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Home My WebLink About07-01-1998J 2 JULY 1, 1998 PUBLIC HEARING 7:00 P.M. AQUIFER PROTECTION PERMIT MOHAWK VALLEY OIL 3817 ROUTE 11, POLKVILLE 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 Mohawk Valley Oil Aquifer Protection Permit. Members present: Supervisor, Raymond Thorpe Councilman, Edwin O'Donnell Councilman, Ronal Rocco Councilman, John Pilato Town Clerk, Pauline Parker Absent: Councilman, Theodore Testa Others present were: Town Attorney, John Folmer; Highway Supt, Carl Bush; Ray Russell and Michael Slater, representatives of Mohawk Valley Oil; News Reporters, Jennifer Koch -Cortland Standard and Eric Reinhardt-WXHC Radio. Supervisor Thorpe called the Public Hearing to order. The Town Clerk read the Legal Notice, as posted and filed. Ray Russell, of Mohawk Valley Oil, apprised the Town Clerk that they are decreasing their storage capacity, not increasing as originally planned. Supervisor Thorpe apprised the Board, this has gone before the Planning Boards and they have made recommendations for approval, with the Town Board acting as Lead Agent. Supervisor Thorpe offered privilege of the floor to those in attendance. Councilman Rocco asked the reason for the replacement of the tanks. Ray Russell explained two of the existing tanks are at least fifty years old and all the above ground tanks need to be replaced with new. He went on to explain the replacement process and moving of the truck loading area. Councilman O'Donnell complemented them for updating their whole system. Ray Russell commented this is a safety issue as the tanks are old. He also commented, the below ground tanks have been replaced within the last ten years. No further questions of comments were heard. Councilman Rocco made a motion, seconded by Councilman Pilato, to close the Public Hearing. All voting aye, the motion was carried. The Public Hearing was closed at 7:05 p.m. JULY 1, 1998 PUBLIC HEARING 7:00 P.M. 25 J 1 1 AQUIFER PROTECTION PERMIT E & V ENERGY CO. MARSHALL BROS. - PROPERTY OWNERS ROUTE 11, POLKVILLE 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 E & V Aquifer Protection Permit. Members present: Absent: Supervisor, Raymond Thorpe Councilman, Edwin O'Donnell Councilman, Ronal Rocco Councilman, John Pilato Town Clerk, Pauline Parker Councilman, Theodore Testa Others present were: Town Attorney, John Folmer; Highway Supt, Carl Bush; Ray Russell and Michael Slater, representatives of Mohawk Oil; News Reporters, Jennifer Koch - Cortland Standard and Eric Reinhardt-WXHC Radio. Supervisor Thorpe called the Public Hearing to order. The Town Clerk read aloud the Legal Notice, as posted and filed. Supervisor Thorpe offered those in attendance privilege of the floor. No questions or comments were heard. Supervisor Thorpe apprised the Board the Town and County Planning Boards recommended approval with the condition that a dike with a 150% capacity be installed. Councilman Pilato 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 7:10 p.m. 254 �-4 JULY 01, 1998 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: Absent: Supervisor, Raymond Thorpe Councilman, Edwin O'Donnell Councilman, Ronal Rocco Councilman, John Pilato Town Clerk, Pauline Parker Councilman, Theodore Testa Others present were: Town Attorney, John Folmer; Highway Supt, Carl Bush; Ray Russell and Michael Slater, representatives of Mohawk Valley Oil; News Reporters, Jennifer Koch -Cortland Standard and Eric Reinhardt-WXHC Radio. Supervisor Thorpe called the meeting to order following the Public Hearings for Mohawk Valley Oil and E&V Energy Co.'s Aquifer Protection Permit. Supervisor Thorpe stated Councilman Testa is out of Town. Councilman Pilato made a motion, seconded by Councilman O'Donnell, to approve the Town Board Minutes of May 20, 1998. All voting aye, the motion was carried. RESOLUTION #114 AUTHORIZE PAYMENT OF VOUCHERS Motion by Councilman Rocco Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED, the vouchers submitted have been