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HomeMy WebLinkAbout06-17-199224< Wednesday, June 17, 1992 5:35 P.M. PUBLIC HEARING AQUIFER PERMIT - CONTEGRA CORP. A Public Hearing was held by the Town Board of the Town of Cortlandville at the Town Hall, 15 Terrace Road, Cortland, New York, on June 17, 1992 at 5:35 p.m. concerning the Aquifer Permit application for ConTegra Corp. on behalf of Fashion Bug to construct a building at the Cortlandville Crossings Shopping Mall. Members present: Supervisor, Raymond Thorpe Councilman, Edwin O'Donnell Councilman, Theodore Testa Councilman, Ronal Rocco Town Clerk, Pauline Parker Others present were: Town Attorney, John Ryan; Highway Sup't., Carl Bush and Newsreporter, Jon Blackwell. The Public Hearing was called to order by Supervisor Thorpe at 5:35 p.m. The Town Clerk read aloud the Legal Notice as posted and filed. Supervisor Thorpe advised that they wish to build another building adjacent to Chappel's. Supervisor Thorpe offered the privilege of the floor to those in attendance. A discussion was held concerning the increased activity of construction of new buildings in the area of the Shopping Mall. This also increases the paved area. Because it is a recharge area of the Aquifer, there have been concerns about the lack of greenspace. If we preclude desirable installations over the Aquifer on the basis that some presumed contamination is going to occur, but never does, or if we allow no growth, there will be an increase in taxes. No other comments were heard. Councilman O'Donnell made a motion, seconded by Councilman Testa, to adjourn the Public Hearing. All voting aye, the motion was carried. The Public hearing was closed at 5:45 p.m. 1 :.24 Wednesday, June 17, 1992 5:30 P.M. PUBLIC HEARING CORTLANDVILLE FIRE STATION SANITARY SEWER IMPROVEMENT A Public Hearing was held by the Town Board of the Town of Cortlandville at the Town Hall, 15 Terrace Road, Cortland, New York on June 17, 1992 at 5:50 p.m. in regards to the Cortlandville Station Sanitary Sewer Improvement Project. Members present: Supervisor, Raymond Thorpe Councilman, Edwin O'Donnell Councilman, Theodore Testa Councilman, Ronal Rocco Town Clerk, Pauline Parker Others present were: Town Attorney, John Ryan; Highway Sup't., Carl Bush and Newsreporter, Jon Blackwell. The Public Hearing was called to order by Supervisor Thorpe at 5:30 p.m. The Town Clerk read aloud the Legal Notice as posted and filed. Supervisor Thorpe reported that the Fireman were notified that it would be necessary to hook their building into a sanitary sewer line. The Town sewer lines, at the present time, are on the other side of the road. Supervisor Thorpe offered the privilege of the floor to those present for comment or questions. No comments were heard. Councilman O'Donnell made a motion, seconded by Councilman Testa, to adjourn the Public Hearing. The Public Hearing was closed at 5:35 p.m. 1 246 Wednesday, June 17, 1992 5:00 P.M. TOWN BOARD MEETING The Regular Meeting of the Town Board of the Town of Cortlandville was held at the Town Hall, 15 Terrace Road, Cortland, New York, with Supervisor, Raymond Thorpe presiding. Members Present: Supervisor, Raymond Thorpe Councilman, Edwin O'Donnell Councilman, Theodore Testa Councilman, Ronal Rocco Town Clerk, Pauline Parker Others present were Town Attorney, John Ryan; Highway Sup't., Carl Bush and Newsreporter, John Blackwell. The meeting was called to order by Supervisor Raymond Thorpe at 5:00 p.m. Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and file the Town Planning Board minutes of March 31, 1992. All voting aye, the motion was carried. Councilman Testa made a motion, seconded by Councilman O'Donnell, to receive and file the Town Zoning Board of Appeals minutes of April 21, 1992. All voting aye, the motion was carried. RESOLUTION # 122 AUTHORIZE PAYMENT OF VOUCHERS FOR JUNE Motion by Councilman Rocco Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED, that the vouchers submitted have been audited and shall be paid as follows: General Fund A Vouchers #223 - 245 $13,974.59 General Fund B 42 - 51 3,526.49 Highway Fund 178 - 198 35,854.88 Water Fund 116 - 127 8,285.35 Sewer Fund 65 - 67 2,935.73 Capital Projects 26 - 33 42,735.05 A discussion was held concerning the confusion of the time changes for Town Board Meetings and/or Public Hearings. The agenda includes matters which can not be acted on until after the Public Hearing, and the Board wished to not hold Public Hearings until 5:30. It was suggested that Public Hearings only be held at the first meeting of the month, which is 7:00. No action was taken. Supervisor Thorpe gave those in attendance the privilege of the floor. Councilman O'Donnell mentioned that he has heard several comments regarding our regulations for junk yards. There are two locations, one on the Ridge Road in McGraw and another on West Hill in Blodgett Mills. In checking, they are very unsightly and appear to be getting worse. 