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Home My WebLink About11-02-1994Wednesday, November 02, 1994 7:00 P.M. PUBLIC HEARING AQUIFER PERMIT - CORTLAND WATER BOARD A Public Hearing was held by the Town Board of the Town of Cortlandville at the Town Hall, 3577 Terrace Road, Cortland, New York, on November 02, 1994 at 7:00 P.m. in regards to an Aquifer Permit to construct a water storage facility on Saunders Road, in the Town of Cortlandville. Members present: Supervisor, Raymond Thorpe Councilman, Theodore Testa Councilman, Edwin O'Donnell Councilman, Ronal Rocco Councilman, John Pilato Town Clerk, Pauline Parker Others present: Town Attorney, John Folmer; Town Bookkeeper, Marcia Hicks; Doug Withey and John Helgren from Cortland Water Board; Thomas Casey of Sammons Communications and Newsreporter, Trish Hansen. Supervisor Thorpe order at 7:00 p.m. The Town Clerk posted and filed. called the Public Hearing to read aloud the Legal Notice as Supervisor Thorpe stated that the County Planning Board and the Town Planning Board approved the conditional permit and Aquifer Permit, with conditions, for the construction of a water tank on Saunders Road. The conditions were: Two row of 5'-6' evergreens around the perimeter of the fence; no lighting at this time except motion detector activated lights in parking area. Doug Withey, Supt. of the Cortland Water Board and John Helgren answered questions of the Board. The tank will be similar to the one we constructed on Blue Creek Road, but larger. It will be 180' around and 1.5' deep. The tank will be balanced with the tank located on the SUNY Campus. The conditions set by -the Town Planning Board were discussed. It was agreed that a reasonable time restraint be placed for the planting of the trees. No other comments were heard. Councilman Testa made a motion, seconded by Councilman O'Donnell, to close the Public Hearing. All voting aye, the motion was carried. Public Hearing was closed at 7:05 p.m. 1 2�8 Wednesday, November 02, 1994 7:00 P.M. PUBLIC HEARING PRELIMINARY BUDGET FOR THE YEAR 1995 A Public_ Hearing was held by the Town Board of the Town of Cortlandville at the Town Hall, 3577 Terrace Road, Cortland, New York, on November 02, 1994 at 7:00 p.m. in regards to the 1995 Preliminary Budget of the Town. Members present: Supervisor, Raymond Thorpe Councilman, Theodore Testa Councilman, Edwin O'Donnell Councilman, Ronal Rocco Councilman, John Pilato Town Clerk_, Pauline Parker Others present: Town Attorney, John Folmer; Town Bookkeeper, Marcia Hicks; Doug Withey and John Helgren from Cortland Water Board; Thomas Casey of Sammons Communications and Newsreporter, Trish Hansen. Supervisor Thorpe called the Public Hearing to order at 7:00. The Town Clerk read aloud the Legal Notice as posted and f:i.led. Supervisor Thorpe stated that the current Town and Village taxes are $1.55 per $1,000. THe 1995 tax, rate will remain the same. The Fire tax rate will remain the same at $2.31 per $1,000. The Benefit tax for Water and Sewer will increase slightly. This has not been computed yet. The proposed tax rate has remained constant, without knowing what will happen with the sales tax revenue. We estimated that it will be slightly above what we have received. Because the County Legislature has not made an commitment at this time, we had no other alternative. No other comments were heard. Supervisor Thorpe reviewed the rates for the Town since 1990. The Town tax rate was reduced, by half, in 1994 due to the Town electing to keep all of the sales tax, instead of applying to the County tax. A lot of growth has occurred in the Town. Councilman Rocco made a motion, seconded by Councilman O'Donnell, to close the Public Hearing. All voting aye, the motion was carried. The Public Hearing was closed at 7:10 p.m. Wednesday, November 02, 1994 7:00 P.M. TOWN BOARD MEETING The Regular Meeting of the Town Board of the Town of Cortlandville was held at the Town Hall, 3577 Terrace Road, Cortland, New York, on November 02, 1994, at 7:10 p.m. with Supervisor Raymond Thorpe presiding, following two Public Hearings. Members present: