HomeMy WebLinkAbout09-17-2008SEPTEMBER 17, 2008
5:00 P.M.
1 G-7
PUBLIC HEARING NO. 1
BONDING FOR THE INCREASE AND IMPROVEMENT
OF FACILITIES OF THE TOWNWIDE WATER DISTRICT
IN THE TOWN OF CORTLANDVILLE
(NYS ROUTE 281/MCLEAN ROAD)
A Public Hearing was held by the Town Board of the Town of Cortlandville at the
Raymond G. Thorpe Municipal Building, 3577 Terrace Road, Cortland, New York, concerning the
increase and improvement of facilities of the Townwide Water District (NYS Route 281/McLean
Road), in the Town of Cortlandville.
Members present: Deputy Supervisor, Theodore V. Testa
Councilman, Edwin O'Donnell
Councilman, John C. Proud
Town Clerk, Karen Q. Snyder
Absent: Supervisor, Richard C. Tupper
Councilman, Ronal L. Rocco
Others present were: Town Attorney, John Folmer; Chuck Feiszli from Resource
Associates; Daniel Mones from Valley View Gardens; Tad Murray from Intertek Testing
Services NA, Inc.; News Reporter, Eric Mulvhill from WXHC; and Sharon Stevans for Channel
2, Access TV.
Deputy Supervisor Testa called the Public Hearing to order.
Town Clerk, Karen Q. Snyder read aloud the published, posted and filed legal notice.
Deputy Supervisor Testa offered privilege of the floor to those in attendance.
Councilman O'Donnell commented that the Bonding was necessary in order to pay for
the NYS Route 281/McLean Road Water Improvement Project.
No further comments or discussion were heard.
Councilman Proud made a motion, seconded by Councilman O'Donnell, to close the
Public Hearing. All voting aye, the motion was carried.
The Public Hearing was closed at 5:02 p.m.
1
WA
SEPTEMBER 17, 2008
5:02 P.M.
PUBLIC HEARING NO. 2
BONDING FOR THE INCREASE AND IMPROVEMENT
OF FACILITIES OF THE TOWNWIDE SEWER DISTRICT
IN THE TOWN OF CORTLANDVILLE
(VERNON DRIVE/STARR ROAD)
A Public Hearing was held by the Town Board of the Town of Cortlandville at the
Raymond G. Thorpe Municipal Building, 3577 Terrace Road, Cortland, New York, concerning the
increase and improvement of facilities of the Townwide Sewer District (Vernon Drive/Starr Road),
in the Town of Cortlandville.
Members present: Deputy Supervisor, Theodore V. Testa
Councilman, Edwin O'Donnell
Councilman, John C. Proud
Town Clerk, Karen Q. Snyder
Absent:
Supervisor, Richard C. Tupper
Councilman, Ronal L. Rocco
Others present were: Town Attorney, John Folmer; Chuck Feiszli from Resource
Associates; Daniel Mones from Valley View Gardens; Tad Murray from Intertek Testing
Services NA, Inc.; News Reporter, Eric Mulvhill from WXHC; and Sharon Stevans for Channel
2, Access TV.
Deputy Supervisor Testa called the Public Hearing to order.
Town Clerk, Karen Q. Snyder read aloud the published, posted and filed legal notice.
Deputy Supervisor Testa offered privilege of the floor to those in attendance.
Councilman O'Donnell recalled that the Vernon Drive Sewer Project was for the
installation of a new valve/meter that was not only "bigger" and "better", but would produce
more accurate meter reads. He stated that the cost of the project would eventually be paid for by
the accurate meter reads.
Councilman Proud added that there was also a safety concern regarding the location of
the meter, which was originally located in the center of the road. The meter was moved out of
the safety hazard, which would be much better for meter reads and maintenance. Councilman
Proud stated that he was on site the day the meter was changed out, and that there was already a
substantial difference between the old meter readings and the new readings.
Deputy Supervisor Testa commented that the other portion of the increase and
improvement to the sewer district was the extension of the sewer main on Starr Road to the Ted
Testa Park. The Town received a grant for the park, however in order to satisfy the grant
requirements, public sewer was required.
No further comments or discussion were heard.
Councilman Proud a motion, seconded by Councilman O'Donnell, to close the Public
Hearing. All voting aye, the motion was carried.
The Public Hearing was closed at 5:04 p.m.
E
1(9
SEPTEMBER 17, 2008
5:04 P.M.
PUBLIC HEARING NO. 3
AQUIFER PROTECTION PERMIT
INTERTEK TESTING SERVICES NA, INC.
