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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.
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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.
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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.
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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.
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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
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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
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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;
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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.
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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.
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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,
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Pauline H. Parker, MC
Town Clerk
Town of Cortlandville
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