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Home My WebLink About04-17-199152 Wednesday, April 17, 1991 5:O0 P.M. PUBLIC HEARING AQUIFER PERMIT - NIAGARA MOHAWK A Public Hearing was held by the Town Board of the Town of Cortlandvii1e on April 17, 1901 at 5:00 o'clocK p.m. at the Town Hai 1 , 15 Terrace Road, Cortland, New York, for an Aquifer Special Permit by Niagara Mohawk to construct a sub -station located on Starr Road in the Town of CorJ l andv i l l e. Members, Present: Deputy Supervisor, Edwin O'Donnell Councilman, Ronal Rocco Councilman, Theodore Testa Town Clerk, Pauline Parker Absent.: Supervisor, Melvin Pierce Councilman, Raymond Thorpe others present were: Attorney, Philip Rumsey; CEO, Bruce Weber; Highway superintendent, Carl Busk-; Town Engineer; Hayr.e Smith: Village of Homer's Mayor, Mary Alice Bellandini and with her Ginny Swarthout, Cortland Standard Newsr€:porter, Laura Jones; three individuals representing Niagara Mohawk and residents from, the Cosmos Hill Road area, Deputy Supervisor, Edwin O'Donnell called the Public Hearinc to order at 6 : 00 P.m. The Town C 1 e r k read aloud the legal notice, , as posted and filed. Deputy S"pe7v , sar O'Donnell offered the privilege of the floor to those in attendance. No comments OF questions were heard. A, motion was made by Councilman Rocco, seconded by Councilman Testa; to adjourn the Public Hearing. All voting aye, the motion was. carried. The Public Hearing was adjourned at. 5:02 p.m. 1 Wednesday, April 17, 1991 5:00 P.M. PUBLIC HEARING AQUIFER PERMIT - GEORGE HASKELL A Public Hearing was held at the Town Hall, 15 Terrace Road, Cortland, New 'York, on April 17, 1991 at 5:00 o'clock p.m. on an Aquifer Special Permit by George Haskell to construct a drive-in and on premises barbecue located at the intersections of Route 281 and Route 222 in the Town of Cortlandville. Members present: Deputy Supervisor, Edwin O'Donnell Councilman, Ronal Rocco Councilman, Theodore Testa Town Clerk, Pauline Parker Absent: Supervisor, Melvin Pierce Councilman, Raymond Thorpe others present were: Attorney, Philip Rumsey; CEO, Bruce Weber; Highway Superintendent, Carl Bush; Town Engineer, Hayne Smith; Cortland Standard Newsreporter, Laura Jones; Village of Homer's Mayor, Mary Alice Bellardini also with her Ginny Swarthout, three individuals representing Niagara Mohawk and residents from the Cosmos Hill Road area. The Public Hearing was called to order by Deputy Supervisor Edwin O'Donnell. The Town Clerk read aloud the legal notice, as posted and filed. Deputy Supervisor O'Donnell offered the privilege of the floor to those in attendance. No questions or comments were heard. Councilman Rocco made a motion, seconded by Councilman Testa, to adjourn the Public Hearing. All voting aye, the motion was carried. The Public Hearing was adjourned at 5:05 p.m. 1 61 1 1 1 Wednesday, April 17, -1991 5:00 P.M. TOWN BOARD MEETING The Regular Meeting of the Town Board of the ToU•rn of Cortlandvi1le was held at the Town Hall,, 15 Terrace Road, Cortland, New York, on April 17, 1991, at 5:OG p.m. wl th Deputy Supervisor, Edwin O'Donnell presiding. Members present: Deputy Supervisor, Edwin O'Donnell CounciImam;, Ronal Rocco Councilman, Theodore Testa Town Clerl;, Pauline Parker Absent: Supervisor, Melvin Pierce Councilman, Raymond Thorpe Others present were: Attorney, Philip Rumsey - --;EO, Bruce Weber; High Superintendent; Carl Bush; Town Engineer, Fayne Smith; Cortland Standard Newsreporter; Laura .ones; Village of Homer's Mayor; Mary Alice Bellardini, also with her was Ginnv Swarthout: and residents from the Cosmos