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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 1 110 F'� 0 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. �2O� 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 1 E 1 110 11 207 U 0 1 MARCH 20, 1996 TOWN BOARD MEETING PAGE 4 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. -203 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 Ell 1