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HomeMy WebLinkAbout12-03-1986j1Z Wednesday, December 3, 1986 7:30 P.M. PUBLIC HEARING N.Y.S. RT. 281 COLLEGE FIELD AREA WATER IMPROVEMENT A Public Hearing was held at the Cortlandville Town Hall, 15 Terrace Road, Cortland, New York, at 7:30 o'clock p.m., concerning the N.Y.S. Rt. 281 College Field area water improvement. Members present: Supervisor Melvin Pierce Councilman Warren Manning Councilman Raymond Thorpe Councilman Edwin O'Donnell Councilman Ronal Rocco Town Clerk Pauline Parker Others present were Attorney, Phillip Rumsey; Deputy Town Clerk, Beth O'Gorman; Highway Superintendent, Carl Bush; Zoning and Code Enforcement Officer, Bruce Weber; News reporter, Kevin Conlin; Cortland County Highway Superintendent, Walt Tennant, and employee Joe Eggleston, town residents, Joe Gunzenhauser, Benny Gunzenhauser, Tom Morton, Robert Moore, Steve and Jamie Dangler. The Public Hearing was called to order by Supervisor Pierce at 7:30 o'clock p.m. The Town Clerk read aloud the legal notice as follows: LEGAL NOTICE TOWN OF CORTLANDVILLE ORDER PURSUANT TO TOWN LAW Section 209-q (3) Whereas, there was filed in the Office of the Town Clerk of the Town of Cort- landville, Cortland County, New York, general plans relating to the establish- ment of a water improve- ment project for the residential cluster of .the N.Y.S. Route 281 College Field area of the. Town of Cortlandville (Tax Map Number 96.05-1-3 through 8 inclusive and, 95-1-21), as required by Section 209-q and 209-c of the Town Law, and are available for public inspection, and Whereas, `the proposed improvement consists of the extension of water lines into the said area by construc- tion of approximately 800 lineal feet plus service pipe, in accordance with the said plans now on file in the Of- fice of the Town Clerk of the Town of Cortlandville, and Whereas, The maximum amount proposed to be ex- pended for said improve- ment is $100,000.00, and Whereas, the proposed method of financing the said improvement is from bonds issued by the Town of Cort- landville at a maximum term of 20 years at prevail- ing interest, it is hereby Ordered, that a meeting of the Town Board of the said Town of Cortlandville shall be held at the Town Hall, Terrace Road, Cort- land, New York on the 3rd day of December, 1986 at 7:30 o'clock p.m. of that day to hear all persons in- terested in the proposed water improvement, and for' such other action of said Town Board with relation to the said water improve- ment as may be required by law or be deemed proper. A,a,.,++ 1- Nnvpmhpr 19.1996' Supervisor Pierce offered those in attendance the privilege of the floor for comments and questions. There being no comments or questions from those in attendance, a motion was made by Councilman Rocco, seconded by Councilman Thorpe, to adjourn the Public Hearing. All voting aye, the motion was carried. 1 • is I 313 1 :7 1 • Wednesday, December 3, 19B6 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 Warren Manning Councilman Raymond Thorpe Councilman Edwin O'Donnell Councilman Ronal Rocco Town Clerk Pauline Parker Others present were Attorney, Phillip Rumsey; Deputy Town Clerk, Beth O'Gorman; Highway Superintendent, Carl Bush; Zoning and Code Enforcement Officer, Bruce Weber; News reporter Kevin Conlin; Cortland County Highway Superintendent, Walt Tennant, and employee, Joe Eggleston, town residents, Joe Gunzenhauser, Benny Gunzenhauser, Tom Morton, Robert Moore, Steve and Jamie Dangler. The meeting was called to order by Supervisor Pierce immediately following the Public Hearing regarding the N.Y.S. Rt. 28l College field water improvement project. A motion was made by Councilman Thorpe, seconded by Approve min. Councilman Manning, to approve as written the Oct. 15, 1986 Cortlandville Town Board minutes of October 15, 1986, Oct. 30, 1986 October 30, 19e6, and November 5, 19B6. All voting aye, Nov. 5, 1986 the motion was carried. Supervisor Pierce offered the privilege of the floor to Cortland County Highway Superintendent, Walter Tennant. Mr. Tennant explained that the County Highway Department is seeking a new gravel supply and has made a tentative agreement with Benny and Joe Gunzenhauser to surface