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HomeMy WebLinkAbout10-05-19942`&7 Wednesday, October 05, 1994 7:00 P.M. PUBLIC HEARING AQUIFER PERMIT - MOHAWK VALLEY OIL A Public Hearing was held by the Town Board of the Town of Cortlandville on October 05, 1994 at 7:00 p.m. at the Town Hall, 3577 Terrace Road, Cortland New York, concerning an Aquifer Permit request from Mohawk Valley Oil for the demolition of existing office and gasoline outlet, retaining above -ground bulk plant; constructing a separate office, warehouse, gasoline and convenience store outlet; underground storage facilities to remain on premises, with upgrades, located at 3817 Route 11, & Intersection of Route 41, Cortland, New York. Members present: Supervisor, Raymond Thorpe Councilman, Theodore Testa Councilman, Edwin O'Donnell Councilman, Ronal Rocco Councilman, John Pilato Town Clerk, Pauline Parker Others present were: Town Attorney, John Folmer; Highway Superintendent, Carl Bush; Mohawk Valley Oil representatives, Michael Roehm and Raymond Russell; Mr. Doug Withey and John Helgren; and newsreporter, Trish Hansen. Supervisor Thorpe called the Public Hearing to order at 7:00 p.m. The Town Clerk read aloud the Legal Notice as posted and filed. Michael Roehm, representing Mohawk Valley Oil, advised that they wish to make extensive improvements that would enhance the appearance of this property, and increase their business. Councilman O'Donnell asked if they were installing new tanks. Raymond Russell of Mohawk Valley Oil explained that the four underground tanks, replaced about four years, ago would remain. They are expanding their capacity, and new ones will be added. They are working together with Joan Guard of the County Health Dept. and Tom Cookingham of County Planning, concerning Stormwater and roof runoff. No other comments or questions were heard. Councilman Testa made a motion, seconded by Councilman Rocco, to close the Public Hearing. All voting aye, the motion was carried. The Public Hearing was closed at 7:05 P.M. 268 Wednesday, October 05, 1994 7:00 P.M. PUBLIC HEARING AQUIFER SPECIAL PERMIT - JOHN R. CONGDON WITHDREW BY APPLICANT A Public Hearing was scheduled by the Town Board of the Town of Cortlandville, on October 5, 1994 at 7:00 P.m., concerning an Aquifer Special Permit application, submitted by John R. Congdon, to allow construction of a new 4,000 square foot structure for a parts and service operation associated with a proposed new car dealership to include accessory uses, including parking for approximately 66 cars. Supervisor Thorpe advised, and read aloud, a letter from Attorney, Donald C. Armstrong, representing John Congdon, that they withdrew their application for an Aquifer Special Permit as it was determined by the Town Zoning Officer that it was not necessary. E 1 1 Wednesday, October 05, 1994 7:30 P.M. PUBLIC HEARING NYS ROUTE 222 WATER IMPROVEMENT PROJECT - 1994 A Public Hearing was held by the Town Board of the Town of Cortlandville on October 05, 1994 at 7:30 p.m. at the Town Hall, 3577 Terrace Road, Cortland, New York, concerning the NYS Route 222 Water Improvement Project- 1994. Members present: Supervisor, Raymond Thorpe Councilman, Theodore Testa Councilman, Edwin O'Donnell Councilman, Ronal Rocco Councilman, John Pilato Town Clerk, Pauline Parker Others present were: Town Attorney, John Folmer; Highway Superintendent, Carl Bush; Mohawk Valley Oil representatives, Michael Roehm and Raymond Russell; Cortland Water Board representatives, Doug Withey and John Helgren; and newsreporter, Trish Hansen. The Public Hearing was called to order by Supervisor Raymond Thorpe at 7;30 p.m. The Town Clerk read aloud the Legal Notice as posted and filed. Councilmen explained that the new water line will extend from the Town main at the intersection of NYS Route 281 and NYS Route 222 to Lyncort Drive. This new water line will take care of those residents in that area that have expressed concern about polluted well water in the past. No other comments or questions were heard. Councilman Rocco 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 7:35 p.m. Wednesday, October 05, 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, 3577 Terrace Road, Cortland, New York with Supervisor Raymond Thorpe presiding. Members present: Supervisor, Raymond Thorpe Councilman, Theodore Testa Councilman, Edwin O'Donnell Councilman, Ronal Rocco Councilman, John Pilato Town Clerk, Pauline Parker Others present were: Town Attorney, John Folmer; Highway Superintendent, Carl Bush; Mohawk Valley Oil representatives, Michael Roehm and Raymond Russell; Mr. Doug Withey and John Helgren; Mr. and Mrs. Richard Reyome of Blodgett Mills and newsreporter, Trish Hansen. The Meeting was called to order by Supervisor Thorpe at 7:05 p.m. following Public