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Home My WebLink About01-06-19931 1 Wednesday, January 06, 1993 PUBLIC HEARING STUPKE ROAD WATER IMPROVEMENTS 7:00 P.M. A Public hearing was held by the Town Board of the Town of Cortlandville on January 06, 1993 at 7:00 o'clock p.m. at the Town Hall, 15 Terrace Road, Cortland, New York for the Stupke Road Water Improvement Project. Members present: Supervisor, Raymond Thorpe Councilman, Edwin O'Donnell Councilman, Theodore Testa Councilman, Ronal Rocco Town Clerk, Pauline Parker Others present were: Town Attorney, Phillip Rumsey; Highway Superintendent, Carl Bush; and newsreporter, Jon Blackwell. Supervisor Thorpe call the Public Hearing to order at 7:00 p.m. The Town Clerk read aloud the legal notice, as posted and filed. Supervisor Thorpe offered those in attendance privilege of the floor. No comments or questions were heard. A motion was made by Councilman Testa, seconded by Councilman O'Donnell to adjourn the Public Hearing. All voting aye, the motion was carried. The Public Hearing was adjourned at 7:05 p.m. 0 Wednesday, January, 06, 1993 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, Edwin O'Donnell Councilman, Theodore Testa Councilman, Ronal Rocco Town Clerk, Pauline Parker Others present were: Town Attorney, Phillip Rumsey; Highway Superintendent, Carl Bush; and newsreporter, Jon Blackwell. The Meeting was called to order by Supervisor Thorpe following a Public Hearing concerning the Stupke Road Water Improvement Project. Supervisor Thorpe owner of TLC Ambulance Supervisor Thorpe contract for ambulance asked for questions attendance. Mr. Butler stated responded to 359 calls those calls, 56 were no not transported, it bill. introduced Mr. Service. explained the service within and comments David Butler, history of the the Town, and from those in that in the last year TLC has in the Town of Cortlandville. Of transports. When a person is is very difficult to collect the The current ambulance service also go to the scene when the fireman are called for an all -hands fire. They are required to provide service, at the location, of any large event with a possible gathering of 5,000 people. Because of the current contract, this is done at no charge. If the contract were not continued, charges will be sent to the Town for these occasions as they are required by State Law. A fee increase, per patient, for an ambulance call would also occur for Town residents. The City of Cortland, for 'their own reasons, have chosen not to renew the contract. Councilman Rocco stated that he feels that an ambulance service should be charged to the individual who uses the service and should not be subsidized. A discussion followed whereby it was the consensus of the Town Board that the information received would be reviewed before a determination be made. Councilman Rocco made a motion, seconded by Councilman Testa, to approve, as written, the Town Board Minutes of November 18, 1992. All voting aye, the motion was carried. Councilman Rocco made a motion, seconded by Councilman Testa, to receive and file the Town Planning Board Minutes of September 29th and October 27th of 1992. All voting aye, the motion was carried. 11 1 1 3 JANUARY 6, 1993 PAGE 2 RESOLUTION #01 AUTHORIZE PAYMENT OF VOUCHERS FINAL PAYMENTS OF 1992 Motion by Councilman Rocco Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED, that the vouchers submitted have been audited and shall be paid as follows to finalize payments for 1992: General Fund A Vouchers# 494 - 518 $15,639.37 General Fund B 116 - 119 $ 6,450.96 Highway Fund 449 - 473 $16,215.90 Water Fund 243 - 246 $ 3,020.57 Sewer Fund 128 - 131 $ 2,752.07 Capital Projects 104 - 108 $58,338.41 Councilman O'Donnell was given privilege of the floor. He reported that he has attended meetings concerning our water supply and further testing of water in relation to the Smith Corona contamination. They are continuing to monitor the test wells. He reported that he also attended a meeting in which County Health Director, Jim Feuss, discussed the problems of radon in the area. They have received a grant and are doing studies in the county and hope to have a map created by midsummer to identify the problem areas. He discussed this matter, with