mine eighty acres off of Lime Hollow Road, behind Smith Corona Manufacturing. Maps and plans showing the location of the area in respect to surrounding buildings, entrance and exit roads, and elevation in regard to ground water levels were provided for the board members inspection. The proposal states that the beds will be operated by the county to benefit the county and surrounding municipalities. Some excavation will be done by the Gunzenhausers for use in their business. The County will prepare and submit all mining and restoration plans to obtain the permit required by the Department of Environmental Conservation. Zoning and Code Enforcement Officer, Bruce Weber, advised the Board that under section 16.3.4 of the Town Zoning Law consideration in regard to fees may be applicable due to town participation. The Zoning Law further states that the Planning Board, after due notice and a public hearing as provided by law, may authorize the issuance of a permit, contingent upon an agreement having been executed with the Town Board for the restoration of the premises. The Town Supervisor must sign the permit submitted to Gunzenhauser Co. gravel beds 314 Wednesday, December 3, 1986 Page 2 the D.E.C. agreeing to the conditions of the permit for mining and restoration. It was the consensus of the Town Board that this proposal be forwarded to the Cortlandville Planning Board for further review. Rec. & File A motion was made by Councilman Thorpe, seconded by C-ville Pl. Bd. Counci Iman O' Donnell , to receive and fi le the October Minutes 28, 1986, and November 12, 1986, minutes of the 28, 1986 Cortlandville Planning Board. All voting aye, the isOct. Nov. 12, 1986 motion was carried. Auth. payment RESOLUTION #239 AUTHORIZE PAYMENT OF VOUCHERS - DEC. of Dec. vouchers Motion by Councilman O'Donnell Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED BE IT RESOLVED, that the vouchers submitted have been audited and shall be paid as follows: General Fund Vouchers #584-603 $14,497.78 Highway Fund 275-286 34,599.60 Water Fund 149-154 46,340.86 Sewer Fund 83 1/2-92 4,503.59 Sears Rd. RESOLUTION #240 NOTIFY CORTLAND COUNTY HIGHWAY Reduce Speed DEPARTMENT OF REDUCED SPEED REQUEST T. Morton SEARS ROAD Motion by Councilman Rocco Seconded by Councilman Thorpe VOTES: ALL AYE ADOPTED WHEREAS, town resident, Tom Morton, requested at the Town Board meeting of December 3, 1986, that the Board consider a reduction in speed on the Sears Road, and WHEREAS, the Town Board is aware and sympathetic to the concerns of area residents in regard to the public hazard caused, therefore BE IT RESOLVED, that the Town Clerk is hereby authorized and directed to forward the request to the Cortland County Highway Sup't., pursuant to Section 1620 (A) of the Vehicle and Traffic Law, to establish a lower maximum speed at which vehicles may proceed on Sears Road. Ames Parking RESOLUTION #241 AUTHORIZE SUPERVISOR PIERCE TO lot safety DIRECT LETTER - CORTLAND COUNTY T. Morton SHERIFF DEPT. - SEARS ROAD AND AMES PARKING LOT SAFETY Motion by Councilman O'Donnell Seconded by Councilman Manning VOTES: ALL AYE ADOPTED WHEREAS, a recent request was received from town resident Tom Morton, that the Town Board take action to assist in reducing the speed limit on the Sears Road, and reduce the public hazard caused by drivers cutting across the Great American/Ames Department Store parking lot as a short cut between the McLean Road, and Rt. 281, and 315 Wednesday, December 3, 1486 Page 3 WHEREAS, the Town Board is aware and sympathetic to the concerns of town residents in regard to traffic safety, therefore BE IT RESOLVED, that the Supervisor is hereby authorized and directed to forward a letter to the Cortland County Sheriffs Department in regards to these complaints in the hope that increased surveillance will reduce this hazard. The reports of the various departments are on the Reports var'_ous table for review, and are available in the Town Clerks depts. office on request. A motion was made by Councilman O'Donnell, seconded Rec. & File by Councilman Thorpe, to receive and file the letter to letter. Supervisor Pierce from Assembly Speaker, Stanley Fink. S. Fink All voting aye, the motion was carried. The letter