HomeMy WebLinkAbout02-07-1996179
FEBRUARY 07, 1996
TOWN BOARD MEETING
7:00 P.M.
The Regular Meeting of the Town Board of the Town
of Cortlandville was held 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
Councilman,
John Pilato
Town Clerk,
Pauline Parker
Others present were: Town Attorney, John Folmer;
Highway Supt, Carl Bush; Town Typist, Edna Puzo; Town
Engineer, Hayne Smith; Town Historian, Alice Blatchley;
Town residents Henry Cusson of Kellogg Road; Mr. and
Mrs. Frank Burkle of Carr Hill Road, and Vicky Boyle of
Page Green Road; and news reporter, Keith Doherty.
The Meeting was called to order by Supervisor
Raymond Thorpe at 7:00 p.m.
Councilman O'Donnell made a motion, seconded by
Councilman Pilato, to approve,
as written, the Town
Board Minutes of December
06,
1995 and December 20,
1995. All voting aye, the
motion
was carried.
Councilman O'Donnell
made
a motion, seconded by
Councilman Testa, to receive and
file the Planning Board
Minutes of December 27,
1995.
All voting aye, the
motion was carried.
Councilman O'Donnell made a motion, seconded by
Councilman Testa, to receive and file the Zoning Board
of Appeals Minutes of December 27, 1995.
RESOLUTION #42 AUTHORIZE PAYMENT OF VOUCHERS
FEBRUARY
Motion by Councilman O'Donnell
Seconded by Councilman Pilato
VOTES: ALL AYE ADOPTED
General Fund A
Vouchers # 36
- 71
$20,221.17
• General Fund B
10
- 14
$ 4,761.93
Highway Fund DB
18
- 51
$38,220.09
Water Fund
11
- 29
$63,941.82
Sewer Fund
9
- 21
$82,653.93
Privilege of
the floor was
granted
to those in
attendance.
Henry Cusson, of 3539 Kellogg Road asked if
something could be done in his area to prevent further
flood damage. He suggested that the Army Corp of
Engineers might be contacted and requested to study the
problem and try to fix it. He thought the road needs to
be raised at that location. He was- a member of this
group at one time and this experience would be a good
training exercise for them. This situation occurs every
year.
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FEBRUARY 07, 1996 TOWN BOARD MEETING PAGE 2
Supervisor Thorpe responded that nothing has been
done but it could be reviewed.
Supervisor Thorpe advised that a meeting will be
held on February 08, 1996 at 1:00 p.m. in Cortland
relating to the flood damages that occurred recently.
Councilman O'Donnell and Highway Supt, Carl Bush will be
in attendance to discuss what should be done in the
future to prevent the serious problems which occurred
and also what procedures need to be followed for those •
who have property damage, and the procedures to apply
for financial aid to compensate for the damages.
Reports of January 1996 of the Town Clerk, Tax
Collector, Code Enforcement Officer and Supervisor, are
on the table for review, and filed in the Town Clerks
office.
Town Historian, Alice Blatchley, discussed her
activities of this past year and presented the Annual
Historian Report.
RESOLUTION #43 RECEIVE ANNUAL REPORT FOR 1995
OF TOWN HISTORIAN
Motion by Councilman O'Donnell
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby receive the
1996 Annual Report of the Town Historian, and shall be
received and filed.
Councilman O'Donnell made a motion, seconded by
Councilman Testa, to receive and file the correspondence
from KeyCorp and Mellon Bank. All voting aye, the motion
was carried.
The letters reported that Mellon Bank has recently
completed its acquisition of KeyCorp's Bond Service
Business. This relates to our Public Improvement Bond
of 1991.
Supervisor Thorpe asked of the status regarding
the code violations of Robert Swift's property at 2962
Route 11.
Attorney Folmer will discuss this matter with CEO
Bruce Weber, and proceed accordingly, if necessary.
RESOLUTION #44 AUTHORIZE EXTENSION OF TIME FOR TAX
COLLECTION TO JUNE 01, 1996
Motion by Councilman Rocco
Seconded by Councilman O'Donnell
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Supervisor is hereby authorized and
directed to sign and forward a request for an extension
of the tax collection program until June 01, 1996, to
the Cortland County Treasurer, in compliance with
Section 938 of the Real Property Tax Law.
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FEBRUARY 07, 1996 TOWN BOARD MEETING PAGE 3
RESOLUTION #45 DESIGNATE MCGRAW CENTRAL SCHOOL AS
A POLLING PLACE FOR TOWN RESIDENTS
WITHIN LEGISLATIVE DISTRICT 12-2
Motion by Councilman Rocco
Seconded by Councilman O'Donnell
VOTES: ALL AYE ADOPTED
WHEREAS, the voters of the Town that reside in
Legislative District 12-2 have voted at the Old Fire
® Station in the Village of McGraw for many years and the
Village of McGraw has sold that building, and
WHEREAS, the McGraw School has conducted their elections
in the lobby at the school and the Village of McGraw has
elected to conduct their voting at the school lobby as
this location is handicap accessible and more convenient
than other locations considered, therefore
BE IT RESOLVED, that the Town Board does hereby
designate the lobby at McGraw Central School as a
polling place for the Presidential Primary, to be held
on March 7, 1996 for the residents of the Town that
reside in Legislative District 12-2, pending school
approval, and further
RESOLVED, the Supervisor is hereby requested to contact
the McGraw Central School to request use of their
facilities for Election purposes.
