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Wednesday, November 4, 1992 7:30 P.M.
PUBLIC HEARING
AQUIFER PERMIT FOR BESTWAY ENTERPRISES INC.
A Public Hearing was held by the Town Board of the
Town of Cortlandville on November 4, 1992 at 7:30 P.M.
at the Town Hall, 15 Terrace Road, Cortland, New York,
concerning an Aquifer Permit request from Bestway
Enterprises Inc. to install a 10,000 gallon above ground
storage tank for diesel fuel at their location, which
will replace an underground tank.
Members present: Supervisor Raymond Thorpe
Councilman Theodore Testa
Councilman Edwin O'Donnell
Councilman Ronal Rocco
Councilman Donald Beard
Town Clerk Pauline Parker
Others present were: Town Attorney, Phillip
Rumsey; Highway Superintendent, Carl Bush; Town
Assessor, David Briggs; Town Bookkeeper, Marsha Hicks;
Town Typist; Edna Puzo; Cortlandville Fire
Commissioners: Robert Payne, Jack Harvey, Doug Staley
and Angelo Cincotta; Doug Withey, and many residents of
the Town and Newsreporter, Jon Blackwell.
Supervisor Thorpe called the Public Hearing to
order at 7:30 p.m.
The Town Clerk read the Legal Notice as posted and
filed.
Supervisor Thorpe explained that the request of
Bestway to replace their underground storage tank to an
above ground storage tank will benefit everyone. This
application has been approved by the County Planning
Dept. and also the Town Planning Board. Correcting this
situation will better protect the Aquifer.
The Engineer from Cortland Pump Equip. Co.
explained that they will be replacing an 8,000 gallon,
underground tank for a 10,000 gallon, above ground
tank.The tank will be self -diked, with a concrete base,
as required, and shall have a roof over it. Bushes will
be planted around the area, which shall make it
invisible from the road.
Questions of the Fire Commissioners that were in
attendance, were answered.
Doug Withey, expressed concern about any tank being
located at their location. A discussion followed whereby
it was stated that Bestway is voluntarily changing this
from an underground tank.
The analysis of the County Planning Dept. was read.
The County Health Dept. has also reviewed the
application.
A discussion was held explaining the exact location
of the tank.
There being no further comments, Councilman Testa
made a motion, seconded by Councilman O'Donnell, to
adjourn the Public Hearing. All voting aye, the motion
was carried.
The Public Hearing was adjourned at 7:45 p.m.
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Wednesday, November 4, 1992 7:45 P.M.
PUBLIC HEARING
PRELIMINARY BUDGET FOR THE YEAR 1993
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 November 4, 1992 at 7:45 p.m. in
regards to the 1993 Preliminary Budget of the Town.
Members present: Supervisor, Raymond Thorpe
Councilman, Edwin O'Donnell
Councilman, Theodore Testa
Councilman, Donald Beard
Councilman, Ronal Rocco
Town Clerk, Pauline Parker
Others present were: Town Attorney, Phillip Rumsey;
Highway Superintendent, Carl Bush; Town Assessor, David
Briggs; Town Bookkeeper, Marsha Hicks; Town Typist; Edna
Puzo; Cortlandville Fire Commissioners: Robert Payne,
Jack Harvey, Doug Staley and Angelo Cincotta; many
residents from the Town and Newsreporter, Jon Blackwell.
The Public Hearing was called to order by
Supervisor Raymond Thorpe at 7:45 p.m.
The Town Clerk read aloud the Legal Notice as
posted and filed.
Supervisor Thorpe explained the procedure required
to prepare a budget for the Town. The budget presented
calls for a tax decrease of 22 cents. He reviewed the
tax rates of the Town for past years, and explained the
reasons why they have been consistent.
Supervisor Thorpe offered the privilege of the
floor to those present for comments or questions.
A town resident requested the Town Board to review
the law relating to the budgets submitted by the
Fireman. Fire Commissioner President, Robert Payne, and
Supervisor Thorpe reported that this would have to be
referred to their attorney for review.
Fire Commissioner Payne reported that the voting
referendum for a new truck has been withdrawn.
Funding for the projects recently turned down by
voter approval was not included in the 1993 budget.
Many concerns were heard about the budget submitted
by the Fire District which showed a large increase.
Supervisor Thorpe apprised the Fire Commissioners
that it would be possible to submit a revised budget
before the next Town Board meeting. The budget must be
adopted at that time.
The Town Board members praised the service that has
been provided by their department in the past. Others
in attendance concurred, however it is difficult to
accept a fifty three cent increase for 1993.
There being no further comments, Councilman
O'Donnell made a motion, seconded by Councilman Testa,
to close the Public Hearing. All voting aye, the motion
was carried.
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The Public Hearing was closed at 8:15 p.m.
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Wednesday, November 4, 1992 7:00 P.M.
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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, on November 4, 1992, at 7:00
p.m. with Supervisor Raymond Thorpe presiding.
