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Home My WebLink About08-16-1989Wednesday August 16, 1989 The Regular of Cortlandville, Road, Cortland, presiding. Regular Meeting 5:30 P.M. Meeting of the Town Board of the Town was held at the Town Hall, 15 Terrace New York, with Supervisor Pierce Members present: Supervisor Melvin Pierce Councilman Raymond Thorpe Councilman Ronal Rocco Councilman Theodore Testa Town Clerk Pauline Parker absent: Councilman Edwin O'Donnell Others present were Town Attorney, Phillip Rumsey; Town CEO, Bruce Weber; Dr. Ambrose; Attorney, William Pomeroy; George Haskell, G. Richard Crozier, and Steve Cluttish. The meeting was called to order by Supervisor Pierce at 5:30 o'clock p.m. He requested that all those in attendance rise and pledge allegiance to the flag. A motion was made by Councilman Rocco, seconded by Councilman Testa, to receive and file the Cortlandville Planning Board minutes of July 25, 1989. All voting aye, the motion was carried. RESOLUTION ##203 AUTHORIZE PAYMENT OF VOUCHERS - AUGUST Motion by Councilman Rocco Seconded by Councilman Thorpe VOTES: ALL AYE ADOPTED BE IT RESOLVED, that the vouchers submitted have been audited and shall be paid as follows: adit of bills General Fund A Vouchers #258 - 269 $26,497.09 General Fund B 93 - 99 23,005.11 Highway Fund 238 - 252 23,744.68 Water Fund 104 - 117 8,051.44 Sewer Fund 55 - 57 49,146.41 Capital Projects 66 - 67 290.00 Supervisor Pierce offered the privilege of the floor to George Haskell. privilege of Mr. Haskell proposed some changes in the process of floor George acquiring certain permits from the Cortlandville Haskell Planning Board. He apprised that the Cortlandville process is slow compared to other municipalities, and requested Board members to review and possibly change some of the processes. RESOLUTION #204 REFERRAL TO C'VILLE PLANNING BOARD REQUEST FOR CHANGE IN PROCESSES TO EXPEDITE CERTAIN PERMIT APPLICATIONS Motion by Councilman Rocco ea �pR diticaUermnsit Seconded by Councilman Testa VOTES: ALL AYE ADOPTED 150 Wednesday August 16, 1989 Page 2 WHEREAS, a request has been made by George Haskell to change some of the requirements for acquiring specific permits from the Cortlandville Planning Board, since some are very time consuming and could cause the loss of sales of properties or tenants to property owners, and WHEREAS, it has been suggested that the Town Zoning Officer could make certain judgments based on his knowledge of zoning, and WHEREAS, a joint meeting of the Town Board and the Town Planning Board has been recommended, therefore BE IT RESOLVED, that the matter of expediting certain zoning permit applications is hereby referred to the Town Planning Board for their recommendation. Supervisor Pierce offered the privilege of the floor to Dr.Lee Ambrose, of Renaissance Assoc. Mr. Ambrose submitted a letter, regarding a Ambrose sewer request for Town sewer to service his project off Rt. 281 known as Renaissance. The letter was addressed to all board members and copies sent to the Health Department, attorney, W. Pomeroy, S. Manes, Tim Buhl, and R. Swartout. RESOLUTION #205 APPOINT COMMITTEE TO REVIEW AMBROSE REQUEST FOR TOWN SEWER FOR RENAISSANCE committee review Ambrose request Motion by Councilman Rocco Seconded by Councilman Testa VOTES: ALL AYE ADOPTED WHEREAS, Dr. Ambrose has submitted a request for Town Sewer to service his project off Rt. 281, and WHEREAS, said request needs to be reviewed by capable persons, therefore BE IT RESOLVED, that Supervisor Pierce does hereby appoint a committee consisting of Councilman Ed O'Donnell, Councilman Raymond Thorpe, Town Engineer, Hayne Smith, and Tim Buhl, Engineer, to review the request by Dr. Ambrose for Town Sewer for his project off Rt. 281, and determine if such is feasible, and also RESOLVED, that said letter from Dr. Ambrose shall be received and filed. RESOLUTION #206 REFERRAL TO TOWN PLANNING BOARD - special permit SPECIAL PERMIT - EMPIRE VISION Empire Vision Motion by Councilman Rocco Seconded by Councilman Thorpe VOTES: ALL AYE ADOPTED WHEREAS, application has been made by Empire Vision to develop over the Aquifer, and WHEREAS, the next step in the process is review by the County Planning Board and the Town Planning Board, therefore Wednesday August 16, 1989 Page 3 BE IT RESOLVED, that the application for a Special Permit by Empire Vision is hereby referred to the Cortlandville Planning