HomeMy WebLinkAbout07-01-1992Wednesday, July 1, 1992 7:30 P.M.
PUBLIC HEARING
AQUIFER PERMIT - WENDCUSE 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 July 1, 1992 at 7:30 p.m. for an
Aquifer Permit submitted by Wendcuse Corp.
Members present: Supervisor, Raymond Thorpe
Councilman, Edwin O'Donnell
Councilman, Theodore Testa
Councilman, Ronal Rocco
Councilman, Donald Beard
Town Clerk, Pauline Parker
Others present were: Town Attorney, John Ryan,
Code Enforcement Officer, Bruce Weber; Highway Sup't.,
Carl Bush; Newsreporter, Jon Blackwell, and Mr. David
Yaman and a representative from Wendcuse Corp.
The Public Hearing was called to order by
Supervisor Thorpe at 7:30 p.m.
The Town Clerk read aloud the Legal Notice as
posted and filed.
Supervisor Thorpe offered the privilege of the
floor to those in attendance.
A discussion was held whether it was intended to
leave the location in question, forever vacant, at the
time the Aquifer Permit for WalMart was approved.
The Code Enforcement Officer clarified that there
may have been discussions and opinions, however no
conditions were made to that Aquifer Permit when issued.
A discussion was held concerning the current
traffic patterns and congestion at the location now. A
traffic study was done of the area in question. It
would be the NYS DOT that would make the determination,
and give the final approval concerning the traffic
concerns.
Because the County Planning Board has not acted on
this application, the Town Planning Board cannot
proceed. They have agreed to hold a Special Meeting if
necessary. The Town Board will also schedule a Special
Meeting to accomplish the permit application procedure
when they are notified by the Planning Board.
Councilman O'Donnell made a motion, seconded by
Councilman Testa, to recess the Public Hearing until the
necessary information has been received. All voting
aye, the motion was carried.
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Wednesday, July 1, 1992 7:30 P.M.
PUBLIC HEARING
WEST RD. SEWER IMPROVEMENT PROJECT - PHASE 1
A Public Hearing was held by the Town Board of the
Town of Cortlandville at the Town Hall, 15 Terrace Road,
Cortland, New York at 7:30 p.m. on July 1, 1992 for the
West Rd. Sewer Improvement Project - Phase 1.
Members present: 'Supervisor, Raymond Thorpe
Councilman, Edwin O'Donnell
Councilman, Theodore Testa
Councilman, Ronal Rocco
Councilman, Donald Beard
Town Clerk, Pauline Parker
Others present were: Town Attorney, John Ryan;
Highway Sup't, Carl Bush; Newsreporter, Jon Blackwell;
Mr. Newell Willcox, Mr. John Cinquanti, and Mrs.
Charlotte Angell.
The Public Hearing was called to order by
Supervisor Thorpe at 7:50 p.m.
The Town Clerk read aloud the Legal Notice as
posted and filed.
Supervisor Thorpe offered the privilege of the
floor to those in attendance.
No comments or questions were heard.
Councilman Rocco made a motion, seconded by
Councilman Beard, to close the Public Hearing. All
voting aye, the motion was carried.
The hearing was closed at 7:55 p.m.
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Wednesday, July 1, 1992 7:55 P. M.
PUBLIC HEARING
WEST ROAD WATER IMPROVEMENT PROJECT - PHASE 1
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 July 1, 1992 at 7:55 p.m. for the
West Rd. Water Improvement Project - Phase 1
Members present: Supervisor, Raymond Thorpe
Councilman, Edwin O'Donnell
Councilman, Theodore Testa
Councilman, Ronal Rocco
Councilman, Donald Beard
Town Clerk, Pauline Parker
Others present were: Attorney, John Ryan;
Highway Sup't., Carl Bush; Newsreporter Jon Blackwell;
Newell Willcox, John Cinquanti, and Charlotte Angell.
The Public Hearing was called to order by
Supervisor Thorpe at 7:55 p.m.