US ROUTE 11
TAX MAP 487.00-03-17.100 & 87.00-03-20.000
A Public Hearing was held by the Town Board of the Town of Cortlandville at the
Raymond G. Thorpe Municipal Building, 3577 Terrace Road, Cortland, New York, concerning the
Aquifer Protection Permit application submitted by Intertek Testing Services NA, Inc. permitting
the construction of a new 20,000 sq. ft. pole barn and a 1,360 sq. ft. addition to an existing pole barn
for use as storage for the existing facility, for property located on the south side of US Route 11,
approximately 1,000 ft. east of the City of Cortland's boundary, tax map #87.00-03-17.100 &
87.00-03-20.000.
Members present: Deputy Supervisor, Theodore V. Testa
Councilman, Edwin O'Donnell
Councilman, John C. Proud
Town Clerk, Karen Q. Snyder
Absent: Supervisor, Richard C. Tupper
Councilman, Ronal L. Rocco
Others present were: Town Attorney, John Folmer; Chuck Feiszli from Resource
Associates; Daniel Mones from Valley View Gardens; Tad Murray from Intertek Testing
Services NA, Inc.; News Reporter, Eric Mulvhill from WXHC; and Sharon Stevans for Channel
2, Access TV.
Deputy Supervisor Testa called the Public Hearing to order.
Town Clerk, Karen Q. Snyder read aloud the published, posted and filed legal notice.
Deputy Supervisor Testa offered privilege of the floor to those in attendance.
Tad Murray, Facilities Manager at Intertek Testing Services NA, Inc., apprised the Board
there was a minor correction to the plans for the facility from what was stated in the legal notice.
Intertek planned to construct a 100 ft. by 200 ft. pole barn (20,000 sq. ft.); an approximate 40 ft.
by 40 ft. (1,600 sq. ft.) addition to an existing pole barn; and a 103 ft. by 150 ft. (15,540 sq. ft.)
addition to the existing main building. All three structures would be for cold storage of samples
and test equipment. A spill management plan was already completed. There would be no floor
drains within the buildings, and no liquids would be stored. Mr. Murray explained that over the
years Intertek has grown and occupied all of its existing space.
Deputy Supervisor Testa questioned whether the expansion would bring more jobs to the
area.
Mr. Murray stated there was potential for more job opportunities as the facility expanded.
He explained that Intertek bought several companies within the last year, and had already
increased employment.
Deputy Supervisor Testa questioned when Intertek planned to begin construction.
Mr. Murray explained that construction would begin as soon as possible for the addition,
while they would wait until January 2009 to construct the pole barns.
No further comments or discussion were heard.
Councilman Proud a motion, seconded by Councilman O'Donnell, to close the Public
Hearing. All voting aye, the motion was carried.
The Public Hearing was closed at 5:10 p.m.
1-70
SEPTEMBER 17, 2008 5:10 P.M.
TOWN BOARD MEETING
The Regular Town Board Meeting of the Town Board of the Town of Cortlandville was
held at the Raymond G. Thorpe Municipal Building, 3577 Terrace Road, Cortland, New York,
with Deputy Supervisor Testa presiding.
Members present: Deputy Supervisor, Theodore V. Testa
Councilman, Edwin O'Donnell
Councilman, John C. Proud
Town Clerk, Karen Q. Snyder
Absent:
Supervisor, Richard C. Tupper
Councilman, Ronal L. Rocco
Others present were: Town Attorney, John Folmer; Chuck Feiszli from Resource
Associates; Daniel Mones from Valley View Gardens; Tad Murray from Intertek Testing
Services NA, Inc.; News Reporter, Eric Mulvhill from WXHC; and Sharon Stevans for Channel
2, Access TV.
Deputy Supervisor Testa called the Regular Meeting to order.
Supervisor Tupper and Councilman Rocco were not in attendance due to prior
commitments.
Councilman Proud made a motion, seconded by Councilman O'Donnell, to receive and
file the Cortlandville Planning Board Minutes of July 8, 2008. All voting aye, the motion was
carried.
Councilman Proud made a motion, seconded by Councilman O'Donnell, to receive and
file the Cortlandville Zoning Board of Appeals Minutes of July 8, 2008. All voting aye, the
motion was carried.
The Draft Town Board Minutes of August 6, 2008 and August 20, 2008, and the Draft
Special Town Board Minutes of August 26, 2008, were submitted to the Board for their review.
RESOLUTION #181 AUTHORIZE PAYMENT OF VOUCHERS — SEPTEMBER
Motion by Councilman Proud
Seconded by Councilman O'Donnell
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the vouchers submitted have been audited and shall be paid as follows:
General Fund A
Vouchers #464 - 486
$
60,245.14
General Fund B
B149 - B159
$
29,590.85
Highway Fund DB
D331 - D350
$100,653.12
Trust & Agency
Tl l - T11
$
768.00
Water Fund
W212 - W220
$
8,878.05
Sewer Fund
S i l l- S 114
$
19,958.45
Attorney Folmer drew attention to the fact that the Town's last payment to the Cortland
Free Library for the months of August and September was included in the vouchers for payment.