audited and shall be paid as follows: General Fund A Vouchers #261 - 292 $ 16,649.38 General Fund B 76 - 85 $ 18,300.42 Highway Fund DB 232 - 247 $ 49,887.75 Water Fund 164 - 181 $261,201.25 Sewer Fund 99 - 106 $ 7,864.01 Capital Projects 3 $ 3,500.00 Supervisor Thorpe offered privilege of the floor to those in attendance. Supervisor Thorpe apprised the Board that he and Councilman O'Donnell attended a meeting, uninvited, conducted by the Business Development Corporation (BDA), discussing the rezoning on Westmore Lane. He stated the Board will be receiving a request, from the BDA, to examine our Zoning Ordinances. Their intent is to institute another classification of zoning, which is somewhere between business and residential, to accommodate a new high- tech business. Supervisor Thorpe commended Jennifer Koch, from the Cortland Standard, for the article she had written on the BDA meeting and expressed his appreciation for her accurate reporting of our Town Board meetings. A discussion was held concerning this whereby several concerns were voiced. Supervisor Thorpe reminded Board members that, when received, this will be reviewed by both, Town and County Planning Boards, for their review and input. Councilman O'Donnell commented that new business projects are inspiring, and will be considered, but maybe other alternatives will be heard during the review process. I 1 JULY 01, 1998 TOWN BOARD MEETING PAGE 2 255 Councilman O'Donnell reported on his progress with obtaining help for Blodgett Mills homeowner, Richard Parker. He acquired information and mailed it to him. He also contacted Dale Sturdevant of Alternatives to Incarceration, as suggested, and was advised that they are unable to perform on private property. Councilman O'Donnell apprised the Board that the summons for Lowell Craft has been given to the Chenango County Sheriff's Dept. They have been unsuccessful, to date, but will continue their attempt to serve the notice. Attorney Folmer stated that he will be informed when the notice has been served. Monthly reports for the Justice and the SPCA for the month of May, and the Town Clerk for the month of June 1998, are on the table for review and filed in the Town Clerk's office. RESOLUTION #115 ACKNOWLEDGE 1998 TAX COLLECTOR'S REPORT Motion by Councilman O'Donnell Seconded by Councilman Pilato VOTES: ALL AYE ADOPTED BE IT RESOLVED, the 1998 Tax Collector's Annual Report is hereby acknowledged and shall be received and filed. Councilman Pilato made a motion, seconded by Councilman Rocco, to receive and file a letter dated June 12, 1998 from Sasha Hafner to Attorney Folmer. All voting aye, the motion was carried. The letter expressed concerns relating to the proposed Grass and Weed Control Law. Councilman Rocco made a motion, seconded by Councilman O'Donnell, to receive and file a letter dated June 6, 1998 from Sandy Panzanella to Attorney Folmer. All voting aye, the motion was carried. The letter expressed concerns relating to the proposed Grass and Weed Control Law. RESOLUTION #116 DECLARE NEGATIVE IMPACT FOR AQUIFER PERMIT #2 OF 1998 - MOHAWK VALLEY OIL LOCATED AT 3817 ROUTE 11, POLKVILLE Motion by Councilman O'Donnell Seconded by Councilman Pilato VOTES: ALL AYE ADOPTED WHEREAS, an Aquifer Protection Permit application was submitted by Mohawk Valley Oil for the replacement of existing fuel tanks and the moving of the truck loading area, and WHEREAS, the Town Board as Lead Agent, duly reviewed and completed the Short Environmental Assessment Form, therefore BE IT RESOLVED, the Town Board, as Lead Agent, does hereby declare the proposed project of Mohawk Valley Oil, Aquifer Permit #2 of 1998, shall have no significant environmental impact. RESOLUTION #117 AUTHORIZE SUPERVISOR TO SIGN SEQRA APPLICATION OF AQUIFER PERMIT #2 OF 1998 Motion by Councilman O'Donnell Seconded by Councilman Pilato VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Supervisor is hereby authorized and directed to sign the SEQRA application relating to Aquifer Permit #2 of 