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HomeMy WebLinkAbout02-07-1990Wednesday, February 07, 1990 7:30 p.m. PUBLIC HEARING AQUIFER PROTECTION DISTRICT SPECIAL PERMIT - HEALTH SERVICES MEDICAL CORP. OF N.Y., INC. A Public hearing was held at the Town Hall, 15 Terrace Road, Cortland, New York, on February 7, 1990 at 7:30 o'clock p.m., concerning an application for a Special Permit by Health Services Medical Corp. of N.Y., Inc. Members present: Supervisor Melvin Pierce Councilman Theodore Testa Councilman Edwin O'Donnell Councilman Raymond Thorpe Councilman Ronal Rocco Town Clerk Pauline H. Parker Others present were Town Attorney, Phillip Rumsey; Dale Johnson, Attorney for Health Services Medical Corp. of N.Y.; Town Highway Superintendent, Carl Bush; Town CEO, Bruce Weber; Town Engineer, Hayne Smith; Town Justice, Mardis Kelsen; State Police Officer, Sgt. Edward Abruzzo, Mark Schulman from the Health Services and Town Resident Oscar Taylor. The Public Hearing was called to order by Supervisor Pierce at 7:30 p.m. The Town Clerk read aloud the Legal Notice as posted and filed. Supervisor Pierce offered the privilege of the floor to those present. Councilman Thorpe expressed concern about the projects septic system. Councilman Testa suggested to Mr. Schulman to look into the avenue of hooking up into the sewer line which there is a manhole located down towards the corners of Fisher Ave. and N. Homer Ave. Mr. Schulman said he would look into hooking into the sewer and the costs compared to the proposed septic system. He also expressed that the project has received Health Department approval for the projects septic system. With no further comments from those present, a motion was made by Councilman O'Donnell, seconded by Councilman Thorpe, to close the Public Hearing. All voting aye, the motion was carried. The Public Hearing was closed at 7:55 p.m. 1 Wednesday, February 07, 1990 7:30 p.m. PUBLIC HEARING MCLEAN ROAD SEWER IMPROVEMENT PROJECT- 1990 ' A Public hearing'was hel,d at the Town Hall, 15 Terrace Road, CortIdnd� New York, on -February 7, 1990 at 7:55 o'clock p.m. concerning -the McLean -Road Sewer Improvement Project - 1990. � Members present: .. `_'SupervisorMelvin Pierce ' Councilman Theodore Testa Councilman Edwin O'Donnell Councilman Raymond Thorpe Councilman Ronal Rocco Town Clerk Pauline H. Parker Others present were TownAttorney, Philip Rumsey; Dale Johnson, Attorney for`Heal-th Services Medical Corp. of N.Y.; Town Highway Super-intendent-, Carl Bush; Town CEO, Bruce'Weber; Town Engineer�­Hayne'Smith; Town Justice, Mardis'Kelsen; State�Police`Qfficer, Sgtl Edward Abruzzo,Mark 'Schulman-from'the'Health Services and Town Resident OscarTaylor.`'` The Public Hearing was called to'or�der-by Supervisor Pierce at 7c55 p�mc , - ' The Town Clerk read -aloud theLegal`Notice as posted and filed. ' Buperv�sor'Pierce`offered the privilege`of the floor to those present. ` /. Mr,. Oscar Taylor,of`Mc-Lean Road expressed concern whether^the sewer`and water project would be in progress at the same time as —the —rebuilding —of McLean Rd. Mr. Taylor expressed concern using dry wells for drainage on the rebuilt highway and the effect of the water 'table of/'the, well system. With no further comments from thosepresent, a motion was made by Councilman Rocco, seconded by Councilman O'Donnell, to close the Public Hearing. All voting aye, the'motion was -carried. — ` The The Public Hearing was closed at 9:05 p.m' Wednesday, February 07, 1990 7:30 p.m. PUBLIC HEARING MARYLAND AVENUE SEWER IMPROVEMENT PROJECT - 1990 A Public hearing was held at the Town Hall, 15 Terrace Road, Cortland, New York, on February 7, 1990 at 8:05 o'clock p.m., concerning Maryland Avenue Sewer Improvement Project - 1990. Members present: Supervisor Melvin Pierce Councilman Theodore Testa Councilman Edwin O'Donnell Councilman Raymond Thorpe Councilman Ronal Rocco Town Clerk Pauline H. Parker Others present were Town Attorney, Phillip Rumsey; Dale Johnson, Attorney for Health Services Medical Corp. of N.Y.; Town Highway Superintendent, Carl Bush; Town CEO, Bruce Weber; Town Engineer, Hayne Smith; Town Justice, Mardis Kelsen; State Police Officer, Sgt. Edward Abruzzo, Mark Schulman from the Health Services and Town Resident Oscar Taylor. The Public Hearing was called to order by Supervisor Pierce at B:05 p.m. The Town Clerk read aloud the Legal Notice as posted and filed. Supervisor Pierce offered the privilege of the floor to those present. Councilman Thorpe questioned as to the location of Maryland Avenue. It was responded that it is the extension of Bell Drive. With no further comments from those present a motion was made by Councilman Rocco, seconded by Councilman Thorpe, to close the Public Hearing. All voting aye, the motion was carried. The Public Hearing was closed at 8:08 p.m. 1 Wednesday, February 07, 1990 7:30 p.m. PUBLIC HEARING FAIRVIEW DRIVE%MCLEAN ROAD WATER IMPROVEMENT PROJECT, 1990 A Public hearing -was he1d..at the Town Hall, 15 Terrace Rad, Cortland,.!New;York.g..on.February 7, 1990 at 8:08 o'clock p,.m. concerning. -Fairview Drive/McLean:',Road Water Improvement Project.., 1990:.. Members present ._-;.;Supervisor�-Melvin: Pierce -Councilman Theodore Testa Councilman Edwin O'Donnell Councilman Raymond Thorpe Councilman Ronal Rocco Town Clerk Pauline H. Parker Others present were Town.Attorney, Phil'l�ip Rumsey; Dale Johnson, Attorney fFor,:-Health--Ser-vices-Medical Corp. of N.Y,.;; Town Highway Superiintendent!,, Carl Bush; Town CEO; Bruce -Weber; Town,,Engineer,; ;Hayne..Smith; _Town. Justice,. Mardis,-Kelsen; . State,,Polce-,Off.icer; Sgt. Edward Abnuzzo;,: Mark -Schulman,-from:-the. Health Services and Town Resident Oscar .Taylor.._•. The Public Hearing was called to_:order-by Supervisor Pierce at 8a08 p:.m... :... . - _..: _.t.: _ . The Town Clerk read aloud the Legal Notice as posted and f i led .:_ : Supervisor Pierce offered the privilege of the floor to those present. _. Mr.