The Town had a contractual obligation with the library to provided funding to them through the
end of 2008. The contract was not affected by the changes made in the Library's funding system
by reason of the library tax. Attorney Folmer had been negotiating with Attorney Ruthig,
attorney for the Library Board of Trustees, concerning the termination of the contract and the
stop of further payments by the Town pursuant to the agreement. Attorney Ruthig agreed that
the Town's payment for August and September 2008 would be the last payment made under the
contract. The Town and the Library would exchange general releases indicating that the contract
was at an end and that the contractual obligation for the last three months of the year would be
extinguished. Attorney Folmer explained that a Library contract would not be necessary in
succeeding years unless the Town needed to contractually agree to provide services to residents
of the Town.
1
1
171.
SEPTEMBER 17, 2008
TOWN BOARD MEETING
PAGE 2
Councilman O'Donnell commented on the Cortland County Bicentennial Parade, which
was held September 13, 2008. He thanked Councilman/Historian Rocco and Highway Sup't.
Carl Bush for their work on the float; CNY Power Sports for donating the equipment; Town
employee Jeff MacLean for driving the tractor that pulled the float; and Town Clerk Snyder for
walking in the parade along with his wife Eileen O'Donnell. He felt that the parade was a
success and that the Town's float was well done.
Deputy Supervisor Testa apprised the Board he drove through the Town of Fenner, New
York and was amazed by the wind farm. He questioned whether the Town of Cortlandville
should contact the Town of Fenner to inquire about the windmills.
Attorney Folmer stated that the people who established the wind farm probably
approached the Town of Fenner in order to construct the windmills. He discussed the
informational meeting that was recently held regarding the wind farm proposal in Cortland
County. A committee was recruited to work out a municipal cooperative agreement so that all
towns involved in the proposal could participate in the process. Attorney Folmer explained that
the majority of the windmills would be located in the towns of Solon or Truxton, while only two
windmills were planned for Cortlandville. All three towns as well as the County may be
involved in the SEQRA process. A lead agency would have to be established, perhaps where the
majority of the windmills were planned.
Attorney Folmer reported that CEO Williams was working on a proposed ordinance for
the Town regarding windmills, which was not yet ready to be acted on.
Discussion continued on the windmills, specifically pertaining to the construction of the
windmills and concerns that may arise.
There were no further requests for. privilege of the floor.
RESOLUTION #182 ACKNOWLEDGE AUDIT REPORT OF THE FISCAL
AFFAIRS OF THE TOWN OF CORTLANDIVLLE FROM
CIASCHI, DIETERSHAGEN, LITTLE, MICKELSON &
COMPANY, LLP FOR THE PERIOD ENDING
DECEMBER 31, 2007
Motion by Councilman Proud
Seconded by Councilman O'Donnell
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Audit Report of the fiscal affairs of the Town of Cortlandville from
Ciaschi, Dietershagen, Little, Mickelson & Company, LLP for the period ending December 31,
2007 for the Town of Cortlandville is hereby acknowledged and shall be received and filed.
There was discussion regarding the proposed Local Law of 2008 — Amendment to
Chapter 155, Transient Business Ordinance. Attorney Folmer apprised the Board he spoke with
Planning/Zoning Officer Weber regarding the Transient Business Ordinance. Mr. Weber had a
different outlook on the concept of the Transient Business Ordinance and the procedure that
should be used to license and regulate them. Mr. Weber requested the opportunity to make a
presentation to the Board regarding his proposal, which was a significant change to the proposed
ordinance. Attorney Folmer suggested the Board table action on the proposed Local Law to
allow Mr. Weber to make his presentation to the entire Board, as Supervisor Tupper and
Councilman Rocco were not in attendance.
RESOLUTION #183 TABLE ACTION ON LOCAL LAW OF 2008 - AMENDMENT
TO CHAPTER 155, TRANSIENT BUSINESS ORDINANCE
UNTIL OCTOBER 1.2008
Motion by Councilman O'Donnell
Seconded by Councilman Proud
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby table action on proposed Local Law of 2008,
Amendment to Chapter 155, Transient Business Ordinance, until October 1, 2008 to allow
Planning/Zoning Officer, Bruce Weber the opportunity to present his opinion to the Board.
A
SEPTEMBER 17, 2008 TOWN BOARD MEETING PAGE 3
Attorney Folmer reviewed the Short Form SEQR with the Board for both water and sewer
improvement projects. The Board found that no substantial adverse environmental impact would be
caused for either improvement project.
