HomeMy WebLinkAbout03-17-199942 14ARCH 17, 1999
5:00 P.M.
PUBLIC HEARING
AQUIFER PROTECTION PERMIT
A14ANDA SHAW/BARRY LATTA, SR
(SENECA AUTOMATIC DOOR CO.)
RICHA.RD HARRIS, PROPERTY OWNER
LUKER ROAD
TAX MAP #95.00-05-5.100
A Public Hearing was held by the Town Beard of the Town of
Cortlandville at the Town Hall, 5577 Terrace Road, Cortland, New
York, concerning an Aquifer Protection Permit permitting the
construction of a. structure to house Seneca Automatic Door, Inc.
facility with appropriate parking on Luker Road.
Members present:
Supervisor,
Councilman,
Councilman,
Councilman,
Councilman,
Town Clerk,
Raymond Thorpe
Theodore Testa
Edwin O'Donnell
Ronal Rocca
John Pilato
Pauline Parker
Others present were: Town Attorney, John Folmer; Highway
Supt, Carl Bush; Amanda Shaw of Attorneys Riehlman Shafer &
Shafer; and mews Reporter, Angela Leddy.
Supervisor Thorpe called the Public Hearing to order.
The Town Clerk read aloud the Legal Notice, as published,
posted and filed.
Supervisor Thorpe offered privilege of the floor to those in
attendance.
Amanda Shaw, representing the applicant, Barry Latta of
Seneca Automatic Door, Inc, reiterated that the applicant has an
approved Zone Change, changing eight acres to Business leaving
the rest Residential. As required, the Town Planning Board
approved a Sub -Division of this parcel. They also approved the
Conditional Permit, subject to receiving an approved Stormwater
Management Plan from the Cortland County Soil and `,dater
Conservation District, of which she has yet to receive. They also
recommended to this Board, approval of their Aquifer Protection
Permit request.
She stated that according to the Town Zoning Law, this
request should be referred to the County Planning Board. She
felt, based on the action that has taken place and that it has
been before the County Planning Board twice, it doesn't need to
be referred back to them again.
Councilman Rocco inquired if residents in the area of the
project had been notified and if any had objected to the project.
Ms. Shaw stated the Planning Board notified residents. She
had been to several Public Hearings, relating to this, and no
response was made.
The Town Clerk confirmed the Town Planning Board's actions
of this project, as reported by Ms. Shaer. They recommended
approval of the Aquifer Protection Permit upon the receipt of the
approved Storm Water Management from the Cortland County Soil and
Water Conservation District.
After further discussion, Attorney Fulmer explained the
process taken by County Planning board.
Attorney Folmer stated a SEQRA review was done for the Zone
Change application, at the February meeting. Another SEQRA review
is not necessary.
Councilman Rocco made a motion, seconded by Councilman
Testa, to close the Public Hearing. All voting aye, the motion
was carried.
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The Public Hearing was closed at 5:10 p.m.
14ARCH 17, 1999
TOWN BOARD MEETING
5:00 P.M. 43
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, Ronal Rocco
Councilman, John Pilato
Town Clerk, Pauline Parker
Others present were: Town Attorney, John Folmer; Highway
Supt, Carl Bush; Amanda Shaw of Attorneys Riehlman Shafer &
Shafer; and News Reporter, Angela Leddy.
Supervisor Thorpe called the meeting to order following a
Public Hearing for an Aquifer Protection Permit.
Attorney Folmer recommended the Aquifer Protection Permit be
addressed first.
RESOLUTION #58 APPROVE AQUIFER PROTECTION PERMIT #5 OF 1998
FOR BARRY LATTA SR, PROPERTY OWNED BY RICHARD
HARRIS. LOCATED ON LUKER ROAD
Motion by Councilman Rocca
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, and
WHEREAS, the SEQRA review was performed by the Town Board, as
Lead Agency, at the February 3, 1999 meeting, therefore
BE IT RESOLVED, the Town Board does hereby approve Aquifer
Protection Permit #5 of 1998, for property on Luker Road owned by
Richard Harris, application submitted by Amanda Shaw/Barry Latta,
Sr. (Seneca Automatic Door, Inc), and further
RESOLVED, the Super -visor is hereby authorized and directed to
sign the permit.
