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Home My WebLink About09-20-1995�2"o SEPTEMBER 20, 1995 5:00 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 September 20, 1995 at 5:00 p.m. at the Cortlandville Town Hall, 3577 Terrace Road, Cortland, New York, concerning an Aquifer Permit. The application is from Bestway Enterprises, Inc., to permit them to construct a pre-engineered metal building 120' x 150' for lumber storage, and the modification of a shed • by opening two sides for use in their shipping business. 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; Town Typist, Edna Puzo; Attorney, Richard Shafer and John Buck; Town resident, Vicky Doyle and News Reporter, Lisa Hutchurson. Supervisor Thorpe called the Public Hearing to order at 5:00 p.m. The Town Clerk read aloud the Legal Notice, as posted and filed. Supervisor Thorpe apprised those in attendance that the County Planning Board and the Cortlandville Town Planning Board have recommended approval of this application, with the condition that quarterly groundwater monitoring data be provided to the County Health and Planning Departments, in a timely manner. Supervisor Thorpe offered those in attendance privilege of the floor. Councilman O'Donnell stated that this will be an improvement for Bestway Enterprises, Inc. No other comments or questions were heard. Councilman Testa made a motion, seconded by COuncilman Pilato, to close the Public Hearing. All voting aye, the motion was carried. The Public Hearing was closed at 5:05 p.m. 121 SEPTEMBER 20, 1995 TOWN BOARD MEETING 5:00 P.M. The Regular Town Board Meeting of the Town of Cortlandville was held on September 20, 1995 at 5:00 p.m. at the Town Hall, 3577 Terrace Road, Cortland, New York with Supervisor 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; Town Typist, Edna Puzo; Attorney, Richard Shafer and John Buck; Town resident, Vicky Doyle and News reporter, Lisa Hutchurson. Supervisor Thorpe called the meeting to order at 5:05 p.m following a Public Hearing. Councilman Pilato made a motion, seconded by Councilman Rocco, to approve, as written, the Cortlandville Town Board Minutes of August 02, 1995. All voting aye, the motion was carried. Councilman O'Donnell made a motion, seconded by Councilman Testa, to approve, as written, the Cortlandville Town Board Minutes of August 16, 1995. All voting aye, the motion was carried. Councilman Rocco made a motion, seconded by Councilman O'Donnell, to receive and file the Cortlandville Zoning Board of Appeals Minutes of August 29, 1995. All voting aye, the motion was carried. Councilman O'Donnell reported that he recently met with members of the McGraw Village Board, David Plew, Joe Eggleston, and Carl Bush, to discuss the Bennett Street bridge. The County has requested the Village to choose a location, and present a plan so the County could establish a cost figure for the chosen site. The County has recommended that the bridge not be left at the current site. Village Board members reported that they have ® recently purchased land at the end of Bennett Street to construct their new well. They have provided all information and plans to Resource Associates and have requested them to review and advise. Highway Supt., Carl Bush suggested and is checking to see if it would be feasible for the Town to purchase the old rail road tracks, still owned by the railroad. This would allow for placement of future utility lines of the area. Councilman Rocco stated that he has had many phone calls from residents which are confused about the new billing system from the local cable company. The billing cycle and payment location has changed. He has tried to contact Mr. Casey, General Manager at Empire Cablecomm, to inform him that residents should be notified before a billing system is changed. 142 SEPTEMBER 20, 1995 TOWN BOARD MEETING PAGE 2 Councilman Rocco also expressed concern about the junk cars on Terrace Rd. across from Town Hall. Attorney Folmer explained the process and advised that CEO, Bruce Weber, is checking on this. RESOLUTION #162 AUTHORIZE PAYMENT OF VOUCHERS SEPTEMBER Motion by Councilman O'Donnell Seconded by Councilman Testa • VOTES: ALL AYE ADOPTED BE IT RESOLVED, that the vouchers submitted have been audited and shall be paid as follows: General Fund A Vouchers #395 - 409 $ 17,415.17 General Fund B 123 - 133 $ 3,128.82 Highway Fund DE 352 - 370 $ 84,277.30 Water Fund 238 - 250 $ 4,162.98 Sewer Fund 113 - 124 $ 826.89 Capital Projects 48 - 54 $112,121.37 The Justice Report of August 