RESOLUTION #184 DECLARE NEGATIVE IMPACT FOR THE INCREASE AND
IMPROVEMENT OF FACILITIES OF THE TOWNWIDE
WATER DISTRICT (NYS ROUTE 281/MCLEAN ROAD), IN
THE TOWN OF CORTLANDVILLE AND AUTHORIZE
DEPUTY SUPERVISOR TO SIGN SEQRA
Motion by Councilman O'Donnell
Seconded by Councilman Proud
VOTES: ALL AYE ADOPTED
WHEREAS, an order was presented for adoption for the increase and improvement of facilities of
the Townwide Water District (NYS Route 281/1\4cLean Road), and
WHEREAS, the Town Board as Lead Agent, duly reviewed and completed the Short
Environmental Assessment Form, therefore
BE IT RESOLVED, the Town Board does hereby declare that the increase and improvement of
facilities of the Townwide Water District (NYS Route 281/McLean Road), in the Town of
Cortlandville, shall have no significant environmental impact, and it is further
RESOLVED, the Deputy Supervisor is hereby authorized and directed to sign the SEQRA form for
said project.
RESOLUTION #185 ADOPT RESOLUTION AND ORDER AFTER PUBLIC
HEARING FOR THE INCREASE AND IMPROVEMENT OF
FACILITIES OF THE TOWNWIDE WATER DISTRICT (NYS
ROUTE 281/MCLEAN ROAD), IN THE TOWN OF
CORTLANDVILLE
Motion by Councilman Proud
Seconded by Councilman O'Donnell
VOTES: Deputy Supervisor Testa Aye
Councilman Proud Aye
Councilman O'Donnell Aye
Supervisor Tupper Absent
Councilman Rocco Absent
ADOPTED
WHEREAS, the Town Board of the Town of Cortlandville (herein called the "Town Board" and
"Town", respectively), in the County of Cortland, New York, on behalf of the Townwide Water
District (herein called the "District"), in the Town, has caused to be prepared by an engineer duly
licensed by the State of New York (the "Engineer") to prepare a preliminary map and plan for
the increase and improvement of facilities of the District, consisting of the installation of new
water lines away from the right of way being used for the reconstruction of NYS Route
281/McLean Road, including ancillary work in connection therewith; and pursuant to the
direction of the Town, the Engineer has completed and filed with the Town Board such
preliminary map and plan for said increase and improvement of facilities of the District and has
estimated the cost thereof to be $353,000; and
WHEREAS, the Town Board adopted an Order describing in general terms the proposed
increase and improvement of facilities, specifying the estimated cost thereof, and stating the
Town Board would meet to hear all persons interested in said increase and improvement of
facilities on September 17, 2008 at 5:00 o'clock P.M. (Prevailing Time) at the Raymond G.
Thorpe Municipal Building, 3577 Terrace Road, Cortland, New York; and
WHEREAS, a Notice of such public hearing was duly published and posted pursuant to the
provisions of Article 12 of the Town Law and other applicable law; and
-173
SEPTEMBER 17, 2008
TOWN BOARD MEETING
PAGE 4
WHEREAS, such public hearing was duly held by the Town Board on this 17th day of
September, 2008 at 5:00 o'clock P.M. (Prevailing Time) at the Raymond G. Thorpe Municipal
Building, 3577 Terrace Road, Cortland, New York, with considerable discussion on the matter
having been had and all persons desiring to be heard having been heard, including those in favor
of and those in opposition to said increase and improvement of such facilities; and
WHEREAS, the Town Board, as lead agency, has given due consideration to the impact that the
project described herein may have on the environment and has determined that such project will
not result in any significant adverse environmental impacts and a negative declaration has been
adopted by the Town Board;
Now, therefore, on the basis of the information given at such hearing, it is hereby
DETERMINED, that it is in the public interest to increase and improve the facilities of the
District as hereinabove described, at the estimated maximum cost of $353,000; and it is hereby
ORDERED, that the facilities of the District shall be so increased and improved and that the
Engineer heretofore retained by the Town Board shall prepare plans and specifications and make
a careful estimate of the expense for said increase and improvement of such facilities and, with
the assistance of the Town Attorney or the attorney for the District, shall prepare a proposed
contract for such increase and improvement of facilities of the District, which plans and
specifications, estimate and proposed contract shall be presented to the Town Board as soon as
possible; and it is hereby
FURTHER ORDERED, that the expense of said increase and improvement of facilities shall be
financed by the issuance of $353,000 bonds of the Town, and the costs of said increase and
improvement of facilities, including payment of principal of and interest on said bonds, shall be
paid by the assessment, levy and collection of assessments upon the several lots and parcels of
land within the District, so much upon and from each as shall be in just proportion to the amount
of benefit conferred upon the same to pay the principal of and interest on said bonds; and it is
hereby
FURTHER ORDERED, that the Town Clerk record, or cause to be recorded, a certified copy of
this Resolution and Order After Public Hearing in the office of the Clerk of Cortland County
within ten (10) days after adoption thereof.
