Loading...
HomeMy WebLinkAbout05-18-1994215 Wednesday, May 18, 1994 5:30 P.M. PUBLIC HEARING KINGSLEY AVENUE WAT R IMPROVEMENT PROJECT A Public Hearing was held by the Town Board of the Town of Cortlandville on May 18, 1994 at 5:30 p.m. at the Cortlandville Town Hall, 15 Terrace Road, Cortland, New York, concerning the "Kingsley Avenue Water Improvement Project." Members present: Supervisor, Raymond Thorpe Councilman, Theodore Testa Councilman, Edwin O'Donnell Councilman, Ronal Rocco Councilman, John Pilato Town Clerk, Pauline Parker Others present were: Town Attorney, John Folmer; Highway Superintendent, Carl Bush; and Town Typist Edna Puzo. Supervisor Thorpe called the Public Hearing to order at 5:30 p.m. The Town Clerk read aloud the Legal Notice, as posted and filed. Supervisor Thorpe offered privilege of the floor to those in attendance. Attorney Folmer reported the "Notice of the Public Hearing" was posted on May 5, 1994. No other comments or questions were heard. Councilman Rocco made a motion, seconded by Councilman Testa, to close the Public Hearing. All voting aye, the motion was carried. The Public Hearing was closed at 5:35 p.m. 1 216 Wednesday, May 18, 1994 5:30 P.M. PUBLIC HEARING LUKER ROAD SEWER IMPROVEMENT PROJECT - 1994 A Public Hearing was held by the Town Board of the Town of Cortlandville on May 18, 1994 at 5:30 p.m. at the Town Hall, 15 Terrace Road, Cortland, New York, concerning the " Luker Road Sewer Improvement Project- 1994." Members present: Supervisor, Raymond Thorpe Councilman, Theodore Testa Councilman, Edwin O'Donnell Councilman, Ronal Rocco Councilman, John Pilato Town Clerk. Pauline Parker Others present were: Town Attorney, John Folmer; Highway Superintendent, Carl Bush; and Town Typist, Edna Puzo. Supervisor Thorpe called the Public Hearing to order at 5:35 p.m. The Town Clerk read aloud the Legal Notice as posted and filed. Supervisor Thorpe offered privilege of the floor to those in attendance. Attorney Folmer reported the "Notice of the Public Hearing" was posted on May 5, 1994. No comments or questions were heard. Councilman Rocco made a motion, seconded by Councilman O'Donnell, to closed the Public Hearing. All voting aye, the motion was carried. Public Hearing was closed at 5:40 p.m. 217 1 Wednesday, May 18, 1994 TOWN BOARD MEETING 5:00 P.M. The Regular Meeting of the Town Board of the Town of Cortlandville was held at 5:00 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, Ronal Rocco Councilman, John Pilato Town Clerk, Pauline Parker Others present were: Town Attorney, John Folmer; Highway Superintendent, Carl Bush; and Town Typist, Edna Puzo. The Meeting was called to order by Supervisor Thorpe at 5:00 p.m. Councilman Rocco made a motion, seconded by Councilman Pilato to receive and file the Zoning Board of Appeals Minutes of April 26, 1994. All voting aye, the motion was carried. RESOLUTION #94 AUTHORIZE PAYMENT OF VOUCHERS FOR 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: General Fund A Vouchers #188 - 213 $16,485.13 General Fund B 22 - 25 $ 177.54 Highway Fund DB 159 - 180 $ 7,948.31 Water Fund 112 - 130 $ 5,802.90 Sewer Fund 60 - 65 $ 5,949.25 Capital Projects 9 - 10 $ 140.28 Reports of various departments are on the table for review, and are available for inspection , upon request, in the Town Clerk's office. Councilman Rocco made a motion, seconded by Councilman O'Donnell, to receive and file a protest of the Special Franchise Assessment for the 1994 Tax Roll, filed with the New York State Board of Equalization and Assessment, submitted by NYNEX Corporation. All voting aye, the motion was carried. Councilman Rocco made a motion, seconded by Councilman Pilato, to receive and file a complaint of Real Property Assessment for the 1994 Tax Roll, filed with the New York State Board of Equalization and Assessment, submitted by Smith Corona Corp. All voting aye, the motion was carried. AN: MAY 18, 1994 TOWN BOARD MEETING PAGE 2 RESOLUTION #95 AUTHORIZE AND ESTABLISH NEW ACCOUNT F8340.410 TO IDENTIFY PAYMENT FOR OSBORNE EASEMENT AND TRANSFER FUNDS Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE ADOPTED WHEREAS, Eminent Domain Procedure was required, and approved per Resolution #172 on September 2, 1992, to obtain the necessary easement to accomplish the West Road Water and Sewer Improvement Projects, therefore BE IT RESOLVED, the Budget Officer is hereby authorized and directed to establish a new account., F8340.410, to identify payment to Richard Osborne, for payment of easement on NYS Route 281 and further RESOLVED, the Budget Officer is hereby authorized and directed to transfer $4,000.00 from (contingency) F1990.4 into F8340.410. Attorney Folmer reported to the Town Board concerning the status of the Railroad Crossing in Blodgett Mills. He received a letter from Judge Loomis asking for our questions, in writing, and sent them to Attorney William Dwyer, Office of Legal Affairs, as requested. This has been done. Copies provided. In talking with them, it appeared as if the railroad had not submitted anything yet. Attorney Folmer reported that he has received an extension until June 17, 1994 to respond to the questionnaire from NYS D.E.C. concerning the South Hill Dump. Copy provided. Attorney Folmer reported that he received a letter from General Code Publishers. They provided all of the information on subjects which were in question, to accomplish an update of our codes. He responded to them and advised that he would attempt to have this completed by July 1, 1994. Attorney Folmer had all the necessary documents to complete the Osborne easement on NYS Route 281. After they are signed by Supervisor Thorpe, he will proceed to file the deed. Supervisor Thorpe updated the Board concerning a sewer extension of the proposed Mayberry Subdivision, which is adjacent to the Weathervane Development. The developer appeared again before the Town Planning Board, and submitted a revised plan. They advised that it is not economical for them to install sewer lines for the whole development due to a dip in the land, which would require a pumping station. They indicated they had tentative approval from the County Health Dept. for private sewers for 10 lots. According to their plan, they will extend the Town water lines, to provide public water. Supervisor Thorpe expressed concern about private septic systems being allowed over the Aquifer. He will discuss this with County Health Director, Jim Feuss. A discussion was held concerning requirements of developers. Past experiences has dictated this concern. No action was taken. 