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HomeMy WebLinkAbout06-05-1996245 • C� JUNE 05, 1996 7:00 P.M. REX RADIO & TELEVISION, INC. - AQUIFER PERMIT A Public Hearing was held by the Town Board of the Town of Cortlandville on June 05, 1996 at 1:00 p.m. at the Cortlandville Town Hall, 3577 Terrace Road, Cortland, New York, concerning an Aquifer Permit for Rex Radio & Television, Inc. to construct a Retail Electronics and Appliance Facility to be located on NYS Route 281 (Tax Map #95.16-01-18.000, and 95.16-01- 20.000) property owned by Melvin & Phil Simon. 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 were: Town Attorney, John Folmer; Highway Supt, Carl Bush; Town Typist, Edna Puzo; representing 84 Lumber, Patrick O'Brian; representing Rex Television & Appliances, David Yaman, Melvin Simon and Engineer, Gary Wood; and Newsreporter, Sarah Fulmer. 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. Supervisor Thorpe stated that County and Town Planning Boards have reviewed and recommended approval of this application. No other questions or comments 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 7:10 p.m. 241P JUNE 05, 1996 PUBLIC HEARING 7:00 P.M. PIERCE HARDY LIMITED PARTNERSHIP - AQUIFER PERMIT A Public Hearing was held by the Town Board of the Town of Cortlandville on June 05, 1996 at 7:00 p.m. at the Cortlandville Town Hall, 3577 Terrace Road, Cortland, New York, concerning an Aquifer Permit for Pierce Hardy Limited Partnership, to construct a Retail Lumber Store with outside covered storage for lumber • products to be located at 795,801 Route 13 (Tax Map #105.00-01-21.000, and 105.08-01-09.000) property owned by Lawrence & William Ellis. 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 were: Town Attorney, John Folmer; Highway Supt, Carl Bush; Town Typist, Edna Puzo; representing 84 Lumber, Patrick O'Brian; representing Rex Television & Appliances, David Yaman, Melvin Simon and Engineer, Gary Wood; and Newsreporter, Sarah Fulmer. Supervisor Thorpe called the Public Hearing to order at 7:10 p.m. The Town Clerk read aloud the Legal Notice, as posted and filed. Supervisor Thorpe offered those in attendance privilege of the floor. Supervisor Thorpe stated that County and Town Planning Boards have approved this application, with conditions, as set forth by the County Planning Dept. He read those conditions. Questions asked by Town Board members relating to the project were answered by Patrick O'Brien. No other questions or comments 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 7:15 p.m. 2 4 7 JUNE 05, 1996 7:00 P.M. The Regular Meeting of the Town Board of the Town of Cortlandville was held at the Town Hall, 3577 Terrace Road, Cortland, New York, with Supervisor Raymond Thorpe presiding, following two Public Hearings. 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 were: Town Attorney, John Folmer; Highway Supt, Carl Bush; Town Typist, Edna Puzo; Village of McGraw Mayor, Jack Fitch and Deputy Mayor, Ted Doty; representing 84 Lumber, Patrick O'Brian; representing Rex Television & Appliances, David Yaman, Melvin Simon and Engineer, Gary Wood; and Newsreporter, Sarah Fulmer. Supervisor Thorpe called the Regular Meeting to order at 7:15 p.m., following two Public Hearings. Councilman Pilato made a motion, seconded by Councilman O'Donnell, to approve, as written, the Town Board Minutes of April 03, 1996. All voting aye, the motion was carried. Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and file the Cortlandville Planning Board Minutes of April 30, '1996. All voting aye, the motion was carried. Councilman O'Donnell made a motion, seconded by Councilman Pilato, to receive and file the Cortlandville Zoning Board of Appeals of April 23, 1996. All voting aye, the motion was carried. RESOLUTION #115 AUTHORIZE PAYMENT OF VOUCHERS 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 #327 - 354 $10,776.37 General Fund B 50 - 64 $ 5,785.98 Highway Fund DA 1 $ 300.00 Highway Fund DB 203 - 224 $15,853.57 Water Fund 127 - 139 $ 5,423.51 Sewer Fund 92 - 101 $ 6,866.04 Reports for the month of April, 1996 from the Justice Department and the month of May 1996 from the Town Clerk, Tax Collector and Supervisor are on the table for review, and filed in the Town Clerk's Office. JUNE 05, 1996 TOWN BOARD MEETING PAGE 2 RESOLUTION #116 DECLARE NEGATIVE IMPACT FOR REX RADIO & TELEVISION, INC. AQUIFER PERMIT #5 OF 1996 Motion by Councilman Testa Seconded by Councilman Pilato VOTES: ALL AYE ADOPTED WHEREAS, an Aquifer Special Permit application was submitted by Rex Radio & Television, Inc. for the construction of a retail Electronic and Appliance Facility to be located on NYS Route 281, 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 Rex Radio & Television, Inc. shall have no significant