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Wednesday, September 21, 1994 5:00 P.M.
TOWN BOARD MEETING
The Regular Meeting of the Town Board of the Town
of Cortlandville was held at 5:00 p.m. at the Town Hall,
3577 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
Town Clerk, Pauline Parker
Absent: Councilman, John Pilato
Others present were: Town Attorney, John Folmer;
Town Assessor, David Briggs; Town Typist, Edna Puzo;
Attorney, Don Armstrong with John Congdon; Town
resident, Richard Crozier and NYS Assemblyman Candidate,
Wilson Kohn; News reporter, Doug Borrelli; and many
Town residents from the Blodgett Mills area.
The Meeting was called to order by Supervisor,
Raymond Thorpe at 5:00 p.m.
RESOLUTION #152 AUTHORIZE PAYMENT OF VOUCHERS
SEPTEMBER
Motion by Councilman O'Donnell
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, that the vouchers submitted have been
audited and shall be paid as follows:
General Fund
A
Vouchers #346
- 358
$7,629.45
General Fund
B
74
- 75
$ 170.19
Highway Fund
DA
1
$3,641.76
Highway Fund
DB
368
- 377
$1,047.57
Water Fund
220
- 231
$1,618.98
Sewer Fund
103
- 109
$ 735.37
Capital Projects
22
$ 82.50
Reports of the departments of Zoning, Town Justice
and Town Clerk, 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 a news letter from
the NYS Department of Transportation. All voting aye,
the motion was carried.
They advised that two additional Stop Signs will be
installed at the intersection of Route 215 and Starr
Road on Tuesday, September 27, 1994. This will make the
intersection an "All Way Stop" required.
Town Board members discussed the many times and
number of years gone by, that we have made a request to
NYS DOT, advising them of the concerns at that location.
Supervisor Thorpe offered Privilege of the Floor to
those in attendance from the Blodgett Mills area.
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SEPTEMBER 21, 1994 TOWN BOARD MEETING PAGE 2
Supervisor Thorpe apprised the Board that there are
several problems in the Blodgett Mills area that are
unacceptable. Junk cars; an absentee landlord allowing
many to reside in a house that the request for a multi-
dwelling permit was denied by the Town Planning Board in
the past; and others.
A discussion was held by those in attendance
explaining the above mentioned and additional complaints
were heard concerning new residents at a private
residence hosting nightly bonfires with loud music, that
last into the morning hours. Another resident is
working on cars until early morning hours. Cars are
parked everywhere.
Supervisor Thorpe stated that it needs to be
determined if these are code violations before any
action can be taken. He will schedule a meeting with
the Town Code Enforcement Officer and Town Attorney to
discuss what can be done.
Attorney Folmer reported that he had a call today
stating some of these concerns. He tried to call the
Code Officer, but did not reach him. He stated that he
would go to the area tomorrow to look at the situation,
and would proceed from there. Is it a County Health
Dept. problem or Town Codes, or both.
Residents in attendance commended the Town Board
for their response to their concerns in the past.
Accomplishing the "clean-up" of a local business there
has improved the area. They are hoping tonight's
concerns can be accomplished also.
Mr. Wilson Kohn introduced himself to the Town
Board as the State Assemblyman candidate in the 1995
election. If elected, he would represent the Town of
Cortlandville. Town Board members thanked Mr. Kohn for
visiting the Town and wished him well in his pursuit.
Town Assessor, David Briggs, spoke to the Town
Board about amending the status for Aged Exemptions for
Town residents. The state has changed the procedure to
accomplish this. It can no longer be amended by
Resolution. It now requires a Local Law. Because of set
time restraints, this would not affect the 1995 Tax
Roll.
Cortland County plans to amend their base limit to
equal the State, and he recommended the Town adopt the
same. The impact would be very small for Town residents
and would allow eligibility for many of the Town aged.
A Public Hearing will be scheduled later.
Other information was received recently from the
State which pertained to Veterans Exemptions. Assessor
Briggs reviewed the program. He advised most Veterans
would leave their status as is, and not change as the
State now allows. He will research this further.