Hill Road area. The meeti;-ig Maras called to order by Deputy Supervisor, Edwin O'Donnell, at 5:00 p.m., followed by the Pledge of Allegiance and two Public Hearings. RESOLUTION #76 AUTHORIZE PAYMENT OF VOUCHERS APRIL Mbtlon by Counci",man Rocco Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE iT RESOLVED, that the vouchers submitted have been audited and shall be ;.paid as follows: General Fund A Vouchers #130-149 $12,511.45 General Fund B 31-37 3.383.63 Highway Fund 115-1381 21,865.05 Water Fund 70-30 1 , 164.60 Sewer Fund 37-40 148.97 Capital Projects 23-33D 11,571.13 Deputy Supervisor Edwin O'Donnell offered privilege of the floor to Margo Spurrier, of the Cosmos Hill area. Ms. Spurrier discussed i,er opposition of the water storage tank proposed in the Blue Creed: Road area. .51he stated that the water storage tank wi l 1 be constructed approximately 80' from her back: lot and the house values in the neighborhood will devaluate. She had asked t1he Town Board to reconsider other alternatives for the proposed ,,later storage tank. Mayor Ma _y Alice Bellardini was given privilege of the floor- by Deputy Supervisor O'Donnell. She stated that, the Village of Homer is willing to negotiate with the Town Uf Cortl andvi l 1 e in regards to sharing a water storage tank. In the long run both municipalities would save a substantial amount of monies by sharing. Mayo- Bellardini stated that the Village of Homer at this time has a pro.jectior: date of 1992 for completion of a new water storage tank. She mealized that the Town of Cort 1 andv i l 1 e has i n-irrled i ate needs i r; placing a new water storage Lank, but asked if the Town Board would consider the Village of Home.r's request. 62 Wednesday, April 17, 1991 PAGE 2 Councilman Rocco stated the concern and need of an immediate water storage tans: for the Town in the area proposed for fire protection. He stated that due to the New York States mandates, sharing a water tank with the Village of Homer would not be feasible. Councilman Rocco made a motion, seconded by Councilman Testa, to receive and file a petition from the Cosmos Hill residents. All voting aye, the motion was carried. The petition was in regards to the opposition of the Blue Creek Water Storage Tank being placed on Cosmos Hill area. Councilman Testa made a motion, seconded by Councilman Rocco, to receive and file a letter from Mayor Mary Alice Bellardini. All voting aye, the motion was carried. The letter was in regards to the medical center located on Fisher Ave. The Board of Trustees of the Village of Homer, authorized the medical center to connect into the Village of Homer's sewer line. Councilman Rocco made a motion, seconded by Councilman Testa, to receive and file an invitation to the Horner Fire Department's installation dinner. All voting aye, -the motion was carried. RESOLUTION #77 DECLARE NEGATIVE DECLARATION -AQUIFER SPECIAL PERMIT - NIAGARA MOHAWK Motion by Councilman. Rocco Seconded by Councilman Testa VOTES: ALL AYE ADOPTED WHEREAS, Niagara Mohawk has submitted an application for an Aquifer Special Permit, and WHEREAS, a Public Hearing was duly held by the Town Board, and WHEREAS, the Town Board, as Lead Agency, for this project has reviewed the Short Environmental Assessment Form required by the State Environmental Quality Review Act, therefore BE IT RESOLVED, that the Town Board does hereby declare that the proposed project of Niagara Mohawk, will have no significant impact on the environment. RESOLUTION #78 AUTHORIZE SUPERVISOR TO SIGN AQUIFER SPECIAL PERMIT - NIAGARA MOHAWK Motion by Councilman Testa Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED RESOLVED, that the Town Board does hereby authorize approval of an application for an Aquifer Special Permit, submitted by Niagara Mohawk, therefore BE IT RESOLVED; that the Supervisor is hereby authorized to sign the application. 