HomeMy WebLinkAbout02-07-2001FEBRUARY 07, 2001
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PUBLIC HEARING
PAGE GREEN ROAD
WATER IMRPOVEMENT PROJECT
A Public Hearing was held by the Town Board of the Town of Cortlandville at the
Town Hall, 3577 Terrace Road, Cortland, New York, concerning the installation of
watermains near and around Page Green Road.
Members present:
Absent:
Supervisor, Raymond Thorpe
Councilman, Theodore Testa
Councilman, Edwin O'Donnell
Councilman, Ronal Rocco
Town Clerk, Karen Q. Snyder
Councilman, John Pilato
Others present: Town Attorney, John Folmer; Highway Sup't., Carl Bush; Water &
Sewer Sup't., Peter Alteri; Planning Board Member, Nick Renzi; Cortland County Health
Dept., John Helgren, Audrey Lewis; Cortland County Soil & Water, Pat Reidy; City of
Cortland Water Board Sup't., Doug Withey; Suit-Kote representative, Dick Schutlz;
Attorney, David Alexander; Century Group representative, Walt Peterson; Petr-All
representatives, Pat Hyde, Mike Shafer, Mr. Whelan; town resident, Lydia Ferro and news
reporter, Chris Nolan.
Supervisor Thorpe called the Public Hearing to order.
The Town Clerk did not read aloud the published, posted and filed five page legal
notice. Town Attorney Folmer presented a synopsis of the legal notice for the Page Green
Water Improvement Project.
Supervisor Thorpe offered privilege of the floor to those in attendance.
With no comments or discussions heard the Public Hearing was closed.
Councilman Testa made a motion, seconded by Councilman O'Donnell, to close the
Public Hearing. All voting aye, the motion was carried.
The Public Hearing was closed at 5:01 p.m.
.50 FEBRUARY 07, 2001
TOWN BOARD MEETING
5:01 P.M.
The Regular Meeting of the Town Board of the Town of Cortlandville was held at
the Town Hall, 3577 Terrace Road, Cortland, New York, with Supervisor Thorpe
presiding.
Members present:
Absent:
Supervisor, Raymond Thorpe
Councilman, Theodore Testa
Councilman, Ronal Rocco
Councilman, Edwin O'Donnell
Town Clerk, Karen Q. Snyder
Councilman, John Pilato
Others present: Town Attorney, John Folmer; Highway Sup't., Carl Bush; Water &
Sewer Sup't., Peter Alteri; Planning Board Member, Nick Renzi; Cortland County Health
Dept., John Helgren, Audrey Lewis; Cortland County Soil & Water, Pat Reidy; City of
Cortland Water Board Sup't., Doug Withey; Suit-Kote representative, Dick Schutlz;
Attorney, David Alexander; Century Group representative, Walt Peterson; Petr-All
representatives, Pat Hyde, Mike Shafer, Mr. Whelan; town resident, Lydia Ferro and news
reporter, Chris Nolan.
Supervisor Thorpe called the meeting to order following a Public Hearing for Page
Green Road Water Improvement Project.
Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive
and file Town Planning Board Minutes of November 28, 2000. All voting aye, the motion
was carried.
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Motion by Councilman O'Donnell
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the vouchers submitted have been audited and shall be paid as
follows:
General Fund A
Vouchers #48 - 85
$20,864.00
General Fund B
8 - 13
$14,558.09
Highway Fund DB
25 - 48
$43,150.90
Water Fund
25 - 40
$20,244.31
Sewer Fund
12 - 20
$16,597.47
Capital Projects
3 - 5
$22,070.74
Supervisor Thorpe offered privilege of the floor to those in attendance.
John Helgren from the Cortland County Health Department was offered privilege of
the floor.
Mr. Helgren stated due to Rerob, LLC.'s proposed gas station on the comer of
Lime Hollow and Route 13, the County Health Department wanted to present a slide film
concerning the Aquifer.
Mr. Helgren explained around the late 1980's to the early 1990's the town had a
water pollution problem from Smith Corona. At that time a computer model was done
along with studies by USGS pertaining to conditions of the Aquifer. Using the slide films,
Mr. Helgren demonstrated the location of the Aquifer and where the town draws its water.
He explained the increase of water pumped by the Lime Hollow and Terrace Road wells
through out the study to the present. Mr. Helgren also explained the fluctuation of the City
of Cortland's water usage. The Aquifer in the town's area expands with less usage from
the city.
