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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.
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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.
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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.
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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
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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.
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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.
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/ Respect fulI submit ed,
Pauline H. Parker, CiC
Town Clerk
Town of Cortlandville