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Home My WebLink About09-21-1988Wednesday September 21, 1988 5:00 P.M. Regular Meeting 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 Councilman Theodore Testa Town Clerk Pauline Parker Others present were Town Attorney, Phillip Rumsey; Town CEO, Bruce Weber; Town Engineer, Hayne Smith; newsreporter, Dick Camerano; Attorney, George Yeager; Attorney, Calvin Fitts; Gary Criselli, representing Dr. Lee Ambrose, William McDermott, and Todd Sunday, Student at SUNY of Cortland. The meeting was called to order by Supervisor Pierce at 5:00 o'clock p.m. He requested that all those in attendance rise and pledge allegiance to the flag. Payment of Vouchers Motion by Councilman O'Donnell 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 Vouchers #445 - 456 $ 7,874.22 Highway Fund 264 - 276 32,842.85 Water Fund 155 - 161 2,485.13 Sewer Fund 95 - 102 110,852.94 Supervisor Pierce offered the privilege of the floor to Dr. Lee Ambrose. Mr. Ambrose presented his proposed plan to develop properties behind his proposed office complex on Rt 281. This process would require a zoning change from R-1 to Lee Ambrose R-3 for multi -dwellings. This involves 20 acres. offices The Town Board directed him to present this to the Rt 281 Town CEO to initiate the necessary procedures. Supervisor Pierce offered the privilege of the floor to William McDermott. Mr. McDermott requested a 6" line to service his residence and future development of Highland Heights, im. McDermott off of Highland Road. He apprised the Board that he has 6" line request already been authorized by the Town Engineer to use a 1 1/2" line. Town Engineer, Hayne Smith, apprised the Board that the Town has authority to deny this request, due to lack of pressure at that point. The State requires Public Water supply to have a minimum pressure of 20 pounds per sq. in. Li 0 -3 o 40 Wednesday September 21, 1988 Page 2 RESOLUTION #233 ACCEPT WILLIAM MCDERMOTT'S REQUEST FOR A 6" WATER LINE FOR HIGHLAND HEIGHTS Motion by Councilman Rocco NO ONE SECONDED THIS MOTION, THEREFORE NO ACTION TAKEN A lengthy discussion followed regarding this matter. The Town attorney, Phillip Rumsey advised the Board of legalities involved. Town Engineer, Hayne Smith apprised the Board that the Health Department requires a pump station at this location. The lack of adequate pressure concerns him as it could be detrimental to the Town to accept these responsibilities to accommodate one house. RESOLUTION #234 DENY WILLIAM MCDERMOTT'S REQUEST FOR 6" LINE FOR HIGHLAND HEIGHTS Motion by Councilman Thorpe Seconded by Councilman Testa VOTES: AYE Supervisor Pierce Councilman Thorpe Councilman Testa NAY Councilman Rocco Councilman O'Donnell ADOPTED WHEREAS, William McDermott has requested a 6" line to hook in to Town Water supply at his residence on Highland Road, and WHEREAS, Town Engineer has apprised the Board that it would be detrimental to the Town to supply this residence with a 6" line, since there is insufficient pressure at this point on Highland Road, therefore BE IT RESOLVED, that the Town of Cortlandville denies the request by William McDermott to use a 6" line at his residence on Highland Road. William McDermo- 6" water request deny McDermo�t RESOLUTION #235 AUTHORIZE SUPERVISOR PIERCE AND ENGINEER SMITH TO PROCEED WITH LONG RANGE PLANS - Authorize Mel Motion by Councilman O'Donnell and Hayne to Seconded by Councilman Rocco proceed with lon,_ VOTES: ALL AYE ADOPTED WHEREAS, concern has been expressed several times recently in regards to recent growth of the Town and the availability of water lines to accommodate such growth, and WHEREAS, it is the responsibility of the contractors to install water lines within their area, therefore BE IT RESOLVED, that Supervisor Pierce and Engineer Smith are hereby authorized and directed to proceed with preparing a proposed schedule for providing future expansion