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Home My WebLink About05-03-199561 MAY 03, 1995 7:00 P.M. PUBLIC HEARING BESTWAY ENTERPRISES, INC. - AQUIFER PERMIT - 1995 A Public Hearing was held by the Town Board of the Town of Cortlandville on May 03, 1995 at 7:00 p.m. at the Cortlandville Town Hall, 3577 Terrace Road, Cortland, New York, concerning an Aquifer Permit. The request is for removal of an existing containment pad and construction of a roofed over containment pad for the purpose of air drying lumber. Members present: Supervisor, Raymond Thorpe Councilman, Theodore Testa Councilman, Edwin O'Donnell Councilman, Ronal Rocco Town Clerk, Pauline Parker Absent: Councilman, John Pilato Others present were: Town Attorney, John Folmer; Highway Superintendent, Carl Bush; Town Typist, Edna Puzo; Architect, Karl Wendt, Town residents, Mrs. Vicky Boyle of Page Green Road and Mr. Gerald Cornell of McLean Rd., and News Reporter, Lisa Hutchurson. 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. Supervisor Thorpe offered those in attendance privilege of the floor. Architect, Karl Wendt explained that E.P.A. has mandated the removal of the existing pad, to be replaced with one which will accommodate containment of drippings from all weather elements. This will reduce possible ground contamination. Basically this is for replacement and refinement of their business operations. Highway Supt., Carl Bush, explained factors of the dry well located there. No further questions or comments 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 7:10. 62 MAY 03, 1995 TOWN BOARD MEETING 7:00 P.M. 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, following a Public Hearing concerning Bestway Enterprises, Inc. - Aquifer Permit. Members present: Supervisor, Raymond Thorpe Councilman, Theodore Testa Councilman, Edwin O'Donnell Councilman, Ronal Rocco Town Clerk, Pauline Parker Absent: Councilman, John Pilato Others present were: Town Attorney, John Folmer; Highway Superintendent, Carl Bush; Town Typist, Edna Puzo; Architect, Karl Wendt, Town residents, Mrs. Vicky Boyle of Page Green Road and Mr. Gerald Cornell of McLean Rd., and News reporter, Lisa Hutchurson. Councilman O'Donnell made a motion, seconded by Councilman to approve, as written, the Cortlandville Town Board Minutes of March 15, 1995 and March 29, 1995. All voting aye, the motion was carried. RESOLUTION #87 AUTHORIZE PAYMENT OF VOUCHERS FOR Motion by Councilman O'Donnell Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED General Fund A Vouchers #189 - 208 $ 3,769.03 General Fund B 34 - 36 $ 3,986.15 Highway Fund 159 - 170 $ 11,079.73 Water Fund 106 - 115 $ 38,984.63 Sewer Fund 58 - 59 $ 1,993.20 Capital Projects 8 - 13 $162,200.84 Privilege of the floor was given to Town resident, Gerald Cornell of the McLean Road. Mr. Cornell submitted a petition with 45 names on it requesting the continuance of the reduced speed limit of 45 mph on McLean Road from Deerfield Heights to the County Line. He also submitted pictures of locations where accidents have occurred which involved fatalities. When school is in session there are several buses on the road. In the winter there are approximately 300 salt trucks, along with other heavy trucks using the road. Because of their speed, they cannot stop for the buses. He has contacted the State and they have informed him that they will check the history of fatalities on McLean Road. They also advised him to present a petition to this board. Dryden School is also sending a letter to accompany this petition and request. I. • 1 • 63 MAY 03, 1995 TOWN BOARD MEETING PAGE 2 RESOLUTION #88 RECEIVE AND REFER PETITION TO LOWER SPEED LIMIT ON MCLEAN ROAD TO COUNTY AND NYS DOT FOR APPROVAL Motion by Councilman O'Donnell Seconded VOTES: by Councilman Rocco ALL AYE ADOPTED WHEREAS, a petition was submitted to the Town Board from the residents of McLean Road, and bus drivers from a ® local