The Town Clerk read aloud the Legal Notice as
posted and filed.
Supervisor Thorpe offered the privilege of the
floor to those present.
No comments or questions 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 8:00 p.m.
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Wednesday, July 1, 1992
7:00 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
Councilman, Donald Beard
Town Clerk, Pauline Parker
Others present were, Attorney, John Ryan; Highway
Sup't, Carl Bush; Code Enforcement Officer, Bruce
Weber; Richard Elliott of the Cortland County IDA;
Newsreporter, Jon Blackwell; Newell Willcox of Willcox
Tire; David Yaman with a representative of Wendy's; and
John Cinquanti, Charlotte Angel and others.
Councilman O'Donnell made a motion, seconded by
Councilman Testa to receive and file the Cortlandville
Zoning Board of Appeals minutes of May 21, 1992. All
voting aye, the motion was carried.
RESOLUTION #134 AUTHORIZE PAYMENT OF VOUCHERS - JULY
Motion by Councilman O'Donnell
Seconded by Councilman Beard
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, that the vouchers submitted have been
audited and shall be paid as follows:
General Fund A
Vouchers #246
- 258
$ 3,732.58
General Fund B
52
- 60
$ 6,404.58
Highway Fund
199
- 210
$26,601.61
Water Fund
128
- 138
$ 490.63
Sewer Fund
68
- 72
$ 8,959.06
Capital Projects
34
- 38
$66,772.99
Supervisor Thorpe offered the privilege of the
floor to Mr. Richard Elliott from the Cortland County
IDA. He attended the meeting to discuss, or answer any
questions of the Town Board in regards to which agency
would accept the responsibility as "Lead Agent" for the
Luker Road Team Track Project. The project would allow
for construction of a spur of the current railroad
lines, and extend it to the Luker Road area.
The Aquifer Permit application has been forwarded
to the County Planning Board for review and
recommendations. The County cannot act on this project
until an Environmental Assessment Review has occurred.
That would be done by the named "Lead Agent".
The Town Planning Board has not yet determined if
they would like to be the Lead Agent. The Code
Enforcement Officer reported that they are waiting to
receive the complete application before they can make
that determination.
A discussion was held concerning the matter.
Different opinions and concerns were heard by members
of the Town Board.
No action was taken.
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JULY 1, 1992 PAGE 2
The Regular Meeting was recessed to hold three (3)
Public Hearings.
The Regular Meeting was reconvened at 8:05 p.m.
following the Public Hearings.
Mr. John Cinquanti of 99 Tompkins St., was given
the privilege of the floor.
He expressed his displeasure of the unsightly used
car lot on Tompkins St., which is owned by Hart Motors.
He felt such operation was a disgrace to the Town.
Code Enforcement Officer, Bruce Weber, explained
that the Town Planning Board has also been concerned
about this, and have attempted to improve the
conditions. Because of the non-compliance of their
site -plan, they have discussed this with Mr. Hart.
It was suggested that any further concerns of this
situation should be directed to the Town Planning Board.
Mr. Newell Willcox, owner of Willcox Tire, located
on Tompkins Street, was given the privilege of the
floor.
He advised that he was contacted by the Cortland
Standard this morning regarding his Conditional Permit
being revoked by the Cortlandville Planning Board. He
was not aware of this.
Code Enforcement Officer, Bruce Weber, advised that
the Planning Board had revoked the permit because a
fence had not been built behind his place of business,
as was required.
A discussion was held whereby the Town Board
advised Mr. Willcox to contact the Town Planning Board
and reapply for another conditional permit, or follow
their advise.
Councilman O'Donnell made a motion, seconded by
Councilman Testa, to receive and file the Luker Road
Team Track Fact Sheet. All voting aye, the motion was
carried.
The fact sheet was sent to the Town Board from the
Economic Development International, owned by Margo Yager
and Richard Teichman Jr.
