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HomeMy WebLinkAbout12-06-2000DECEMBER 06, 2000 PUBLIC HEARING 7:00 P.M. LOCAL LAW - 2000 ZONE CHANGE REROB, LLC NYS ROU'FE 13 AND LIME HOLLOW RD. TAX. MAP #95.00-06-12.120 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 zone change application, amending the Zoning Law of the Town of Corilandville to reclassify and redesignate tax map parcel #95.00-06-12.120 located at the southwest corner of the intersection of Route 13 and Lime Hollow Road consisting of 2.47 acres from industrial to business. Members present: Absent: Supervisor, Raymond Thorpe Councilman, Ronal Rocco Councilman, Edwin O'Donnell Councilman, John Pilato Town Clerk, Karen Q. Snyder Councilman, Theodore Testa Others present were: Town Attorney, John Folmer; Highway Sup't., Carl Bush; Water & Sewer Sup't.. Peter Alteri; Code Enforcement Officer, Bruce Weber; ReRob LLC Attorney, Mike Shafer; Cortland. County Chamber of Commerce Executive Director, Thomas Gallagher; town resident, Richanna Patrick; and News Reporter, Chris Nolan. 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. Mike Shafer, Attorney for ReRob, LLC explained on behalf of the applicant the zone change is in conjunction with a Conditional and Aquifer Protection Permit applications. He stated the applicant would proceed with the zone change request regardless of the outcome of the other permit applications. Mr. Shafer also stated this zone change request is not spot zoning as it abuts properties already zoned commercial. This zone change would be a reduction in zoning from industrial to business. Mr. Shafer commented he is available to answer any questions. Code Enforcement Officer, Bruce Weber, explained the Town Planning Board has not made a decision on ReRob's other permit applications but has recommended approval of the zone change request. Supervisor Thorpe stated there is a concern with this Board in regards to the Aquifer. Attorney Folmer explained the rezone request is a separate issue from the Conditional and Aquifer Protection Permit applications. The determination of these applications are contingent on the Board's decision concerning the rezone request. The only consideration tonight should be the issue of the rezone request. Mr. Shafer stated they would not continue to the Aquifer request if the zone change were not approved. If the zone change is approved the Town Board will need to hear the entire plan concerning the Aquifer Protection Permit. The Board expressed no opposition to the zone change. Thomas Gallagher, Executive Director of Cortland County Chamber- of Commerce, commented the Chamber of Commerce is interested in growth and change in the area but is also sensitive to the Aquifer issue. The chamber has received several communications from companies interested in doing business in our area. �44�p DECEMBER 06, 2000 PUBLIC HEARING PAGE 2 Mr. Shafer concluded by explaining the need for a new state-of-the-art service station and the closing of the out -dated station at the intersection of McLean Road and Route 281. No further comments or discussions were heard. Councilman Rocco 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 7:15 p.m. 1 1 DECEMBER 6, 2000 7:15 P. M. 1317 1 1 L 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, Ronal Rocco Councilman, Edwin O'Donnell Councilman, John Pilato Town Clerk, Karen Q. Snyder Councilman, Theodore Testa Others present were: Town Attorney, John Folmer, Highway Sup't., Carl Bush; Water & Sewer Sup't. Peter Alteri; ReRob LLC Attorney, Mike Shafer, Cortland County Chamber of Commerce Executive Director, Thomas Gallagher; town resident, Richanna Patrick; and News Reporter, Chris Nolan. Supervisor Thorpe called the meeting to order following a Public Hearing for a Zone Change request submitted by ReRob, LLC. RESOLUTION #218 AUTHORIZE PAYMENT OF VOUCHERS - DECEMBER 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 f ollows: General Fund A Vouchers #645 - 689 $ 46,274.44 General Fund B 142 -148 $ 19,705.46 Highway Fund DB 432 - 454 $117,897.64 Water Fund 304 - 317 $ 28,264.48 Sewer Fund 178 - 189 $132,937.57 Supervisor Thorpe offer privilege of the floor to those in attendance. Councilman Rocco provided