� Oscar:_Taylor- inquiredi about Mr. Niederhofer having put in water years ago for Bowling Green; -Winkle Way and Sleepy Hollow. Would this project eliminate Mr. Niederhofer's previous project. Supervisor Pierce explained that,there.-.is: air12". line from. MacBean Lane which will :..be -.hooked _ into .:_ -.The :project should be,.:-. completed, by: spr. ing .:or late summer on the Lime Hollow Road. Eventually the 12" line will come down the(.. McLean Road then down Stupke Road and tap into the line on Lime Hollow Road. With no further comment from those present, a motion was made by Councilman Rocco, seconded by Councilman Thorpe, to close the Public Hearing. All voting aye, the motion was carried. The Public Hearing was closed at 8:12 p.m. 11 Wednesday, February 07, 1990 7:30 p.m. PUBLIC HEARING ROUTE 13/PYRAMID MALL WATER IMPROVEMENT PROJECT - 1990 A Public hearing was held at the Town Hall, 15 Terrace Road, Cortland, New York, on February 7, 1990 at 8:12 o'clock p.m.,concerning Route 13/Pyramid Mall Water Improvement Project - 1990. Members present: Supervisor Melvin Pierce Councilman Theodore Testa Councilman Edwin O'Donnell Councilman Raymond Thorpe Councilman Ronal Rocco Town Clerk Pauline H. Parker Others present were Town Attorney, Phillip Rumsey; Dale Johnson, Attorney for Health Services Medical Corp. of N.Y.; Town Highway Superintendent, Carl Bush; Town CEO, Bruce Weber; Town Engineer, Hayne Smith; Town Justice, Mardis Kelsen; State Police Officer, Sgt. Edward Abruzzo, Mark Schulman from the Health Services and Town Resident Oscar Taylor. The Public Hearing was called to order by Supervisor Pierce at 8:12 p.m. The Town Clerk read aloud the Legal Notice as posted and filed. Supervisor Pierce offered the privilege of the floor to those present. No comments or questions were made. With no comments from those present, a motion was made by Councilman Thorpe, seconded by Councilman Rocco, to close the Public Hearing. All voting aye, the motion was carried. The Public Hearing was closed at 8:15 p.m. 1 1 1 Wednesday, February 07, 1990 7:30 p.m. REGULAR MEETING The Regular Meeting of the Town Board of the Town of Cortlandville, was held at the Town Hall, 15 Terrace Road, Cortland, New York, following five Public Hearings, with Supervisor Pierce presiding. Members -present: Supervisor Melvin Pierce ' Councilman Raymond Thorpe Councilman Ronal Rocco Councilman Theodore Testa Councilman Edwin O'Donnell Town Clerk Pauline H. Parker Others present were Town Attorney,:.Phillip Rumsey; Town Highway Superintendent,�`Carl Bush;- Town CEO,:Bruce Weber; Town Justice, Mardis'Kelsen; State Police Officer, Sgt. Edward Abruzzo; Town Resident Oscar Taylor and Mr' Schulman from the Health 'Services Medical Corp. of N.Y.. ' � 'I ` ' ' � The meeti;ng was ,called -to order by Supervisor Pierce,at7:30 o'clock p.m. Following the pledge allegiance, five Public Hear)ings were held. ` , A motion was made by Councilman Thorpe, seconded by Councilman Testa, to approve the Cortlandville Town Board minutes of November 29 as written and December 6, 1989 with page 9 amended. An addition to the discussion concerning the calculait,ions of water and sewer benefit tax to be as'follows. CounciIman'Rocco'suggested that a committee be formed, -and that further discussion --be taken up on the issue after the''TownEngineer cengive'some specific -numbers of,parcels involved. ' ' . .^ RESOLUTION # 42 AUTHORIZE PAYMENT OF VOUCHERS - FEBRUARY ' Motion by Councilman O'Donnell ' Seconded by Councilman Testa VOTES: ALL AYE' ADOPTED ' . . BE IT RESOLVED, that the vouchers submitted have been audited and shall be paid as follows:� ` General Fund A Vouchers #34 - 69 $ 9,503.58 General Fund B 5 - B 8,460.26 Highway -Fund 2 - 20 13,217.40 Water Fund ' 9 4.95 Sewer Fund- B - 10 579.47 Capital Projects 7 - 13 34,157.84 Supervisor Pierce offered the privilege of the floor to Sgti. Edward Abruzzov NYS Trooper. He submitted a budget proposal -request for the Town of Cortlandville* for the purchase of a new radar unit. / ' Wednesday, February 07, 1990 - Page 2 RESOLUTION # 43 AUTHORIZE PURCHASE OF RADAR EQUIPMENT FOR NYS TROOPERS - SET UP ANNUAL BUDGET LINE Motion made by Councilman Thorpe Seconded by Councilman Rocco VOTE: ALL AYE ADOPTED WHEREAS, the New York State Police Interstate Patrol N.C.O. has requested a budget proposal for the Town of Cortlandville, to purchase an additional radar unit. Since the New York State Division of Budget notified all State Agencies that the continued shortfall in tax revenues has made it necessary to stringently curtail spending. The Division of Budget than ordered mandatory spending cuts. In order to comply with this mandate, the New York State Police was prohibited from making any new equipment purchases. And WHEREAS, facts were presented that the revenues recieved from an