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HomeMy WebLinkAbout10-04-1989170 Wednesday October 04, 1989 7:30 P.M: PUBLIC HEARING SPECIAL PERMIT - BESTWAY­ENTERPRI-SES - LUKER ROAD A Public Hearing was held at the Town Hall, 15 Terrace Road, Cortland, NY, at 7:30 p.m., concerning the application of Bestway Enterprises for a Special Permit to develop over the Aquifer. Members present: Supervisor Melvin Pierce Councilman Edwin O'Donnell Councilman Raymond Thorpe Councilman Ronal Rocco Town Clerk Pauline H. Parker absent: Councilman Theodore Testa Others present were Town Attorney, Phillip Rumsey; Town CEO, Bruce Weber; Town Highway Superintendent, Carl Bush; Manager, Robert Risavi and Attorney, Tom Gilhooley, representing Bestway Enterprises, and Bob Fox, of Yaman Real Estate; Newsreporter, Mike Middlestat and town resident, Diane Demeree. LEGAL NOTICE TOWN OF CORTLANDVILLE AQUIFER PROTECTION PERMIT HEARING Notice is hereby given that pursuant to Section BA.8 of the Town of Cort- landville Zoning Law, a Public hearing will be held before the Town Board of the Town of Cortlandville, Cortland County, New York at the Town Hall, 15 Ter- race Road, Town of Cort- landville, New York on Oc- tober 4, 1989 at 7:30 o'clock p.m. concerning the ap- plication for a special per- mit. The application is 'for' a' special permit for the con- struction, use and occupan- cy of a 28,800 square feet metal building with con- crete floor and open sides', for the storage of pressure' treated lumber by`Bestway Enterprises, Inc. Said use is proposed on a parcel of land of approximately .80- acre on the southeast side' of Luker Road and is a poi Lion of a 26.3 acre parcel, owned by Joseph -and Ben! ny Gunzenhauser in the Town of Cortlandville and known as Tax Map Parcel 95.00-05-10. The property is located in the Primary Aquifer area of the Aquifer Protection District of the• Town of Cortlandville and• is in a zoning district" designated Business. At the time and place of said hearing all parties in ,inter st and citizens shall havean opportunity to be heard. Dated: September 21, 1989 PAULINE H. PARKER, -,TOWN CLERK Town of Cortlandville 15 Terrace Road -ortland, New York 13045. , 224-1t. The Public Hearing was called to order by Supervisor Pierce at 7:30 p.m. The Town Clerk read aloud the Legal Notice as shown: Supervisor Pierce offered those present the privilege of the floor. A Attorney, Tom Gilhooley, representing Bestway Enterprises, explained that after the meeting with the Planning Board they decided to put a cover over the building to house the lumber. It will also have a concrete floor. Councilman O'Donnell expressed pleasure of the decision made. It will be a benefit to everyone. With no further comments, a motion was made by Councilman O'Donnell, seconded by Councilman Thorpe, to close the Public Hearing. All voting aye, the motion was carried. The Public Hearing was closed at 7:40 p.m. 1 1 1 Wednesday October 04, 1989 7:40 P.M. PUBLIC HEARING HIGHLAND ROAD WATER STORAGE TANK CONSTRUCTION A Public Hearing was held at the Cortlandville Town Hall, 15 Terrace Road, Cortland, New York on October 4, 1989, following a Public Hearing on Bestway Enterprises Aquifer Permit, in regards to the Highland Road Water Storage Tank Construction. Members present: Supervisor- Melvin Pierce Councilman Edwin O'Donnell Councilman Raymond Thorpe Councilman Ronal Rocco Town Clerk Pauline Parker absent: Councilman Theodore Testa Others present were Town Attorney, Phillip Rumsey; Town CEO, Bruce Weber; Town Highway Superintendent Carl Bush; Manager, Robert Risavi and Attorney, Tom Gil.hooley from Bestway; Bob Fox, from Yaman Real Estate; Newsreporter, Mike Middlestat and town resident, Diane Demeree. n, Terrace Road, cart- The Public Hearing was called to Ha LEGAL NOTICE land, New York on the 4th order by Supervisor Pierce at 7: 40 p.m. day of October, 1989 at NOTICE OF 7:30 o'clock p.m. of that , PUBLIC HEARING day to hear all persons in- The Town Clerk read aloud t h e TOWN OF terested in the proposed CORTLANDVILLE water :mprovement, and Legal Notice as shown: for sugi other action of ORDER PURSUANT TO said Town Board with rela- 'OWN LAW SECTION 209-q tion to the said water im- (3) "HIGHLAND ROAD provement as may be re- Supervisor Pierce offered those WATER STORAGE TANK quired by law or be deem- present the privilege of the floor. CONSTRUCTION" ed proper. BY ORDER OF THE TOWN Whereas, there was filed' BOARD OF THE TOWN