HomeMy WebLinkAbout03-20-1996MARCH 20, 1996
TOWN BOARD MEETING
5:00 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 Deputy Supervisor,
Theodore Testa presiding.
Members present: Dep. Supervisor, Theodore Testa
Councilman, Edwin O'Donnell
Councilman, Ronal Rocco
Councilman, John Pilato
Town Clerk, Pauline Parker
Absent: Supervisor, Raymond Thorpe
Others present were: Town Attorney, John Folmer;
Highway Supt, Carl Bush and News reporter, Sarah Fulmer.
Councilman Pilato made a motion, seconded by
Councilman O'Donnell, to approve, as written, the Town
Board Minutes of February 17, 1996. All voting aye, the
motion was carried.
Councilman O'Do:nnell made a motion, seconded by
Councilman Pilato, to receive and file the Zoning Board
of Appeals Minutes of February 27, 1996. All voting
aye, the motion was carried.
RESOLUTION #66 AUTHORIZE PAYMENT OF VOUCHERS
MARCH
Motion by Councilman O'Donnell
Seconded by Councilman Pilato
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, that the vouchers submitted have been
audited and shall be paid as follows:
General Fund A
Vouchers# 132 -
208
$26,257.58
General Fund B
19 -
23
$ 267.75
Highway Fund DB
101 -
126
$19,101.15
Water Fund
57 -
66
$ 2,930.99
Sewer Fund
39 -
48
$ 1,540.56
Privilege of the floor was given to Councilman John
Pilato. He reported that he and Highway Supt, Carl Bush
were requested at the last Town Board meeting, and have
met to discuss possible solutions regarding the flooding
problems on Bell Drive, which is caused by run-off
problems from the Renaissance development and the
hillside south of it. Mr. & Mrs. Peter Adam's have
advised that their home was nearly flooded in mid -
January because of this.
Mr. Bush recommended that we discuss this matter
with the Cortland Country Club and ask them to consider
giving an easement to the Town. This could be used as a
retention basin at that location. This would allow the
Town to maintain it, if necessary.
Water comes down from Davinci Drive, passes through
a culvert under NYS Route 281 and causes flooding on Mr.
Adam's property and others within Bell Drive. This
could also be a benefit to the property owners on
Maryland Ave, as well. He also encouraged the Town to
continue with the thought to purchase some of the
property owned by Gainey, to keep the flooding at a
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MARCH 20, 1996 TOWN BOARD MEETING PAGE 2
minimum. Mr. Adams should be encouraged to keep options
open with Assemblyman Martin Luster.
Deputy Supervisor, Ted Testa, will contact the
Country Club, to request a meeting to discuss this.
Councilman O'Donnell reported that he and
Councilman Testa plan to hold a meeting, next month,
with the residents of Blodgett Mills to update them of
the project to accomplish a picnic shelter and other
improvements at the park in Blodgett Mills.
A tentative date of April 4, 1996 was decided.
Vicky Boyle of 3087 Page Green Road, extended an
invitation to the Town Board members to come to her
home, or drive past her property on Page Green Road, to
view the accumulated junk on the property next to her.
Hopefully this can be done sometime this spring before
leaves and grass arrive. She also requested them to
review the laws, which are in effect now, and consider
others, to prevent situations like this from expanding.
A discussion was held whereby it was questioned,
"Could a private citizen bring action against
neighboring property owners who are considered to render
their property a public nuisance. The Town Attorney
explained the difference between a private nuisance and
a public nuisance, and would discourage the Town from
using this process.
Councilman O'Donnell referred to a similar code
problem in Blodgett Mills.
Councilman Rocco arrived.
RESOLUTION #67 AUTHORIZE HIGHWAY SUPERINTENDENT
TO PLACE A DRIVEWAY WARNING SIGN
ON MCCLOY ROAD IN THE TOWN
Motion by Councilman Rocco
Seconded by Councilman Pilato
VOTES: ALL AYE ADOPTED
WHEREAS, On March 06, 1996, residents of the McCloy Road
area submitted a petition requesting the Town to place a
"Children at Play" sign in that area, and
WHEREAS, Highway Supt, Carl Bush, has inspected the area
of McCloy Road, and reviewed the traffic control
information relating to road warning signs, therefore
BE IT RESOLVED, the Highway Supt. is hereby authorized
® and directed to place a "Driveway Warning" sign in the
area of McCloy Road where it is dangerous to observe the
location of a residence.
Councilman Rocco made a motion, seconded by
Councilman O'Donnell, to receive and file a letter from
David Olp, V.P. and General Manager of Barden Robeson
Corp. All voting aye, the motion was carried.
The letter expressed appreciation to the Town for
their efforts in obtaining a 30 MPH speed limit within
the Walden Oaks Subdivision.
Councilman O'Donnell made a motion, seconded by
Councilman Rocco, to receive and file the "Notice of
Order" from the NYS DOT, Traffic and Safety Division,
establishing the 30 MPH speed limit within the Walden
Oaks Subdivision. All voting aye, the motion was
carried.
