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Home My WebLink About10-19-1988Wednesday October 19, 1988 5:00 P.M. PUBLIC HEARING BENNIE ROAD WATER IMPROVEMENT A Public Hearing was held at the Town Hall, 15 Terrace Road, Cortland, New York, at 5:00 p.m., concerning establishment of a water improvement project for a portion of Bennie Road. Members present: Supervisor Melvin pierce Councilman Raymond Thorpe Councilman Edwin O'Donnell Councilman Ronal Rocco LEGAL w�c - Councilman Theodore Testa TOWN OF coxnAwovuLc Town Clerk Pauline H. Parker ORDER PURSUANT noTOWN LAW 'usmw/cnO*o WATER / IMPROVEMENT" Others present were | wxsnsxs ,he=was fil- ed in the 'Office na the newsreporter, Chris Bednarski; Town Clerk "athe Town n* Town attorney, Phillip Rumsey; c"rfl""a.meCortland 'Coumr.New r"�.e°=�/ Patrick Faraday, from WKRT; / ""/m' *, the plans relating Town Code Enforcement Officer, improvement project for a Bruce Weber; Town Highway portion of u°""/° n""a e"", from N.Y.S. x' 13 in Superintendent' Carl Bush; and the r"°" o�am /"�.e and a°"/o"m°d "o"""/° Town residents, Joan Davis, Road Water Improvement," as reciuked Section 209- and uo�c �"v the r"w" Charles Timmerman, and Robert Low, and are available for Moore. inspection, and w*sneAs. ,he nronv=a 'mn,",°m°"' """"*," of the "m"""/"" of ""*n ' lines into ,he said area by Supervisor Pierce opened c""'tr"c'/o" /?a�""F�"eet � the Public Hearing at 5:00 servim.tice pine n"yt from o'clock P.M. N.Y.S.m ,o along o"""ie Road in accordance with the said plans now on file in the Office of the Town Clerk of the Town of c=t- The Town Clerk read aloud .landAlle"nd - � WHEREAS, the maximum the legal notice as shown: amount pro . posed to be ex- pended for said improve� ment is $50,000.00, and WHEREAS, the proposed method of financing the Supervisor Pierce offered said improvement` -- is from the isance A �ial those in attendance the bonds in the maximum "=""", of $50.000.00 privilege of the floor. Issued bythe Town �� /""a.me for " maximum �m of fifteen years of prevailing^^interest,^^said / / "�"mmmmbe Town resident Robert ' a from the "�� and i.n"nm�of Moore voiced his objection to the water '"~ p�"=mom through water this project. He would rather rateschargesand fees"°"=�=a 'oeTown wide see monies, to be used for this water improvement,IT IS proposed project, directed to *sncursnso' that " helping those residents who meeting of the Town Board of the sold Town of cn� have been found to have landville shall be held at contaminated water. He the Town Hal Terrace believes that this should be .noau on the 19th day of October, /988 o'clock of the Town's first priority. that day to hear all persorts Interested in the proposed water improvement, and for su ch other action of said Town e"cmawith �la- Supervisor Pierce apprised tion to the said water im- provement a may be re- those present that the water clu/maby law mbedeem- proper. problem that exists in thed Am Cosmos Hill area is being omobe,s. 1988 Pauline nparke' , reconciled. Dr. Ambrose is in �"w"ci",k Town "fc"rt/""a"me the process of getting Homer IS Terrace Road 'Cwilcmdwe°�v,x . water for his proposed ^ /o»* subdiyision off of Rt .281 . s Wednesday October 19, 1988 Page 2 Municipal water in this area would make it possible for other residents in the area, including Alexandria Drive and Hillside Drive to hook into Municipal water. Councilman Testa asked how many residents would be benefited by this proposed project. Supervisor Pierce apprised those present that for the present, the proposed project would benefit only industry. 0 F1 A motion was made by Councilman O'Donnell, seconded by Councilman Rocco, to close the Public Hearing. All voting aye, the motion was carried. ` Wednesday October 19, 1988 5:15 P.M. f'i 1I '! :::i. i`1!:_i t h %) :C.I`•lI^1P.1!: ;1 a i',I l"i �I : :`!: ir;I�J (.31:7 C.C.)F-�, 'L_ANET )V 1: L._L...:" I..:, P,._t L.! !..i i_. 1'_I!::: ?::! T' ,!. ! ! t"� tr l ;, < • 1_i !:..' �. t.1 t m I: I: 1 , :, "1 ! 1,r•.4 f ! 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F'.