1995, was submitted for review and is available, upon request, in the Town Clerk's Office. RESOLUTION #163 DECLARE NEGATIVE IMPACT FOR AQUIFER PERMIT # 6 OF 1995 - BESTWAY ENTERPRISES, INC. LOCATED AT 3877 LUKER ROAD Motion by Councilman Rocco Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED WHEREAS, a Aquifer Special Permit application was submitted by Bestway Enterprises, Inc. for the construction of a pre-engineered metal building 120'x 150' for lumber storage, and the modification of a shed by opening two sides for use of shipping business, and WHEREAS, a Public Hearing was duly held by the Town Board, and WHEREAS, the Town Board, as Lead Agent, 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 #164 APPROVE AQUIFER PERMIT # 6 OF 1995 FOR BESTWAY ENTERPRISES, INC. Motion by Councilman Rocco Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED WHEREAS, the Cortland County Planning Board and the Cortlandville Town Planning Board have reviewed and recommended approval, with conditions, therefore 123 SEPTEMBER 20, 1995 TOWN BOARD MEETING PAGE 3 BE IT RESOLVED, the Town Board does hereby approve Aquifer permit #6 of 1995, submitted by Bestway Enterprises Inc., located at 3877 Luker Road, with the following condition: 1.) The quarterly groundwater monitoring data derived from all monitoring wells on their property shall be sent to the Cortland County Health and Planning Departments, in a timely manner, and FURTHER RESOLVED, the Supervisor is hereby authorized and directed to sign the permit. Councilman Rocco made a motion, seconded by Councilman O'Donnell, to receive and file the notice received from Earl and Betty Wild, owner of the Golden Lunch Restaurant, advising of their intent to renew their beer and wine license.. All voting aye, the motion was carried. Attorney Charles Shafer, representing John Buck, addressed the Town Board. Mr. Buck has applied for a five lot subdivision for his property located on Route 11 South in Polkville. Upon approval of the subdivision by the Town Planning Board, Mr. Buck would like to dedicate the road and sewer line, installed by him, to the Town. These installations were approved, after construction, by the Town Engineer and Town Highway Supt. He has submitted a letter, dated Sept.13, 1995, requesting the Town to consider waiving the sewer benefit tax on the undeveloped lots. Supervisor Thorpe stated that similar requests have been submitted in the past. After the lines are installed, inspected, and dedicated to the Town, the Town Board has amended the Water and Sewer Benefit Tax Formula, allowing developers a 50a deduction of the sewer benefit tax on any undeveloped lot, until the parcel is sold or a building is placed there. Attorney Shafer and Mr. Buck expressed pleasure of this ruling. They will proceed, as required, with their project. RESOLUTION #165 ACCEPT SEWER EASEMENTS FROM WILLIAM AND PAMELA RAINEY AND NANCY AMBROSE FOR THEIR PROPERTIES ON DAVINCI DR. Motion by Councilman Rocco Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED WHEREAS, Mr. and Mrs. William Rainey and Nancy Ambrose have prepared and submitted sewer easements to the Town Attorney, for their properties located on Davinci Drive, and WHEREAS, the Town Engineer has reviewed and approved the map and easements, therefore BE IT RESOLVED, the Town Board does hereby accept the easements for sewer purposes and further RESOLVED, the Town Attorney will record and file the easements, as required. 12 SEPTEMBER 20, 1995 TOWN BOARD MEETING PAGE 4 RESOLUTION #166 AUTHORIZE SUPERVISOR TO SIGN PURCHASE AGREEMENT FOR LAND OWNED BY ROBERT GOODALE ON RT. 215 Motion by Councilman Rocco Seconded by Councilman Pilato VOTES: ALL AYE ADOPTED WHEREAS, a purchase agreement has been drafted and submitted for approval, for property owned by Robert Goodale on Rt. 215, for 6.08 acres, plus a right -of way, for the Town to construct a new water tank on, in the amount of $30,328.50, therefore BE IT RESOLVED, the Supervisor is hereby authorized and directed to sign the purchase agreement. Attorney Folmer reported on the following: Cellular Tower Permit Denial: He is scheduled to appear in Court in Ithaca on September 21, 1995 at 3:00 p.m. to represent the Town. Zoning violations, Darling property on Page Green Road: He recently visited the property and will confer his findings with CEO Bruce Weber. They will process the information, as necessary, to be prepared for the next scheduled court date, which is October 02, 1995. William McDermott subdivision: He has just received