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