receipt of Local Law No. 1 of 2000-Lockboxes, effective as of March 13, 2000. Councilman O'Donnell, made a motion seconded by Councilman Testa, to receive and file acknowledgement from NYS DOT regarding the town's speed limit reduction request on Blue Creek Road. All voting aye, the motion was carried. The NYS DOT determined that a reduced speed limit reduction on Blue Creek Road is not appropriate at this time. Councilman Test requested a copy of the NYS DOT's letter be forwarded to Angelo Maniccia, a resident in the Blue Creek Road area. 1 1 1 APRIL 05, 2000 TOWN BOARD MEETING PAGE 5 233 Attorney Folmer reported: Transfer of funds for Tub Grinder and Route 13 sewer repairs: Attorney Folmer stated per Resolution #71 and #72 of 2000, the Board authorized the transfer of funds to pay for the town's share of the tub grinder and Route 13 sewer repairs, subject to permissive referendum. That time period has expired. Town Clerk, Karen Snyder will file a certificate that no petitions have been filed against the transfer of funds. This process now allows the bookkeeper to transfer the funds. All bookkeeping entries are now taken care of. Bonds: Attorney Folmer requested if a bonding situation is required, please inform him as soon as possible as the bonding process takes time to accomplish. Attorney Folmer requested an item of litigation be added to the executive session. RESOLUTION #81 ACKNOWLEDGE AUDIT REPORT FROM THE NYS COMPTROLLER FOR THE PERIOD OF JANUARY O1, 1998 - SEPTEMBER 08, 1999 Motion by Councilman Rocco Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, the audit report from the NYS Comptroller Office for the period of January 01, 1998 - September 08, 1999 is hereby acknowledged and shall be received and filed. Supervisor Thorpe stated there were no irregularities with the audit. The auditors have asked for a formal written purchasing policy to be submitted within ninety days. Supervisor Thorpe has asked for a sample from other municipalities and will then proceed. Councilman Pilato made a motion, seconded by Councilman O'Donnell, to receive and file comments from the Cortland County Soil & Water Conservation District regarding Whelan & Curry Construction Service for their NYS Routes 222 & 281 location. All voting aye, the motion was carried. Councilman Rocco made a motion, seconded by Councilman Pilato, to receive and file comments from the Cortland County Coordinated Review Committee regarding the Aquifer Protection Permit application of Whelan & Curry Construction Service for"their NYS Route 13 & Lime Hollow Road location. All voting aye, the motion was carried. Councilman Pilato made a motion, seconded by Councilman Rocco, to receive and file recommendations from the Cortland County Planning Board regarding the Aquifer Protection Permit application of the First Baptist Church of Homer located at NYS Route 281 & Fisher Ave. All voting aye, the motion was carried. Councilman Rocco made a motion, seconded by Councilman Testa, to receive and file recommendations from the Cortland County Planning Board regarding the Aquifer Protection Permit application of Whelan & Curry Construction Service for the NYS Route 13 & Lime Hollow Road location. All voting aye, the motion was carried. Councilman Rocco made a motion, seconded by Councilman Testa, to receive and file correspondence from Charlotte Angell regarding the Aquifer Protection Permit application of Whelan & Curry Construction Service for the NYS Route 13 & Lime Hollow Road location. All voting aye, the motion was carried. 240 APRIL 05, 2000 TOWN BOARD MEETING PAGE 6 Attorney Folmer commented at the time of the Public Hearing for Whelan & Curry Construction Services for their NYS Route 13 and Lime Hollow location, all correspondence received and filed in advance should become part of the record for that hearing. Subdivisions: Attorney Folmer explained under the present ordinance a one -lot subdivision needs to come before the Planning Board to be approved and a Public Hearing is required. Several years ago the Cortlandville Planning Board recommended to the Town Board to approve amendments to the town's subdivision requirements. The Planning Board requested they should be given the discretion to decide if a Public Hearing should take place only on a subdivision request of three to five lots. The amendment was never acted upon. Attorney Folmer suggested a Public Hearing be scheduled to amend the subdivision requirements on the second Town Board meeting in May. RESOLUTION #82 SCHEDULE A PUBLIC HEARING TO AMEND SUBDIVISION REGULATIONS Motion by Councilman Rocco J Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE. IT RESOLVED, a Public Hearing shall be scheduled for May 17, 2000 at 5:00 p.m. to annend subdivision regulations