RESOLUTION #186 BOND RESOLUTION OF THE TOWN OF CORTLANDVILLE,
NEW YORK, ADOPTED SEPTEMBER 17, 2008,
APPROPRIATING $353,000 FOR THE INCREASE AND
IMPROVEMENT OF FACILITIES OF THE TOWNWIDE
WATER DISTRICT, AND AUTHORIZING THE ISSUANCE OF
$353,000 SERIAL BONDS OF SAID TOWN TO FINANCE SAID
APPROPRIATION
Motion by Councilman Proud
Seconded by Councilman O'Donnell
VOTES: Deputy Supervisor Testa Aye
Councilman Proud Aye
Councilman O'Donnell Aye
Supervisor Tupper Absent
Councilman Rocco Absent
ADOPTED
WHEREAS, following preparation of a map and plan and an estimate of cost for the increase and
improvement of facilities of the Townwide Water District (herein called the "District"), in the
Town of Cortlandville (herein called the "Town"), in the County of Cortland, New York, and
after a public hearing duly called and held, the Town Board of the Town determined that it is in
the public interest to increase and improve the facilities of the District, and ordered that such
facilities be so increased and improved;
Now, therefore, be it
1-74
SEPTEMBER 17, 2008 TOWN BOARD MEETING PAGE 5
RESOLVED BY THE TOWN BOARD OF THE TOWN OF CORTLANDVILLE, IN THE
COUNTY OF CORTLAND, NEW YORK (by the favorable vote of not less than two-thirds of
all the members of said Board) AS FOLLOWS:
Section 1. The Town hereby appropriates the amount of $325,000 for the increase and
improvement of facilities of the District, consisting of the installation of new water lines away
from the right of way being used for the reconstruction of NYS Route 281/McLean Road,
including ancillary work in connection therewith. The estimated maximum cost thereof,
including preliminary costs and costs incidental thereto and the financing thereof, is $353,000
and said amount is hereby appropriated therefor. The plan of financing includes the issuance of
$353,000 bonds of the Town to finance said appropriation and the assessment, levy and
collection of assessments upon the several lots and parcels of land within the District shall be
paid by the assessment, levy and collection of assessments upon the several lots and parcels of
land within the District, so much upon and from each as shall be in just proportion to the amount
of benefit conferred upon the same to pay the principal of and interest on said bonds.
Section 2. Bonds of the Town are hereby authorized to be issued in the principal amount
of $353,000 pursuant to the provisions of the Local Finance Law, constituting Chapter 33-a of
the Consolidated Laws of the State of New York (herein called "Law"), to finance said
appropriation.
Section 3. The following additional matters are hereby determined and stated:
(a) The period of probable usefulness of the object or purpose for which said bonds are
authorized to be issued, within the limitations of Section 11.00 a. 1 of the Law, is forty
(40) years.
(b) The proceeds of the bonds herein authorized and any bond anticipation notes issued
in anticipation of said bonds may be applied to reimburse the Town for expenditures
made after the effective date of this resolution, or for expenditure made prior to the
effective date if a declaration of intent to issue bonds has been made. The foregoing
statement of intent with respect to reimbursement is made in conformity with Treasury
Regulation Section 1.150-2 of the United States Treasury Department.
(c) The proposed maturity of the serial bonds authorized by this resolution will exceed
five (5) years.
Section 4. Each of the bonds authorized by this resolution and any bond anticipation
notes issued in anticipation of said bonds shall contain the recital of validity prescribed by
Section 52.00 of the Law and said bonds and any notes issued in anticipation said bonds shall be
general obligations of the Town, payable as to both principal and interest by a general tax upon
all the taxable real property within the Town without limitation as to rate or amount. The faith
and credit of the Town are hereby irrevocably pledged to the punctual payment of the principal
of and interest on said bonds and any notes issued in anticipation of the sale of said bonds, and
provision shall be made annually in the budget of the Town by appropriation for (a) the
amortization and redemption of the bonds and any notes issued in anticipation thereof to mature
in such year and (b) the payment of interest to be due and payable in such year.
Section 5. Subject to the provisions of this resolution and of the Law and pursuant to the
provisions of Section 21.00 relative to the authorization of the issuance of bonds with
substantially level or declining annual debt service, Section 30.00 relative to the authorization of
the issuance of bond anticipation notes and Section 50.00 and Sections 56.00 to 60.00 and
168.00 of the Law, the powers and duties of the Town Board relative to authorizing bond
anticipation notes and prescribing the terms, form and contents and as to the sale and issuance of
the bonds herein authorized, and the renewals of said bond anticipation notes, and relative to
executing contracts for credit enhancements and providing for substantially level or declining
annual debt service, are hereby delegated to the Supervisor, the chief fiscal officer of the Town.