of Town water mains to accommodate future growth of the Town of Cortlandville. Wednesday September 21, 19B8 Page 3 RESOLUTION 0236 REFERRAL TO CORTLANDVILLE PLANNING BOARD AND COUNTY PLANNING BOARD SPECIAL PERMIT APPLICATION referral to Planning Motion by Councilman O'Donnell Board & County Special Permit Seconded by Councilman Testa VOTES: ALL AYE ADOPTED Chaxles Timmerman WHEREAS, Charles Timmerman of 3267 Rt. 215, Cortland, Ny is proposing a project located in the Tributary Water Shed in the Aquifer Protection District and has submitted a special permit application to the Town, and WHEREAS, the next step in the process of acquiring a special permit for developing over the Aquifer, is review by the Cortlandville Planning Board and the Cortland County Planning Board, therefore BE IT RESOLVED, that the application for a special permit from Charles Timmerman is hereby referred to the Cortlandville Planning Board and the Cortland County Planning Board for review. RESOLUTION #237 SET DATE FOR PUBLIC HEARING OCTOBER 19, 1988 AT 5:30 P.M. Set date for Public Motion by Councilman Thorpe Hearing 1»/1o/�� '�^a ~/ // Seconded by Councilman O'Donnell SpeoiaIPezmit- VOTES: ALL AYE ADOPTED Timmerman WHEREAS, Charles Timmerman has submitted a request for a special permit to develop over the Aquifer, and WHEREAS, this permit has been referred to the Cortlandville Planning Board, and WHEREAS, Mr. Timmerman has submitted his Long Environmental Form as per required by SEQR to the Town for their review, and WHEREAS, the continuing process requires a Public Hearing before the Town Board, therefore BE IT RESOLVED, that a Public Hearing shall be held before this Town Board on October 19, 1988 at 5:30 P.M. to review said application, contingent on acceptance by the Cortlandville planning Board and the Cortland County Planning Board. RESOLUTION #238 ACKNOWLEDGE RECEIPT FROM STATE - LOCAL LAWS NO. 2 9 RR - AND g FOR 19 receipt �rn� G�. �� Motion by Councilman O'Donnell Local Laws No 20,405 Seconded by Councilman Thorpe VOTES: ALL AYE ADOPTED WHEREAS, notice was received from New York Department of State on September 8, 1988 apprising that they had received Local Laws No.2,3,4, and 5 for 1988, therefore BE IT RESOLVED, that Local Law No.2 for 1988, providing for an amendment to Local Law No. 1 for 1988 (Town of Cortlandville Zoning Law) became effective September 12, 1988 in accordance with Section 27 of the Municipal Home Rule Law, and also s 11 40 0 Wednesday September 21, 1988 Page 4 RESOLVED, that Local Law No. 3 for 1988, providing for a zone change from Agricultural to Business for Kris Larsen of Blodgett Mills became effective September 12, 1988 in accordance with the provisions of the Municipal Home Rule Law, and also RESOLVED, that Local Law No. 4 for 1988, providing for a zone `change from Agricultural to Business for Angelo Cincotta of Blodgett Mills became effective September 12, 1988 in accordance with the provisions of the Municipal Home Rule Law, and also RESOLVED, that Local Law No. 5 for 1988, providing for a zone change from R-1 to Business for Ron Hall on Rt. 13, became effective September 12, 1988 in accordance with the provisions of the Municipal Home Rule Law. RESOLUTION #239 AUTHORIZE TOWN CLERK TO WRITE A LETTER ` ` � Motion by Councilman O'Donnell Seconded by Councilman Thorpe VOTES: ALL AYE ADOPTED WHEREAS, the Town Clerk, Pauline H. Parker, has issued at Transient Permit to Kurt Charles for the purpose of selling in the Town of Cortlandville, and WHEREAS, the Clerk's office is holding a Certified Check in the amount of it, 1,000.00 for security until Mr. Charles reports his sales to the Town, and WHEREAS, said permit expired on July 31. 