63 Wednesday, April 17, 1991 PAGE RESOLUTION 479 DECLARE NEGATIVE DECLARATION -AQUIFER SPECIAL PERMIT - GEORGE HASKELL __ Motion by Councilman Rocco Seconded by Councilman Testa VOTES: ALL AYE ADOPTED WHEREAS, George Haskell has submitted an application for an Aquifer Special Permit, and WHEREAS, a Public Hearing was duly held by this Town Board, and WHEREAS, the Town Board, as Lead Agency, for this project has reviewed the Full Environmental Assessment Form required by the Sate Environmental Quality .Act, therefore BE IT RESOLVED, that the Town Board does hereby declare that the proposed project of George Haskell, will have no significant impact on the environment. RESOLUTION 480 AUTHORIZE APPROVAL FOR AQUIFER SPECIAL PERMIT - G'=URGE HASKELL_ Motion by Councilman Rocco Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, that the Town Board does hereby authorize approval of an application for an Aquifer Special Permit, submitted by George Haskell. RESOLUTION 481 DECLARE NEGATIVE DECLARATION -,AQUIFER SPECIAL PERMIT -GRACE BAPTIST CHURCH Motion by Councilman Rocco Seconded by Councilman Testa VOTES: ALL ,AYE ADOPTED WHEREAS, the Grace Baptist Church has submitted an application for an Aquifer Special Permit, and WHEREAS, a Public Hearing was duly held by this Town Board, and WHEREAS, the Town Board has reviewed the Short Environmental Assessment Form required by the State Environmental Quality Review Act, therefore BE IT RESOLVED, that the Town Board does hereby declare that the proposed project for Grace Baptist Church; will have no significant impact on the environment. RESOLUTION #82 AUTHORIZE SUPERVISOR TO SIGN AQUIFER SPECIAL PERMIT -GRACE BAPTIST CHURCH Motion by Councilman Rocco Seconded by Councilman Testa VOTES: ALL AYE ADOPTED RESOLVED, that the Town Board does hereby authorize approval of an application for an Aquifer Special Permit, submitted by Grace Baptist Church, therefore BE IT RESOLVED, that the Supervisor is hereby authorized to sign the application. 64 Wednesday, April 17, 1991 PAGE 4 RESOLUTION #83 AUTHORIZE TOWN CLERK TO WAIVE PERMIT FEE - DICK CROZIER Motion by Councilman Testa Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED WHEREAS, the Veterans are proposing a parade on July 6 1991, for those who have returned from the Persian Gulf, and WHEREAS, this activity would also include a fireworks display at the Cortland County Fairgrounds, and WHEREAS, a permit is required for these activities, and WHEREAS, the fee for this permit is $5.00, and RESOLVED, Richard Crozier, resident of the Town of Cortlandville, is requesting for the Veterans that the fee be waived, therefore BE IT RESOLVED, the Town Board hereby authorizes the Town Clerk to waive the $5.00 permit fee for the Veterans who are proposing a parade and fireworks for those wi-io have returned from the Persian Gulf. A motion was made by Councilman Testa, seconded by Councilman Rocco, to receive and file a letter from David Yaman. All voting aye, the motion was carried. The letter was in regards to the street lighting. RESOLUTION #84 AUTHORIZE THE APPROVAL OF THE HIRING DEPUTY TOWN CLERK - PATRICIA O'MARA Motion by Councilman Rocco Seconded by Councilman Testa VOTES: ALL AYE ADOPTED WHEREAS, there is a vacancy in the Town Clerk's office, and WHEREAS, an application has been submitted by Patricia