the Board with a petition of 50 signatures from residents opposed to a proposed fence to be erected around Cortland County Airport. He suggested Supervisor Thorpe draft a letter to County Legislator Chairman, Stephen Harrington recommending a Public. Hearing should be held for residents to express their opinion. Councilman Rocco explained the fence is to go around the perimeter of the airport with four strands of barbed wire at the top. Supervisor Thorpe questioned if the fence is to be gated and locked, how a late arriving plane would be accommodated. RESOLUTION #219 AUTHORIZE SUPERVISOR TO DRAFT A LETTER TO COUNTY LEGISLATURE STEPHEN HARRINGTON REGARDING THE PROPOSED INSTALLATION OF A FENCE AROUND COUNTY AIRPORT Motion by Councilman O'Donnell Seconded by Councilman Pilato VOTES: ALL AYE ADOPTED WHEREAS, Cortland County Legislature has proposed to install a fence surrounding the Cortland County Airport located on NYS Route 222, and 3 � � DECEMBER 06, 2000 TOWN BOARD MEETING PAGE 2 WHEREAS, a petition was presented to the Cortland County Legislature in opposition to said fence, therefore BE IT RESOLVED, the Board does hereby authorize and direct the Supervisor to draft a letter to Cortland County Legislator Stephen Harrington, suggesting a Public Hearing be held for residents to be heard regarding the proposed fence to be installed around the Cortland County Airport. Councilman O'Donnell apprised the Board that Councilman Rocco, Highway Sup't Carl Bush, and he went to the NYS Route 281 informational meeting held by the NYS DOT. The meeting consisted mainly of a discussion regarding the necessity for sidewalks. There was a question of a 5-foot. sidewalk. Representatives from the DOT stated they cannot prohibit pedestrians from walking, therefore sidewalks have to be provided to accommodate them. The State would maintain the sidewalks and roads if repairs were necessary but the municipality and property owners would be responsible to keep them clear of snow. RESOLUTION #220 DECLARE NEGATIVE IMPACT FOR ZONE CHANGE REQUEST FOR REROB, LLC FOR PROPERTY LOCATED AT THE INTERSECTION OF NYS ROUTE 13 AND LIME HOLLOW ROAD Motion by Councilman Rocco Seconded by Councilman Pilato VOTES: ALL AYE ADOPTED WHEREAS, a Zone Change request was submitted by ReRob, LLC for property located at the Southwest corner of the intersection of NYS Route 13 and Lime Hollow Road, tax leap #95.00-06-12.120, 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 Zone Change request, shall have no significant environmental impact. RESOLUTION #221 AUTHORIZE SUPERVISOR TO SIGN SEQRA APPLICATION FOR ZONE CHANGE REQUEST Motion by Councilman Rocco Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Supervisor is hereby authorized and directed to sign the SEQRA application relating to a Zone Change request, submitted by ReRob, LLC. RESOLUTION #222 ADOPT LOCAL LAW NO. 8 OF 2000 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 DECEMBER 06, 2000 TOWN BOARD MEETING PAGE 3 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 regarcd 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.8 — 2000, 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. 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(sl 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. Monthly reports for the Supervisor and Justice for October 2000 and the Justice and Town Clerk for November 2000, are on the table for review and filed in the Town Clerk's office. RESOLUTION #223 ACKNOWLEDGE NOTIFICATION FROM THE STATE FOR FILING OF LOCAL TAW NO S OF 2000 Motion by Councilman Rocco Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED, NYS Dept. of State acknowledged receipt of Local Law No. 5 of 2000, effective on November 17, 2000 to permit the conduct of Bingo in the Town of Cortlandville. RESOLUTION #224 ACKNOWLEDGE NOTIFICATION FROM THE STATE FOR FILING OF LOCAL LAW NO 7 OF 2000 Motion by Councilman Rocco Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED, NYS Dept. of State acknowledged receipt of Local Law No. 7 of 2000, to be effective on November 13, 2000 regarding the publishing of Aquifer Protection Permit notification. S 6 DECEMBER 06, 2000 TOWN BOARD MEETING PAGE 4 Town Clerk Karen Snyder stated progress with