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Home My WebLink About12-02-1998DECEMBER 2, 1998 PUBLIC'. HEARING 7:00 P.M. AQUIFER PROTECTION PERMIT EES WAY ENTERPRISES, INC. LUKER ROAD -KILN BUILDING TAX MAP #86. 17-01-01. 000 A Public Hearing was held by the Town Board of the Town of Cortlandville at the 'Town Hall, 3577 Terrace Road, Cortland,. New :fork, concerning the construction of a. 2300 sq . ft . building to house two kilns. III Members present: Supervisor, Raymond Thorpe Councilman, Theodore Testa Councilman, Edwin O'Donnell Councilman, Ronal Rocca Councilman,. ,Jahn Pilato Town Clerk, Pauline Parker Others present were: Town Attorney, .John Folmer; Highway Supt, Carl Bush; Attorney, Amanda. Shaw for Barry Latta Sr. from Seneca Automatic Door; Tina Panzanella of Yellow Lantern Campground; and News Reporter, Ida. Pease. Supervisor Thorpe caller the Public Hearing to order. The Town Clerk read aloud the Legal Notice, as posted and filed. The Town Clerk stated this project has been approved by the Town and Count} Planning Boards. Supervisor Thorpe read the recommendations of the Town and County Planning Boards. Supervisor Thorpe offerers those in attendance privilege of the floor. Councilman Testa made a motion, seconded by Councilman O'Donnell, no close the Public Hearing. All ,voting aye, the motion was carried. The Public Hearing was closed at 7:10 p.m. 1 DECEMBER 2, 1998 TOWN BOARD MEETING 7 : 0 0 P.M. - %5 The Regular Meeting of the Town Board of the Town of Cortla.ndville 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, Councilman, Edwin O'Donnell Ronal Rocco Councilman, .John Pilato Town Clerk, Pauline Parker Others present. were: Town Attorney, ,John Folmer; Highzry a-v Supt, Carl Bush; Attorney, Amanda. Shaw for Barr Latta. Sr. from Seneca. Automatic Door; Tina. Panzanella. of 'fellow Lantern Campground; and News Reporter, Ida Pease. Supervisor Thorpe called the meeting to order following the Public Hearing for Bestwa.,E Enterprises, Inc. Councilman O'Donnell made a motion, seconded by CcjuracilimaIi Testa, to approve, as written, the Town Board Minutes of October 21, 1998. All voting aye, the motion was carried. Councilman Rocco made a. motion, seconded by Councilman Pilato, to receive and file the Town Planning Board Minutes of October 27, 1998. All voting aye, the motion was carried. Councilman O'Donnell made a motion, seconded by Councilman Rocco, to receive and file the Zoning Board of Appeals Minutes of Cictober 27, 1998. All voting aye, the motion was carriers. RESOLUTION # 18 8 AUTHORIZE PAYMENT OF VOUCHERS 1CHERS DECEMBEF' Motion by Councilman Rocco Seconded by Councilman Pilato VOTES: ALL AYE ADOPTED BE IT RESOLVED, the vouchers submitted have been audited and shall be paid as follows: General Fund A Vouchers #565 - 594 $12,988.33 General Fund B 155 - 158 $ 4,610.62 General Fund DA 6 - 8 $13,109.07 General Fund DB 488 - 502 $20,242.58 Water Fund 322 - 327 8 1,167.32 Sewer Fund 198 - 200 $ 352.30 Capital Projects 9 ,159.88 Supervisor Thorpe offered privilege of the floor to those in attendance, Councilman O'Donnell suggested a. letter be written to the NYS DOT, from the Supervisor, as a. result of the meeting with the residents of the Bell Drive area. The letter should advise them of the problems in the Bell Drive area and request that we be involved with them during the planning stage:- for that. area. He also requested sending a. letter to Thoma. Assoc . 