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Home My WebLink About08-03-19941 1 Wednesday August 03, 1994 7:00 P.M. TOWN BOARD MINUTES 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, Theodore Testa Councilman, Edwin O'Donnell Councilman, John Pilato Town Clerk, Pauline Parker Absent: Councilman, Ronal Rocco Others present were: Town Attorney, John Folmer; Highway Superintendent, Carl Bush; Town Typist, Edna Puzo; Town Engineer, Hayne Smith; and Newsreporter, Connie Nogas. The Meeting was called to order by Supervisor, Raymond Thorpe at 7:00 p.m. Councilman Pilato made a motion, seconded by Councilman O'Donnell, to approve, as written, the Town Board Minutes of July 6, 1994. All voting aye, the motion was carried. RESOLUTION #130 AUTHORIZE PAYMENT OF VOUCHERS AUGUST Motion by Councilman O'Donnell Seconded by Councilman Pilato VOTES: ALL AYE ADOPTED BE IT RESOLVED, that the vouchers submitted have been audited and shall be paid as follows: General Fund A Vouchers #290 - 304 $ 16,146.03 General Fund B 62 - 65 $ 4,153.59 Highway Fund 290 - 317 $ 20,622.68 Water Fund 174 - 186 $149,118.02 Sewer Fund 88 - 91 $ 57,514.99 Capital Projects 17 - 20 $ 27,168.50 Supervisor Thorpe referred to a memo from Town Engineer, Hayne Smith, that is included in their information packets, naming "Anticipated Water Improvement Projects" for Town Board consideration. They met and discussed option's to construct a new water tank vs. refurbishing the old tank. A factor to be considered is eventually supplying water to McGraw and Polkville residents. If so, the existing tank probably does not have the needed capacity for this. A new location, plus land acquisition would have to be considered. Accessibility needs to be considered also. A discussion was held whereby Town Engineer, Hayne Smith, gave estimated figures for painting of the old tank, vs. building a new one, with a larger capacity, like the Blue Creek Water Tank. The City of Cortland is constructing a new tank, however, their location is not high enough to accommodate Town needs. It was the consensus that the Town Engineer investigate and present information to the Town Board of a new location and cost estimates for a new tank, to be located in this area of the Town. AUGUST 3, 1994 TOWN BOARD MEETING PAGE 2 Supervisor Thorpe reported that problems have occurred in obtaining the required easements regarding the Luker Road Sewer Project. Hopefully, this will be accomplished soon. Reports of various departments are on the table for review, and are available for inspection, upon request, in the Town Clerk's office. A discussion was held concerning installing new water mains along NYS Route 222. NY State DOT has notified us that the road is scheduled to be resurfaced soon. The Town Engineer has recommended we extend the Town's water main between NYS Route 281 and Lyncort Drive, up Route 222. This extension would not require State approval, and would service 30 new customers.. RESOLUTION #131 AUTHORIZE TOWN ATTORNEY TO DRAFT AN ORDER OF PETITION FOR THE PROPOSED WATER IMPROVEMENT PROJECT FOR NYS ROUTE 222 TO LYNCORT Motion by Councilman O'Donnell Seconded by Councilman Pilato VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Attorney is hereby authorized and directed to draft an Order of Petition for the proposed Water Improvement Project for NYS Route 222. RESOLUTION #132 APPROVE CHANGE ORDER NO.2 FOR STARR ROAD SEWER AND WATER IMPROVEMENTS Motion by Councilman Testa Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED WHEREAS, Change Order #2 has been submitted by the Town Engineer for the Starr Road Sewer and Water Improvement Projects, listing required changes, therefore BE IT RESOLVED, the Town Board does hereby approve Change Order No. 2 in the amount of $3,705.25, and the contract with Vacri Construction Inc., is hereby amended accordingly. Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive an file a letter from Pizza Hut Inc., advising of their intention to renew their liquor license, at their store #606032, located at 259 Tompkins St. All voting aye, the motion was carried. Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and file a letter from Great American food store advising of their intention to renew their liquor license, at their store #CORT AX 00021128, located at 10 McLean Rd. & Rt. 281. All voting aye, the motion was carried. Councilman O'Donnell made a motion, seconded by Councilman Pilato, to receive and file a letter from NYS Commission on Cable Television for an Order, extending time, for review of a rate increase. All voting aye, the motion was carried. 