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FEBRUARY 07, 2001 TOWN BOARD MEETING PAGE 2 S1
Mr. Helgren used a computer model to explain how the dynamics of the Aquifer
could change with the addition of the proposed gas station and a higher pumping rate. He
stated the Aquifer Protection District applies to the whole town. Mr. Helgren
recommended the Board reviewed and possibly redrafts the Town's Aquifer Protection
Ordinance. Considering more protective regulations to the Aquifer in the area of its largest
contributors and relaxed in other areas. The Health Department would be willing to assist
the town with changes to the town's Aquifer Protection Ordinance.
A discussion was held concerning the flow rates used for the basis of the model.
Also the depth to ground water used in the USGS study and its effect on the Aquifer.
Audrey Lewis with Cortland County Environmental Health agreed with Mr.
Helgren commenting on how the town should look at relying on the Lime Hollow well in
the future vs. Terrace Road wells. The Aquifer Protection District may need a more highly
protective regulations in Lime Hollow area. Possibly add an additional restrictive zone.
Consideration should be given for the future before new development comes through that
area.
Mr. Helgren and Ms. Lewis explained the three steps in tracking a containment spill.
The Smith Corona spill was tracked and detected in the city's monitors. The Health
Department is trying to work with County Planning regarding New York State's plan for a
development zone in an attempt to protect the Aquifer.
Supervisor Thorpe stated that in summation the Aquifer in the area presented is the
most crucial.
Mr. Helgren stated the Health Department recommends denial of the proposed gas
station. They can see conditions that could possibly effect the water supply.
Pat Reidy with Cortland County Soil & Water recommended the Board may want
to take into account all the different conditions that could effect the Aquifer and consider a
long term plan to know that this is the zone you want to protect. Possibly looking at the
plan annually, depending on development.
Councilman Rocco inquired where a safe location would be for a gas station.
Ms. Lewis commented going south of Gracie Road or north on Route 281. Mr.
Helgren stated it would be difficult to recommend anything south of Route 222.
Ms. Lewis recommended looking into different types of industry that could be
considered high, medium or low risk to the Aquifer. Not totally restricting an industry in a
certain area. Some may have a higher risk and the town would want a prohibited use for
that area.
Supervisor Thorpe stated each application would be evaluated individually. Certain
types of facilities may be able to be categorized but each proposal would need to be
evaluated in terms of its danger to the Aquifer.
Monthly reports for the Tax Collector for January 2001 and the Supervisor for
December 2000 and January 2001 are on the table for review and filed in the Town Clerks.
Town Clerk Karen Snyder apprised the Board as of January 31, 2001 her office had
collected $4,343,000.00 without a substantial increase to the average tax bill.
RESOLUTION #38 BOND RESOLUTION OF THE TOWN OF
CORTLANDVILLE, NEW YORK, ADOPTED FEBRUARY
07, 2001, APPROVING THE CONSTRUCTION OF THE
PAGE GREEN ROAD WATER IMPROVEMENT WITHIN
THE AREA OF THE TOWN OUTSIDE OF VILLAGES,
WHICH AREA HAS BEEN DETERMINED TO BE THE
BENEFITED AREA, AND MAKING OTHER
DETERMINATIONS IN CONNECTION THEREWITH
Motion by Councilman Rocco
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
WHEREAS, the Town Board of the Town of Cortlandville, in the County of Cortland,
New York (herein called "Town Board" and "Town" respectively), proposes to construct
water improvements on and around Page Green Road in the Town, consisting of the
installation of watermain, where necessary, in accordance with said plans now on file in
the office of the Town Clerk of the Town of Cortlandville (the "Water Improvement"),
including buildings, land or rights in land, original furnishings, equipment, machinery and
apparatus required therefor, and all ancillary work thereto, at the estimated maximum cost
of $75,000, all within the area of the Town outside of any villages, which area has been
determined to be the benefitted area (herein referred to as the "Benefitted Area"), pursuant
to Article 12-C of the Town Law, in accordance with such map, plan and report; and
02 FEBRUARY 07, 2001 TOWN BOARD MEETING PAGE 3
WHEREAS, the Town Board has given due consideration to the impact that the Water
Improvement may have on the environment and, on the basis of such consideration, the
Town Board has found that no substantial adverse environmental impact will be caused by
the Water Improvement; and
WHEREAS, the Town Board and the Town have complied in every respect with all