environmental impact and further RESOLVED, the Supervisor is hereby authorized and directed to sign the SEQRA application. RESOLUTION #117 APPROVE AQUIFER PERMIT #5 OF 1996 FOR REX RADIO & TELEVISION INC Motion by Councilman Pilato Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED WHEREAS, the Cortland County Planning Board and the Cortlandville Planning Board have reviewed and recommended approval of this application, therefore BE IT RESOLVED, the Town Board does hereby approve Aquifer Permit #5 of 1996, submitted by Rex Radio & Television, Inc. to be located at NYS Route 281, and further RESOLVED, the Supervisor is hereby authorized and directed to sign the permit. RESOLUTION #118 DECLARE NEGATIVE IMPACT FOR PIERCE HARDY LIMITED PARTNERSHIP AQUIFER PERMIT #4 OF 1966 Motion by Councilman O'Donnell Seconded by Councilman Pilato VOTES: ALL AYE ADOPTED WHEREAS, an Aquifer Special Permit application was submitted by Pierce Hardy Limited Partnership for the construction of a retail Lumber Store, known as 84 Lumber, with outside covered storage for lumber products to be located at 795-801 Route 13, 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 • LJ U JUNE 05, 1996 TOWN BOARD MEETING PAGE 3 BE IT RESOLVED, the Town Board, as Lead Agent, does hereby declare the proposed project of Pierce Hardy Limited Partnership shall have no significant environmental impact and further RESOLVED, the Supervisor is hereby authorized and directed to sign the SEQRA application. RESOLUTION #119 APPROVE AQUIFER PERMIT #4 OF 1996 ® PIERCE HARDY LIMITED PARTNERSHIP, WITH CONDITIONS Motion by Councilman Pilato Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED WHEREAS, the Cortland County Planning Board and the Cortlandville Planning Board have reviewed and recommended approval, with conditions, therefore BE IT RESOLVED, the Town Board does hereby approve Aquifer Permit #4 of 1996 submitted by Pierce Hardy Limited Partnership, for 84 Lumber, to be located at 795-801 Route 13, with the following conditions: 1.) A curb cut permit is granted for the road entrance by the New York State Department of Transportation. 2.) A visual buffer of landscaped green areas or fencing is provided along the north and south property lines which border residential properties. RESOLVED, the Supervisor is hereby authorized and directed to sign the permit. Councilman Pilato made a motion, seconded by Councilman O'Donnell, to receive and file a notification received from Mr. John DelVecchio, to renew his alcohol license, for his property located at 4030 West Road (NYS Route 281). All voting aye, the motion was carried. RESOLUTION #120 AUTHORIZE RENTAL OF SAFE DEPOSIT BOX FROM FIRST NATIONAL BANK FOR THE STORAGE OF MICROFILM RECORDS Motion by Councilman Pilato Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED WHEREAS, Records of the Town were inventoried and permanent records of the Town have been microfilmed, in accordance with the grants received by the Cortland County Clerk, and WHEREAS, two sets of the microfilm have been received by the Town Clerk, as Records Management Officer, and WHEREAS, one copy of the microfilm (Diazo) will be stored in the Town Clerk's Office vault and it is recommended that the second copy (Silver) be stored at another location, therefore BE IT RESOLVED, the Town Board does hereby authorize the Town Clerk to rent a safe deposit box from the First National Bank of Cortland, Groton Avenue Office, for the storage of the Silver copy of microfilm, and further �50 JUNE 05, 1996 TOWN BOARD MEETING PAGE 4 RESOLVED, The Town Clerk, Pauline H. Parker and the Supervisor, Raymond G. Thorpe, shall be designated as the named persons to have access to such Safe Deposit Box. Privilege of the floor was granted to Jack Fitch, Mayor of The Village of McGraw. He informed the Town Board of the status relating to the Bennett Street Bridge. County Legislator, Ted Law, attended their last Board Meeting to discuss this issue. He offered them a choice: either a bridge at the west end of the Village or a traffic light at the intersection of South & Main Street in the Village. Mayor Fitch has sent them a letter advising that they would like the bridge. The location will be determined later. A discussion was held concerning the possible location of a bridge. Experiences relating to the recent flooding and other storms which have occurred, has proved the need of having another access to the Village for Public Safety. Appreciation was expressed to Town Highway Supt, Carl Bush, for meeting with them to discuss and review the map, and ideas, of the new proposed area for a new bridge. Construction of a road and their concerns of their new well have been addressed. They reported that local residents have mixed reactions as to the best location for the