additional unit, would offset the cost of purchasing, therefore BE IT RESOLVED, that the Supervisor is hereby authorized and directed to purchase a new setup of Highway Radar Equipment, not to exceed $1,320.00, for the local New York State Police, to be used on roads within the Town of Cortlandville, and further RESOLVED, that monies shall be allocated in the Town annual budget for the future. A motion was made by Councilman O'Donnell, seconded by Councilman Rocco, to receive and file the annual report from the Town Justice, Mardis Kelsen. All voting aye, the motion was carried. The annual report stated that the Town received a return of $86,434.50 from the New York State Comptroller in 1989, approximately $31,000.00 over projected revenues. A motion was made by Councilman O'Donnell, seconded by Councilman Thorpe, to receive and file the annual report from the Town Historian. All voting aye, the motion was carried. Alice Blatchley, Town Historian submitted her annual report for the board. At the State Municipal Historians' Meeting held in the Fall of 1989, Alice Blatchley was one of five Municipal Historians for having an outstanding program and a supportive Town Board. A motion was made by Councilman O'Donnell, seconded by Councilman Thorpe, to receive and file the Economic Development Committee Progress Report for the month ending December, 1989. All voting aye, the motion was carried. The progress report was concerning principal activities in Cortland County. A motion was made by Councilman Thorpe, seconded by Councilman O'Donnell, to receive and file the a letter from Joe and Judy Neville. All voting aye, the motion was carried. The letter was concerning the increased flooding conditions along Loring Crossing Road. A motion was made by Councilman Thorpe, seconded by Councilman O'Donnell, to receive and file a letter from Assemblyman Clarence D. Rappleyea. All voting aye, the motion was carried. The letter was concerning sewer extension for Lamont Circle area. we Wednesday, February 07, 1990 Page 3 RESOLUTION # 44 TDL�u'. SPECIAL PERMIT - HEALTH SERVICES MEDICAL CORP. OF N.Y. INC Motion made by Councilman Thorpe Seconded by Councilman Rocco VOTE: ALL AYE ADOPTED WHEREAS, the Health Services Medical Corp, has applied for a Town Aquifer Protection District Permit for a project on Fisher Avenue, and WHEREAS, the involved agencies in addition to the Town Board are the Town Planning Board of Cortland County Health Department and New York State Department of Environmental Conservation (NYSDEC Permit), NOW, THEREFORE, BE IT RESOLVED, that this Board determines that the unlisted action of the Aquifer Permit Application by Health Services Medical Corp. shall proceed by an uncoordinated review under the .State Environmental Quality Review Act, and BE IT FURTHER RESOLVED, that.further review of said application pursuant to_SEQRA and.the Town Aquifer Protection District Law is tabled pending receipt of -adequate information and SEQRA determinations by the other involved agencies.set forth above. A motion was made by Councilman Thorpe, seconded by Councilman Testa, to receive and file a letter from James LeFever, Cortland County Fire Coordinator. All voting ayes, the motion was carried-. .. The .lietter,was notification of renewal of our contract for them to monitor the fire alarm system. A,motion was made by Councilman Rocco, seconded by Councilman Testa, to receive and file letter from the "Exit 10 Truck/Auto Plaza". All voting ayea-the motion was carried. - The letter was regarding that they have applied for an off premises Renewal Retail Beer License. A motion was made by Councilman Rocco, seconded by Councilman Testa, to receive and file letter from,the Willowbrook Golf Club. All voting aye, the motion was carried. The letter was regarding that they have applied for an off premises Renewal,.Retail Beer License. A discussion was held by Supervisor Melvin Pierce. He stated that the wrong size pumper connections for fire protection in Polkville were given. It will be corrected by Salisbury Apparatus. Supervisor -Pierce would like to have pictures taken by the Cortland Standard of our.new fire truck, ladder pumper and one fire -truck from McGraw. Supervisor Pierce felt.it.would make a good story,because this is the only fire protection .in Polkville. 264 Wednesday, February 07, 1990 Page 4 RESOLUTION # 45 AUTHORIZATION FOR BRUCE WEBER TO ATTEND ASSOCIATION OF TOWNS ANNUAL MEETING AT NEW YORK CITY Motion made by Councilman Thorpe Seconded by Councilman Testa VOTE: ALL AYE ADOPTED BE IT RESOLVED, that CEO, Bruce Weber is hereby authorized to attend the Association of Towns Annual Meeting at New York City February 19 - 21, 1990, and RESOLVED, that the expenses incurred by same be reimbursed, subject to audit by the Town Board. RESOLUTION # 46 AUTHORIZATION FOR BRUCE WEBER TO ATTEND THE FINGER LAKES BUILDING OFFICIALS CONFERENCE AT ROCHESTER Motion made by Councilman O'Donnell Seconded by Councilman Testa VOTE: ALL AYE ADOPTED BE IT RESOLVED, that CEO, Bruce Weber is hereby authorized to attend the Finger Lakes Building Officials Conference at Rochester, N.Y., April 2 - 4, 1990, and RESOLVED, that the expenses incurred by same be reimbursed, subject to audit by the Town Board. RESOLUTION # 47 AUTHORIZATION TO ADVERTISE FOR BID - LIME HOLLOW COMPLETION PROJECT CONTRACT NO. 2, NEW SOURCE CONNECTION AND PYRAMID MALL WATER IMPROVEMENTS