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Home My WebLink About05-03-1989Wednesday May 03, 1989 7:30 P.M. PUBLIC HEARING AMENDMENT TO TRANSIENT BUSINESS ORDINANCE - A Public Hearing was held at the Cortlandville Town Hall, 15 Terrace Road, Cortland, New York on May 03, 11989 -at 7:30 p.m., regarding amendments to the Transient Retail Business Ordinance of the Town of Cortlandville. Members present: Supervisor Melvin Pierce Councilman Edwin O'Donnell Councilman Ronal Rocco Councilman Theodore Testa Deputy Town Clerk Diane Demeree absentz Councilman Raymond Thorpe Others present were Town attorney, Phillip Rumsey and Town, highway superintendent, Carl Bush. LEGAL NOTICE ' / Supervisor Pierce called wonccorruuuc *pAmws the, Public Hearing to order at TOWN OF CORfLANDVILLE 7:30 p.m. o'clock. He ' AMENDMENT TO requested that those in [ TRANSIENT BUSINESS . ° oxoIwAwcs attendance rise and pledge � Notice /"h=��oi.°" allegiance to the flag. that the c"^/""u.m°Town a°",a will h"/a " public x°","y on May x' 198" at rxo p.m. at the Town Hall, o,r��ceRoad, Cortland, The Deputy Town Clerk read New York ="ce�ng pro- posed amendments to he aloud the Legal Notice as r,"""/°m nmao o"une°" shown: o,a/""""° °""c'ea w".°=be, o. 1982. Said amendments relate to ,°m,`"t/""" for such business asmlocation, h""� of operation and "/y"", and further provide for duties of the Code En- forcement o*�;?, and an Supervisor Pierce offered pplicatfon We a q woo. Atthe time and place "» those in attendance the said h=n"n all p"rne° in /m°,°st and "mz°"; shall privilege of the floor. . have an opportunity mbe . h°",a. PAULINE Town Clerk With no comments or Town of Cortiondville ' /u/��""°x""* questions from those present , a Cortland, w , �,ovm "~ "' motion was made by Councilman 95_1! — ------ O'Donnell, seconded by Councilman Testa, to close the Public Hearing. All voting aye, the motion was carried. The Public Hearing was closed at 7:40 p.m. 30 M Wednesday May 03, 1989 7:45 P.M. PUBLIC_' HEARING LIME HOLLOW WELL PROJECT COMPLETION MODIFICATION A Public Hearing was held at the Cortlandville Town Hall, 15 Terrace Road, Cortland New `cork: on May 03„ >:1989 at 7t45 p. m., regarding the Lima Hollow Well Project Completion. Members presents : LEGAL NOTICE NOTICE OF PUBLIC HEARING TOWN OF . CORTLANDVILLE ORDER PURSUANT TO TOWN LAW SECTION 209- q(3) "LIME HOLLOW WELL PROJECT COMPLETION" MODIFICATION Whereas, pursuant to Town Law Article 12-C pro- cedures, the Cortlandville Town Board approved and authorized the Lime Hollow Well Project Completion by Resolution adopted March 15,1989,and Whereas, it is hereby proposed to modify said Well Completion Project by providing for the construc- tion of the building, sitework, pump, electric and pumphouse piping, the cost to be paid from the balance in the Capital Reserve Fund (current balance approximately $155,842.00), payment of which is subject to per- missive referendum. The construction and purchase of all connection pipe, hydrants, highway cross- ing, cable, chlorination, telemetry, generator, bond counsel and contingencies, shall be a cost of a max- imum of $314;158.00; and shall be paid by the is suance of bonds by the; Town of Cortlandville for a maximum term of twenty- ' five' years at prevailing in- terest, and Whereas, in all other -respects said Lime Hollow WeR Project Completion as set foth in the Resolution adopted "March 15, 1989 shall remain the some as approved and authorized, it is hereby Ordered, that a meeting of the Town Board of the said Town of Cortlandville shall be held at the Town Hall, 15 Terrace Road, Cortland, New York on the 3rd day of May, 1989 at 7:30 p.m. of that day to hear all persons interested in the proposed modifica- tion of the Lime Hollow Well Project Completion, and for such other action of said Town Board with rela- tion to the said water im- provement as may be re- quired by law or be deem- ed proper. BY ORDER OF THE TOWN BOARD OF THE TOWN OF CORTLANDVILLE, NEW YORK. Adopted: April 19, 1989 PAULINE H. PARKER, Town Clerk Town of Cortlandville 15 Terrace Road Cortland, New York 13045 95-1t absent: Supervisor Melvin Pierce Councilman Edwin O'Donnell Councilman Ronal Rocco Councilman Theodore Testa Deputy Town Clerk: Diane Deri eree Councilman Raymond Thorpe Others present were Town attorney, Phillip Ramsey? Town highway superintendent, Carl Bush Supervisor- Pierce called the Public Hearing to order at 700 p.m. o'clock. The Town f.:.`.lerk: read aloud the Legal. Notice as shown: Supervisor Pierce offered those in attendance the privilege of the floor. With 1-10 comments or. questions from those present, a motion was made by Councilman O'Donnell, seconded by Councilman Testa, to close the Public Hearing. All voting aye, the motion was carried. The Public Hearing was closed at 7:50 p.m. r 11 • I� -qnns qsTjdwonDw oj-spunj-ajqvTj.Al uTwqqo off. 