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Home My WebLink About12-06-1989«�� ' . - Wednesday, December 06, 1999 7:30 P.M. - , - PUBLIC HEARING - ' SPECIAL PERMIT #13 PECK FURNITURE INC- - A Public Hearing was held at the Town Hall, 15 Terrace Road, Cortland, New York` at 7:30 p.m.. concerning the application of Harwood Spaulding of Peck Furniture Inc. of the West Road for a Special Permit to develop over the Aquifer. Members present: Supervisor, Melvin Pierce Councilman, Raymond Thorpe Councilman, Theodore Testa Councilman, Edwin O'Donnell Councilman, Ronal Rocco Town Clerk/ Pauline Parker Others present were: Attorney~ Phillip Rumsey; Newsreporter, Skip Chapman; CEO, Bruce Weber; Tara Arnold, William Pauldine, James Stevens, MrMrs. Mark Johnson, Steve Terwilliger, and Harwood Spaulding. 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. The application has been approved by all necessary boards of the reviewing process. SuperviSor Pierce offered those in attendance the privilege of the floor. No questions nor comments were heard. Councilman Thorpe made a motion, seconded by Councilman Rocco, to adjourn the Public. Hearing. All voting aye, the motion was carried. The Public Hearing was closed at 7:35 p.m. 1 k Wednesday, December 06, 1909 7:30 P.M. PUBLIC HEARING SPECIAL PERMIT #IS V.I.P. STRUCTURES INC. A Public Hearing was held at the Town Hall, 15 Terrace Road, Cortland, New York, at 7:30 p.m., concerning the application of V.I.P. Structures Inc. for a Special Permit to develop over the Aquifer on Rt ##13. Member Present: Supervisor, Melvin Pierce Counc 1. lman, Raymond Thorpe CO L.11-IC i 1 Man, Theodore Testa Counci lman, Edwin O' Donnel 1 Councilman, Ronal. Rocco Town Clerk, Pauline Parker Others present i•jere: Attorney, Phillip Ramsey; CEO, Bruce Weber; Newsreporter, Ship Chapman; Tara Arnold, William Pauldine, James Stevens, Mr & firs. Nlark Johnson, Harwood Spaulding, and three representatives of V.I.P. Structures Inc. 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. The application has been approved by all necessary boards of the reviewing process. Supervisor Pierce offered those in attendance the privilege of the floor. Representatives of V.I.P. Structures responded to Councilman's questions such as there would be no gas stored at there, no long storage of trucks, and the general intended use of their facility. There being no more comments heard, Councilman Thorpe made a motion, seconded by Councilman Testa, to adliourn the Public Hearing. All voting aye, the motion was carried. The Public Hearing was closed at 7:40 p.m. Wednesday, December 6, 19B9 7:30 P.M. TOWN BOARD MEETING The Regular Town Board Meeting of the Town Board of the Town of CortlandvilIe was held at the Town Hall, 15 Terrace Road, Cortland, New York with Supervisor Melvin , Pierce presiding. Members present: Supervisor Melvin Pierce Councilman Raymond Thorpe Councilman Theodore Testa Councilman Edwin O'Donnell Councilman, Ronal Rocco Town Clerk, Pauline parker Others present were: Attorney, Phillip Rumsey; Newsreporter, Skip Chapman; CEO, Bruce Weber; William Pauldine` Tara Arnold, James Stevens, Mr. & Mrs. Mark Johnson, Steve Terwilliger, Harwood Spaulding of Peck Furniture and three representatives of V.I.P. Structures, The Meeting was caIled to order by Supervisor Pierce following the salute to the flag. Following were two Pub Iic Hearings regarding Special Permits of peck Furniture and V.I.P. Structures Inc. I A motion was made by Councilman Rocco, seconded by Councilman Testa, to approve, as written, the Town Board minutes of November B, 1989 and November 15, 1989. All voting aye, the motion was carried. Councilman Thorpe made a motion, seconded by Councilman O'Donnell, to receive and file the Planning Board minutes. All voting eye, the motion was carried. RESOLUTION #296 AUTHORIZE PAYMENT OF VOUCHERS-DECEMBER 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 #403 - 424 $ 41,672.96 Beneral Fund 8 132 - 140 12,492.08 Highway Fund 348 - 363 513876.04 W ater Fund 158 - 165 11,942.45 Sewer Fund 88 - 94 9,494.13 Mr. James Stevens presented a map of his Ridgeview Subdivision to inform the Town Board of changes he would like to make, or asked for Suggestions. Mr. Mark Johnson advised th� Town Board that he owns the lot where Mr. Stevens wants to make �a change, 21 Wednesday December b, 1959 Page P The Town Board advised Mr. Stevens that he would have to take his concern to the Town Planning Board and suggested that Mr. Johnson also attend that meeting. No action was taken. Mr, Bruce Cadman, Regional Representative of General Code Publishers Corp. was given the privilege of the floor to discuss his proposal that had been sent to all Councilman to review. The proposal provided information 'to codify the town's legislation. Mr. Cadman