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HomeMy WebLinkAbout09-19-19909� 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. 1 39/ 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. 3911 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, 1 1 1 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