Hearings. Councilman O'Donnell made a motion, seconded by Councilman Pilato, to approve, as written, t6eTown Board Minutes of August 03,1994 and August 17, 1994. All voting aye, the motion was carried. RESOLUTION #156 AUTHORIZE PAYMENT OF VOUCHERS OCTOBER 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 #359 - 384 $23,948.03 General Fund B 76 - 82 $ 5,189.41 Highway Fund DB 378 - 386 $ 5,671.36 Water Fund 232 - 247 $26,906.76 Sewer Fund 110 - 116 $33,940.82 Capital Projects 23 - 25 $ 714.03 Councilman O'Donnell asked Attorney Folmer if he has anything to report concerning the problems in Blodgett Mills. Attorney Folmer reported that he went to Blodgett Mills and met with four residents that reside there. There are several problems there. Of the two residences mentioned, there are cars everywhere, with various stages of disrepair. Some of these could be in violation of Town Codes. Others may be the responsibility of the County Health Dept., which he will contact. Because of moving his office, time has not allowed him to meet with Bruce Weber, Code Enforcement Officer. Remedial action should be taken, and he will have more to report at the next meeting. Further discussion was held concerning the problems. E OCTOBER 05, 1994 TOWN BOARD MEETING PAGE 2 Attorney Folmer reported: Blodgett Mills Railroad Crossing: nothing to report. We are waiting the decision from Judge Loomis. Trucks idling: Information received did not apply to our situation. He has made another request for more information. Monthly reports of Town Clerk, Zoning Officer, and Quarterly reports of the Water and Sewer Dept., are on the table for review, and are available for inspection, upon request, in the Town Clerk's Office. Supervisor Thorpe mentioned that the difference between water pump reading and meter reading has been reduced dramatically. Our loss of water dues to leaking has been improved. At one time, it was about 40% and is now reduced to 180. Councilman Rocco asked if the loss of Smith Corona has effected us. Carl Bush advised that it would not have had a large impact on us because they were using water from their owns wells for manufacturing purposes. Councilman Rocco made a motion, seconded by Councilman O'Donnell, to receive and file correspondence received from Sammons Communications, Inc.. All voting aye, the motion was carried. They requested the Town to consent to the transfer and assignment of their franchise to Fanch Communications of New York, L.P. No action was taken. The information received has been sent to Cable Commissioner, James Buttino, for review. RESOLUTION #157 DECLARE TOWN BOARD AS LEAD AGENT AND REVIEW AND DECLARE NEGATIVE IMPACT OF SEQRA, FOR MOHAWK VALLEY OIL INC. AQUIFER PERMIT #6 OF 199A Motion by Councilman Rocco Seconded by Councilman Testa VOTES: ALL AYE ADOPTED WHEREAS, an Aquifer Special Permit application was submitted by Mohawk Valley Oil Inc. requesting permission for the demolition of existing office and gasoline outlet; retaining above -ground bulk plant; constructing a separate office, warehouse, gasoline and convenience store outlet; underground storage facilities to remain on premises, with upgrades thereto, for their property located at 3817 Route 11 and Intersection of Route 41, in the Town of Cortlandville, and WHEREAS, a Public Hearing was duly held by the Town Board, therefore BE IT RESOLVED, the Town Board shall be declared as Lead Agent for the project and have duly reviewed and completed the SEQRA, Short Environmental Assessment Form for Mohawk Valley Oil Aquifer Protection Permit #6 of 1994, and declared such project will have no environmental impact, and BE IT FURTHER RESOLVED, that the Supervisor is hereby authorized and directed to sign the SEQRA application. 272 OCTOBER 05, 1994 TOWN BOARD MEETING PAGE 3 RESOLUTION #158 APPROVE AQUIFER SPECIAL PERMIT #6 OF 1994, WITH CONDITIONS, FOR MOHAWK VALLEY OIL INC. Motion by Councilman Rocco Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby approve Aquifer Special Permit #6 of 1994, submitted by Mohawk Valley Oil, Inc., with the following conditions as recommended from the Cortland County Planning Board and Town Planning Board,: 1.) The potable water supply well should be sampled for Total Petroleum Hydrocarbons, benzene, toluene, and xylene at the time of on -site tank removal. Analysis should be conducted by a certified laboratory with sample results submitted to the Cortland County Health Department. Z.) Stormwater from the building roof should be directed directly into the ground and kept separate from runoff from the parking/fuel storage area. 3.) Stormwater runoff from the parking/fuel storage area should be directed away from the potable water supply, toward grassed filtered strips prior to infiltration. and RESOLVED, the Supervisor is hereby authorized to