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Home My WebLink About11-17-1993Wednesday November 17, 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 Absent: Councilman, John Pilato Others present were: Town Attorney, Phillip Rumsey; Highway Superintendent, Carl Bush; and Newsreporter, Skip Chapman. The Meeting was called to order by Supervisor Raymond Thorpe at 5:00 p.m. Councilman O'Donnell made a motion, seconded by Councilman Testa, to approve, as written, the September 15, 1993 Town Board Minutes. All voting aye, the motion was carried. RESOLUTION #196 AUTHORIZE PAYMENT OF VOUCHERS NOVEMBER 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 A Voucher # 421 - 466 $11,630.16 General Fund B 99 - 103 $ 163.21 Highway Fund A 3 $ 4,721.40 Highway Fund B 417 - 433 $34,928.17 Water Fund 233 - 251 $ 7,146.15 Sewer Fund 130 - 138 $ 4,218.80 Capital Projects 90 $ 6.95 The Reports from various departments are on the table for review and are available for inspection, upon request, in the Town Clerk's Office. Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and file correspondence from Cortland County Legislature Chairman, Richard C. Tupper. All voting aye, the motion was carried. The correspondence advised that Cortland County shall be named the Sponsor of the application for funding the project of municipal acquisition of the Contento property adjacent to Exit 12 of Route 81. Councilman Testa made a motion, seconded by Councilman O'Donnell, to receive and file a letter from Jeff Ten Eyck of the Cortland County Soil and Water Conservation District. All voting aye, the motion was carried. He reported that it has been approved to review our request relating to Stormwater Runoff in the Fairview Drive and Luker Road area. 1 1 NOVEMBER 17, 1993 TOWN BOARD PAGE 2 The letter also requested the status of this Board relating to adoption of a Stormwater Ordinance. A discussion followed whereby the Councilman requested Supervisor Thorpe to review the proposed Stormwater Ordinance and report back to them. Councilman Testa made a motion, seconded by Councilman O'Donnell, to receive and file correspondence sent by Nancy Jarvis of Cortland County Planning Department, Ground Water Management Coordinator. All voting aye, the motion was carried. The letter reported the sampling results of Otter Creek -Dry Creek Aquifer from Aug. 1993 to October 1993. Councilman Testa made a motion, seconded by Councilman O'Donnell, to receive and file a notice sent by Nancy Jarvis, Cortland County Planning Department, Ground Water Management Coordinator. All voting aye, the motion was carried. The notice advised of a meeting to be held on November 5, 1993 to discuss a Public Water Supply Extension in the Polkville area. Highway Supt., Carl Bush, reported that a petition may be coming from the Polkville area asking that we provide water to the area in Polkville. The Health Dept. are testing the area now. The Village of McGraw are also having problems with their water supply. They are drilling test wells now. A discussion was held concerning this. Councilman Rocco arrived. Councilman Rocco asked about the status concerning overnight parking in the Town. An angry constituent called that had gotten a ticket. A discussion was held concerning a Town ordinance relating to this, which is effective from November 1st thru April 1st. Highway Superintendent, Carl Bush, will run an advertisement in the Cortland Standard to remind the public of the law. RESOLUTION #197 ADOPT THE TOWN BUDGET FOR FISCAL YEAR 1994 Motion by Councilman O'Donnell Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED WHEREAS, on the 3rd day of November, 1993, the Town Board of the Town of Cortlandville, held a Public Hearing on the Preliminary Budget and proposed amounts to be raised by the benefit tax on the benefited properties in the Town Sewer Improvements District, approved by the Town Board, and filed with the Town Clerk, for the fiscal year commencing January 01, 1994, and having heard all persons in favor of, or against any items therein contained, therefore BE IT RESOLVED, that the preliminary budgets approved, filed and amended, and the same is hereby adopted and established as the annual budget of this Town for the fiscal year beginning January 01, 1994, and such annual budget, as so adopted, is filed with the Town Clerk, and RESOLVED, that the Town Clerk of this Town shall prepare and certify, as provided by law, duplicate copies of the T 4 U NOVEMBER 17, 1993 TOWN BOARD PAGE 3 annual budgets hereby amended and adopted, together with the assessment rolls for the benefit of improvement for the Water Fund and the Sewer Fund, adopted pursuant to Section 202-a of the Town Law within five days thereof, deliver two copies to the Supervisor of the Town and the Supervisor shall present the copies of the annual budget to the Legislature of Cortland County within ten days after his receipt thereof from the Clerk. RESOLUTION #198 AUTHORIZE SUPERVISOR TO CONTACT LAURA SMITH OF HALSTEAD ROAD IN REGARDS TO SEWER EXTENSION Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYES ADOPTED WHEREAS, Laura Smith, resident of Halstead Road contacted Supervisor Thorpe requesting an extension of the Sewer lines to the Halstead Road area, therefore BE IT RESOLVED, Supervisor Thorpe is hereby authorized to contact Laura Smith to inform her of the Town's consideration of extending the sewer line in the Halstead Road area. RESOLUTION #199 APPROVE CHANGE ORDER FOR THE STARR ROAD SEWER IMPROVEMENTS Motion by Councilman Testa Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED WHEREAS. Change Order No. 1 has been submitted by the Town Engineer for the Starr Road Sewer Improvement Project to install all sewer laterals across Starr Road