our Code Officer and he confirmed that new construction is the prime concern, because they are airtight. Copies of comments of Code Officer distributed. He reported that he plans to attend a meeting soon regarding storm water management and erosion sediment, put on by the Soil & water Conservation District. Councilman O'Donnell discussed his concerns relating to the Fire Commissioners Budget. We need to make sure they accept their responsibility for advising the public of their budget and actions. The Fire Commissioners meetings should be announced to the public. A Newsreporter should also attend and report. A discussion followed whereby the Supervisor stated that he will write to them with our concerns and request a copy of their minutes of their monthly meetings. RESOLUTION #02 AUTHORIZE NOTICE OF TOWN MEETINGS TO BE PUBLISHED AS A LEGAL NOTICE Motion by Councilman Testa Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED, that the Town Clerk is hereby authorized and directed to request the notice sent to the official newspaper of the Town advising of the meetings of the Town Board be done in Legal Notice Form. The reports of various departments are on the table for review, or available upon request, in the Town Clerk's office. JANUARY 6, 1992 PAGE 3 Councilman Rocco made a motion, seconded by Councilman O'Donnell, to receive and file a letter addressed to Robert Payne, Chairman of the Cortlandville Fire Commissioners from Village of Homer Mayor, Mary Alice Bellardini. All voting aye, the motion was carried. The letter advised the Fire Commissioners that all fire service outlined in the 1991 fire contract shall cease, effective December 31, 1992 at 12 midnight. Councilman Rocco made a motion, seconded by Councilman Testa, to receive and file a letter addressed to Supervisor Thorpe, from Mr David Compagni of F.G. Compagni Construction Co., Inc.. All voting aye, the motion was carried. The letter was their response relating to the Lamont Circle and Route 281 Water and Sewer Projects. Councilman O'Donnell made a motion, seconded by Councilman Rocco, to receive and file the 1993 Agreement with Cortland Free Library. All voting aye, the motion was carried. Councilman O'Donnell made a motion, seconded by Councilman Rocco, to receive and file the 1993 Agreement with Lamont Memorial Library. All voting aye, the motion was carried. Councilman O'Donnell made a motion, seconded by Councilman Rocco, to receive and file a copy of a letter addressed to Supervisor Thorpe from Mr Dennis Horner, Assistant Public Health Engineer of the Cortland County Health Department. All voting aye, the motion was carried. The letter is the Annual Water Supply Inspection Report for the Town. All voting aye, the motion was carried. A discussion was held concerning the report and the recommendations. Carl Bush reported that businesses currently have a cross connection control program. Looping of dead ends is an ongoing problem. Extension of lines has sometimes corrected it. No action was taken. RESOLUTION #03 ADOPT RESOLUTION PURSUANT TO TOWN LAW SECTION 209-q (6) (c) STUPKE ROAD WATER IMPROVEMENT Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE ADOPTED WHEREAS, there was filed in the Office of the Town Clerk of the Town of Cortlandville, Cortland County, New York, general plans relating to the construction of a water improvement for the Cortlandville area of Stupke Road and designated "Stupke Road Water Improvement", as required by Section 209-q and 209-c of the Town Law, and a short Environmental Quality Review Act, and are available for public inspection, and I- I 1 WHEREAS, an Order was duly adopted by the Town Board on December 16, 1992 reciting and filing of said general plans, the improvements proposed, and the estimated JANUARY 6, 1993 PAGE 4 expense thereof and specifying January 6, 1993 at 7:00 o'clock p.m. as the time and the said Town Hall in the said Town of Cortlandville as the place where the said Board would meet to consider the documents filed as aforesaid and to hear all persons interested in the subject thereof, concerning the same, and WHEREAS, such Order was duly posted and published as required by law, and WHEREAS, a hearing in the matter was duly held by the Board on the 6th day of January, 