the Bingo Law is going well. She apprised the Board she has spoken with the State Racing and Wagering Board and is awaiting f or the town's municipal code number. RESOLUTION #225 ACKNOWLEDGE RECEIVING THE OPINION AND ORDER OF THE YELLOW LANTERN KAMPGROUND Motion by Councilman O'Donnell Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED RESOLVED, the Town Board does hereby acknowledge, by receiving and filing the Opinion and Order of the Supreme Court -Appellate Division regarding the Yellow Lantern Kampground against the Town of Cortlandville and Suit-Kote Corporation. Attorney Folmer reported: Yellow Lantern Appellate decision: Attorney Folmer apprised the Board the Appellate Division has annulled the town's actions relating to the rezoning and Aquifer Protection Permit of Suit-Kote's property on Route 13. The town has not been ordered to take any action. The court did award a "Bill of Costs" against Suit-Kote but not against the town. Attorney Folmer feels the Appellate's decision was incorrect due to "legal presumption of validity" was never taken into consideration. Also, the Court made a determination of fact overlooking the determinations performed by the Town and County Planning Boards and Town Board in reviewing the issues raised. Page three of the SEQRA process was not completed but procedural mistakes could have been corrected. Attorney Folmer went on to explain appeal procedures. Attorney Folmer requested an Executive Session for direction in this matter and another pending litigation. Attorney Folmer asked for clarification concerning barbed wire fence discussed at the last meeting. Supervisor Thorpe explained the example of a barbed wire fence ordinance was discussed and no action was necessary at this time. Water and Sewer Municipal Building: Attorney Folmer explained the necessity of approving the Bonding Resolution for the Water and Seaver Municipal building in order to have the Bond in place for construction in the spring. RESOLUTION #226 DECLARE NEGATIVE I_MPACT FOR MUNICIPAL BUILDING TO BE LOCATED ON TERRACE ROAD Motion by Councilman Rocco Seconded by Councilman Pilato VOTES: ALL AYE ADOPTED WHEREAS, a request was received for construction of a new Municipal Building to be located at Terrace Road tax map #96.09-02-03.000, 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 Municipal Building, shall have no significant environmental impact. DECEMBER 06, 2000 TOWN BOARD MEETING PAGE 5 RESOLUTION #227 AUTHORIZE SUPERVISOR TO SIGN SEQRA APPLICATION FOR A NEW MUNICIPAL BUILDING Motion by Councilman Rocco 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 a new Municipal Building, submitted by Cortlandville's Water and Sewer Department. RESOLUTION #228 BOND RESOLUTION OF THE TOWN OF CORTLANDVILLE, NEW YORK, ADOPTED DECEMBER 6, 2000 AUTHORIZING THE CONSTRUCTION OF A TOWN BUILDING, STATING THE ESTIMATED TOTAL COST THEREOF IS $500,000, APPROPRIATING SAID AMOUNT THEREFOR, AND AUTHORIZING THE ISSUANCE OF $500,000 BONDS OF SAID TOWN TO FINANCE SAID APPROPRIATION SUBJECT TO PERMISSIVE REFERENDUM Motion by Councilman Rocco Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board of the Town of Cortlandville, in the County of Cortland, New York, hereby resolves (by the favorable vote of not less than two -thuds of all the members of said Town Board) as follows: Section 1. The Town of Cortlandville, in the County of Cortland, New York (herein called the "Town"), is hereby authorized to construct a building for municipal purposes, including grading and improvement of the construction site, original furnishings, equipment, machinery and apparatus therefor and all ancillary work thereto. The estimated total cost thereof, including preliminary costs and costs incidental thereto and the financing thereof, is $500,000 and said amount is hereby appropriated therefor. The plan of financing includes the issuance of $500,000 bonds of the Town to finance said appropriation, and the levy and collection of taxes on all the taxable real property in the Town to pay the principal of said bonds and the interest thereon as the same shall become due and payable. Section 2. Bonds of the Town in the principal amount of $500,000 are hereby authorized to be issued