Supervisor, Raymond Thorpe Councilman, Theodore Testa Councilman, Edwin O'Donnell Councilman, Ronal Rocco Councilman, John Pilato Town Clerk, Pauline Parker Others present: Town Attorney, John Folmer; Town Bookkeeper, Marcia Hicks; Doug Withey and John Helgren from Cortland Water Board; Thomas Casey of Sammons Communications and Newsreporter, Trish Hansen. Privilege of the floor was granted to Thomas Casey, Manager of Sammons Communications. He informed the Town Board of the pending sale of Sammons Communications to Fanch Communications, and answered questions. It will be necessary for this Board to approve the franchise transfer to complete the sale. RESOLUTION #172 AUTHORIZE TRANSFER OF CABLE TELEVISION FRANCHISE FROM SAMMONS COMMUNICATIONS OF NEW YORK INC. TO FANCH COMMUNI- CATIONS OF NEW YORK L.P. Motion by Councilman Rocco Seconded by Councilman. O'Donnell VOTES: ALL AYE ADOPTED WHEREAS, the cable television franchise in the Town of Cortlandville is currently owned and operated by Sammons Communications of New York, Inc., and WHEREAS, the Town Board has received a request from the Franchisee for approval to assign the franchise and transfer the Agreement from the Franchisee to Fanch Communications of New York, L.P. ("Fanch");, therefore BE IT RESOLVED, that the sale, transfer, and assignment to Fanch of the rights, responsibilities and benefits of the Franchisee under the Agreement is hereby permitted and approved; and BE IT FURTHER RESOLVED, the Agreement is in full force and effect without default hereunder by the Franchisee to the date hereof in accordance with its terms and conditions as set forth therein; and BE IT FURTHER RESOLVED, that Fanch, as assignee and transferee of the Franchisee, does from and after the effective date of the transfer of the Agreement assume and agree to perform each and every obligation of the Franchisee under the Agreement; and BE IT FURTHER. RESOLVED, the consent to transfer herein provided shall be effective upon and only effective concurrent with the Closing of the asset sale by Franchisee to Fanch and Fanch and/or Franchisee shall notify the Town Board of the Town of Cortlandville promptly upon the Closing of such transaction. f] i 2`8' NOVEMBER 2, 1994 TOWN BOARD MEETING PAGE 2 Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and file the Cortlandville Planning Board Minutes of September 27, 1994. All voting aye, the mot' -ion was carried. RESOLUTION #173 AUTHORIZE PAYMENT OF VOUCHERS NOVEMBER Motion by Councilman Rocco Seconded by Councilman Pilato VOTES: ALL AYE ADOPTED General Fund A Voucher #398 - 418 $ 6,777.41 General Fund B 87 - 94 $ 3,931.21 Highway Fund DB 406 - 422 $66,139.09 Water Fund 264 - 269 $ 1,058.89 Sewer Fund 126 - 129 $ 1,318.94 Capital Projects 28 $ 490.00 Supervisor Thorpe offered Privilege of the Floor to those in attendance. No comments were heard. RESOLUTION #174 DECLARE TOWN BOARD AS LEAD AGENT - DECLARE NEGATIVE IMPACT FOR AQUIFER SPECIAL PERMIT #8 OF 1994 - CORTLAND WATER BOARD Motion by Councilman Rocco Seconded by Councilman Testa VOTES: ALL AYE ADOPTED WHEREAS, an Aquifer Special Permit application, #8 of 1994, was submitted by Cortland Water Board for the construction of a new water storage facility for the use of providing water to the City of Cortland, and WHEREAS, the Cortland County Planning Board and the Town Planning Board have reviewed and recommended approval of this project, with conditions, and WHEREAS, a Public Hearing was duly held by the Town Board, and WHEREAS, the Town Board has completed the short Environmental Assessment Form for SEQRA, therefore BE IT RESOLVED, the Town Board is hereby declared as Lead Agent, and further RESOLVED, the proposed project of Cortland Water Board shall have no significant impact on the environmental. RESOLUTION #175 APPROVE AQUIFER SPECIAL PERMIT #8 OF 1994 FOR CORTLAND WATER BOARD WITH CONDITIONS Motion by Councilman O'Donnell Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby approve Aquifer Special Permit #8 of 1994, submitted by Cortland Water Board with the following conditions:, 288 NOVEMBER 02, 1994 TOWN BOARD MEETING PAGE 3 1.) Two rows of 5'- 6' evergreen trees around perimeter of the fence. 