1 1 1 247 JUNE 17, 1992 PAGE 2 Our current Zoning Law covers this, but if the situation is considered "grandfathered," shouldn't we do something to prevent the expansion of. To accomplish would require changing or making an addition to our current Zoning Law. Another suggestion was heard that the zoning officer be allowed to issue tickets, and bring the matter into our court for discussion and/or action. A neighboring Town has accomplished using this process. The Town Board will request the Zoning Officer to make a survey of the problem areas and report back to the Town Board. Reports are on the table for review and are available for inspection, upon request, in the Town Clerk's Office. Councilman Rocco made a motion, seconded by Councilman O'Donnell, to receive and file a letter received from Senator D'Amato. All voting aye, the motion was carried. The letter advised that he is supporting our application for the HUD Grant. Councilman Testa made a motion, seconded by Councilman Rocco, to receive and file correspondence received from Senator D'Amato and Russell Paul, Assistant Secretary of HUD. All voting aye, the motion was carried. The correspondence was in regards to them receiving our HUD Grant application. Councilman O'Donnell made a motion, seconded by Councilman Rocco, to receive and file the Protest received from New York Telephone for the Special Franchise Assessment for the 1992 Tax Roll. All voting aye, the motion was carried. RESOLUTION # 123 SET DATE FOR A PUBLIC HEARING FOR THE AQUIFER PERMIT FOR WENDCUSE Motion by Councilman Testa Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED, that a Public Hearing shall be held on July 1, 1992 at 7:30 p.m. concerning the Aquifer Permit application of Wendcuse Corp., on behalf of Wendy's for new construction on Rt. #13. RESOLUTION # 124 AUTHORIZE SIGNING OF A STATE CONTRACT FOR AN AID TO LOCALITIES PROJECT FOR THE LAMONT CIRCLE AREA SEWER IMPROVEMENTS SEWER PROJECT Motion by Councilman Rocco Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED WHEREAS, the Town Board of the Town of Cortlandville, herein called the "Municipality," after thorough consideration of the various aspects of the problem and study of available data, has hereby determined that 9 eA -' JUNE 17, 1992 PAGE 3 certain work, as described in the State Contract, herein called the "Project," is desirable, in the public interest, and is required in order to study and/or implement the local project or program; and WHEREAS, under Chapter 53, Section 1 and 2, of the Laws of 1992 relating to the Local Assistance Budget the Legislature has authorized financial assistance to localities for services and expenses related to local projects, programs and studies by means of a written agreement; and WHEREAS, the Municipality has examined and duly considered Chapter 53, Sections 1 and 2, of the Laws of 1992 relating to the Local Assistance Budget and deems it to be in the public interest and benefit under this law to enter into a contract therewith; NOW, THEREFORE, BE IT RESOLVED BY the Town Board of the Town of Cortlandville that Supervisor, Raymond Thorpe is directed and authorized as the official representative to act in connection with any contracts between the Municipality and the State, and to provide such additional information as may be required; and RESOLVED, that one (1) certified copy of this Resolution be prepared and sent to the New York State Department of Environmental Conservation, Albany, New York together with the State Contract, and RESOLVED, that this Resolution shall take effect immediately. RESOLUTION # 125 APPROVE WATER AND SEWER PLUMBER'S APPLICATION OF HARRY J. WRIGHT Motion by Councilman Testa Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED WHEREAS, an application was submitted from Harry J. Wright, 3914 Highland Road, Cortland, New York, to be allowed to make a water and sewer connection at his residence only, and WHEREAS, such application included references and previous experience, therefore BE IT RESOLVED, that the application submitted by Harry J. Wright is hereby approved for the installation at his residence only at 3914 Highland Road. Supervisor Thorpe apprised the Town Board of a call received from the Columbus 500 Club. They advised that they will be having a ceremony soon to bury a "time capsule" at the County Court House grounds. He invited the Town to submit memorabilia to placed in the capsule. Supervisor Thorpe contacted the Town Historian, Alice Blatchley, and she will supply something to them. If anv one has some ideas, please contact the Historian. 