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HomeMy WebLinkAbout02-01-1989Me, Wednesday February 01, 1989 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, with Supervisor Pierce presiding. Members present: Supervisor Melvin Pierce Councilman Raymond Thorpe Councilman Edwin O'Donnell Councilman Ronal Rocco Councilman Theodore Testa Town Clerk Pauline H. Parker Others present were Town Attorney, Phillip Rumsey; Town Historian, Alice Blatchley; Town Assessor, David Briggs; Town H'way Superintendent, Carl Bush; newsreporters, Lily Wilson` Patrick Faraday, and Chris 8ernardski; Willet Supervisor, Eleanor Ritter; and several residents, including Jeff Ten Eyck, Dean Mitchell, Karen Bush, Mr. and Mrs. James Stevens, and MR. and Mrs. Louis Rosen. The meeting was called to order by Supervisor Pierce at 7:30 o'clock p.m. He requested that all those in attendance rise and pledge allegiance to the flag. RESOLUTION #44 DECLARE OPPOSITION TO SELECTION OF ANY SITE IN CORTLAND COUNTY FOR LOW-LEVEL RADIOACTIVE WASTE DISPOSAL SITE Declare opposition to nuclear waste site Motion by Councilman Thorpe Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED WHEREAS, the New York State Low -Level Radioactive Waste Siting Commission has selected an area extending 'Into several towns in the southeast portion of the County of Cortland as a potential site for low-level radioactive waste disposal site, and WHEREAS, the Town of Cortlandville and much of Cortland County is blessed with an extensive, valuable Federally designated sole -source aquifer, as well as other important interconnected aquifers providing water for human consumption, and WHEREAS, the transportation and/or storage of radioactive, chemical or any other toxic or hazardous waste would pose an immediate and substantial danger to the health, safety and welfare of the inhabitants of much of the County of Cortland, including the Town of Cortlandville, due to the great potential of harm to humans, plants and animals by among other things the contamination of existing quality, wholesome ground water, and WHEREASr a negative economic impact of such a site would be affected on all municipalities in the County of Cortland, due to negative changes in property values and population' and WHEREAS, municipalities and emergency services in the County of Cortland generally lack the manpower and equipment to manage a crises or emergency which can arise from the extensive transporting and/or storage of radioactive, chemical and/or other toxic or hazardous waste, now, therefore be it Wednesday February 01, 1999 Page 2 RESOLVED, that the Town of Cortlandville opposes the selection of any site within the area of any municipality within the County of Cortland as a low- level radioactive waste disposal site, and be it further RESOLVED, that the Town Clerk shall forward a copy of this resolution to appropriate federal, state, county and local officials. RESOLUTION #45 AUTHORIZE SUPERVISOR TO WRITE LETTER TO SUSQUEHANNA RIVER BASIN AUTHORITY Motion by Councilman Rocco Authorize Mel Seconded by Councilman O'Donnell tuwrite Iette: VOTES: ALL AYE ADOPTED toSRBA WHEREAS, per Resolution #44 of 1989r the Town opposed any site selection within the area of any municipality within the County of Cortland as a low-level radioactive waste disposal site, and WHEREAS, two Counties in this area have two rivers that feed into the Susquehanna River, the Otselic and the Tioughniogar and WHEREAS, The Susquehanna River Basin Commission is very strict about anything around any of the Basin tributaries, therefore BE IT RESOLVED, that the Supervisor is hereby authorized and directed to write a letter to the Susquehanna River Basin Authority, requesting their support in opposition of any site selection in this general area as a low- level radioactive waste disposal site. A motion was made by Councilman O'Donnell, seconded by Councilman Thorpe, to receive and file the letter reo& file from Supervisor Sandra S. Rausa and Supervisor Eleanor letter from Ritter. All voting aye, the motion was carried. E.Ritter &B, The letter was regarding the Radioactive Waste Dump8anaa proposed for Cortland County. A motion was made by Councilman Thorpe, seconded by Councilman Rocco, to approve, as written, the Cortlandville Town Board minutes of January 18, 1989. approve as All voting aye the motion was carried. ^ written TB min 01/18/89 A motion was made by Councilman Thorpe, seconded by Councilman Rocco, to receive and file the Cortlandville reo & file Planning Board minutes of January 11, 1989. All voting PlanniB=d aye, the motion was carried~ min. 0�Y11/89 RESOLUTION #46 AUTHORIZE PAYMENT OF VOUCHERS - JANUARY Motion by Councilman Thorpe Audit of