Councilman Testa made a motion, seconded by
Councilman Rocco, to receive and file the letter
received from the County Attorney regarding the Lead
Agent status for the Luker Road Team Track Project. All
voting aye, the motion was carried.
Reports are on the table for review and are
available, upon request, in the Town Clerk's Office.
Councilman O'Donnell made a motion, seconded by
Councilman Testa, to receive and file a letter received
from CAPCO, or Cortland County Community Action Program,
Inc. All voting aye, the motion was carried.
The letter offered their technical assistance for
compliance of the American Disabilities Act.
Councilman Testa made a motion, seconded by
Councilman O'Donnell, to receive and file correspondence
from Senator D'Amato and Russell K. Paul, Assistant
Secretary of HUD. All voting aye, the motion was
carried.
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DULY
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J-1 1992 PAGE 3
The letters advised that our HUD Grant Application
had been received bv them.
RESOLUTION #135 ADOPT RESOLUTION
-LON PURSUANT TO TOWN
LAW SECTION 209-q (6) (c) - WEST
ROAD SANITARY SEWER IMPROVEMENT
PROJECT PHASE-1
Motion by Councilman Rocco
Seconded by Councilman O'Donnell
VOTES: ALL AYE ADOPTED
WHEREAS, there -,r.Tas 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 area of West Road and designated "West
Road San-Ltary Sewer Improvement Project - Phase I", as
required by Section 209-a 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 17, 1994" reciting the filing of said general plans,
the construction proposed, and the estimate expense
thereof and S.-pecifying July 1, 1992 at 7:30 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 1st day of July,
1992 commencing at 7:30
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 Ronal Rocco, Councilman, seconded by
Edwin O'Donnell, Councilman, and unan4LMOUS17 passed -it
is
RESOLVED AND DETERMINED, the plans heretofore fijled
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 1--.he
public interest, and it is further
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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 0-1 land within said Town of
Cortlandville i-n 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 hereto fore 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 on sewer system, such
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JULY 1, 1992 PAGE 4
system being described by and including the areas set
forth in the "Cortlandville Fire Station Sanitary
Sewer Improvement" Resolution adopted June 17, 1992 and
the following parcels designated on the 1992 Cortland
County real property tax maps as Cortlandville tax
parcels:
TAX MAP 86.09-01:
Parcels: 27.000,28.110, 28.120, 28.200 and 29.000.
TAX MAP 86.09-02:
Parcel: 01.000.
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
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
West Road Sanitary Sewer Improvement Project - Phase I",
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
$120,000.00 shall be financed by the issuance of bonds
by the Town of Cortlandville 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 heretoafter 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 Town Law
Section 209-q (6) (d).
RESOLUTION #136
ADOPT RESOLUTION
LAW SECTION 209-q
WATER IMPROVEMENT
DWAqu -1
PURSUANT TO TOWN
(6) (c) WEST ROAD
PROJECT
Motion by Councilman Rocco
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 relating to the construction of the
water improvement for the Cortlandville area of West
Road and designated "West Road Water Improvement Project
- Phase I", as required by Section 209-q and 209-c of
the Town Law, and a short Environmental Quality Review
Act, and are available,for public inspection, and
WHEREAS, an order was duly adopted by the Town Board on
June 17, 1992 reciting and filing of said general plans,
the improvements proposed, and the estimated expense
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JUly i, 199"
PAGE 5
thereof and specifying July 1, 1992 at 7:30 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 J_n the matter was duly held by the
Board on the 1st day of July, 1992 commencing at 7:30
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 Ronal Rocco, Councilman, seconded by
Edwin O'Donnell., Councilman, and unanimously passed, it
is
RESOLVED AND DK,'ERMINED, 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 improvement is
in the
public interest, and it is further,
RESOLVED AND DETERMINED, all cost, 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" Water Improvements heretofore and hereafter
provided, are lots or parcels benefited by the proposed
water improvement_; and the cost of said 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 bNr and including the area set forth in the
"Blue Creek Road Water Storage Tank. Construction"
Resolution adopted by this Board on April 17, 1991 and
the following parcels designated on the 1992 Cortland
County Real Property Tax Maps as Cortlandville tax
Parcels:
TAX MAP 86.09-01:
Parcels: 27.000, 28.110, 28.120, 28.200 and 29.000.