explained the lengthily process required to compile all the information. After all the data is collected, then meetings are held to review their findings. Mr. Cadman also discussed with the Board different; ways of paying for the project, Sample Law Service is also available. Ongoing costs were discussed. More thought will be given to the proposal. No action was. taken. Councilman Thorpe made a motion, seconded by Councilmen O'Donnell, that the letters received from NYS DEC regarding Nanam Corp. Water Supply permit shall be received and filed. All voting aye, the motion was carried. The letter advised Engineer, Tim Buhl that NYS DEC Will not issue a Water Supply Permit to Nanam Corp. until all requirements of the Public_ Service Commission have been met. Councilman Thorpe made a motion, seconded by Councilman O'Donnell, to receive and fi.1e the letter from Walter Tennant Jr, Cortland County Highway Sup't.. All voting aye, the motion was carried. The letter advised that he had been made aware_ of the tractor -trailer that is sometimes parked near the intersection of Lighthouse Hill Road and Locust Ave. He will be willing to erect the appropriate signs if the Town Board chooses to adopt parking regulations that would apply. The letter- also advised that the County is planning new construction on, the McLean Road next summer, if the Town wants to put ir-r water or sewer- lines in ti-rat area, it will be necessary to advise him of such as final plans are being circulated at the State and Federal. levels Cot.ancilman Thorpe made a motion, seconded by Councilman O'Donnell, to receive and file the letter received from Sammons Communications. All voting aye, the motion was carried. The letter advised that many changes are forthcoming as of January 1, 1990 and also rate increases were anticioated at the same time. A discussion was held concerning the franchise that we have with Sammons Communications. Councilman Rocco had received a request from Don Hart, Kinney Gulf Rd, for a cable hookup. Supervisor Pierce will contact our representative, Jim, Buttino, to see if the request can by honored. "a - Wednesday December 06, 1989 Page 3 RESOLUTION #297 DECLARE NEGATIVE IMPACT - SPECIAL PERMIT - PECK FURNITURE_ INC. - WEST RD. Motion by Councilman Rocco Seconded by Councilman O'Donnell VOTES: ALL AYE_ ADOPTED WHEREAS, Application was made by Peck Furniture Inc., for an Aquifer Protection Special Permit and a Public Hearing was duly held by this 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 Peck; Furniture Inc of the West Road, 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 #298 APPROVE SPECIAL PERMIT #13 TO PECK FURNITURE INC. OF WEST" ROAD Motion by Councilman Thorpe Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED BE IT RESOLVED, that the Torun Board does hereby authorize approval of an Aquifer Protection Special Permit, No. 13 of 1909. to Peck Furniture Inc. of the West Road. RESOLUTION #299 DECLARE TOWN BOARD AS LEAD AGENCY SPECIAL PERMIT APPLICATION FOR VIP STRUCTURES INC. Motion by Councilman Rocco Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED WHEREAS, application was made by VIP Structures Inc, for an Aquifer- Protection Special Permit and a Public Hearing was duly held by this Town Board, and WHEREAS, this application is classified as Type 41 Action and the long form environmental assessment form will be required, and WHEREAS, the Cortland County I.D.A. has become an involved agency in this project and may wish to be considered as Lead Agency, therefore BE IT RESOLVED, that this Town Board has determined that they shall be named Lead Agency for the Special Permit Application of V.I.P. Structures Inc., and further - RESOLVED that The Supervisor shall contact the Cortland County I.D.A. and inform them of such. as it is the desire of this Town Board to keep politics out of this issue, and RESOLVED that further review of this application shall be tabled until the next meeting of December 20, 1989. 1 1 1 Wednesday December 06, 1989 Page 4 RESOLUTION ff2OO ACKNOWLEDGEMENT FROM THE STATE FOR LOCAL LAW NO. S OF 1989 Motion by Councilman Thorpe Seconded by Councilman O'Donnell VOTES- ALL AYE ADOPTED BE IT RESOLVED, that acknowledgement from NYS Dept. of State has beer; received in regards to the filing of Local Law No. O of 1989 which amended the Town Zoning Law. RESOLUTION 4#301 ACCEPT RESIGNATION OF MARILYN BARKER DEPUTY TOWN CLERK #1 Motion by Councilman O'Donnell. Seconded by Councilman Thorpe VOTES: ALL AYE ADOPTED BE IT RESOLVED, that the resignation of Marilyn Darker, Deputy Town Clerk #1 is hereby accepted and shall. be effective on December 16, 1989. A motion Was made by Councilman O'Donnell, seconded by Councilman Rocco, to receive and file the notification from NYS DOT regarding our