1 1 1 24 9- JUNE 17, 1992 PAGE 4 RESOLUTION # 126 AUTHORIZE BUDGET TRANSFER FOR CAPITAL PROJECTS Motion by Councilman Testa Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED, that the Budget Officer is hereby authorized and directed to transfer $317.65 from Sewer Fund G Surplus monies to the Capital Project Fund for Cortlandville Fire Station Sanitary Sewer Project. RESOLUTION # 127 AUTHORIZE TRANSFER OF MONIES OF THE 1992 BUDGET Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, that the Budget Officer is hereby authorized and directed to transfer monies of the 1992 Budget as follows: Transfer $1,768.77 from A1990.4, Contingency Fund to A1680.4, Central Data Process. Transfer $1,941.49 from B1990.4, Contingency Fund to B7140.2, Equipment of Playgrounds and Recreation. RESOLUTION # 128 AUTHORIZE TOWN ENGINEER TO ADVERTISE FOR BID - LAMONT CIRCLE AREA SEWER IMPROVEMENTS, CORTLANDVILLE FIRE STATION IMPROVEMENTS, WEST ROAD - PHASE 1 - WATER IMPROVEMENTS, AND WEST ROAD - PHASE 1 - SEWER IMPROVEMENTS PROJECTS Motion by Councilman Rocco Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, that the Town Engineer, Hayne SMith is hereby authorized to advertize by Legal Notice, letting of the bids for the Lamont Circle Area Sewer Improvements, the Cortlandville Fire Station Improvements, the West Road - Phase 1 - Water Improvements, and the West Road - Phase 1 - Sewer Improvements Projects, and RESOLVED that such bids shall be opened on July 24, 1992 at 3:00 p.m. RESOLUTION # 129 ADOPT RESOLUTION FOR BELL DRIVE DRAINAGE EASEMENT Motion by Councilman Rocco Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED, that the Resolution of this Board adopted May 20, 1992 and relating to the authorization of drainage easements on Bell Drive is hereby rescinded, and it is further 250 JUNE 17, 1992 PAGE 6 RESOLUTION # 131 ADOPT RESOLUTION PURSUANT TO TOWN LAW SECTION 209-q(6)(C) "CORTLANDVILLE FIRE STATION SANITARY SEWER IMPROVEMENT" Motion by Councilman Testa Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED WHEREAS, there was filed in the Office of the Town Clerk of the Town of Cortlandville, Cortland County, New York, general plans, map and engineering report relating to the establishment of a sewer improvement project for the Cortlandville Fire Station on NYS Rt. 281 and designated "Cortlandville Fire Station Sanitary Sewer Improvement", as required by Section 209-q and 209-c of the Town Law, and are available for public inspection, and WHEREAS, an Order was duly adopted by the Town Board on June 3, 1992 reciting the filing of said general plans, the construction proposed, and the estimated expense thereof and specifying June 17, 1992 at 5:30 o'clock p.m. as the time and the said Town Hall in the said Town of Cortlandville as the place where the said Board would meet to consider the documents filed as aforesaid and to hear all persons interested in the subject thereof, concerning the same, and WHEREAS, such Order was duly posted and published as required by Law, and WHEREAS, a hearing in the matter was duly held by the Board on the 17th day of June, 1992 commencing at 5:30 p.m. at the Town Hall in the said Town and discussion upon the matter having been had and all persons desiring to be heard having been duly heard including members of the Board and various other persons, and NOW, upon the evidence given upon such hearing and upon the motion of Theodore Testa, Councilman, seconded by Edwin O'Donnell, 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 sewer improvement is in the public interest, and it is further RESOLVED AND DETERMINED, all costs, including the principal and interest on 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 improvement 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" Sewer Improvement heretofore and hereafter provided, are lots or parcels benefited by the proposed sewer project and all previous improvements shall be spread upon and over the enlarged benefited area, all of such improvements constituting one sewer 251 JUNE 17, 1992 PAGE RESOLVED, that the Supervisor is authorized to execute drainage easement agreements relating to Bell Drive, Tax Parcels 76.14-01-36.2 (Lot No. 3) and 76.14-01-36.1 (Lot No. 4) providing for a drainage easement to the Town on the easterly 20 feet of Lot No. 4 and further providing for the owners of both lots agreeing to a covenant to run with the land that the existing 12-inch and 24-inch drainage pipes shall remain indefinitely undisturbed as they presently exist to transport water, although said owners shall not at anytime be obligated to maintain the pipes; and upon failure of the existing pipes, all rights and obligations relating to the existing pipes shall terminate; the final terms of said