pursuant to the provisions of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (referred to herein as the "Law"), to finance said appropriation. Section 3. The following additional matters are hereby determined and declared: (a) The building to be constructed is of Class "A" construction as defined by Section 11.00 a. 11. (a) of the Law, and the period of probable usefulness applicable to the objector purpose for which said bonds are authorized to be issued, within the limitations of Section 11.00 (a) of the Law, is thirty (30) years. (b) The proceeds of the bonds herein authorized and any bond anticipation notes issued in anticipation of said bonds may be applied to reimburse the Town for expenditures made after the effective date of this resolution for the purpose for which said bonds are authorized. The foregoing statement of intent with respect. to reimbursement is made in conformity with Treasury Regulation Section 1.150-2 of the United States Treasury Department. (c) The proposed maturity of the bonds authorized by this resolution will exceed five years. DECEMBER 06, 2000 TOWN BOARD MEETING PAGE 6 Section 4. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds shall contain the recital of validity as prescribed by Section 52.00 of the Law and said bonds and any notes issued in anticipation of said bonds shall be general obligations of the Town, payable as to both principal and interest by general tax upon all the taxable real property within the Town without. limitation as to rate or amount. The faith and credit of the Town are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and any notes issued in anticipation of the sale of said bonds and provision shall be made annually in the budget of the Town by appropriation for (a) the amortization and redemption of the bonds and any notes in anticipation thereof to mature in such year and (b) the payment of interest to be due and payable in such year. Section 5. Subject to the provisions of this resolution and of the Law and pursuant to the provisions of Section 21.00 relative to the authorization of the issuance of bonds with substantially level or declining annual debt service, Section 30.00 relative to the authorization of the issuance of bond anticipation notes and Section 50.00 and Sections 56.00 to 60.00 and 165.00 of the Law, the powers and duties of the Town Board relative to authorizing bond anticipation notes and prescribing the terms, form and contents and as to the sale and issuance of the bonds herein authorized, and of any bond anticipation notes issued in anticipation of said bonds, and the renewals of said bond anticipation notes, and relative to executing contracts for credit enhancements and providing for substantially level or declining annual debt service, are hereby delegated to the Supervisor, the chief fiscal officer of the Town. Section 6. The validity of the bonds authorized by this resolution, and of any notes issued in anticipation of the sale of said bonds, may be contested only if: (a) such obligations are authorized for an object or purpose for which the Town is not authorized to expand money, or (b) the provisions of law which should be complied with at the date of the publication of such resolutions, or a summary thereof, are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or (c) such obligations are authorized in violation of the provisions of the constitution. Section 7. This bond resolution is subjectto a permissive referendum. Attorney Folmer continued: McDermott Subdivision — Water Booster Station: Attorney Folmer referred to a letter thathe sent to Tim Buhl of Resource Associates concerning the time limit placed on work William McDermott was to accomplish on the water booster station. Originally the station was to be finished by December 1, 2000. Attorney Folmer will request Mr. Buhl be present at the December 2W1 Town Board meeting to discuss this issue. He will also forward a copy of this request to Mr. McDermott. Pall Trinity Micro Water Bill: Attorney Folmer has information regarding PTM's water bill but would prefer to discuss this issue after Les Sandman, PTM's CEO, returns from vacation. Relocation of Blue Creek Road.: Attorney Folmer stated in order to square the intersection of Blue Creek Road with Fisher Ave., Blue Creek Road would need to be relocated. He apprised the Board one of the parcels of land to be purchased in this relocation is owned by P&T Associates. As Councilman Testa is a member of that partnership, judicial approval is needed for the Board to accomplish the purchase of the parcel. The proposed purchase offer is for $35,000, the lower of two appraisals. Once the Supervisor signs the proposed purchase offer, Attorney Folmer will present it to Judge Rumsey for approval. 