request to have the speed .limit lowered at the intersection of Route t#8l5 and -the Starr Road. They are investigating the matter. All voting aye, the motion was carried. A discussion was held concerning installing water and sewer lines along the McLean Road. Cortland County Highway Sup't., Walt Tennant has written a letter stating they are reconstructing the McLean Road next spring and if we were planning on installing new water or sewer lines in that area, it might be best to da it at the same time. Estimated cost factors, for both water and sewer, were providr..d to the Town Board for review. The state is planning on installing many di-ywells along the McLean Road at the time of reconstruction. No action was taker-. A request has been received from John DelVecchio for water service on North Homer Ave. He has just received subdivision approval from our Town Planning Board. A discussion was held whereby it was expl.ained to his partner, Steve Terwilliger, that we have no lines in that area. It, would be necessary for him to install his own lines arrd hook into the City of Cortland water lines, and foll.ow the procedures usual to a City hookup. RESOLUTION 430E SET DATE FOR A PUBLIC HEARING- S,PECIAL PERMIT - HEALTH SERVICES MEDICAL CORP. I'viot ion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE ADOPTED 220 Wednesday December Ob, 1989 Page 5 WHEREAS, Health Services Medical Corp. of CNY, Inc. has submitted an application for a Special Permit to develop over the Aquifer, and WHEREAS, the application has been referred to the Town Planning Board and other necessary agencies for review, therefore BE IT RESOLVED, that: a Public Hearing shall be held by the Town Board on January 17, 1990 at 5:30 p.m. to complete the process. RESOLUTION #303 SET DATE FOR A PUBLIC HEARING - SPECIAL PERMIT - SUITE-KOTE CORP. Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE ADOPTED WHEREAS, Suite-Kote Corp. has submitted an application for a Special Permit to develop over the Aquifer, and WHEREAS, the application had been referred to the Town Planning Board and other agencies for review, therefore BE IT RESOLVED, that a Public Hearing shall he held by this Town Board on January 175 1990 at 5:30 p.m. to complete the process. RESOLUTION #304 AUTHORIZE H'WAY SUP'T. TO LET OUT TO BID FOR SIX WHEEL DUMP TRUCK CHASSIS Motion by Councilman Thorpe Seconded by Councilman Rocco VOTES: ALL. AYE ADOPTED BE IT RESOLVED that the Highway Sup't., Carl. Bush, is hereby authorized to let out a bid for a new six wheel dump truck chassis, and further RESOLVED, that such bids shall be opened by the Town Clerk on January 15, 1990 at 3:00 p.m. and awarding of the bid shall occur on January 17, 1990 at 0:30 p.m. RESOLUTION 4905 AUTHORISE HIGHWAY SUP'T. TO APPLY FOR MOTOR VEHICLE INSPECTOR CERTIFICATION Motion by Councilman O'Donnell Seconded by Councilman Thorpe VOTES: ALL AYE ADOPTED BE IT RESOLVED, that the Town Highway Sup't. is hereby authorized to reapply for a Motor Vehicle Inspector Certification for a three year period, and further RESOLVED, that such fee of $25.00 is approved. Wednesday December OAS, 1989 Page b RESOLUTION #306 ADOPT A BOND RESOLUTION AUTHORIZING THE ISSUANCE OF $314,158 SERIAL BONDS OF THE TOWN OF CORTLANDVILLE. CORTLAND COUNTY, NEW PORK, TO PAY COSTS OF THE CONSTRUCTION OF THE LIME HOLLOW WELL. PROj ECT FOR THE LIME HOLLOW WELL COMPLETION WATER IMPROVEMENT AREA OF SAID TOWN Motion by Councilman Thorpe Seconded by Councilman Rocco VOTES- ALL AYE ADOPTED WHEREAS, pursuant to proceedings heretofore had and taken in accordance with the provisions of Article 12-C of the Town Law, and more particularly a resolution dated May 3, 1989 and the approval of -the Comptroller of the State C)f New York on JUTle 191 1989, the Town Board of the Town of Cortlandvi.11e, Cortland County, New York, has established the Lime Hollow Well Completion Water Improvement A; -ea; and WHEREAS, it is now desired to authorize the issuance of $31.11, 158 serial bonds of said Town to pay costs of the construction of the Lime Hollow Project for said Lime Hollow Well Completion Water- Improvement Area; and WHEREAS, all conditions precedent to the financing of such capital project, including compliance with the provisions of the State Environmental Quality Review Act, have been performed; NOW, THEREFORE_, BE IT RESOLVED, by the To�.