Motion made by Councilman Thorpe Seconded by Councilman Testa VOTE: ALL AYE ADOPTED BE IT RESOLVED, that the Town Engineer, Hayne Smith is hereby authorized to advertise by legal notice, letting of the bids for the Lime Hollow Completion Project Contract No. 2, New Source Connection and Pyramid Mall Water Improvements, and BE IT ALSO RESOLVED, that such bids shall be opened on February 26, 1990, at 3:00 p.m. and be awarded March 07, 1990. RESOLUTION # 4B ADOPT RESOLUTION FOR MCLEAN ROAD SEWER IMPROVEMENT PROJECT - 1990 Motion made by Councilman O'Donnell Seconded by Councilman Rocco VOTE: ALL AYE ADOPTED WHEREAS, there was filed in the Office of the Town Clerk of the Town of Cortlandville, Cortland County, New York, general plans, map and engineering report relating to the establishment of a sewer improvement project for McLean Road westerly from Luker Road to Deerfield Heights and designated "McLean Road Sewer Project - 1990", as required by Section 209-q and 209-c of the Town Law, and are available for public inspection, and Wednesday, February 07, 1990 Page 5 WHEREAS, an Order was duly adopted by the Town Board on January 17, 1990 reciting the filing of said general plans,'the construction`proposed,, and the estimated expense thereof and specifying February 7, 1990 At 7:30 o?.clock p.m. as the time and''the'said Town Hall -in -the said 'Town of Cortlandville-as,theplace where the -said Board would�meetto considerthe documents filed, -,-as aforesaid and to''hear all persons'interested'in,the subject thereof, concerning the same, and / `�' , . � , 1 . / . � I . . I. � ' ' I ` `~- - I - � WHEREAS, `such Order was duly posted and published as required :by law� and- WHEREASr a hearing in the matter was -.duly held by the Board�on the'7th day of February,-1990-commencing at 7:30 p.m. 'at'the Town Hall inthesaid Townand discussion upon the matter having been had and all persons desiring to'be'heard haVing`been-dulyheard,including-members of the -,Board and -various other=persons°and� NOW,. upon`the evidence given upon -such hearing and upon the motion'of Edwin`O'Donnell,`Oounci,lman,'seconded by Ronal Rocco,'Oouncilman' .and unanimously passedi�i± is RESOLVED AND DETERMINED, thattheplans heretofore filed w,ith the Town Clerk'of the Town of Cortlandville'are in comp liance'with"Bection 209-c of`the-Town 'Law of the State of New York and are otherwise sufficienti^and that to establish the aforesaid sewer improvement is in the public: interest, 'And'it is further, RESOLVED AND DETERMINED,-alli costs, including the, prTncipal and interest onsaid bonds or -other obligations authorizedto be' issued'shall,be,borne,bythe lands benefited'`by such`i1mprovemeht'and`such costs^shallbe assessed, levied and collected from''the'several'lots or parcels',of land within said Town ofCortlandville in just propartion`to^the'amount`of,benef-it which the'improvement shall confer`upon'suoh lots�or'^parcedt; itt'is further herebydetermined that`aIl''lots`or`parcels in the -Town of Cortlandville outside`of`ViIlages;'capable of being' serviced by the "Article 12-C" Sewer Improvement heretofore and hereafter provided, are lots or parcels benefited'by' the'�proposed se"ver'project and 'al'lprL-vious .,i)mprovements'shal�'be'spread"upon and.over the enlarged benefited area, all of such improvements constituting one sewer system,such'systembeing',described by and including the'areas'set forth' in' the'"Rt'�'281/Groton Avenue Plaza Sewer`Pnoject-1990/'`Resolution`adopted December 20, 1989 and the following parcels designated on the 1990 Cortland County^Real'Property`Tax,Maos'as Cortlandville,Tax"' parcels':.`'`'` .' - ''Parce1s,:`­19, 20, 23.1, 23'2r 24, 25, 43, 44. Map Tax Parcels: 08,.U9° 10, 11, -12, 135- 14, 15, 16, 197 209 21, 22, 25, 26, 27, 28, 29.1, 29.21 and 29�22., Tax Map,95.15-01.-. . Parcels: 01, 02, 03, 04, 07, 08, 09, 10 and Parcels: 62, 645 65, 66, 67, 68, 69, 70, 71, 72,,'73,, 74/'75�.'76, 77�'78, 79,,`8o,:B1 and 82. Parcel: 08. Wednesday, February 07, 1990 Page 6 RESOLVED AND DETERMINED, that the establishment of a sewer 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 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 "McLean Road Sewer Project-1990", and it is further RESOLVED AND DETERMINED, that the proposed improvement, including costs or rights of way, construction costs, legal fees, engineering and consultant fees, and all other expenses approximated to be a maximum of ,$470,000.00 shall be financed by the issuance of bonds by the Town of Cortlandville for a maximum term of forty years at prevailing interest, and it is further RESOLVED AND DETERMINED, that the costs 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 sewer rates, charges and fees upon all lots or parcels heretofore and hereafter serviced by Town Law Article 12-C Sewer 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 certified copies thereof in duplicate in the Office of the State Department of Audit and Control at Albany, New York, together with an application by this Board in duplicate for permission to create such improvement project as provided for by the Town Law Section 209-q (13) and that such application shall be executed by and in behalf of the Town Board by the Supervisor of the Town; and further file a certified copy of this Resolution in the Cortland County Clerk's Office as provided for by the Town Law Section 209-q (6) (c). RESOLUTION # 49 ADOPT RESOLUTION FOR MARYLAND AVENUE SEWER IMPROVEMENT PROJECT - 1990 Motion made by Councilman O'Donnell Seconded by Councilman Testa VOTE: ALL AYE ADOPTED WHEREAS, there was filed in the Office of the Town Clerk of the Town of Cortlandville, Cortland County, New York, general plans, map and engineering report relating to the establishment of a sewer improvement project for Maryland Avenue originating from the Village of Homer trunk sewer and designated "Maryland Avenue Sewer Project-1990", as required by Section 209-q and 209-c of the Town Law, and are available for public inspection, and WHEREAS, an Order was duly adopted by the Town Board on January 17, 1990 reciting the filing of said general plans, the construction proposed, and the estimated expense thereof and specifying February 7, 1990 at 7:30 O'clock p.m. as the time and the said Town Hall in the said 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, such Order was duly posted and published as required by law, and Wednesday, February 07, 1990 Page 7 WHEREAS, a hearing in the matter was duly held by the Board on the.7th day of February,-:1990 commencing at 7:30 p�.m.. a,t the -Town Hall. in the said Town .and discussion upon the matter having,been had and,. -all persons desiring to be heard having been duly heard,includ,ing members of the Board and various other persons, and NOW,, upon':the evidence .given ;upon such hearing...'and :upon the.motion:of Edw,itn O'.Donnell.,.-Councilman, seconded by Theodore Testa, Counci1man.,1=and unanimously passed, it is RESOLVED AND -.DETERMINED, that the plans heretofore filed with the)Town Clerk-of_the,iTown:-:of.aCortlandville are in compliance with:Sectio6.209-c of -;the Town Law of the State of New York and are otherwise sufficient, and that tot establish the'aforesaid sewer improvement is )i1n. the pub1ic.�interest; and.,it ,is.furtherJ,'j RESOLVED AND DETERMINED,:_allccosts,,,, including the i principal and,interest ..onsaid bonds. or other obligations authorized to .be: issued.shall be-.bor.ner-by-:the lands benefited ,by -such improvement ,and -;such . costs . shad 1 be ' assessed, •leviedt:andocollected }fr.'om: the sever_aljhots or parcels.Jof land -,wi;thin,.,,said,_,Town,-of Cor_tlandviile-rin just proportion,-to,the:, amount,. of: benefit which --the improvement shall confer upon such lots..orr:par.cels;. it, is :f.urther hereby determined that all lots or parcels in the Town of Cor..t 1 andv i 1 le outsidec�of Vi lllages, - capab l,e of be.ing serviiced:_by thei_,P;Ar.•. tic lKe,12-C".7Sewer.,1mprovementr:-•- heretofore and,lhereafter ,provided,{-,are.,?Iots,ror:--par.cels benefited by,. the--proposed-:sewer.• project --.and al l iprevious improvements: shal l be.- spread=.;upon, anduover. r",the,:!enlarged benefitedr;area,,,..allr-,of_:such:improvements�,constitutsng one sewer. systemy -,such systemobeing descrt)bed bye and �:-<_ =ncluding-:the•aneasr,set?for_th inc. the 7"McLean Road -Sewer Pro ject-1990'_'• Reso-lutionr--,adop-ted,,Febr.uaryr�7, : 1,990 and the following parcels designated on the 1990 Cortland County Real ,Pr_operty-,Taxi-Maps as,Cor•thandvil le -tax .parcels: Tax Map 76.15-01: Parce,ls,: and�.�16:« --, WHEREA&,� it­tis,.f_urther proposed that;,the;.;costs of management, maintenance,,operation and-�repai'r=of-.said i,mp.r:.ovement.!as-proposed•. in-sa.idc:pl.ansabecauthorized pursuant to -,Sect onl_209-qf:,,(6.). Sic) _of'_•the-Town,. Law; 2that the improvement therein mentioned be constructed and the service_therein_ment oned�.be pr_ovi.ded for upon the:. required,-?fundsbe(i,ng madei-,.avai lab le _-.or -provided for; and that-isuch improvement-)sha llf.be_designatednandrknown as "Maryland Avenue Sewer Project-1990", and it is further RESOLVEDr;AND_DETERMINED, that -:the -proposed improvement, i.ncludi�ng costs, -of ri!ghts:_.of-�way9--construction. costs, legal-.fees,,-•engineeri+ng.and-Mconsultant fees;r3andf':.all other.expenses-.aporox.imated,.:to-.be,a :maximum-ofi $30;000.00 shall be financed -by -the issuance .of,:bondsr.by:-the..Town of Cortlandville for a maximum term of twenty years at prevailing interest, and it is further RESOLVED AND DETERMINED, that the costs 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 sewer rates, charges and fees upon all lots or parcels heretofore and hereafter serviced by Town Law Article 12-C Sewer Improvements, and it is further Wednesday, February 07, 1990 Page 8 RESOLVED, that the Town Clerk of this Town shall within ten (10) says after the adoption of this Resolution file a certified copy of.this Resolution in the Cortland County Clerk's Office as provided for by the Town Law Section 209-q (6) (c). RESOLUTION # 50 ADOPT RESOLUTION FOR FAIRVIEW DRIVE/ MCLEAN ROAD WATER IMPROVEMENT PROJECT - 1990 Motion made by Councilman O'Donnell Seconded by Councilman Thorpe VOTE: ALL AYE ADOPTED WHEREAS, there was filed in the Office of the Town Clerk of the Town of Cortlandville, Cortland County, New York, general plans relating to the construction of a water improvement extension along Fairview Drive from MacBean Lane to and westerly along McLean Road to Deerfield Heights in the Town of Cortlandville and designated "Fairview Drive/McLean Road Water Project-1990", as required by Section 209-q (2) and 209-c of the Town Law, and a short Environmental Assessment Form pursuant to the State Environmental Quality Review Act, and are available