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Home My WebLink About09-02-1992281 Wednesday, September 2, 1992 7:00 P.M. TOWN BOARD MEETING The Regular Meeting of the Town Board of the Town of Cortlandville was held at 7:00 p.m. at the Town Hall, 15 Terrace Road, Cortland, New York with Supervisor, Raymond Thorpe presiding. Members present: Supervisor, Raymond Thorpe Councilman, Theodore Testa Councilman, Edwin O'Donnell Councilman, Donald Beard Town Clerk, Pauline Parker Others present were: Town Attorney, Phillip Rumsey, and Newsreporter, Jon Blackwell. Councilman O'Donnell made a motion, seconded by Councilman Beard, to approve, as written, the Town Board Minutes of June 03, and June 17, 1992. All voting aye, the motion was carried. RESOLUTION #165 AUTHORIZE PAYMENT OF VOUCHERS - SEPTEMBER Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, that the vouchers submitted have been audited and shall be paid as follows: General Fund A Vouchers #328-336 $ 4,321.20 General Fund B 84- 87 4,156.53 Highway Fund 274-291 4,704.60 Water Fund 168-172 6,792.09 Sewer Fund 91- 93 4,633.70 Capital Projects 56- 61 132,766.96 The reports of various departments are on the table for review, or available on request, in the Town Clerk's office. RESOLUTION #166 ACCEPT NOTIFICATION FROM NYS D.E.C. AS THE LEAD AGENCY FOR THE PROJECT OF ENVIROSOUND RECOVERY INC. ON ROUTE 11 SO. IN POLKVILLE Motion by Councilman Beard Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED, that the Environmental Conservation that they will accept the Thermal Processing Unit Contaminated soil to be Cortlandville, on the west intersection of NYS Route 81, and further New York State Department of has notified this Town Board "Lead Agency" status for the for treated Petroleum - located in the Town of side of US Route 11, near the 41 and exit 10 of Interstate RESOLVED, they have determined the project, as proposed, may have a significant effect on the environment, and that an environmental impact statement shall be required in accordance with SEQRA, and further RESOLVED, the notification shall be received and filed. "2 8 ; SEPTEMBER 2, 1992 PAGE 2 Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and file a letter from Mr. Jeffrey H. Ten Eyck of the Cortland County Soil and Water Conservation District. All voting aye, the motion was carried. The letter advised the Town Planning Board have requested evaluation and comments for proposed subdivisions relating to Stormwater Management. Upon the request of Supervisor Thorpe, he included a sample copy of a Stormwater Management and Erosion Control Ordinance for the Town Board to review. Councilman Testa requested the Supervisor to check about the status of information that was promised to the Town Board in regards to the water situation in South Cortland. Supervisor Thorpe advised the Board members of a serious automobile accident that occurred today at the intersection of Luker Road and Route 281. Telephone calls will be received from concerned citizens. A discussion was held concerning the many attempts this Board has made to have a red light installed at that location. To date, NYS D.O.T. has not agreed. RESOLUTION #167 ACKNOWLEDGE DENIAL FROM NYS DOT TO REDUCE THE SPEED LIMIT ON SEARS ROAD Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE ADOPTED WHEREAS, the Town Board was petitioned by area residents to have the speed limit reduced on the Sears Road in the Town and the request was forwarded to the NYS DOT for approval, therefore BE IT RESOLVED, that the Town Board does hereby acknowledged the denial from NYS Dept. of Transportation to reduce the speed limit on Sears Road, and further RESOLVED, that the notice shall be received and filed. Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and file a notice from Salvatore Ferro, President of the Terrace Restaurant located on Rt.281, that they have requested the renewal of their liquor license. All voting aye, the motion was carried. Councilman Testa made a motion, seconded by Councilman O'Donnell, to receive and file a notice received from Milton J. Becker, owner of 281 Bowl, located on Rt. 281, that they have requested the renewal of their liquor license. All voting aye, the motion was carried. Councilman O'Donnell made a motion, seconded by Councilman Beard, to receive and file a Memorandum of Understanding Between the Department of Environmental Conservation of the State of New York and the Town of Cortlandville.All voting ave, the motion was carried. The memorandum is in regards to protection of the water resources of certain classified waters in New York State. 