2-1"9. MAY 18, 1994 TOWN BOARD MEETING PAGE 3 Attorney Folmer reported on the pending transfer of property from the Cortland Enlarged School District to the Town, to be used for a pumping station. A member of the School Board had some concerns and wanted to talk with Town Engineer, Hayne Smith, before this was put on the school board agenda for final approval. If all concerns are met, then this should be finalized soon. Councilman O'Donnell made a motion, seconded by Councilman Testa, to recess the regular meeting to conduct two Public Hearings. All voting aye, the motion was carried. Councilman O'Donnell made a motion, seconded by Councilman Pilato, to reconvene the Regular Meeting. All voting aye, the motion was carried. RESOLUTION #96 ADOPT RESOLUTION PURSUANT TO TOWN LAW SECTION 209-q (6) (c) KINGSLEY AVENUE WATER IMPROVEMENT PROJECT Motion by Councilman Rocco Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED WHEREAS, there were 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 water improvement project for the Kingsley Avenue area of the Town of Cortlandville and designated "Kingsley Avenue Water Improvement Project - 1994", as required by Section 209-q and 209-c of the Town Law, and are available for public inspection, and WHEREAS, an Order was duly adopted by the Town Board on May 4, 1994 reciting the filing of said general plans, the construction proposed, and the estimated expense thereof and specifying May 18, 1994 at 5:30 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, 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 18th day of May, 1994 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 water improvement is in the public interest, and it is further 220 MAY 18, 1994 TOWN BOARD MEETING PAGE 4 RESOLVED AND DETERMINED, all costs, including the principal and interest on bonds or other obligations authorized to be issued shall be borne by the lands benefitted by such improvement and such costs shall be assessed, levied and collected from 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 the "Article 12-C" Water Improvement heretofore and hereafter provided, are lots or parcels benefitted by the proposed water project and all previous improvements shall be spread upon and over the enlarged benefitted area, all of such improvements constituting one water system, such system being described by and including the areas set forth in the "Starr Road Water Improvement Project" Resolution adopted April 21, 1993, and it is further RESOLVED AND DETERMINED, 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 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 "Kingsley Avenue Water Improvement Project - 1994", 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 $40,000.00 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 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) and it is further RESOLVED, that this resolution is adopted subject to permissive referendum as required by Section 209(q)(11) of the Town Law of the State of New York RESOLUTION #97 ADOPT RESOLUTION PURSUANT TO TOWN LAW SECTION 209-q (6) (c) LUKER ROAD SEWER IMPROVEMENT - 1994 Motion by Councilman O'Donnell Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED MAY 18, 1994 TOWN BOARD MEETING PAGE 5 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 Luker Road area of the Town of Cortlandville and designated "Luker Road Sewer Improvement - 1994", as required by Section 209-q and 209-c of Town Law, and are available for public inspection, and WHEREAS, an Order was duly adopted by the Town Board on May 4, 1994 reciting the filing of said general plans, the construction proposed, and the estimated expense thereof and specifying May 18, 1994 at 5:30 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 document 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 18th day of May, 1994 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 Edwin O'Donnell, Councilman, seconded by Ronal Rocco, 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 bonds or other obligations authorized to be issued shall be borne by the lands benefitted 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 the "Article 12-C" Sewer Improvement heretofore and hereafter provided, are lots or parcels benefitted by the proposed sewer project and all previous improvements shall be spread upon and over the enlarged benefitted area, all of such improvements constituting one sewer system, such system being described by and including the areas set forth in the "Mid -Town Sewer Project" and the following parcels designated on the 1992 Cortland County Real Property tax maps as Cortlandville tax parcels: Tax Map Parcel Numbers: 85.20-01-35.110, 85.20-01- 35.120, 85.20-01-35.200, 85.20-01-34.000, 85.20-01- 33.000, 85.20-01-32.200, 86.17-01-15.000, 86.17-01- 16.000, 86.17-01-12.200, 86.17-01-12.100, 86.17-02- 04.000, 86.17-02-01.000, 86.17-02-05.000, and 95.00-05- 10.200; and it is further RESOLVED AND DETERMINED, that the costs of management, maintenance, operation and repair of said improvement as proposed in said plans be authorized pursuant to Section 222 MAY 18, 1994 TOWN BOARD MEETING PAGE 6 209-q(6)(c) of Town Law; that the improvement therein mentioned be constructed and 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 "Luker Road Sewer Improvement - 1994", 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 $116,700.00 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) and it is further RESOLVED, that this Resolution is adopted subject to permissive referendum as required by Section 209(q)(11) of the Town Law of the State of New York Councilman Testa made a motion, seconded by Councilman O'Donnell, to adjourn the Regular Town Board Meeting. All voting aye, the motion was carried. The Meeting was adjourned at 5:40 p.m. Respe' tfull-' su mitted, al, Pauline H. Parker, CMC Town Clerk Town of Cortlandville 1 H