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HomeMy WebLinkAbout02-04-1998FEBRUARY 04, 1998 7:00 P.M. 1 7c PUBLIC HEARING AQUIFER PROTECTION PERMIT MDM UNLIMITED & ASSOCIATES 3839 NYS ROUTE 281 (AUTO -ZONE) 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 an Aquifer Protection Permit permitting the construction of a single story masonry building and associated site improvements for retail sales of auto parts. 1 Members present: Absent: Supervisor, Raymond Thorpe Councilman, Theodore Testa Councilman, Edwin O'Donnell Town Clerk, Pauline Parker Councilman, Ronal Rocco Councilman, John Pilato Others present were: Town Attorney, John Folmer; Highway Supt, Carl Bush; and News Reporter, Jennifer Koch. Supervisor Thorpe called the Public Hearing to order. The Town Clerk read aloud the Legal Notice, as posted and filed. Supervisor Thorpe read a letter dated February 02, 1998 to CEO, Bruce Weber from Carmen DiDiano of MDM Unlimited & Assoc. stating they will be unable to attend the Public Hearing. The Town Clerk apprised the Board that information had been received from the County and Town Planning Boards recommending approval of the Aquifer Permit. Supervisor Thorpe offered those in attendance privilege of the floor. No questions or comments were heard. 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 7:05 p.m. i r FEBRUARY 04, 1998 J_CO 7:00 P.M. TOWN BOARD MEETING 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: Supervisor, Raymond Thorpe Councilman, Theodore Testa Councilman, Edwin O'Donnell Councilman, John Pilato Town Clerk, Pauline Parker Absent: Councilman, Ronal Rocco Others present were: Town Attorney, John Folmer; Highway Supt, Carl Bush; and News Reporter, Jennifer Koch. Supervisor Thorpe called the meeting to order following the Public Hearing for an Aquifer Special Permit of MDM Unlimited & Associates. Councilman O'Donnell made a motion, seconded by Councilman Testa, to approve Suit-Kote Aquifer Protection Permit Public Hearing Minutes of December 03, 1997, as written. All voting aye, the motion was carried. Councilman O'Donnell made a motion, seconded by Councilman Testa, to approve the Town Board Minutes of December 17, 1997, as written. All voting aye, the motion was carried. Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and file the Planning Board Minutes of November 25, 1997, as written. All voting aye, the motion was carried. RESOLUTION #33 AUTHORIZE PAYMENT OF VOUCHERS FEBRUARY 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 #38 - 66 $10,166.24 General Fund B 8 - 14 $ 4,636.58 Highway Fund DB 31 - 51 $26,000.15 Water Fund 24 - 36 $65,591.83 Sewer Fund 16 - 18 $86,184.25 Supervisor Thorpe offered privilege of the floor to those in attendance. No questions or comments were heard. The Monthly reports of the Town Clerk and the Tax Collector for the month of January 1998 are on the table for review and filed in the Town Clerk's Office. Supervisor Thorpe apprised the Board that he received a letter from William Cleary of 1108 Madden Lane, questioning his charge of Sewer Benefit Unit Charge on parcels owned by him. He referred the letter to Town Assessor, David Briggs, for his review and recommendations. 11 FEBRUARY 04, 1998 TOWN BOARD MEETING PAGE 2 1pi su_k. RESOLUTION #34 AUTHORIZE REMOVAL OF THE SEWER BENEFIT UNIT CHARGE ON PROPERTY OWNED BY WILLIAM CLEARY ON DAVINCI DRIVE Motion by Councilman Testa Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED WHEREAS, a request was received from William Cleary of 1108 Madden Lane, concerning the sewer benefit unit charge on his 1998 tax bill for his vacant property on Davinci Drive, Parcel #76.00-02-26.000, as the sewer lines are not available for that parcel, and WHEREAS, Town Assessor, David Briggs, has reviewed this request with Water and Sewer Superintendent, Peter Alteri, and it was determined this property is not currently serviced with Town sewer, and recommended the sewer benefit tax be forgiven until such time the sewer line is extended to this property, therefore BE IT RESOLVED, the Town Board does hereby authorize the removal of the Sewer Benefit Tax charge on the 1998 Tax Roll, for parcel #76.00-02-26.00, and further RESOLVE, a refund of such charge shall be issued after payment of the current tax bill. RESOLUTION #35 DENY REQUEST OF WILLIAM CLEARY TO REMOVE SEWER BENEFIT UNIT CHARGE FOR PROPERTY ON MADDEN LANE Motion by Councilman Testa Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED WHEREAS, a request was received from William Cleary, of 1108 Madden Lane, concerning the sewer benefit unit charge on his 1998 tax bill for his vacant property on Madden Lane, Parcel #76.00-02-25.000, as the sewer lines are not available for that parcel, and WHEREAS, such request was reviewed by Town Assessor, David Briggs, and reported that he