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HomeMy WebLinkAbout08-21-1991119 Wednesday, August 21, 1991 5:00 P.M. PUBLIC HEARING AQUIFER PERMIT - BESTWAY ENTERPRISES, INC. Town A Public Hearing was held by the Town Board of the of Cortlandviile on August 21, 1991 at 5:00 o'clock p.m. at the Town Hall, 15 Terrace Road, Cortland, New York, for an Aquifer Permit by Bestway Enterprises, Inc., to construct a steel frame lumber storage building with a concrete floor on Luker Rd. Members present: Supervisor, Melvin Pierce Councilman, Raymond Thorpe Councilman, Theodore Testa Councilman, Edwin O'Donnell Councilman, Ronal Rocco Town Clerk, Pauline H. Parker Others present were: Town Attorney, Phillip Rumsey; Highway Superintendent, Carl Bush; CEO, Bruce Weber; Town Assessor, David Briggs; Town Engineer, Hayne Smith; Nancy Jarvis; Laura Jones, newsreporter from the Cortland Standard; Carl Spello, from NYS DEC; Richard Kiippel and Norm McNamara. Supervisor, Melvin Pierce called the Public Hearing to order at 5:00 p.m. The Town Clerk read the Legal Notice, as posted and filed. Supervisor, Melvin Pierce offered the privilege of the floor to those in attendance. No comments or questions were heard. Councilman Rocco made a motion, seconded by Councilman Thorpe to close the Public Hearing. All voting aye, the motion was carried. The Public Hearing was adjourned at 5:05 p.m. 120 Wednesday, August 21, 1991 5:00 P.M. REGULAR MEETING The Regular Meeting was held by the Town Board of the Town of Cortiandville on August 21, 1991 at 5:00 o'clock p.m. at the Town Hall, 15 Terrace Road, Cortland, New York with Supervisor, Melvin Pierce presiding. Members present: Supervisor, Melvin Pierce Councilman, Raymond Thorpe Councilman, Theodore Testa Councilman, Edwin O'Donnell Councilman, Ronal Rocco Town Clerk, Pauline H. Parker Others present were: Town Attorney, Phillip Rumsey; Highway Superintendent, Carl Bush; CEO, Bruce Weber; Town Assessor, David Briggs; Town Engineer, Hayne Smith; Nancy Jarvis; Laura Jones, newsreporter from the Cortland Standard; Carl Spello, from NYS DEC; Richard Klippel and Norm McNamara. Supervisor, Melvin Pierce called the Regular Meeting to order at 5:00 p.m. followed by a Public Hearing for Bestway Enterprises and the Pledge of Allegiance. A motion was made by Councilman, O'Donnell, seconded by Councilman, Thorpe to approve the minutes of April 17, 1991, May 1, 1991 and May 15, 1991 as written. All voting aye, the motion was carried. RESOLUTION #169 AUTHORIZE PAYMENT OF VOUCHERS - AUGUST Motion by Councilman Thorpe Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED, the vouchers have been submitted and shall be paid as follows: General Fund A General Fund B Highway Fund Water Fund Sewer Fund Capital Projects Vouchers #273-286 95-100 262-277 156-170 76-80 95-98 $ 9,814.11 405.59 27,867.03 9,549.53 1,325.18 4,379.37 Supervisor, Melvin Pierce stated to those in attendance the Town of Cortlandvilles' Sales Tax issue should be corrected by the 18th of October. Supervisor, Pierce stated various Department Heads within the Town have cut their budgets. Councilman O'Donnell asked what would happen if monies were not spent from the final budget. Supervisor Pierce stated the excess monies would be placed in unexpended balances to be used for the following years budget. Councilman Rocco asked about the Utility Tax. David Briggs, Assessor stated the Town has received the Special Franchise figures. Statewide the utility is down 7% to 10%. In this area it is up which could be contributed to the subdivisions that have occurred and the extension of NYSEG and NIMO lines. On certain properties the Special Franchise remains the same. On the NYSEG and NIMO properties there is an increase. 1 1 1 121 Wednesday, August 21, 1991 PAGE 2 Special Franchise properties are what utility companies own in a public right-of-way. The Town has taken on several dedicated new streets. This is an extension of these utilities which causes the services to run in the public right-of-way. This causes the Town to be liable for. A motion was made by Councilman Testa, seconded by Councilman O'Donnell, to receive and file a letter from the Cortland County Youth Bureau. All voting aye, the motion was carried. The letter is in regards to the reduction of the Local Assistance Funds by the Governor and the State Legislature. A motion was made by Councilman O'Donnell, seconded by Councilman Thorpe, to receive and file a letter from Willkie Farr & Gallagher. All voting aye, the motion was carried. The letter was in regards to their opinion concerning the Towns Bond Anticipation Note for the Groton Ave. Plaza, Rt. 281, Luker