24 9 AUGUST 3, 1994 TOWN BOARD MEETING PAGE 3 RESOLUTION #133 ACKNOWLEDGE RECEIPT FROM STATE FOR LOCAL LAW NO. 1 OF 1994 Motion by Councilman Testa Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Local Law Acknowledgment received from NYS Dept. of State concerning Local Law No. 1 of 1994, is hereby acknowledged and shall be received and filed. Attorney Folmer reported: RE: Dust and Noise Complaint Polkville - Exit 10 He has received a sample ordinance from General Codes, used by the City of Buffalo, which might apply to the dust problem. Within was verbiage "every parking lot and access driveway shall be paved, graded, and drained of all surface water." The City of Cortland has a Noise Ordinance, which can be reviewed, as an example. He advised that their ordinance, as written, would be very difficult to enforce within the Town. RE: Assistance to developers over the aquifer Quoted, Article 1 Section 8 of the Constitution, which clearly discourages this. Several opinion's, Comptroller and Judicial, state that you can not expend Town funds for private use. One Comptroller's opinion states, you may not expend Town funds for the maintenance and repair of a private road. Tim Buhl, of Resource Associates, referred that some areas had a program relating to this. He will discuss this further with him, and provide another report, if the Board desires. As reported, it appears to be prohibitive for the Town to provide any services to a developer. Re: Filed Certiorari proceedings. Filings have been received from Friendly's, New York Telephone and also Smith Corona. The filings are in regards to their assessment. Re: Fence at Country Music Park Mr. Colasurdo called and indicated that he is not concerned about the fence being there unless they intend to develop and use that area of the park near his residence. He and Attorney Fitzgerald are exploring those options. Attorney Folmer will not proceed further unless the need arises. RESOLUTION #134 REFER AQUIFER SPECIAL PERMIT FOR GUTCHESS INTERNATIONAL,INC. TO TOWN AND COUNTY PLANNING BOARD FOR THEIR RECOMMENDATIONS Motion by Councilman O'Donnell Seconded by Councilman Pilato VOTES: ALL AYE ADOPTED 250 AUGUST 03, 1994 TOWN BOARD MEETING PAGE 4 BE IT RESOLVED, the Aquifer Special Permit, submitted by Gutchess International Inc., to construct an athletic facility attached to their office building, located on McLean Road, shall be referred to the Town and County Planning Boards, for their review and recommendation. RESOLUTION #135 SET DATE FOR PUBLIC HEARING FOR GUTCHESS INTERNATIONAL, INC. AQUIFER SPECIAL PERMIT Motion by Councilman Testa Seconded by Councilman Pilato VOTES: ALL AYE ADOPTED WHEREAS, an application for an Aquifer Special Permit has been submitted by Gutchess International, Inc. and has been forwarded to the Town and County Planning Boards for their review and recommendation, therefore BE IT RESOLVED, a Public Hearing shall be scheduled for August 17, 1994 at 5:00 p.m., as requested. RESOLUTION #136 AUTHORIZE HIGHWAY SUPERINTENDENT TO DISPOSE OF SURPLUS EQUIPMENT AT AN AUCTION IN LANSING ON SATURDAY, SEPTEMBER 17 1994 Motion by Councilman O'Donnell Seconded by Councilman Pilato VOTES: ALL AYE ADOPTED BE IT RESOLVED, -the Highway Superintendent is hereby authorized to auction off the following equipment at the Roy Teitswoth Municipal Auction on Saturday, September 17, 1994. 1976 Brockway S/A Dump Truck SIN 89535 1983 GMC One Ton Dump Truck w/ Plow & Sander SIN 1GDHC34MBDV522856 1980 Dodge One Ton Dump Truck SIN D31KTAS145044 1968 Gallion Tag -A -Long Roller Misc. odd tires RESOLUTION #137 RESOLUTION TO BE PAID DIRECTLY ALL OF TOWN'S SHARE OF COUNTY SALES TAX Motion by Councilman O'Donnell Seconded by Councilman Pilato VOTES: ALL AYE ADOPTED RESOLVED, that the Town of Cortlandville pursuant to Tax Law Section 1262 elects to be paid directly all of its share of County sales taxes which would otherwise be applied to reduce the County taxes levied upon real property in the Town of Cortlandville, and be it further RESOLVED, that pursuant to Town Law Section 1262, this resolution shall be effective commencing with calendar year 1995, and it is further I 1 RESOLVED, that the Cortlandville Town Clerk shall forward a certified copy of this Resolution to the 251 AUGUST 03, 1994 TOWN BOARD MEETING PAGE 5 Cortland County Treasurer and Cortland County Director of Real Property Tax Services by registered or certified mail before September 1, 1995 Attorney Folmer advised that he will be on vacation soon. His partner, David Hartnett will fill in for him. Supervisor Thorpe advised that he had received communication from Mr. Parsons of Lamont Circle. He complained about the 4 way Stop Signs placed at the entrance of Lamont Circle. Attorney Folmer will contact Mr. Parsons regarding this matter. Councilman Pilato reported that most of the citizens of Lamont Circle appreciate the signs. It has slowed traffic down considerably. Councilman O'Donnell made a motion, seconded by Councilman Testa, to adjourn the regular meeting. All voting aye, the motion was carried. The meeting was adjourned at 7:20 p.m. Supervisor Thorpe requested the meeting to be reopened to take care of a forgotten matter. The Board was in agreement. RESOLUTION #138 AUTHORIZE SUPERVISOR THORPE TO EXPEND NOT MORE THAW/$550.00 ON GUNZENHAUSER WELL PLAQUE Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE ADOPTED WHEREAS, authorization was given per Resolution #156 of September 1, 1993 to purchase a plaque to honor the Gunzenhauser family and to be placed at the Lime Hollow Well site, in the amount of $800.00, therefore BE IT RESOLVED, the Town Board does hereby authorize the Supervisor to purchase the plaque, and shall not expend more than $550.00. Because the Newsreporter had left, Attorney Folmer will advise them that the meeting was reconvened. Councilman O'Donnell made a motion, seconded by Councilman Testa, to adjourn the regular meeting. All voting aye, the motion was carried. The Meeting was adjourned at 7:25 p.m. PauliRespctful sub fitted, ne H. Parker, CMC Town Clerk Town of Cortlandville