1993. commencing at 7:00 p.m. at the Town Hall in the said Town and discussion upon the matter having been had and all persons desiring to be heard having been duly heard including members of the Board and various other persons, and NOW, upon the evidence given upon such hearing and upon the motion of Edwin O'Donnell, Councilman, seconded by Theodore Testa, Councilman, and unanimously passed, it is RESOLVED AND DETERMINED, that the plans heretofore filed with the Town Clerk of the Town of Cortlandville are in compliance with Section 209-c of the Town Law of the State of New York and are otherwise sufficient, and that to establish the aforesaid water improvement is in the public interest, and it is further RESOLVED AND DETERMINED, all costs, including the principal and interest on said bonds or other obligations authorized to be issued shall be borne by the lands benefited by such improvement and such costs shall be assessed, levied and collected from the several lots or parcels of land within said Town of Cortlandville in just proportion to the amount of benefit which the improvement shall confer upon such lots or parcels; it is further hereby determined that all lots or parcels in the Town of Cortlandville outside of Villages, capable of being serviced by the "Article 12-C" Water Improvements heretofore and hereafter provided, are lots or parcels benefited by the proposed water improvement; and the cost of said project and all previous improvements shall be spread upon and over the enlarged benefited area, all of such improvements constituting one water system, such system being described by and including the areas set forth in the "West Road Water Improvements" Resolution adopted by this Board on July 1, 1992 and the following parcels designated on the 1992 Cortland County Real Property Tax Maps as Cortlandville tax parcels: Tax Map 95.15-01: Parcels: 04, 05, 06, 12, 13, 14.1 and 14.2 Tax Map 95.15-02: Parcels: 01, 02, 03, 04, 5.111, 5.112, 5.12, and 5.2. Tax Map 95.15-03: Parcels: 07, 08, 13, 14, 15, 23 and 24. RESOLVED AND DETERMINED, that the construction of a water improvement as . proposed in said plans be authorized pursuant to Section 209-q (6) (c) of the Town Law; that the improvement therein mentioned be constructed and the service therein mentioned be provided for upon the required funds being made available or provided for; and that such improvement TA5i� 9eAesjgaa�tdignju�ERLgp as the "Stupke Road Water lJ JANUARY 6, 1993 PAGE 5 RESOLVED AND DETERMINED, that the proposed improvement, including costs of land acquisition, rights of .way, construction costs, legal fees, engineering and consultant fees, and all other expenses approximate to be a maximum of $155,000.00 shall be financed by the issuance of bonds by the Town of Cortlandville for a maximum term of forty years at prevailing interest, and it is further RESOLVED AND DETERMINED, that the costs of management, maintenance, operation and repair of said improvement or services shall be a charge upon the area of the Town of Cortlandville outside of Villages and shall be levied and collected in the same manner and at the same time as other Town charges, provided that it is the intention of the Town Board that such costs will be raised in the first instance from water rates, charges and fees upon all lots or parcels heretofore and hereafter serviced by Town Law Article 12-C Water Improvements, and it is further RESOLVED, that the Town Clerk of this Town shall within ten (10) days after the adoption of this Resolution file a certified copy of this Resolution in the Cortland County Clerk's Office as provided for by Town Law Section 209-q (6) (d). Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and file the letter received from Mike Toncola of Lamont Circle. All voting aye, the motion was carried. Mr. Toncola requested someone from the Town to advise him of the status and timetable for the Lamont Circle Sewer Project. Supervisor Thorpe will contact him. RESOLUTION #04 TABLE RENEWAL OF MAINTENANCE CONTRACT FOR COMPUTERS AND PRINTERS Motion by Councilman Rocco Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED, that renewal of the maintenance contract with B & H Office Equipment, Dryden, NY for the computers and printers used by Town Offices is hereby tabled for further review. RESOLUTION #05 REAPPOINT DAVID PLEW TO THE CORTLANDVILLE ZONING BOARD OF APPEALS Motion by Councilman O'Donnell Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED BE IT RESOLVED, that the Town Board does hereby reappoint David Plew, 27 South St., McGraw, NY to the Cortlandville Zoning Board of Appeals for a five year term commencing January 01, 1993 and shall expire December 31, 1997. JANUARY 6, 1993 PAGE 6 17 RESOLUTION #06 APPROVE HOLIDAY SCHEDULE 1993 Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, that the following Holiday Schedule for the year 1993 is hereby approved as follows: Martin Luther King Jr.'s Monday January 18, 1993 Birthday Washington's Birthday Monday February 15,1993 Good Friday Friday April 09,1993 Memorial Day Monday May 31,1993 Independence Day Monday July 05,1993 Labor Day Monday September 6,1993 Columbus Day Monday October 11,1993 Election Day Tuesday November 02,1993 Veterans Day Thursday November 11,1993 Thanksgiving Day Thursday November 25,1993 Friday November 26,1993 Christmas Eve Friday December 24,1993 New Years Eve Friday December 31,1993 RESOLUTION #07 REAPPOINT THEODORE TESTA AS DEPUTY TOWN SUPERVISOR Motion by Councilman O'Donnell Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED BE IT RESOLVED, that the Town Board does hereby reappoint Theodore Testa as Deputy Town Supervisor for a one year term commencing January 01, 1993 and shall expire December 31, 1993, and further RESOLVED, that he shall receive an annual salary of $500.00 for such. RESOLUTION #08 ADOPT SALARY SCHEDULE FOR 1993 Motion by Councilman Testa Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED BE IT RESOLVED, that the salary schedule for elected and appointed officials and employees of the Town of Cortlandville, for the year of 1993 is hereby adopted as follows: Raymond Thorpe Raymond Thorpe _ Edwin O'Donnell Ronal Rocco Theodore Testa Theodore Testa Mardis Kelsen Pauline Parker Carl Bush Mary Cauf ield. Margaret Capps Peggie Petrie David Briggs William McCandless Juliene K. Ray Patricia O'Mara Lonna Maxson Town Supervisor $ 5,000.00 Budget Officer 1,000.00 Councilman 3,858.75 Councilman 3,858.75 Councilman 3,858.75 Dep Twn Supervisor 500.00 Town Justice 26,349.75 Town Clerk 26,019.00 Twn Hwy Sup't 41,633.54 Court Clerk 18,797.63 Court Clerk 17,088.75 Dep Court Clerk P/T P/H 6.62 Assessor 21,981.65 Data Collector P/T P/H 7.50 Deputy Twn Clerk P/H 6.62 Deputy Twn Clerk 15,986.25 Sec W&S Dept 21,488.22 JANUARY 6, 1993 PAGE 7 Karen Snyder Marcia Hicks Edna Puzo Hayne Smith Fred Walker Jr. David Thomas Peter Alteri Bruce Weber Alice Blatchley Phillip Rumsey Zoning Board of Appeals Planning Board Seasonal Code Enf Recreation Director PT If Rec Maint. Deputy Twn Clerk Bookkeeper to Sup't Typist Engineer Dep Hwy Sup't Wastewater Tr P1 Op Acting Sup't W&S Code Enf Officer Town Historian Town Attorney Chairman Secretary Members Chairman Secretary Members Gary Moore Mike Andrews Ken,Jeff Andrews HIGHWAY DEPARTMENT PER HOUR Glenn Bassett James E. Cogswell James M. Grant Darby Humphrey Roger Karn Frederick Little William Morse Richard Phillips Gregory Schmidt John Stafford Clay Walker Steve Wyant HEO D MEO E HEO E AMH E MEO E MEO E HEO E MEO E MEO E HEO E Bldg Gr WKR B HAM E 18,797.63 20,947.50 23,299.11 50,163.75 36,395.10 24,255.14 26,405.34 31,421.25 3,307.50 20,475.00 MTG/40.00 MTG/50.00 MTG/35.00 MTG/60.00 MTG/50.00 MTG/50.00 P/H 12.00 2,800.00 3,200.00 11.10 10.58 11.10 11.49 10.58 10.58 11.10 10.58 10.58 11.10 7.14 11.93 NIGHT RATE: $1.00 per hour added to hourly base wage. WORKING SUPERVISOR RATE: .39 per hour added to hourly base wage (JOHN STAFFORD ONLY) 1993 NIGHT SHIFT CREW IS: Richard Phillips - $10.58 plus $1.00 NR =$11.58 P/H William Morse - $11.10 plus $1.00 NR =$12.10 P/H Robert Atkins - P/T Summer E _$ 7.69 P/H Paul Leet - P/T Summer E _$ 7.69 P/H RESOLUTION #09 AMENDMENT TO THE PERSONNEL POLICY OF THE HIGHWAY DEPARTMENT HOURLY SCHEDULE Motion by Councilman Testa Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED, that the Personnel Policy of the Town of Cortlandville is hereby amended by changing the hourly base pay schedule for the Highway Department, as submitted by the Highway Superintendent. I JANUARY 6, 