1 1 1 DECEMBER 06, 2000 TOWN BOARD MEETING PAGE 7 RESOLUTION #229 AUTHORIZE SUPERVISOR TO SIGN PURCHASE OFFER FOR THE RE -LOCATION OF BLUE CREEK ROAD Motion by Councilman Pilato Seconded by Councihman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Board does hereby authorize and direct the Supervisor to sign a purchase offer of property currently owned by P&T Associates tax map #76.15-01-09.000 located on the corner of Blue Creep Road and Route 281 in the amount of $35,000, and it is further RESOLVED, the purpose of the purchase is to relocate Blue Creek Road, which is a town road. Councilman Rocco made a motion seconded by Councilman O'Donnell, to receive and file correspondence from Town Attorney Folmer to Tim Buhl of Resource Associates. All voting aye, the motion was carried. The correspondence was in regards to the William McDermott Subdivision -Water Booster Station. RESOLUTION #230 AUTHORIZATION TO PARTICIPATE IN "HOLIDAY ON ICE" PROGR,04 WITH CORTLAND YOUTH BUREAU FOR THE 2000 HOLIDAY SEASON Motion by Councilman Rocco Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED WHEREAS, a request was received from the Cortland Youth Bureau, asking the Town to participate again this year in the Cortland "Holiday on Ice" Program, therefore BE IT RESOLVED, the Town Board does hereby desire participation in the "Holiday On Ice" Program for the 2000 Holiday Season and does hereby authorize paying the suggested amount of $275.00 to accomplish the program. Councilman Rocco made a motion, seconded by Councilman Pilato, to receive and file the Cortland County Planning Board recommendations for an Aquifer Protection Permit request submitted by Century Group I, LLC. All voting aye, the motion was carried. RESOLUTION #231 SCHEDULE A PUBLIC HEARING FOR AN AQUIFER PROTECTION PERMIT APPLICATION OF CENTURY GROUP I, LLC FOR PROPERTY LOCATED ON NYS ROUTE 13 AT CORTLANDVILLE CROSSING Motion by Councilman O'Donnell Seconded by Councilman Pilato VOTES: ALL AYE ADOPTED BE IT RESOLVED, a Public Hearing shall be scheduled for December 20, 2000 at 5:00 p.m. for an Aquifer Protection Permit application submitted by Century Group I, LLC for property located on NYS Route 13 at. Cortlandville Crossing tax map #95.20-01-03.111. Councilman Rocco made a motion, seconded by Councilman Pilato, to receive and file the Cortland County Planning Board and Departments recormmendations for a zone change request submitted by Daniel F. McNeil. All voting aye, the motion was carried. DECEMBER 06, 2000 TOWN BOARD MEETING PAGE 8 RESOLUTION #232 SCHEDULE A PUBLIC HEARING FOR A ZONE CHANGE REQUEST SUBMITTED BY DANIEL F. MCNEIL FOR DECEMBER 20 2000 Motion by Councilman O'Donnell Seconded by Councilman Pilato VOTES: ALL AYE ADOPTED BE IT RESOLVED, a Public Hearing shall be scheduled for December 20, 2000 at 5:00 p.m. for the Zone Change request submitted by Daniel F. McNeil tax map # 86.09-01- 38.000. Attorney Folmer requested the delinquent Water and Sewer accounts to be relevied onto the Town's 2001 tax roll be tabled due a question with one business's water bill account.. A discussion was held concerning the time limit to forward delinquent water and sewer accounts 1.0 the County Real Property Tax Office f or relevy. RESOLUTION #233 TABLE AUTHORIZATION TO RELEVY DELINQUENT WATER AND SEWER ACCOUNTS TO THE 2001 TAX ROLL OF THE TOWN Motion by Councilman Rocco Seconded by Councilman Pilato VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby table the authorization to 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 2001 tax roll of the Town. A discussion was held concerning awarding the Town Hall Cleaning Service coirtract for the year 2001. It was decided