bridge. Mayor Fitch reported that their Village Justice, Mardis Kelsen, has advised them of her intent not to run for Village Justice again. Her term expires in March of 1997. They are contemplating doing away with their Village Justice and Court. If this were to happen, they are considering the transfer of their case loads to the Town. A discussion was held concerning this. The Town Attorney requested the Mayor to notify the Town Board of their intent by October 1996, so this matter could be considered while preparing the Towns budget for 1997. . Supervisor Thorpe informed the Town Board that the Town Historian will be moving her office from the Town Hall to an office at the Town Highway Garage. The file cabinets, used for Records Management, located in the hall, will be moved into that area to be used as a filing room. RESOLUTION #121 R13FER ZONING VIOLATION OF UPSTATE • AUTO, MIKE EDWARDS TO TOWN ATTORNEY FOR REVIEW AND ACTION IF REQUIRED Motion by Councilman Testa Seconded by Councilman Pilato VOTES: ALL AYE ADOPTED WHEREAS, CEO Bruce Weber has informed Mr. Mike Edwards of a code violation regarding his sign at 3990 Route 281 (Upstate Auto), therefore BE IT RESOLVED, the '.down Board does hereby refer this code violation to the Town Attorney, to pursue and take the necessary action, if required. 251 JUNE 05, 1996 TOWN BOARD MEETING PAGE RESOLUTION #122 REFER AQUIFER PERMIT APPLICATION OF BESTWAY ENTERPRISES TO TOWN AND COUNTY PLANNING BOARDS FOR REVIEW AND RECOMMENDATIONS AND SET DATE FOR A PUBLIC HEARING ON JULY 3, 1996 Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Aquifer Special Permit Application submitted by Bestway Enterprises, Inc. to construct two new storage buildings, to be located at 3877 Luker Road, shall be referred to the Town and County Planning Boards for their review and recommendations, and further RESOLVED, a Public Hearing will be scheduled for July 3, 1996 at 7:00 p.m. for the Aquifer Permit application review by the Town Board. RESOLUTION #123 REFER AQUIFER PERMIT APPLICATION OF CHRISTINE T. PACE, THE PLAZA THEATRE TO TOWN AND COUNTY PLANNING BOARDS FOR REVIEW AND RECOMMENDATIONS AND SET DATE FOR A PUBLIC HEARING ON JULY 3, 1996 Motion by Councilman Testa Seconded by Councilman Pilato VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Aquifer Special Permit Application submitted by Christine T. Pace for the Plaza Theatre, to construct an addition to the existing theatre, to be located at Tompkins Street and Glenwood Avenue, shall be referred to the Town and County Planning Boards for their review and recommendations, and further RESOLVED, a Public Hearing will be scheduled for July 3, 1996 at 7:00 p.m. for the Aquifer Permit application review by the Town Board. RESOLUTION #124 REFER AQUIFER PERMIT APPLICATION OF CORTLAND WOOD PRODUCTs TO TOWN AND COUNTY PLANNING BOARDS FOR REVIEW AND RECOMMENDATIONS AND SET DATE FOR A PUBLIC HEARING ON JULY 3,1996 ® Motion by Councilman O'Donnell Seconded by Councilman Pilato VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Aquifer Special Permit Application submitted by Gary H. Gutchess, for Cortland Wood Products, to construct a second floor office area, at 150 McLean Road, shall be referred to the Town and County Planning Boards for their review and recommendations, and further RESOLVED, a Public Hearing will be scheduled for July 6, 1996 for July 3, 1996 at 7:00 p.m. for the Aquifer Permit application review by the Town Board. JUNE 05, 1996 TOWN BOARD MEETING PAGE 6 RESOLUTION #125 AUTHORIZE SUPERVISOR TO SIGN AGREEMENT FOR OTTER/DRY CREEK REIMBURSEMENT, ASSESSMENT AND REMEDIATION FUND Motion by Councilman Testa Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Supervisor is hereby authorized and directed to sign the five year renewal agreement for the Otter/Dry Creek Reimbursement, Assessment and Remediation Fund, as submitted by the Cortland County Health Department. RESOLUTION #126 AUTHORIZE VILLAGE PARK CONDO ASSOCIATION USE OF TOWN HALL MEETING ROOM ON JUNE 23 1996 Motion by Councilman Testa Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Village Park Condo Association is hereby authorized to use the Town Hall Meeting room on June 23, 1996 at 7:00 p.m to conduct their Annual Meeting. Town Attorney Folmer reported on the following: Adult Entertainment amendment: Requested a date be set to hold a Public Hearing. No comments have been received from those who reviewed the draft. RESOLUTION #127 SET DATE FOR PUBLIC HEARING TO AMEND THE TOWN ZONING ORDINANCE, REGARDING ADULT ENTERTAINMENT Motion by Councilman O'Donnell Seconded by Councilman Pilato VOTES: ALL AYE ADOPTED BE IT RESOLVED, a Public Hearing shall be scheduled for July 3, 1996 at 7:00 p.m. regarding amending the Zoning Law of the Town for Adult Entertainment. Water Storage Tank Project: He was requested to make minor modifications to the request to submit to the NYS Comptroller for the Route 215 Water Storage Tank Project. This has been done. Renewal of Bond Anticipation Notes: Those due on June 23, 1996 will be renewed and he has contacted Bond Council in New York to proceed with that necessary to convert these to a bond. We may need to have a Special Meeting, to accomplish this. He will notify if that is needed. Bond Resolution: Requested the Town Board to adopt the necessary bonding resolution to finance the costs of the three water projects. 