applicable federal, state and local laws and regulations regarding environmental matters,
including compliance with the New York Environmental Quality Review Act, comprising
Article 8 of the Environmental Conservation Law and, in connection therewith, a duly
executed negative declaration and/or other applicable documentation has been filed in the
office of the Town Clerk; and
WHEREAS, the maximum amount proposed to be expended for the construction of such
Water Improvement is $75,000, which is planned to be financed by the issuance of serial
bonds of the Town and the levy and collection of special assessments from the several lots
and parcels of land within the Benefitted Area which the Town Board shall determine to be
especially benefitted by said Water Improvement., so much upon and from each as shall be
in just proportion to the amount of benefit which the Water Improvement shall confer upon
the same, to pay the costs of principal of and interest on said bonds as the same shall
become due and payable; and
WHEREAS, the Town Board has determined to proceed with the construction of such
Water Improvement and adopted an order on January 17, 2001, reciting a description of
the improvements proposed, a description of the proposed benefitted area, the estimated
maximum amount proposed to be expended for the Water Improvement, the proposed
method of apportioning the costs of the Water Improvement, the proposed method of
financing to be employed, the fact that a map, plan and report describing the same are on
file in the Town Clerk's Office for public inspection and specifying February 7, 2001, at
5:00 o'clock p.m. (Prevailing Time) as the time when, and the Town Hall, in the Town, as
the place where, the Town Board would meet to consider the construction of such Water
Improvement and to hear all persons interested in the subject thereof concerning the same,
and for such other action on the part of the Town in relation thereto as may be required by
law; and
WHEREAS, certified copies of such order were duly published and posted pursuant to the
provisions of Article 12-C of the Town Law; and a public hearing to consider the
construction of the proposed Water Improvement was duly held by the Town Board on
this 7'i' day of February, 2001, commencing at 5:00 o'clock p.m. (Prevailing Time) at the
Town Hall, in the Town, at which all interested persons desiring to be heard were heard,
including those in favor of, and those opposed to, the construction of said Water
Improvement;
NOW, THEREFORE, upon the evidence adduced at such public hearing, be it
RESOLVED, BY THE TOWN BOARD OF THE TOWN OF CORTLANDVILLE, IN
THE COUNTY OF CORTLAND, NEW YORK, AS FOLLOWS:
Section 1. It is hereby determined that:
(a) the notice of public hearing was published and posted as required by
law, and is otherwise sufficient:
(b) all the property in the proposed Benefitted Area is benefitted by the
Water Improvement and all the property benefitted by the Water Improvement is included
in the proposed Benefitted Area; and
(c) it is in the public interest to construct the Water Improvement,
described in the recitals hereof, within the Benefitted Area, at the estimated maximum cost
of $75,000.
Section 2. The construction of the Water Improvement within the Benefitted Area is
hereby approved, as hereinabove described, and such facilities are hereby authorized to be
constructed, as set forth in said Order Calling Public Hearing, within the Benefitted Area, in
the Town, situate wholly outside of any incorporated village, and said Benefitted Area is
more particularly bounded and described as follows:
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FEBRUARY 07, 2001 TOWN BOARD MEETING
The entire area of the Town outside of any villages.
PAGE 4
Section 3. The maximum amount proposed to be expended for said improvements
is $75,000 which is planned to be financed by the issuance of serial bonds of the Town
and the levy and collection of special assessments from the several lots and parcels of land
within the Benefitted Area which the Town Board shall determine to be especially
benefitted by such Water Improvement, so much upon and from each as shall be in just
proportion to the amount of benefit which such Water Improvement shall confer upon the
same, to pay the costs of principal of and interest on said bonds as the same shall become
due and payable.
Section 4. The $75,000 estimated expense of such Water Improvement does not
exceed one -tenth of one per centum of the full valuation of the taxable real property in the
area of the Town outside of villages, and the permission of the Comptroller of the State of
New York is therefore not required in order to finance the cost of said Water
Improvement, in the Town, as herein described, pursuant to the provisions of said Town
Law.