School District, requesting the speed limit be lowered to 45 mph between Deerfield Heights and Tompkins County Line, due to excessive speeding and numerous accidents with fatalities in the area, and WHEREAS, McLean Road is designated a County Road, therefore BE IT RESOLVED, the Town Board shall hereby acknowledge such petition, and shall receive and file, and forward the petition to the County Highway Superintendent, for review and recommendation, and then forwarded to the New York State Department of Transportation, for review and approval. Reports of the Town Clerk and Tax Collector for the month of April 1995, are on the table for review, and are available, upon request, in the Town Clerk's Office. RESOLUTION #89 DECLARE PROCLAMATION FOR MUNICIPAL CLERKS WEEK MAY 7TH - MAY 13, 1995 Motioned by Councilman O'Donnell Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED BE IT RESOLVED, that the Town Board of the Town of Cortlandville does hereby proclaim the week of May 7 to May 13, 1995 to be Municipal Clerks week. Councilman Rocco made a motion, seconded by Councilman O'Donnell, to receive and file copies of letters from Engineer, John MacNeill sent to NYS DEC. and the US Army Corps of Engineers. All voting aye, the motion was carried. The letters addressed to Mr. John Merriman, NYS DEC, Cortland, NY and Mr. Joseph Kassler, US Army Corps of Engineers, Buffalo, NY, advised that Albany International is withdrawing their application to remove isthe dam on their property in the-Tioughnioga River. RESOLUTION #90 DECLARE NEGATIVE IMPACT FOR AQUIFER PERMIT #4 OF 1995 - BESTWAY ENTERPRISES LOCATED AT 3877 LUKER ROAD Motion by Councilman O'Donnell Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED WHEREAS, an Aquifer Special Permit application was submitted by Bestway Enterprises for removal of an existing containment pad and construction of a roofed over concrete containment pad, for the purpose of air drying lumber, and 64 MAY 03, 1995 TOWN BOARD MEETING PAGE 3 WHEREAS, a Public Hearing was duly held by the Town Board, and WHEREAS, the Town Board, as Lead Agency, duly reviewed and completed the Short Environmental Assessment Form, therefore BE IT RESOLVED, the Town Board, as Lead Agent, does , hereby declare the proposed project of Bestway Enterprises Inc. shall have no significant environmental impact, and further RESOLVED, the Supervisor is hereby authorized and directed to sign the SEQRA application. RESOLUTION #91 APPROVE AQUIFER PERMIT #4 OF 1995 FOR BESTWAY ENTERPRISES INC Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE ADOPTED WHEREAS, the Cortland County Planning Board and the Cortlandville Town Planning Board have reviewed and recommended approval, with conditions, therefore BE IT RESOLVED, the Town Board does hereby approve Aquifer Permit #4 of 1995, submitted by Bestway Enterprises Inc., located at 3877 Luker Road, with the. following conditions: 1.) The groundwater monitoring program at Bestway Enterprises, Inc. be continued as per a letter from John Buck, P.E. of Buck Environmental Services dated April 17, 1995. 2.) All groundwater monitoring data be sent to the Cortland County Health and . Planning Departments. FURTHER RESOLVED, the Supervisor is hereby authorized and directed to sign the permit. Attorney Folmer reported on the following: RE: Blodgett Mills Code Violation Received a call from a resident in the area advising of another problem starting at the same location. He will check it out. He was also advised of a zoning violation at another site. He will check it out and discuss the is with CEO, Bruce Weber. RE: Gerald Darling Code Violation An inspection was made. Within a week he will be filing the information with Justice Kelsen's office, charging a violation of the Towns Zoning Ordinance. RE: Seminar in Rochester on Environmental Concerns One day Seminar, mid June 1995, cost is approximately $175.00. Mr. Folmer will check his schedule and will be asking permission to attend. RE: Requested an Executive Session at the conclusion-, of tonight's meeting to discuss pending litigation. 