was advised the Town's sewer line goes through this property to lots on Cosmos Hill, and there is a manhole in the line by this and the adjoining property, which would deem the availability to this property, therefore BE IT RESOLVED, the Town Board does hereby deny the request for removal of the sewer benefit unit charge, as received, for parcel #76.00-02-25.000, owned by William Cleary. Supervisor Thorpe discussed a letter, dated January 23, 1998, received from John Fitch, Mayor of the Village of McGraw. They advised they would be glad to have the Town hold a Town Board Meeting in McGraw on May 6th at their Community Building. In reference to the change of location, Supervisor Thorpe stated, upon Attorney Folmer's recommendation, everyone should come to the Town Hall earlier to process the vouchers, rather then doing them at the meeting. Councilman O'Donnell apprised the Board that he will request the Village Board to include a notice, in their newsletter, advising village residents of our May 6th meeting to be held in the Village. The Mayor also requested their contractual payment be made in September, in full, as has been done in the past. Attorney Folmer stated the original contract did not state how the payment is to be made. FEBRUARY 04, 1998 TOWN BOARD MEETING PAGE 3 RESOLUTION #36 AUTHORIZE THE LOCATION OF THE TOWN BOARD MEETING TO BE HELD ON MAY 6, 1998 SHALL BE HELD AT THE COMMUNITY BUILDING IN THE VILLAGE OF MCGRAW AT 7:00 P.M. Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby authorize the Town Board Meeting of May 06, 1998 at 7:00 p.m. shall be held at the Community Building in the Village of McGraw. RESOLUTION #37 APPROVE 1998 ANNUAL CONTRACT FOR MCGRAW RECREATION DEPARTMENT Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby approve the 1998 annual contract for the McGraw Recreation Department for $11,600, to be paid in September, 1998, as amended. A discussion was held in regards to having the June Town Board Meeting be held in Blodgett Mills. It was decided to request the Supervisor to write a letter to Reverend Majors, reserving the Blodgett Mills Independent Baptist Church for the June 03, 1998 meeting, at 7:00 p.m. Supervisor Thorpe received a letter dated January 23, 1998, from Colby Cauchon of 1199 DaVinci Dr., asking the Town to review the height limitations on an accessory building. A discussion was held whereby Attorney Folmer advised this type of request should be referred to the Town CEO, for review and recommendation. RESOLUTION #38 REFER REQUEST OF COLBY CAUCHON TO TOWN CODE ENFORCEMENT OFFICER FOR REVIEW Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE ADOPTED WHEREAS, a request was received from Colby Cauchaon to review the Town's current height limitations on an accessory building, therefore BE IT RESOLVED, the request is hereby referred to the Town Code Enforcement Officer for his review and recommendations, and RESOLVED, the request shall be received and filed. RESOLUTIONS #39 DECLARE NEGATIVE IMPACT FOR AQUIFER PERMIT #01 OF 1998 - MDM UNLIMITED & ASSOCIATES LOCATED AT 3839 NYS ROUTE 281 Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE ADOPTED WHEREAS, an Aquifer Special Permit application was submitted by MDM Unlimited & Associates for the construction of a single story building and associated site improvements, and WHEREAS, the Town Board, as Lead Agent, duly reviewed and completed the Short Environmental Assessment Form, therefore 1 BE IT RESOLVED, the Town Board does hereby declare the proposed project of MDM Unlimited & Associates, Aquifer Permit #1 of 1998, shall have no significant environmental impact. FEBRUARY 04, 1998 TOWN BOARD MEETING PAGE 4 RESOLUTION #40 AUTHORIZE SUPERVISOR TO SIGN SEQRA APPLICATION OF AQUIFER PERMIT #1 OF 1998 Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Supervisor is hereby authorized and directed to sign the SEQRA application relating to Aquifer Permit #1 of 1998, submitted by MDM Unlimited & Associates. RESOLUTION #41 APPROVE AQUIFER PERMIT #1 OF 1998 FOR MDM UNLIMITED & ASSOCIATES FOR CONSTRUCTION OF AN ONE STORY BUILDING ON NYS ROUTE 281 SUBJECT TO COUNTY PLANNING BOARD CONDITIONS Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE ADOPTED WHEREAS, the Cortland County Planning Board and the Town Planning Board have reviewed and recommended approval of this Aquifer Permit application, and WHEREAS, a Public Hearing was duly held by this Town Board, therefore BE IT RESOLVED, the Town Board does hereby approve Aquifer Permit #1 of 1998, submitted by MDM Unlimited & Associates, for construction of a single story building with associated site improvements, at 3839 NYS Route 281 subject to conditions set by the County Planning Board, and further RESOLVED, the Supervisor is hereby authorized and directed to sign the permit. RESOLUTION #42 ACCEPT