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HomeMy WebLinkAbout10-17-1990/a& Wednesday, October 17, 1990 7:30 P.M. PUBLIC HEARING LOCAL LAW NO. 3 OF 1990 DONALD OSBECK - ZONE CHANGE A Public Hearing was held at the Town Hall, 15 Terrace Road, Cortland, New York, on October 17, 1990 at 7:30 o'clock p.m. concerning Local Law No. 3 of 1990 in regards to a request for a Zone Change. Members present: Deputy Supervisor, Raymond Thorpe Councilman, Edwin O'Donnell Councilman, Ronal Rocco Councilman, Theodore Testa Town Clerk, Pauline Parker Absent: Supervisor, Melvin Pierce Others present were: Attorney, Phillip Rumsey; CEO, Bruce Weber; Highway Sup't., Carl Bush; Newsreporter, Laura Jones; Nancy Jarvis of the County Planning Dept.; Mr. John Tinkham of T & M Developers, Mr. Donald Westcott and Mr. & Mrs. Donald Osbeck, and other Town residents Joe Gunzenhauser, Mr. Tom McCloy, and Robert Moore, Jamie Dangler of Pheasant Run and Margaret Knapp and Joy Sampson of Kinney Gulf Rd. The Public Hearing was called to order by Deputy Supervisor, Raymond Thorpe at 7:30 p.m. The Town Clerk read aloud the Legal Notice as posted and filed. It was explained that Mr. Osbeck would like to sell a portion of his land. The prospective buyers want to build a truck terminal at this location. It would be necessary to change the zoning classification from Agriculture to Business to accomplish this. Deputy Supervisor Thorpe offered the privilege of the floor for any comments or questions. Jamie Dangler presented and read aloud a letter explaining her reasons for objecting to a zone change in this area. In general, she would not like any development in this area because it is located over the critical area of the aquifer. Many comments were heard for and against the request from those in attendance. Such request had been recommended for denial by the County Planning Dept. and County Planning Board. The main issue for denial was the request for a Zone change which would constitute spot zoning. Nancy Jarvis of the County Planning Dept. explained that they are more concerned about changing of zoning for the area than the ground water issue, which also is very important. The County had performed a Land Use Study a few years ago. To allow this request for a change of zoning would contradict their findings. If this is approved, it would be necessary to install test wells for that area. 1 1 1 Wednesday, October 17, 1990 CEO, Bruce Weber, explained the concept of spot zoning. The area in question is zoned Agriculture from the Town line down to the area near the So. Cortland - Virgil Road which is zoned Business. The other side of the road is zoned Industrial. If this request is granted, it would create spot zoning. There being no more comments, Deputy Supervisor, Raymond Thorpe closed the Public Hearing at 5:50 p.m. yak Wednesday, October 17, 1990 5:50 P.M. PUBLIC HEARING AQUIFER SPECIAL PERMIT DONALD WESTCOTT, RT 13 SO. A Public Hearing was held at the Town Hall, 15 Terrace Road, Cortland, New York, on October 17, 1990 at 5:30 o'clock p.m. concerning an Aquifer Special Permit for Donald Westcott, located on Rt. 13, in the Town of Cortlandvill.e. Members present: Deputy Supervisor, Raymond Thorpe Councilman, Edwin O'Donnell Councilman, Ronal Rocco Councilman, Theodore Testa Town Clerk, Pauline Parker Absent: Supervisor, Melvin Pierce Others present were: Attorney, Phillip Rumsey; CEO, Bruce Weber; Highway Sup't., Carl Bush; Newsreporter, Laura Jones; Nancy Jarvis of the County Planning Dept.; Mr. John Tinkham of T & M Developers, Mr. Donald Westcott and Mr. & Mrs. Donald Osbeck, and other Town residents Joe Gunzenhauser, Mr. Tom McCloy, and Robert Moore, Jamie Dangler of Pheasant Run and Margaret Knapp and Joy Sampson of Kinney Gulf Rd. The Public Hearing was called to order by Deputy Supervisor, Raymond Thorpe at 5:50 p.m. The Town Clerk