's asking them to research available grants which may apply for the Bell Dr. drainage problems. A discussion was held whereby it was agreed that a. letter be sent to the 1,7 S DOT, and determiners it was premature its sending a letter to Mr. Thoma. '316 DECEMBER 02, 1998 TOWN BOARD MEETING PAGE 2 REVOLUTION #189 At.JTHORIZE SUPERVISOR TO WRITE LETTER TO NYS DOT REFERRING TO BELL DRIVE DRAINAGE PROJECT Motion by Councilman Rocco Seconded by Councilman Pilato VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Supervisor is hereby authorized and directed to write a. letter to the NYS Department of Transportation requesting the Town be included in their plans of reconstructing NYS Route 281 in the Bell Dr. area, to minimize the flooding and drainage problems. The monthly report of the Town Clerk for November 1998 is on the table for review and filed in the Town Clerk's office. Councilman Rocco made a motion, seconded by Councilman Pila.t.o, to receive and file the recoIlmendations from the County Planning Board pertaining to the Site Plan review, Aquifer and Subdivision request. of Eckerd Drugs. All voting aye, the motion was carried. Attorney Folmer apprised the Board that the notice for the Eckerd Drugs Public Hearing, scheduled for tonight's meeting, was not published by the newspaper in time for the required five day* notice. The newspaper apologized for the error. Councilman Testa made a. motion, seconded by Councilman O'Donnell, to receive and file the County Planning Board's recommendations regarding the Zone Change request. of Stephen and Lonna. Young. All voting aye, the motion was carried. A discussion was held concerning the zone change request of Barry Latta. for Seneca. Automatic Door. Attorneys Amanda. Shaw explained the proposed project and its location. The original proposed project of 14 acres., with road frontage on Luker Rd. and Fairview Dr., was recommended denial by the County Planning Board. They suggested the applicant scale down the zone change request. She staters they amended the None change to eight acres located on the Luker Rd. and are requesting a. subdivision, to accomplish. The other six acres, on Fairview, would remain residential. The discussion continued on resubmitting this project to the County Planning Board as they have reserved the right to review. Attorney Folmer explained the criteria for a. land use variance and when a Public Hearing for this project could be scheduled. RESOLUTION #190 REFER REVISED ZONE CHANGE REQUEST OF AMANDA SHAWiBARRY LATTA (SENECA AUTOMATIC C DOOR) TO COUNTY PLANNING BOARD FOR THEIR REVIEW AND RECOMMENDATIONS Motion by Councilman Rocco Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED, the revised Zone Change Request Application, submitted by tSmanda. Shaw/Barry Latta, (Seneca. Automatic Door) at Luker Road, shall be referred to the County Planning Board for their review and recommendations, per their Resolution #98-40, adopted on August 28, 1998, and further RESOLVED, the letter and Short Environmental Assessment Form from Riehlman, Shafer and Shafer to CEO Bruce Weber, pertaining to this request, hall be received and filed. 4TIU-Tad aqa TI%Ts nq I;[aaoaaT1) pug pozT--Ecggn-c, fgaaaT4 sT TGSTA-TaCA' nS� 0Td4 '[I3l�It�SH .3aTlq.in.3 pug `sultYI O±Aq asncq a'�. `FauTPITrlrl .. j .has C)0�--Z .c 1a u o T naqsurj[:a Traj , J.TI- Z--E �'irl pauIiio A drJad ` •;D11 sa6T_IdaaquH Ag%iiqsea3 Aq I[aq.q.Tuuc. ns: `966T +c[ T T # Tivaad ae j inh-v atzoadd-c 1.gaapTl seop p.-i'crag Tu)ir3,1 aq-� ,.jHjti-j0-Z,H 11 H3 aTojaaaTI . •Pau[ag mhos sTTfiq- it Anp sI'll PDuT-23Td p cHdHHZ'j;FI Pug ` TIC[ T'�-2 a T l dd'G q Tuuaad za.}znFa,sTTd .3a I" � C.-Id[du POPuaunu[D;aaa PT c ahiazi'S ).-I 8A6Tq P_TQ0 kluTuu-WTd IUACI' , 8114 raTl-c pi -crag BuZTIugld qurI[awJ [u�I Tta�� ally ` VHdZR, (I3.LdU3 n 31 'Y IZ' ` 1u.I OA GgsGJ- u'Q'IUT TOUnCD fcj PaPUCOO 0000d u'cuIIT:[unGF1 2,,q Tic TqciIq (=f Hd IwI7IH) ° DIII `SZSIdddZJ.11!H .VMLS73 'dO: q 966T 3qO TT# ,-DTdHd HEZIflOV 7A0'dddV �6T# t'Toi .n-loSHld auI 'sast.zd,za-zu3 . gm-4sag Aq I---.