paperwork relating to this and will need time to review. The Town Board requested a discussion of the process to regulate the location of an establishment for adult entertainment in the Town of Cortlandville. Attorney Folmer reported that he received copies of Ordinances from other locations regarding this. These could be used as a guideline for the Town. These could not be considered while there was a pending application. Since the application has been withdrawn, now is the proper time to consider this. The Town Planning Board had other options to have considered for the application they received. RESOLUTION 4167 DIRECT TOWN ATTORNEY TO DRAFT AN ORDINANCE REGARDING AN ADULT ENTERTAINMENT ESTABLISHMENT IN THE TOWN OF CORTLANDVILLE Motion by Councilman Rocco Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED, The Town Attorney is hereby authorized and directed to confer with the Towns CEO, and together draft an amendment to the Town's Zoning Ordinance regarding regulations concerning the establishment of adult entertainment in the Town, and present for review. Councilman Rocco made a motion, seconded by Councilman Pilato, to receive and file a letter received from Attorney, Francis Casullo, regarding a tax exemption request for Jim May, for his business located on. Route 281. All voting aye, the motion was carried. Attorney Folmer will respond to the letter explaining the tax exemption process, and time frame. 125 SEPTEMBER 20, 1995 TOWN BOARD MEETING PAGE 5 RESOLUTION #168 AUTHORIZE SUPERVISOR TO FORWARD REQUEST FOR A TRAFFIC LIGHT TO COUNTY HIGHWAY SUPERINTENDENT Motion by Councilman Rocco Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED WHEREAS, a letter drafted by Dr. Pierre Martin and signed by other Doctors in the Commons Ave. Doctors • Offices, was submitted to the Town Board, and advised of concerns for their patients attempting to enter or exit Commons Ave. from NYS Route 281 because of the very heavy flow of traffic there, and WHEREAS, the Doctors have requested installation of a traffic light to be installed at the intersection of Commons Avenue and NYS Route 281, therefore BE IT RESOLVED, the Supervisor is hereby authorized and directed to forward a copy of the letter from Dr. Pierre Martin to County Highway Superintendent, Walt Tennant for his review and recommendation, and further RESOLVED, the letter shall be received and filed. RESOLUTION #169 AUTHORIZE WAIVER OF PERMIT FEE FOR PROPERTY AT 4354 NYS ROUTE 281, OCM BOCES PROJECT Motion by Councilman Testa Seconded by Councilman Pilato VOTES: ALL AYE ADOPTED WHEREAS, a request was made by OCM BOCES to waive any permit fees to allow their students to practice their skills by finishing the construction of the house located at 4354 NYS Route 281, and WHEREAS, the house was donated to them by the property owner, Suit-Kote Corp., for a Community Service Project, therefore BE IT RESOLVED, the Town Board does hereby waive the building permit fee for OCM BOLES. RESOLUTION #170 RESOLUTION TO BE PAID DIRECTLY ALL ® OF TOWN'S SHARE OF COUNTY SALES TAX Motion by Councilman O'Donnell Seconded by Councilman Pilato VOTES: ALL AYE ADOPTED RESOLVED, that the Town of Cortlandville pursuant to Tax Law Section 1262 elects to be paid directly all of its share of county sales taxes which would otherwise be applied to reduce the county taxes levied upon real property in the Town of Cortlandville, and be it further RESOLVED, that pursuant to Town Law Section 1262, this resolution shall be effective commencing with calendar year 1996, and it is further RESOLVED, that the Cortlandville Town Clerk shall forward a certified copy of this Resolution to the Cortland County Treasurer and the Cortland County Director of Real Property Tax Services. 12 SEPTEMBER 20, 1995 TOWN BOARD MEETING PAGE 6 Councilman Rocco made a motion, seconded by Councilman O'Donnell, to recess the regular meeting and convene to an executive session, to discuss possible land acquisition. All voting aye, the motion was carried. The following information was received from the Supervisor's office. Councilman Rocco made a motion, seconded by Councilman Testa, to adjourn the executive session and reconvene the regular meeting. All voting aye, the motion was carried. No action was taken. Councilman Pilato made a motion, seconded by Councilman Rocco, to adjourn the regular meeting. All voting aye, the motion was carried. The regular meeting was adjourned at 7:48 p.m. Respe/ tful, y sub itted, Pauline H. Parker, CMC Town Clerk Town of Cortlandville O 1 �1 I 1