Members present: Supervisor, Raymond Thorpe
Councilman, Edwin O'Donnell
Councilman, Theodore Testa
Councilman, Donald Beard
Councilman, Ronal Rocco
Town Clerk, Pauline Parker
Others present were: Town Attorney, Phillip Rumsey;
Highway Superintendent, Carl Bush; Town Assessor, David
Briggs; Town Bookkeeper, Marsha Hicks; Town Typist; Edna
Puzo; Cortlandville Fire Commissioners: Robert Payne,
Jack Harvey, Doug Staley and Angelo Cincotta; Town
Residents, Mr. & Mrs. Harvey Hull; and Newsreporter, Jon
Blackwell.
The Town Board Meeting was called to order by
Supervisor Raymond Thorpe at 7:00 p.m., followed by the
Pledge of Allegiance.
Councilman O'Donnell made a motion, seconded by
Councilman Beard, to approve as written, the Town Board
Minutes of September 16, and October 5, 1992. All
voting aye, the motion was carried.
Councilman O'Donnell made a motion, seconded by
Councilman Testa, to receive and file the Cortlandville
Planning Board Minutes of July 28, 1992. All voting
aye, the motion was carried.
Councilman Beard made a motion, seconded by
Councilman O'Donnell, to receive and file the Zoning
Board of Appeals Minutes of September 22, 1992. All
voting aye, the motion was carried.
RESOLUTION #218 AUTHORIZE PAYMENT OF VOUCHERS
NOVEMBER
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 #399 -
415
$ 2,922.25
General Fund B
101 -
104
4,002.32
Highway Fund
354 -
373
46,770.28
Water Fund
206 -
215
4,429.72
Sewer Fund
108 -
110
176.51
Capital Projects
82 -
85
96,485.35
The reports of the various departments are on the
table for review, and are available for inspection, upon
request, in the Town Clerks Office.
NOVEMBER 4, 1992
PAGE 2
Councilman Testa made a
Councilman O'Donnell, to receive
Sewer Departments Aging List.
motion was carried.
motion, seconded by
and file the Water and
All voting aye, the
RESOLUTION #219 ACKNOWLEDGE RECEIVING LETTER FROM
NYS DEC IN REGARDS TO EXPENSES
INCURRED FOR THE DRUM REMOVAL OF
HAZARDOUS WASTE AT THE SOUTH HILL
DUMP IN CORTLANDVILLE
Motion by Councilman O'Donnell
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
WHEREAS, a certified letter was received by Supervisor
Thorpe from NYS DEC in regards to expenses incurred for
drum removal of hazardous waste at the South Hill Dump
in Cortlandville, which occurred on March 28, 1992, and
WHEREAS, the NYS DEC advised that the Town is considered
responsible for the expenses incurred for the drum
removal in the amount of $22,123.67, and
WHEREAS, Supervisor Thorpe contacted Mr. Paul McCarthy
of the NYS DEC in regards -to this amount and requested
an itemized statement of the cost, therefore
BE IT RESOLVED, that the certified letter from the NYS
DEC is hereby acknowledged and shall be receive and
filed.
RESOLUTION #220 AUTHORIZE PARTICIPATION IN "HOLIDAY
ON ICE1° PROGRAM WITH THE CORTLAND
YOUTH BUREAU FOR THE 1992 HOLIDAY
SEASON
Motion by Councilman Testa
Seconded by Councilman O'Donnell
VOTES: ALL AYE ADOPTED
WHEREAS, a request was received from Francis Tokar,
Director of the Cortland Youth Bureau asking the Town to
participate again this year for the Cortland Holiday on
Ice Program, therefore
BE IT RESOLVED, that the Town Board does hereby
authorize participation of the "Holiday On Ice"
Program held at the SUNY Ice Arena, and further
RESOLVED, that the budget officer shall forward $275.00
for the Town's cost of the program.
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RESOLUTION #221 AUTHORIZATION TO TRANSFER MONIES
Motion by Councilman O'Donnell
Seconded by Councilman Beard
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, that the Budget Officer is hereby
authorized and directed to transfer $500.00 from water
account F1990.4 (Contingency) to F8330.4 (Purification)
to balance the 1992 budget.
NOVEMBER 4, 1992 PAGE 3
RESOLUTION #222 APPROVE WATER AND SEWER PLUMBERS
APPLICATION OF JOHN P. REILLY
Motion by Councilman Beard
Seconded by Councilman O'Donnell
VOTES: ALL AYE ADOPTED
WHEREAS, an application was submitted by John P.
Reilly, d/b/a Construction Concepts, RD #1 Box 55F-4,
Friendsville, Pa. 18818, to be allowed to make water and
sewer connections within the Town, and
WHEREAS, such application included references and
previous experience, therefore
BE IT RESOLVED, that the application submitted by John
P. Reilly is hereby approved.
RESOLUTION #223 ACCEPT AN ADDITION TO TOWN SEWER
LINES AS PROPOSED BY RENAISSANCE
DEVELOPER - LEE AMBROSE
Motion by Councilman Testa
Seconded by Councilman O'Donnell
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, that the Town of Cortlandville will
accept an addition to the Town sewer system, as proposed
to be constructed by Lee Ambrose and as designed by
Novelli & Co., consulting Engineers, and intended to be
accessible to Lot 8 in the Renaissance Development area
and others, subject to final plan approval as to
necessary specifications by the Town Engineer, and
further subject to Town inspections as the extension is
constructed.
