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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.
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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.
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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.
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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
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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.
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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
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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
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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.
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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
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JUNE 17, 1992 PAGE 8
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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
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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
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