OF in the Office of the Town CORTLANDVILLE, NEW Clerk of the Town of Cort- YORK. landville, Cortland County, Adopted: Councilman O'Donnell questioned the New York, general plans, September 20, 1989 type Of tank to be constructed. map and engineering report relating to the con- PAULINE H. PARKER, Supervisor Pierce indicated it struction of a second Town TOWN CLERK of Cortlandville public Town of Cortlandville would be a concrete tank instead of a water storage tank on ap- 15 Terrace Road jnal-VeStOrf? type which was suggested proximately one acre of _ortland, New York 13045. YP gg land near Highland Road, 224.1t first by the Town Engineer. The as required by Section 209- q and 209-c of the Town harvestore type Would require gaskets askets Law, and are available for benefited by the proposed public inspection, and water improvement; and replaced every few years. There would Whereas, the proposed, the cost o, the proposed improvement consists of water project and all be, no maintenance On a COneretP_ tank. easements and other land previous improvements acquisition, sitework, land' shall be spread upon and The concrete tank would be much larger, surveys, soil borings, the over the enlarged to aecomodate installation of and the con- benefited area, all of such ' struction of a water improvements constituting growth, and would blend in better With storage tank with capacity one water system, such of approximately 1,000 ,000 system being described by the surroundings. gallons, service connec and including the areas set Lion, and other items in ac- forth in the "Northwest cordance with the said Cot' Resolution Water lrn- plans now on file in the Of- povemen fice of the Town Clerk of adopted by this Board on Resident Diane Demeree Wanted to 4-low the Town of Cortlandville. April 5, 1989, and and Whereas, it is further how the location was chosen. It Was Whereas, the maximum proposed that the costs of explained to her that the this location amount proposed to be ve- mai to angce, operation pended for said improve- Was chosen because 1t 1S On the same ment is $600,000.00, and and repair of said improve - Whereas, the proposed ment of services shall be a elevation as the existing t am k which method of financing the charge upon the area of - saidimprovementisbythe the Town of Cortlandville 1S necessary, so as not to interfere issuance of bonds by the outside of Villages and with the Water pressure. maximum of Cortlandville for a shall be levied and col - maximum term of forty lected in the,same mariner years at prevailing in- and at the same time as terest; all costs, including other Town charges, pro - the principal and interest vided that it is the intention on said bonds or other of the Town Board that With no further comments or obligations authorized to such costs will be raised in questions from those present, a motion be issued shall be borne by the first instance from the lands benefited by such water rates, charges and Nava made by Councilman O'Donnell, improvement and such fees upon all lots or parcels costs shall be assessed, heretofore and hereafter seconded by Councilman Rocco, to levied and collected from serviced by Town Law Arti- _ 1.O Se the Public Hearing . A 1 1 voting the several lots or parcels cle 12-C Water Im--- of land within said Town of provements, and aye, the motion Was carried. Cortlandville in just pro- W h e r e a s, an E n- portion. to the amount of vironmental Assessment benefit which the improve- For, a5ro the ben preparedment shall confer upon p En - such lots or parcels; it is vironmental Quality own of Cortlahe Public Hearing was closed at further hereby proposed Review Act, and is That all lots or parcels in available for review by the 7.50 p . m . the Town public at the Cortlandville outside of Villages, Town Hall,' capable of being serviced it Is Hereby by the "Article 12-C' Water Ordered, that a meeting Improvements heretofore of the Town Board of the and hereafter provided, said Town of Cortlandville are lots of parcels shall be held at the Town 1"72 Payment of October Vouchers Wednesday October 04, 1989 Regular Meeting 7:50 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, with Supervisor Pierce presiding. Members present: Supervisor Melvin Pierce Councilman Raymond Thorpe Councilman Edwin O'Donnell Councilman Ronal Rocco Town Clerk Pauline Parker absent: Councilman Theodore Testa Others present were Town Attorney, Phillip Rumsey; Town CEO, Bruce