easement agreements being subject to the approval of the Town Attorney and Superintendent of Highways. Attorney John Ryan apprised the Town Board that the County Legislature had approved a resolution, subject to his approval, to give the Town approval to go down their railroad right-of-way to connect the sewer lines over to Lamont Circle, in the Lime Hollow area. RESOLUTION # 130 APPOINT DONALD H. BEARD AS COUNCILMAN OF THE TOWN BOARD OF THE TOWN OF CORTLANDVILLE Motion by Councilman Rocco Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED WHEREAS, due to the resignation of the elected Town Supervisor, Melvin H. Pierce, effective May 20, 1992, and WHEREAS, Councilman Raymond Thorpe resigned as Town Councilman and was appointed Town Supervisor, effective May 20, 1992, which has left a vacancy on the Town Board, and WHEREAS, a Committee has reviewed candidates and have recommended an appointment,therefore BE IT RESOLVED, that the Town Board of the Town of Cortlandville does hereby appoint Donald H. Beard, 1150H The Park, Cortland, New York as a Councilman of the Town Board of the Town of Cortlandville, effective June 17, 1992, and further RESOLVED, that such term shall expire on December 31, 1992. A discussion was held concerning the Town purchasing the property from the County that is known as the Nature Preserve. This would allow the Town to protect the area around our well head. The Regular Meeting was recessed to hold two Public Hearings. The regular meeting reconvened at 5:45 p.m. 252 JUNE 17, 1992 PAGE system, such system being described by and including the areas set forth in the "Lamont Circle Area Sanitary Sewer Improvements" Resolution adopted April 3, 1991, and the following parcels designated on the 1992 Cortland Countv real property tax maps as Cortlandville tax parcels: Tax Map 95.16-01: Parcel: 4.210, 4.220 and 07. WHEREAS, it is further proposed that the costs of management, maintenance, operation and repair of said 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 services 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 "Cortlandville Fire Station Sanitary Sewer Improvement", and it is further RESOLVED AND DETERMINED, that the proposed improvement, including cost and rights of way, construction costs, legal fees, engineering and consultant fees, and all other expenses approximated to be a maximum of $60,000.00 shall be financed by the issuance of bonds by the Town of Cortlandville in the maximum amount of $60,000.00 for 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 sewer rates, charges and fees upon all lots or parcels heretofore and hereafter serviced by Town Law Article 12-C Sewer Improvements, and it is further RESOLVED, that the Town Clerk of this Town shall within ten (10) days after the adoption of this Resolution, file a certified copy of this Resolution in the Cortland County Clerk's Office as provided for by the Town Law Section 209-q(6)(c). RESOLUTION # 132 DECLARE NEGATIVE IMPACT - AQUIFER SPECIAL PERMIT - CONTEGRA CORP. Motion by Councilman Rocco Seconded by Councilman Testa VOTES: ALL AYE ADOPTED WHEREAS, an Aquifer Permit application was submitted by ConTegra Corp., to build a retail store for Fashion Bug on property located at the Cortlandville Crossings Shopping Mall, 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 recommended this project, and 1 1 1 JUNE 17, 1992 PAGE 8 -253 WHEREAS, the Cortlandville Town Board reviewed the Short Environmental Assessment Form, SEQRA, therefore BE IT RESOLVED, the Town Board does hereby declare the proposed project of ConTegra Corp. will have no significant impact on the environment 1 RESOLUTION # 133 APPROVE AND AUTHORIZE SUPERVISOR TO SIGN AQUIFER SPECIAL PERMIT OF CONTEGRA CORP. Motion by Councilman Testa Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED BE IT RESOLVED, that the Town Board does hereby approve the Aquifer Permit application of ConTegra Corp. to build a retail store for Fashion Bug at the Cortlandville Crossings shopping mall, and RESOLVED, that the Supervisor is hereby authorized to sign the application. A discussion was held concerning the status of the request of Enviro Sound in Polkville and their soil burner. No information has been received from the state as them becoming the Lead Agent for the project. Supervisor Thorpe advised the Board that he will make contact with the Officials in the area where this has occurred in the United States. He will ask for data from them, so that we can be better informed. Councilman O'Donnell made a motion, seconded by Councilman Testa, to adjourn the meeting. All voting aye, the meeting was adjourned. The meeting was adjourned at 5:56 p.m. !Respectfully sub fitted, 17 , Ilk Pauline H. Parker, CMC Town Clerk Town of Cortlandville 1