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MARCH 20, 1996 TOWN BOARD MEETING
Attorney Folmer reported on the following:
PAGE 3
Public Hearing for Ambrose Aquifer permit. Will
send information to publish in the newspaper tomorrow,
with a copy to the Town CLerk.
Amend Town Parking Ordinance to include provisions
for Handicapped Parking: The draft was prepared and
sent to Town officials for review. No changes have been
suggested, and the next step is to conduct the Public
Hearing. A discussion was held whereby the Attorney
confirmed this amendment is needed by the County to
allow their SHAPE Patrol to issue tickets in the Town,
and set penalties. The SHAPE Patrol is working under the
responsibility of the Sheriff's Dept. and covered under
the County's liability policy. Handicapped Zones are
defined in the NYS Vehicle and Traffic Law.
RESOLUTION #68 SET DATE FOR A PUBLIC HEARING
REGARDING AMENDMENT OF THE TOWN
PARKING ORDINANCE FOR REGULATIONS
OF HANDICAPPED PARKING
Motion by Councilman O'Donnell
Seconded by Councilman Rocco
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, a Public Hearing will be held on April
3, 1996 at 7:00 p.m. regarding an amendment to the
Parking Ordinance of the Town of Cortlandville to
include regulations of Handicapped Parking.
New Water Improvement Projects: There will be two
projects, in addition to the Water Tank Project, to
accomplish the connections of the old water system and
the new. The Order for the first project was presented.
RESOLUTION #69 ADOPT ORDER PURSUANT TO TOWN LAW
SECTION 209-q(3) "TOMPKINS &
PLEASANT STREET WATER IMPROVEMENT
:PROJECT - 1996"
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 "Tompkins & Pleasant Street Water
Improvement Project - 1996", as required by Section 209-
q and 209-c of the Town Law; and
WHEREAS, the proposed improvement consists of the
construction of new water mains across Tompkins Street
at the intersection of McLean and Starr Roads extending
to Terrace Road where it will connect with an existing
12 inch main, and a new 6 inch water main will be
installed on Pleasant Street to replace 1 and 2 inch
pipes which are presently without hydrants, so that the
new storage tank planned by the Town and its water
system will be capable of delivering the volume of water
needed to supply users, thus accomplishing the purpose
of replacing and upgrading present facilities 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
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WHEREAS, the maximum amount proposed to be expanded for
said improvement is $190,500.00; 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 $190,500.00; all
future costs including the repayment of the principal
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 "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;
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 3rd day of
April, 1996 at 7:00 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 #70 DECLARE NEGATIVE IMPACT FOR TOMPKINS
& PLEASANT STREET WATER IMPROVEMENT
PROJECT - 1996 FOR SE RA
Motion by Councilman O'Donnell
Seconded by Councilman Rocco
VOTES: ALL AYE ADOPTED
WHEREAS, there was an order adopted for Tompkins &
Pleasant Street 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 Tompkins & Pleasant Street
Water Improvement Project shall have no significant
environmental impact, and further
RESOLVED, the Deputy Supervisor is hereby authorized and
directed to sign the SEQRA application.
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MARCH 20, 1996 TOWN BOARD MEETING PAGE 5
John Buck, Easement for sewer lines: Town Attorney
received a sewer easement from John Buck's Attorneys
for property on Route 11 in Polkville. Upon conferring
with Water Supt, Carl Bush, he advised that we need a
sewer dedication, not an easement.
RESOLUTION #71 ACCEPT WATER LINE EASEMENT FROM
DAVID FEINSTEIN ON HOMER AVENUE AND
CARROLL STREET SUBJECT TO WATER AND
SEWER SUPT'S REVIEW AND APPROVAL
Motion by Councilman Rocco
Seconded by Councilman O'Donnell
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize the
acceptance of the Water line easement from David
Feinstein at 4269 Route 11 (Homer Avenue/Carroll Street)
subject to Water & Sewer Supt's review and approval.
Robert Condie Insurance claim: Attorney Folmer
received another denial letter from Aetna Insurance
Company for the claim of Robert Condie. They continue
to disclaim this loss because of late notice.
Councilman O'Donnell made a motion, seconded by
Councilman Pilato, to receive and file the letter from
Aetna Insurance Company. All voting aye, the motion was
carried.
A discussion was held concerning the denial and
alternatives of the Town. Attorney Folmer with make
further review of the situation with those departments
involved.
Councilman O'Donnell addressed the Town Board
regarding a call he received from Dr. Ambrose relating
-to the roads within Commons Ave. His question was
blacktop vs. gravel roads and expressed concern of the
road grade required. He contacted the Cortland County
Soil and Water Conservation agency and requested their
input. He suggested that this Board be careful and not
allow decisions that will have to be dealt with later,
without being fully :informed.
Councilman Rocco made a motion, seconded by
Councilman O'Donnell, to adjourn the regular meeting.
All voting aye, the motion was carried.
The Meeting was adjourned at 5:45 p.m.
esp ctfull su mitted,
Pauline H. Parker, CMC
Town Clerk
Town of Cortlandville
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