1998, submitted by Mohawk Valley Oil. 25-6 DULY 01, 1998 TOWN BOARD MEETING PAGE 3 RESOLUTION #118 APPROVE AQUIFER PERMIT #2 OF 1998 FOR MOHAWK VALLEY OIL FOR THE LOCATION AT 3817 ROUTE 11, POLKVILLE Motion by Councilman Rocco Seconded by Councilman Pilato 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 #2 of 1998, submitted by Mohawk Valley Oil, for replacement of existing fuel tanks and moving truck loading area at 3817 Route 11, Polkville location, and further RESOLVED, the Supervisor is hereby authorized and directed to sign the permit. RESOLUTION #119 DECLARE NEGATIVE IMPACT FOR AQUIFER PERMIT #3 OF 1998 - E&V ENERGY CO. (MARSHALL ASSOC) LOCATED AT 3742 NYS ROUTE 11 POLKVILLE Motion by Councilman O'Donnell Seconded by Councilman Pilato VOTES: ALL AYE ADOPTED WHEREAS, an Aquifer Special Permit application was submitted by E&V Energy Co., property owned by Marshall Family Assoc., for the construction of a 10,000 gallon above ground fuel tank with diking adjacent to existing tanks, and WHEREAS, the Town Board as Lead Agent, duly reviewed and completed the Short Environmental Assessment Form, therefore BE IT RESOLVED, the Town Board, as Lead Agent, does hereby declare the proposed project of E&V Energy Co., Aquifer Permit #3 of 1998, shall have no significant environmental impact. RESOLUTION #120 AUTHORIZE SUPERVISOR TO SIGN SEQRA APPLICATION OF AQUIFER PERMIT #3 OF 1998 Motion by Councilman O'Donnell Seconded by Councilman Pilato VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Supervisor is hereby authorized and directed to sign the SEQRA application relating to Aquifer Permit #3 of 1998, submitted by E&V Energy Co. RESOLUTION #121 APPROVE AQUIFER PERMIT #3 OF 1998 FOR E&V ENERGY CO (MARSHALL ASSOC) FOR THEIR LOCATION AT 3742 NYS ROUTE 11 POLKVILLE Motion by Councilman Rocco Seconded by Councilman Pilato 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 #3 of 1998, submitted by E&V Energy Co., property owned JULY 01, 1998 TOWN BOARD MEETING PAGE 4 2 by Marshall Family Assoc., for construction of a 10,000 gallon above ground fuel tank with the condition that the applicant provide the required diking capacity of 1500, at 3742 NYS Route 11, Polkville., and further RESOLVED, the Supervisor is hereby authorized and directed to sign the permit. Supervisor Thorpe apprised the Board of a memorandum, distributed to them, received from County Legislator, Sandra Price. Attached is a copy of their new Sales Tax Agreement between the County and the City of Cortland in regards to the Sales Tax Distribution. Also included was a chart, based on 1998 projections, of the financial impact of this agreement to other municipalities in Cortland County, which takes effect January 1, 1999. It states that the Town would lose $118,502.90 and the tax rate for Cortlandville (outside) proposed to be 9.72 per thousand. Councilman O'Donnell made a motion, seconded by Councilman Pilato, to receive and file a letter dated June 16, 1998 from the Village Park Board of Managers. All voting aye, the motion was carried. The letter was thanking the Board for the use of the Town Hall for their annual meeting. Councilman Rocco, made a motion, seconded by Councilman O'Donnell, to receive and file a notification from Mr. Phillips, advising of his intent to renew his liquor license for the Rusty Nail, 3993 West Road, Cortland, New York. All voting aye, the motion was carried. Councilman O'Donnell made a motion, seconded by Councilman Pilato, to receive and file a letter dated June 8, 1998 from Robert Buerkle of the Cortland County Highway Dept. All voting aye, the motion was carried. The letter is the official notice of Cortland County, as Lead Agency for the Bennett Street Bridge Replacement, and advised a negative declaration was made. Councilman O'Donnell stated the earth movers have started removing top soil. Highway Supt, Carl Bush, informed the Board they've made a wider area for a sleeve for future gas lines. A discussion was held concerning the progress of the Bridge. Town