Weber; Town Highway Superintendent, Carl Bush; Manager, Robert Risavi and Attorney, Tom Gilhooley from Bestway Lumber, Bob Fox from Yaman Real Estate and town resident, Diane Demeree. The meeting was called to order by Supervisor Pierce at 8:00 o'clock p.m., following the Public Hearings regarding a Special Permit for Bestway Lumber and Highland Road Water Storage Tank Construction. A motion was made by Councilman Thorpe, seconded by Councilman O'Donnell, to approve, as written, the Cortlandville Town Board minutes of September 06, 1989. All voting aye, the motion was carried. RESOLUTION #245 AUTHORIZE PAYMENT OF VOUCHERS - OCTOBER Motion by Councilman Rocco Seconded by Councilman Thorpe VOTES: ALL AYE ADOPTED BE IT RESOLVED, that the vouchers submitted have been audited and shall be paid as follows: General Fund A Vouchers #306 - 319 $ 3,629.54 General Fund B 110 - 116 4,464,31 Highway Fund 295 - 303 6,996.57 Water Fund 133 - 141 29,457.81 Sewer Fund 64 - 69 28,483.13 Capital Projects 87 - 90 63,214.29 Supervisor Pierce offered the privilege of the floor to Bruce Weber. Mr. Weber has been approached by a group of concerned Town residents to write a letter to the New York State commission about the impact the nuclear dump will. have on this community. RESOLUTION #246 AUTHORIZE BRUCE WEBER CODE ENFORCEMENT OFFICER B.Weber letter TO WRITE LETTER TO SITING COMMISSION to Siting NUCLEAR WASTE DUMP Commission Waste Dump Motion by Councilman Rocco Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED WHEREAS, a request was made by Town residents for Mr. Weber to write to the siting commission about the impact the nuclear dump would have on the community, and 1 11 Wednesday October 04, 1989 Page 2- WHEREAS, Mr. Weber had already talked with contractors who stated that they had already lost business due to the siting commission considering the location of the dump in Cortland County, therefore BE IT RESOLVED, that Mr. Weber is hereby authorized to write a letter to the New York State siting commission stating the concerns of Town residents of the impact the dump will have on the Town. The reports of the various departments are on the table for review, and are available for inspection, in the Town Clerks office. A motion was made by Councilman Thorpe, seconded by Councilman O'Donnell, to receive and file the letter from Timothy E. Buhl, P.E., Cortland Housing Group. All voting aye, the motion was carried. The letter was in regards to a sewer extension south of Groton Avenue Plaza. He advised that he did not own the land at the present time, however they anticipated a closing in mid October. A motion was made by Councilman Thorpe, seconded by Councilman O'Donnell, to receive and file a letter from the City of Cortland, sent to the Cortlandville Planning Board. All voting aye, the motion was carried. Received was a certified copy of a resolution adopted by the Common Council of the City of Cortland, in regards to the Cortland Housing Group application -to construct a housing project near the City of Cortland Waterworks. RESOLUTION #247 DECLARE NEGATIVE IMPACT - SPECIAL PERMIT - Negative BESTWAY ENTERPRISES - LUKER ROAD impact Bestway Enterprises Motion by Councilman Thorpe Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED WHEREAS, Application was made by Bestway Enterprises, for an Aquifer Protection Special Permit and a Public Hearing was duly held by the Town Board, and WHEREAS, The Town Board as Lead Agency, for this project has reviewed the Environmental Assessment Form required per the State Environmental Quality Review Act, therefore BE IT RESOLVED, that the Town Board does hereby declare that the proposed project of Bestway Enterprises, will have no significant impact on the environment, and RESOLVED, that the Supervisor is hereby authorized to sign a Negative Declaration regarding this application. RESOLUTION #24B APPROVE SPECIAL PERMIT TO BESTWAY ENTERPRISE ON LUKER ROAD Motion by Councilman Thorpe Seconded by Councilman Rocco VOTES; ALL AYE ADOPTED Special permit Bestway Enterprise 174 Liquor Lcense express Mart Tentative Budget Special permit Empire Vision Wednesday October 04, 1989 Page 3 BE IT RESOLVED, that the Town Board does hereby authorize approval of an Aquifer Protection Special Permit, No. 12 of 1989, to Bestway Enterprises, located on Luker Rd,. RESOLUTION #249 ACCEPT NOTICE OF LIQUOR LICENSE RENEWAL EXPRESS MART- ROUTE 11-POLKVILLE NY Motion by Councilman