1993 PAGE 8 RESOLUTION #10 ESTABLISH MILEAGE RATE FOR PERSONAL VEHICLES USED FOR TOWN BUSINESS FOR THE YEAR 1993 Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, that the mileage rate to be paid by the Town, for personal vehicles used for Town business, is hereby established at twenty seven cents ($.27) per mile for the year 1993, subject to audit by the Town Board. RESOLUTION #11 DESIGNATE THE CORTLAND STANDARD AS THE OFFICIAL NEWSPAPER FOR THE TOWN OF CORTLANDVILLE FOR THE YEAR 1993 Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, that the Cortland Standard is hereby designated as the Official Newspaper for the Town of Cortlandville for the year of 1993. RESOLUTION #12 SET PAY SCALE FOR ELECTION INSPECTORS FOR THE YEAR 1993 Motion by Councilman Testa Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED, that the Election Inspectors appointed by the County Board of Elections for the year 1993, shall be paid an hourly rate of $5.00, $5.00 for attending school and the chairman an additional $5.00 per day. RESOLUTION #13 DESIGNATION OF DEPOSITORIES FOR THE TOWN ACCOUNTS FOR THE YEAR 1993 Motion by Councilman Rocco Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, that the First Cortland Bank is hereby designated for the various accounts as follows: General Account (Whole Town) General Account (Town Outside) Town Clerk Account Tax Collectors Account Highway Account Trust & Agency Account Justice Account Water Fund Account Sewer Fund Account National Bank of as the depositories �l�qb Ay„� rneeflfl v fZe,6 a57- AND FURTHER RESOLVED, that Key Bank, located within the Town is hereby designated as a depository also, if necessary. JANUARY 6, 1993 PAGE 9 RESOLUTION #14 ESTABLISH SCHEDULE FOR TOWN BOARD MEETINGS FOR THE YEAR OF 1993 Motion by Councilman O'Donnell Seconded by Councilman Testa BE IT VOTES: ALL AYE ADOPTED RESOLVED, that the regular meetings of the Town Board of the Town of Cortlandville shall be held at the Town Hall, 15 Terrace Road, Cortland, New York on the first Wednesday of each month at 7:00 p.m. and the third Wednesday of each month at 5:00 p.m.. If such day falls on a holiday, the meeting shall be held the next business day. RESOLUTION #15 AUTHORIZE EXTENSION OF THE SUPERVISORS ANNUAL REPORT FOR THE YEAR OF 1992 Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby authorize the Town Clerk to accept the Supervisor's Annual Financial Report to the State Comptroller 60 days after the close of the fiscal year 1992, and BE IT FURTHER RESOLVED, that the Town Clerk shall cause a notice to be published within ten (10) days after receipt thereof, stating that a copy of such report is f. on file in the Town Clerk's office and available for public inspection and copying, in accordance with Town Law, Section 29, Article 10-A, amended June 29, 1979 RESOLUTION #16 DELEGATE TOWN BOARD MEMBERS TO AUDIT 1992 RECORDS OF THE TOWN OFFICIALS Motion by Councilman Seconded by Councilman VOTES: ALL AYE ADOPTED BE IT RESOLVED, that the records of Town Officials and Town employees, for the year 1992, shall be audited by the Town Board members by January 20, 1993, as follows: Supervisor - Theodore Testa Town Clerk - Ronal Rocco Justice - Theodore Testa Highway, Water, & Sewer - Edwin O'Donnell RESOLUTION #17 AUTHORIZATION TO ACCEPT THE AGREEMENT OF EXPENDITURES OF HIGHWAY MONIES FOR THE YEAR OF 1993 Motion by Councilman Testa Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED WHEREAS, the agreement for the expenditure of the highway monies in accordance with Section 284 of the Highway Law, was submitted for the year 1993, and WHEREAS, such agreement has been reviewed by all members of the Ville Town Board, therefore JANUARY 6, 1993 PAGE 10 BE IT RESOLVED, that the Agreement of the Expenditures of Highway Monies for 1993 shall be signed by the Supervisor, the Town Highway Superintendent and members of the Town Board. RESOLUTION #18 AUTHORIZE SUPERVISOR TO SIGIV APPLICATION FOR YOUTH STATE AID FOR THE RECREATION PROGRAM Motion by Councilman Testa Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED, that the Supervisor is hereby authorized and directed to sign the application for the Youth State Aid Recreation Program for the Town of Cortlandville and the Village of McGraw youth programs