for public inspection, and WHEREAS, an Order was duly adopted by the Town Board on January 17, 1990 reciting the filing of said general plans, the improvements proposed, and the estimated expense thereof and specifying February 7, 1990 at 7:30 o'clock p.m. as the time and the said Town Hall in the said 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, such Order was duly posted and published as required by law, and WHEREAS, a hearing in the matter was duly held by the Board on the 7th day of February, 1990 commencing at 7:30 p.m. at the Town Hall in the said 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 Edwin O'Donnell councilman, seconded by Raymond Thorpe 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 establish the aforesaid water improvement is in the public interest, and it is further 1 1 1 Wednesday, February 07, 1990 Page 9 on 1 1 1 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 benefited by:such improvement.and such costs shall be assessed, levied and.-coll-ected from,the several lots or parcels ,of .land within -sai-d Town of Cortlandville-in just proportion to the : amount , of benefit which the • improvement shall : confer .upon such lots or -,parcels; iti is further hereby,determined that,all-lots-or parcels in the Town of Cortlandville:outside of Villages, capable of being serviced by the. "Ar:ticle..12-C" �Water� ,I,mpr,ovements- , heretofore:and:hereafter provided, are,dots,or�parcels benefited,.by,the proposed water improvement;, -;and the cost of said extension project and all previous improvements shall be spread upon and over the enlarged benefited area,.all:of such improvements constituting,one,water systemi-:such,system-ibeing.described by and including the areas, set forth in the "Highland Road Water Storage Tank Construction":,. Resolution adopted,by this Board on October 4,,1989.and the -following -parcels designated on the 1990 Cor.tland, County, .:Real, Property Tax Maps as Cortlandville tax parcels: Tax, Map 95 00-01: :.. . Parcels:,. .19, 20, •23.1, .23.2, ,24, 25, 43 and .:44 . Tax Map 95.14-01: .Parcels_: 08, 09, 10, 11, 12,.13, 1.4, 15, 16, .19, , 20, . 21 , -22, ,25, 26, 27, .2e, ,29. 1 , 29.21 and 29.22. Tax Map 95.15-01: Parcels: 01; 02, 03, 04, 07,,08, 09, 10 and Tax Map 95.11-01:, Parcel_s:, 62, 64, 65, 66, 67, 68, 69, 70, 71, 72, 73, 74,- 75, .76, 77,,. 7e,..79,, 80,. ,ei and 82. Tax Map 95.13-01: Parcel: 08. RESOLVED -AND DETERMINED, that the construction of a water extension improvement as proposed inisaid plans be authorized pursuant to Section 209-q (6) (c) of the Town Law; that the -improvement therein mentioned be constructed. -and -the service therein menti,oned be provided for..upon. the• nequ,ired:..funds being. made, available or provided far; and that: such improvement: shall be designated and,known,.as the "Fa ir.vi:ew­Dr iive/McLean Road Water Project-1990",_and it is .further „0 1. 1 . , RESOLVED AND-DETERMINED,,.•that.the,proposed improvement, inc,1uding. costs, of land acquisi,,ti,on,-.r. ights, of way;. construction costs, legal,%.fees, engineer. ing and, � , . consultant fees, and all other expenses approximate to be a maximum. of $280,,000,.00 shall ..be- financed -.by the.,. issuance•of bonds by the.Town of Cortlandvill.e:for a maximum.term of forty.years at.prevailing,interes,t, and i t i s further, RESOLVED AND DETERMINED, that -the costs=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 270 Wednesday, February 07, 19VO = I -,.CI` -Page 10 RESOLVED,. that the Town Clerk of this Town shall within ten (10) days after the adoption of this Resolution file certified copies thereof in duplicate'in the Office of the State Department of Audit and Control at Albany, New York, together with an application by this Board in duplicate for permission to create such improvement project as provided for by the Town Law Section 209-q (13) and that such application shall be executed by and in behalf of the Town Board by the Supervisor of the Town; and further file a certified copy of this Resolution in the Cortland County Clerk's Office as provided for by the Town Law Section 209-q (6) (c). RESOLUTION # 51 ADOPT RESOLUTION FOR ROUTE 13/PYRAMID MALL WATER IMPROVEMENT PROJECT - 1990 Motion made by Councilman O'Donnell Seconded by Councilman Rocco VOTE: ALL AYE ADOPTED WHEREAS, there was filed in the Office of the Town Clerk of the Town of Cortlandville, Cortland County, New York, general plans relating to the construction of a water improvement extension to enhance the looping of the water distribution in the area Rt. 13, Lime Hollow Road and Pyramid Mall, and designated "Rt. 13/Pyramid Mall Water Project-1990", as required by Section 209-q (2) and 209-c of the Town Law, and a short Environmental Assessment Form pursuant to the State Environmental Quality Review Act, and are available for public inspection, and WHEREAS, an Order was duly adopted by the Town Board on January 17, 1990 reciting the filing of said general plans, the improvements proposed, and the estimated expense thereof and specifying February 7, 1990 at 7:30 o'clock p.m. as the time and the said Town Hall in the said 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, such Order was duly posted and published as required by law, and WHEREAS, a hearing in the matter was duly held by the Board on the 7th day of February, 1990 commencing at 7:30 p.m. at the Town Hall in the said 