ANNUAL REPORT OF THE CORTLANDVILLE FIRE DISTRICT Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, the annual report of the Cortlandville Fire District for the year of 1997 is hereby accepted and shall be received and filed. RESOLUTION #43 ACCEPT ANNUAL REPORT OF THE CORTLAND COUNTY SELF INSURANCE PROGRAM Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, the annual report of the Cortland County Self Insurance Program (Workers Comp) for the year of 1997 is hereby accepted and shall be received and filed. Arrival of Councilman John Pilato. Attorney Folmer reported: McGraw Recreation Contract: He will add to amend the contract, the wording for one payment to be made in September, and will return to the Town Clerk. Received an invitation for Town Clerks, Supervisors, and Attorneys to attend an affair hosted by Willki, Farr & Gallagher at the Association of Towns Meeting in February. The invitation is meant for the officials of the towns they serve as Bond Council, of which Cortlandville is not one of them. c _�� FEBRUARY 04, 1998 TOWN BOARD MEETING PAGE 5 BAN for Water Tank: He has the package of material the bank, and has scheduled this to be accomplished 18th. He will look into the possibility of the signing the certificates in advance of this date as attending the Association of Towns Meeting. The reported he would be available. required by on February Town Clerk she may be Supervisor New Improvement Projects: Asked the Board if they were ready to act on the order's for the Fisher Avenue/Fairgrounds and Saunders Road Water Extension Water Improvement Projects. Councilman Testa informed Attorney Folmer that while the Is road is being worked on, Town Engineer, Hayne Smith, wanted the Fisher Avenue/Fairgrounds Sewer Extension Improvement Project added to the Water Extension Project. Attorney Folmer stated that he only is prepared to act on the Water Improvement Projects. He had not been informed of the Sewer project but he would prepare the order, for Board action at the next meeting. A discussion was held in reference to approval for a small project. Attorney Folmer explained the difference between the need of Comptroller approval or not, which is regulated by the cost. A Public Hearing and the same process is required for every project. RESOLUTION #44 DECLARE NEGATIVE IMPACT FOR FISHER AVENUE/ FAIRGROUNDS WATER EXTENSION IMPROVEMENT PROJECT - 1998 Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE ADOPTED WHEREAS, an order was presented for adoption of Fisher Avenue/Fairgrounds Water Improvement Project - 1998, and WHEREAS, as Lead Agent,the Town Board duly reviewed and completed the Short Environmental Assessment Form, therefore BE IT RESOLVED, the Town Board does hereby declare the proposed Fisher Avenue/Fairgrounds Water Extension Improvement Project - 1998 shall have no significant environmental impact. RESOLUTION #45 AUTHORIZE SUPERVISOR TO SIGN SEQRA APPLICATION FOR THE FISHER AVENUE/ FAIRGROUNDS WATER EXTENSION IMPROVEMENT PROJECT - 1998 Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Supervisor is hereby authorized and directed to sign the SEQRA form for the Fisher Avenue/ Fairgrounds Water Extension Improvement Project - 1998. RESOLUTION #46 ADOPT THE ORDER PURSUANT TO TOWN LAW SECTION 209-q(3) "FISHER AVENUE/FAIRGROUNDS WATER EXTENSION IMPROVEMENT PROJECT - 1998" AND SET DATE FOR A PUBLIC HEARING ON FEB. 18, 1998 AT 5:00 P.M. Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE ADOPTED WHEREAS, there were filed and made available for public inspection in the Office of the Town Clerk of the Town of Cortlandville, Cortland County New York, general plans relating to the "Fisher Avenue/Fairgrounds Water Extension Improvement Project - 1998", as required by Sections 209-q and 209-c of the Town Law; and FEBRUARY 04, 1998 TOWN BOARD MEETING PAGE 6 WHEREAS, the proposed improvement consists of the construction of water lines to connect dead end water lines at each end of Fisher Avenue in the Town of Cortlandville. It will also connect Fisher Avenue with NYS Route 11 with a loop through the Cortland County Fairgrounds and Carroll Street. The Fairgrounds buildings, NYSDEC, Niagara Mohawk Service Center and 21 residences will be served by the projected improvement, in accordance with the plan and report now on file in the Office of the Town Clerk of the Town of Cortlandville; and WHEREAS, the maximum amount proposed to be expended for said improvement is $173,000.00; and WHEREAS, the proposed method of financing of said improvement is by the issuance of bonds of the Town of Cortlandville in the principal sum of $173,000.00; all future costs including the repayment of the principal and interest of such bonds shall be borne by the lands benefitted by such improvement and such costs shall be assessed, levied and collected