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Wednesday, September 19, 1990 7:30 P.M.
PUBLIC HEARING
AQUIFER SPECIAL PERMIT
GREAT LAKES BUILDING SYSTEM - SCHWAN'S
A Public Hearing was held at the Town Hall, 15
Terrace Road, Cortland, New York, on September 19, 1990
at 7:30 o'clock p.m. concerning an Aquifer Special
Permit for Great Lakes Building Systems, Schwan's Sales
& Enterprises, located on Rt. 13, Lorings Crossings, in
the Town of Cortlandville.
Members present: Supervisor, Melvin Pierce
Councilman, Theodore Testa
Councilman, Edwin O'Donnell
Councilman, Ronal Rocco
Town Clerk, Pauline Parker
Absent: Councilman, Raymond Thorpe
Others present were: Attorney, Phillip Rumsey;
Highway Sup't., Carl Bush; Marian Meiczinger of the
S.P.C.A.; Mr. James Swinehart of Gwen Dr.; Mark
Barden, of Barden Homes; Cindy Bickford of Resource
Engineering and Dr. and Mrs. Lee Ambrose.
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. No questions or comments were
heard.
Councilman Rocco made a motion, seconded by
Councilman O'Donnell, to adjourn the Public Hearing.
All voting aye, the motion was carried.
The Public Hearing was adjourned at 7:35 p.m.
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Wednesday, September 19, 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, on September 19, 1990 at 7:30
o'clock P.M. following a Public Hearing.
Members present: Supervisor, Melvin Pierce
Councilman, Theodore Testa
Councilman, Edwin O'Donnell
Councilman, Ronal Rocco
Town Clerk, Pauline Parker
Absent: Councilman, Raymond Thorpe
Others present were: Attorney, Phillip Rumsey;
Highway Sup't., Carl Bush; Mrs. Marian Meiczinger of
the S.P.C.A.; Mr. James Swinehart of Gwen Lane; Mr.
Mark Barden of Barden Homes; Ms. Cindy Bickford of
Resource Engineering and Dr. and Mrs. Lee Ambrose.
The meeting was called to order by Supervisor
Pierce. Following the pledge of allegiance to the flag
a Public Hearing was held concerning a Aquifer Special
Permit for Great Lakes Building System.
A motion was made by Councilman O'Donnell, seconded
by Councilman Rocco, to approve, as written, the Town
Board Minutes of August 1, 1990. All voting aye, the
motion was carried.
RESOLUTION #247 AUTHORIZE PAYMENT OF VOUCHERS -
SEPTEMBER
Motion by Councilman Rocco
Seconded by Councilman O'Donnell
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, that the vouchers submitted have been
audited and shall be paid as follows:
General Fund A Voucher #316 - 330 $6,306.51
General Fund B 85 - 86 46.12
Highway Fund
Water Fund 115 - 116 2,939.00
Sewer Fund 61 - 63 68.51
Capital Projects 143 - ' 112.05
Mrs. Marian Meiczinger, Charter Member of the
Cortland County S.P.C.A., discussed with the Town Board
the financial problem of their Board in relation to
their responsibility for taking care of cats. They have
a Feline Fund Cat Drive going on now. She reported that
they must receive financial assistance in order to
continue providing this service for the community.
New York State Ag. & Markets require that all dogs
be licensed in the state and funding is mandated for
that. There are no regulations for cats. Stray cats
can cause a safety and health problem. Rabies are a big
concern, and the cat population must be controlled.
A discussion was held whereby it was the consensus
of the Town Board that there is a real concern and they
will review the matter further. Supervisor Pierce will
contact other municipalities, to get their thoughts and
report his findings back to the Board.
Wednesday, September 19, 1990 Page 2
Mr. Mark Barden of Barden Homes in Homer requested
the Town Board to consider removing the emergency fire
exit barrier between their properties on Allen Drive and
Chelsea Apartments. At the present time there are two
barriers with chains on them and a "No Exit" sign.
A discussion was held whereby it was determined
that it would be the best for him to meet with the Town
Highway Sup.t, and discuss alternatives with him.
