HomeMy WebLinkAbout01-20-1993E
Wednesday, January 20, 1993 5:30 P.M.
PUBLIC HEARING
MID -TOWN SEWER IMPROVEMENT
A Public Hearing was held by the Town Board of the
Town of Cortlandville on January 20, 1993 at 5:30
o'clock p.m. at 'the Town Hall, 15 Terrace Road,
Cortland, New York, for the Mid -Town Sewer Improvement.
Members present: Supervisor, Raymond Thorpe
Councilman, Edwin O'Donnell
Councilman, Theodore Testa
Councilman, Ronal Rocco
Town Clerk, Pauline Parker
Others present were: Town Engineer, Hayne Smith;
Highway Superintendent; Carl Bush, and Newsreporter,
Skip Chapman.
Supervisor, Raymond Thorpe called the Public
Hearing to order at 5:30 p.m.
The Town Clerk :read the Legal Notice, as posted and
filed.
Supervisor Thorpe offered privilege of the floor to
those in attendance.
No comments or question 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 5:35 p.m.
I.
Wednesday, January 20, 1993
5:00 P.M.
TOWN BOARD MEETING
The Regular Meeting of the Town Board of the Town
of Cortlandville was held 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: Highway Sup't., Carl Bush;
and Newsreporter, Skip Chapman.
The Meeting was called to order by Supervisor
Thorpe at 5:00 p.m.
Councilman O'Donnell made a motion, seconded by
Councilman Testa, to approve, as written, the Town Board
Minutes of December 02, 1992. All voting aye, the
motion was carried.
RESOLUTION #26 AUTHORIZE PAYMENT OF VOUCHERS
JANUARY
Motion by Councilman Testa
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:
General Fund
Vouchers 1-38
$38,556.51
General Fund
1- 5
17,509.27
Highway Fund
1-15
7,307.47
Water Fund
1-12
10,691.09
Sewer Fund
1- 9
5,257.21
Capital Projects
1- 5
4,386.97
Councilman O'Donnell reported that he has audited
the records of 1992 for the Water and Sewer Department
and the Highway Department and found everything to be in
order.
Councilman O'Donnell reported that he attended a
meeting at the County concerning an Erosion Control
Plan. The new planning director, Tom Cookingham, and
Jeff_ Ten Eyck, Manager of the Cortland County Soil and
Water Conservation District, are preparing information
to send to municipalities regarding Stormwater
Management and Erosion Control. They are hoping that
municipalities that have Zoning Ordinances will adopt,
and include this within their ordinance.
Another plan is being reviewed to include all
necessary and involved agencies, to allow their input
for new projects.
A discussion was held whereby this Board looks
forward to this action. It will be beneficial to
everyone concerned.
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JANUARY 20, 1993
PAGE 2
A discussion was held concerning the pending
ambulance contract. Supervisor Thorpe reported that the
new contract has not been modified yet. This is
forthcoming.
No action was taken.
Highway Superintendent, Carl Bush, reported that he
received a call from NYS DOT in regards to the railroad
crossing on the Loope Road.
The railroad has closed one entrance onto the Loope
Road which has caused concern of the residents in that
area. He was advised that the crossings are now listed
as a Private Crossing which allows the railroad to close
them. The State has funds available for such projects
now. We would be :required to hold Public Hearings and
could then designate it a "Public Crossing."
The Town Board requested that he discuss this
situation with the Town Attorney and proceed as
necessary.
No action was taken.
Reports are on -the table, and may be seen, upon
request, in the Town Clerks Office.
Councilman O'Donnell made a motion, seconded by
Councilman Testa, to receive and file a letter from
David Verostko, Corporate Vice President of Smith Corona
Corporation. All voting aye, the motion was carried.
The letter advised of their schedule in regards to
mass layoffs, and the future closing of their
operations at their main plant located in the Town.
Councilman O'Donnell made a motion, seconded by
Councilman Testa, to receive and file correspondence
from the Association of Towns. All voting aye, the
motion was carried.
The correspondence is in regards to their annual
meeting to be held in New York City, February 14-17,
1993.