O'Mara of Katie Lane in the Town of Cortlandville, therefore BE IT RESOLVED, the Town Board hereby authorizes the Town Clerk to hire Patricia O'Mara as a full time Deputy Town Clerk. RESOLUTION #85 AUTHORIZE THE MCGRAW CENTRAL SCHOOL DISTRICT TO USE THE VOTING MACHINES Motion By Councilman Rocco Seconded by Councilman Testa VOTES: ALL AYE ADOPTED WHEREAS, a request has been received from the McGraw Central School District, asking permission to use the Town of Cortlandville's voting machines for their annual school budget election on Wednesday, May 8, 1991. A motion was made by Councilman Rocco, seconded by Councilman Testa, to receive and file a petition submitted by Margo Spurrier of Cosmos Hill. All voting aye the motion was carried. The petition was in regards to the Blue Creek Water Storage Tank signed by Cosmos Hill residents. W e dn e s d a y . A 1-) r i -;, 1 71 - 19 2 1 PAGE I)' A mot -in was i-ilac, . e by Count j1man, I-esta, seconded by fjle a letter fror'l TDwn Councjlmall to receive and .:D I- e S U D e -1-4S%I I in P-Ierc��. Al vc,'"Ing aye the motio:i v, a s carried. The le', -.ter --v!as l;-i regardU to the Blue Creak. at. er .Stor—ge Tat;i `caled of-,- of '-he Blue Creek Road L a ri d Co s r t�,) H are a RESC)LUTIOIK r to ;_)ECLAFIE NEGATIVE DF:CLARATION-AQU_`=ER C E 0 T t., L_PER�,JT-BLUE CREr'K WATEFI, TANIK ._,, Mot-ior, by Councilman Rocco Seconded by Counci-Iman Testa A ! 7 V , J S j L . L AYE ADOPTED WHEREAS. the Fo.,in of (--ort-I ardv-,l I I e i--, as s u b m -1 r. tu a -i app-11ce.t.'on tor ar Aquifer Special Permit, for a wat�.r c'toraq _e ta.nk, to b,cated over the Aqulfcr, and WHEREAS; a Pul-,lic Hea;--Irq was duly field by the Town Board, and WHEREAS, t- h e, Tov" i Scard has revs- ;NeC' t h e S i -: o F t F n v - r or) r-,. e r, t a': Assessmert Form required bv the State E n v i o n m P, n `- a 1 Quality R 9 v i e t,: Act; therefore BE IT RESOLVED, tlha-,� the Town Board does hereby dec'! a.; e that ' at the Pro ' u'^sed . P j e c t for FA water storage a r,.! < Biue Creek R-ad, ,ej-:1l have no sion-Ificant -impact c---,-,, v-ie env i r o n r:ion"'„ H C R T Z A T 10 N T G -I C 4 N L �A W S E C. T 1 u !Y R E S 0 L U11 T i ON' 't;` P AU I IJ 2_09-q 3 c) BLUE CREEK ROAM WA -.'-ER- STORAGE ,,+o-�- ion by Gol_inci iman Rocco i I Seconded by Councilman Testa Val T E 8 ALL. AYE ADOPTED WHF-REAS, them was f-i1ec' in the Office of the Town Cler" of the Tovin ,-'T'- le, Cortiand County,, Nev! general; plans relating to the construction of a second Town of Cortlandvi"Oe public water s t c) r a g e, tank o r, a, p p r o x ir-, a t,- -j 7 -,t acres of _land near Blue Creek Road, Town, 0 -W art, -1 a rid v e and designated "Blue C-Gek Ro!= d Water )-Icirage 'rank-, 0c,,st-uct-ior, as required by �ect,lon 209-q i'2,1 and 2o(-7-c of the Town Law, a n d a s h,,-) r t 1--n v i r o n m e!--, t a I b, s s e s s ri) e r. t Form pursuant to the State EnvIronmer'.-la; R ev I e k,%, Act, a nici a r e. av a -a puIJI,`!c insPec-Cion, and WHEREAS, an !_-i[_-14er was du'iy adopted by .she I wn Scl'ard on Pear ch 20 9 1 reci t g the filing of said general the 1 :� -n) r ov- e, and the estimated plans, . rie n t s proposed, expense thereof and s pec 4, f v ing April 21 , 19 9 i a 7 0 o'clock c . vfi . as t 1 rid the sai t 'ri e he 7.1me a d Town Hall sa-,d Town o -F i'_ ci r t I a nci v -i as t h. e place where the sal Board wou].J meet o tonal d e r t, h e d o cu m,-- ri t s f i ] E; d a--3 d -IFo r e, s a I d, and tt, hear a-! 1 persons interested in the su!Dject- t.he-ri-�of, concernin3 the same, and WHEREAS, suc Order via,.