No action was taken.
Mr. James Swinehart of Gwen Lane asked the Town
Board if an exception could be made in regards to the
water benefit tax for his vacant land which is adjacent
to his property that has his residence on. He thought
that it should not be taxed because it was not large
enough to build on. This is a concern for him and
others property owners in his area.
A discussion was held concerning the current plan
in force for charging benefit tax to property owners.
Councilman Rocco requested that a committee be
appointed to review this matter. Members of the Town
Board, Town Attorney, and Town Engineer set a date of
Friday, September 28, 1990 at 6:00 p.m. to meet at the
Town Hall to review this matter.
The reports of various departments are on the table
for review, and are available for inspection, upon
request, in the Town Clerk's office.
A motion was made by Councilman O'Donnell, seconded
by Councilman Testa, to receive and file a copy of the
letter sent to David Yaman from the County Planning
Dept. All voting aye, the motion was carried.
The letter advised that the name of Quail Ridge
Drive for his road in his subdivision off Kinney Gulf
Rd. was not acceptable because there are two other
similar road names in the area.
A motion was made by Councilman Rocco, seconded by
Councilman O'Donnell, to receive and file a copy of the
letter sent to Roger Branchini from Supervisor Pierce.
All voting aye, the motion was carried.
The letter advised of the Town's approval for
street lighting and water and sewer lines for his
property on West Road.
RESOLUTION #248 DECLARE NEGATIVE IMPACT - SPECIAL
PERMIT #6 OF 1990 - GREAT LAKES
BUILDING SYSTEMS FOR
SCHWAN'S SALES AND ENTERPRISES
Motion by Councilman O'Donnell
Seconded by Councilman Rocco
VOTES: ALL AYE ADOPTED
WHEREAS, an application was made by Great Lakes Building
Systems for an Aquifer Protection Special Permit and a
Public Hearing was duly held by the Town Board, and
WHEREAS, the Cortland County Planning Board and the Town
Planning Board have reviewed and recommended this
project, therefore
BE IT RESOLVED, that the Town Board does hereby declare
the proposed project of Great Lakes Building Systems
will have no significant impact on the environment, and
further
393
Wednesday, September 19, 1990
Page 3
RESOLVED, that the Supervisor is hereby authorized and
directed to sign a Negative Declaration regarding this
application.
RESOLUTION #249 APPROVE SPECIAL PERMIT #6 OF 1990 TO
GREAT LAKES BUILDING SYSTEMS FOR
SCHWAN'S'SALES AND ENTERPRISES
Motion by Councilman Rocco
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, that the Town Board does hereby approve
an Aquifer Protection Special Permit, No. 6 of 1990, to
Great Lakes Building Systems for Schwan's Sales &
Enterprises, located on Rt. #13 near Lorings crossings,
pursuant to the Town Zoning Law.
Councilman O'Donnell made a motion, seconded by
Councilman Testa, to receive and file the letter
received from NYS DOT. All voting aye, the motion was
carried.
The letter advised that they had received the
request to lower the speed limit on Kellogg Road.
RESOLUTION #250 -APPROVE EDWARD QUINN JR. - PLUMBER
FOR WATER AND SEWER INSTALLATIONS
Motion by Councilman Rocco
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
WHEREAS, an application was submitted for .plumber
approval to install water and sewer hookups and such
application was in proper order, therefore
BE IT RESOLVED, that Edward Quinn Jr. is hereby approved
for making water and sewer connections in the Town of
Cortlandville and further
RESOLVED, that his name shall be added to the approved
plumber list of the Town of Cortlandville.
A discussion was held concerning the problem of
junk cars in the Town. Our current ordinance needs to
be revised, as many people have expressed concerns
about it.
'Supervisor Pierce will contact General Codes and
request sample ordinances be sent to us from other areas
to review.
RESOLUTION #251 AUTHORIZE TRANSFER OF FUNDS
Motion by Councilman O'Donnell
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, that the Budget Officer is hereby
authorized to transfer $112.05 from the Water Fund
Surplus into the Capital Project Fund H8340.2179
Renaissance Project.