-T 3aTiugns ' 266T .40 TT# ':.iuzzad TejTnbT,7 cq Bu-c4Qlaa UCT4)-D 'TddQ 'fd H„ aq4 uBTs aq pa oajip pug paziacggn'c fr.Iaaoij sT aqq GHA70SH,d .I.I H3 93.Ld09'd HI:n 77 o SH.LOA T lauur a. o ,,.q pnpTzc[c[aS [D,D-,Dad UPIUTTOTIrLIDD f-q UrDT-.0H 966T AO TT# J-IKdHd 3o NOIZ-, DI7 do 'TdOHS t-I-SIS Ol `WSIAHEdf1S HLI��OHZCi ,�6T# rI�7IJi170S3d ° �;��dIIIT I6��.LIa1LitIr�aT1':IIa 4TIQ�DTjTTIBTS i[U ar'.'cTI ITcr4s a966T JC TT# .41uzI8d _I8J-inFa°y `s:asTad_IagtI ra oGCOTd Pascldr�.-Td 8IT4 az'C' oaP hqaaaT.I sar)I) ` qTueSv I-.3pa7 sn , pxeo3 ulrlo'L sTq:a , �731'a"JOSEd J I H3 adcjGaGgq 'uI_Tra3 quaulssassv Gqq- PagalduTo;D pug PaMaTAO_I AInp ' quGBV P'c07 sIJ Ira-.[Dq umcT all-, - S'ZHdHRv pug `suIT�I oiuq asnc[TI aq FuTpITnq •T.� -Ls 0o,�=Z "G .Ic[ aT�:� a[�.� ` sq;D � Ta'r�y Aq peumo i,4aadcad i ° ou l ' seS Tadaequa Api,/,4sag Aq paq;Tiugns S-6-M uc[Tqg0Tlddc �-Tuz-iad aa.1TnF'T�7 uu 3�i3HAA i13.Ld0G HIVHZIV 77V SH.L0A IIaTITIraC1,0 u'C'IUTT,-Jurl0,j Aq PePTTO-DOS 0330H UQUII T: su110D q uc T �Oli c'JcI d 1 SZ°l ( tDO {..ZDICOdcl Dl I `SHSI ddRlk?H 7-,.LJ VMH3 - 966T ZO TT# IINdHd �dH-4irl61 `Joz =.kiwi HAIL' IDHI.I HH'YIDHl7 Z6T# IIOIICI'IOSHd ' UT' d OI] : S 4) 266 T ` 9T aarluie-)eC1 Tza PTaT- acI 04 `IaalrllaaTlasaa tqaaaTl sT 4TUU@a aaJTnr[t - faTc[-4- Briag �aza�;aHj JTI ;ualuudc'TGA8Q GTQTq-sat; Tra; BUT.z'eaH ,[Tlcfrld aT_Iq "(19A-IOSH`d JI 13 [a; oca j uuuul TouncD {:q papuonaS gasaZ TI'GAIIT:aTInC[,j [ eIr�T'+U�r.� ZIk,l'dHd 3M( V H1i 7ZSHM HO3 H7IlQHH� SH`d T6T# NOIJE170SH'd IE HiDwd ONIZHHN GE 02 t-It''AoT e66T iZQ IHMIITH7HG DEC'EMBER 02, 1998 TOWN BOARD MEETING PAGE 4 Attorney Folmer informed the Board that both, County Planning Boards have. recommended approval of. Enterprise, Inc. project for the construction of a. store processed lumber. The project was approved with This Board has held the Public Hearing, and now we the final action. the Town and Bestwaythe Bestway building to conditions. need to take RESOLUTION #195 DECLARE NEGATIVE IMPACT FOR AQUIFER PERMIT #7 OF 1998 - BEST+A.Y ErTTERPRISES, INC. LOCATED AT 3877 LUKER ROAD Motion by l,_ouncilItlan Rocco Seconded by Councilman Testa. VOTES: ALL AYE ADOPTED WHEREAS, an Aquifer Permit application was submitted by Bestway Enterprises, inc., for the construction of a. pre-engineered metal building on a. concrete slab for the storage of processed lumber, 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 Bestway Enterprises, Inc., Aquifer Permit #7 of 1998, sha11 have no significant environmental impact. RESOLUTION #196 AUTHORIZE SUPERVISOR Ti SIGN SEQRA APPLICATION OF AQUIFER PERMIT #7 OF 1998 Motion by Councilman Testa. Seconded by Councilman Pilat.o VOTES: . ALL AYE ADOPTED BE IT RESOLVED, the Supervisor is hereby authorized and directed to sign the SEQRA application relating to Aquifer Permit #;+ of 1998, submitted by Bestway Enterprises, Inc. RESOLUTION #197 APPROVE AQUIFER PERMIT #7 OF 1998 FOR BEST AY ENTERPRISES, INC. FOR THEIR LOCATION AT 3877 LUKER ROAD SUBJECT TO CONDITIONS Motion by Councilman Rocco Seconded by Councilman Testa. ';COTES: 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, dul_,r held by this Town Board, therefore BE 1T RESOLVED, the Town Board does hereby approve Aquifer Permit. #7 of 1998, submitted by Bestway Enterprises , Inc. for construction of a. pre-engineered metal bAiilding on a. e'orle=retE? slab for the storage of processed lumber, sub.jec-t to the following conditions as set forge by the County Planning Board: a. stormorater pollution prevention plan in accordance with the Town's Stormvrater Management and Erosion and Serdiment. Control Ordinance; no additional road access onto Luker Road be developed to access the proposed building; and no trucks be used to access this building treat would have to swing into Luker Road, and further 1 LJ III RESOLVED, the Supervisor is hereby authorized amd directed to :sign the permit. DECEMBER 02, 1998 TOWN BOARD MEETING PAGE 5 -1 % Councilman O'Donnell made a. motion, seconded by Councilman Pilato, to receive and file the inspection report from Atlantic - Inland, Inc. All voting