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W play Sum Q11TAPUS14003 10 umol a, go pawag umol aq4 go buTqaaw W.Inbay aqJ 'W"d OS: L buTqaaW zejnbatj 6e6I 'EO AeW AepsaupaM I I nE Wednesday May 03, 1989 Page 2 reImrto The reports of the various departments are on the table for review, and are available for inspection, on request, in the Town Clerks office. RESOLUTION #131 ADOPT AMENDMENT TO TOWN OF C'VILLE TRANORD INANCE adopt amendment--'— Transient retail Motion by Councilman O'Donnell Ordinance Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, that the Town of Cortlandville Transient Retail Business Ordinance (adopted November 3, 1982) is hereby amended as follows: A. Section 2 of said Ordinance is amended by deleting the words "making a cash deposit" and after the word "bond" adding: ..., money order, certified or bank check or cash deposit... B. Section 3 of said Ordinance is amended after the words "application for license" by adding: ... together with application fee in the amount of $10.00... C. Sections 3 and 4 of said Ordinance are amended after the words "Town Clerk" each time they appear by adding: ... or Code Enforcement Officer... D. Section 5 of said Ordinance is amended by deleting the words "Town Attorney" and after the word "cash" deleting the word "bond" and adding: ... deposit, money order, certified or bank check... E. A new Section 6A is hereby added to read Section Business No transient business will be allowed in residential or agricultural district zones nor in any zone within 500 feet of any permanent business selling items that are similar. Sales are limited to six consecutive days and shall operate no longer than one hour after sunrise to sunset. One ground sign, not exceeding 75 square feet shall be allowed; except that on a lot at an intersection with frontage on two roads or public rights of way, two ground signs not exceeding a combined total of 75 square feet shall be allowed. AND ALSO RESOLVED, that the invalidity of any word, phrase, clause, sentence, paragraph, section provision or part of this Ordinance shall not invalidate any other such portion of this ordinance, and also RESOLVED, that this Ordinance shall take effect as provided in Town Law Section 133. Wednesday May 03, 1989 Page 3 RESOLUTION #132 ADOPT - LIME HOLLOW WELL Motion by Councilman Rocco Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED WHEREAS, pursuant to Town Law Article 12-C, the --Cortlandville Town Board approved and authorized the Lime Hollow Well Project Completion by Resolution adopted March 15, 1989, and WHEREAS, an Order was duly adopted by the Town Board on April 19, 1989 reciting the proposed modification of payment of said improvement and specifying May 3, 1989 at 7:30 o'clock p.m. as the time and the Cortlandville TownHall as the place where the said Board would meet to consider said modification 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 WHEREAS, a hearing in the matter was duly held by the Board on the 3rd day of May, 1989 commencing at 7:30 o'clock p.m. at the said Town Hall and discussion upon the matter having been had and all persons desiring to be heard having been duly heard including members of the Board and various other persons, and NOW, upon the evidence given upon such hearing and upon the motion of Ronal L. Rocco, Councilman, seconded by Edwin O'Donnell, Councilmanand unanimously passed, it is RESOLVED AND DETERMINED, that the Lime Hollow Well Project Completion is hereby modified by providing for the construction of the building, sitework, pump, electric and pumphouse piping, the cost to be paid from the balance in the Capital Reserve Fund (current balance approximately $155,842.00), payment of which is subject to permissive referendum. The construction and purchase of all connection pipe, hydrants, highway crossing, cable, chlorination, telemetry, generator, bond counsel and contingencies, shall be a cost of a maximum of $314,158.00, and shall be paid by the issuance of bonds by the Town of Cortlandville for a maximum term of twenty-five years at prevailing interest, and it is further RESOLVED, that in all other respects said Lime Hollow Well Project Completion as set forth in the Resolution adopted March 15, 1989 shall remain the same as therein approved and authorized, and it is further RESOLVED, that the Town Clerk of this Town shall within ten.