sign the application. Councilman Rocco made a motion, seconded by Councilman O'Donnell, to receive and file a notice received from Virgil Town Clerk, Linda Helms, advising of a Public Hearing to be held at Virgil Town Hall, on Goober 06, 1994 at 7:00 p.m. for a proposed Local Law amending the Town of Virgil Zoning Law and Zoning Map, as indicated in the notice. All voting aye, the motion was carried. Copies were distributed to Town Board members. Councilman Rocco made a motion, seconded by Councilman Testa, to receive and file a notice received from The American Legion, Milo C. Neeley Post, in McGraw advising of their intent to renew their Liquor license. All voting aye, the motion was carried. RESOLUTION #159 ACKNOWLEDGE RECEIVING 1995 TENTATIVE BUDGET Motion by Councilman O'Donnell Seconded by Councilman Pilato VOTES: ALL AYE ADOPTED BE IT RESOLVED, that the Town Clerk presented the 1995 Tentative Budget to members of the Cortlandville Town Board, in accordance with Town Law. Supervisor Thorpe discussed facts of the Tentative Budget. He reminded everyone, this budget is only a wish list of department heads, and will be adjusted through the budget process. He explained that at this point, there is very ,2.7 3 OCTOBER 05, 1994 TOWN BOARD MEETING PAGE 4 little known as to what will happen with the sales tax monies. To explain the impact to the Town, he reported as follows: If the Town was to get the same amount of sales tax monies that was received last year, the tax rate, based on the Tentative Budget, would increase from $1.55 to $2.18 per thousand. This will be reduced by the budget process, the workshops. He requested the Bookkeeper to compute what the tax rate would be if the Town was short by $600,000., a figure at random, for a loss of sales tax revenues. She reported the rate would increase from $1.55 to $4.99 per thousand. if the Town received no sales tax monies the ta.x rate would go up to $10.57 per thousand. A discussion was held concerning the status of this issue, whereby the City of Cortland is requesting a change in the distribution of sales tax monies. The matter has not been determined by the County Legislature yet. Councilman O'Donnell made a motion, seconded by Councilman Testa, to recess the regular meeting to conduct a Public Hearing in regards to the Route 222 Water Improvement Project. All voting aye, the motion was carried. Councilman Rocco made a motion, seconded by Councilman Testa, to reconvene the Regular Meeting. All voting aye, the motion was carried. RESOLUTION #160 RESOLUTION OF THE TOWN OF CORTLANDVILLE, NEW YORK, ADOPTED OCTOBER 05, 1994, APPROVING THE CONSTRUCTION OF THE WATER IMPROVEMENT WITHIN THE AREA OF THE TOWN OUTSIDE OF VILLAGES, NYS ROUTE 222 WATER IMPROVEMENT PROJECT, WHICH AREA HAS BEEN DETERMINED TO BE THE BENEFITED AREA, AND MAKING OTHER DETERMINATIONS IN CONNECTION THERE- WITH Motion by Councilman Rocco Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED WHEREAS, the Town Board of the Town of Cortlandville, in the County of Cortland, New York (herein called "Town Board" and "Town" respectively), proposed to construct a water improvement, consisting of the construction of an extension to existing water mains in a westerly direction along Route 222 for a distance of approximately 7400 feet to provide service for additional residential and commercial residents of said area in accordance with the map, plans and report heretofore prepared therefor by Hayne W. Smith, Town Engineer, Pursuant to the direction of the Town Board and now on file in the Office of the Town Clerk of the Town (the "Water Improvement"), including structures, land or rights in land, original furnishings, equipment, machinery, and apparatus required therefor, at the estimated maximum cost of $304,000, all within the unincorporated area of the Town outside of any villages, which area has been determined to be the benefited area (herein referred to as the "Benefited Area"), pursuant to Article 12-C of the Town Law, in accordance with such map, plan and report; and 274 OCTOBER 05, 1994 TOWN BOARD MEETING PAGE 5 WHEREAS, the Town Board has given due consideration to the impact that the water improvement may have on the environment and, on the basis of such consideration, the Town Board has found that no substantial adverse environmental impact will be caused by the water improvement; and WHEREAS, the Town Board and the Town have complied in every respect with all applicable federal, state and local laws and regulations regarding environmental matters, including compliance With the New York State Environmental Quality Review Act, comprising Article 8 of the Environmental Conservation Law and, in 'connection therewith, a duly executed Short Environmental Assessment Form has been filed in the office of the Town Clerk; and