Rd. Area Sewer Project. RESOLUTION #170 DECLARE NEGATIVE IMPACT - AQUIFER SPECIAL PERMIT - BESTWAY ENTERPRISES Motion by Councilman O'Donnell Seconded by Councilman Thorpe VOTES: ALL AYE ADOPTED WHEREAS, application was made by Bestway Enterprises for property located on Luker Road, for an Aquifer Special Permit, and WHEREAS, a Public Hearing was duly held by the Town Board, and WHEREAS, the Cortland County Planning Board and the Town Planning Board have reviewed and recommend this project, therefore BE IT RESOLVED, the Town Board does hereby declare the proposed project of Bestway Enterprises, will have no significant impact on the environment. RESOLUTION #171 APPROVE AQUIFER SPECIAL PERMIT BESTWAY ENTERPRISES Motion by Councilman Thorpe Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby approve an Aquifer Special Permit for Bestway Enterprises, for the property located on Luker Road, pursuant to Town Zoning Law, and further RESOLVED, the approval of the Aquifer Special Permit of Bestway Enterprises is subject to test wells being installed as recommend by the Cortland County Planning Board. Dick Klippei regional manager from the Syracuse office of Malcolm Pirnie, was given privilege of the floor. 122 Wednesday, August 21, 1991 PAGE 3 Mr. Klippel stated Malcolm Pirnie are environmental engineers, scientist and planners. They would be available to the Town for assistance and to clean up the South Hill Dump. There is a grant available through the State of New York. The Town can apply for this $75,000 grant to clean up the South Hill Dump. The monies will only be granted to the Town if the Town can prove that there are no other parties involved with the pollution of the South Hill Dump. Malcolm Pirnie Co. will assist the Town with the proper application if the Town chooses to do so. The site would need to be classified as a class 2. This class is a significant threat to the environment. The Board members asked many questions regarding the Town's liability to the South Hill Dump Site if no party was found with dumping hazardous materials at this site. It was noted the State DEC has removed soil from the South Hill Dump to be tested. The testing of the soil has been documented. Nancy Jarvis, Groundwater Management Coordinator, suggested the Town place signs at the South Hill Dump posting no trespassing. Supervisor, Melvin Pierce suggested members of the Board form a committee to work on the South Hill Dump. Councilman O'Donnell and Councilman Thorpe volunteered their time for this committee. Nancy Jarvis stated to the Board the new proposed EPA standards for drinking water of radon has been proposed to be set at 300 per liter. Areas within Cortland County is at 460 per liter, which is much higher than what is proposed. There are other areas that are much higher than the areas in Cortland County. An air stripper may be needed to be installed within the County to protect the public water supply if this approved. A motion was made by Councilman Thorpe, seconded by Councilman Rocco, to receive and file a folder from Nancy Jarvis. All voting aye, the motion was carried. The folder contained correspondence regarding the South Hill Dump. RESOLUTION #172 PAID DIRECTLY ALL OF TOWN'S SHARE OF COUNTY SALES TAX Motion by Councilman Thorpe Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED, that the Town of Cortlandville pursuant to Tax Law Section 1262 elects to be paid directly all os -its share of county sales tax which would otherwise be applied to reduce the county taxes levied upon real property in the Town of Cortlandville, and be it further RESOLVED, that pursuant to Town Law Section 1262, this resolution shall be effective commencing with calender year 1992, and it is further, RESOLVED, that the Cortlandville Town Clerk shall forward a. certified copy of the Resolution to the Cortland County Treasurer and the Cortland County Director of Real Property Tax Services by registered or certified mail before September 1, 1991. ? 