65 MAY 03, 1995 TOWN BOARD MEETING PAGE 4 RESOLUTION #92 ACCEPT RESIGNATION OF JULIENE K. RAY AS CORTLANDVILLE PLANNING BOARD AND ZONING BOARD OF APPEALS SECRETARY Motion by Councilman Rocco Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, the resignation of Juliene K. Ray , as Secretary of the Cortlandville Planning Board and ® Cortlandville Zoning Board of Appeals, is hereby accepted, with regrets, and shall be effective June 01, 1995, and FURTHER RESOLVED, the Supervisor is hereby authorized and requested to send a letter, on behalf of all Board Members, for a job well done. RESOLUTION #93 AUTHORIZE APPOINTMENT OF JOAN FITCH AS SECRETARY TO THE CORTLANDVILLE PLANNING BOARD AND ZONING BOARD OF APPEALS Motion by Councilman O'Donnell Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby authorize the appointment of Joan Fitch, 44 Elm St., McGraw, NY, as secretary to the Cortlandville Board of Appeals, effective Planning June 1, Board and Zoning 1995, as an independent contractor, DBA PTS, Part Time Secretary, at a fee of $15.00 per hour, no mileage nor payment of income tax or social security. RESOLUTION #94 AUTHORIZE EXTENSION OF BID FOR CASE TRUCKING FOR CRUSHED LIMESTONE MATERIALS FOR THE HIGHWAY DEPT. Motion by Councilman Rocco Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED WHEREAS, per Resolution #66, adopted April 1, 1992, the bid schedule submitted by Case Trucking was approved and awarded, therefore BE IT RESOLVED, the Town Board does hereby authorize an extension of the bid from April 1, 1995 to March 31, 1996. RESOLUTION #95 ACCEPT EASEMENTS FROM NIAGARA MOHAWK TO INSTALL ELECTRICAL SERVICE LINES AT CORTLANDVILLE CITIZENS PARK Motion by Councilman Rocco Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED WHEREAS, per Resolution #61 adopted March 15, 1995, authorization was given to install electric service at the Cortlandville Citizens Park, therefore BE IT RESOLVED, the Underground Line Easement, including fee of $1.00, and the Electric and Telephone Easement, including fee of $1.00, received from Niagara Mohawk Power Corporation is hereby accepted and shall be received and filed. UJ MAY 03, 1995 TOWN BOARD MEETING PAGE 5 RESOLUTION #96 PROCLAIM MAY 14 - 20, 1995 TO BE EMERGENCY MEDICAL SERVICES WEEK Motion by Councilman Testa Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED BE IT RESOLVED, that the Town Board of the Town of Cortlandville does hereby proclaim the week of May 14 to May 20, 1995 as Emergency Medical Services Week. RESOLUTION #97 AUTHORIZE CASH ADVANCE FOR RT 222 WATER AND MIDTOWN SEWER PROJECTS Motion by Councilman Rocco Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, the :Budget Officer is hereby authorized and directed to transfer $114,583.15 from Water Surplus Funds into Rt. 222 Water Improvement Project and transfer $47,603.74 from Sewer Surplus Funds into Midtown Sewer Improvement Project. Attorney Folmer reported that two Bond Anticipation Notes are due on June 23, 1995 for Starr Road Water and Sewer. These will be replaced by bonding. Other projects that are ready to start the bonding process are Luker Road Water, NYS Route 222 Water, Lyncort Drive Water, Kingsley Avenue Water, and Mid -Town Sewer Projects. Mr. Folmer has contacted Bond Council in NY to prepare the paperwork for their review. Another Bond resolution may have to be adopted, to accomplish, for the Mid -Town Sewer Project due to the fact that the project was done in 1993. He will advise if this is necessary. He has contacted Mr. Alvord of the First National Bank regarding the purchasing of the bonds or bond notes. Interest rates will be determined at a later time. An application is required, which he will do. Attorney Folmer expressed concern about the process, used to date. Confusion has occurred with the