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 Edwin O'Donnell Councilman, seconded by Ronal Rocco 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 establish the aforesaid water improvement is in the public interest, and it is further 1 1 1 Wednesday, February 07, 1990 Page 11 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 benefited 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 the "Article 12-C" Water Improvements heretofore and hereafter provided; are lots or parcels benefited by the proposed water improvements; and the cost of said project and all previous improvements shall be spread upon.'and over the enlarged benefited area, all of such improvements constituting one water system, such system being described by and including the areas, set forth in the Faiirview Drive/McLean Road -Water Project- 1990" Resolution adopted by this Board on February 7, 1990, and it is further RESOLVED AND DETERMINED, that the construction of a water extension 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 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 the "Rt.:13/Pyramid Mall Water Project-1990",.:and•it is further t• RESOLVED AND DETERMINED, that the proposed improvement, including costs of land acquisition, rights of way, construction -costs; legal fees, engineering and consultant.fees, and all other expenses approximate to be a maximum of $90;000.00 shall be financed by the issuance of bonds by the Town of Cortlandville for a maximum term of forty:years at prevailing interest, and it is further RESOLVED AND DETERMINED, that the costs 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 tenl"(10) days after the adoption of this Resolution file a.certified copy thereof in the Cortland County Clerk's Office -as provided'for by -the Town Law Section 209-q (6) tc) . RESOLUTION # 52, AUTHORIZATION TO AWARD THE CONTRACT FOR ENGINEERING SERVICES FOR MCLEAN ROAD SEWER IMPROVEMENT.PROJECT AND FAIRVIEW DRIVE/MCLEAN ROAD WATER IMPROVEMENT PROJECT Motion made by+Councilman Thorpe Seconded by Councilman O'Donnell VOTE: ALLY 'AYE ADOPTED BE IT RESOLVED,.that the�Town Board of the Town of Cortlandville does -hereby award the contract�of Engineering Services for -the -McLean Road Sewer Improvement Project and Fairview Drive/McLean,•Road Water Improvement Project to Resource,Associates,of Cortland, New York. 272 Wednesday, February 07, 1990 1 Page 12 RESOLUTION # 53 AUTHORIZATION TO EXTEND THE TAX COLLECTOR'S TIME TO JUNE 1 1990 Motion made by Councilman Thorpe Seconded by Councilman O'Donnell VOTE: ALL AYE ADOPTED BE IT RESOLVED, that the Supervisor is hereby authorized and directed to sign and forward the request for extension of the tax collection until June 1, 1990, to the Cortland County Treasurer in compliance with Section 938 of the Real Estate Property Tax Law. RESOLUTION # 54- ACCEPTED PETITION FROM ALLEN DRIVE RESIDENTS - STREET LIGHT Motion made by Councilman O'Donnell Seconded by Councilman Rocco VOTE: ALL AYE ADOPTED WHEREAS, area residents of Allen Drive expressed the need of a street light by means of a petition, therefore BE IT RESOLVED, that the Town Board of the Town of Cortlandville is hereby accepting the proposal from the residents of Allen Drive for s street light and the proposal is hereby received and filed. RESOLUTION # 55 REQUEST FOR VILLAGE PARK CONDO ASSOCIATION TO USE TOWN OF CORTLANDVILLE MEETING ROOM Motion made by Councilman Rocco Seconded by Councilman Thorpe VOTE: ALL AYE ADOPTED BE IT RESOLVED, that the Town Board of the Town of Cortlandville accepts the request for the Village Park Condo Association to use the meeting room for their annual meeting on Tuesday, March 20, 1990, at 7:00 p.m., is hereby received and filed. RESOLUTION # 56 AUTHORIZING THE ISSUANCE OF $1,000,000.00 SERIAL BONDS OF THE TOWN OF CORTLANDVILLE, CORTLAND COUNTY, NEW YORK, TO PAY THE COST OF THE INSTALLATION OF APPROXIMATELY 26,000 FEET OF WATER MAIN, PRESSURE BOOSTER STATION, HYDRANTS SERVICE CONNECTION, LAND OR RIGHTS -IN -LAND AND OTHER ORIGINAL FURNISHINGS, EQUIPMENT, MACHINERY, APPARATUS TOGETHER WITH INCIDENTAL EXPENSES IN CONNECTION THEREWITH Motion made by Councilman Thorpe Seconded by Councilman O'Donnell VOTE: ALL AYE ADOPTED WHEREAS, pursuant to proceedings heretofore had and taken in accordance with the provisions of Article 12-C of the Town Law, and more particularly an order dated April 05, 1989 and the approval of the Comptroller of the State of New York on June 19, 1989 the Town Board of the Town of Cortlandville, Cortland County, New York, has established the Northwest Cortlandville Water Improvement Area ���� �� � �� Wednesday, February 07, 1990 Page 13 WHEREAS, it is now desired to authorize the issuance of $1,000,000. serial bonds of said Town to pay the cost of a,water system improvement for said,Benefited Area; and ' ' WHEREAS, all conditions precedent to the financing of the capital project hereinafter described, including compliance with the provisions of.the State Environmental Quality Review Act, .have'beenperformed; NOW, THEREFORE, BE IT RESOLVED, by the Town Board of theTown of Cortlandville, Cortland County, New York, as follows: '. Section 1~ For the specific.object or purpose of paying the -costs of theconstructionof the Northwest Cortlandville Water Improvement Project'for the Northwest Cortlandville Water Improvement.Area'consisting of the installation of approximately 26,000 feet,of.water�main, pressure booster station, hydrants service connection, land or rights -in -land and other original furnishings, equipment, machinery and apparatus together.wi,th ' i.ncidental expenses�necessary.in connection therewith, in the Town of Cortlandville, Cortland County, New York, there are hereby authorized to be issued $1,000,000. serial .bonds of .said Town pursuant to the provisions of the Local,Finance Law.., Section R. The maximum estimated cost of the aforesaid'specific object.'or purpose.is .