Section 6. 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 or purpose for which the
Town is not authorized to expend money, or
17S
SEPTEMBER 17, 2008 TOWN BOARD MEETING
PAGE 6
(b) the provisions of law which should be complied with at the date of the
publication of such resolution, or a summary thereof, 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 7. This resolution shall take effect immediately and the Town Clerk is hereby
authorized and directed to publish the foregoing bond resolution, in summary, in "THE
CORTLAND STANDARD," a newspaper having a general circulation in said Town, which is
hereby designated as the official newspaper of the Town for such publication, together with the
Town Clerk's statutory notice in the form prescribed by Section 81.00 of the Local Finance Law
of the State of New York.
RESOLUTION #187 DECLARE NEGATIVE IMPACT FOR THE INCREASE AND
IMPROVEMENT OF FACILITIES OF THE TOWNWIDE
SEWER DISTRICT (VERNON DRIVE/STARK ROAD), IN THE
TOWN OF CORTLANDVILLE AND AUTHORIZE DEPUTY
SUPERVISOR TO SIGN SEQRA
Motion by Councilman O'Donnell
Seconded by Councilman Proud
VOTES: ALL AYE ADOPTED
WHEREAS, an order was presented for adoption for the increase and improvement of facilities of
the Townwide Sewer District (Vernon Drive/Starr Road), and
WHEREAS, the Town Board as Lead Agent, duly reviewed and completed the Short
Environmental Assessment Form, therefore
BE IT RESOLVED, the Town Board does hereby declare that the increase and improvement of
facilities of the Townwide Sewer District (Vernon Drive/Starr Road), in the Town of Cortlandville,
shall have no significant environmental impact, and it is further
RESOLVED, the Deputy Supervisor is hereby authorized and directed to sign the SEQRA form for
said project.
RESOLUTION #188 ADOPT RESOLUTION AND ORDER AFTER PUBLIC
HEARING FOR THE INCREASE AND IMPROVEMENT OF
FACILITIES OF THE TOWNWIDE SEWER DISTRICT
(VERNON DRIVE/STARK ROAD), IN THE TOWN OF
CORTLANDVILLE
Motion by Councilman Proud
Seconded by Councilman O'Donnell
VOTES: Deputy Supervisor Testa
Aye
Councilman Proud
Aye
Councilman O'Donnell
Aye
Supervisor Tupper
Absent
Councilman Rocco
Absent
ADOPTED
WHEREAS, the Town Board of the Town of Cortlandville (herein called the "Town Board" and
"Town", respectively), in the County of Cortland, New York, on behalf of the Townwide Sewer
District (herein called the "District"), in the Town, has caused an engineer duly licensed by the
State of New York (the "Engineer") to prepare a preliminary map and plan for the increase and
improvement of facilities of the District, consisting of the installation of a new flow valve and
improvements to existing sewer lines on Vernon Drive, including ancillary work in connection
therewith, and construction of new sewer service to Starr Road; and pursuant to the direction of
the Town, the Engineer has completed and filed with
176
SEPTEMBER 17, 2008 TOWN BOARD MEETING PAGE 7
the Town Board such preliminary map and plan for said increase and improvement of facilities
of the District and has estimated the cost thereof to be $325,000; and
WHEREAS, the Town Board adopted an Order describing in general terms the proposed
increase and improvement of facilities, specifying the estimated cost thereof, and stating the
Town Board would meet to hear all persons interested in said increase and improvement of
facilities on September 17, 2008 at 5:00 o'clock P.M. (Prevailing Time) at the Raymond G.
Thorpe Municipal Building, 3577 Terrace Road, Cortland, New York, and
WHEREAS, a Notice of such public hearing was duly published and posted pursuant to the
provisions of Article 12 of the Town Law and other applicable law; and
WHEREAS, such public hearing was duly held by the Town Board on this 17th day of
September, 2008 at 5:00 o'clock P.M. (Prevailing Time) at the Raymond G. Thorpe Municipal
Building, 3577 Terrace Road, Cortland, New York, with considerable discussion on the matter
having been had and all persons desiring to be heard having been heard, including those in favor
of and those in opposition to said increase and improvement of such facilities; and
WHEREAS, the Town Board, as lead agency, has given due consideration to the impact that the
project described herein may have on the environment and has determined that such project will
not result in any significant adverse environmental impacts and a negative declaration has been
adopted by the Town Board;
Now, therefore, on the basis of the information given and received at such hearing, it is hereby
DETERMINED, that it is in the public interest to increase and improve the facilities of the
District as hereinabove described, at the estimated maximum cost of $325,000; and it is hereby
ORDERED, that the facilities of the District shall be so increased and improved and that the
Engineer heretofore retained by the Town Board shall prepare plans and specifications and make
a careful estimate of the expense for said increase and improvement of such facilities and, with
the assistance of the Town Attorney or the attorney for the District, shall prepare a proposed
contract for such increase and improvement of facilities of the District, which plans and
specifications, estimate and proposed contract shall be presented to the Town Board as soon as
possible; and it is hereby
FURTHER ORDERED, that the expense of said increase and improvement of facilities shall be
financed by the issuance of $325,000 bonds of the Town, and the costs of said increase and
improvement of facilities, including payment of principal of and interest on said bonds, shall be
paid by the assessment, levy and collection of assessments upon the several lots and parcels of
land within the District, so much upon and from each as shall be in just proportion to the amount
of benefit conferred upon the same to pay the principal of and interest on said bonds; and it is
hereby
FURTHER ORDERED, that the Town Clerk record, or cause to be recorded, a certified copy of
this Resolution and Order After Public Hearing in the office of the Clerk of Cortland County
within ten (10) days after adoption thereof.
