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HomeMy WebLinkAbout07-06-1994230 Wednesday, July 6, 1994 7:00 P.M. PUBLIC HEARING LOCAL LAW NO. 1 FOR THE YEAR 1994 ZONE CHANGE FOR PARCEL OF LAND LOCATED ON ROUTE 41 APPLICATION - DOUGLAS STALEY A Public Hearing was held by the Town Board of the Town of Cortlandville on July 6, 1994 at 7:00 p.m. at the Town Hall, 15 Terrace Road, Cortland, New York with Supervisor Raymond Thorpe presiding. Members present: Supervisor, Raymond Thorpe Councilman, Theodore Testa Councilman, Edwin O'Donnell Councilman, John Pilato Town Clerk, Pauline Parker Absent: Councilman, Ronal Rocco Others present: Town Attorney, John Folmer; Highway Supt., Carl Bush; Dennis Mulcahy of Resource Associates; Gary Keller of United Methodist Church; Town residents, Doug Staley and Debbie Lane, and Newsreporter, Trish Hansen. The Public Hearing was called to order by Supervisor Raymond Thorpe at 7:00 p.m. The Town Clerk read aloud the Legal Notice as posted and filed. Supervisor Thorpe offered privilege of the floor to those in attendance. Attorney Folmer advised the Town Board that the Town and County Planning Boards have approved the request for a zone change, as submitted. Because the property across the road is zoned Industrial, this request would not create "spot zoning." Supervisor Thorpe reported that no one has expressed any opposition to this change. No further comments or questions were heard. Councilman O'Donnell made a motion, seconded by Councilman Testa, to close the Public Hearing. All voting aye, the motion was carried. The Public Hearing was closed at 7:05 p.m. 1 1 21-.1' Wednesday, July 6, 1994 7:00 P.M. TOWN BOARD MEETING The Regular Meeting of the Town Board of the Town of Cortlandville was held at 7:00 p.m. at the Town Hall, 15 Terrace Road, Cortland, New York with Supervisor, Raymond Thorpe presiding. Members present: Supervisor, Raymond Thorpe Councilman, Theodore Testa Councilman, Edwin O'Donnell Councilman, John Pilato Town Clerk, Pauline Parker Absent: Councilman, Ronal Rocco Others present: Town Attorney, John Folmer; Highway Supt., Carl Bush; Dennis Mulcahy of Resource Associates; Gary Keller of United Methodist Church; Town residents, Doug Staley and Debbie Lane, and Newsreporter, Trish Hansen. The Meeting was called to order by Supervisor Thorpe at 7:05 p.m., following a Public Hearing for Local Law No. 1 of 1994 - Zone Change - Douglas Staley. Councilman O'Donnell made a motion, seconded by Councilman Testa, to approve, as written, the Town Board Minutes of May 04, 1194 and May 18, 1994. All voting aye, the motion was carried. Councilman Pilato made a motion, seconded by Councilman O'Donnell, to receive and file the Zoning Board of Appeals Minutes of May 19, 1994. All voting aye, the motion was carried. RESOLUTION #109 AUTHORIZE PAYMENT OF VOUCHERS Motion by Councilman Testa 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 #241 - 270 $13,421.02 General Fund B 42 - 56 $17,971.69 Highway Fund DB 221 - 256 $54,634.89 Water Fund 147 - 159 $ 2,004.80 Sewer Fund 74 - 78 $ 8,550.87 Capital Projects 12 - 15 $16,506.99 Councilman O'Donnell requested privilege of the floor. He reported that he received a letter from Gerald Malchak, 2272 Ridge Road, McGraw, NY. Copies were also sent to other Town and County Officials. His property is located near the Polkville area. The letter expressed concern about large trucks left running for long periods of time at the Exit 10 Truckstop on Route 11 in Polkville. The noise and regular smell of diesel fumes is an annoyance. Another concern is the dust created from the traffic in and out of their business. In dry weather, the visibility 232 JULY 6, 1994 TOWN BOARD MEETING conditions can be worse than a winter areas in the state have regulations for He requested assistance from the Tow problems. PAGE 2 whiteout. Other these problems. n regarding these Supervisor Thorpe reported that he spoke with CEO Bruce Weber about this. There are no Town regulations regarding these problems. He stated that because food is being served at that location, this also could be a health concern. A discussion was held by the Town Board and those in attendance. The Town Attorney will make contacts to see if a sample code is available from General Codes or other areas. Councilman O'Donnell asked if a letter could be sent to the involved property owners advising them of public concerns. Reports of various departments are on the table for review, and are available for inspection, upon request, in the Town Clerk's office. Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and file a letter from NYS DOT concerning the Chips program. All voting aye, the motion was carried. It was reported the State Legislature has approved the CHIPS program for 1994-95 and the Town will receive $48,662.09, in quarterly payments, which is an increase from last year. Councilman O'Donnell made a motion, seconded by Councilman Pilato, to receive and file a letter from Town Justice, Mardis Kelsen. All voting aye, the motion was carried. The letter advised that $2,000.00 was paid to the Town from interest earned by her department for time payments of fines, etc. Attorney Folmer reported that a response from Judge Loomis is expected soon after July 15th concerning the Hearing with the Railroad concerning the Loope Road Crossing. The railroad has until July 15, 1994 to respond to the questions raised at the Hearing. Judge Loomis will make his determination then. Councilman Testa made a motion, seconded by Councilman Pilato, to receive and file a copy of the letter dated June 20, 1994, sent to the New York Susquehanna & Western Railroad, from Judge Peter S. Loomis. All voting aye, the motion was carried. The letter included questions asked the railroad, that they need to respond to, because no one appeared from the railroad at the hearing. Councilman Testa made a motion, seconded by Councilman Pilato, to receive and file a letter from the NYS DOT regarding additional rail freight frequency at the Loope Road Railroad Crossing. All voting aye, the motion was carried. New trains, operating twice daily, will commence on or about August 1, 1994, in addition to the train traffic currently operating there. 1 1 233 JULY 6, 1994 TOWN BOARD MEETING PAGE 3 RESOLUTION #110 SET DATE FOR A PUBLIC HEARING ON JULY 20, 1994 AT 5:00 P.M. FOR UNITED FIRST METHODIST CHURCH AQUIFER SPECIAL PERMIT Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE ADOPTED WHEREAS, an application for an Aquifer Special Permit has been submitted by the United First Methodist Church, and was forwarded to the Town and County Planning Boards for their review and recommendations, therefore BE IT RESOLVED, a Public Hearing shall be scheduled for July 20, 1994 at 5:00 p.m., as required. Councilman Testa made a motion, seconded by Councilman O'Donnell, to receive and file a letter from EMS Consulting, Buffalo, IVY. All voting aye, the motion was carried. The letter related to the Top's Supermarket proposed project regarding Traffic Impact Mitigation. Councilman Pilato made a motion, seconded by Councilman Testa, to receive and file a letter received from NYS D.O.T., dated June 28, 1994. All voting aye, the motion was carried. The letter responded to the letter from EMS Consulting, concerning requested the Top's construction proposed project, and schedule. Resource Engineering was to provide that information. RESOLUTION #111 ACKNOWLEDGE REPLY FROM NYS D.O.T. RE: SEQR - TOPS'S SUPERMARKET Motion by Councilman Testa Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED WHEREAS, per Resolution #03, adopted January 4, 1994, the Town Board of the Town of Cortlandville was declared "Lead Agency" in accordance with SEQR laws, and WHEREAS, NYS Department of Transportation was identified as an involved agency, and notification of this project was sent to them as required, and WHEREAS, NYS D.O.T. received and reviewed the information, therefore BE IT RESOLVED, the Town Board does hereby acknowledge the response, dated March 7, 1994, SEQR -Determination of Significance, from NYS D.O.T., for Top's Supermarket proposed project. RESOLUTION #112 SET DATE FOR A PUBLIC HEARING ON JULY 20, 1994 AT 5:15 P.M FOR TOP'S SUPERMARKET - BENDERSON-CORTLAND Motion by Councilman Testa Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED WHEREAS, an Aquifer Special Permit application, #3 of 1994, was submitted by Benderson - Cortland Associates on behalf of Top's Supermarket, and 234 JULY 6, 1994 TOWN BOARD MEETING PAGE 4 WHEREAS, such application was referred to Town and County Planning Boards for their review and recommendations, and has been accomplished, therefore BE IT RESOLVED, a Public Hearing shall be scheduled for July 20, 1994 at 5:15 p.m., as required. RESOLUTION #113 ADOPT LOCAL LAW NO 1 OF 1994 PROVIDING FOR A ZONE CHANGE OF A PARCEL OF LAND ON THE ZONING MAP ADOPTED BY LOCAL LAW NO. 1 OF 1986 Motion by Councilman Testa Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board of the Town of COrtlandville does hereby adopt Local Law No. 1 of 1994, providing for a Zone Change of a Parcel of land on the Zoning Map adopted by Local Law No. 1 for the year 1986 as follows: Section 1. The Zoning Map of the Town of Cortlandville heretofore adopted by Local Law No. 1 for the year 1986 is hereby amended by changing the parcel of land bordering U.S. Highway Route 11 and known as Cortlandville Tax Map No. 87.00-02-01.000 (Douglas Staley) from "Agriculture" to "Industrial" Zone designation. Said zone change shall be entered on said Zoning Map. The change herein affects a total of 22+ acres. Section 2. This Local Law shall take effect in accordance with the provisions of the Municipal Home Rule Law. RESOLUTION #114 DECLARE NO PETITION FILED REGARDING KINGSLEY AVENUE WATER IMPROVEMENT PROJECT Motion by Councilman Pilato Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED WHEREAS, The Town Board adopted Resolution #96 on May 18, 1994, to establish the Kingsley Avenue Water Improvement Project, subject to permissive referendum, therefore BE IT RESOLVED, No Petition was filed objecting to the proposed project. RESOLUTION #115 DECLARE NO PETITION FILED REGARDING LUKER ROAD SEWER IMPROVEMENT 1994 PROJECT Motion by Councilman Pilato Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED WHEREAS, the Town Board adopted Resolution #97 on May 18, 1994, to establish the Luker Road Sewer Improvement ,235 JULY 6, 1994 TOWN BOARD MEETING PAGE 5 1994 Project, subject to permissive referendum, therefore BE IT RESOLVED, No Petition was filed objecting to the proposed project. Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and file the notification from Fay's Incorporated. All voting aye, the motion was carried. Fay's Inc. are renewing their Off -Premises Drug Store Beer/Wine Product License at their store location at 231 Groton Ave., Cortland, NY. Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and file the "Notice of Petition" received from New York Telephone Company, concerning Tax Assessment. All voting aye, the motion was carried. RESOLUTION #116 ACCEPT TAX COLLECTORS 1994 REPORT Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, the 1994 Tax Collector's Annual Report is accepted, and shall be received and filed. Tax Collector, Pauline Parker, reported that she collected $2,969.43 in interest and $15,219.06 in penalties, which has been paid to the Town. Attorney Folmer reported that the interest rates have gone up from 3.5 to 3.85, for the purposes of renewing the BAN's for Starr Road Water and Sewer Projects. It is planned to have these projects bonded when the projects are complete, which should happen in another 90 days, according to the Town Engineer. Attorney Folmer advised that he would be out of town for the August 17, 1994 meeting. His partner will cover for him, as agreed. Councilman O'Donnell made a motion. seconded by Councilman Pilato, to receive and file the information from Village of Homer Mayor. All voting aye, the motion was carries. The information related to Susquehanna River Basin Commission proposing a tax, based on water consumption, to assist in funding for areas other than ours. Councilman Testa made a motion, seconded by Councilman O'Donnell, to receive and file information received from the Village of McGraw. All voting aye, the motion was carried. The information advised that they would be named Lead Agent, conforming with SEQRA, for a Replacement Water Supply Well, in the Polkville area. The CEO will take this information to the Town Planning Board. 236 JULY 6, 1994 TOWN BOARD MEETING PAGE 6 RESOLUTION #117 AUTHORIZE HIGHWAY SUPT. TO LET OUT FOR BID FOR HIGHWAY GARAGE - PHASE ONE - IMPROVEMENT PROJECT Motion by Councilman O'Donnell Seconded by Councilman Pilato VOTES: ALL AYE ADOPTED WHEREAS, the Highway Garage, located on Polkville Road, needs many repairs and improvements to accommodate their needs, and the Town Board has decided to accomplish this in segments, which would eliminate the need for bonding, and WHEREAS, funds for this project are included in the 1994 budget,therefore BE IT RESOLVED, the Highway Supt. is hereby authorized and directed to let out for bid, Phase 1 for the Highway Garage. Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and file a letter of June 29, 1994, from NYS D.O.T. All voting aye, the motion was carried. The letter advised of the #222 from Groton to Cortland, to This would allow the Town time sewer lines were anticipated for The information has been Engineer. rehabilitation of Route commence in April 1995. to proceed if water and that area. given to the Town RESOLUTION #118 AUTHORIZE COURT CLERKS TO ATTEND SEMINAR AND ADVANCE MONIES TO COVER COSTS OF MEALS ETC. Motion by Councilman Testa Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED, Justice Court Clerks, Mary Caufield and Peggie Capps are hereby authorized to attend the Advanced Court Clerk's Seminars to be held on July 24- 28, 1994, at St. Lawrence University, and further RESOLVED, that they shall be to cover cost of meals etc. seminar, and receipts shall Board for audit. advanced $100, per person, while at attendance of such be submitted to the Town RESOLUTION #119 AUTHORIZE WATER AND SEWER DEPT. TO ADJUST CHARGES TO ACCOMMODATE POOL FILLS BY TOWN RESIDENTS Motion by Councilman O'Donnell Seconded by Councilman Pilato VOTES: ALL AYE ADOPTED WHEREAS, Town Water and Sewer Lines have been expanded to many residential areas of the Town, and swimming pools are being installed by many, and WHEREAS, frequent request have been received from residents for an adjustment to their sewer bill, because of using the water to fill their pools, and not going into the sewer lines, and I 37 JULY 6, 1994 TOWN BOARD MEETING PAGE 7 WHEREAS, the Town Board has honored these requests in the past, therefore BE IT RESOLVED, the Water and Sewer Department are hereby authorized to adjust sewer charges of Town users, upon request, when water consumption was used for pool fills, unless such consumption is less, and the minimum charge would apply. Councilman O'Donnell made a motion, seconded by Councilman Testa, to adjourn the meeting. All voting aye, the motion was carried. The meeting was adjourned at 7:45 p.m. 'Re pectfu` y s bmitted, Pauline H. PArker, CMC Town Clerk Town of Cortlandville 1