expressed appreciation for support of legislation which would provide increased local assistance for the Youth Development and Delinquency Prevention programs. RESOLUTION #242 ACCEPT NOTICE OF LIQUOR LICENSE Willowbrook RENEWAL - W I LLOWBROOK GULF CLUB Gulf - Liquor Renewal Motion by Councilman Thorpe Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED, that notice has been received from the Willowbrook Gulf Club of Virgil Road, Cortland, New York, advising that they are renewing their liquor license in accordance with the Alcoholic Beverage Control Law. RESOLUTION #243 ACKNOWLEDGE CERTIFICATE - JUSTICE Ackn. Cett. MARDIS KELSEN - EDUCATION COURSE M. Kelsen Motion by Councilman Thorpe Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED BE IT RESOLVED, that the certificate of completion of the Advanced Judicial Education Course for Mardis Kelsen, is hereby acknowledged by this Town Board, received and filed. RESOLUTION #244 REFER REQUEST OF CARLTON W. POTTER TO CORTLANDVILLE PLANNING BOARD - REZONE HIGHLAND PARK Motion by Councilman O'Donnell Seconded by Councilman Manning VOTES: ALL AYE ADOPTED WHEREAS, Carlton W. Potter has submitted a request to have that area of Highland Park Subdivision rezoned from R-1 to R-2 because the subdivision does not comply with the newly adopted zoning law in regards to the size of the building lots, for selling purposes, and Rezone Highland Park Sub. request 316 Wednesday, December 3, 19B6 Page 4 WHEREAS, Zoning and Code Enforcement Officer, Bruce Weber, has confirmed the above, and WHEREAS, procedure requires that this request be made first to -the Town Board for input, and then forwarded to the Planning Board for a recommendation, therefore BE IT RESOLVED, that the request made by Carlton W. Potter, for a zoning change from R-1 to R-2 for Highland Park Subdivision, is hereby referred to the Cortlandville Planning Board. Friendly Ice RESOLUTION #245 AUTHORIZE SUPERVISOR TO DIRECT Cream s sewer LETTER - FRIENDLY ICE CREAM CORP. consumption ADDITIONAL METER FOR SEWAGE USE Motion by Councilman O'Donnell Seconded by Councilman Manning VOTES: ALL AYE ADOPTED WHEREAS, Friendly Energy Intern, William 0. McGhee, has requested that permission be granted for Friendly's to install a submeter- to record large quantities of water that are used to cool compressors and also lawn maintenance, as the sewer charge is based on total water consumption, and WHEREAS, the Town Board of the Town of Cortlandville has reviewed this request in regard to the water and sewer ordinance, and the complexities that could arise, therefore BE IT RESOLVED, that the Supervisor is hereby authorized and directed to direct a letter to William 0. McGhee, Energy Intern, for Friendly Ice Cream Corp., advising him that installation of a second meter, for the purpose stated is not acceptable. Assoc. of towns RESOLUTION #246 AUTHORIZE TOWN OFFICERS AND annual meeting EMPLOYEES TO ATTEND ANNUAL MEETING OF ASSOCIATION OF TOWNS - FEB 15-1B, 1987, NEW YORK CITY Motion by Councilman Thorpe Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED, that authorization is hereby granted for town officers and employees, to attend the annual meeting of the Association of Towns, February 15-18, • 19B7, in New York City, and RESOLVED, that the expenses of same shall be reimbursed, subject to audit by the Town Board. J. McGuire RESOLUTION #247 APPROVE JAMES MC GUI RE FOR WATER plumber CONNECTIONS recognition Motion by Councilman Manning Seconded by Councilman Thorpe VOTES: ALL AYE ADOPTED WHEREAS, an application was submitted by James McGuire for plumber recognition and was found to be in proper order, and 317 Wednesday, December 3, 1986 Page 5 WHEREAS, Mr McGuire has been approved for sewer connections, therefore BE IT RESOLVED, that the application submitted by James McGuire, of Rd.