�jn Board of the Town of Cortlandville, Cortland County, New York, as follows: Section 1.. For the specific object or purpose of paying costs of the construction of the Lime Hollow Well Project for- the Lime follow Well Completion Water Improvement Area., consisting of the construction and purchase of connection pipe, hydrants, highway crossing, cable, chlorination, telemetry and generator facilities, together with incidental expenses in connection therewith, at a Ma,,iMUM estimated cost of $1314,158, there are hereby authorized -to be issued $ 314, 1.58 ser i al bonds of said Town pursuant to the provisions of the Local Finance Law. Section 2. It is hereby determined that the maximum estimated cost of such specific object or purpose is $31.4,155, and that the plan for the financing thereof shall consist of thta issuance of the 1,314,158 serial bonds of said Town authorized to be issued pursuant to this bond resoltiti.on. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is twenty-five years, pursuant -to subdivision 1. of paragraph a of Section 11.00 of the Local Finance Law. It is hereby fui-then determined that the maximum maturity of the serial bonds herein authorized will, exceed five years. 2 2 2 Wednesday December OS, 1989 Page 7 Section 4. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anti.cipiation 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 of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said Supervisor, consistent with the provisions of the Local Finance Law. Section 5. The faith and credit of said Town of Cortlandvi.11e, Cortland County, New York, are hereby irrevocably pledged to the payment of the principal of and interest on such bonds as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such obligations becoming due and payable in such year. Section b. 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 obligations are authorized in violation of the provisions of the Constitution. Section 7. This resolution, which takes effect immediately, 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. The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows: Supervisor, Melvin H. Pierce VOTING AYE Councilman, Theodore Testa VOTING AYE Councilman, Edwin O'Donnell VOTING AYE Councilman, Raymond Thorpe VOTING AYE Councilman, Ronal Rocco VOTING AYE The resolution was thereupon declared duly adopted. Wednesday, December 06, 1989 Page B A discussion was held concerning property owners making application for sewer services only. The Town Sewer Ordinance does not clearly define this. The procedure has been that they also muss; purchase a meter to have installed on their well, as that is the only way to meter their consumption. I It was the consensous of the Town Board that this procedure should continue. RESOLUTION #307 AUTHORIZE PARTICIPATION! IN "HOLIDAY ON ICE" PROGRAM - CORTI_AND YOUTH BUREAU Motion by Councilman Thorpe Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED WHEREAS, a request was received from Francis Tokar, Director of the Cortland Youth Bureau asking the Town to participate again this year for the Christmas Holiday Program, therefore BE IT RESOLVED that the Town Board chooses to participate in the "Holiday On ice" Program, and the fiscal officer is hereby authorized to send $225.00 for the Town's cost of the program. RESOLUTION #308 AUTHORIZE DELET I ONI OF OBSOLETE EQUIPMENT FROM FIXED ASSETS PROGRAM FIRE STATION WEST RD. Motion by Councilman Thorpe Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, that the Supervisor is hereby authorized to delete the following obsolete equipment from the Town's Fixed Asset Program which were located at the Fire Station on the West Road for a total of $37241.37. (3) Furnaces = $2,867.00 (1) Electric Heater = 55.40 (1) Electric Heater = 52.95 (1) Air Compressor = 195.()2 ( 1) Heater - 71.00 RESOLUT I O!',,! 4309 AUTHORIZE SUPERVISOR TO SIGN 1990 CONTRACTS Motion by Councilman O'Donnell. Seconded by Councilman Thorpe VOTES: ALL AYE ADOPTED BE IT RESOLVED, that the Supervisor is hereby authorized to sign the following 1990 Contracts, subject to approval of the Town Attorney - Cortland Free Library $38,700.00 McGraw Lamont Library 4,300.00 Ryan and Rumsey 18,190.00 Cortland County S.P.C.A. 12,000.00 Hayes Ambulance 6,034.00 Atlantic inland 6,150.00 224 Wednesday, December 06, 1989 Page 9 A discussion was held concerning the calculations of water and sewer benefit tax. Engineer, Hayne Smith explained the method used. A complaint has been received from a property owner who owns two adjoining lots. One is vacant and the other has his house on it. Each lot is charged the unit charge because of road frontage. This is necessary because both lots are on separate deeds. Councilman Rocco requested the Town Supervisor, Town Engineer and Town Attorney to review this process. A discussion was held concerning alternative ways of installing sewer- lines along Rt . t✓:281 and the Groton Ave. Plaza. No action was taken. A motion was made by Councilman O'Donnell, seconded by Councilman Thorpe to adjourn the meeting. All voting aye, the motion was carried. The meeting was adjourned at 10:00 p.m. i (Respe tful l subm' tted, O;;L" Pauline H. Parker- CMC Town Clerk Town of Cortlandville 11