bills Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED M Wednesday February 01, 1989 Page 3 BE IT RESOLVED, that the vouchers submitted have been audited and shall be paid as follows: General Fund A Vouchers #35 - 51 $17,771.43 General Fund 8 5 - 9 15,336.78 Highway Fund 22 - 31 9,828.53 Water Fund 11 49.06 Sewer Fund 10 - 11 18.83 Capital Projects 4 4.95 Town Historian, Alice Blatchley submitted her annual report annual report for the Board. She explained some of the of Historian significant happenings of the Town over the year. A motion was made by Councilman Rocco, seconded by Councilman Thorpe, to receive and file the annual report from the Town Historian. All voting aye, the motion was carried. Supervisor Pierce offered the privilege of the floor to Eleanor Ritter, The Supervisor from Willet. Supervisor Ritter- apprised the Town Board of the situation regarding the proposed choice of a site in Eleanor Ritter Cortland County, specifically the Town of Willet, to low level place a low - level radioactive waste dump in Cortland radioactive County. She also apprised of a meeting on February 02, waste dump 1989 at the County Office Building in Cortland, and requested support from the Town Board. Councilman Thorpe asked if the County is being supportive or helpful. Ms. Ritter apprised her concern that the Cortland residents don't seem to be interested enough. After more discussion of the situation and questions from the Councilmen, it was decided to have the Councilmen represent the Town at the proposed meeting of February 2, 1989. Councilman Thorpe requested the Town attorney to review the situation to determine if there is any funding available to support the opposition to this proposed waste dump. Supervisor Pierce offered the privilege of the floor to Jeff TenEyck, Manager of Cortland County Soil Jeff TenEyck and Water Conservation District. services of Mr. TenEyck gave a presentation to those present of C.Co.Soil & the services provided by the Cortland County Soil and water Cons.Dist.Water Conservation District. Funding comes from Cortland County, they are non -regulatory, they are appointed by the County Legislature, they provide technical assistance to any landowner in the County and any local. branches of Government, and their primary concern is to help people with conservation, wise use, and management of soil, water and regular resources. They will prepare a site review if requested for any development proposed for the Town . Councilman O'Donnell stated that he has audited the books of the Town Clerk for the year 1.988. He reported audit of books that all was in order. Councilman Thorpe stated that he has audited the books of the Down Justice for the year of 1988. He reported that all was in order. Wednesday February 01^ 1989 Page 4 Councilman Rocco stated that he has audited the books of the Highway Superintendent for the year 1988. He reported that all was in order. Supervisor Pierce offered the privilege of the floor to James Stevens, developer of Ridgeview Ave, in the Town of CortlandvilIe' Mr. Stevens introduced Ron Hall, the contractor who built the road in his development. Mr. Stevens stated that he believed that the road has been built according to all specifications set forth by the Town. After some discussion by the Board, the Supervisor apprised Mr. Stevens that final say will be made by the Town Highway Superintendent, Carl Bush. The Town Board cannot make a decision to accept a road until it has met the approval of Mr. Bush. James Stevens ridgeview roads 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 rec. & file aye the motion was carried. annual report ' from Justice A motion was made by Councilman Rocco, seconded by Councilman O'Donnell, to receive and file the letter from Joanne L. March, Senior Environmental Analyst of reo & file the NYS DEC and the two copies of the permit for Joann*Maxoh CortlandvilIe Water District, 2nd Application, Lime DEC -well Hollow Well #4, Application ID #7-112-0031/1-U WSA #B103. All voting aye, the motion was carried, RESOLUTION #47 ACCEPT STATEMENT OF COMPLETION FOR NEW WATER SOURCE DEVELOPMENT - PHASE I Motion by Councilman Thorpe Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED WHEREAS, the New Water Source Development, Phase I Project has been completed, therefore BE IT RESOLVED, pursuant to Section 236 of the Town Law, that the actual and complete cost of constructing the New Water Source Development, Phase I, referred to and described in Resolution No. 179, dated September 03, 1996` was as follows: PHASE I CONSTRUCTION COST LAND I Gunzenhauser Real Estate CONTRACTOR Randolph Well and Pump SURVEYOR James P. McNamara, L.S. Jon D. Haight, L.S. $55»O0O.O0 32,929.00 