different departments as they perform their required duties. Attorney Folmer will set up a procedure document to assist with this. It will display the procedure from the time the projects are commenced until the time we need to bond them. He will review this with the Town Engineer, Highway Supt., Bookkeeper, and any others involved and present it to the Town Board for • review. This would accomplish a record that everyone can rely on, and work with. RESOLUTION #98 APPOINT ANDREW PIERCE AS SUMMER RECREATION DIRECTOR FOR THE CORTLANDVILLE CITIZENS PARK Motion by Councilman Testa Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED, that the Town Board does hereby appoint Andrew Pierce as Summer Recreation Director for the Cortlandville Citizens Park to replace Mike Andrews, and FURTHER RESOLVED, that Andrew Pierce will be paid $6.25 per hour, retroactive from April 26, 1995 67 MAY 03, 1995 TOWN BOARD MEETING PAGE 6 RESOLUTION #99 APPOINT TRAVIS ROCCO AS SUMMER RECREATION MAINTENANCE FOR THE CORTLANDVILLE CITIZENS PARK Motion by Councilman Testa Seconded by Councilman O'Donnell VOTES: AYE O'Donnell, Testa, Thorpe Abstained: Councilman Rocco ADOPTED 40 BE IT RESOLVED, that the Town Board does hereby appoint Travis Rocco as Summer Recreation Maintenance for the Cortlandville Citizens Park to replace Jeff Andrews, and FURTHER RESOLVED, that Travis Rocco will be paid $5.00 per hour, retroactive from April 26, 1995. RESOLUTION #100 AUTHORIZE SUPERVISOR TO FORWARD LETTERS TO STATE OFFICIALS FOR ADOPTION OF BILLS RELATING TO "MINIMUM MAINTENANCE HIGHWAYS" Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE - ADOPTED BE IT RESOLVED, the Supervisor is hereby authorized and requested to send letters to State Officials, of support for the passage of Senate Bill #5.3160 and Assembly Bill #A.5428 regarding "Minimum Maintenance Highway". RESOLUTION #101 APPROVE PLUMBERS APPLICATION FOR MICHAEL M. MAHOOL Motion by Councilman Rocco Seconded by Councilman Testa VOTES: ALL AYE ADOPTED WHEREAS, an application was submitted by Michael M. Mahool, 6 Beaver Creek Road, Brooktondale, NY, for approval to install water and sewer services in the Town, and WHEREAS, such application included references and previous experience, as required, and WHEREAS, Water and Sewer Superintendent has reviewed and recommended approval of the application, therefore is Mahool IT RESOLVED, the application submitted by Michael M. Mahool is hereby approved by the Town Board and shall be added to the Plumbers List of the Town.. Councilman Testa made a motion, seconded by Councilman O'Donnell, to recess the Regular Meeting and convene to an Executive Session to discuss Litigation. All voting aye, the motion was carried. Councilman Rocco made a motion, seconded by Councilman O'Donnell, to recess the Executive Session and reconvene to the Regular Meeting. All voting aye, the motion was carried. M MAY 03, 1995 TOWN BOARD MEETING PAGE 7 Councilman Rocco made a motion, seconded by Councilman O'Donnell to adjourn the Executive Session and return to the Regular Meeting. All voting aye, the motion was carried. RESOLUTION #102 AUTHORIZE SUPERVISOR TO FORWARD A REQUEST TO THE COUNTY TREASURERS OFFICE TO PURCHASE PROPERTY ON THE BACON ROAD Motion by Councilman Rocco Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED WHEREAS, the County Treasures Office has advertised a parcel of land located on the Bacon Road that will be auctioned off for back taxes owed, and WHEREAS, the Highway Supt. has requested that this be purchased by the Town to used as a turn -around for our snowplows in the winter, therefore BE IT RESOLVED, the Supervisor is hereby authorized and directed to forward a request to the County Treasurer to purchase parcel #98.00-01-40 for the amount due from taxes. 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 8:05 p.m. Respe�Ctful,yfsubm tted, 'Pauline H. Parker, CMC Town Clerk Town of Cortlandville 1 0 0 1