Section 5. This resolution is subject to permissive referendum and the Town Clerk
of the Town is hereby authorized and directed within ten (10) days after the adoption of
said resolution, to cause to be published at least once in the "Cortland Standard" a
newspaper published in the city of Cortland, New York, and hereby designated as the
official newspaper of the Town for such publication, and posted on the sign board of the
Town, a Notice which shall set forth an abstract of said foregoing resolution which shall be
in substantially the following form:
Please take notice that on February 7, 2001, the Town Board of the Town of
Cortlandville, in the County of Cortland, New York, adopted a resolution entitled:
"RESOLUTION OF THE TOWN OF CORTLANDVILLE, NEW YORK,
ADOPTED FEBRUARY 7, 2001, APPROVING THE CONSTRUCTION OF THE
WATER IMPROVEMENT WITHIN THE AREA OF THE TOWN OUTSIDE OF
VILLAGES, WHICH AREA HAS BEEN DETERMINED TO BE THE BENEFITTED
AREA, AND MAKING OTHER DETERMINATIONS IN CONNECTION
THEREWITH."
an abstract of such resolution, concisely stating the purpose and effect thereof, being as
follows:
FIRST: RECITING the Town Board of the Town of Cortlandville, in the County of
Cortland, New York (herein called "Town Board" and "Town" respectively), has
heretofore duly caused the preparation of a general, map, plan, and report for the
construction of water improvements on and around Page Green Road in the Town,
consisting of the installation of watermains, where necessary, in accordance with said plans
now on file in the Office of the Town Clerk of the Town of Cortlandville (the "Water
Improvement"), including buildings, land or rights in land, original furnishings, equipment,
machinery and apparatus required therefor, and all ancillary work thereto, at the estimated
maximum cost of $75,000, all within the area of the Town outside of any villages, which
area has been determined to be the benefitted area (herein referred to as the "Benefitted
Area"), pursuant to Article 12-C of the Town Law, in accordance with such map, plan and
report; that and Order was adopted on January 17', 2001, reciting a description of the
proposed water improvements, the boundaries of the benefitted area, the maximum amount
proposed to be expended therefor, the proposed method of apportioning the costs of such
improvement, the proposed method of financing, the fact that a map, plan and report.
describing the same are on file in the Town Clerk's Office for public inspection, and
specifying the time and place of a Public Hearing to hear all persons interested in the
subject thereof concerning the same, that copies of such Order have been duly published
and posted, that all environmental laws and regulations have been complied with, and that
such hearing has been duly held of February 7, 2001, at the time and place specified: and
SECOND: RESOLVING AND DETERMINING that (a) the Notice of hearing was
published and posted as required by Law, and is otherwise sufficient, (b) all the property
in the proposed Benefitted Area is benefitted by the Water Improvement and all the
property benefitted by the Water Improvement is included in the proposed Benefitted
Area; and (c) it is in the public interest to construct the Water Improvement, within the
,�q FEBRUARY 07, 2001 TOWN BOARD MEETING
PAGE 5
Benefitted Area, at the estimated maximum cost of $75,000; and
THIRD: FURTHER RESOLVING AND DETERMINING the construction of the
Water Improvement within the Benefitted Area is hereby approved, as hereinabove
described, and authorizing such facilities to be constructed within the Benefitted Area,
DESIGNATING the Benefitted Area in the Town, and DESCRIBING the Benefitted Area;
and
FOURTH: RESOLVING that the maximum amount proposed to be expended for
said improvements is $75,000 which is planned to be financed, by the issuance of serial
bonds of the Town and the levy and collection of special assessments from the several lots
and parcels of Hand within the Benefitted Area which the Town Board shall determine to be
especially benefitted by such Water Improvement, so much upon and from each as shall be
in just proportion to the amount of benefit which such Water Improvement shall confer
upon the same, to pay the costs of principal of and interest on said bonds as the same shall
become due and payable; and
FIFTH: STATING the $75,000 estimated expense of such Water Improvement
does not exceed one -tenth of one per centum of the full valuation of the taxable real
property in the area of the Town outside of villages, and the permission of the Comptroller
of the State of New York is therefore not required in order to finance the cost of said
Water Improvement, in the Town, as herein described; and
SIXTH: STATING that this resolution is subject to permissive referendum.
Councilman O'Donnell made a motion seconded by Councilman Testa, to receive
and file notification from Willowbrook Golf Course regarding renewing their two year
liquor license with the State for the period 4/1101-3/31/03. All voting aye, the motion was
carried.