Councilman Rocco made a motion, seconded by Councilman
O'Donnell, to approve the Town Board Minutes of February 3, 1999,
as written. All voting aye, the motion was carried.
RESOLUTION #59 AUTHORIZE PAYMENT OF VOUCHERS
ARCH
Motion by Councilman O'Donnell
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 #101 -
127
$11,823.20
General Fund B
20 -
24
$ 761.81
Highway Fund DB
103 -
128
$17,712.55
Water Fund
46 -
60
$ 7,337.65
Sewer Fund
30 -
36
$ 1,947.63
14 MARCH 17, 1999 TOWN BOARD MEETING PACE 2
Supervisor Thorpe offered privilege of the floor to those in
attendance.
Councilman Testa asked for a review of the times and dates
of the Town Board meetings to be held in McGraw and Blodgett
Mills.
The Town Clerk stated the meeting in McGraw will be held at
the Community Center on May 5, 1999 and the Blodgett Mills
meeting will be held June 2, 1999 at the Independent Baptist
Church. Both meetings are scheduled for 7:00 p.m.
Supervisor Thorpe apprised the Board of a request from the
Eight County Physician's Organization of Commons Ave for special
lighting in that area.
A discussion was held with Highway Supt, Carl Bush,
concerning the cost and responsibility of this lighting proposal.
It was the consensus that if they desired to purchase the lights,
the Town will approve the installation, and the utility company
will bill them monthly.
Supervisor Thorpe will inform the Physician's Association.
No action was taken.
The Justice monthly report for the month of February 1999 is
on the table for review and filed in the Town Clerk's office.
The Town Clerk distributed information of a Planning and
Zoning Workshop being offered May 14, 1999 at Mt. Morris, N.Y.
Supervisor Thorpe stated he sent a copy to the Chairpersons
of the Planning and Zoning Boards.
Supervisor Thorpe apprised the Board of a list of Town
property owners that have received final notices regarding their
need to connect to the Town's sewer lateral. He stated that this
is a. requirement under the Cortland County Sanitary Code.
Attorney Folmer stated the County Health Department can
enforce the hook-up requirement.
Councilman O'Donnell made a motion, seconded by Councilman
Pilato, to receive and file the list received from the Water and
Sewer Dept. of the Town. All voting aye, the motion was carried.
Councilman Rocco made a motion, seconded by Councilman
O'Donnell, to receive and file a letter dated March 2, 1999 from
the Lamont Free Library. All voting aye, the motion was carried.
The letter expressed appreciation of the Town's contribution
to their library and informed the Board of the activities and
programs the library has been able to offer the community.
Councilman O'Donnell, made a motion, seconded by Councilman
Rocco, to receive and file a letter from Willowbrook Golf Club,
Inc., advising of their intent to renew their liquor license at
Willow Brook Golf Club an route 215, Cortland, New York. All
voting aye, the motion was carried.
The Town Clerk reminded the Board of previous requests from
residents in McGraw regarding the new Community Building being
the polling place instead of the McGraw High School. She also
received a letter from the McGraw 'tillage Board stating their
action to holding their Village elections at the Community
Building, in the future.
RESOLUTION #60 DESIGNATE COMMUNITY BUILDING IN MCCRkW
AS A POLLING PLACE FOR TOS141T RESIDEITTS
WITHIN ELECTION DISTRICT 12-2
Motion by Councilman O'Donnell.