2.) No lighting at this time except motion detector activated lights in parking area. 3.) Planting of the trees will be done no later than one year after the facility goes on line. RESOLVED, the Supervisor is hereby authorized to sign the application. Councilman O'Donnell requested the Town Attorney_ to report on the following: Code Violations in Blodgett Mills: He is preparing a draft of violations and information, but more review is necessary. Blodgett Mills Railroad Crossing, North End: He plans to initiate the proceedings after the new year. Councilman O'Donnell reported that the South end crossing is in disrepair. He stated that the railroad tracks are raised real high. A resident's wheels got hung -up on the tracks and had to be pushed off. A discussion was held whereby Attorney Folmer will request our Highway Superintendent to make a report of the problem and forward the report to the NYS DOT and the Railroad, and see if they respond. It is unknown how or when, the "surfacing and rehabilitation of the crossing" will occur. Concern was expressed about snow plowing in the winter. Councilman O'Donnell made a motion, seconded by Councilman Pilato, to receive and file a letter from NYS DOT regarding the speed limit on Highland Road. All voting aye, the motion was carried. The letter was in response to the request to lower the speed limit on Highland Road. The letter also advised that NYS DOT has instituted a new procedure to expedite the completion of speed zone requests. Supervisor Thorpe will review this with Town and County Highway Officials, and others necessary, to see if we can accomplish this. It would be a benefit to our residents if we could determine the speed on Town roads. RESOLUTION #176 ACKNOWLEDGE NOTIFICATION FROM NYS D.O.T. WITHDRAWING THE APPLICATION FOR A NEW RAIL SPUR ON LUKER ROAD Motion made by Councilman Testa Seconded by Councilman Pilato VOTES: ALL AYE ADOPTED BE IT RESOLVED, that notification has been received from NYS D.O.T. that they have withdrawn their application for a new rail spur on Luker Road, and notice shall be received and filed. Councilman Rocco asked Tax Collector, Pauline Parker, for information regarding installment payments of taxes. He has had mentioned to him of other areas of the state doing this. 2" 8 9 NOVEMBER 02, 1994 TOWN BOARD MEETING PAGE 4 She reported that some counties are doing this. Discussions she has had with other collectors do not report any benefits. Our County is discussing this at the present time, of which she has provided information to our legislatures at different times. The City of Cortland and their School District do this now. They can pay in two installments but they are both due at the same time, February and August. Doing this becomes more costly, as it creates more confusion, problems and paperwork. The taxpayers of the Town that own property in the Cortland City School District are the ones that benefit. Changing to installment payments would require more time to pay the money due the Town, which would reduce the revenues for investing, and even longer for the County to receive their monies. A discussion was held concerning this. Attorney Folmer reported: Sewer Easement on Fisher Ave. at the Health Center: The Town Engineer has requested the Village of Homer to convey their portion of a sewer right-of-way, to the Town. He has discussed this with Mayor Bellardini, and has sent her a reap to review. This should be forthcoming soon. Bond Anticipation Notes conversion to Bonds: He has talked with our Bond Council and reported that this can be done in one - two weeks. RESOLUTION #177 REAPPOINT CHARLES PROCTOR TO THE BOARD OF ASSESSMENT REVIEW Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, that the Town Board does hereby reappoint Charles M. Proctor, 989 Blue Creek Road, Cortland, NY, to the Board of Assessment Review for a five year term, commencing October 01, 1994, and shall expire September 30, 1999. RESOLUTION #178 AUTHORIZE BUDGET TRANSFER FOR WATER AND SEWER CAPITAL PROJECTS Motion by Councilman Rocco Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, that the Budget Officer is hereby authorized and directed to transfer $75.53 from the Water Surplus Funds and deposit to the Route 222 Water Capital Project and transfer $956.90 from the Sewer Surplus Funds and deposit $150.00 to the Luker Road Sewer Extension Capital Project and deposit $806.90 to the Mid Town Sewer Capital project. 