2 r Wednesday, August 21, 1991 PAGE 4 David Butler, owner of TLC in Syracuse, was given privilege of the floor. Mr. Butler stated TLC purchased Hayes Ambulance within the last few months. The name Hayes Ambulance will be changed to TLC Ambulance Service. The ambulance service has since been updated. The responding calls have increased. TLC Ambulance Service has employed five individuals. There are two basic EMT's and one Paramedic available on site. Cortland County residences will have first choice employment. This updated service with 'employees and equipment has caused a increase in ambulance costs. There will be no increase to the Town. There will be an increase to the general public. The increase is from $115.00 - $275.00 for the advanced life support calls. Councilman Edwin O'Donnell asked if the basic health insurance will cover this $275.00 cost. Mr. Butler stated the cost will be covered by one's health insurance. Mr. Butler stated the ambulances will be parked on the side of streets for a quicker and closer ambulance response. This is called System Status Management which many large and small communities are using. Norm McNamara from Sherbrook Apartments was given privilege of the floor. Mr. McNamara asked about the dog ordinance within the Town of Cortlandville. He stated a neighbor is harboring many dogs and the dogs bark constantly. He asked if these dogs were licenced. The Town Clerk, Pauline Parker suggested to Mr. McNamara that he stop into her office. Mrs. Parker would check for Mr. McNamara if the all the dogs the neighbor is harboring are licensed. RESOLUTION #173 AUTHORIZING THE ISSUANCE OF $700,000 SERIAL BONDS OF THE TOWN OF CORTLANDVILLE, CORTLAND COUNTY, NEW YORK, TO PAY COSTS OF THE CONSTRUCTION OF THE BLUE CREEK ROAD WATER STORAGE TANK CONSTRUCTION PROJECT FOR THE BLUE CREEK ROAD WATER STORAGE TANK CONSTRUCTION WATER IMPROVEMENT AREA OF SAID TOWN Motion by Councilman Thorpe Seconded by Councilman Testa VOTES: ALL AYE ADOPTED WHEREAS, pursuant to proceedings heretofore had and taken in accordance with the provisions of Article 12-C of the Town Law, and more particulary an order dated April 17, 1991 and the approval of the Comptroller of the State of New York on June 20, 1991, the Town Board of -the Town of Cortlandville, Cortland County, New York, has established the Blue Creek Road Water Storage Tank Construction Water Improvement Area; and WHEREAS, it is now desired to authorize the issuance of $700,000. serial bonds of said Town to pay the cost of the construction of the Blue Creek Road Water Storage Tank Construction Project for said Blue Creek Road Water Storage Tank Construction Water Improvement Area; and WHEREAS, all conditions precedent to the financing of such capital project, including compliance with the provisions of the State Environmental Quality Review Act, have been performed; NOW, THEREFORE, BE IT 124 Wednesday, August 21, 1991 PAGE 5 RESOLVED, by the Town Board of the Town of Cortlandville, Cortland County, New York, as follows: Section 1. For the specific object or purpose of paying the cost of the construction of the Blue Creek Road Water Storage Tank Construction Project for the Blue Creek Road Water Storage Tank Construction Water Improvement Area, consisting of the construction of a second Town of Cortlandville public water storage tank on approximately 1.7 areas of land near Blue Creek Road, including easements and other land acquisition, site work, land surveys, soil borings and the installation of and construction of a water storage tank with a capacity of approximately 1,000,000 gallons per day, at a maximum estimated cost of $700,000, thee are hereby authorized to be issued $700,000 serial bonds of said Town pursuant -to the provisions of the Local Finance Law. Section 2. It is hereby determined that the maximum estimated cost of such specific object or purpose is $700,000, and that the plan for the financing thereof shall consist of the issuance of the $700,000 serial bonds of said Town authorized to be issued pursuant to this bond resolution. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is forty years, pursuant to subdivision 1 of paragraph a of Section 11.00 of the Local Finance Law. It is hereby further determined that the maximum maturity of the serial bonds herein authorized will exceed five years. Section 4. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the serial bonds herein authorized, including renewals of such notes, is hereby delegated to the Supervisor, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said Supervisor, consistent with the provisions of the Local Finance Law. Section 5. The faith and credit of said Town of Cortlandville, Cortland County, New York, are hereby irrevocably pledged to the payment of the principal of and interest on such bonds as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such obligations becoming due and payable in such year. Section 6. Such bonds shall be in fully registered form and shall be signed in the name of the Town of Cortlandville, Cortland County, New York, by the manual or facsimile signature of the Supervisor and a facsimile of -its corporate seal shall be imprinted thereon and attested by the manual or facsimile signature of the Town Clerk. 