RESOLUTION #189 BOND RESOLUTION OF THE TOWN OF CORTLANDVILLE,
NEW YORK, ADOPTED SEPTEMBER 17, 2008,
APPROPRIATING $325,000 FOR THE INCREASE AND
IMPROVEMENT OF FACILITIES OF THE TOWNWIDE
SEWER DISTRICT (VERNON DRIVE/STARK ROAD), AND
AUTHORIZING THE ISSUANCE OF $325,000 SERIAL
BONDS OF SAID TOWN TO FINANCE SAID APPROPRIATION
Motion by Councilman O'Donnell
Seconded by Councilman Proud
VOTES: Deputy Supervisor Testa
Aye
Councilman Proud
Aye
Councilman O'Donnell
Aye
Supervisor Tupper
Absent
Councilman Rocco
Absent
ADOPTED
177
SEPTEMBER 17, 2008
TOWN BOARD MEETING
PAGE 8
WHEREAS, following preparation of a map and plan and an estimate of cost for the increase and
improvement of facilities of the Townwide Sewer District (herein called the "District"), in the
Town of Cortlandville (herein called the "Town"), in the County of Cortland, New York, and
after a public hearing duly called and held, the Town Board of the Town determined that it is in
the public interest to increase and improve the facilities of the District, and ordered that such
facilities be so increased and improved;
Now, therefore, be it
RESOLVED BY THE TOWN BOARD OF THE TOWN OF CORTLANDVILLE, IN THE
COUNTY OF CORTLAND, NEW YORK (by the favorable vote of not less than two-thirds of
all the members of said Board) AS FOLLOWS:
Section 1. The Town hereby appropriates the amount of $325,000 for the increase and
improvement of facilities of the District, consisting of the installation of a new flow valve and
improvements to existing sewer lines on Vernon Drive, including ancillary work in connection
therewith, and construction of new sewer service to Starr Road. The estimated maximum cost
thereof, including preliminary costs and costs incidental thereto and the financing thereof, is
$325,000 and said amount is hereby appropriated therefor. The plan of financing includes the
issuance of $325,000 bonds of the Town to finance said appropriation and the assessment, levy
and collection of assessments upon the several lots and parcels of land within the District shall be
paid by the assessment, levy and collection of assessments upon the several lots and parcels of
land within the District, so much upon and from each as shall be in just proportion to the amount
of benefit conferred upon the same to pay the principal of and interest on said bonds.
Section 2. Bonds of the Town are hereby authorized to be issued in the principal amount
of $325,000 pursuant to the provisions of the Local Finance Law, constituting Chapter 33-a of
the Consolidated Laws of the State of New York (herein called "Law"), to finance said
appropriation.
Section 3. The following additional matters are hereby determined and stated:
(a) The period of probable usefulness of the object or purpose for which said
bonds are authorized to be issued, within the limitations of Section 11.00 a. 4 of
the Law, is forty (40) years.
(b) The proceeds of the bonds herein authorized and any bond anticipation notes
issued in anticipation of said bonds may be applied to reimburse the Town for
expenditures made after the effective date of this resolution, or for expenditures
made prior to the effective date if a declaration of intent to issue bonds has been
made. The foregoing statement of intent with respect to reimbursement is made
in conformity with Treasury Regulation Section 1.150-2 of the United States
Treasury Department.
(c) The proposed maturity of the serial bonds authorized by this resolution will
exceed five (5) years.
Section 4. Each of the bonds authorized by this resolution and any bond anticipation
notes issued in anticipation of said bonds shall contain the recital of validity prescribed by
Section 52.00 of the Law and said bonds and any notes issued in anticipation said bonds shall be
general obligations of the Town, payable as to both principal and interest by a general tax upon
all the taxable real property within the Town without limitation as to rate or amount. The faith
and credit of the Town are hereby irrevocably pledged to the punctual payment of the principal
of and interest on said bonds and any notes issued in anticipation of the sale of said bonds, and
provision shall be made annually in the budget of the Town by appropriation for (a) the
amortization and redemption of the bonds and any notes issued in anticipation thereof to mature
in such year and (b) the payment of interest to be due and payable in such year.