2900 NOVEMBER 02, 1994 TOWN BOARD MEETING PAGE 5 RESOLUTION #179 AWARD BID FOR MID -TOWN SEWER PROJECT LUKER ROAD SEWER & KINGSLEY AVENUE WATER PROJECT TO MASCIARELLI CONST. CONTINGENT OF TOWN ATTORNEY REVIEW Motion by Councilman Rocco Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED WHEREAS, bids were advertised for the Mid -Town Sewer Project, Luker Road Sewer & Kingsley Avenue Water Project, and WHEREAS, bids were opened on October 24, 1994 and referred and given to Town Engineer, Hayne Smith for review as follows: Bat -Con, Inc. $1,170,000.00 4277 Slate Hill Rd Marcellus, NY 13108 G. DeVincentis $ 982,821.38 7 Belden Street Binghamton, XY 13903 R.L. Stever & Assoc. $1,168,102.82 319 Chaumont Drive Endwell, NY 13760 Masciarelli Const. $ 781,315.10 784 Conklin Road Binghamton, NY 13903 LRS Excavating $ 981,100.00 24 Ross Road Lansing, NY 14882 Vacri Const. $ 955,000.00 One Brick Avenue Binghamton, NY 13901 Stan Payne Const. $ 976,000.00 415 Beach Road Apalachin, NY 13732 M.A.C. Develop. Corp. $ 953,814.00 5324 South Jefferson St. P.O. Box 728 Mexico, NY 1311.4 THEREFORE, BE IT RESOLVED, that the bid is hereby alaarded to the low bidder, Masciarelli Const. for the Mid -Town Sewer Project, Luker Road Sewer & Kingsley Avenue Water Project, in the amount of $781,315.10, contingent upon Town Attorney review and approval. RESOLUTION #180 AUTHORIZE TOWN ATTORNEY TO PREPARE DOCUMENTS FOR LYNCORT DRIVE WATER IMPROVEMENT PROJECT, AT AN ESTIMATED COST OF $74,000.00 Motion by Councilman Rocco Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, that the Town Attorney is hereby authorized and directed to prepare the necessary documents for Lyncort Drive Water Improvement Project, at an estimated cost of $74,000.00. NOVEMBER 02, 1994 TOWN BOARD MEETING PAGE 6 RESOLUTION #181 RECEIVE LISTING OF WATER AND SEWER AGED ACCOUNTS Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, the listing of water and sewer aged accounts for 1994 is hereby received and filed, as required. Supervisor Thorpe informed the Town Board that he has been made aware of a problem at 21 Lorraine Drive, which is located within the Cortland Estates Mobile Horne Park. A resident at that location has been without water for 8 days. Mr. Thorpe attempted to contact the owner of the property, Mr. Burnham. He left a message, but Mr. Burnham has not returned the call. He then contacted the caretaker at the trailer park, who advised that they T•rere concerned about it, but done nothing. After several days, Mr. Thorpe contacted Jim Fuess of the Cortland County Health Department with these concerns. Mr. Fuess, hand delivered an order on October 31, 1994, from the Cortland County Health Department, for immediate action or a temporary water line to the trailer at 21 Lorraine Drive. A letter was received today from Mr. Feess advising that nothing has been done. His department will follow up on this. We, as a Town, cannot do anything on private property. Problems of this nature have happened there before. It is the owners responsibility to fix the problem. RESOLUTION #182 AUTHORIZE WILLIAM THOMAS TO ASSIST WITH BOOKKEEPING DUTIES AS NEEDED Motion by Councilman Rocco Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED WHEREAS, Town Bookkeeper, Marcia Hicks, is scheduled to have surgery November 07, 1994 and could be out of work for about 3 ?.weeks, therefore BE IT RESOLVED, that William Thomas is hereby authorized to perform such duties, as needed, at a cost of $30.00 per hour. Councilman Rocco made a motion, seconded by Councilman O'Donnell, to adjourn the regular meeting. All voting aye, the ,lotion was carried. The regular meeting was adjourned at 8:00 n.m. Resp rctful sqbmitted, Pauline Parker, MC Town Clerk Town of Cortlandville