1988, and Mr. Charles has not reported his sales, therefore BE IT RESOLVED, that the Town Clerk, Pauline H. Parker is hereby authorized and directed to write a letter to Kurt Charles, informing him that if he does not reply within a reasonable length of time, the certified check will be forfeited. Authorize Pauline to write letter Kurt Charles transient prn�t RESOLUTION 1-1:240 SET DATE FOR PUBLIC HEARING FOR PRELIMINARY BUDGET FOR THE TOWN OF onlilio hearing Motion by Councilman O'Donnell Preliminary Seconded by Councilman Thorpe Budget VOTES: ALL AYE ADOPTED BE IT RESOLVED, that a Public Hearing shall be held on November 02, 1988 at 7:30 p.m. at the Town Hall to review the 1989 Town of Cortlandville Preliminary Budget. RESOLUTION #241 SET DATE TO ADOPT THE 1989 BUDGET FOR TOWN OF. COR*Fl.-ANDVII-1--E----140VElIL71ER 16,.198R Motion by onc Councilman O'Donnell Set date to n Secoded by Cuilan radopt budget mTho pe ~ VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Budget for 1989 for the Town of Cortlandville shall be adopted at the Regular Town Board Meeting of November 16, 1988. Wednesday September 21, 198B Page 5 RESOLUTION #242 AUTHORIZE TO CONTINUE FUNDING PROGRAM Authorize to continue Motion by Councilman Rocco funding EDC Seconded by Councilman Thorpe VOTES: ALL AYE ADOPTED WHEREAS, the Cortland Chamber of Commerce has requested the same allocation as in previous years, from the Town of Cortlandville for the Town's share of the Economic Development Program, and WHEREAS, information previously requested from the Economic Development Committee by the Town Board has been received and reviewed and found to be satisfactory, therefore BE IT RESOLVED, that the Town of Cortlandville does hereby honor the request of the Economic Development Committee to further economic development within the County and will proceed with payment as usual. A discussion followed regarding a meeting to be held at the County Office Building on September 24, 1988 recycling concerning recycling of rubbish. Supervisor Pierce advised everyone to attend if possible, as this is something that the Town will definitely become involved in the future. RESOLUTION #243 AUTHORIZE THE TRANSFER OF THE TOWN OF CORTLANDVILLE'S PRIVATE ACTIVITY VOLUME BOND LIMITATION UNDER SECTION 146 OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED TO THE CORTLAND COUNTY INDUSTRIAL DEVELOPMENT AGENCY 1othozioa Motion by Councilman Thorpe transfer of Mille Seconded by Councilman O'Donnell activity volume limitation VOTES: ALL AYE ADOPTED DozNCC WHEREAS, NCC Industries, Inc (the "Company") has requested the Cortland County Industrial Development Agency (the "Issuer") to undertake a project (the "Project") consisting of (A) (1) the acquisition of an approximately twenty-five (25) acre parcel of land located on Luker Road in the Town of Cortlandville, Cortland County, New York (the "Land"), (2) the construction thereon of an approximately 155,000 square foot building (the "Facility") to be owned and operated by NCC Industries, Inc., a corporation organized and existing under the laws of the State of Delaware having an office for the transaction of business at 163 Main Street, Cortland, New York 13045 (the "Company") for use as a warehousing, shipping, repair and change of finished goods facility, and (3) the acquisition and installation therein and thereon of certain machinery and equipment (the "Equipment") (the Land, the Facility and the Equipment being sometimes hereinafter collectively referred to as the "Project Facility"); and (B) the financing of a portion of the costs of the foregoing by the issuance of its $4,590,000 Industrial Development Revenue Bonds (NCC Industries, Inc. Project), Series 1988A (the "Series A Bonds"); and 0 Wednesday September 21, 1988 Page 6 WHEREAS, in order for interest on the Series A Bonds to be excluded from gross income for federal income tax purposes, under Section 146 of the Internal Revenue Code of 1986, as amended (the "Code"), the Series A Bonds must receive an allocation of New York State's private activit\^bond limitation (the "State's Bond Ceiling"); and WHEREAS, the New York State