Attorney Folmer reported:
Contracts with Alliance Bank:
Attorney Folmer has received and reviewed two contracts with Alliance Bank. The
first contract is to establish a system to electronically transfer funds by the town. The
second is to establish a program to permit direct deposit. The two contracts appear to
comply with the law that requires a security system and passwords. The contracts are
drawn up by the bank and are standard.
RESOLUTION #39 AUTHORIZE SUPERVISOR TO SIGN CONTRACT
WITH ALLIANCE BANK TO IMPLEMENT PC BANKER
Motion by Councilman Rocco
Seconded by Councilman O'Donnell
VOTES: ALL AYE ADOPTED
WHEREAS, as per Resolution #240 of December 2000 the Board authorized the
Supervisor to sign an agreement with Alliance Bank to establish PC Banker for the town's
banking needs, therefore
BE IT RESOLVED, the Board does hereby authorize and direct the Supervisor to sign the
contract with Alliance Bank to implement PC Banker enabling the bookkeeper to conduct
electronic transfers and direct deposits.
McDermott Water Booster Station:
Attorney Folmer apprised the Board he has not heard from Tim Buhl of Resource
Associates. Mr. Buhl was to forward a letter concerning the time frame for the
construction of Mr. McDermott's booster station. Attorney Folmer will report to the Board
every meeting on the status of this communication.
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FEBRUARY 07, 2001 TOWN BOARD MEETING PAGE 6
Local Law #8 of 2000:
Attorney Folmer apprised the Board Local Law #8 of 2000 was adopted at the end
of 2000 concerning the rezone for Rerob, LLC. It was received by the Secretary of State
after January 1, 2001 and as a result needs to be renumbered.
RESOLUTION #40 RENUMBER LOCAL LAW #8 OF 2000 TO
LOCAL LAW #2 OF 2001 FOR REROB, LLC.
ZONE CHANGE
Motion by Councilman O'Donnell
Seconded by Councilman Rocco
VOTES: ALL AYE ADOPTED
WHEREAS, Local Law #8 of 2000 for Rerob, LLC. amending the Zoning Law and Map
for the Town of Cortlandville from Industrial to Business for property located on NYS
Route 13 was adopted per Resolution #222 of 2000, and
WHEREAS, said Local Law was received by the Secretary of State after January 1, 2001,
therefore
BE IT RESOLVED, the Board does hereby renumber Local Law #8 of 2000 as per
Resolution #222 of 2000 to Local Law #2 of 2001 for Rerob, LLC.'s zone change from
Industrial to Business for property located on NYS Route 13, tax map #95.00-06-12.120.
RESOLUTION #41 ADOPT LOCAL LAW NO.2 OF 2001 AMENDING
THE ZONING LAW AND MAP OF THE TOWN OF
CORTLANDVILLE FOR A ZONE CHANGE ON NYS
ROUTE 13 SUBMITTED BY REROB. LLC
Motion by Councilman Rocco
Seconded by Councilman Pilato
VOTES: ALL AYE ADOPTED
WHEREAS, a resolution was duly adopted by the Town Board of the Town of
Cortlandville for a Public Hearing to be held by said Board to hear all interested parties on
a proposed Local Law amending the Zoning Ordinance of the Town of Cortlandville to
reclassify tax parcel #95.00-06-12.120 from its present Industrial classification to a
Business classification, and
WHEREAS, notice of said public hearing was duly published in the Cortland Standard,
the official newspaper of the said Town, and posted at Town Hall, 3577 Terrace Road,
Cortland, New York, as required by law and
WHEREAS, said public hearing was duly held and all parties in attendance were permitted
an opportunity to speak on behalf of or in opposition to said proposed Local Law, or any
part thereof, and
WHEREAS, pursuant to Part 617 of the implementing regulations pertaining to Article 8
(State Environmental Quality Review Act) of the Environmental Conservation Law it has
been determined by the said Town Board that adoption of said proposed Local Law
would not have a significant effect upon the environment and could be processed by their
applicable governmental agencies without further regard to SEQRA, and
WHEREAS, the Town Board of the Town of Cortlandville, after due deliberation, finds it
in the best interest of the Town to adopt said Local Law,
NOW, THEREFORE, the Town Board of the Town Cortlandville hereby adopts said
Local Law as Local Law No.2 — 2001, a copy of which is attached hereto and made a part
hereof, and the Town Clerk be and she hereby is directed to enter said Local Law in the
minutes of this meeting and in the Local Law Book of the Town of Cortlandville, and to
give due notice of the adoption of said Local Law to the Secretary of State.