WHEREAS, the maximum amount proposed to be expended for the construction of such water improvement is $304,000, which is planned to be financed by the issuance of serial bonds of the Town and the levy and collection of special assessments from the several lots and parcels of land within the Benefited Area which the Town Board shall determined to be especially benefited by said Water Improvement, so much upon and from each as shall be in just proportion to the amount of benefit which the Water Improvement shall confer upon the same, to pay the costs of principal of and interest on said bonds as the same shall become due and payable 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 Water Improvement; and WHEREAS, the annual cost of operation and maintenance of said Water Improvement shall be paid with a charge upon the entire area of the Town outside of any villages by the imposition of water rates, charges and fees upon all such lots heretofore and hereafter serviced by the Water Improvement; and WHEREAS, the Town Board has determined to proceed with the construction of such Water Improvement and adopted an order on September 21, 1994, reciting a description of the improvements proposed, a description of the proposed benefited area, the estimated maximum amount proposed to be expended for the Water Improvement which amount is proposed to be financed by the issuance of bonds of the Town, the proposed method of financing to be employed, the fact that a map, plan and report describing the same are on file in the Town Clerk's Office for public inspection and specifying October 05, 1994, at 7:30 o'clock P.M. (Prevailing Time) as the time when, and the Town Hall,. in the Town, as the place where, the Town Board would meet to consider the construction of such Water Improvement and to hear all persons interested in the subject thereof concerning the same, and for such other action on the part of the Town in relation thereto as may be required by law; an WHEREAS, certified copies of such order were duly published and posted pursuant to provisions of Article 12-C of the Town Law; and a public hearing to consider the construction of the proposed Water Improvement was duly held by the Town Board on the 5th day of October, 1994 commencing at 7:30 o'clock P.M. (Prevailing Time) at the Town Hall, in the Town, at which all interested persons desiring to be heard were heard, including those in favor of, and those opposed to, the construction of said Water Improvement; D OCTOBER 05, 1994 TOWN BOARD MEETING PAGE 6 NOW, THEREFORE, upon the evidence adduced at such public hearing, be it RESOLVED BY THE TOWN BOARD OF THE TOWN OF CORTLANDVTLLE, IN THE COUNTY OF CORTLAND, NEW YORK, AS FOLLOWS: Section 1. It is hereby determined that: (a) the notice of public hearing was publ-i.shed and posted as required by law, and is otherwise sufficient; (b) all the property in the proposed Benefited Area is benefited by the Water Improvement and all the property benefited by the Water Improvement is includea in the proposed Benefited Area; and (c) it is in the public interest to construct the Water Improvement, described in the recitals hereof, with the Benefited Area, at the estimated maximum cost of $304,000. Section 2. The construction of the Water Improvement within the Benefited Area is hereby approved, as hereinabove described, and such facilities are hereby authorized to be constructed, as set forth in said Order Calling Public Hearing, within the Benefited Area, the Town, situate wholly outside of any incorporated village, and said Benefited Area is more particularly bounded and described as follows: The entire area of the Town outside of any villages. Section 3. The maximum amount proposed to be expended for said improvements is $0304,000 which is planned to be financed by the issuance of serial bonds of the Town and the levy and collection of special assessments from the several lots and parcels of land within the Benefited Area which the Town Board shall determine to be especially benefited by such Water Improvement, so mi-ich upon and from each as shall be in just proportion to the amount of benefit which such Water improvement shall confer upon the same, to pay the costs of principal of and interest on said bonds as the same shall become due and payable provided, that it is the intention of the Town Board t-riat 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 Water Improvement. Section 4. The annual cost of operation and maintenance of said Water Improvement shall be paid with a charge upon the entire area of the Town outside of anv villages, which area has been determined to be the benefited area (herein referred to as the" Benefited Area"), pursuant to Article 12-C of the Town Law, in accordance with such map,, plan and report. Section 5. The Town Clerk of the Town is hereby authorized and directed to record a certified copy of this resolution, within ten (10) days of the adoption thereof, in the office of the County Clerk of Cortland County. Section 6. This resolution shall take effect immediately. 