for the year 1993. RESOLUTION #19 AUTHORIZE TRANSFER OF MONIES TO BALANCE ACCOUNTS FOR THE 1992 BUDGET Motion by Councilman Rocco Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, that the Budget Officer is hereby authorized and directed to transfer monies to adjust the accounts of the 1992 Budget for the Town of Cortlandville as follows: 1) GENERAL FUND A - TOWN WIDE: FROM A1990.4 A1989.4 A1430.4 A1355.4 A1220.1 A1220.2 A7510.4 TO A8090.4 A8090.4 A1440.4 A1450.1 A1620.4 A1620.4 A9030.8 2)GENERAL FUND B - TOWN OUTSIDE: Transfer $33,115.26 AMOUNT $16,910.60 5,213.07 202.31 2,073.00 7,538.02 645.70 532.86 $33,115.56 Transfer $1,679.51 FROM TO AMOUNT B7310.2 B7310.4 $ 70.53 B7146.4 B7140.4 164.83 B7146.4 B1910.4 1,444.15 $ 1,679.51 3)DB - HIGHWAY FUND: Transfer $11,700.15 FROM TO AMOUNT DB5110.4 DB5110.1 $ 443.56 DB5130.1 DB5130.4 8,321.11 DB9030.8 DB9060.8 2.935.48 $11,700.15 4)F - WATER FUND: Transfer $541.45 FROM TO AMOUNT F1990.4 F8330.4 $ 541.45 $ 541.45 5)G - SEWER FUND: Transfer $325.00 FROM TO AMOUNT G8110.4 G8110.2 $ 325.00 $ 325.00 l� JANUARY 6, 1993 PAGE 11 RESOLUTION #20 APPOINT DELEGATE AND ALTERNATE TO THE ASSOCIATION OF TOWNS ANNUAL MEETING - FEBRUARY 1993 Motion by Councilman Rocco Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED, that the Town Clerk, Pauline Parker, is hereby appointed as Delegate, and the Town Justice, Mardis F. Kelsen, is hereby appointed Alternate, to represent the Town of Cortlandville at the Association of Towns Annual Meeting, to be held in New York City in February, 1993. RESOLUTION #21 RE -APPOINT PHILLIP RUMSEY AS TOWN ATTORNEY Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, that establishment of the Office of Town Attorney as of January 1, 1993, by Resolution adopted December 18, 1991, is hereby reaffirmed, and it is further, RESOLVED, that Phillip Rumsey Esq. is hereby appointed Town Attorney. RESOLUTION #22 AUTHORIZE SUPERVISOR TO SIGN VARIOUS CONTRACTS FOR 1993 WITH APPROVAL OF TOWN ATTORNEY Motion by Councilman Rocco Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED, that authorization be granted for the Supervisor to sign various contracts for the year 1993 with the approval of the Town Attorney. RESOLUTION #23 ADOPT ORDER PURSUANT TO TOWN LAW SECTION 209-q (3) MID -TOWN SEWER IMPROVEMENT PROJECT AND SET DATE FOR A PUBLIC HEARING Motion by Councilman Rocco Seconded by Councilman Testa VOTES: ALL AYE ADOPTED WHEREAS, there was filed in the office of the Town Clerk of the Town of Cortlandville, Cortland County, New York, general plans relating to the establishment of a sewer improvement project for the Cortlandville mid -town area adjacent to Starr Road and designated "Mid -Town Sewer Improvement", as required by Section 209-q and 209-c of the Town Law, and are available for public inspection, and WHEREAS, the proposed improvement consists of approximately 13,303 feet of new sanitary sewer mains and laterals in the said area adjacent to Starr Road, in accordance with the said plans now on file in the Office of the Town Clerk of the Town of Cortlandville, and JANUARY 6, 1993 PAGE 12 WHEREAS, the maximum amount proposed to be expended for said improvement is $800,000.00, and WHEREAS, the proposed method of financing of said improvement is by the issuance of bonds by the Town of Cortlandville in the maximum amount of $800,000.00 for a maximum term of forty years at prevailing interest; all costs, shall be borne by the lands benefited by such improvement and such costs shall be assessed, levied and collected from the several lots or parcels of land within said Town of Cortlandville in just proportion to the amount of benefit which the improvement shall confer upon such lots or parcels; it is further hereby proposed that all lots or parcels in the Town of Cortlandville outside of Villages, capable of being serviced by the "Article 12-C1° Sewer Improvements heretofore and hereafter provided, are lots or parcels benefited by the proposed sewer improvement; and the cost of the proposed sewer project and all previous improvements shall be spread upon and over the enlarged benefited area all of such improvements constituting one sewer system, such system being described by and including the areas set forth in the "Starr Road Sewer