- ta FEBRUARY 07, 2001 TOWN BOARD MEETING
PAGE 7
Be it enacted by the Town Board of the Town of Cortlandville as follows:
Section 1. The Town of Cortlandville Zoning Law and Map are hereby amended by this
Local Law as follows:
The following parcel situated at the intersection of NYS Route 13 and Lime Hollow
Road in the Town of Cortlandville identified below is hereby zoned and designated as
Business under the Town of Cortlandville Zoning Law and Map, subject to all regulations
created and established relative to said District:
Tax Map No. Address Reputed Owner(s)
95.00-06-12.120 Intersection of Route 13 ReRob, LLC
and Lime Hollow Road,
Cortland, New York
Section 2. All ordinances, local laws, and parts thereof inconsistent with this Local Law are
hereby repealed.
Section 3. Effective Date. This Local Law shall take effect immediately upon filing with the
Secretary of State of the State of New York as required by law.
Yellow Lantern Kampground/Suit-Kole litigation:
Attorney Folmer apprised the Board of receiving a set of motion papers from
Attorney McQuerry representing Mr. & Mrs. Panzanella of Yellow Lantern Kampground.
The Panzanella's are requesting the revocation of site plan permits and other permits
granted by the Town Board, Town Planning Board and Zoning Board in connection with
the rezone of the Suit -Kole property on Route 13. The Panzanella's are also requesting the
removal of any buildings constructed by Suit-Kote prior to the Appellate Division's
reversal of Judge Dowd's original decision. This motion is returnable before Judge Dowd
on February 22, 2001. Attorney Folmer will report to the Board at the next Board meeting
on February 21, 2001 what position the town will take.
RESOLUTION #42 REFER AQUIFER PROTECTION PERMIT APPLICATION
OF TLC WEST, LLC. FOR AN 11 APPLEBEE'S
RESTAURANT TO THE TOWN AND COUNTY
PLANNING BOARDS FOR THEIR REVIEW AND
RECOMMENDATIONS
Motion by Councilman Rocco
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Aquifer Protection Permit application submitted by TLC West,
LLC. for an Applebee's, for the construction of a 5,000 square foot restaurant, tax map
#95.20-02-05.000, shall be referred to the Town and County Planning Boards for their
review and recommendations.
RESOLUTION #43 RETURN AQUIFER PROTECTION PERMIT
APPLICATION OF REROB, LLC. TO THE COUNTY
PLANNING BOARDS FOR FURTHER REVIEW
AND RECOMMENDATIONS AS REQUESTED
Motion by Councilman Rocco
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Aquifer Protection Permit application submitted by Rerob, LLC.
for the construction of a 6,670 sq. ft. convenience store/gas station with a fast food tenant
and 2-bay automatic car wash, tax map #95.00-06-12.120, shall be returned to the County
Planning Boards for further review and recommendations as requested.
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FEBRUARY 07, 2001 TOWN BOARD MEETING PAGE 8 -6~7
Councilman Rocco made a motion seconded by Councilman O'Donnell, to receive
and file correspondence from Attorney Mike Shafer regarding Rerob, LLC.'s Aquifer
Protection Permit application. All voting aye, the motion was carried.
Attorney Shafer requested Rerob, LLC's Aquifer Protection Permit be returned to
the County Planning Board f or their reconsideration.
Councilman Testa made a motion seconded by Councilman Rocco, to receive and
file correspondence from Planning Board member Nick Renzi recommending denial of
Rerob, LLC.'s proposed gas station/car wash on Lime Hollow Road and NYS Route 13.
All voting aye, the motion was carried.
Councilman Rocco made a motion seconded by Councilman O'Donnell, to receive
and file correspondence from Charlotte Angell requesting denial of Rerob, LLC.'s
proposed gas station/car wash on Lime Hollow Road and NYS Route 13. All voting aye,
the motion was carried.
RESOLUTION #44 SCHEDULE A PUBLIC HEARING FOR AN
AQUIFER PROTECTION PERMIT APPLICATION
OF SUIT-KOTE CORPORATION FOR PROPERTY
LOCATED ON LORING CROSSING ROAD
Motion by Councilman Rocco
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, a Public Hearing shall be scheduled for February 21, 2001 at 5:00
p.m. for an Aquifer Protection Permit application submitted by Suit-Kote Corporation for
property located on Loring Crossing Road, tax map ##77.00-09-02.000.
