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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.
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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.
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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
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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.
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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.
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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
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