relating to the Planning Board's discretion to hold public hearings. Councilman Rocco made a motion, seconded by Councilman Pilato, to receive and file correspondence from Cortland County Health Department regarding the regarding fluoridation of municipal water systems. All voting aye, the motion was carried. Councilman Rocco made a motion, seconded by Councilman Pilato, to receive and file correspondence from NYS Board of Real Property Service regarding the Final State equalization rate for the town. All voting aye, the motion was carried. RESOLUTION #83 AUTHORIZE CEO, BRUCE WEBER TO ATTEND PLA1`TNING & ZONING CONFERENCE ON Motion by Councilman Rocco Seconded by Councilman Pilato VOTES: ALL AYE ADOPTED BE IT Resolved, CEO, Bruce Weber is hereby authorize to attend the Planning and Zoning Conference to be held at Mount Morris, NY on May 12, 2000. RESOLUTION #84 REFER AQUIFER PROTECTION PERMIT APPLICATION OF BORG WARNER MORSE CORP. TO TOWN AND COUNTY PLANNING BOARDS Motion by Councilman Rocco Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Aquifer Protection Permit application submitted by Borg Warner Morse Corp. for property located at 3690 Luker Road, tax map #95.00-05-09.000, property currently owned by NCViTP, LLC, shall be referred to the Town and County Planning Boards for their review and recommendations, and further RESOLVED, the Town Board does hereby request consideration be given to the input from Cortland County Soil & Water Conservation Department if applicable. 1 �j 1 APRIL U5, 20UU 1 U W .N BUAK1) Alhh 1 EN U rAUr" i 241 1 1 1 Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and file correspondence from Janice Gallinger of Sleepy Hollow Road regarding problems with her driveway. All voting aye, the motion was carried. Councilman Rocco stated Mrs. Gallinger is a neighbor. He demonstrated the damage John Murdock had done to her driveway and lawn while installing water services running to a house next door to Mrs. Gallinger. Councilman Rocco explained the collapse of Mrs. Gallinger's driveway and the problems she experienced with Mr. Murdock. Attorney Folmer stated Legislature Gary Thomas spoke with him regarding this issue. Attorney Folmer will review this and be in touch with Legislature Thomas and Mrs. Gallinger. Supervisor Thorpe commented whenever a developer builds in the town all the utilities should be installed before a single house is built. Councilman Testa stated this is in the town codebook and needs to be enforced. Attorney Folmer stated the Planning Board could enforce this when they approve a subdivision plan. Councilman Rocco made a motion, seconded by Councilman Testa, to recess the Regular Meeting to an Executive Session to discuss a personnel matter and pending litigation. All voting aye, the motion was carried. The meeting was recessed at 8:10 p.m. The following information was received from the Supervisor's office. Councilman Testa made a motion, seconded by Councilman O'Donnell, to adjourn the Executive Session and reconvene to the Regular Meeting. All voting aye, the motion was carried. RESOLUTION #85 AUTHORIZE SUPERVISOR TO ISSUE WATER & SEWER BENEFIT TAX REFUND TO PALL TRINITY MICRO CORP. Motion by Councilman Pilato J Seconded by Councilman Testa VOTES: ALL AYE ADOPTED WHEREAS, Controller Mark Lockerby of Pall Trinity Micro Corp. submitted to the Town Board on January 28, 2000 a letter requesting the review of PTAM's water and sewer benefit tax charges on the 2000 Town & County tax bill, and WHEREAS, several meetings occurred between Town officials and PTM representatives to reexamine and reevaluate the benefit tax calculation as it pertains to industrial users, and WHEREAS, the parties involved have agreed that a reexamination of the method of calculating industrial use benefit tax is warranted and a refund is appropriate, therefore BE IT RESOLVED, the Supervisor of the Town of Cortlandville is hereby authorized and directed to issue a refund to PTM in the amounts of: $36,190.88 $86,158.47 and it is further 2000 water benefit tax charge 2000 sewer benefit tax charge town portion of tax penalty accrued from 211/2000 tax snap #95.12-01-07.000 tax maps #95.12-01-07.000 #95.00-05-13.000 tax maps #95.12-01-07.000 #95.00-03-13.000 RESOLVED, Town Assessor, David Briggs is hereby directed to reduce PTM sewer benefit tax units to include yearly consumption only commencing with the 2001 Town & County tax bill, and it is further 242 APRIL 05, 2000 TOWN BOARD MEETING PAGE 8 RESOLVED, the issuance of refunds directed above is to be made after the 2000 Town & County tax bills are paid in full, as issued. 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 9:00 p.m. Respectfully submitted, ta' Karen Q. Snyder Town Clerk Town of Cortlandville 1