The Town Clerk/Tax Collector had distributed
information to the Town Board, for review, relating to
the impact to the Town as a result of the extension of
time of the penalty free period. Comparing this years
report to last year, it showed a small impact as more
penalties are collected at the end of the month. As a
result of the penalty free extension, the main impact to
the Town, was the work load on the Clerks office. 80%
of the taxes were collected this year in January, which
compares to the same as past years. The average tax
bill of homeowners was paid before the extension as many
of them are in escrow.
There was a discussion regarding the State
Legislature extending the January tax deadline to the
end of February without penalty. This Town Board has
approved the extension of the tax deadline to February
09, 1996 without penalty. Unless the State passes
further legislation, that will be the end of it.
Attorney Folmer reported on the following:
Zoning violations of Gerald Darling, Page Green
Road: It has been
reported that all
of necessary
corrections have not
been accomplished.
Mr. Folmer has
discussed this matter
with Mr. Darling's
Attorney, and
he will be in contact
with him again next
week. He will
have more information
later.
Zoning violation of ,residence in Blodgett Mills:
The County Health Department has also issued a notice of
violation. The property is in non-compliance with
health codes. The property owner made him aware of
this.
Historian display in Court House: Mr. Folmer stated
to Town Historian, Alice Blatchley that there is a great
response to her Historian Valentine display located in
the rotunda at the Cortland County Court House.
FEBRUARY 07, 1996 TOWN BOARD MEETING PAGE 4
NYS Bar Association Meeting: He attended the NYS
Bar Meeting and learned valuable information regarding
transmission towers and television antennas, and their
impact on Planning and Zoning Ordinances. He will share
this info with our boards. Also discussed was the
regulations of adult entertainment and other municipal
nuisances.
Water and Sewer Improvement Projects: Has the
order with him tonight for the adoption of the order for
two of the projects. He discussed procedures again with
the Town Board.
RESOLUTION #46 ADOPT ORDER PURSUANT TO TOWN LAW
SECTION 209-q(3) "COMMONS AVENUE
WATER AND SEWER EXTENSION - 1996"
Motion by Councilman Pilato
Seconded by Councilman Rocco
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 "Commons Avenue Water and Sewer
Extension - 1996", as required by Sections 209-q and
209-c of the Town Law; and
WHEREAS, the proposed improvement consists of the
construction of water and sewer extensions to service
additional areas of the Town of Cortlandville in the
area of Commons Avenue and providing for expansion of
water and sewer service in the Town, in accordance with
the plan and report 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 $32,500; and
WHEREAS, the proposed method of financing of said
improvement is by the expenditure of funds presently on
hand; all future costs shall be borne by the lands
benefitted by such improvement and 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 "Water & Sewer Article 12-C" Water and
Sewer Improvements heretofore and hereafter provided,
are lots or parcels benefitted by the proposed water and
sewer improvement; and the cost of the proposed water
and sewer project and all previous improvements shall be
spread upon and over the enlarged benefitted area, all
of such improvements constituting one water and sewer
system; and
WHEREAS, it is further proposed that the costs of
management, maintenance, operation and repair of said
improvement 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 and sewer rates, charges and
fees upon all lots or parcels heretofore and hereafter
serviced by Town Law Article 12-C Water and sewer
Improvements; and
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FEBRUARY 07, 1996 TOWN BOARD MEETING PAGE
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 21st day of
February, 1996 at 5:00 p.m. o'clock in the afternoon
that day to hear all persons interested in the proposed
• water and sewer improvement, and for such other action
of said Town Board with relation to the said water and
sewer improvement as may be required by law or be deemed
proper.
RESOLUTION #47 DECLARE NEGATIVE IMPACT FOR COMMONS
AVENUE WATER AND SEWER EXTENSION -
Motion by Councilman O'Donnell
Seconded by Councilman Pilato
VOTES: ALL AYE ADOPTED
WHEREAS, an order was adopted for the extension of the
Towns water and sewer lines to Commons Avenue, and
WHEREAS, the Town Board, as Lead Agent, duly reviewed
and completed the Short Environmental Assessment Form,
therefore
BE IT RESOLVED, the Town Board, as Lead Agent, does
hereby declare the proposed water and sewer extensions,
Commons Avenue, shall have no significant environmental
impact, and further
RESOLVED, the Supervisor is hereby authorized and
directed to sign the SEQRA application.