to table any action, Supervisor Thorpe apprised the Board of an increase with the Federal Internal Revenue Service has set the optional standard mileage deduction at 34.5 cents a mile for 2001. He recommended the town increase their deduction from 31 cents to remain current with the federal deduction. RESOLUTION #234 ESTABLISH MILEAGE RATE FOR PERSONAL VEHICLES USED FOR TOWN BUSINESS FOR THE YEAR 2001 Motion by Councilman Rocco Seconded by Councilman Pilato VOTES: ALL AYE ADOPTED BE IT RESOLVED, the mileage rate to be paid by the town, for personal vehicles used for town business, is hereby established at thirty four and a half cents ($.34 %) per mile for the year 2001, subject to audit by the Town Board, effective January 1, 2001. Councilman Rocco made a motion, seconded by Councilman O'Donnell, to recess the Regular Meeting to an Executive Session regarding a personnel matter and pending litigation. All voting aye, the motion was carried. The meeting was recessed at 7:55 p.m. The following information was received from the Supervisor's office. Councilman Pilato made a motion, seconded by Councilman Rocco, to adjourn the Executive Session and reconvene to the Regular Meeting. All voting aye, the motion was carried. LJ DECEMBER 06,2000 TOWN BOARD MEETING PAGE 9 RESOLUTION #235 DECLARE NEGATIVE IMPACT FOR CRESTWOOD COURT(GROTON AVENUENYS ROUTE 281 SEWER IMPROVEMENT PROJECT AND AUTHORIZE SUPERVISOR TO SIGN SEQRA Motion by Councilman O'Donnell Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED WHEREAS, an order was presented for adoption of Crestwood Court/Groton Avenue/NYS Route 281 Sewer Improvement Project, 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 Crestwood Court/ Groton Avenue/NYS Route 281 Sewer Improvement Project shall have no significant environmental impact, and it is further RESOLVED, the Supervisor is hereby authorized and directed to sign the SEQRA form for said project. RESOLUTION #236 ADOPT THE ORDER "CRESTWOOD COURT/GROTON AVENUENYS ROUTE 281 SEWER IMPROVEMENT PROJECT" PURSUANT TO TOWN LAW ARTICLE 12-C AND SET DATE FOR A PUBLIC HEARING ON JANUARY 17,2001 Motion by Councilman Rocco Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED WHEREAS, the Town Board of the Town of Cortlandville (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 Crestwood Court, Groton Avenue and New York State Route 281 in the Town, consisting of the construction of a new sewage flow metering station, installation of approximately 1,152 feet of 8-inch collector line along Crestwood Court, installation of approximately 1,142 feet of 8-inch sewer main along New York State Route 281, and the replacement of sewer laterals, in accordance with said plans now on file in the Office of the Town Clerk of the Town of Cortlandville (the "Sewer Improvement"), including buildings, land or rights X: in land, original furnishings, equipment, machinery and apparatus required therefor, 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, the Sewer Improvement will benefit the entire Benefitted Area (the "Benefitted Area"), said area having been designated as the benefitted area pursuant to Town Law: and WHEREAS, the Benefitted Area is more particularly bounded and described as follows: All lots or parcels of the Town of Cortlandville outside of the Villages, capable of being serviced by the "Sewer Article 12-C" Sewer Improvements heretofore and hereafter provided, are lots or parcels Benefitted by the proposed sewer improvements. WHEREAS, the Town Board has given due consideration to the impact that the Sewer 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 Sewer Improvement; and DECEMBER 06, 2000 TOWN BOARD MEETING PAGE 10 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 State Environmental Quality Review Act, comprising Article S 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, [lie maximum amount proposed to be expended for the construction of such Sewer Improvement is estimated to be $216,000, 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 Benefitted Area which the Town Board shall determine to be especially benefitted by said Sewer Improvement, so much upon and from each as shall be in just proportion to the amount of benefit which the