2J3 JUNE 05, 1996 TOWN BOARD MEETING PAGE 7 RESOLUTION #128 AUTHORIZE THE ISSUANCE OF $582,500 SERIAL BONDS OF THE TOWN OF CORTLANDVILLE, CORTLAND COUNTY, NEW YORK, TO PAY THE COST ON THE CONSTRUCTION OF IMPROVEMENTS TO TOWN FACILITIES AS SPECIFIED HEREIN Motion by Councilman O'Donnell Seconded by Councilman Pilato VOTES: ALL AYE ADOPTED is WHEREAS, pursuant to proceedings heretofore had and taken in accordance with the provisions of Article 12-C of the Town Law, and more particularly resolutions dated as follows: Resolution adopted March 06, 1996, relating to the extension of water facilities on Route 13 in said Town at an estimated cost of $130,000 Resolution adopted April 03, 1996, relating to the construction of water mains at an estimated cost of $190,500 to connect with a new water storage tank to be constructed by said Town on Starr Road in said Town Resolution adopted May 15, 1996, relating to the construction of a new transmission main at a cost of $262,000 to connect with a new water storage tank to be constructed by said Town on Starr Road in said Town; and WHEREAS, it is now desired to authorize the issuance of $582,500 serial bonds of said Town to pay the costs of the construction of the improvements described above; and WHEREAS, all conditions precedent to the financing of such capitol projects, including compliance with the provisions of the State Environmental Quality Review Act, have been performed; NOW THEREFORE BE IT RESOLVED, by the Town Board of the Town of Cortlandville, Cortland County, New York, as follows: Section 1. For the specific object or purpose of paying the costs of the construction of the improvements to facilities of the Town, as described in paragraph 2 hereof, there are hereby authorized to be issued $582,500 serial bonds of the Town of Cortlandville, Cortland County, New York, pursuant to the provisions of the Local Finance Law. • Section 2. It is hereby determined that the maximum estimated cost of each specific object, purpose, or project is as is set forth as follows: Route 13 Water Project - 1996 $130,000 Tompkins & Pleasantview Street Project - 1996 $190,500 Route 215 Tank Connection Project - 1996 $262,000 and that the plan for the financing thereof is by the issuance of the $582,500 serial bonds of said Town authorized to be issued pursuant to this bond resolution. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid specific objects or purposes is forty years, pursuant to subdivision 4 of JUNE 05, 1996 TOWN BOARD MEETING PAGE 8 paragraph a of Section 11.00 of the Local Finance Law. It is hereby further determined that the maximum maturity of the serial bonds herein authorized will exceed five years. Section 4. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bonds anticipation notes in the anticipation of the issuance and sale of the serial bonds herein authorized, including renewals of such notes, is hereby delegated to the Supervisor, the chief fiscal officer. Such notes shall be on such terms, form and content, and shall be sold in such manner, as may be prescribed by the said Supervisor, consistent with the provisions of the Local Finance Law. Section 5. The faith and credit of the Town of Cortlandville, Cortland County, New York are hereby irrevocable pledged to the payment of the principal and interest on such bonds as the same respectively become due and payable. There shall be annually apportioned and assessed upon several lots and parcels of land within the areas of the aforedescribed improvements, which the Town Board shall determine and specify to be especially benefitted by the improvements, an amount sufficient to pay the principal and interest on said bonds as the same become due, but if not paid from such source, all the taxable real property in said Town shall be subject to the levy of ad valorem taxes without limitation as to rate or amount sufficient to pay the principal of and interest on said bonds as the same shall become due. Section 6. Such bonds shall be in fully registered form and shall be signed in the name of the Town of Cortlandville, Cortland County, New York, by the manual or facsimile signature of the Supervisor and a facsimile of its corporate seal shall be imprinted or impressed thereon.