#1, Truxton, New York, is hereby approved for water connections, and be it further RESOLVED, that his name shall be added to the approved plumber list for water connections for the Town of Cortlandville. RESOLUTION #248 AUTHORIZE SECOND SHIFT FOR HIGHWAY Hwy. Dept. 2nd DEPARTMENT - WINTER SEASON shift - winter Motion by Councilman Thorpe Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED, that authorization is hereby granted for Highway Superintendent, Carl Bush, to temporarily transfer two employees from the first shift to the second shift for winter season road maintenance, and be it further RESOLVED, that a $.15 per hour raise is hereby granted to those working the second shift. RESOLUTION #249 AUTHORIZE NOTIFICATION TO COUNTY- Relevy unpaid UNPAID WATER AND SEWER CHARGES water & sewer Motion by Councilman Manning Seconded by Councilman Thorpe VOTES: ALL AYE ADOPTED BE IT RESOLVED, that the Supervisor is hereby authorized and directed to forward a list of the unpaid water and sewer accounts to the County as of December 11, 1986, and BE IT FURTHER RESOLVED, that the unpaid amount shall be relevied on the 1987 tax rolls. RESOLUTION #250 TOWN ENDORSEMENT OF SOLE SOURCE endorse sole AQUIFER DESIGNATION CORTLAND source aquifer COUNTY LEGISLATURE LEAD AGENCY Motion by Councilman Manning Seconded by Councilman Thorpe ® VOTES: ALL AYE ADOPTED WHEREAS, the local aquifer, Cortland Countys primary water supply, serving approximately 75% of the population, is one of the ten best characterized and most productive aquifers in the State of New York, and WHEREAS, the Town Board of the Town of Cortlandville, fully appreciates the necessity of fresh ground water supplies for the future development of the town and surrounding county, therefore BE IT RESOLVED, that the Town Board of the Town of Cortlandville hereby supports the efforts of the Cortland County Legislature in requesting sole source designation of the local aquifer by the Federal Environmental Protection Agency, and be it further 318 Wednesday, December 3, 1986 Page 6 RESOLVED, that Town Supervisor Melvin Pierce, is hereby authorized and directed to forward a letter to the Cortland County Legislature expressing the Boards endorsement of sole source aquifer designation. A discussion was held among those present, regarding town endorsement of the sole source aquifer. Initially, the town opposed federal involvement. Information concerning the proposal was not effectively communicated to surrounding municipalities that have a major interest in the aquifer. In order to represent the interests and concerns of town residents, local legislative bodies must be informed. While sole source distinction will place increased priority on the wells for testing and contamination hazards, development will not be precluded in the surrounding area. Application procedures will include additional screening mechanisms to limit operations with hazardous_, potential.. Public hearings will be held prior to sole source designation and surrounding municipalities are encouraged to participate. Discuss Supervisor Pierce advised those present that the Aquifer Town is also establishing an aquifer protection Protection Dist. district. The current zoning law will be amended for establishment of this district with distinctive boundaries. The aquifer protection district will overlap current zones and to be based on information received from Cortland County Planning Board maps. Properties in the zone will not be precluded from development however, Town Board approval will be required. Approval or rejection by the Town Board of development plans, will be based on the businesses potential for contamination of the aquifer. The City of Cortland will be actively involved as their wells are located in the town. The county and other surrounding municipalities will be informed but not involved as zoning authority is at the local level. Joe Gunzenhauser, advised the Board that residents who have heavily invested in the area, based on the 1986 Cortland County Development Plan, are particularly interested in protecting their investment, without sacrificing years of financial planning for future security. Jamie Dangler, Pheasant Run, advised the Board that the sole source aquifer designation is not a new concept and does not require endorsement by any legislative body. Anyone can request sole source designation by proving the need. Her research has indicated that the Cortland County Planning Board recommended sole source designation or other protective action in 1978. Water Supervisor Pierce also advised those present that purification he will be visiting other municipalities currently using filtering and air -striping to remove contamination from their water. These on site inspections and information inquiries will assist in decision making should such action be. required -for town wells. 