-, du -I y posted. and pub 1, 1 she.d as reqUired by 'iaw, and WHEREAS, a h,_, a r i I ri g "in the matter was duly held �,y the Board or. Ir."he ""2'rd, clay of Apr -1 1 , 19 91 comm er.c i rig at 7 : _3jC p.m. al- the -own H al 1 1'r, said Town and upor ti-,e ma*--,re.r hav2:ng been had and al'! persons desir-irg to be h e, a 0 h a v 41 ri g -) Peen d,_i I y heard 1 ni c I u d 1 r a --n e m, b :- r .3 CT the Board ari various oLrie pie-r,,:;ons, and 66 Wednesday, April 17, 1991 PAGE 6 NOW, upon the evidence given upon such hearing and upon the motion of Ronal L. Rocco, Councilman, seconded by Theodore Testa, Councilman, and unanimously passed, it is RESOLVED AND DETERMINED, that the plans heretofore filed with the Town Clerk of the Town of Cortlandville are in compliance with Section 209-c of the Town Law of the State of New York and are otherwise sufficient, and that to establish the aforesaid water tank construction is in the public interest, and it is further RESOLVED AND DETERMINED, all costs, including the principal and interest Oil said bonds or other obligations authorized to be issued shall be borne by the lands benefited by such improvement and such costs shall be assessed, levied and collected from the several lots or parcels of land within said Town of Cortlandville in just proportion to the amount of benefit which the i mprovement shall confer upon such lots or parcels; it is further hereby determined that all lots or parcels in the Town of Cortlandville outside of Villages, capable of being serviced by the "Article 12-C" Water Improvements heretofore and hereafter provided, are lots or parcels benefited by the proposed water tank construction; and the cost of said construction project and all previous improvements shall be spread upon and over the enlarged benefited area, all of such improvements constituting one water system, such system being described by and including the areas set forth in the "Rt. 1-3/Pyramid Mall Water Project-1990" Resolution adopted by this Board on February 7, 1990, and it is -Further RESOLVED AND DETERMINED, that the construction of a water tank improvement as proposed in said plans be authorized pursuant to Section 209-q (6) (c) of the Town Law; that the improvement therein mentioned be constructed and the service therein mentioned be provided for upon the required funds being made available or provided for; and that such improvement shall be designated and known as the "Blue Creek Road Water Storage Tank Construction", and it is further RESOLVED AND DETERMINED, that the proposed improvement, including costs of land acquisition, rights of way, construction costs, legal fees, engineering and consultant fees, and all other expenses approximate to be a maximum of $700,000.00 shall be financed by the issuance of bonds by the Town of Cortlandville for a maximum term of forty years at prevailing interest, and it is further RESOLVED AND DETERMINED, that the costs of management, maintenance, operation and repair of said improvement or services shall be a charge upon the area of the Town of Cortlandville outside of Villages and shall be levied and collected in the same manner and at the same time as other Town charges, provided that it is the intention of the Town Board that such costs will be raised in the -First instance from water rates, charges and fees upon all lots or parcels heretofore and hereafter serviced by Town Law Article 12-C Water Improvements, and it is further J 1 1 6 r7 r W e d n e slay . ",pr ; 1 17 , 19' 1 PAG-L l RE&DILVED, Town Clerk of t1h-!s Town shall ti!1th n ten ( i 0 ? da:,s after the adoption of ti-ti s Resolution f i 1 e certified conies tnereof in duplicate in the Of -rice of the S gate [Department of Audit and Ccntro at Albany, New York, r w-i th art appl i cati on by th1 s Board in duplicate for per;r::sEton to create such impro*, er.,en"s pro?ect as r .V1ded for by the Town Law Sectior. _'U9-O• (1 3) and ,hat such, a.ppl i cati on shall be executed b_✓ an'a i ri behal of "i;;he Town Bctard by the Supervisor of tf to Town. Arid fut-t.hir er i e a certified -f ified copy o".