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HomeMy WebLinkAbout07-19-199593 JULY 19, 1995 5:00 P.M. PUBLIC HEARING ROUTE 215 WATER STORAGE TANK PROJECT - 1995 A Public Hearing was held by the Town Board of the Town of Cortlandville on July 19, 1995 at 5:00 p.m. at the Cortlandville Town Hall, 3577 Terrace Road,' Cortland, New York, concerning the construction of a new Water Storage Tank on Route 215 in the Town. 40 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; Highway Superintendent, Carl Bush; Town Typist, Edna Puzo; and news reporter, Lisa Hutchurson. The Public Hearing was called to order by Supervisor Raymond Thorpe at 5:00 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. No questions were heard. The Public hearing was closed at 5:05 p.m. Ll JULY 19, 1995 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, 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; Highway Superintendent, Carl Bush; Town Typist, Edna Puzo; and News reporter, Lisa Hutchurson. Councilman O'Donnell made a motion, seconded by Councilman Rocco, to approve, as written the Cortlandville Town Board Minutes of June 07, 1995. All voting aye, the motion was carried. Councilman O'Donnell made a motion, seconded by Councilman Rocco, to receive and file the Cortlandville Planning Board Minutes of May 30, 1995 and June 27, 1995. All voting aye, the motion was carried. RESOLUTION #135 AUTHORIZE PAYMENT OF VOUCHERS JULY Motion by Councilman Testa 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 #295 - 313 $35,606.08 General Fund B 88 - 102 $35,614.16 Highway Fund DB 259 - 286 $17,314.13 Water Fund 171 - 186 $ 6,031.66 Sewer Fund 87 - 93 $ 6,073.38 Capital Projects 35 - 37 $82,644.63 Reports for the month of June 1995 of the Code Enforcement Officer and the Justice Department, are on the table for review, and are available, upon request, in the Town Clerk's Office. Councilman O'Donnell made a motion, seconded by Councilman Rocco, to receive and file a copy of the letter sent to County Legislator,Theodore D. Law, from John A. Fitch, Mayor of the Village of McGraw. All voting aye, the motion was carried. The letter requested a bridge be placed at the western side of the Village to replace the closing of the Bennett St. bridge. Attorney Folmer reported that recently a wind storm occurred that downed some trees in the Village of McGraw area which blocked off the main entrances into McGraw. Because of the closing of the bridge, it would have been a difficult task for any emergency vehicle to get to areas in the Village. A discussion was held concerning this. No action was taken. • 1 101 JULY 19, 1995 TOWN BOARD MEETING PAGE 2 RESOLUTION #136 ADOPT RESOLUTION PURSUANT TO TOWN LAW SECTION 209-(6)(c) "ROUTE 215 WATER STORAGE TANK PROJECT - 1995 Motion by Councilman Testa 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 "Route 215 Water Storage Tank Project - 1995", as required by Section 209-q and 209-c of Town Law; and WHEREAS, an Order was duly adopted by the Town Board on July 05, 1995 reciting the filing of said general plans, the construction proposed, and the estimated expense thereof and specifying July 19, 1995, at 5:00 p.m. as the time and the said Town Hall in the 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 p.m. at the 19th day of July, 1995 the Town Hall in the said commencing at 5:00 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 Theodore Testa, 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 construct the aforesaid water tank is in the public interest, and it is further, RESOLVED AND DETERMINED, all costs, including the principal and interest on said 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 by "Article 12-c" Water Improvement heretofore and hereafter provided, are lots or parcels benefited by the proposed water tank project and all previous improvements shall be spread upon and over the enlarged benefitted area, all of such improvements constituting one water system, and WHEREAS, it is further proposed that the costs of management, miaintenance, 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 the 102 JULY 19, 1995 TOWN BOARD MEETING PAGE 3 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 "Route 215 Water Storage Tank Project - 1995', and it is further RESOLVED AND DETERMINED, that the proposed improvement, including costs and rights of way, construction costs, legal fees, engineering and consultant fees, and all other expenses approximated to be a maximum of $837,000 shall be financed by the issuance of bonds by the Town of Cortlandville for maximum term of forty years at prevailing interest rates, and it is further RESOLVED AND DETERMINED, 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 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) A discussion was held concerning a letter received from Michael Stokoe of Quail Ridge. Some of the residents in that area want street lights, others do not. He requested information for installing a different style street light fixture, and sent examples. A discussion was held whereby it was the consensus of the Town Board that residential areas of the Town will be given only two choices, both being standard lights, that are used now. It would not be feasible to create several lighting districts. Supervisor Thorpe will contact Mr. Stoke to inform him of the choice of light, and advise him that all residents must agree. RESOLUTION #137 AUTHORIZE HIGHWAY SUPT. TO INSTALL A STREET LIGHT AT THE INTERSECTION OF :BLUE CREEK ROAD AND ALEXANDRIA DRIVE Motion by Councilman Testa Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED, The Highway Supt. is hereby authorized to request Niagara Mohawk to install a street light at the intersection of Blue Creek Road and Alexandria Drive, for public safety. Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and file a notice received from Pizza Hut of American, Inc., advising of the renewal of their beer license for their restaurant located at 259 Tompkins Street. All voting aye, the motion was carried. 103 JULY 19, 1995 TOWN BOARD MEETING PAGE 4 Councilman Rocco made a motion, seconded by Councilman O'Donnell, to receive and file a letter received from NYS DOT regarding the petition to reduce the speed limit on Highland Road. All voting aye, the motion was carried. The letter acknowledged receiving the request and advised of their new procedure for such requests. Councilman Rocco ® Councilman O'Donnell, letter received from NYS reduce the speed limit the motion was carried. A discussion was believes there decision were heard. made a motion, seconded by to receive and file the denial DOT, regarding the petition to on McLean Road. All voting aye, held whereby the Town Board was unjustified. Many concerns Copies of this denial were sent to Mr. Gerald Cornell and the Dryden School District. Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and file a "Notice of Petition" regarding the assessment of the Ames Department Store in the Town of Cortlandville. All voting aye, the motion was carried. Councilman O'Donnell made a motion, seconded by Councilman Rocco, to receive and file a "Notice of Petition" regarding the assessment of Friendly Ice Cream Corp. All voting aye, the motion was carried. Attorney Folmer reported on the following: Re: Smith Corona Bankruptcy: The Water and Sewer Dept. has received a petition for a proposed preliminary order of Bankruptcy for Smith Corona, located on Route 13 in the Town. This order restrains the Town from discontinuing water and sewer services, if payment is not received. Mr. Folmer will send a letter to the Water and Sewer Dept. to advise them of procedure. Re: Litigation of Cellular Tower and Town ZBA: The matter has been settled in Court and there will be no further liability to the Town. The Town Planning Board has not made a decision yet concerning their review of the Conditional Permit application, to construct a cellular tower on Locust Avenue. ® A discussion followed concerning this. Attorney Folmer reported on the status of the project. Praise was expressed for the fine manner and procedure of the involved Boards. Re: Renewals of BAN's and obtaining more BAN's: During discussions with the bank and bond council in New York, they have advised us to renew the BAN's, which have expired, for another year and obtain one BAN for the five water and sewer improvement projects that are pending now. It is anticipated that these projects will be completed by next year. Then we can proceed with one bond issuance to finalize the projects, as we have done in the past. A discussion followed concerning this. 104 JULY 19, 1995 TOWN BOARD MEETING PAGE 5 RESOLUTION #138 AUTHORIZE CONSOLIDATION OF FIVE WATER AND SEWER IMPROVEMENT PROJECTS INTO ONE BOND ANTICIPATION NOTE Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE ADOPTED WHEREAS, the Town needs to purchase Bond Anticipation Notes for five approved water and sewer improvement projects, and renew the expired BAN's, and WHEREAS, it is the intent of this Town Board to combine these projects into one bond upon completion, therefore BE IT RESOLVED, the Town Attorney is hereby authorized and directed to request First National Bank of Cortland to issue the necessary Bond Anticipation Notes to continue with these projects, as required. Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and file a letter from Mr. Stanley G. Kullman for the Trustees of the Lamont Memorial Library. All voting aye, the motion was carried. The letter requested an increase of financial support from the Town when the Town Board prepares next years budget for the contract agreement for the Lamont Memorial Library in the Village of McGraw. RESOLUTION #139 SET DATE FOR A PUBLIC HEARING FOR .AQUIFER PERMIT REQUEST OF CARL L. SAVINO AND RICHARD H. OSBORNE FOR 'WALDEN OAKS GOLF COURSE Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE ADOPTED WHEREAS, an application for an Aquifer Special Permit submitted by Carl L. Savino and Richard H. Osborne, for an expansion of the 'Walden Oaks Golf Course, therefore BE IT RESOLVED, a Public Hearing will be scheduled for August 02, 1995 at 7:00 p.m. for an Aquifer Permit review. RESOLUTION #140 .AUTHORIZE CASH ADVANCE FOR CAPITAL IMPROVEMENT PROJECTS Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Budget Officer is hereby authorized and directed to transfer $4,399.07 from Water Surplus Funds into the Kingsley Ave. Water Improvement,Project, and further RESOLVED, to transfer $78,269.75 from Sewer Surplus Funds into the Mid Town Sewer Improvement Project. 1 is 1 1 105 JULY 19, 1995 TOWN BOARD MEETING PAGE 6 RESOLUTION #141 AUTHORIZE HIGHWAY SUPT. TO LET OUT FOR BID FOR ONE NEW DUMP BODY AND PLOW EQUIPMENT FOR ONE TRUCK CHASSIS Motion by Councilman Rocco Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Highway Superintendent, Carl Bush, is hereby authorized to let out for bid for one new dump ® body and plow equipment for one new truck chassis, and RESOLVED, sealed bids will be opened on August 14, at 3:00 p.m., and awarded on August 16, 1995. 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 5:40 p.m. al sub itted, Pauline H. Parker, CMC Town Clerk Town of Cortlandville is