aye, the motion was carrier. The report was the periodic fire safety inspection performed at the Town Hall on November 24, 1998. The Town Hall was found to be in compliance. RESOLITTION #198 ACCEPT ANNUAL REPORT OF TOWN RMO AND SCHEDULE OF DISPOSED RECORDS IN 1998 IN ACCORDANCE WITH THE' RECORDS RETENTION AND DISPOSITION SCHEDU E Motion by Councilman Rocco Seconded by Councilman Pilau, VOTES: ALL .AYE ADOPTED BE IT RESOLVED, the Town Board does hereby accept the Annual Report of the Records Management Officer of the Town, including the list of disposed records in 1998, in accordance with the Records Retention and Disposition Schedule, MU-1. Councilman Pilato made a motion, seconded by Councilman O'Donnell, to receive and file a letter dated November 16, 1998 from NYS Office of Parks, Recreation and Historic Preservation to Richard Schuh of Suit -Tote Corp. All voting aye, the motion was carried . The letter stated the proposed zone change of Suit -Kate at Lorings Crossing trill not have a significant adverse effect on historic and cultural resources. Attorney Folmar explained this agency: is stating that this Project will not be creating any historical or cultural problems and refers only to that limited area. It does not refer to any other concerns Suit-Kota's request may incur. Attorney Folmar reported that Supervisor Thorpe forwarded a notice to him from Pace University School of Law; Land Use Law Center referring to a new publication involving zoning and planning. He would like to purchase this for the town, in the amount of $64.95, to be charged against his contractual account. RESOLITTION #199 AUTHORIZE ATTORNEY TO PURCHASE A NEW LAND USE PI.SBL I CATI ON ON ZGI. TNQ F QP THE TOWlk'T Motion by Councilman Rocco Seconded by Councilman Pilato VOTES: ALL AYE ADOPTED BE IT RESOLVED, th-c Town Board does hereby authorize the TOT/.Tn Attorney to purchase the full set of the new land use publication pertaining to zoning and planning. from the Pace IJniversity7 School of Law, in the amount. of $64.95. Attorney Folmar reported: He presented his 1999 Contract Proposal to Supervisor Thorpe. Attorney Folmar requested consideration of a resolution he had drafted in memory of Fred Walker, Sr. J06 DECEMBER 02, 1998 TOWN BOARD MEETING PAGE 6 RESOLUTION #200 RESOLUTION IN MEMORY OF FORMER TCi�rIU EMPLOYEE - FREDERICK WALKER, R ,11'--1EREAS, the Town Board of the Town of Cortlandville has learned of the death of former employee of the Town, Fred Walker, Sr., and WHEREAS, for more than 25 yearn, Fred Walker, Sr. faithfully served both the government and the citizens of Cortlandville with diligence, devotion and concern for the welfare of Gathers, and WHEREAS, the Town Board wishes to express its sympathy to the family of our deceased colleague, therefore BE IT RESOLVED, that the Town Board of the Town of Cortlandville expresses its sincere and long lasting sympathy at the passing of Fred Walker, Sr., and further RESOLVED, that this resolution shall be spread upon the minutes of the proceedings of the Town Board and the Supervisor be directed to forward a. copy of same to Mr. Walker's family. Supervisor Thorpe recommended that each Board member be designated to oversee a. Town department. He stated this will be an informal arrangement to allow each of the Board members to become more knowledgeable of each department. He appointed each member as follows: Supervisor Thorpe: Town Hall, ?assessor, Bookkeeper Councilman Testa: Engineer, Code Enforcement, Cortlandville Citizens Park on NYS Route 281, Blodgett Mills Park Councilman O'Donnell: Highway, Water & Sewer Dept. Councilman Rocco: Justice Dept. Councilman Pila.to: Town Clerk's Office RESOLUTION #201 AUTHORIZATION TO RELEVY DELINQUENT WATER AND SEWER ACCOUNTS TO THE 1999 TAX ROLL OF THE TOW117 Motion by Councilman Rocco Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED vv`HEREAS, the list of delinquent accounts of the Water & Sewer Dept. of the Town was submitted, as required, therefore BE IT RESOLVED, the Town Board does hereby receive and forward the list of delinquent water and sewer accounts of the Town of Cortlandville to the Cortland County Real Property Tax Office, to be relevied onto the 1999 tax roll of the Town. Supervisor Thorpe read a. letter from Pine View Associates referring to their past dues balance on their Water and Sewer bill. The letter was requesting a. payment plan be arranged to pay this overdue balance. Supervisor Thorpe recommended denial and stated it has been the policy of the Board in the past to deny this type of request. Attorney Folmer stated to start accepting payments would he setting a. dangerous precedent. N/ DECEMBER 02, 1990 TOWN BOARD MEETING PAGE 7 I RESOLUTION #202 DEN`.[ REQUEST OF JOSEPH BARRICK TO MAKE Ild'STALLMEtTT PA11.4EITT5 ON PAST DUE WATER AND -SEWER -CHARGES FOR PINE ',VIEW WuRTME%TTS Motion by Councilman Testa. Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED WHEREAS, a. request was received from Joseph Barrick of Pine View Associates, concerning overdue water and sewer charges at their Pine View Apartments located on Route 281, and WHEREAS, such request was duly reviewed by the Board and determined that other requests in the east were denied, therefore BE IT RESOLVED, the Town Board does hereby deny the request for arrangement of payments for overdue water and sewer charges for Pine View Apartments, owned by Pine View Associates and said charges will be relevied onto the 1999 Town and County Tax Bill. A discussion was field with the Highway Supt . pertaining to changes in the retirement plan treat applies to those in Tier 1. Councilman Rocco offered to review this and report back to the Board. Super-,risor Thorpe apprised the Board of a. notice sent. to Steven Timmons can Fisher Ave. from the Water Dept. This business has never installed in meter nor back flow device, which has resulted with an estimated reading. Neither has a. payment been made an the account. Mr. Timmons responded stating the property was unused and requested being billed the minimum charge and not on an estimated usage basis. The Superintendent of Water and Sewer Dept. verified the business is closed, and has been for some time. He requested the Board consider this and make an adjustment. RESOLLiTION #203 AUTHORIZE WATER AND SEWER SUPT. TO ADJUST SEWER CHARGE FOR STEVEN TllVMONS FOR PROPERTY LOCATED AT 1335 FISHER AVE Motion by Councilman Testa. Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED WHEREAS, past due payment had not been received from Steven Timmons for previously billed estimated sewer charges for his business located at 1335 Fisher Ave, and WHEREAS, correspondence from Mr. Timmons indicated his business has been closed for the past year, and has requested he be charged the minimum usage charge, and WHEREAS, verification of said business was made by the Water and Sewer Supt . and a. change from the estimated water and sewer usage charge has been requested, therefore BE IT RESOLVED, the Water and Sewer Supt. is hereby authorized to adjust the sewer charge from the estimated usage charge to the minimum usage charge for 1996 and forward a corrected bill, and continue with the minimum charge for property oiiTned by Steven Timmons, located at 1335 Fisher Ave. AVA DECEMBER 02, 1998 TOWN BOARD MINUTES PACE G Councilman Rocco made a. motion, seconded by Councilman O'Donnell to recess the Regular Meeting to an Executive ession do discuss a personnel matter. All voting aye, the motion was carried. The following information was received from the Supervisor's office. Councilman Rocco 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. Respectfully iubmi .ted, Pauline H. Parker, t_".MC Tarn Clerk Town of Cortlandville 1