RESOLUTION #45 SCHEDULE A PUBLIC HEARING FOR AN AQUIFER
PROTECTION PERMIT APPLICATION OF FIRST
BAPTIST CHURCH OF HOMER FOR PROPERTY
LOCATED ON FISHER AVENUE & NYS ROUTE 281
Motion by Councilman Rocco
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, a Public Hearing shall be scheduled for February 21, 2001 at 5:00
p.m. for an Aquifer Protection Permit application submitted by First Baptist Church of
Homer for property located on Fisher Avenue and NYS Route 281, tax map #76.18-01-
26.000.
RESOLUTION #46 AUTHORIZE SUPERVISOR TO TRANSFER $500.00
FROM THE SEWER SURPLUS FUND TO THE
CAPITAI PROJECT SEWER ACCOUNT
Motion by Councilman O'Donnell
Seconded by Councilman Rocco
VOTES: ALL AYE ADOPTED
'WHEREAS, the bookkeeper has requested a cash advance be transferred from the Sewer
Surplus Fund to the Capital Project Sewer Account for the Page Green Road Sewer
Project, therefore
BE IT RESOLVED, the Supervisor is hereby authorized and directed to transfer $500.00
from the Sewer Surplus Fund to the Capital Project Sewer Account, and it is further,
RESOLVED, the Town Sewer Surplus Fund will be reimbursed when the project is
bonded.
FEBRUARY 07, 2001 TOWN BOARD MEETING PAGE 9
Councilman Rocco made a motion seconded by Councilman O'Donnell, to receive
and file correspondence from the NYS DEC regarding a registry of hazardous waste
disposal sites. All voting aye, the motion was carried.
It has been determined tax map #'s95.00-06-12.120 & 95.00-06-12.112 were never
involved in the trichloroethylene (I'CE) contamination from Smith Corona.
RESOLUTION #47 AUTHORIZE HIGHWAY SUP'T. TO LET OUT
FOR BID A NEW AND UNUSED WHEELED
EXCAVATOR AND SET DATE OF MARCH 5, 2001
AT 3:00 P.M. FOR BID OPENING AND AWARD
BID ON MARCH 7, 2001 AT 7:00 P.M.
Motion by Councilman O'Donnell
Seconded by Councilman Rocco
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize the Highway Sup't. to let out
for bid a new and unused wheeled excavator, and further
RESOLVED, the bid opening date shall be set at 3:00 p.m. on March 5, 2001, and further
RESOLVED, the Town Board shall award the bid at their scheduled meeting on March 7,
2001.
Councilman Rocco made a motion seconded by Councilman O'Donnell, to receive
and file correspondence from Charles Feiszli of Resource Associates to CEO Bruce
Weber. All voting aye, the motion was carried.
Mr. Feiszli requested the Board schedule a Public Hearing on March 7, 2001 for
TLC West's Aquifer Protection Permit application for the construction of an Applebee's
Restaurant.
RESOLUTION #48 SCHEDULE A PUBLIC HEARING FOR AN AQUIFER
PROTECTION PERMIT OF TLC WEST, LLC.
FOR AN APPLEBEE'S RESTAURANT FOR
PROPERTY LOCATED AT CORTLANDVILLE
CROSSING SHOPPING CENTER
Motion by Councilman Rocco
Seconded by Councilman O'Donnell
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, a Public Hearing shall be scheduled for March 7, 2001 at 7:00 p.m.
for an Aquifer Protection Permit application submitted by TLC West, LLC. for an
Applebee's Restaurant, for property located at the Cortlandville Crossing Shopping Center,
tax map #95.20-02-05.000.
Councilman Rocco made a motion seconded by Councilman O'Donnell, to receive
and file correspondence from Cindy Davenport of Dataworx Consulting, Inc. regarding a
summary of estimated costs for the development, set-up and maintenance of a web site for
the town. All voting aye, the motion was carried.
RESOLUTION #49 AUTHORIZE ESTABLISHMENT OF A WEB
SITE FOR THE TOWN BY DATAWORX
CONSULTING SERVICES, INC.