Seconded by Councilman Pila.to
MOTES: ALL AYE ADOPTED
WHEREAS, for several years, the voters of the Town that reside in
Election District 12-2 voted at the McGraw Fire Station, and was
relocated to the McGraw High School, and
MARCH 17, 1999 TOWN BOARD MEETING PAGE 3
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WHEREAS, the Community Building has been completed in the Village
of McGraw and meets all requirements needed and necessary for a
polling place, and
WHEREAS, it is the desire of this Town Board to utilize
facilities convenient to their constituents whenever possible,
therefore
BE IT RESOLVED, the Town Board of the Town of Cortlandville does
hereby authorize a change of the location of the pulling place in
Election District 12-2 and designate the Community Building in
McGraw located at 15 Clinton Street, as a polling place for the
Town, and further
RESOLVED, the Town Clerk shall notify the Cortland County Board
of Elections, as required.
The Town Clerk opened a discussion regarding the present
polling location at the Cortlandville Fire Station, located at
3537 West Road, to the new fire station, to be located on NYS
Route 13, when completed. The County Board of Elections informed
her that because the new fire station will be contiguous with the
present election district, the polling place may be relocated
there, if desired. The two districts cannot be combined.
A discussion was held concerning possible confusion with
changing polling places. The Town Clerk stated the confusion with
last years elections at the Town Hall, was due to misinformation
sent to them by the County Board of Elections. That problem has
been rectified.
Councilman O'Donnell inquired concerning the time frame for
making a decision on moving the polling place. The Town Clerk
stated action would need to be taken soon to allow the County
Board of Elections sufficient time to notify voters of their
polling location. The fireman have a completion date of August
1, 1999. If a Primary is needed, it would be held in September.
Because of the unknown time -frame, we could wait until neat year
to make this decision, and hold the elections this year at the
Fire Station on Route 281.
No action was taken.
Attorney Folmer reported:
NYS Route 13 Water Project: He has the SEQRA and the Order to
adopt to set the date for the Public Hearing for ITYS Route 13
Water Distribution System Improvement Project - 1999.
He apprised the Board that he will be out of Town from March 24th
to April 14th.
RESOLUTION #61 DECLARE NEGATIVE IMPACT FOR NYS ROUTE 13
STATER DISTRIBUTION SYSTEM IMPROVEMENT
PROJECT - 1999
Motion by Councilman Pilato
Seconded by Councilman Testa.
VOTES: ALL AYE ADOPTED
WHEREAS, The Town Board has approved, per Resolution #56 of March
03, 1999, the process for a new Water Distribution System
Improvement Project along NYS Route 13, 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
ATYS Route 13 Water Distribution System Improvement Project - 1999
shall have no significant environmental impact.
46
MARCH 17, 1999
TO'YA%l BOARD MEETING
PAGE 4
RESOLUTION #62 AUTHORIZE SUPERVISOR TO SIGN SEQRA
APPLICATION FOR THE NYS ROUTE 13 WATER
DISTRIBUTION SYSTEM IMPROVEMENT
PROJECT - 1999
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. farm for the NYS Route 13 hater Distribution
System Improvement Project - 1999.
RESOLUTION #6.3 ADOPT THE ORDER PURSUANT TO TOWN LAW
ARTICLE 12-C "NYS ROUTE 13 WATER
DISTRIBUTION SYSTEM IMPROVEMENT PROJECT -
1999" AND SET DATE FOR A PUBLIC
HEARING ON APRIL 21 1999 AT 5.00 P.M,
Motion by Councilman Pilato
Seconded by Councilman Testa.
