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