Sewer Improvement shall confer upon the same, to pay the principal and intereston said bonds as the same shall become due and payable; NOW, THEREFORE, BE IT ORDERED, that the Town Board of the Town of Cordandville meet and hold a public hearing at the Town Hall on the 17th day of January, 2001 at 5:00 p.m. (Prevailing Time) to consider the construction , of such Sewer Improvement, at which place and time all persons interested in the subject thereof may be heard concerning the same, and for such other action on the part of the Totivn 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 Clerk, 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 twenty (20) days before the day designated herein for said public hearing as aforesaid. RESOLUTION #237 DECLARE NEGATIVE IMPACT FOR PAGE GREEN ROAD SEWER IMPROVEMENT PROJECT AND AUTHORIZE SUPERVISOR TO SIGN SEQRA Motion by Councilman O'Donnell Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED WHEREAS, an order was presented for adoption of Page Green Road Sewer Improvement Project, 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 Page Green Road Sewer Improvement Project shall have no significant environmental impact, and it is further RESOLVED, the Supervisor is hereby authorized and directed to sign the SEQRA form for said project. DECEMBER 06, 2000 TOWN BOARD MEETING PAGE 11 RESOLUTION #238 ADOPT THE ORDER "PAGE GREEN ROAD SEWER IMPROVEMENT PROJECT" PURSUANT TO ARTICLE 12-C OF THE TOWN LAW AND SET DATE FOR A PUBLIC HEARING ON JANUARY 17, 2001 Motion by Councilman .Rocco Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED WHEREAS, the Town Board of the Town of Cortlandville (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 neap for the proposed construction of improvements on and around Page Green Road in the Town, consisting of the installation of approximately 1,600 feet of 8-inch sewer main near the intersection of Page Green Road and Saunders Road, in accordance with said plans now on file in the Office of the Town Clerk of the Town of Cortlandville (the "Sewer Improvement"), including buildings, land or rights in land, original furnishings, equipment, machinery and apparatus required therefor, 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, the Sewer Improvement will benefit the entire Benefitted Area (the "Benefitted Area"), said area having been designated as the benefitted area pursuant to the Town Law; and WHEREAS, the Benefitted Area is more particularly bounded and described as follows: All lots or parcels of the Town of Cortlandville outside of the Villages, capable of being serviced by the "Sewer Article 12-C" Sewer Improvements heretofore and hereafter provided, are lots or parcels benefitted by the proposed sewer improvements. WHEREAS, the Town Board has given due consideration to the impact that the Sewer 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 Sewer 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 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 Sewer Improvement. is estimated to be $150,000, 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 Benefitted Area which the Town Board shall determine to be especially benefitted by said Sever Improvement, so much upon and from each as shall be in just proportion to the amount of benefit which the Sewer Improvement shall confer upon the same, to pay the principal and interest on said bonds as the same shall become due and payable; 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 the 17th day of January, 2001 at 5:00 p.m. (Prevailing Time) to consider the construction of such Sewer Improvement, at which place and time all persons interested in the subject thereof may be heard concerning the same, and for such other action on the part of the Town Board with relation thereto as may be required by law: and be it 13-s- �r DECEMBER 06, 2000 TOWN BOARD MEETING PAGE 12 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 Clerk, 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 twenty (20) days before the day designated herein for said public hearing as aforesaid. 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 8:32 p.m. Respe tfully submitted, Karen Q. Snyder Town Clerk Town of Corllandville 1 1