Rocco Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED, that notice has been received from Express Mart, Inc. #308 Route 11, Polkville, NY advising that they are renewing their liquor- license in accordance with the Alcoholic Beverage Control Law. A motion was made by Councilman O'Donnell, seconded by Councilman Rocco, to receive and file the Certificate of Completion of Advanced Judicial Eduction Course by Mardis F. Kelsen. All voting aye, the motion was carried. RESOLUTION #250 RECEIVE TENTATIVE BUDGET FOR 1990 FOR TOWN OF CORTLANDVILLE Motion by Councilman Thorpe Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED BE IT RESOLVED, that the Town Clerk, Pauline H. Parker, presented to the Town Board the 1990 Tentative Budget for the Town of Cortlandville. Supervisor Pierce apprised the Board of the need to hold work sessions to work on the tentative budget for 1990. RESOLUTION #251 SET DATE FOR PUBLIC HEARING - SPECIAL PERMIT - EMPIRE VISION Motion by Councilman Thorpe Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED WHEREAS, Empire Vision has submitted an application for a Special Permit to develop over the Aquifer, and WHEREAS, the continuing process requires a Public Hearing before this Board, therefore BE IT RESOLVED, that a Public Hearing shall be held before this Town board on October 18, 1989 at 5:30 p.m. to review said application. RESOLUTION #252 AUTHORIZE SUPERVISOR TO WRITE LETTER TO Letter to CORTLAND COUNTY ECONOMIC DEVELOPMENT Economic COMMITTEE - 1990 - PAYMENT Development Committee Motion by Councilman Thorpe Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED 1 1 Wednesday October 04, 1989 Page 4 WHEREAS, a request was received from the Cortland County Economic Development Committee to continue Our contribution to them in 1990, as they are preparing their 1990 budget, and WHEREAS, a discussion was held by the town board expressing concern about unanswered questions in the past, therefore BE IT RESOLVED, that the Supervisor is hereby authorized to write a letter to the City of Cortland -to ask if the money we contribute to the Cortland County Economic Committee can be returned to the Town and placed into a fund for future sewer expansions in the Town, which would benefit both the City and Town of Cortlandville. RESOLUTION #253 AUTHORIZE SUPERVISOR TO SIGN EASEMENT FOR NIAGARA MOHAWK - LIME HOLLOW ROAD Motion by Councilman Thorpe Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED WHEREAS a request has been received from Niagara Mohawk for an easement to allow them to place poles and lines to accommodate our needs for the pump house for the Lime Hollow Well project, therefore BE IT RESOLVED that Supervisor Pierce is hereby authorized to sign the easement for Niagara Mohawk for our property located on Lime Hollow, and further RESOLVED, that such easement shall be received and filed. RESOLUTION #254 APPROVE CHANGE ORDER MCLEAN ROAD/LUKER ROAD SEWER PROJECT Motion by Councilman Thorpe Seconded by Councilman O'Donnell VOTES; ALL AYE ADOPTED WHEREAS, the Town Engineer, has submitted a change order for the McLean Road / Luker Road Sewer Project for additional work necessary for the project, therefore BE IT RESOLVED, that the 'Town Board does hereby approve the change order submitted for the 111cLean Road / Luker- Road Sewer project - NCC Industries, in the amount of $3,094.10:. asement iagara Mohawk Change Order M cL e an/ Luker Rd. RESOLUTION #255 APPROVE INSTALLATION OF FENCE AROUND Installati MCLEAN ROAD SEWER PUMP STATION M ncecEean Roa Motion by Councilman O'Donnell Sewer Pump Station Seconded by Councilman Thorpe VOTES: ALL AYE ADOPTED WHEREAS, it has been recommended that a fence be installed around the McLean Road Sewer pump station for safety reasons and also to prevent vandalism, therefore BE IT RESOLVED, that the Supervisor is hereby authorized to have a fence placed around the McLean Road Sewer pump station. Petition Starr Rd. Rt. #215 Wednesday October 04, 1989 Page 5 RESOLUTION #256 RECEIVE PETITION TO LOWER SPEED LIMIT AT INTERSECTION OF STARR ROAD 7 RT. #215 Motion by Councilman Thorpe Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED WHEREAS, as petition was received from Town of Cortlanville residents requesting that the speed limit be lowered to 35 mph at this intersection of Starr Rd. and Rt. #215. therefore BE IT RESOLVED the petition shall be received and filed, and further RESOLVED that such request to lower the speed limit and also to cut down the