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Wednesday, September 19, 1990 Page 4
RESOLUTION #252 AUTHORIZE THE ISSUANCE OF $150,200
SERIAL BONDS OF THE TOWN OF
CORTLANDVILLE, CORTLAND COUNTY, NEW
YORK, TO PAY THE COST OF THE
PURCHASE AND CONSTRUCTION OF A WATER
IMPROVEMENT KNOWN AS RENAISSANCE/
N.Y.S. RT. 281/HOMER CONNECTION
WATER IMPROVEMENT
("lotion by Councilman Testa
Seconded by Councilman Rocco
VOTES: 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
September 5, 1990, the Town Board of the Town of
Cortlandville, Cortland County, New York, has
established the Town of Cortlandville Renaissance/N.Y.S.
Rt. 281/Homer Connection Water Improvement; and
WHEREAS, it is now desired to authorize the issuance of
$150,200 serial bonds of said Town to pay the cost of a
water system improvement for said Renaissance/N.Y.S.
281/ Homer Connection Water Improvement; and
WHEREAS, all conditions precedent to the financing of
such capital project, including compliance with the
provisions of the State Environmental Quality Review
Act, have been performed;
NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the
Town of Cortlandville, Cortland County, New York, as
follows:
Section 1. For the specific object or purpose of
paying the cost easements and other land acquisition,
sitework, the installation of water main, hydrants,
valves and pumps, and other items together with
equipment, machinery and apparatus and other
appurtenances necessary in connection therewith, and for
the paying the cost of purchase of existing water line,
hydrants and valves along N.Y.S. Rt. 291, such purchase
not to exceed $1051200 there are hereby authorized to be
issued $150,200 serial bonds of the Town of
Cortlandville, Cortland County, New York, pursuant to
the provisions of the Local Finance Law.
Section 2. It is hereby determined that the
maximum estimated cost of such specific object or
purpose is $150,200 and that the plan for the financing
thereof shall consist of the issuance of the $150,200
serial bonds of said Town authorized to be issued
pursuant to this bond resolution. Further details
concerning said bonds will be prescribed in a further
resolution or resolutions of this Town Board.
Section 3. It is hereby determined that the period
of probable usefulness of the aforesaid specific object
or purpose is forty years, pursuant to subdivision 1 of
paragraph a of Section 11.00 of the Local Finance Law.
It is hereby further determined that the maximum
maturity of the serial bonds herein authorized will
exceed five years.
Wednesday, September 19, 1990 Page 5
Section 4. Subject to the provisions 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 the serial bonds herein authorized,
including renewals of such 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
Cortlandville, Cortland County, New York, are hereby
irrevocably pledged to the payment of the principal of
And interest on such bonds as the same respectively
become due and payable. An annual appropriation shall
be made in each year sufficient to pay the principal 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
2) The provisions of law which should be
complied withat 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 #253 SCHEDULE PUBLIC.HEARING TOWN OF
CORTLANDVILLE ORDER PURSUANT TO TOWN
LAW SECTION 209-q (3) "GROTON AVENUE
PLAZA, ROUTE 281 & LUKER ROAD
AREA SEWER PROJECT"
Motion by Councilman Testa
Seconded by Councilman O'Donnell
VOTES: 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 establishment of a
sewer improvement project for Groton Avenue Plaza, Route
281 & Luker Road Area and designated "Groton Avenue
Plaza, Route 281 & Luker Road Area Sewer Project", as
required by Section 209-q and'209-c of the Town Law, and
are available for public inspection, and
3qt-
Wednesday, September 19, 1990
WHEREAS, the proposed
extension of sewer lines
Avenue Plaza, Route 281
approximately 6800 feet o
station in accordance with
the Office of the Towr
Cortlandville, and
Page 6
improvement consists of the
to the area of the Groton
and Luker Road to include
r sewer pipe and a pumping
the said plans now on file in
Clerk of the Town of