from the several lots or parcels of land within said Town of Cortlandville in just proportion to the amount of benefit which the improvement shall confer upon such lots or parcels; it is hereby proposed that all lots or parcels of the Town of Cortlandville outside of Villages, capable of being serviced by the "Water Article 12-C" Water Improvements heretofore and hereafter provided, are lots or parcels benefitted by the proposed water improvement; and the cost of the proposed water project and all previous improvements shall be spread upon and over the enlarged benefitted area, all of such improvements constituting one water system, and WHEREAS, it is further proposed that the costs of management, maintenance, operation and repair of said improvement shall be a charge upon the area of the Town of Cortlandville outside of Villages and shall be levied and collected in the same manner and at the same time as other Town charges, provided that it is the intention of the Town Board that such costs will be raised in the first instance from water rates, charges and fees upon all lots or parcels heretofore and hereafter serviced by Town Law Article 12-C Water Improvements: and WHEREAS, a short form Environmental Assessment Form has been prepared pursuant to the State Environmental Quality Review Act, and is available for review by the public at the Cortlandville Town Hall; therefore IT IS HEREBY ORDERED, that a meeting of the Town Board of the said Town of Cortlandville shall be held at the Town Hall, 3577 Terrace Road, Cortland, New York on the 18th day of February, 1998 at 5:00 p.m. in the afternoon that day to hear all persons interested in the proposed water improvement, and for such other action of said Town Board with relation to the said water improvement as may be required by law or be deemed proper. Supervisor Thorpe stated that the water improvement project on Saunders Road will make the residents of Saunders Road very happy as they have been dealing with bad wells and bad water for years. RESOLUTION #47 DECLARE NEGATIVE IMPACT FOR SAUNDERS ROAD WATER IMPROVEMENT PROJECT - 1998 Motion by Councilman Pilato Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED WHEREAS, an order was presented for adoption of the Saunders Road Water Improvement Project - 1998, and WHEREAS, as Lead Agent, the Town Board duly reviewed and completed the Short Environmental Assessment Form, therefore BE IT RESOLVED, the Town Board does hereby declare the proposed Saunders Road Water Improvement Project -1998 shall have no significant environmental impact. 1_85 FEBRUARY 04, 1998 TOWN BOARD MEETING PAGE 7 RESOLUTION #48 AUTHORIZE SUPERVISOR TO SIGN THE SEQRA APPLICATION FOR THE SAUNDERS ROAD WATER IMPROVEMENT PROJECT - 1998 Motion by Councilman Pilato Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Supervisor is hereby authorized and directed to sign the SEQRA form for the Saunders Road Improvement Project - 1998. RESOLUTION #49 ADOPT ORDER PURSUANT TO TOWN LAW SECTION 209-q(3) "SAUNDERS ROAD WATER IMPROVEMENT PROJECT - 1998" AND SET PUBLIC HEARING DATE ON FEBRUARY 18, 1998 AT 5.00 P.M. Motion by Councilman Pilato Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED WHEREAS, there were filed and made available for public inspection in the Office of the Town Clerk of the Town of Cortlandville, Cortland County New York, general plans relating to the "Saunders Road Water Improvement Project - 1998", as required by sections 209-q and 209-c of the Town Law; and WHEREAS, the proposed improvement consists of the construction of a new 7000 foot (approximately) water main from the intersection of Starr Road Extension from the point at which the Route 215 Water Tank transmission line is located at Saunders Road Extension. The project will service the areas of Saunders Road between Page Green Road and Pendleton Street, Page Green Road between Saunders Road and the City of Cortland and Pendleton Street between Saunders Road and Oakcrest Street in accordance with the plan and report now on file in the Office of the Town Clerk of the Town of Cortlandville and will service approximately 50 new customers and will generate 60 new benefit units; and WHEREAS, the maximum amount proposed to be expended for said improvement is $305,000.00; and WHEREAS, the proposed method of financing of said improvement is by the issuance of bonds of the Town of Cortlandville in the principal sum of $305,000.00; all future costs including the repayment of the principal and interest of such bonds shall be borne by the lands benefitted by such improvement and such costs shall be assessed, levied and collected from the several lots or parcels of land within said Town of Cortlandville in just proportion to the amount of benefit which the improvement shall confer upon such lots or parcels; it