Clerk, Pauline Parker, distributed a copy of a Local Law Draft for modular homes written by the NY Manufactured Assoc. Inc. brought in to her by Dick Mousaw of Value Homes of Cortland, as he requested. This occurred because of a denial of an application to allow for a double -wide trailer on Route 11, from the Zoning Board of Appeals. Councilman O'Donnell advised information coming from the State with regards to double-wide's was supposed to be available April 1st. He wrote to them and was advised it was not available yet, but was still forthcoming. A discussion was held concerning this, and Board's position relating to this. Town Clerk, Pauline Parker, informed the Board that she would be on vacation soon and would not be at the next meeting. Attorney Folmer reported: He will be out of town for a few days but will be back in time for the next meeting. Grass and Weed Control Draft: He distributed a revised draft for the Board's approval and explained the changes. Minibike Draft: He distributed a revised draft for the Board's approval and explained the draft and the articles attached from the New York State Vehicle and Traffic Law. 215 JULY 01, 1998 TOWN BOARD MEETING PAGE 5 A discussion was held concerning the definition of an ATV and the continuing complaints. Councilman O'Donnell commented he had spoken with Michael Cole and he reported the Sheriff's Dept. had been up to McDonald Road twelve times in the last seven days and things were better. Lynn Downes zoning violation: The proceeding has commenced. Attorney Folmer explained the procedure he and the Town CEO, Bruce Weber, follow with a zoning violation. He further apprised the Board that the only person who has authority to prosecute any violation of the law is the District Attorney. Carried with that is exceptional discretion and occasionally some matters cannot be done by him, and he explained his role and authority. RESOLUTION #122 SCHEDULE A PUBLIC HEARING FOR A LOCAL LAW TO ACCOMPLISH CODIFICATION OF THE TOWNS CURRENT LOCAL LAWS, ORDINANCES, AND CERTAIN RESOLUTIONS ON AUGUST 5 1998 AT 7.00 P.M. Motion by Councilman O'Donnell Seconded by Councilman Pilato VOTES: ALL AYE ADOPTED WHEREAS, the Town Board of the Town of Cortlandville has entered into a project for the codification of local laws, ordinances and certain resolutions of the Town of Cortlandville for the purposes of increasing the effectiveness of town governmental administration, providing for greater public awareness of and access to town legislation and protecting the health, safety and welfare of town inhabitants; and WHEREAS, the proposed codification has been published in loose- leaf form and the Town Board now desires to formally effect the adoption of said codification by enactment of a local law; therefore BE IT RESOLVED, that a public hearing be held by the Town Board with respect to enactment of the following local law, such public hearing to be held on the 5th day of August 1998, at 7:00 p.m., in the Town Hall, Cortland, New York. The proposed local law to be considered is as follows: A LOCAL LAW TO PROVIDE FOR THE CODIFICATION OF THE LOCAL LAWS, ORDINANCES AND CERTAIN RESOLUTIONS OF THE TOWN OF CORTLANDVILLE INTO A MUNICIPAL CODE TO BE DESIGNATED THE "CODE OF THE TOWN OF CORTLANDVILLE" BE IT FURTHER RESOLVED, copies of the text of above -named local law shall be filed in the office of the Town Clerk and that the Town Clerk is hereby directed and authorized to cause a public notice of said hearing to be given accordance with the Municipal Home Rule Law, the Open Meetings Law and sections 264 and 265 of the Town Law of the State of New York. Supervisor Thorpe apprised the Board that he will be out of town for the August 5th meeting. Also, Bob Polack, from the Copeland Co., will be at the Town Hall on July 9th at 3:30 pm to speak about the new tax deferred program for Town employees. 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 7:45 pm. r Re pectfu�y ubmitted, i Pauline H. Parker, CMC Town Clerk Town of Cortlandville