Board for their review and recommendation. RESOLUTION ##207 REFERRAL TO TOWN PLANNING BOARD - ZAUSMER FRISCH - SPECIAL PERMIT Motion by Councilman Rocco Zausmer Frisch special permit Seconded by Councilman. Thorpe VOTES: ALL AYE ADOPTED WHEREAS, application has been made by Ben. Pierce of Zausmer Frisch, to develop over the Aquifer, and WHEREAS, the next step in the process is review by the County Planning Board and the. Town Planning Board, therefore BE IT RESOLVED, that the application for a Special Permit by Zausmer Frish is hereby referred to the Cortlandville Planning Board for their review and recommendation. RESOLUTION #208 RECEIVE AND FILE STATEMENT OF COMPLETION-.BENNIE ROAD WATER SYSTEM Motion by Councilman Thorpe completion Seconded by Councilman Testa Bennie Road VOTES: ALL AYE ADOPTED water system WHEREAS, the Bennie Road Water System Improvement Project has been completed, therefore BE IT RESOLVED, pursuant to Section 236.of the Town Law, that the actual and complete costs of construction the Water System Improvements for Bennie Road, referred to and described in Resolution No. 253 dated October 05, 1988, was as follows: CONSTRUCTION COST CONTRACTOR F. G. Compagni Construction Co. $26,330.00 MISCELLANEOUS Resource Associates 66.60 Resume & Secretarial Center 144.00 Cortland Standard 138.46 Postage 7.20 $26,686.46 RESOLUTION #20 -9 ACKNOWLEDGE RECEIPT FROM STATE - LOCAL LAW NO. � FOR 1989 Motion by Councilman Rocco local law #� Seconded by Councilman Testa VOTES: ALL AYE ADOPTED WHEREAS, notice was received from New York Department of State on August 03, 1989 apprising that they had received Local Law No. 2 for 1989, therefore 152 traffic light Starr & Rt. 215 liquor license Cort-lanes Armando Natale forgive penalty Wednesday August 16, 1989 Page 4 BE IT RESOLVED, that Local Law No. 2 for 1989, amending Zoning Law establishing a Business Transition District for the Town of Cortlandville became effective July 24, 1989. RESOLUTION #210 RECEIVE ORDER FROM STATE DOT - TRAFFIC LIGHT - STARR & RT. 215 Motion by Councilman Testa Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED WHEREAS, request was made to the State DOT to review the situation at the intersection of Starr Road & Rt. 215 in the Town of Cortlandville, and WHEREAS, a study was implemented by the State and it was determined that there is a need for a different light, therefore BE IT RESOLVED, that notice has been received from the State of New York that the Department of Transportation has filed an order with the Secretary of State whereby Section 2111.06 (c) of the Department's regulations is amended to read as follows: (c) Intersection of Route 215, SH 5424, with Starr Road, CR 120C, with the flashing signal displaying yellow indications facing north and south on Route 215 and red indications facing east and west on Starr Road. (Signal 20), to be effective upon the installation, modification or removal of the necessary traffic control device (s) required by and conforming to the State Manual of Uniform Traffic Control Devices. RESOLUTION #211 ACCEPT NOTICE OF LIQUOR LICENSE RENEWAL CORT-LANES - TOMPKINS ST. EXT. Motion by Councilman Rocco Seconded by Councilman Thorpe VOTES: ALL AYE ADOPTED BE IT RESOLVED, that notice has been received from Cort- Lanes of Tompkins St. Ext., advising that they are renewing their liquor license in accordance with the Alcoholic Beverage Control Law. RESOLUTION #212 DENY REQUEST TO FORGIVE PENALTY - WATER AND SEWER - ARMANDO NATALE - Motion by Councilman Thorpe Seconded by Councilman Testa VOTES: ALL AYE ADOPTED WHEREAS, a request was submitted from Armando Natale to the Town Clerk asking the water department to forgive the penalties for late payment of the water and sewer bill for the quarter ending June 30, 1989, and WHEREAS, the situation has been reviewed by the Board members thoroughly, and it is the Board's determination that Mr. Natale has had ample time to pay, therefore 1 1 i Wednesday August 16, 1989 Page 5 BE IT RESOLVED, that the Town Board does hereby deny the request from Armando Natale to forgive the penalties assessed to his water and sewer account for late payment. RESOLUTION #213 AWARD BID FOR LIME HOLLOW WELL COMPLETION — UNION SETTLEMENT ENT. INC. Motion by Councilman Thorpe Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED WHEREAS, on June 21, 1989, Town Engineer, Hayne Smith was authorized to let out bids for the Lime Hollow