Town Clerk, Pauline Parker, advised Board members
of a "New Futures '94, Local Government Forum" to be
held October 01, 1994 at Tompkins Cortland Community
College. This format for this seminar includes all
departments of municipal government. Attendance was
encouraged.
Attorney Folmer reported:
As requested, a sample of a "mowing ordinance" will
be distributed at the next meeting for review.
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SEPTEMBER 21, 1994 TOWN BOARD MEETING PAGE 3
Per Item I-8 on the agenda, he advised John
Congdon that he would need the information necessary to
prepare a Legal Notice, if a Public Hearing is to be
scheduled for the next meeting concerning his Aquifer
Permit application.
A discussion was held concerning this.
RESOLUTION #153 SET DATE FOR A PUBLIC HEARING OF
JOHN CONGDON SPECIAL AQUIFER PERMIT
Motion by Councilman O'Donnell
Seconded by Councilman Rocco
VOTES: ALL AYE ADOPTED
WHEREAS, an application for an Aquifer Special Permit
has been submitted by Mr. John Condgon, for construction
of a new structure on his property at 3845 West Road,
and was forwarded to the Town and County Planning
Boards for their review and recommendations, therefore
BE IT RESOLVED, a Public Hearing shall be scheduled for
October 05, 1994 at 7:15 p.m., as required.
Attorney Folmer reported:
Polkville: Noise Ordinance relating to trucks
There are specific provisions in the New York State
Vehicle and Traffic Law which states specific noise
levels for trucks, if left idling. It also indicates
that enforcement of the law is limited to a state agency
or the State Police in our area.
There is another law which pertains to the length
of time that a truck can be left idling. He has
requested this information, and will review and advise.
when received.
Certiorari Proceedings Filed with Town: Smith Corona,
Friendly's and NYNEX
The Supreme Court has put on hold until a discovery
process is completed. This is initiated by the people
who are seeking review of their assessments. He is
reviewing NYNEX with the Assessor.
Blodgett Mills Railroad:
Nothing to report. Advised'to patiently wait for
the Judge's decision.
South Hill Dump:
Nothing to report. Information was sent to Albany,
as requested, a few months ago.
Local Law: Aged Exemptions
He will draft a Local Law, for review, and
distribute at next meeting. Early next year is time
enough.
Councilman Rocco made a motion, seconded by
Councilman Testa, the receive and file a letter received
from the Village of Homer reporting of a meeting held to
discuss Sales Tax distribution relating to the City of
Cortland wanting the formula changed. All voting aye,
the motion was carried.
A discussion was held concerning this. No action
was taken.
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SEPTEMBER 21, 1994 TOWN BOARD MEETING PAGE 4
RESOLUTION #154 RECEIVE AND REFER PETITION TO LOWER
SPEED LIMIT ON HIGHLAND ROAD TO THE
COUNTY AND NYS DOT FOR APPROVAL
Motion by Councilman O'Donnell
Seconded by Councilman Rocco
VOTES: ALL AYE ADOPTED
WHEREAS, a petition was submitted to the Town Board from
the residents of Highland Road, requesting the speed
limit be lowered to 30 mph, due to excessive speeding in
the area, and
WHEREAS, Highland Road is designated as a Town Road,
therefore
BE IT RESOLVED, the Town Board shall hereby acknowledge
such petition, and shall receive and file, and forward
the petition to the County Highway Superintendent, for
review and recommendation, and then forwarded to the New
York State Department of Transportation, for review and
approval.
Supervisor Thorpe reported that he had received a
complaint from a resident concerning a vacant lot not
being mowed in a residential area. This same complaint
has been made several times in the past.
He has requested the attorney to provide a sample
copy for review. This would not apply to agriculture
zoned areas. He has reported that this is forthcoming.
No action was taken.