read aloud the Legal Notice as posted and filed. Mr. Donald Westcott explained that Yellow Freight wishes to construct a dry freight terminal at this location. They do not transport any toxic waste. This would be a transfer office only. The parking lot would not be paved. No comments were heard. Deputy Supervisor, Raymond Thorpe closed the Public Hearing at 5:55 p.m. 1 Wednesday, October 17, 1990 5:55 P.M. PUBLIC HEARING GROTON AVENUE PLAZA, ROUTE 281 & LUKER ROAD AREA SEWER PROJECT A Public Hearing was held at the Town Hall, 15 Terrace Road, Cortland, New York, on October 17, 1990 at 5:55 o'clock p.mconcerning the Groton Avenue Plaza, Route 281 & Luker Road Area Sewer Project, in the Town of Cortlandville. (Members present: Deputy Supervisor, Raymond Thorpe Councilman, Edwin O'Donnell Councilman, Ronal Rocco Councilman, Theodore Testa Town Clerk, Pauline Parker Absent: Supervisor, Melvin Pierce Others present were: Attorney, Phillip Rumsey; CEO, Bruce Weber; Highway Sup't., Carl Bush; Newsreporter, Laura Jones; Nancy Jarvis of the County Planning Dept.; Mr. John Tinkham of T & M Developers, Mr. Donald Westcott and Mr. & Mrs. Donald Osbeck, and other Town residents Joe Gunzenhauser, Mr. Tom McCloy, and Robert Moore, Jamie Dangler of Pheasant Run and Margaret Knapp and Joy Sampson of Kinney Gulf Rd. The Public Hearing was called to order by Deputy Supervisor, Raymond Thorpe at 5:55 p.m. The Town Clerk read aloud the Legal Notice as posted and filed. Attorney Rumsey explained that this is the second hearing for this project as it was determined to change the method of financing. No comments were heard. Deputy Supervisor, Raymond Thorpe closed the Public Hearing at 6:00 p.m. 1 Wednesday, October 17, 1990 REGULAR MEETING 6:00 P.M. The Regular Meeting of the Town Board of the Town of Cortlandville was held at the Town Hall, 15 Terrace Road, Cortland, New York following three Public Hearings. Members present: Deputy Supervisor, Raymond Thorpe Councilman, Edwin O'Donnell Councilman, Ronal Rocco Councilman, Theodore Testa Town Clerk, Pauline Parker Absent: Supervisor, Melvin Pierce Others present were: Attorney, Phillip Rumsey; CEO, Bruce Weber; Highway Sup't., Carl Bush; Newsreporter, Laura Jones; Nancy Jarvis of the County Planning Dept.; Mr. John Tinkham of T & M Developers, Mr. Donald Westcott and fair. & Mrs. Donald Osbeck, and other Town residents Joe Gunzenhauser, Mr. Tom McCloy, and Robert Moore, Jamie Dangler of Pheasant Run and Margaret Knapp and Joy Sampson of Kinney Gulf Rd. The meeting was called to order by Deputy Supervisor, Raymond Thorpe. Following the pledge of allegiance to the flag, three Public Hearings were held for Donald Osbeck - Zoning Change; Donald Westcott- Aquifer Special Permit and Groton Ave. Plaza, Route 281 & Luker Road Area Sewer Project. Mr. Thorpe advised that due to Supervisor Pierce being in the hospital, he would be conducting the meeting. A motion was made by Councilman O'Donnell, seconded by Councilman Testa, to approve, as written, the Town Board Minutes of September 5, 1990 and September 13, 1990. All voting aye, the motion was carried. RESOLUTION #272 AUTHORIZE PAYMENT OF VOUCHERS OCTOBER _ Motion by Councilman O'Donnell Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED BE IT RESOLVED, that the vouchers submitted have been audited and shall be paid as follows: General Fund A Vouchers #347 - 364 $ 7,590.55 General Fund B 100 - 104 1,897.74 Highway Fund 283 - 301 65,670.40 Water Fund 131 - 137 3,732.25 Sewer Fund 73 - 74 36.62 Capital Projects 154 - 159 154,039.67 1 1 1 Wednesday, October 17, 1990 Page 2 RESOLUTION #273 RECEIVE PETITION FROM RESIDENTS OF KINNEY GULF RD. - REQUESTING "NO PARKING SIGNS" Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL -AYE ADOPTED WHEREAS, customers of the Rusty Nail have been parking their vehicles on both,sides of the road on