Legislature has not adopted any procedure for allocating the State's Bond Ceiling, therefore, the State's Bond Ceiling is allocated in accordance with the procedures set forth in Section 146 of the Code; and WHEREAS, under Section 146 of the Code, the Town of Cortlandville has been allocated $165,000; and WHEREAS, pursuant to Article 8 of the Environmental Conservation Law, Chapter 43-B of the Consolidated Laws of New York, as amended, and the regulations of the Department of Environmental Conservation of the State of New York promulgated thereunder, as amended (collectively referred to hereinafter as the "SEQR Act"), the Agency determined by resolution dated November 17, 1987 that the Project is a "Type 1 Action" (as such quoted term is defined by the SEQR Act); and WHEREAS, all involved agencies known to the Agency, including the Town Board of the Town of Cortlandville, agreed in writing that the Agency could act as "lead agency" with respect to the Project; and WHEREAS, on November 17, 1987, the Agency gave written notice of its "negative declaration" (as such quoted term is defined by the SEQR Act) to all involved agencies, including the Town Board of the Town of Cortlandville; NOW, THEREFORE BE IT RESOLVED BY THE TOWN BOARD OF THE TOWN OF CORTLANDVILLE, AS FOLLOWS: 1. The Town of Cortlandville does hereby assign its entire portion of the State Ceiling to the Issuer to be utilized with respect to the Project. Such assignment shall be evidenced by this resolution. 2. The members, officers, employees and agents of the Town Board are hereby authorized and directed for and in the name and on behalf of the Town Board to do all acts and things, and to execute and deliver all such additional certificates and instruments as may be -�' necessary or in their opinion desirable and proper to effect the purposes of the foregoing resolution. 3. This resolution shall take effect immediately. RESOLUTION 0244 AUTHORIZE PAY INCREASE FOR GLENN Motion by Councilman O'Donnell Seconded by Councilman Thorpe VOTES: ALL AYE ADOPTED WHEREAS, Glen Bassett has completed the probationary six month period in the position of motor equipment operator, for the Highway Department, in compliance with the Personnel Policy of the Town of Cortlandville, therefore Aothorimepa3a raise Glenn Bassett Wednesday September 21, 1988 Page 7 BE IT RESOLVED, that Glenn Bassett shall be granted an increase in pay from $6.50 per hour to $7.00 per hour, effective August 28, 1988. RESOLUTION #245 AUTHORIZE TOWN ENGINEER TO INVESTIGATE FEASIBILITY OF A WATER DISTRICT FOR Authorize Bayne investigate water Motion by Councilman O'Donnell district for Renaissance Seconded by Councilman Testa VOTES: ALL AYE ADOPTED WHEREAS, Renaissance is developing the lands between Rt 281 and Cosmos Hill and has requested public water supply, and WHEREAS, such project requires usage of Village of Homer water as they are the closest supply, therefore BE IT RESOLVED, that Town Engineer, Hayne Smith is hereby authorized to investigate the feasibility of creating a water district for Renaissance at their location between Rt. 281 and Cosmos Hill. A lengthy discussion followed regarding fire inspections required by the Town. fire inspections Town CEO, Bruce Weber apprised the Town of the for the town benefits of the Town having it's own inspector as opposed to contracting the inspections to an outside company. No action was taken. Supervisor Pierce apprised the Board of a request �aII �r��t� Nick Renzi by Nick Renzi from Pall Trinity to meet with him again. After much discussion regarding inspections of the construction at Pall Trinity by the Town Code Enforcement Officer, Bruce Weber, it is the consensus of the Board Members that another meetinq of the Board was not necessary. Supervisor Pierce will contact him. 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 7:00 p.m. ed ` Pauline H. Parker CMC Town Clerk Town of Cortlandville