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HomeMy WebLinkAbout02-07-2001FEBRUARY 07, 2001 5:00 P.M. " 1 + 1 I. E 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. 10 9) y1 1011L., 1 11M -3': /u I MIN 1) OLM10141.1 121 *k i s 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. 1 1 1 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: 1 1 1 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. 1 1 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. 1 1 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 1 1 1 FEBRUARY 07, 2001 TOWN BOARD MEETING WHEREAS, the estimated cost to the town would be as follows: PAGE 10 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 1 1 1