Councilman O'Donnell made a motion, seconded by
Councilman Testa, 'to recess the regular meeting to hold
a Public Hearing for Bestway Enterprises Aquifer Permit
and a Public Hearing for the 1993 Town Budget. All
voting aye, the motion was carried.
Councilman O'Donnell made a motion, seconded by
Councilman Testa, to reconvene the regular meeting
following the Public Hearings. All voting aye, the
motion was carried.'
Councilman O'Donnell made a motion, seconded by
Councilman Testa, to receive and file a copy of a letter
sent to Cortland Mayor Ronald Walsh from Homer Mayor
Mary Alice Bellardini. All voting aye, the motion was
carried.
The letter requested that the non -voting members
from the Villages of Homer and McGraw and the Town of
Cortlandville, be allowed to become voting members of
the Cortland Wastewater Treatment Plant Board.
Supervisor Thorpe reported that he recently
attended a seminar in Syracuse regarding collateral
requirements for banks relating to deposits by the Town.
Suggestions were given as to what process the banks can
use to satisfy these requirements.
Doug Withey of the City of Cortland Water Board
reported that they are now using 3rd party participation
now. Supervisor Thorpe stated that the Town does too.
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NOVEMBER 4, 1992 PAGE 4
RESOLUTION #224 DECLARE NEGATIVE IMPACT - AQUIFER
SPECIAL PERMIT #5 OF 1992 - BESTWAY
ENTERPRISES INC.
Motion by Councilman Rocco
Seconded by Councilman Beard
VOTES: ALL AYE ADOPTED
WHEREAS, Bestway Enterprises iNc. has submitted an
application requesting a Special Aquifer Permit to
replace an underground tank with an above ground tank
for storage of diesel fuel on their property on the
northwesterly side of Luker Road, 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 approval of
this project, and
WHEREAS, the Town Board, as Lead Agent, has completed
the short Environmental Assessment form for SEQRA,
therefore
BE IT RESOLVED, the Town Board does hereby declare the
proposed project of Bestway Enterprises Inc., Aquifer
Permit #5 of 1992, shall have no significant impact on
the environment.
RESOLUTION #225 APPROVE AQUIFER SPECIAL PERMIT #5 OF
1992 FOR BESTWAY ENTERPRISES INC.
Motion by Councilman Rocco
Seconded by Councilman O'Donnell
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby approve
Aquifer Special Permit #5 of 1992, submitted by Bestway
Enterprises Inc., and
RESOLVED, the Supervisor is hereby authorized to sign
-the permit.
Supervisor Thorpe expressed concern about the speed
limit and the street lighting on Tompkins Street Ext. in
the area of the Key Bank. A fatality has just occurred
there and these factors were part of the scenario.
RESOLUTION #226 AUTHORIZE REQUEST FOR ADDITIONAL
STREET LIGHTING ON TOMPKINS STREET
Motion by Councilman Testa
Seconded by Councilman O'Donnell
VOTES: ALL AYE ADOPTED
WHEREAS, the street lights located on Tompkins St. Ext.,
or Route 13, in the area of Cortland Estates Mobil Home
Park, are faced to illuminate the trailer park instead
of the highway, and
WHEREAS, the speed limit increases from 30 mph to 45 mph
at the City of Cortland Line, therefore
BE IT RESOLVED, that the Supervisor is hereby authorized
to contact Niagara Mohawk Power Corp. to request that
the safety hazards of the street lighting conditions on
Tompkins St. Ext., or Route 13 be corrected.
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NOVEMBER, 1992
PAGE 5
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Russell Bean, Route 41, McGraw, NY asked which
agency issues a permit for the storage of contaminated
soil at ERI in Polkville. He advised that 45,000 ton
of soil is there now, and wondered when the permit
expires.
He was referred to NYS DEC as they are issuing the
permits.
Congratulation were expressed to Supervisor, Ray
Thorpe and Councilman, Donald Beard for their election
victory by those in attendance.
Victor Loomis, of Conable Ave. asked if there were
any plans of extending Town Sewer Lines to his area.
Drainage in the area is bad due to the clay base soil.
Supervisor Thorpe stated that it was the intention
of this Board to extend lines to those areas of high
concentration and require contractors to install lines
when a new development is approved.
A discussion was held concerning growth within the
Town. New business, manufacturing, as well as new
developments are needed, and sometimes decisions must be
made to accomplish this which does not please everyone.
A discussion was held concerning the audit
procedures done by the state. The Fire Dept. is audited
the same way the Town and County records are audited.
The Fire Commissioner's vote will occur on December
8, 1992 from 6:00 - 9:00 pm at the Fire Station. A
residence requirement must be met. The term is for
five years.
There being no further business, Councilman Testa
made a motion, seconded by Councilman O'Donnell, to
adjourn the meeting. All voting aye, the motion was
carried.
The meeting was adjourned at 8:45 p.m.
Res p ctfuly submitted,
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Pauline H. Parker, CMC
Town Clerk
Town of Cortlandville