crest of the knoll above the light shall be forwarded to the state through the necessary channels, as such road is a State Road Councilman Thorpe reported on the meeting held recently with Mrs. Owen and her son in regards to the purchase of one acre of land from her to install a new water tank on. The Town engineer is preparing a sketch which will make her better aware of our intentions. Supervisor Pierce reported on the meeting held recently with Mr. & Mrs. James Stevens regarding obtaining an easement from them to cross his property for the Northwest Water Project. He has changed his mind, and has advised that he will not agree to an easement. This could delay the project another month. Having to use alternate routes may also increase the cost of the project. It was reported that other necessary easements are forthcoming soon. Councilman Thorpe made a motion, seconded by Councilman Rocco, to receive and file the Short Environmental Assessment Form, completed by Town Engineer, Hayne Smith, for the Highland Road Water Storage Tank. All voting aye, the motion was carried. RESOLUTION] #257 ADOPTED SUBJECT TO PERMISSIVE REFERENDUM adopted "HIGHLAND ROAD WATER STORAGE TANK :ighland Road CONSTRUCTION" PROJECT later Storage lank Motion by Councilman Thorpe Seconded by Councilman Rocco 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 relating to the construction of a second Town of Cortlandville public water storage tank on approximately one acre of land near Highland Road, Town of Cortlandville and designated "Highland Road Water Storage Tank Construction", as required by Section 209-q (2) and 209-c of the Town Law, and a short Environmental Assessment Form pursuant to the State Environmental Quality Review Act, and are available for public inspection, and Wednesday October- O4, 1989 Page 6 WHEREAS, an Order was duly adopted by the Town Board on September 20, 1989 reciting the filing of said general plans, the improvements proposed, and the estimated expense thereof and specifying October 41 1989 at 7:30 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 WHEREAS, a hearing in the matter was duly held by the Board on the 4th day of October, 1909 commencing at 7:30 p.m. at the Town Hall in the said Town 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 Raymond G. Thorpe, Councilman, seconded by Ronal L. Rocco, 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 water- tank construction 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" Water Improvements heretofore and hereafter provided, are lots or parcels benefited by the proposed water tank construction; and the cost of said construction project and all previous improvements shall be spread upon and over the enlarged benefited area, all of such improvements constituting one water system, such system being described by and including the areas set forth in the "Northwest Cortlandville Water Improvement "Resolution adopted by this Board on April 5, 1989, and it is further RESOLVED AND DETERMINED, that the construction of a water tank 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 the "Highland Road Water Storage Tank Construction," and it is further RESOLVED AND DETERMINED, that the proposed improvement, including costs of laird acquisition, rights of way, construction costs, legal fees, engineering and consultant fees, and all other expenses approximate to be a maximum of $600,000.00 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 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 water rates, charges and fees upon all lots or parcels heretofore and hereafter serviced by Town Law Article 12-C Water Improvements, and it is further 178 Wednesday October 04, 1989 Page 7 RESOLVED, that the Town Clerk of this Town shall within ten (10) 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, together with an application by this Board in duplicate for permission to create such improvement project as provided for by the Town Law Section 209-q (13) and that such application shall be executed by and in behalf of the Town Board by the Supervisor of the Town: 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 (b) (c), and it is further RESOLVED, that this Resolution is adopted subject to permissive referendum A motion was made by Councilman Thorpe, Seconded by O'Donnell, to adjourn the regular meeting. All Voting aye, the motion was carried. p tful ubmi ted, ,9 Pauline H. Parker CMC Town Clerk Town of Cortlandville 1 1 1