•-1.r 1:: c r_ LEGAL NOTICE TOWN OF i CORTLANDVILLE 1 PROPOSED PARKING ORDINANCE Notice is hereby given ( that. pursuant to Town Low Section 130 and Vehicle and- Traffic Law Section 1660; a public hearing will be held before the Town Board of the Town of Cort- landville, Cortland County, I New York at the Town Hall,' 15 Terrace Road, Town of Cortlandville, New York on October 19, 1988 at 5:15 ' o'clock p.m. concerning a' PProposed Ordinance pro-'. hibiting _ the parking of vehicles on all highways within the Town of Cart. landville between 1:00 o'clock a.m. and 7:00 . o'clock a.m. from November 1 to May 1, and providing for penalties for violations of said Or- dinance. At the time and place of said hearing all parties in interest and citizens shall .have an opportunity to be heard.' Dated: October 5, 1988 Pauline Parker, Town Clerk Town of Cortlandville 15 Terrace Road I" Cortland, New York 13045 • _ 237-1t -', ti+:� U��::}'-t�,!_, r+r't; t::. t-., �•Ilr J :•?. +={ic?(Jt'l-E). r"``(•�: :1. ; _._ ... . t.Jt.`:i'I`t .-+.'::'.rC:+T"Yir=",f !• 1::+{�I 1. I. i. 1.("1 F{l..tiltiE3i=�`)' (; i ;- �.t.:t:: F ?_+.i"%�to;�, �"}-C,11j LI�:::l::;.T g;j Y"t h: r-, t;:! t:S' L �: rr! . ITt : ". 0 IF `i' ._ ... i'• t=Wi.,ber•• ; ",Carl}"t Ight+`,!ay _....... _.._ . ICU ..y t. {..i 1 } •i - i.-, . w d k=! rl t *^:• „ , .f i.t i%:t'i'i 1.1 r_+. v i 1 t_+ _ • I" 1. ik} ('!} i.::t •I ' (li %�l }...I s: ca rl i::i I`4 i.+ L:? t;;?, t....L, ri I i+ b 1. 1.+.. r~!iet--,r' i Inc; :t'1 F3;; 15 1 .1 f::' 14. t G.J t...t I.., :1. ¢':! .i.. t,: -a .._ 'v �. t":a r; � }... J. ,_. 1 r- r., � ,' ;:ar •1- ,;,.+ r JE.1h1i+'rid ±.ti %:att;i }±ii 1r_Ii. e (.-- 1.r,t7:t... Tov4}'l r•)'i;tor nia.r:, Fh'1.1.1..1.}! 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PUBLIC HEARING CHARLES TIMMERMAN - SPECIAL PERMIT A Public Hearing was held at the Town Hall, 15 Terrace Road, Cortland, NY, at 5:30 p.m., concerning the application by Charles R. Timmerman for a Special Permit to develop over the Aquifer. Members present: Supervisor Melvin pierce Councilman Raymond Thorpe Councilman Edwin O'Donnell Councilman Ronal Rocco -- Councilman Theodore Testa 1AGAL NOUCE Town Clerk Pauline H. Parker TOWbbF ~~'"° is, hereby gWerrOthers present were o*om ^ newsreporter, Chris Bednarski; landville —Zoning Law, a Town attorney, Phillip Rumsey; the Town of Cortlancl�,ille, before ^the Town Board ofPatrick Faraday, from WKRT; Cortland Cmn, New York t the Town Town Code Enforcement Officera n�a , Brice Weber; Town Highway -' rk Ow ��, ��'v�'��n�� Superintendent, Carl Bush; and O'clock/ the application for a Town residents, Joan Davis, p��`� The application / b� Charles Timmerman and Robert , `" 13 Special permit for the Moore. construction of additional golf course facilities can- sisting of greens, tees, -- """ke" `" and two ponds of three -fourths acre Supervisor Pierce opened and ""=hMf """" an the Public Hearing at 5:30 aplaroximatey So ""re" "e°, N.Y.S. xo"m u» b°~ o'clock P.M, / of / ��ille Tax Map Parcel Number 106.00-01-23., The property is located in the Tributary Water Shed Area of the The Town Clerk read aloud Aqi°7- the Town of Cort- the legal notice as shown: landville and is in a zoning At the time and place of said hebOng all parties in Supervisor Pierce offered interest—' and citizens ="" ve an opportunity to be those in attendance the ^~Pauline H.r"a`°,. Privilege of the floor. Town Clerk Town A lengthy discussion —'Cortland, New '~^ followed regarding the ~ m'1�8 ux^ n chemicals that are now used and _ will be used to more extent, if this project is approved. Councilman O'Donnell` who is a fertilizer specialist for Agway, and Councilman Thorpe, a professor in chemistry at Cornell University, asked Mr. Timmerman questions regarding the chemicals to be used at the proposed project. They were satisfied with the information presented by Mr. Timmerman. A motion was made by Councilman O'Donnell, seconded by Councilman Thorpe, to close the Public Hearing. All voting aye, the motion was carried. Wednesday October 19, 1988 5:22 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 newsreporter, Chris Bednarski; • Town attorney, Phillip Rumsey; Patrick Faraday, from WKRT; Town Code Enforcement Officer, Bruce Weber; Town Highway Superintendent, Carl Bush; and Town residents, Joan Davis, Charles Timmerman, and Robert Moore. The meeting was called to order by Supervisor Pierce at 5:22 o'clock p.m., following 2 Public Hearings. Supervisor Pierce read a letter to those present letter from from the Cortland County Solid Waste Committee. It was solid waste regarding an increase of fees at the County Landfill. Committee inc.in fees Supervisor