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.
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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.
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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
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Wednesday, February 07, 1990 Page 9
on
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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
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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
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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