$1,00U�0OO' and the.plan-for the financing.:thereof.shall,consist of the issuance of the $1,000,030. serial bonds of said -Town authorized to.be issued pursuant tothe provisi-ons of this bond resolution. Further`details'concerming.said bonds will be prescribed in a further resolution or resolutions _of thisTown Board,,,. Section 3. It is hereby determined that the period of probable usefulness of the aforesai:d.- specific object or purpose is twenty-five years, pursuant to subdivision 1'of.paragraph.'a.of Section 11.00.of'the Local Finance Lam^ , It -is'hereby -further 'determined that:,the .maximum maturity of theserial'bonds herein authorized will exceed five years. I.t is hs�reby , further ,determined that no down payment is required inconnection-therewith pursuant to Section 107.0O.(d); (3)..(a).,of the Local Finance Law. - .Section.4. Subjectto the.provi-sions.of the.Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of serial bonds herein authorized, including.renewalsofsuch.notes, is�hereby^delegated to the -Supervisor; the' chief fiscal officer. Such notes shall be of such terms, form.and contents, and shall be sold in such manner, as may be prescribed by said Supervisor, consistent with the provisions of the Local Finance Law., Section 5. The faith and credit of said Town of Cortlandvi,lle, Cortland.County, New Yorh, 'are.hereby irrevocably pledged to.the payment.of the principal of and interest on such-obligations.as thesame respectively become due and ,payable. , An annual .appropriation shal l be made in each year sufficient to'paY theprincipal.of and interest on such obligations becoming due and payable in such year. Section 6. The validity of such bonds and bond anticipation notes may be contested only if:- ` 1) Such obligations are authorized for an object or purpose for which said Town is not authorized to expend money, or 274 Wednesday, February 07, 1990 Page 14 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 7. This resolution, which takes effect immediately, shall be published in full in the Cortland Standard, the official newspaper, together with a notice of the Town Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. RESOLUTION # 57 AUTHORIZATION FOR EXPENDITURE FROM WATER IMPROVEMENT CAPITAL RESERVE FUND Motion made by Councilman O'Donnell Seconded by Councilman Testa VOTE: ALL AYE ADOPTED WHEREAS, this Board established a Water Improvement Capital Reserve Fund by Resolution No. 39 on January 5, 1963, pursuant to General Municipal Law Section 6-c, for the cost of construction, reconstruction and acquisition for water improvements, and WHEREAS, it is now beneficial to use a portion of the funds on deposit in said account, NOW, THEREFORE, BE IT RESOLVED, that there is hereby authorized the expenditure of $11,250.00 from the Water Improvement Capital Reserve Fund for the payment of various costs of engineering and administrative services for the "Highland Road Water Storage Tank Construction" project authorized by Resolution adopted October 4, 1989, and it is further RESOLVED, that this resolution is adopted subject to permissive referendum, pursuant to Article 7 of the Town Law. RESOLUTION # 5B AUTHORIZATION FOR EXPENDITURE FROM SEWER IMPROVEMENT CAPITAL RESERVE Motion made by Councilman O'Donnell Seconded by Councilman Rocco VOTE- ALL AYE ADOPTED WHEREAS, this Board established a Sewer Improvement Capital Reserve Fund by Resolution No. 208 on December 4, 1984, pursuant to General Municipal Law Section 6-c, for the cost of construction, reconstruction and acquisition for sewer improvements, and WHEREAS, it is now beneficial to use a portion of the funds on deposit in said account, NOW, THEREFORE, BE IT Wednesday, February 07, 1990 Page 15 275 RESOLVED, that there is hereby authorized the expenditure of $11,250.00 from the Sewer Improvement Capital Reserve Fund for the payment of various costs of engineering and administrative services for the "Rt. 281/Groton Avenue Plaza Sewer Project-1990" authorized by Resolution adopted January 3, 1990, and it is further RESOLVED, that this resolution is adopted subject to permissive referendum, pursuant to Article 7 of the Town Law. A Motion was made by Councilman O'Donnell, seconded by Councilman Rocco, to recess the Regular Meeting and convene to an Executive Session. All voting aye, the motion was carried. The following information was received from the Supervisor's Office, A motion was made by Councilman Testa, seconded by Councilman Thorpe, to adjourn the Executive Session and reconvene to the Regular Meeting. All voting aye, the motion was carried. No action was taken. A motion was made by Councilman Rocco, seconded by Councilman O'Donnell, to adjourn the Regular Meeting. All voting aye, the motion was carried. Meeting adjourned at 9,45 p.m. Respectfully submitted, Pauline H. Parker, CMC Town Clerk Town of Cortlandville �J