Motion by Councilman Rocco
Seconded by Councilman O'Donnell
VOTES: ALL AYE ADOPTED
WHEREAS, Councilman Testa and Town Assessor David Briggs discussed establishing a
web site for the town with a representative from Dataworx Consulting Services, Inc., and
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FEBRUARY 07, 2001 TOWN BOARD MEETING
WHEREAS, the estimated cost to the town would be as follows:
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Web site development & set-up $3,000 (one time fee)
Web site hosting $12.00 per month
Annual renewal of Domain Name with InterNIC $35.00 per year
BE IT RESOLVED, the Board does hereby authorize the establishment of a web site for
the town by Dataworx Consulting Services, Inc.
Councilman O'Donnell made a motion seconded by Councilman Rocco, to receive
and file correspondence from Cortlandville Fie Chief, Kevin Whitney to Highway Sup't.,
Carl Bush regarding Town of Cortlandville highway employee, Mike Dimorier. All voting
aye, the motion was carried.
Chief Whitney commended Mr. Dimorier for his quick response to a car fie at the
Days Inn Motel on February 3, 2001.
Supervisor Thorpe stated he would write a letter of commendation to Mr. Dimorier.
Attorney Folmer commented the burning vehicle, parked next to the motel, had a
propane tank underneath it. Mr. Dimorier quickly moved the vehicle away from the motel
averting a potentially dangerous situation and did so without concern to his own well
being.
Supervisor Thorpe read aloud a petition signed by approximately 70 residents
submitted to the Board in opposition to Rerob, LLC.'s Aquifer Protection Permit
application for the construction of an Express Mart gas station on the corner of Lime
Hollow Road and NYS Route 13. The petition stated in 1986 wells in the Pheasant Run,
Lime Hollow Road and Stupke Road and other areas were contaminated by Smith Corona.
The residents believe the proposed gas station will endanger the main flow to the aquifer.
Councilman Rocco made a motion seconded by Councilman Testa, to receive and
file a petition signed by the residents of the Lime Hollow and Pheasant Run area. All
voting aye, the motion was carried.
The petition was requesting denial of Rerob, LLC.'s Aquifer Protection Permit
application regarding the construction of an Express Mart gas station on the corner of Lime
Hollow and NYS Route 13.
Councilman Rocco made a motion seconded by Councilman O'Donnell, to receive
and file correspondence from Water/Sewer Sup't., Peter Alteri regarding upgrading water
lines along NYS Route 281. All voting aye, the motion was carried.
Attorney Folmer apprised the Board that he received the contract for the new
Municipal Water and Sewer Building from Water/Sewer Sup't., Peter Alteri. A resolution
is needed to execute the contract once it has been reviewed by Water/Sewer Sup't. Alteri
and Attorney Folmer.
RESOLUTION #50 AUTHORIZE SUPERVISOR TO EXECUTE CONTRACT
FOR THE MUNICIPAL WATER AND SEWER BUILDING
SUBJECT TO TOWN ATTORNEY AND WATER/ SEWER
SUPERINTENDENT APPROVAL
Motion by Councilman O'Donnell
Seconded by Councilman Rocco
VOTES: ALL AYE ADOPTED
WHEREAS, as per Resolution #208 of December 2000 the Board awarded the advertised
bid for the new Municipal Water and Sewer Building to James & Son Construction of
Skaneateles, NY, therefore
BE IT RESOLVED, the Board does hereby authorize and direct the Supervisor to execute
the contract for the construction of the new Municipal Water and Sewer Building subject to
Town Attorney and Water/Sewer Superintendent approval.
60 FEBRUARY 07, 2001 TOWN BOARD MEETING
PAGE 11
Councilman Testa made a motion, seconded by Councilman O'Donnell, to recess
the Regular Meeting to an Executive Session to discuss a personal matter. All voting aye,
the motion was carried.
The meeting was recessed at 5:55 p.m.
The following information was received from the Supervisor's office.
Councilman Testa made a motion, seconded by Councilman O'Donnell, to adjourn
the Executive Session and reconvene to the Regular Meeting. All voting aye, the motion
was carried.
No action was taken.
Councilman O'Donnell made a motion, seconded by Councilman Testa, to adjourn
the Regular Meeting. All voting aye, the motion was carried.
The meeting was adjourned at 6:15 p.m.
Respectfully,
4�,
Karen Q. Snyder
Town Clerk
Town of Cortlandville
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