Kinney Gulf Road near the intersection of Rt. #281:because their parking lot is not large enough to accommodate everyone, and WHEREAS, the shoulders of the road are narrow, the cars are also parking on the lawns of the residents of that area and are causing considerable damage, and WHEREAS, this condition causes concern for both the residents and the Fire Dept. if. the need occurred that it was necessary to answer a call in that area, therefore BE IT RESOLVED, that the petition received from residents of the Kinney Gulf Rd requesting "No Parking" signs is hereby acknowledged and shall be received and filed. A discussion was held concerning the above concerns. Kinney Gulf Rd. is a County Road. A request from that area for lowering the speed limit was received and has been forwarded to, the .proper agencies. -A committee was formed to accomplish a Parking Ordinance for the Town, however they are waiting to receive information from other sources to -proceed. RESOLUTION #274 REFUND BID DEPOSIT - JOSEPH GANISON 1976 CASE LOADER BACKHOE Motion by Councilman O'Donnell Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED WHEREAS, Mr. Joseph Ganison had submitted the highest bid to purchase surplus equipment of the Water Dept. for a 1976 Case Loader. Backhoe,.and WHEREAS, the bid was awarded on Sept. 5, 1990, and since then Mr. Ganison.has changed his mind, and WHEREAS, the End highest bidder has been contacted and has turned the offer down, therefore BE IT RESOLVED, that the bid deposit,check of $1,362.60 shall be returned to Joe Ganison. Mr. Thomas McCloy of the McCloy Road asked to have explained to hi.m how the bonding of the water and sewer projects were paid. The procedure was explained to him. He was concerned that he had to pay for this on his property taxes from what he had read in the paper. A discussion was held deciding that it would be best to have a news article explaining this as others have called and are confused. Only those people who are receiving a benefit from water and sewer, or the lines go across their property, are paying for it. Wednesday, October 17, 1990 Page 3 The reports of various departments are on the table for review, and are available for inspection, on request, in the Town Clerks Office. Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and file a letter sent to Charles Proctor from the Town Attorney. All voting aye, the motion was carried. The letter was in regards to a proposed contract with him for a water project. Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and file information received from Thoma Development Consultants. All voting aye, the motion was carried. The information was a copy of what was mailed to residents of the Blodgett Mills area in relation to the Community Development Block Grant. RESOLUTION #275 TABLE DECISION FOR LOCAL LAW NO. 3 AND ZONE CHANGE - OSBECK RT. 13 Motion by Councilman Testa Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED BE IT RESOLVED, that the decision for a zone change on Rt. #13, requested by Donald Osbeck, which would effect the proposed Local Law No. 3 and the Aquifer Special Permit for Donald Westcott is hereby tabled for further review. RESOLUTION #276 ADOPT RESOLUTION PURSUANT TO TOWN LAW SECTION 209-q(6)(c) "GROTON AVENUE PLAZA, ROUTE 2B1 & LUKER ROAD AREA SEWER" PROJECT Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE ADOPTED WHEREAS, there was filed in the Office of the Town Clerk of the Town of Cortlandville, Cortland County, New York, general plans, map and engineering report relating to the establishment of a sewer improvement project for Groton Avenue Plaza, Route 2B1 & Luker Road Area and designated "Groton Avenue Plaza, Route 281 & Luker Road Area Sewer Project", as required by Section 209-q and 209-c of the Town Law, and are available for public inspection, and WHEREAS, an Order was duly adopted by the