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