is hereby proposed that all lots or parcels of the Town of Cortlandville outside of Villages, capable of being serviced by the "Water Article 12-C" Water Improvements heretofore and hereafter provided, are lots or parcels benefitted by the proposed water improvement; and the cost of the proposed water project and all previous improvements shall be spread upon and over the enlarged benefitted area, all of such improvements constituting one water system; and WHEREAS, it is further proposed that the costs of management, maintenance, operation and repair of said improvement shall be a charge upon the area of the Town of Cortlandville outside of Villages and shall be levied and collected in the same manner and at the same time as other Town charges, provided that it is the intention of the Town Board that such costs will be raised in the first instance from water rates, charges and fees upon all lots or parcels heretofore and hereafter serviced by Town Law Article 12-C Water Improvements; and WHEREAS, a short form Environmental Assessment Form has been prepared pursuant to the State Environmental Quality Review FEBRUARY 04, 1998 TOWN BOARD MEETING PAGE 8 1 Act, and is available for review by the public at the Cortlandville Town Hall; therefore IT IS HEREBY ORDERED, that a meeting of the Town Board of the said Town of Cortlandville shall be held at the Town Hall, 3577 Terrace Road, Cortland, New York on the 18th day of February, 1998 at 5: 00 p.m. o'clock in the afternoon that day to hear all persons interested in the proposed water improvement, and for such other action of said Town Board with relation to the said water improvement as may be required by law or be deemed proper. Attorney Folmer continued: Craft Zoning Violation: Judge Eligh, Town of Scott, has set an appearance date of February 10th at 8:00 p.m. for Mr. Craft. A criminal summons was issued for his appearance which states that if he fails to appear, there will be a warrant for his arrest. Homer Sewer Line Purchase: The bill of sale to purchase this, as authorized, is waiting for the Homer Mayor's notarized signature. He will give to the Town Clerk when received. Bell Dr. flooding: Attorney Shafer has reported the Country Club is not opposed to what we are doing and have requested more information. Highway Supt, Carl Bush, will have this soon and will take to Attorney Folmer. The Town Clerk reported that no petitions were received concerning the Improvement Projects adopted at the December 31st meeting. Attorney Folmer stated that the time period has not run out, as it is based on the publishing date. He will confirm this and issue the required certificates. Councilman O'Donnell expressed appreciation to Attorney Folmer's secretary for his copy of what's happening with Judge Eligh. Councilman O'Donnell asked about the status with Judge Loomis and the railroad. Resident, John Brown has asked him. Attorney Folmer informed him that he will have more information on that before the Town Meeting in Blodgett Mills. Judge Loomis will have to hold a hearing in the matter. Spoke with Jim McNamara, who was asked by Highway Supt. Carl Bush, to complete the required process for purchasing a strip of land by the Highway garage, owned by the railroad. He was concerned as he found in his search that in the 1800's the deed to that property was given to the railroad by a family by the name of Welsh. The deed states the property is to be used only by the railroad or then would revert back to the original owners. He will research this further and explained what the process may entail. RESOLUTION #50 AUTHORIZE HIGHWAY SUPT TO LET OUT FOR BID FOR A BACKUP GENERATOR FOR WALDEN OAKS WATER PUMP STATION AND SET DATE OF MARCH 2, 1998 AT 3:00 P.M. FOR BID OPENING AND AWARD BID ON MARCH 4 1998 Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby authorize the Highway Supt, Carl Bush, to let out for bid, for a back up generator, to keep the water pressure up in the Walden Oaks area if there was a power failure, and further RESOLVED, the bid opening date shall be set at 3 : 00 p.m. on March 2, 1998, and further o FEBRUARY 04, 1998 TOWN BOARD MEETING PAGE 9 RESOLVED, the Town Board shall award the bid at their scheduled meeting on March 4, 1998. RESOLUTION #51 AUTHORIZE EXTENSION OF TIME FOR THE 1997 ANNUAL REPORT OF THE SUPERVISOR Motion by Councilman Pilato Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby authorize the Supervisor to apply for an additional 60 day extension to submit his annual report to the State Comptroller for the year 1997. Councilman O'Donnell made a motion, seconded by Councilman Pilato, to adjourn the Regular Meeting. All voting aye, the motion was carried. The Meeting was adjourned at 7:40 p.m. R/9ctfull sub itted, Pauline H. Parker, CMC Town Clerk Town of Cortlandville 1