VOTES: ALL AYE ADOPTED
i,IHEREAS, the Town Board of the Town of Cart landvi 1 le (herein
called "Town Board" and "Town," respectively), in the County
of Cortland, New York, has caused the Town Engineer, a. competent
engineer, duly licensed by the State of New York, to prepare a
general plan, report and map for the proposed construction of
improvements along Route 13 in the Town, consisting of the
installation of approximately 1600 feet. of 6 inch watermain, the
replacement of 20 existing water serTaice connections with
approximately 1500 feet of copper service line, 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 therefore, and all
ancillary work thereto, all within the unincorporated areas of
the Town outside of any villages, pursuant. to Article 12-C of the
Town Law, and which plan, report and map has been heretofore duly
filed in the office of the Town Clerk for public examination; and
WHEREAS, such Water Improvement will benefit the entire area of
the Town outside of any villages, said area being hereby
designated as the Benefited Area. (the "Benefited Area"); and
W1iEREAS, the Benefited Area is more particularly bounded and
described as follows:
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 Beard has found that no
substantial adverse environmental impact will be caused by the
Water Improvement; and
MiEREAS, 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 New York State 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 properly 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 estimated to be
$200,000, 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 such
Benefited Area which the Town Board shall determine to be
especially benefited by said Water Improvement, so much upon and
from each as shall be in just proportion to the amount of benefit
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MARCH 17, 1999 TOWN BOARD MEETING PAGE 5 47
which the Water Improvement shall confer upon the same, to Pay
the principal and interest on said bonds as the same shall become
due and payable; and
WHEREAS, the annual cast of operation and maintenance of said
Water Improvement shall be Paid with a charge upon the entire
area of the Town outside of any villages which shall be levied
and collected in the same manner and at the same time as other
Town charges, now, therefore,
BE IT ORDERED, that the Town Board of the Town of Cortlandville
meet and hold a Public Hearing at the Town Hall on April 21, 1999
at 5:00 p.m. (Prevailing Time) to consider the construction of
such Water Improvement, at which all persons interested in the
subject thereof may be heard concerning the same, and for such
other action an the part of the Town Board with relation thereto
as may be required by law;. and be it
FURTHER ORDERED, that the Town Clerk publish at least once in the
"Cortland Standard," a newspaper having a. general circulation
in the Town of Cortlandville, and hereby designated as the
official newspaper of the Town for such publication, and post
conspicuously on the bulletin board in the office of the Town
Clark, a. copy of this Order, certified by the Town Clerk, the
first publication and said posting to be not less than ten (10)
nor more than (20) days before the day designated herein for said
public hearing as aforesaid.
Supervisor Thorpe read a letter from Town Clerk, Pauline H.
Parker announcing her intent to retire as of May 1, 1999. He
stated this should be received with deep regret. Several
comments were heard from those in attendance.
RESOLUTION #64 ACCEPT RESIGNATION FOR RETIREMENT FROM
PAULINE H PARKER AS TOWN CLERK/TAZ COLLECTOR
Motion by Councilman O'Donnell
Seconded by Councilman Rocco
MOTES: ALL AYE ADOPTED
BE IT RESOLVED, the notice of resignation for retirement of
Pauline H. Parker as Town Clerk/Fax Collector, is hereby
accepted, with deep regret, to be effective May 1, 1999, and
shall be received and filed.
RESOLUTION #65 APPOINT KAREN SNYDER TOWN CLERK/TAX COLLECTOR
EFFECTIVE MAY 1, 1999
Motion by Councilman Testa.
Seconded by Councilman Pilato
VOTES: ALL AYE ADOPTED
i/,7HEREAS, a vacancy shall occur as Town Clerk/Fax Collector, due
to the retirement of Pauline H. Parker, therefore
BE IT RESOLVED, the Town Board does hereby appoint Karen Q.
Snyder, 799 Pheasant. Run, Cortland, 1,1'Y, as Town Clark/Tax
Collector, effective May 1, 1999, to December 31, 1999, the
remainder of the Town Clerk term.
Councilman Testa made a motion, seconded by Councilman
Pilato, to adjourn the regular meeting. All voting aye, the
motion was carried.
The meeting was adjourned at 5:35 p.m.
Res ectfully��%ubr fitted,
Pauline H. Parker, CMC
Town Clerk
Town of Cortlandville