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.
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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
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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.
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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
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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
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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.
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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
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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
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