Town Board on July 5, 1990 reciting the filing of said general plans, the construction proposed, and the estimated expense thereof and specifying October 17, 1990 at 5:30 o'clock p.m. as the time and the said Town Hall in the said Town of Cortlandville as the place where the said Board would meet to consider the documents filed as aforesaid and to hear all persons interested in the subject thereof, concerning the same, and WHEREAS, such Order was duly posted and published as required by law, and Wednesday, October 17, 1990 Page 4 WHEREAS, a hearing in the matter was duly held by the Board on the 17th day of October, 1990 commencing at 5:30 p.m. at the Town Hall in the said Town and discussion upon the matter having been had and all persons desiring Tito be heard having been duly heard including members of the Board and various other persons, and NOW,1,upon-, the evidence given upon such hearing and upon the,motion of -Edwin O'Donnell,, Councilman, seconded by Theodore Testa, Councilman, and unanimously passed, it is RESOLVED AND DETERMINED, that the plans heretofore filed with the Town Clerk of the Town of Cortlandville are in compliance with Section 209-c of the Town Law of the State of New York and are otherwise sufficient, and that to establish the aforesaid sewer improvement is in the public interest, and it is further RESOLVED AND DETERMINED, all costs, including the principal and interest on said bonds or other obligations authorized to be issued shall be borne by the lands benefited•by such improvement and such costs shall be assessed, levied and collected from the several lots or parcels of land within said Town of Cortlandville in just proportion to the amount of benefit which the improvement shall confer upon such lots or parcels; it is further .hereby determined that all lots or parcels in the Town of Cortlandville outside of Villages, capable of being serviced by the "Article 12-C" Sewer Improvement heretofore land hereafter provided, are lots or parcels benefited by the proposed sewer project and all previous improvements shall be spread upon and over the enlarged, benefited area, all of such improvements constituting one sewer system, such system being described by and Ancludi-ng the areas set forth in the "Maryland Avenue Sewer Project-1990" Resolution adopted February; 7, 1990 and the following parcels designated• on the 1990 Cortland County Real Property Tax -Maps as Cortlandville tar, parcels: Tax flap 86.13-01: Parcels:. 45..1, 45.2, 4&, 47; 55.11, 55.12, 55.21,-55.22, 56, 57.2,, 58.2; 60, 61, 62, 63, 64, 65.1 and 65.2 Tax Map B6.1.7-01: Parcels: 01,, 02, 03.1, 04,, 05, 06, 07.1, 07.2, 08.2, 09, 10.211, 10.212, 10.22 and 11. Tax Map 86.17-02: Parcels: 03 and 04 WHEREAS, it is further proposed that the costs of management, maintenance, operation and repair of said improvement as -.proposed in said plans be authorized pursuant to Section 209-q(6)(c) of the Town Law; that the improvement therein mentioned be constructed and the service therein mentioned. be provided for upon the required funds being; made —available or provided for; and that such.improvement shall be designated and known as "Groton Avenue Plaza, Route 281 & Luker Road Area Sewer Project", and it is further RESOLVED AND DETERMINED, that the proposed improvement, including costs and rights of way, construction costs, legal ;fees, engineering and. consuitant.fees, and all other expenses approximated to�- be a maximum 'of $525,000.00 shall be financed by the issuance of bonds by the Town of Cortlandville for a maximum term of forty years at prevailing interest, and it is further Wednesday, October 17, 1990 Page-5 RESOLVED,AND DETERMINED, that the costs of management, maintenance, operation and repair of said improvement or services shall be a charge upon the area of the Town of Cortlandville outside of Villages and shall be