125 Wednesday, August 21, 1991 PAGE 6 Section 7. The powers and duties of advertising such bonds for sale, conduction the sale and awarding the bonds, are hereby delegated to the Supervisor, who shall advertise such bonds for sale, conduct the sale, and award the bonds in such manner as he or she shall deem best for the interests of the Town; provided, however, that in the exercise of these delegated powers. he or she shall comply fully with the provisions of the Local Finance Law and any order or rule of the Sate Comptroller applicable to the sale of municipal bonds. The receipt of the Supervisor shall be a full acquittance to the purchaser of such bonds, who shall not be obliged to see to the application of the purchased money. Section 8. All other matters, except as provided herein relating to such bonds, including prescribing whether manual or facsimile signatures shall appear on said bonds, prescribing the method for the recording of ownership of said bonds, appointing the fiscal agent or agents for said bonds, providing for the printing and delivery of said bonds (and if said bonds are to be executed in the name of the Town by the facsimile signature of its Supervisor, providing for the manual countersignature of a fiscal agent or of a designated official of the Town), the date, denominations, maturities and interest payment dates, place or places of payment, and also including the consolation with other issues, shall be determined that it is to the financial advantage of the Town not to impose and collect from registered owners of such serial bonds and charges for mailing, shipping and insuring bonds transferred or exchanged by the fiscal agent, and, accordingly, pursuant to paragraph c of Section 70.00 of the Local Finance Law, no such charges shall be so collected by the fiscal agent. Such bonds shall contain substantially the recital of validity clause provided for in section 52.00 of the Local Finance Law and shall otherwise be in such form and contain such recitals in addition to those required by section 52.00 of the Local Finance Law, as the Supervisor shall determine. Section 9. The validity of such bonds and bond anticipation notes may be contested only if: 1) Such obligations are authorized for an object or purpose for which said Town is not authorized to expend money, or 2) The provisions of the law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 10. This resolution, which takes effect immediately, shall be published in full in Cortland Standard, the official newspaper, together with a notice of the Town Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. 1_26 Wednesday, August 21, 1991 PAGE 7 A motion was made by Councilman Rocco, seconded by Councilman Thorpe, to receive and file notification from the NYS Department of State Bureau of State Records. All voting aye the motion was carried. The notification was in regards to the State Bureau receiving the Town's Local Law No. 1 of 1991. A motion was made by Councilman Thorpe, seconded by Councilman Rocco, to receive and file the annual report from -the Cortlandville Fire District. All voting aye, the motion was carried. A motion was made by Councilman O'Donnell, seconded by Councilman Thorpe to receive and file Public Hearing dates from the State. All voting aye, the motion was carried. The Public Hearing dates are in regards to Ethics in Government. The State has set these dates to hear from municipal officials how they have enacted local ethic laws. RESOLUTION #1:174 APPROVE THE EXTENSION OF ONE TELEPHONE LINE SERVICE - BOOKKEEPER Motion by Councilman Rocco Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Supervisor if hereby authorized and directed to have a telephone line service installed for the Bookkeeper. RESOLUTION #t175 APPOINT KAREN BETTERS AS SUBSTITUTE SECRETARY TO THE CORTLANDVILLE PLANNING BOARD AND THE ZONING BOARD OF APPEALS Motion by Councilman O'Donnell Seconded by Councilman Thorpe VOTES: ALL AYE ADOPTED WHEREAS, Mildred Brookins, Secretary to the Cortlandville Planning Board and Zoning Board of Appeals has taken ill, therefore BE IT RESOLVED, Karen Betters, Deputy Town Clerk of the Town of Cortlandville will act as a Substitute Secretary to these Boards. Supervisor Pierce discussed with the Board Scott Chatfield the attorney hired by the Town to take care of the zoning violators. Mr. Pierce stated Mr. Chatfield would like to be at the Town's next Board meeting to discuss the violators and to take the next step. A motion was made by Councilman Thorpe, seconded by Councilman O'Donnell to adjourn the regular meeting. All voting aye, the motion was carried. The meeting was adjourned at 6:40 p.m. Res ectively'su witted, Pauline H. Parker, CMC Town Clerk Town of Cortlandville