276 OCTOBER 05, 1994 TOWN BOARD MEETING PAGE 7 Mr. John Helgren of Resource Associates, and Mr. Doug Withey of The Cortland Water Board, explained their project and plans to construct a new Water Tank on Saunders Road, on 18.64 acres, in the Town. This will require an Aquifer Permit approval. This tank will be constructed similar to our Blue Creek Water Storage Tank, and will provide water services to 'the City of Cortland. RESOLUTION #161 REFER AQUIFER PERMIT FROM CORTLAND WATER BOARD TO TOWN AND COUNTY PLANNING BOARDS AND SET DATE FOR A PUBLIC HEARING Motion by Councilman Testa Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED WHEREAS, an Aquifer Special Permit application has been submitted by Cortland Water Board to construct a water storage facility on Saunders Road, therefore BE IT RESOLVED, that this application for an Aquifer Special Permit, #8 of 1994, from the Cortland City Water Board, be referred to the Town and County Planning Boards for their review and recommendations, and BE IT FURTHER RESOLVED, that a Public Hearing shall be held on November 02, 1994 at 7:00 p.m.. RESOLUTION #162 SET DATE FOR PUBLIC HEARING FOR 1995 PRELIMINARY BUDGET AND PROVIDE COPIES FOR THE PUBLIC Motion by Councilman Rocco Seconded by Councilman Pilato VOTES: ALL AYE ADOPTED BE IT RESOLVED, that a Public Hearing shall be held on November 02, 1994 at 7:00 p.m., at the Town Hall to review the 1995 Town of Cortlandville Preliminary Budget, and further RESOLVED, that the Town Clerk shall prepare 25 copies of such preliminary budget to have accessible for public review no later that October 27, 1994. RESOLUTION #163 SET DATE OF NOVEMBER 16, 1994 TO ADOPT THE 1995 ANNUAL BUDGET Motion by Councilman Rocco Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board shall take action to adopt the 1995 Annual Budget on November 16, 1994, at the regular scheduled meeting. Supervisor Thorpe apprised the Town Board of a letter received from Middle Department Inspection Agency Inc. of West Chester, Pa.. They have requested permission to do electrical inspections in the Town. He discussed this with Bruce, as their letter OCTOBER 5, 1994 TOWN BOARD MEETING PAGE 8 indicated they were doing business in many municipalities within the County. Bruce checked with several Towns in the area, and no one had heard of them, nor were they using them. A discussion was held whereby Councilman Rocco feels that competition for the inspection service for the Town would be a good idea. He feels that the fee schedule could benefit from that. Councilman Testa stated that Town Board should invite them to a Town Board meeting to discuss the fee and their service. Supervisor Thorpe will contact the company to request further information. No action was taken. Supervisor Thorpe reported that he was contacted by a resident asking if we had an ordinance relating to planting of trees too close to property lines. Attorney Folmer will check on this and report back to the Board. Supervisor Thorpe reported that he received a phone call from a resident on Cosmos Hill Road with complaints of garbage cans not being picked up after the garbage hauler have picked up the trash. Supervisor Thorpe suggested this person talk to -the neighbor who has left out the trash cans and voice his concerns personally to this neighbor. RESOLUTION #164 AUTHORIZE PARTICIPATION IN "HOLIDAY ON ICE" PROGRAM WITH CORTLAND YOUTH BUREAU FOR THE 1994 HOLIDAY SEASON Motion by Councilman O'Donnell Seconded by Councilman Testa 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 in 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 SUNY Ice Arena, and further RESOLVED, that the Budget Officer is hereby authorized and directed to forward $275.00 for the Town's cost of the program. Councilman Testa made a motion, seconded by Councilman Rocco, to recess the Regular Meeting and convene to an executive session, to discuss a matter of pending legislation. All voting aye, the motion was carried. The following information was received from the Supervisors office. Councilman O'Donnell made a motion, seconded by Councilman Testa, to adjourn the executive session, and reconvene the regular meeting. All voting aye, the motion was carried. 278 OCTOBER 05, 1994 TOWN BOARD MEETING PAGE 9 No action was taken. Councilman Rocco made a motion, seconded by Councilman Pilato, to adjourn the Regular Meeting. All voting aye, the motion was carried. The Regular Meeting was adjourned at 8:22 p.m. rResp ctfu ly subm tted, I Pauline H. Parker, MC Town Clerk Town of Cortlandville 1