-- and attested by the manual or facsimile signature of the Town Clerk. Section 7. The powers and duties of advertising such bonds for sale, conducting the sale and awarding the bonds, are hereby delegated to the Supervisor, who shall advertise such bonds for sale, conduct the sale, and award the bonds in such manner as he or she shall deem best for the interests of the Town including, but not limited to, the power to sell said bonds to the New York State Environmental Facilities Corporation; provided, however, that in the exercise of these delegated powers, he or she shall fully comply with the provisions of the Local Finance Law and any order or rule of the State Comptroller applicable to the sale of municipal bonds. The receipt of the Supervisor shall be a full acquittance to the purchaser of such bonds, who shall not obliged to see to the application of the purchase money. Section 8. All other matters, except as provided herein relating to such bonds, including prescribing whether manual of facsimile signatures shall appear on said bonds, prescribing the method for the recording of ownership of said bonds, appointing the fiscal agent or agents for said bonds, providing for the printing and delivery of said bonds (and if said bonds are to be executed in the name of the Town by facsimile signature of its Supervisor, providing for the manual countersignature of a fiscal agent or of a designated official of the Town), the date, denominations, maturities and interest payment dates, place or places • �55 JUNE 05, 1996 TOWN BOARD MEETING PAGE 9 of payment, and also including the consolidation with other issues, shall be determined by the Supervisor. It is hereby determined that it is to the financial advantage of the Town not to impose and collect from registered owners of such serial bonds any charges for mailing, shipping, and insuring bonds transferred or exchanged by the fiscal agent, and accordingly, pursuant to paragraph c of Section 70.00 of the Local Finance Law, no such charges shall be so collected by the fiscal agent. Such bonds shall contain substantially the recital of validity clause provided for in section 52.00 of the Local Finance Law and shall otherwise be in such form and contain such recitals in addition to those required by Section 52.00 of the Local Finance Law, as the Supervisor shall determine. Section 9. The Supervisor is hereby authorized, at his sole discretion, to execute a loan agreement, a project financing agreement, and any other agreements with the New York State Department of Environmental Conservation and/or the New York State Environmental Facilities Corporation, including amendments thereto, and including any instruments (or amendments thereto) in the effectuation thereof, in order to effect the financing or refinancing of the specific objects or purposes described in Section 2 hereof, or a portion thereof, by a serial bond issue of said Town in the event of the sale of same to the New York State Environmental Facilities Corporation. Section 10. The intent of this resolution is to give the Supervisor sufficient authority to execute those agreements, instruments or to do any similar acts necessary to effect the issuance of the aforedescribed serial bonds without resorting to further action of this Town Board. Section 11. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.103-18(f). Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside with respect to the permanent funding of the objects or purposes described herein. Section 12. The validity of such bonds and bond anticipation notes may be contested only if: 1) Such obligations are authorized for an object or purpose for which said Town is not authorized to expend money, or 2) The provisions of law which should be complied with at the date of publication of this resolution are • not substantially complied with, and an action, suit, or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3) Such obligation are authorized in violation of the provisions of the Constitution. Section 13. This resolution, which takes effect immediately, pursuant to Section 35.00(b)(2) and pursuant to Section 209-(q)(13)(a) of the Town Law, as the maximum estimated costs of said specific objects or purposes does not exceed one -tenth of one per centum of the full valuation of the taxable real property in the area of the Town outside of Villages, shall be published in full in the Cortland Standard, the official newspaper, together with a notice of the Town Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. �JJ JUNE 05, 1996 TOWN BOARD MEETING PAGE 10 Councilman O'Donnell 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 7:45 p.m. Respe tfull/y submitted, Pauline H. Parker, CMC Town Clerk Town of Cortlandville 1 CJ 1