RESOLUTION #155 ADOPT ORDER PURSUANT TO TOWN LAW
SECTION 209-q (3) FOR THE NYS ROUTE
222 WATER PROJECT, SUBJECT TO TOWN
ENGINEER APPROVAL, AND SET DATE FOR
A PUBLIC HEARING AND DIRECT TOWN
ATTORNEY TO PUBLISH LEGAL NOTICE
Motion by Councilman Rocco
Seconded by Councilman O'Donnell
VOTES: ALL AYE ADOPTED
WHEREAS, there were filed and made available for public
inspection in the Office of the Town Clerk of the Town
of Cortlandville, Cortland County New York, general
plans relating to the establishment of a water
improvement project for the Cortlandville area of Route
222 between Lyncourt Drive and NYS Route 281 and
designated, Route 222 Water Improvement Project - 1994,
as required by Section 209-q and 209-c of the Town Law;
and
WHEREAS, the proposed improvement consists of the
construction of an extension to existing water mains in
a westerly direction along Route 222 for a distance of
approximately 7400 feet to provide service for
additional residential and commercial residents of said
area in accordance with the said plans now on file in
the office of the Town Clerk of the Town of
Cortlandville; and
WHEREAS, the maximum amount proposed to be expended for
said improvement is $304,000.00; and
WHEREAS, the proposed method of financing of said
improvement is by the issuance of bonds of the Town of
Cortlandville in the principal sum of $304,000.00; all
future costs including the repayment of the principal
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SEPTEMBER 21, 1994 TOWN BOARD MEETING PAGE 5
and interest of such bonds 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 hereby proposed that all lots or parcels of the Town
of Cortlandville outside of Villages, capable of being
serviced by the "Sewer Article 12-C" Sewer Improvements
heretofore and hereafter provided, are lots or parcels
benefitted by the proposed sewer improvement; and the
cost of the proposed sewer project and all previous
improvements shall be spread upon and over the enlarged
benefitted area, all of such improvements constituting
one water system. The following parcels designated on
the 1989 Cortland County Real Property Tax Maps as
Cortlandville tax parcels, will be benefitted by the
said improvement as will those parcels previously
identified by action of the Town Board as benefitted by
previously authorized and constructed water
improvements.
TAX MAP PARCEL NUMBERS: 86.13-01-37.2, 86.13-01-38,
86.13-01-37.1, 86.13-01-41, 86.13-01-42, 86.13-01-43,
86.13-01-44, 86.13-01-46, 86.13-01-45, 85.20-01-19,
85.20-01-20, 85.20-01-11, 85.20-01-12, 85.20-01-13,
85.20-01-14, 85.20-01-15, 85.20-01-16, 85.20-01-17,
85.20-01-36, 85.20-01-18, 85.20-01-37, 95.00-03-01,
95.00-04-32, 95.00-04-23, 95.00-04-14, 95.00-04-33,
95.00-05-15, 95.00-05-01, 95.00-05-02, 85.16-02-05,
85.16-02-10, 85.16-02-09, 85.16-02-08, 85.16-02-07,
85.16-02-06, 95.06-01-01, 95.06-01-02.
WHEREAS, it is further proposed that the cost 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
WHEREAS, a short form Environmental Assessment Form has
been prepared pursuant to the State Environmental
Quality Review Act, and is available for review by the
public at the Cortlandville Town Hall;
IT IS HEREBY ORDERED, that a meeting of the Town Board
of the said Town of Cortlandville shall be held at the
Town Hall, 3577 Terrace Road, Cortland, New York on the
5th day of October, 1994 at 7:30 p.m. o'clock in the
evening of that day to hear all persons interested in
the proposed water improvement, and for such other
action of said Town Board with relation to the said
water improvement as may be required by law or be deemed
proper.
Councilman Testa made a motion, seconded by
Councilman Rocco, to recess the regular meeting and
convene to an executive session in the matter of a
personnel problem. All voting aye, the motion is
carried.
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SEPTEMBER 21, 1994 TOWN BOARD MEETING PAGE 6
The following information was received from the
Supervisors office.
Councilman Testa made a motion, seconded by
Councilman O'Donnell, to adjourn the executive session
and reconvene to the regular meeting. All voting aye,
the motion was carried.
No action was taken.
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 6:05 p.m.
c
Resp ctfu ly sub fitted,
x,
Pauline H. Parker, CMC
Town Clerk
Town of Cortlandville
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