WHEREAS, the maximum amount proposed to be expended for
said improvement is $525,000.00 and
WHEREAS, the proposed method of financing of said
improvement is expenditure of $200,000.00 from the Sewer
Fund Surplus Account (funds accumulated from unexpended
sewer rents and user fees) of the Town of Cortlandville
and the balance of a maximum of $325,000.00 by the
issuance of bonds by the Town of Cortlandville for a
maximum term of forty years at prevailing interest; all
costs, 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
proposed that all lots or parcels in the Town of
Cortlandville outside of Villages, capable of being
serviced by the "Article 12-C" Sewer Improvements
heretofore and hereafter provided, are lots or parcels
benefited by the proposed sewer improvement; and the
cost of the proposed sewer project and all previous
improvements shall be spread upon and over the enlarged
benefited area, all of such improvements constituting
one sewer system, such system being described by and
including the areas set forth in the "Maryland Avenue
Sewer Project-1990" Order adopted January 17, 1990 and
the following parcels designated on the 1990 Cortland
County Real property Tax Maps as Cortlandville tax
parcels:
Tax flap 86.13-01:
Parcels: 45.1, 45.2, 46, 47, 55.11, 55.12,
55.21, 55.22, 56, 57.2, 58.2, 60, 61, 62, 63,
64, 65.1 and 65.2.
Tax Map 86.17-01:
Parcels: 01, 02, 03.1, 04, 05, 06, 07.1,
07.2, 08.21. 09, 10.211,10.212, 10.22, and 11.
Tax Map 86.17-02:
Parcels: 03 and 04.
WHEREAS, it is further proposed 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
WHEREAS, a short Environmental Assessment Form has been
prepared pursuant to the State Environmental Quality
Review Act, and is available for review by the public at
the Cortlandville Hall,
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Wednesday, September 19, 1990 Page 7
IT IS HEREBY ORDERED, that a meeting of the Town Board
of the said Town of Cortlandville shall be held at the
Town hall, 15 Terrace Road, Cortland, New York on the
3rd day of October, 1990 at 7:30 o'clock p.m. of that
day to hear all persons interested in the proposed sewer
improvement, and for such other action of said Town
Board with relation to the said sewer improvement as
may be required by law or be deemed proper.
RESOLUTION #254 AUTHORIZE SUPERVISOR TO SIGN
NECESSARY DOCUMENTS FOR STATE
FUNDING - LAMONT CIRCLE SEWER
Notion by Councilman Rocco
Seconded by Councilman O'Donnell
VOTES: ALL AYE ADOPTED
WHEREAS, the Town of Cortlandville, herein called the
"Municipality," after thorough consideration of the
various aspects of the problem and study of available
date, has hereby determined that certain work, as
described in the State Contract'', herein called the
"Project," is desirable, in the public interest, and is
required in order to study and/or implement the local
project or program; and
WHEREAS, under Chapter 53, Section 1 and 2, of the Laws
of 1990 relating to the Local Assistance Budget the
Legislature has authorized financial assistance to
localities for services and expenses related to local
projects, programs and studies by means of a written
agreement; and
WHEREAS, the Municipality has examined and duly
considered Chapter 53, Sections 1 and 2; of the Laws of
1990 relating to the Local Assistance Budget and deems
it to be in the public interest and benefit under this
Law to enter into a contract therewith;
NOW, THEREFORE BE IT RESOLVED, by the Town Board:
1. That the Cortlandville Town Supervisor is
directed and authorized as the official
representative to act in connection with any
contracts between the Municipality and the State,
and to provide such additional information as may
be required;
2. That one (1) certified copy of this Resolution
be prepared and sent to the New York State
Department of Environmental Conservation,Albany,
New York together with the State Contract.
3. That this Resolution take effect immediately.
A motion was made by Councilman Rocco, seconded by
Councilman O'Donnell, to adjourn the regular meeting.
All voting aye, the motion was carried.
The meeting was adjourned at 6:20 p.m.
Respect ully(submit��d,
Pauline H. Parker, C C
Town Clerk
Town of Cortlandville