319 Wednesday, December 3, 1986 Page 7 RESOLUTION #251 APPROVE N.Y.S. RT. 281 COLLEGE FIELD WATER IMPROVEMENT PROJECT AND FUNDING Motion by Councilman Thorpe Seconded by Councilman Manning 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 water improvement project for the residential cluster of the N.Y.S. Route 281 College Field area of the Town of Cortlandville, (Tax Map Number 96.05-01-03.000 through 96.05-01-08.000 inclusive and 95.00-01-21.000) as required by Section 209-q (2) and 209-c of the Town Law, and WHEREAS, an Order was duly adopted by the Town Board on November 19, 1986 reciting the filing of said general plans, the improvements proposed, and the estimated expense thereof and specifying December 3, 1986 at 7:30 o'clock p.m. as the time and the said town Hall in the said Town of Cortlandville as the place where the said Board would meet to consider the documents filed as aforesaid and to hear all persons interested in the subject thereof, concerning the same, and WHEREAS, such Order was duly posted and published as required by law, and WHEREAS, a hearing in the matter was duly held by the Board on this 3rd day of December, 1986 commencing at 7:30 p.m. at the Town Hall in the said Town and discussion upon the matter having been had and all persons desiring to be heard having been duly heard including members of the Board and various other persons, and NOW, upon the evidence given upon such hearing and upon the motion of Raymond Thorpe, Councilman, seconded by Warren Manning, Councilman, and unanimously passed, it is RESOLVED AND DETERMINED, that the plans heretofore filed with the Town Clerk of the Town of Cortlandville are in compliance with Section 209-c of the Town Law of the State of New York and are otherwise sufficient, and that to establish the aforesaid water improvement is in the public interest, and it is further • RESOLVED AND DETERMINED, that the establishment of a water improvement as proposed in said plans be authorized pursuant to Section 209-q (6) (c) of the Town Law; that the improvement therein mentioned be constructed and the service therein mentioned be provided for upon the required funds being made available or provided for; and that such improvement shall be designated and known as the "Route 2B1 College Field Water Improvement", and it is further RESOLVED, that the proposed improvement, including costs of rights of way, construction costs, legal fees, engineering and consultant fees, and all other expenses approximated to be a maximum of $100,000.00 shall be financed as follows: 100% of the cost thereof will be financed with bonds issued by the Town of Cortlandville for a term of a maximum of 15 years and at the interest Approve water improve. project and funding Rt. 281 college field 320 Wednesday, December 3, 1986 Page 8 rate prevailing at the time of sale, said bonds to be retired by payments received from the users and benefitors of the water improvement through water rates, charges and fees in the first instance, and only if necessary by Town charges, and it is further RESOLVED, that the Town Clerk of this Town shall within ten (10) days after the adoption of this Resolution file a certified copy thereof in the Office of the Cortland County Clerk as provided for by the Town Law, Section • 209-q (6) (c), and it is further RESOLVED, that this Resolution is adopted subject to permissive referendum. Bonding Rt. RESOLUTION #252 BOND RESOLUTION OF THE TOWN OF 281 college field CORTLANDVILLE NEW YORK ADOPTED water improve. DECEMBER 3, 1986 AUTHORIZING THE ISSUANCE OF $63,000.00 SERIAL BONDS TO FINANCE THE CONSTRUCTION AND EXTENSION OF A WATER IMPROVEMENT TO BE KNOWN AS ROUTE 281 COLLEGE FIELD WATER IMPROVEMENT Motion by Councilman O'Donnell Seconded by Councilman Thorpe VOTES: ALL AYE ADOPTED THE l"OWN BOARD OF TOWN OF CORTLANDVILLE, IN THE COUNTY OF CORTLAND, NEW YORK, HEREBY RESOLVES AS FOLLOWS: SECTION 1. The specific object or purpose for which obligations are issued pursuant to this resolution