Pierce read a letter from Mayo Snyder of the Cortland county Planning Department, to Cortland Mayor, Martin Mack. The letter was regarding the letter to Mackproposal of a Cortland Enlarged Sewer District. sewer disc. A discussion followed regarding the application of Joan Davis for a Special Permit. Ms. Davis wants to Joan Davis Place a mobile home on her parcel to accommodate her Special Permitaged parents. Because of the septic system, a Special Permit is required. RESOLUTION #254 SET DATE FOR PUBLIC HEARING 11/02/88 AND DECLARE TOWN BOARD LEAD AGENCY - SPECIAL PERMIT - JOAN DAVIS - Public Hearing Motion by Councilman O'Donnell Joan Davis Seconded by Councilman Thorpe Special Permit VOTES: ALL AYE ADOPTED WHEREAS, Joan Davis has submitted a request for a special permit to develop over the Aquifer, and WHEREAS, this permit has been referred to the Cortlandville Planning Board, and WHEREAS, the required SEQR form has been distributed to • the Town Board for their review, and WHEREAS, the continuing process requires a Public Hearing before the Town Board, therefore BE IT RESOLVED, that a Public Hearing shall be held before this Town Board on November 02, 1988 at 7:15 p.m. to review said application, and also RESOLVED, that this Town Board shall be declared the Lead Agency in this action. A motion was made by Councilman Thorpe, seconded by Councilman Rocco, to recess the Regular Meeting, to convene a Public Hearing in the matter of the request of Charles Timmerman for a Special Permit. All voting aye, the motion was carried. 0 Wednesday October 19, 1988 Page 2 RESOLUTION #255 REFERRAL TO TOWN PLANNING BOARD AND COUNTY PLANNING - SPECIAL PERMIT - Motion by Councilman O'Donnell referral to O0�� k �O�� Seconded by Councilman Thorpe �l O�� VOTES: ALL AYE ADOPTED Planning ^~ Marvin Windows SI)eOislI Permit WHEREAS, Brian Schaible, Facilities Engineer of Marvin Windows, Inc. 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 pemd rit for evelopino g ver the Aquifer, is review by the Cortlandville Planning Board and the Cortland County Planning Board, therefore BE IT RESOLVED, that the application for a Specia Permit from Marvin Windows is hereby referred to the Cortlandville Planning Board and the Cortland County Planning Board for review. RESOLUTION #256 SET DATE FOR PUBLIC HEARING -DECEMBER 07, 1988 AT 7:30 P.M. -� Public Hearing Motion by Councilman O'Donnell Marvin Windows Seconded by Councilman Thorpe Special Permit VOTES: ALL AYE ADOPTED WHEREAS, Marvin Windows has submitted a request for a special permit to develop over the Aquifer, and WHEREAS, this permit has been referred to the Cortlandvillan e Plnirig Board and the County Planning Board, and WHEREAS, the continuing process requires a Public Hearing before the Town Board, therefore BE IT RESOLVED, that a Public Hearing shall be held before this Town Board on December 79 1988 at 7:3O p.m. to review said application, contingent on acceptance by the Cortlandville Planning Board and the Cortland County Planning Board. Motion by Councilman O'Donnell Seconded by Councilman Thorpe VOTES: ALL AYE ADOPTED BE IT RESOLVED, that the vouchers submitted have been audited and shall be paid as follows: General Fund Vouchers #479 - 495 $ 5,439.50 Highway Fund 283 - 306 72,619.12 Water Fund 168 - 173 4,666.84 Sewer Fund 108 - 115 1,843.92 Audit of bills 55y Wednesday October 19, 1988 Page 3 A motion was made by Councilman O'Donnell, seconded by Councilman Thorpe, to receive and file the letter rec & file from Brent Cross, Partner in Weathervane Associates to letter from Highway Superintendent, Carl Bush. All voting aye, the Brent Cross motion was carried. Weathervane The letter was requesting dedication of the roads in their subdivision off Rt 222 to the Town. A lengthy discussion followed whereby it was the consensus of the members of the Board not to accept these roads, as they are not finished and could pose problems for the Town at a later date. A motion was made by Councilman O'Donnell, seconded Special FrancNpL�sEF-ounci1man Rocco, to receive and file the petition of Assessment the Special Franchise Assessment for the 1988 Tax roll from New York Telephone, received by the Town Clerk on October 06, 1988. All voting aye, the motion was carried. RESOLUTION #258 ADOPT PARKING ORDINANCE FOR THE TOWN Adopt Parking Motion by Councilman Thorpe )rdinance Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED WHEREAS, a Public Hearing was held at the Town Hall, 15 Terrace Road, Cortland, NY, on October 19, 1988, concerning a proposed Parking Ordinance, and WHEREAS, this proposed Ordinance has been reviewed by the Town Board, therefore BE IT RESOLVED, that the Town Board of the Town of Cortlandville, County of Cortland and State of New York, pursuant to the Town Law and Vehicle and Traffic Law of the State of New York, does hereby enact and ordain as follows: Section 1-Definitions. The words and phrases used in this ordinance shall for the purpose of this ordinance have the meanings respectively ascribed to them by Article 1 of the Vehicle and Traffic Law of the State of New York. Section 2.All-Night Parking The parking of vehicles is hereby prohibited on all highways within the Town of Cortlandville between 1:00 o'clock a.m. and 7:00 o'clock a.m. from November 1 to May 1. The provisions of this section shall apply except when it is necessary to stop a vehicle to avoid conflict with other traffic - or in compliance with the directions of a police officer or official traffic control device. 1 0 LJ 0 �35 Wednesday October 19, 19ee Page 4 Section 3.Authority to Impound Vehicles. (a) When any vehicle is parked or abandoned on any highway within the Town during a snowstorm, flood, fire or other public emergency or during hours prohibited by this ordinance which affects that portion of the public highway upon which said vehicle is parked or abandoned, said vehicle may be removed by or at the direction of the Town 10 Highway Superintendent. (b) When any vehicle is found unattended on any highway within the Town where said vehicle constitutes an obstruction to traffic, said vehicle may be removed by or at the direction of the Town Highway Superintendent. (c) When any vehicle is parked or abandoned on any highway within the Town where stopping, standing or parking is prohibited, said vehicle may be removed by or at the direction of the Town Highway Superintendent. Section 4.Storage and charges After removal of any vehicle as provided in this ordinance, the Town Highway Superintendent may store such vehicle, in a suitable place at the expense of the owner. Such owner, or person in charge of the vehicle, may redeem the same upon payment of the amount of all expenses actually and necessarily incurred in effecting such removal. Removal charges shall not exceed Fifty ($50.00) Dollars and storage charges, shall not .exceed Five ($5.00) Dollars per day or.fraction thereof. Section 5.Notice of Removal The Town Highway Superintendent shall without delay report the removal and the disposition of any vehicle removed as provided in this ordinance to the Cortland County Sheriff and it shall be the duty of the Town Highway Superintendent to ascertain to the; extent posslible the owner of the vehicle.or person having same in charge and notify him of the removal and disposition of such vehicle and of the amount which will be required to redeem same. Section 6.Penalties for Violation of Ordinance Every person convicted of a traffic infraction for a violation of any provision of this ordinance which is not a ,violation of, any. provision of the Vehicle and Traffic Law of the State of New York shall be punished by a fine of not more than One Hundred ($100.00) Dollars .or by imprisonment for not more than fifteen (15) days or by both such fine and imprisonment. 33( Wednesday October 19, 1988 Page 5 Section 7.Constitutiona1ity If any part or parts of this ordinance are for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance. Section 8.Effective Date This ordinance shall take effect November 1, 19eB. RESOLUTION #259 AUTHORIZE LOCAL LAW ENFORCEMENT AGENCIES TO ENFORCE PARKING ORDINANCE OF TOWN Authorize Law Motion by Councilman Thorpe Agencies to enforce Seconded by Councilman Rocco Parking Ordinance VOTES: ALL AYE ADOPTED WHEREAS, per Resolution #258 of 1988, a Traffic Ordinance for the Town of Cortlandville was adopted by the Town Board, and WHEREAS, there is a need to enforce this ordinance, therefore BE IT RESOLVED, that all police agencies, including the New York State Police and the Cortland County Sheriff's Department, which have jurisdiction within the Town of Cortlandville are hereby authorized to enforce the provisions of the Town Parking ordinance adopted