RESOLUTION #27 DESIGNATE RAYMOND THORPE AS
REPRESENTATIVE OF TOWN TO THE OTTER
CREEK/DRY CREEK AQUIFER REMEDIAL
PROGRAM
Motion by Councilman O'Donnell
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, that the Town Board designated
Supervisor, Raymond '.Thorpe as a representative of the
Town of Cortlandville for the Otter Creek/Dry Creek
Aquifer Remedial Program, and shall replace Hayne
Smith, to be effective immediately.
Councilman O'Donnell made a motion, seconded by
Councilman Testa, to receive and file the Town Clerk's
Annual Report for 1992. All voting aye, the motion was
carried.
JANUARY 20, 1993 PAGE 3
RESOLUTION #28 AUTHORIZE THE BUDGET OFFICER TO
TRANSFER MONIES FOR CAPITAL PROJECTS
Motion by Councilman Rocco
Seconded by Councilman O'Donnell
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, that the Budget Officer is hereby
authorized to transfer monies from the Sewer Fund
Surplus Account in the amount of $230.93 and transfer
into Sewer Capital Projects as follows:
Mid Town Sewer Improvement Project $ 80.93
Starr Road Sewer Project $150.00
RESOLUTION #29 AUTHORIZE BUDGET TRANSFER
Motion by Councilman Rocco
Seconded by Councilman O'Donnell
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, that the Budget Officer is hereby
authorized and directed to transfer $787.00 from
Contingency Account A1990.4 into Central Printing
Account A1.670.2 to balance the budget, due to the
purchase of a new copier.
Councilman Rocco mentioned that a group of
interested citizens are holding an advertised meeting on
January 26, 1993 at the Old Fire Station in McGraw in
relation to the concerns of lack of Fire Contracts etc.
Attendance of Councilman was encouraged.
A discussion was held concerning this. As
requested, Attorney Rumsey explained the procedure
necessary to disband the current elected Fire
Commissioners. This would require action taken by
private citizens in the manner of a petition.
Councilman O'Donnell made a motion, seconded by
Councilman Testa, to recess the meeting to hold a Public
Hearing regarding the Mid Town Sewer Improvement
Project. All voting aye, the motion was carried.
Councilman Rocco made a motion, seconded by
Councilman Testa, to reconvene the Regular Meeting.
All voting aye, the motion was carried.
RESOLUTION #30 ADOPT RESOLUTION PURSUANT TO TOWN
LAW SECTION 209-q (6) (c) 11MID-TOWN
SEWER IMPROVEMENT"
Motion by Councilman Rocco
Seconded by Councilman O'Donnell
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, map and engineering report relating to
the establishment of a sewer improvement project for the
Cortlandville mid -area 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
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JANUARY 20, 1993 PAGE 4
WHEREAS, an Order was duly adopted by the Town Board on
January 6, 1993 reciting -the filing of said general
plans, the construction proposed, and the estimated
expense thereof and specifying January 20, 1993 at 5:30
o'clock p.m. as the time and the said Town Hall in the
said Town of Cortlandville as the 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, an 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 20th day of January, 1993 commencing at
5:30 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 Ronal Rocco, Councilman, seconded by Edwin
O'Donnell, 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 sewer 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" Sewer Improvement heretofore and hereafter
provided, are lots or parcels benefited by 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 area set
forth in the "Starr Road Sewer Improvement" 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,
26,
:37,
Tax Map 96.06-02:
Parcels: 01,
11,
:Z 1,
n ,
39,
48,
57,
66,
18, 19, 20, 21, 22, 23, 24, 25,
27, 28, 29, 30, 31, 32, 35, 36,
38, 39, 40, 41, 42, and 43.
02,
03,
04,
05,
06,
07,
08,
09,
12,
13,
14,
15,
16,
17,
19,
20,
22,
23,
24,
25,
26,
27,
28,
29,
31,
32,
33,
34,
35,
36,
37,
38,
40,
41,
42,
43,
44,
45,
46,
47,
49,
50,
51,
52,
53,
54,
55,
56,
58,
59,
60,
61,
62,
63,
64,
65,
67
and
68.