-- ti.s, Reso i u t i c.n -i t. the ;ort.l and -ourty Clerk's of-,= "ice as provided f.;r t y the Tct.,rn Law Sect.i or. 09-q c . RES; 'L.UTI 'N '=8 AUTHOR"%E TCWN ASSt SSOR TO E`JIE'k,! ASSESSMENTS FOR THE COSMOS HIt..L" BLUE _,—,REEK RU . WA T ER STORAGE T AP,I'K 1"lot1on Counci Iman Rocco ,_e'conded by t_.ouncllrlian esta `,TOTES : ALL AYE A D 0 P T ED BE IT RE,13'C1,1 VED, that the -!'own Assessor. David Br1 ggc . _. hereby autilor- 1 red t ' rev i ew the assessments c* ti-,e Cosmos H:1 f area due to t1he 1;npact of the Blue ee� Water S1.:irc]e lank, and ftl Urter RESOLVED, the Assessor is herehy directed to report tc, the Town Board w i ti, h 1 s f 1 nd 1 ngs , i f the assessments need to be ad.j'_a; ted in tine effected area. RESC'LUTIt_+N #Sg ,",U"i'HIOPIZE HIGHWAY .�UPERINTENIDENT TG GO OUT T(--'' BID - EXCAVATOR r1ot1on by Counc-1!man Testa Second*:.d by rounC !man Rocco VUlEa: ALL AYE ADOPTED BE IT RE: OL` EC, that � e Hi ghw.ay S u p e ri n t en d_�n t, ar Bash, ":s hereby authr.rized to let out for b 1 J _ne 17� Rubber T i i ed Excavator, and further RESOLVED, tinai' suoh bid s•ha`I 1 be opened on May 1 , 1991 at ._ : v0 p , m . and the bid s, gal 1 be awarded on May 1 , Itt991 at 7..-:0 . m . RESOLUTION #' 0 _AU"-Ht:�Ri'Z1- Ti?AiNSFLR G M tNIES _ Motion by Councilman P.occo Secor. ied bV C.oun i l oran Testa VCTC.S : ALi_ AYr ADC P I '`-D BE IT REC_" ti-. a' _��'EG, ��. the BUtJ!yet e O�' i�1Cc,r �, l8 i':tv-. e. _ authorized and directed to transfer $9 ,532. 1 9 h from -5. aerleral Funk: A Surplus and $1 , 302.25 from the hater ;Fund S u r p I us -ir,te C.ap it.al Po.iect Fund, for the Tov.'n Ha. Expansion and Blue C'ree;: Storage Tank !hick has not i::eer bonded. 68 Wednesday, April 17, 1991 PAGE 3 RESOLUTION #91 AUTHORI7_E TO SET NEW ACCOUNT - BAN Motion by Councilman Testa Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Budget Officer is hereby authorize and directed to set up a new account for debt service BAN interest payment, account F9730.7, also to amend the Water- Fund Budget to appropriate surplus funds, for the Highland Road Water Storage Tank Project which is now abandoned. A motion was made by Councilman Rocco, seconded by Councilman Testa, to recess the regular meeting and convene to an Executive Session in the matter of a litigation. All voting aye, the motion was carried. The following information was received from the Supervisor's office: A motion was made by Councilman Rocco, seconded by Councilman Testa, to adjourn the Executive Session and reconvene the Regular Meeting. All voting aye, the motion was carried. David W. Stoner, of Stearns & Wheler, shoved slides of the land fill on South Hill Rd., outside of the Village of McGraw. He discussed the problem with the drums of chemicals. Mr. Stoner offered his firms services to the Town if needed in the future. No action was taken. A motion was made by Councilman Rocco, seconded by Councilman Testa, to adjourn the Regular Meeting. All voting aye, the motion was carried. The meeting was adjourned at 7:40 p.m. Rcsp cti vel y /submi '-ted, Pauline H. Parker, CMC Town Clerk Town of Cortlandville