Improvement" Resolution adopted December 16, 1992 and the following parcels designated on the 1992 Cortland County real property tax maps as Cortlandville tax parcels: Tax Map 96.06-01: Parcels: 17, 18, 19,20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 35, 36, 37, 38, 39, 40, 41, 42, and 43. Tax Map 96.06-02: Parcels: 01, 02, 03, 04, 05, 06, 07, 08, 09, 11, 12, 13, 14, 15, 16, 17, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, 67, and 68. Tax Map 96.09-01: Parcels: 05, 06, 07, 08, 09, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 43.3, 47, 48, 49, 50, and 69. Tax Map 96.09-02: Parcels: 50, 51, 52, 53.12 and 53.2. Tax Map 96.10-01: Parcels: 06, 25, 33. Tax Map 96.10-02: Parcels: 01, 12, and 07, 08, 09, 10, 11, 12, 23, 24, 26, 27, 28, 29, 30, 31, 32, and 02, 03, 04, 05, 06, 09, 10, 11, 13, 14, 15, 16, 17, 18, 19, 20, 37.2. WHEREAS, it is further proposed that the costs of management, maintenance, operation and repair of said improvement or services shall be a charge upon the area of the Town of Cortlandville Outside of Villages and shall be levied and collected in the same manner and at the same time as other Town charges, provided that it is the intention of the Town Board that such costs will be raised in the first instance from sewer rates, charges and fees upon all lots or parcels heretofore and hereafter serviced by Town Law Article 12-C Sewer Improvements, and 14 JANUARY 6, 1993 PAGE 13 WHEREAS, a short Environmental Assessment Form has been prepared pursuant to the State Environmental Quality Review Act, and is available for review by the public at the Cortlandville Town Hall, IT IS HEREBY ORDERED, that a meeting of the Town Board of the said Town of Cortlandville shall be held at the Town Hall, 15 Terrace Road, Cortland, New York on the 20th day of January, 1993 at 5:30 o'clock p.m. of that day to hear all persons interested in the proposed sewer improvement, and for such other action of said Town Board with relation -to the said sewer improvement as may be required by law or be deemed proper. RESOLUTION #24 ,AUTHORIZE ACCEPTANCE OF PROPERTY AND DEED OF COMMON OPEN SPACE AREA IN :RENAISSANCE DEVELOPMENT Motion by Councilman O'Donnell Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED WHEREAS, there is a proposed Renaissance Cluster Development project within the Renaissance development, located on Rt 281, which proposes 15 dwellings in the cluster, and WHEREAS, the Town regulations state that the Town may accept a deed to comply with the common open space regulation or the property owner must create a homeowners association, which would serve no purpose for this project,and WHEREAS, it was the intent of the owners to have this area remain a wooded area, and they have planted evergreen trees there, and have requested the Town to accept this, therefore BE IT RESOLVED, that the Town accept the deed to the common area in the Renaissance Development, subject to the proper filing and approval of the Town Attorney. RESOLUTION #25 ,AUTHORIZE ENCUMBRANCE TRANSFER OF HIGHWAY MONIES FROM 1992 BUDGET TO 1993 BUDGET Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE ADOPTED WHEREAS outstanding vouchers within the Highway Superintendent's 1992 budgets were not received in a timely fashion, and he has requested that funds be encumbered,therefore BE IT RESOLVED that the Budget Officer is hereby authorized to encumber the following from the 1992 Budget, to the 1993 Budget: $14,843.40 A5132.4 $ 7,128.72 DB5110.4 $ 3,851.00 DB5130.2 $ 3,042.00 DB5142.4 1 JANUARY 6, 1993 PAGE 14 Councilman O'Donnell made a motion, seconded by Councilman Rocco, to adjourn the regular meeting and convene to an executive session in the matter of litigation. All voting aye, the motion was carried. The following information was received from the Supervisor's Office: Councilman Testa made a motion, seconded by Councilman Rocco, to adjourn the Executive session and reconvene the Regular Meeting. All voting aye, the motion was carried. No action was taken. Councilman Rocco made a motion, seconded by Councilman Testa, to adjourn the Regular Meeting. All voting aye, the motion was carried. The meeting was adjourned at 8:41 P.M. "esppctfully bumitted, Pauline H. Parker, CMC Town Clerk Town of Cortlandville 1