5B0.00 4,5Og,00 Statement of Completion Well Wednesday February 01, 1989 MISCELLANEOUS Page 5 NYB Dept. of Environmental Conservation 50.00 Buck Engineering & Environmental Lab 1n058.35 Cortland Standard 36.22 Postage 3.52 TOTAL $94,157.09 RESOLUTION #42 AUTHORIZE TOWN CLERK TO RETURN NEW SEWER BILLS TO VILLAGE OF HOMER Authorize TC to return sewer bills Motion by Councilman Thorpe to Homer Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED WHEREAS, a new sewer billing was received by the Town Clerk, for property located in the Town of Cortlandville and serviced by the Village of Homer, and WHEREAS, two new customers (located at tax map parcel 76.19-01-36.200 and 76.19-01-35.000), who have no meters installed yet, can be billed only the minimum rate of $9.25 from the Town of Cortlandville due to Town Law, and WHEREAS, the Town of Cortlandville is being billed $194.78 and $188.78 by the Village of Homer for these new customers, and WHEREAS, the attorneys for the Town of Cortlandville and the Village of Homer are in the process of preparing an acceptable contract which will alleviate this problem, therefore BE IT RESOLVED, that the Town Clerk of Cortlandville is hereby authorized to return said bills to the Village of Homer, requesting them to bill these customers directly. RESOLUTION #49 REFERRAL TO TOWN PLANNING BOARD ZONE CHANGE - WESLIE WARREN R-2 TO BUSINESS faferruI to Planning Motion by Councilman Rocco Board- Zone Change Seconded by Councilman Testa W. Warren VOTES: ALL AYE ADOPTED WHEREAS, a request has been made to the Town Board from Weslie Warren for a zoning change from Residential R-2 to Business at tax map parcel no. located in Blodgett Mills, and WHEREAS, the next step in the process of acquiring a zone change is to present this request to the Cortlandville Planning Board, therefore BE IT RESOLVED, that said request from Weslie Warren for a zoning change is hereby referred to the Cortlandville Planning Board for review. M Wednesday February 01, 1909 Page b RESOLUTION #50 REFERRAL TO CORTLANDVILLE PLANNING BOARD AND SCHEDULE PUBLIC HEARING - SPECIAL PERi'? IT -_DEAN M I TCHELL - TOMPK I N S ST . referral to PB Motion by Councilman Rocco schedule PH Seconded by Councilman Thorpe Special Permit VOTES: ALL AYE ADOPTED Dean Mitchell WHEREAS, Dean Mitchell is proposing a project located in the Primary Aquifer Protection Area and has submitted a Special Permit application to the Town, and WHEREAS, the next step in the process of acquiring a special permit for developing over the Aquifer, is review by the Cortlandville Planning Board, therefore BE IT RESOLVED, that the application for a Special Permit from Dean Mitchell is hereby referred to the Cortlandville Planning Board for review, and also RESOLVED, that a Public Hearing shall be held before this Town Board on March 1, 1999 at 7:30 p.m. RESOLUTION #P51 APPROVE DISMANTLERS LICENSE FOR LOUIE ROSEN AND ALLOW NATURAL_ GROWTH FOR SCREENING Louis Rosen Motion by Councilman Thorpe dismantlers Lic Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED WHEREAS, an application has been received from Louie Rosen for a Vehicle Dismantlers License, and WHEREAS, General Municipal Law requires junk yards to be fenced and have a lockable gate, and WHEREAS, there is a provision that allows for natural growth to accomplish the purpose of screening, and WHEREAS, said location has been viewed by the Town CEO and a representative of the DMV and found to be in order and that the natural barriers effectively screen the property, therefore BE IT RESOLVED, that, Louie Rosen, of Tompkins Street Ext. is hereby not required to erect a fence or gate at this time. RESOLUTION 55E RESCHEDULE PUBLIC HEARING - SPECIAL PERMIT-FARR CONSTELLATION-NORSTAR BANK Motion byCouncilman Thorpe reschedule PH Farr Cons tell at Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED ion Special Permit WHEREAS, an application has been received by Farr Constellation to develop over the Aquifer , and WHEREAS, said application has been referred to the proper Boards for their review, and WHEREAS, the next step in the process of acquiring a Special Permit, is to hold a Public Hearing before this Town Board, therefore 32 Extension of Tax Collection Change date for bid opening Bennie Rani Sewer 1hange in Aged 9xemption Wednesday February 01, 1989 Page 7 BE IT RESOLVED, that a Public Hearing shall be heard before this Town Board on Wednesday February 15, 1989 at 5:30 p.m. in the matter of the application for a Special Permit for Farr Constellation. RESOLUTION #53 AUTHORIZE EXTENSION OF TAX COLLECTION Motion by Councilman O'Donnell Seconded by Councilman Thorpe VOTES: ALL AYE ADOPTED BE IT RESOLVED, that the Supervisor is hereby