(E0) days after the adoption of this Resolution file certified copies thereof in duplicate in the Office of the State Department of Audit and Control at Albany, New York and further 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), and it is further RESOLVED, that this Resolution is adopted subject to permissive referendum. adopt Lime Hollow Well Project comp. 17M Wednesday May 03, 1989 Page 4 RESOLUTION #133 ACCEPT AND APPROVE WRITTEN FORMAL aoount and approve Motion by Councilman Rocco written sewer billing Seconded by Councilman O'Donnell agreement VOTES: ALL AYE ADOPTED WHEREAS, the Town Board authorized an agreement with the Village of Homer, concerning the sewer billing of accounts served by the Village of Homer, and was presented by Supervisor Pierce, and WHEREAS, a formal agreement was signed by the Town Board members, and the Homer Village Board members on April 19, 1989, concerning said billing procedures, therefore BE IT RESOLVED, that the written formal agreement between the Village of Homer and the Town of Cortlandville concerning the billing procedures for water/sewer users who live in the Town of Cortlandville but use water and/or sewer provided by the Village of Homer is hereby approved and accepted. A lengthy discussion followed regarding the illegal parking of vehicles in fire lanes at malls in the Town illegal narkiugof Cortlandville. in fire lanes It was the consensus of the Board members that a parking ordinance must be passed in order to give authority to area officers to enforce the law. A discussion followed regarding residents requests to empty their septic systems into the Town Sewer lines. discussion empty into Supervisor Pierce apprised that he was advised by the Town sewer Sewage Treatment Plant not to do such, as this sludge from the septic systems could cause problems for the Town by plugging the Town Sewer. RESOLUTION 4134 REFERRAL TO TOWN PLANNING BOARD - referral to Planning Motion by Councilman O'Donnell Board - special permit Cortlandville Lodge Seconded by Councilman Testa VOTES: ALL AYE ADOPTED WHEREAS, a request has been submitted by the Masonic Lodge for a Aquifer Protection District Special Permit to develop over the Aquifer at Tax map parcel no. 77.17- 01-089 and WHEREAS, the next step in the process of acquiring a Special Permit is review by the Cortlandville Planning Board, therefore BE IT RESOLVED, that said application for a Special Permit is hereby referred to the Cortlandville Planning Board for their review and recommendation. RESOLUTION #135 APPROVE JERRY BARROWS - WATER AND Approve Jerry Barrows -W&S Motion by Councilman Testa Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED RM Wednesday May 03° 1989 Page 5 WHEREAS, an application was submitted in April 1989 by Jerry Barrows of Truxton, New York, for plumber recognition and was tabled until further references could be submitted, and WHEREAS, Mr. Barrows has submitted a list of references and has requested that the Board reconsider his application, and WHEREAS, the Board has found said references to be in proper order, therefore BE IT RESOLVED, that the application submitted by Jerry Barrows, is hereby approved for both water and sewer connections, and be it further RESOLVED, that his name shall be added to the approved plumber list of the Town of Cortlandville. RESOLUTION #136 REQUEST LONG SEQR FORM FROM AIRPORT Motion by Councilman Rocco Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED WHEREAS, a request has been submitted by Mary Van Meusgeier, Mark McClure, and Michael Kruman to rezone a parcel of land in the Town of Cortlandville from Residential R-1 to Airport Service District, and said request has been referred to the Planning Board for their recommendation, and WHEREAS, the Town Board as Lead Agency believes that said project could have an adverse impact on the environment, therefore BE IT RESOLVED, that the Town Board does hereby request a Long Environmental Assessment Form be submitted by McClure, Meusgeier, and Kruman for the change of zone request by said parties, and also RESOLVED, that CEO, Bruce Weber shall notify the applicants of said request. Town Highway superintendent apprised the Board of the progress of the recycling project in the Town of Cortlandville. He stated that there seems to be a problem getting volunteers to man the stations on weekends, as it is on a volunteer basis. Supervisor Pierce apprised that he would investigate the possibility of area agencies that could help to alleviate said problem. A motion was made by Councilman Rocco, seconded by Councilman O'Donnell, to recess the regular meeting and convene to an Executive Session , in the matter of pending litigation. All voting aye, the motion was carried. The following information was received from the Supervisor's office: request Long 8EQR form for Airport Drive-ij Development recycling project 104 Wednesday May 03, 1989 Page 6 A motion was made by Councilman Rocco, seconded by Councilman O'Donnell, to adjourn the Executive Session and reconvene the Regular Meeting. All voting aye, the motion was carried. No action was taken. A motion was made by Councilman Testa, seconded by Councilman O'Donnell, to adjourn the regular meeting. All voting aye, the motion was carried. The meeting was adjourned at 7:40 p.m. Respectfully submitted, R. Diane Demeree Deputy Town Clerk Town of Cortlandville