Well Completion Project, and WHEREAS, on August 14, 1989, submitted, sealed bids were opened, read aloud, and given to the Town Engineer for review, and WHEREAS, the lowest bid was received from Union Settlement Enterprises, Inc. from West Monroe, NY in the amount of $279,071.00, and has been found to be in proper order, therefore BE IT RESOLVED, that the Town Board of the Town of Cortlandville does hereby award the Lime Hollow Well Completion Project to Union Settlement Enterprises, Inc. for the amount of $279,071.00. RESOLUTION #214 REQUEST COUNTY LEGISLATURE TO APPLY SURPLUS SALES AND USE TAX TO REDUCE COUNTY TAX LEVY IN AREAS OUTSIDE VILLAGES FOR 1990 Motion by Councilman Testa Seconded by Councilman Thorpe VOTES: ALL AYE ADOPTED WHEREAS, pursuant to Resolution No. 118 adopted at a Special Meeting of this Board held on August 29, 1978, the Town of Cortlandville elected to have it's proportionate share of the Cortland County Sales and Use Tax which is due the area of the Town outside of Villages to pay in cash directly to the Town to be used for any legal Town, outside village purposes and WHEREAS, pursuant to the Town's election referred to herein, the amount of Sales Tax to be received by the Town of Cortlandville will exceed the amount necessary to fund the portion of the Budget attributable to areas outside of Villages, and WHEREAS, there will therefore be surplus of Sales Tax available and which this Board desires to be credited against the County Tax in the area of the Town outside of Villages, and WHEREAS, the surplus referred to herein will be in the amount of $387,000.00. NOW THEREFORE, be it award bid Lime Hollow county sales tax 154 new budget resignation R. D. Demeree Wednesday August 16, 1989 Page 6 RESOLVED, that the Cortland County Legislature be and hereby is requested to apply said amount of $387,000.00 surplus Sales Tax as referred to herein, to the reduction.of the County Tax levied against the real property in the area of the Town of Cortlandville outside of the Villages for the fiscal year 1990, and also RESOLVED, that the Town Clerk be and she is hereby authorized and directed to forward a certified copy of this resolution to the Cortland County Legislature. RESOLUTION #215 AUTHORIZE NEW BUDGET APPROPRIATION A1641.4 - PUBLICITY Motion by Councilman Thorpe Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED BE IT RESOLVED, that the bookkeeper is hereby authorized to set up a new budget appropriation account A1641.4 for Publicity, and appropriate $1,200.00 from Surplus Funds to A1641.4 for the Town newsletter. RESOLUTION #216 ACCEPT RESIGNATION OF R. DIANE DEMEREE DEPUTY TOWN CLERK Motion by Councilman Rocco Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, that the resignation of R. Diane Demeree from the office of Deputy Town Clerk for the Town of Cortlandville is hereby accepted, and shall be effective August 25, 19B9, and also RESOLVED, that her letter of resignation is hereby received and filed. RESOLUTION #217 HIRE MARILYN BARKER - 1ST DEPUTY hire M.B. Barker TOWN CLERK Motion by Councilman Thorpe Seconded by Councilman Testa VOTES: ALL AYE ADOPTED WHEREAS, there exists a vacancy in the position of 1st Deputy Town Clerk, due to the resignation of Diane Demeree, and WHEREAS, Town Clerk, Pauline H. Parker has interviewed applicants for the position, and has submitted to the Town Board, her recommendation for the position, therefore BE IT RESOLVED, that the Town Clerk is hereby authorized to hire Marilyn B. Barker, 10 Highland Ave., McGraw, NY for the position of 1st. Deputy Town clerk effective August 21, 1989, at a starting salary of s11,850.00 to be paid from A1410.1 1 1 155 Wednesday August 16, 1989 Page 7 A discussion followed regarding the Lead Agency status of Nanam Corporation's water permit request to Nanam water provide water to the subdivision known as Renaissance. The Village of Homer has submitted a request to be Lead Agency in the matter. After much discussion on the matter, the Board agreed that because said project is entirely in the Town of Cortlandville, and there is some concern regarding run-off, that the Town Board of the Town should be Lead Agency. A motion was made by Councilman Rocco, seconded by Councilman Testa, to adjourn the meeting. All voting aye, the motion was carried. The meeting was adjourned at 6:30 p.m. ( Resp ctful y Isubi;tted, Pauline H. Parker CMC Town Clerk Town of Cortlandville 1 1