authorized and directed to sign and forward the request for extension of tax collection until June 1, 1989, to the Cortland County Treasurer in compliance with Section 938 of the Real Estate Property Tax Law. RESOLUTION #54 AUTHORIZATION TO CHANGE DATE FOR OPENING BIDS FOR BENNIE ROAD SEWER IMPROVEMENT Motion by Councilman Thorpe Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED WHEREAS, per Resolution No. 27 of the year 1999, the Town Engineer- was authorized to go out to bid for the Bennie Road Sewer Improvement Project, and WHEREAS, said bids were to be opened on February 22, 1989 at 3:00, and awarded on March 01, 1989, and WHEREAS, there is a need to expedite the process, therefore BE IT RESOLVED, that the bid opening for the Bennie Road Sewer- Improvement Project shall be on February 15, 1989 at 3:00 p.m., and awarded on February 15, 1989 at 5:30 p.m. at the regular Town Board meeting. RESOLUTION #55 AUTHORIZE A CHANGE IN THE AGED EXEMPTION REQUIREMENTS FOR RESIDENTS OF THE TOWN Motion by Councilman Thorpe Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED WHEREAS, the Town of Cortlandville allows an aged exemption from taxation of real property owned by persons sixty-five (65) years of age or over, for those who qualify, and WHEREAS, the State of New York and the County of Cortland has changed their income requirements to accommodate a maximum income eligibility level of $9,000.00, and WHEREAS, the Town has not had a revision since 1984, and WHEREAS, Real Property Tax Law Section 467-d now authorizes a graduated schedule of maximum income, therefore �:��� ��� Wednesday February 01, 1989 Page 8 BE IT RESOLVED, that for residents of the Town of CortIandville, the maximum income eligibility level of $9,O00.�� is hereby modified pursuant to and in accordance with Section 467-d of the Real Propert� Tax Law. The percentage of exemption shall be based on the maximum annual income range specified herein, as follows: INCOME RANGE EXEMPTION $ 9,000.00 or less $ 9,000.01-9,499.99 $ 9,500.00-9.999.99 $10,000.00-10,499.99 $10,500.00-10,999.99 $11,000.00-11,499.99 $11,500.00-12,000.00 PERCENTAGE OF 50% 45% 40% 35% 3O$ 25% 20% A discussion followed regarding the water situation in the area of Hillside Driven Alexandria Drive, and Bell Drive. It was the consensus of the members of the Board that there should be an informational meeting with those residents of the affected areas to answer any questions that they may have. Supervisor Pierce apprised those present that there will be a meeting on February 24, 1989 at 4:00 p.m. with the Village of Homer and the Cortland County Board of Health, regarding this water situation. Supervisor Pierce offered the privilege of the floor to Mr. Mancini. Mr. Mancini presented his plan to build apartment houses on Owego Street. He expressed a desire to have municipal sewer. He had met with the Mayor of the City of Cortland and was apprised of the existing situation in their jurisdiction. Mr. Mancini asked if the Town of CortlandvilIe could help him obtain sewer for his proposed project. The Board suggested that Mr. Mancini talk to the Chairman of the Cortland Sewer Board, regarding his need for accommodations for Municipal Sewer. A motion was made by Councilman Rocco, seconded by Councilman Testa, to recess the regular meeting and convene to an executive session regarding pending litigation. All voting aye, the motion was carried. The following information was received from the Supervisor's office. A motion was made by Councilman Rocco, seconded by Councilman Thorpe, to adjourn the Executive session and reconvene the regular meeting. All voting aye, the motion was carried. RESOLUTION #56 AUTHORIZE TOWN ATTORNEY TO COMMENCE ETTLEMENT ACTION - PYRAMID PROPERTIES Motion by Councilman O'Donnell Seconded by Councilman Thorpe VOTES: ALL AYE ADOPTED Water aituatio Bell Drive Hillside Mr. Mancini sewer for housing on Owego St. Pyramid Pzoport, 9 Wednesday February 01` 1989 Page 9 WHEREAS, the Town of CortIandville Attorney and Assessor have entered into a tentative agreement to settle the Certiorari Action: The Pyramid Properties VS The Town of CortlandvilIe for the Assessment Roll years 1985 - 1988, and I. WHEREAS, the representatives of Pyramid Properties are in agreement with the tentative agreement, NOW, THEREFORE, BE IT RESOLVED, that the Cortlandville Town Board hereby authorizes the Town Attorney to commence settlement action concerning this pending litigation. A motion was made by Councilman O'Donnell, seconded by Councilman Testa, to adjourn the meeting. All voting aye, the motion was carried. The meeting was adjourned at 9:30 p.m. rReLspetfu "y s , Pauline H. Parker CMC Town Clerk Town of Cortlandville ��� 11