by tunnelling, therefore BE IT RESOLVED, the Town Board does hereby approve Change Order No. 1 in the amount of $10, 448.00 and the contracts with Vacri Construction Inc is hereby amended accordingly. RESOLUTION #200 AUTHORIZE PURCHASE OF THREE (3) PORTABLE RADIOS FOR THE CORTLAND COUNTY SHERIFF'S DEPARTMENT Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE ADOPTED WHEREAS, Cortland County Sheriff, Duane Whiteman, has requested the Town to purchase three (3) portable radios to help to insure safety and better response of his officers, and WHEREAS, he advised the largest percentage of his department's criminal, vehicle and traffic, and calls for service come from the Town of Cortlandville, and WHEREAS, the Town Board wishes to maintain a good relationship, and appreciates the services received from that Department, therefore BE IT RESOLVED, the Town Board does hereby authorize the purchase of three (3) portable radios with the amount not to exceed $2,400.00 to be used by the Cortland County Sheriff's Department. NOVEMBER 17, 1993 TOWN BOARD PAGE 4 RESOLUTION #201 AUTHORIZE EXTENSION OF THE SEWER LINES ON LUKER ROAD TO BESTWAY ENTERPRISES INC. Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE ADOPTED WHEREAS, Bestway Enterprises, Inc. has submitted a request for the extension of the Town's Sewer lines on Luker Road, and WHEREAS, the Town Engineer has reviewed such project and estimated the cost to be about $116,700.00, and WHEREAS, Bestway Enterprises Inc. has agreed to pay 37% of the cost to extend the sewer lines to their location, therefore BE IT RESOLVED, the Town Board does hereby authorize the extension of the Town sewer lines on Luker Road to Bestway Enterprises, Inc. RESOLUTION #202 AUTHORIZE TOWN CLERK TO COLLECT FEES AND ISSUE PERMIT FOR GOING OUT OF BUSINESS SALES Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, that the Town Clerk is hereby authorized to receive all applications and documents, collect all fees, issue all licenses, and take all actions as the "Licensing Authority", pursuant to Article 29-F (Going Out of Business Sales) of the General Business Law of the State of New York. RESOLUTION #203 DECLARE CORTLANDVILLE TOWN BOARD AS LEAD AGENCY FOR THE AQUIFER SPECIAL PERMIT OF JIM MAY PONTIAC DEALERSHIP Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE ADOPTED WHEREAS, an application for an Aquifer Protection District Special Permit has been submitted to the Town Board for the proposed Jim May Pontiac Dealership, NYS Route 281, and WHEREAS, said application was referred on November 3, 1993 for recommendation to the Cortlandville Town and Cortland County Planning Boards, now, therefore, be it RESOLVED, that this action is identified as an application for a new car sales dealership on 8.06+ acres with 227 feet along NYS Route 281, adjacent to the City of Cortland Waterworks; accessory uses to include a service and body shop, and.be it further RESOLVED, that pursuant to 6 New York Code Rules and Regulations 617.4(h), and the designation of the adjacent City of Cortland Waterworks property as a critical environmental area (CEA), the application is a Type I action for review pursuant to the State Environmental Quality review Act (SEQR), and be it further 142 NOVEMBER 17, 1993 TOWN BOARD PAGE 5 RESOLVED, that the following are identified as Involved Agencies for the purpose of SEQR: 1. New York State Department of Transportation (Driveway Permit). 2. New York State Department of Environmental Conservation (Stormwater permit on behalf of EPA and General Permit for Construction Activities). 3. Town of Cortlandville Planning Board (Conditional Permit) and be it further RESOLVED, that the following are identified as Interested Agencies for purpose of SEQR: 1. City of Cortland 2. City of Cortland Water Board 3. Cortland County Health Department 4. Cortland County Planning Board 5. Cortland County Soil and Water Conservation District and be it further RESOLVED, that for purposes of SEQR, the Cortlandville Town Board declares itself to be Lead Agency, subject to Agreement with the Involved Agencies, and be it further RESOLVED, that the Town Attorney is authorized and directed to notify Involved Agencies of the application and lead agencies determination as required by law. RESOLUTION #204 RESOLUTION REQUIRED BY STATE COMPTROLLER RELATING TO MID -TOWN SEWER IMPROVEMENTS Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE ADOPTED WHEREAS, by Resolution of January 20, 1993 this board has determined to extend the Town of Cortlandville "Article 12-c" Sewer Improvement by means of the "Mid - Town Sewer Improvement", and WHEREAS, said sewer extension requires approval of the Comptroller of the State of New York, now therefore, be it RESOLVED, that with regard to the Mid -Town Sewer Improvement application to the State Comptroller, verified November 17, 1993 this Town Board 1. directed the preparation of said Application; and it was prepared at such direction; 2. believes -the contents of the Application to be accurate; 3. has determined that the said extension and expenditure therefore, for which permission is sought, is in the public interest and will not constitute an undue burden on the property which will bear the cost thereof; 4. has determined that all real property to be assessed in whole or in part as a benefited area will be benefited by the proposed improvements, and no benefited property has been excluded. 1 1 1 1 4 3- NOVEMBER 17, 1993 TOWN BOARD PAGE 6 Councilman Rocco made a motion, seconded by Councilman O'Donnell, to adjourn the Regular Meeting. All voting aye, the motion was carried. The Regular Meeting was adjourned at 5:25 p.m. Respe"ctfulty subm tted, 4 / �. % ,7 Pauline H. Parker, CMC Town Clerk Town of Cortlandville n