TAX MAP 86,19-11:
Parcel: 01.000.
RESOLVED AND DETERMINED, that the construction of water
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 "West RoaC, Water Tmprn.vement Project - Phase !", and
It is further
JULY 1, 1992 PAGE 6
RESOLVED AND DETERMINED, that the proposed improvement,
including costs of land acquisition, rights of way,
construction cost, legal fees, engineering and
consultant fees, and all other expenses approximated to
be a maximum of $100,000.00 shall be financed by the
issuance of bonds by the Town of Cortlandville for the
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
the Town Law Article 12-C Water 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 Town Law
Section 209-q (6) (d).
RESOLUTION #137 REJECT PROPOSAL FROM VILLAGE OF
HOMER TO PURCHASE THEIR SEWER
GRAVITY LINE BETWEEN HOMER AND
CITY OF CORTLAND
Motion by Councilman O'Donnell
Seconded by Councilman Rocco
VOTES: ALL AYE ADOPTED
WHEREAS, a proposal has been received from the Village
of Homer to purchase a sewer gravity line installed by
the Village of Homer in the area between Sherry's Glass
and the Village Pump Station for $48,500, and
WHEREAS, the Town Engineer has advised that the line is
an asbestos - cement line, which is not an approved
line, and
WHEREAS, a new acceptable line could be built for
approximately the same cost, therefore
BE IT RESOLVED, that the Town Board does hereby reject
the offer to purchase the sewer gravity line from the
Village of Homer, and further
RESOLVED, that the Supervisor is hereby authorized and
requested to notify the Village of Homer of this Boards
decision.
Councilman O'Donnell made a motion, seconded by
Councilman Testa, to receive and file the letter
received from Pizza Hut, of 259 Tompkins Street. Ail
voting aye, the motion was carried.
The letter advised that they were renewing their
Eating Place Beer license.
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JULY 1, 1992 PAGE 7
RESOLUTION #138 AUTHORIZE BUDGET TRANSFER FOR
CAPITAL PROJECT
Motion by Councilman O'Donnell
Seconded by Councilman Rocco
Votes: ALL AYE ADOPTED
BE IT RESOLVED, that the Budget Officer is hereby
authorized and directed to transfer $74.70 from Water
Fund F Surplus to the Capital Project Fund of West Road
Water Improvement Project - Phase 1, and further
RESOLVED, that $92.96 shall be transferred from Sewer
Fund G Surplus to the Capital Project Fund of West Road
Sewer Improvement Project - Phase 1.
RESOLUTION #139 AUTHORIZE HIGHWAY SUPT. TO ASSIST
THE FIREMAN AT THEIR EXTRICATION
COMPETITION
Motion by Councilman Rocco
Seconded by Councilman O'Donnell
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, that the Highway Supt., Carl Bush is
hereby authorized to furnish equipment and personnel to
assist the Cortlandville Fireman for their Extrication
Competition, which shall be held August 11 - 15, 1992.
Councilman O'Donnell made a motion, seconded by
Councilman Testa, to recess the regular meeting and
convene to an executive session to discuss the matter of
purchasing real estate. All voting aye, the motion was
carried.
The following information was received from the
Supervisor's office.
Councilman O'Donnell made a motion, seconded by
Councilman Rocco, to adjourn the executive session and
reconvene to the regular meeting. All voting aye, the
motion was carried.
No action was taken.
Councilman O'Donnell made a motion seconded by
Councilman Rocco, to adjourn the meeting. All voting
aye, the motion was carried.
The meeting was adjourned at 8:30 p.m.
Resp) ctfully mi ted,
Pauline H. Parker, CMC
Town Clerk
Town of Cortlandville