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JANUARY 2.0, 1993
PAGE 5
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,
43.2, 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,
07,
08,
09,
10,
11,
12,
23, 24,
25,
26,
27,
28,
29,
30,
31,
32, and
33.
Tax Map 96.10-02:
Parcels: 01, 02, 03, 04, 05, 06, 09, 10, 11,
12, 13, 14, 15, 16, 17, 18, 19, 20
and 37.2.
WHEREAS, it is further proposed that the costs of
management, maintenance, operation and repair of said
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 shall be designated and known as
"Mid -Town Sewer Improvement", and it is further
RESOLVED AND DETERMINED, that the proposed improvement,
including cost and rights of way, construction costs,
legal fees, engineering and consultant fees, and all
other expenses approximated to be a maximum of
$800,000.00 shall be financed by the issuance of bonds
by the Town of Cortlandville for 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 sewer rates, charges and fees upon
all lots or parcels heretofore and hereafter serviced by
Town Law Article 12-C Sewer 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).
Engineer,
Hayne Smith apprised the Town Board that
the water main on Starr Road should be replaced in the
near future. It is a 6" line and was installed many
years ago. There are a lot of leaks in the line and
recommended that it be replaced with an 8" line, which
is what is currently being installed in other areas of
the Town.
A discussion was held whereby the Town Board
requested the Engineer to investigate the matter further
and discuss the matter with the Town Attorney.
No action was taken.
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JANUARY 20, 1993
PAGE 5
Tax Map 96.09-01:
Parcels: 05,
J. 4,
23,
69.
06, 07, 08, 09, 10, 11, 12, 13,
15, 16, 17, 18, 19, 20, 21, 22,
24, 43.2, 47, 48, 49, 50 and
Tax Map 96.09-02:
Parcels: 50, 51, 52, 53.12 and 53.2.
Tax Map 96.10-01:
Parcels: 06, 07, 08, 09, 10, 11, 12, 23, 24,
25, 26, 27, 28, 29, 30, 31, 32, and
33.
Tax Map 96.10-02.:
Parcels: 01, 02, 03,
1.2, 13, 14,
and 37.2.
04, 05, 06, 09, 10, 11,
15, 16, 17, 18, 19, 20
WHEREAS, it is further proposed that the costs of
management, maintenance, operation and repair of said
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. shall be designated and known as
"Mid -Town Sewer Improvement", and it is further
RESOLVED AND DETERMINED, that the proposed improvement,
including cost and rights of way, construction costs,
legal fees, engineering and consultant fees, and all
other expenses approximated to be a maximum of
$800,000.00 shall be financed by the issuance of bonds
by the Town of Cortlandville for 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 sewer rates, charges and fees upon
all lots or parcels heretofore and hereafter serviced by
Town Law Article 12--C Sewer 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).
Engineer, Hayne Smith apprised the Town Board that
the water main on Starr Road should be replaced in the
near future. It is a 6" line and was installed many
years ago. There are a lot of leaks in the line and
recommended that it be replaced with an 8" line, which
is what is currently being installed in other areas of
the Town.
A discussion was held whereby the Town Board
requested the Engineer to investigate the matter further
and discuss the matter with the Town Attorney.
No action was taken.
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JANUARY 20, 1993
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PAGE 6
RESOLUTION #31 SET DATE FOR A SPECIAL MEETING ON
JANUARY 25, 1993 TO APPOINT A
MEMBER TO THE PLANNING BOARD
Motion by Councilman O'Donnell
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
WHEREAS, a vacancy occurs on the Town Planning Board and
a list has been submitted by that board for review, and
WHEREAS, a decision is forthcoming, therefore,
BE IT RESOLVED, that a Special Meeting shall be held on
Monday, January 25, 1993 at 5:00 p.m. to appoint a new
member to the Cortlandville Planning Board.
Councilman O'Donnell made a motion, seconded by
Councilman Rocco to adjourn the Regular Meeting. All
voting aye, the motion was carried.
The Meeting was adjourned at 5:45 p.m.
;-'kespectful](fsub fitted,
Pauline H. Parker, CMC
Town Clerk
Town of Cortlandville