is to finance the cost of rights of way, land, legal fees, engineering fees, construction costs and all other such expenses relating to the construction and extension of a water improvement area in the Town of Cortlandville known as Route 28l College Field Water Improvement as the same is shown in the maps, plans and engineering reports heretofore filed with the Cortlandville Town Clerk. SECTION 2. The maximum cost of such water - extension is $63,000.00 to be financed by the issuance of serial bonds and bond anticipation notes for a term of 15 years at the interest rate prevailing at the time of sale. SECTION 3. The period of probable usefulness of said water- improvement is forty (40) years, as set forth in Section 11.00 (4) of the Local Finance Law. SECTION 4. Said serial bonds will have a maturity in excess of five years. SECTION 5. The faith and credit of the Town of Cortlandville are pledged to the payment of the principal of said bonds and interests thereon when due. SECTION 6. The Supervisor of the Town is hereby authorized and directed to sell such bonds at private sale in accordance with the provisions of Section 63.00 of the Local Finance Law. 321 1 • 1 Wednesday, December 3, 1986 Page 9 SECTION 7. Subject to the provisions of this resolution and of the Local Finance Law, and pursuant to the provisions of Section 30.00 relative to the authorization of the issuance of bond anticipation notes and of Section 50.00 and Sections 56.00 to 60.00 of the Law, the powers and duties of the Town Board relative to prescribing the terms, form and contents as to the sale and issuance of said bonds and any notes issued in anticipation of said bonds, or the renewals thereof, are hereby delegated to the Supervisor, the chief fiscal officer of the Town. SECTION 8. The validity of the bonds authorized by this resolution and of any notes issued in anticipation of said bonds, may be contested only if: (a) Such obligations are authorized for an object for purpose for which the Town is not authorized to expend money, or (b) The provisions of the Law which should be complied with at the date of the publication of such 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 (c) Such obligations are authorized in violation of the provisions of the constitution. SECTION 9. This resolution shall take effect immediately. Councilman Rocco inquired of Supervisor Pierce, what public response had been to the recent emergency water improvements. Supervisor Pierce responded that conversations with area residents of Rt. 281 and Pheasant Runs have indicated satisfaction. Restoration of the lawns and driveways will be completed in the spring. Jamie Dangler, inquired how these projects were being funded. Supervisor Pierce explained that one year bond anticipation notes will be issued for funding. After a year has passed, the party responsible for the contamination may be identified, and the town ® reimbursed. If this does not occur, the cost will be financed by bonding. This is paid by users and benifitors of the water district. Supervisor Pierce advised those present that some problems have been encountered where plastic pipe was utilized for indoor plumbing. In some instances, the increased pressure per square inch of town water service has caused leaks and breaking of pipes. Residents were advised to check this, as the Town is only responsible to the curb box. Discuss improve areas A motion was made by Councilman Thorpe, seconded by Adjourn to Councilman O'Donnell, to adjourn the regular meeting and executive convene to an executive session, concerning a personnel session problem. All voting aye, the motion was carried. 322 Wednesday, December 3, 1996 Page 10 The following information was received from the Supervisors office. A motion was made by Councilman O'Donnell, seconded by Councilman Thorpe, to adjourn the executive session, and reconvene the regular meeting. All voting aye, the motion was, carried. No action was taken. • A motion was made by Councilman Manning, seconded by Councilman Thorpe, to adjourn the regular meeting. All voting aye, the motion was carried. The meeting adjourned at 9:10 o'clock p.m. es ectful sub itted, Pauline H. Parker Town Clerk Town of Cortlandville 1 • 1