October 19, 19ee, by issuance of Court appearance tickets and other lawful means of alleging violations of said ■ ordinance. RESOLUTION #260 AUTHORIZE HIGHWAY SUPERINTENDENT TO POST SIGNS FOR TRAFFIC ORDINANCE Authorize Carl Motion by Councilman O'Donnell to Post Traffic Seconded by Councilman Testa signs for Ordinance VOTES: ALL AYE ADOPTED WHEREAS, per Resolution 258 of 19ee a Traffic Ordinance for the Town of Cortlandville was adopted by the Town, and WHEREAS, it is necessary to inform the public of said Ordinance, therefore BE IT RESOLVED, that the Highway Superintendent, Carl Bush, is hereby authorized and directed to post; signs at the entrances of the Town to inform the public of the times that parking is prohibited on Town roads in the Town during the winter months. • RESOLUTION #261 AUTHORIZE TO ADVERTISE FOR BIDS - BENNIE ROAD WATER IMPROVEMENT PROJECT let to bid Motion by Councilman Thorpe Bennie Road Seconded by Councilman Testa Water Improvement VOTES: ALL AYE ADOPTED BE IT RESOLVED, that the Town Engineer, Hayne Smith is hereby authorized to advertise by legal notice, letting of the bids for the Bennie Road Water Improvement Project, and RESOLVED, that such bids shall be opened on November 02, 198e at 3:00 p.m. and awarded November 02, 19ee at 7:30 p.m. 33"7 Wednesday October 19, 1988 Page 6 RESOLUTION #262 AUTHORIZE PAY INCREASE TO STEVE WYANT HIGHWAY DEPARTMENT Motion by Councilman O'Donnell Seconded by Councilman Thorpe VOTES: ALL AYE ADOPTED WHEREAS, Steve Wyant, Highway Department employee, has completed his six month probationary period, in compliance with the personnel policy of the Town of ® Cortlandville, therefore BE IT RESOLVED, that Steve Wyant shall be granted a pay increase from $7.20 per hour to $7.60 per hour , effective October 12, 1988. A motion was made by Councilman Rocco, seconded by Councilman to receive and file a letter from C. David Soule, Executive Vice President of the New York Susquehanna and Western Railway Corporation. All voting aye, the motion was carried. The letter was regarding the Town's lease agreement with NYS&W. A discussion followed concerning this program. Supervisor Pierce apprised the Board that NYS&W wants to convert the lease agreement for the Polkville area to a permanent easement. The Board referred this to the Town Attorney, Phillip Rumsey. RESOLUTION #263 APPROVE BENNIE ROAD WATER IMPROVEMENT PROJECT Motion by Councilman Rocco 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 water improvement project for the portion of Bennie Road east from N.Y.S. Route 13 in the Town of Cortlandville and designated "Bennie Road Water Improvement,"as required by Section, 209-q (2) and 209-c of the Town Law, and are available for public inspection, and WHEREAS, an Order was duly adopted by the Town Board on October 05, 1988 reciting the filing of said general plans, the improvements proposed, and the estimated expense thereof and specifying October 19, 1988 at 5:00 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 the 19th day of October, 1988 commencing at 5:00 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 Pay increase Steve Wyant letter from NYS&W to Town lease Agrmt. Approve Bennie Road Water Improvement Project 339 Wednesday October 19, 1988 Page 7 NOW, upon the evidence given upon such hearing and upon the motion of Ronal Rocco, Councilman, seconded by Edwin O'Donnell, 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 "Bennie Road Water Improvement,". and it is further RESOLVED, that the proposed improvement, including costs or rights of way, construction costs, legal fees, engineering and consultant fees, and all other expenses approximate to be a maximum of $50,000.00 shall be financed with bonds issued by the Town of Cortlandville for a term of a maximum of 15 years and at the interest rate prevailing at the time of sale, said bonds to be retired by payments received from the users and benefitors of the Town wide water improvement through water rates, charges and fees in the first instance, and 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. A motion was made by Councilman Thorpe, seconded by Councilman O'Donnell, to adjourn the meeting. All voting aye, the motion was carried. The meeting was adjourned at 6:15 P.M. Res ectfy ly ul�mitted, C� I Pauline H. Parker CMC Town Clerk Town of Cortlandville • 1 CJ 1