levied and collected in the. same manner and at the same time as other Town charges, provided that it is the intention of the Town Board that such costs will be raised in the first instance from sewer rates, charges and fees upon all lots or parcels heretofore and hereafter serviced by Town Law Article 12-C Sewer Improvements, and it is further RESOLVED, that the Town Clerk of this Town shall within ten (10) days after the adoption of this Resolution file a certified copy of this Resolution in the Cortland County Clerk's Office as provided for by the Town Law Section 209-q(6)(c). RESOLUTION #277 SET DATE FOR PUBLIC HEARING - AQUIFER SPECIAL PERMIT - PTM Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, that a Public Hearing shall be held at 7:30 p.m, on December 5, 1990 for an Aquifer Special Permit for Pall Trinity Micro Corporation. RESOLUTION #278 APPROVE HARRY J. REHBEIN AS PLUMBER FOR WATER AND SEWER INSTALLATIONS Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE ADOPTED WHEREAS, a plumber application was submitted by Harry J. Rehbein, D/B/A Beaver Creek Construction,for approval to make hookups into the Town Water and Sewer Systems, therefore BE IT RESOLVED, that the Town Board does hereby approve Harry J. Rehbein as a plumber for both water and sewer connections, and further RESOLVED, that his name shall be added to the approved plumber list of the Town of Cortlandville. RESOLUTION #279 APPROVE JOHN DELVECCHIO AS PLUMBER FOR WATER AND SEWER INSTALLATIONS Motion by Councilman Rocco Seconded by Councilman Testa VOTES: ALL AYE ADOPTED WHEREAS, a plumber application was submitted by John DelVecchio, D/B/A/ Upstate Development Associates Inc., for approval to make hookups into the Town Water and Sewer Systems, therefore BE IT RESOLVED, that the Town Board does hereby approve John DelVecchio as a plumber for both water and sewer connections, and further RESOLVED, that his name shall be added to the approved plumber list of the Town of Cortlandville. C 1 1 Wednesday, October 17, 1990 Page 6 RESOLUTION #290 AUTHORIZE BUDGET TRANSFER Motion by Councilman Testa Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED BE IT RESOLVED, that the Budget Officer is hereby authorized to transfer $83.00 from the Sewer Fund Surplus into the Rt 281/Gr.oton Ave./Luker Road Sewer Capital Project. RESOLUTION #291 SET DATE FOR A PUBLIC HEARING - 1991 PRELIMINARY BUDGET AND MAKE COPIES Motion by Councilman Rocco Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED, that a Public Hearing shall be held on November 7, 1990 at 7:30 p.m. at the Town Hall to review the 1991 Town of Cortlandville Preliminary Budget, and further RESOLVED, that the Town Clerk shall prepare 20 copies of such preliminary budget to have accessible for public review, and shall be available on October 31, 1990. Deputy Supervisor Thorpe advised the Board members that there will be budget workshops held on.October 24th and 25th, 1990, at the Town Hall at 7:00 p.m. Councilman Rocco made a motion, seconded by Councilman O'Donnell, to recess the regular meeting and convene to an executive session. All voting aye, the motion was carried. The following information was received from the Supervisor's office: A motion was made by Councilman O'Donnell, seconded by Councilman Testa, to adjourn the Executive Session and reconvene the Regular Meeting. All voting aye, the motion was carried. RESOLUTION #282 APPROVE SALE OF 1976 CASE LOADER BACKHOE Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, that the Town Board does hereby approve the sale of the 1976 Case Loader/Backhoe to Fred Walker for $9,900.00. A motion was made by Councilman O'Donnell, seconded by Councilman Testa, to adjourn the meeting. All voting aye, the motion was carried. The meeting was adjourned at 7:10 p.m. / / Respect fulI submit ed, Pauline H. Parker, CiC Town Clerk Town of Cortlandville