28 SEPTEMBER 2, 1992 PAGE 3 RESOLUTION #168 SET DATE FOR A PUBLIC HEARING FOR LOCAL LAW NO. 2 OF 1992 - EARLY RETIREMENT INCENTIVE PROGRAM OFFERED BY NY STATE Motion by Councilman O'Donnell Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED WHEREAS, the State of New York is offering an early retirement incentive program to local governments, including towns under Chapter 643 of the Laws of 1992, and WHEREAS, any Town wishing to participate must adopt a local law, to accomplish, and WHEREAS, there is only one employee of the Town eligible, therefore BE IT RESOLVED, that a Public Hearing shall beheld on September 16, 1992 at 5:30 p.m. for the purpose of adopting Local Law No. 2 of 1992 Supervisor Thorpe received a phone call from a Town resident concerning off track betting. The resident wanted the Town Board to take a stand against the off track betting issue. Even though he explained that the Town Board has nothing to do with this, and attempted to refer her to her County Legislator, she requested that it be mentioned. No action was taken. RESOLUTION #169 AUTHORIZE TOWN CLERK AND EDNA PUZO TO ATTEND A NOTARY SEMINAR IN ITHACA OCTOBER 27 1992 Motion by Councilman Beard Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED, that authorization be granted to the Town Clerk and Edna Puzo to attend a notary seminar in Ithaca, New York on October 27, 1992, and further RESOLVED, that the expenses incurred by same, be reimbursed, subject to audit by the Town Board. RESOLUTION #170 AUTHORIZE BUDGET TRANSFER Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, that the Budget Officer is hereby authorized to transfer $397.63 from General Fund B account B7310.4, Youth Programs, to General Fund B account # B7140.4, Recreation Center. 284 SEPTEMBER 2, 1992 PAGE 4 RESOLUTION #171 DECLARE NEGATIVE IMPACT - SEQRA - FOR EMINENT DOMAIN PROCEDURES FOR WATER AND SEWER LINES ON ROUTE 281 Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE ADOPTED WHEREAS, the Town Board has reviewed the Short Environmental Assessment form for the project, with eminent domain for easements - West Road - Phase 1, therefore BE IT RESOLVED, that the Town Board does hereby declare that such eminent domain procedures will not result in any significant adverse environmental impact, and, RESOLVED, the Supervisor is hereby authorized to sign the short environmental assessment form in order to proceed with the eminent domain procedure for installing water and sewer lines on Route 281. Wet Road - Phase 1 projects. RESOLUTION #172 AUTHORIZING ACQUISITION OF PROPERTY FOR WATER AND SEWER EASEMENTS Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE ADOPTED WHEREAS, the West Road Sanitary Water and Sewer Projects -Phase I for 1992 have heretofore been determined by this board to be necessary and in the best interest of the public, and WHEREAS, a permanent easement 250 feet by 15 feet being a parcel of land adjacent to and along N.Y.S. Route 281 reputedly owned by Richard H. Osborne as a portion of 4.37+ acres and shown on a survey map dated May 21, 1992, revised August 7, 1992 by James P. McNamara, P.L.S. 49355, and an adjacent temporary easement 50 feet by 60 feet are required for said projects, and WHEREAS, it appears necessary to commence eminent domain procedures to acquire said permanent and temporary easements, and WHEREAS, a Short Environmental Assessment Form has been prepared by this Board determining that such eminent domain procedures will not result in any significant adverse environmental impacts, and WHEREAS, an approved appraisal of just compensation for the acquisition of said easements by the Town of Cortlandville made by Alexander B. Dorman, dated August 14, 1992 has been obtained by the Town, and WHEREAS, the public interests will be prejudiced by delay, and NOW, THEREFORE BE IT RESOLVED, that the acquisition of said easements located along N.Y.S. Route 281 on property of Richard H. Osborne is de minimis in nature so that the public interest will not be prejudiced by the construction of the project, and be it 2185 SEPTEMBER 2, 1992 PAGE 5 FURTHER RESOLVED, that the Town Attorney is hereby authorized pursuant to the Eminent Domain Procedure Law, to make formal offer, based on the above referenced appraisal, to Richard H. Osborne to acquire the necessary permanent and temporary easements, and be it FURTHER RESOLVED, that the Town Attorney is hereby authorized to institute all necessary proceedings, pursuant 'to the Eminent Domain Procedure Law, to acquire said easements, including but not limited to obtaining court permission to enter immediately upon the real property to be taken, and devote it temporarily to the public use of construction of the said water and sewer projects. Councilman O'Donnell made a motion, seconded by Councilman Testa, to adjourn the Regular meeting. All voting aye, the motion was carried. The meeting was adjourned at 7:30 p.m. RespectfullySubmitted, jf I f Pauline H. Parker, CMC Town Clerk Town of Cortlandville F1 1