RESOLUTION #48 ADOPT ORDER PURSUANT TO TOWN LAW
SECTION 209-q(3) "ROUTE 13 WATER
IMPROVEMENT PROJECT - 1996"
Motion by Councilman O'Donnell
Seconded by Councilman Rocco
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 -13 Water Improvement
• Project - 1996", as required by Sections 209-q and 209-c
of the Town Law; and
WHEREAS, the proposed improvement
consists
of the
construction of an extension of
existing water
line
southerly along Route 13 in the
neighborhood of the
former SCM facility and providing for
expansion
of water
service in the Town, in accordance
with the.
plan and
report 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 $130,000.00; 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 $130,000.00, all
future costs including the repayment of the principal
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FEBRUARY 07, 1996 TOWN BOARD MEETING PAGE 6
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 out side of Villages, capable of being
serviced by the "Water Article 12-C" Water Improvements
heretofore and hereafter provided, are lots or parcels
benefitted by the proposed water improvement; and the
cost of the proposed water 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, maintenance, operation and repair of said
improvement 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 21st day of
February, 1996 at 5:00 p.m. o'clock in the afternoon
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.
RESOLUTION #49 DECLARE NEGATIVE IMPACT FOR NYS
ROUTE 13 WATER IMPROVEMENT
PROJECT - 1996
Motion by Councilman Rocco
Seconded by Councilman O'Donnell
VOTES: ALL AYE ADOPTED
WHEREAS, there was an order adopted for the Route 13
Water Improvement Project - 1996, and
WHEREAS, the Town Board, as Lead Agent, duly reviewed
and completed the Short Environmental Assessment Form,
therefore
BE IT RESOLVED, the Town Board, as Lead Agent does
hereby declare the proposed Route 13 Water Improvement
Project shall have no significant environmental impact,
and further
RESOLVED, the Supervisor is hereby authorized and
directed to sign the SEQRA application.
There was further discussion regarding procedures
relating to Comptroller approval and the new procedure
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FEBRUARY 07, 1996 TOWN BOARD MEETING PAGE 7
adopted by the State. More information is expected next
week concerning this.
He will have the necessary information for the
Route 215 Water Storage Tank project, and the
Transmission Main Improvement Project for the next
meeting.
Supervisor Thorpe reported that salesmen have
attempted to convince the Town Engineer and himself into
buying a steel tank. He advised them that the Town Board
• prefers.a concrete tank.
Pleasure was expressed from board members relating
to our concrete tank that we have on Cosmos Hill.
A discussion was held regarding the new water tank,
to be built on Rt. 215. The project will go out to bid
in March, and hopefully will be completed by late
summer. The City will also be constructing their new
water tank and hopefully this could be a cost advantage
to both. The old tank could be used for emergency water
storage use, but cannot make this decision prematurely.
Attorney Folmer reported that he has received a
letter from NY Plains Purchasing. They offered their
services to the Town to collect any claims the Town may
have against Smith Corona Corp. Their offer would pay
the Town .05 on the $1.00, of the claim.
Supervisor Thorpe stated that the Town is not
interested unless they offer .99 of the dollar.
Councilman Rocco questioned the ordinance adopted
by the City of Cortland for Adult Entertainment. Why
does it state an Adult Entertainment establishment has
to be 1,000 feet from a Public building but only 500
feet from a Church.
Attorney Folmer stated that our proposed ordinance
states 2,000 feet from certain zoning districts in the
Town. He thinks the City ordinance means 1,000 feet
from a Public building and an additional 500 feet from a
Church. He has not seen the City ordinance but has
requested one sent to him for review, and will report
his findings.
RESOLUTION #50 RECEIVE PLANS AND DOCUMENTS FROM
RESOURCE ASSOCIATES FOR COMMONS
AVENUE WATER AND SEWER IMPROVEMENT
PROJECT
Motion by Councilman Rocco
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
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BE IT RESOLVED, the Town Board has hereby received the
plans and documents, as prepared and submitted by
Resource Associates for the Water and Sewer Improvement
Project on Commons Avenue, and accepted, based on the
recommendation and approval of the Town Engineer.
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FEBRUARY 07, 1996 TOWN BOARD MEETING PAGE 8
RESOLUTION #51 AUTHORIZE RESOURCE ASSOCIATES TO
LET OUT FOR BID THE COMMONS AVE.
WATER AND SEWER IMPROVEMENT PROJECT
AND ADVISE THEM OF DATE REQUIRED
FOR AWARDING OF THE BID
Motion by Councilman O'Donnell
Seconded by Councilman Pilato
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, Resource Associates are hereby
authorized to let out for bid the Commons Ave. Water
and Sewer Improvement Project provided that the bid
request indicates that the bid will not awarded until
on or after April 1, 1996, to accommodate the time
period required.
Councilman O'Donnell made a motion, seconded by
Councilman Rocco, to adjourn the regular meeting. All
voting aye, the motion was carried.
The Regular meeting was adjourned at 7:50 p.m.
�rRespe tfull su mitted,
Pauline H. Parker, CMC
Town Clerk
Town of Cortlandville