Section 5. Subject to the provisions of this resolution and of the Law and pursuant to the
provisions of Section 21.00 relative to the authorization of the issuance of bonds with
substantially level or declining annual debt service, Section 30.00 relative to the authorization of
the issuance of bond anticipation notes and Section 50.00 and Sections 56.00 to 60.00 and
168.00 of the Law, the powers and duties of the Town Board relative to authorizing bond
anticipation notes and prescribing the terms, form and contents and as to the sale and issuance of
the bonds herein authorized, and the renewals of said bond anticipation notes, and relative to
178
SEPTEMBER 17, 2008 TOWN BOARD MEETING PAGE 9
executing contracts for credit enhancements and providing for substantially level or declining
annual debt service, are hereby delegated to the Supervisor, the chief fiscal officer of the Town.
Section 6. 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 or purpose for which the Town is
not authorized to expend money, or
(b) the provisions of law which should be complied with at the date of the
publication of such resolution, or a summary thereof, 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
(b) such obligations are authorized in violation of the provisions of the
constitution.
Section 7. This resolution shall take effect immediately and the Town Clerk is hereby
authorized and directed to publish the foregoing bond resolution, in summary, in "THE
CORTLAND STANDARD," a newspaper having a general circulation in said Town, which is
hereby designated as the official newspaper of the Town for such publication, together with the
Town Clerk's statutory notice in the form prescribed by Section 81.00 of the Local Finance Law
of the State of New York.
Attorney Folmer and the Board reviewed the SEQR Short Environmental Assessment Form
for the Aquifer Protection Permit application submitted by Intertek Testing Services NA, Inc. for
property located on US Route 11.
RESOLUTION 9190 DECLARE NEGATIVE IMPACT FOR AQUIFER
PROTECTION PERMIT #6 OF 2008 SUBMITTED BY
INTERTEK TESTING SERVICES NA, INC. FOR PROPERTY
LOCATED ON US ROUTE 11
Motion by Councilman O'Donnell
Seconded by Councilman Proud
VOTES: ALL AYE ADOPTED
WHEREAS, an Aquifer Protection Permit application was submitted by Intertek Testing
Services NA, Inc. to permit the construction of a 100 ft. by 200 ft. pole barn (20,000 sq. ft.), a
15,540 sq. ft. storage area addition onto SW corner, and a 1,600 sq. ft. storage area on the NE
corner of existing Intertek building, for property located on the south side of US Route 11,
approximately 1,000 ft. east of the City of Cortland's boundary, owned by Electrical Testing
Laboratories, Inc., tax map #87.00-03-17.100 & 87.00-03-20.000, and
WHEREAS, the Town Board as Lead Agent, duly reviewed and completed the Short
Environmental Assessment Form, therefore
BE IT RESOLVED, the Town Board as Lead Agent, does hereby declare the proposed project of
Intertek Testing Services NA, Inc., Aquifer Protection Permit #6 of 2008, shall have no
significant environmental impact.
RESOLUTION #191 AUTHORIZE DEPUTY SUPERVISOR TO SIGN SEQRA
APPLICATION OF AQUIFER PROTECTION
PERMIT #6 OF 2008
Motion by Councilman O'Donnell
Seconded by Councilman Proud
VOTES: ALL AYE ADOPTED
179
SEPTEMBER 17, 2008
TOWN BOARD MEETING
rMIT
Cam;
BE IT RESOLVED, the Deputy Supervisor is hereby authorized and directed to sign the SEQRA
application relating to Aquifer Protection Permit #6 of 2008, submitted by Intertek Testing Services
NA, Inc.
RESOLUTION #192 APPROVE AQUIFER PROTECTION PERMIT #6 OF 2008
SUBMITTED BY INTERTEK TESTING SERVICES NA, INC.
FOR PROPERTY LOCATED ON US ROUTE 11
SUBJECT TO CONDITIONS
Motion by Councilman O'Donnell
Seconded by Councilman Proud
VOTES: ALL AYE ADOPTED
WHEREAS, the Cortland County Planning Department and the Town Planning Board have
reviewed and recommended approval of this Aquifer Protection Permit application, and
WHEREAS, a Public Hearing was duly held by this Town Board, therefore
BE IT RESOLVED, the Town Board does hereby approve Aquifer Protection Permit #6 of 2008,
submitted by Intertek Testing Services NA, Inc., permitting the construction of a 100 ft. by 200
ft. pole barn (20,000 sq. ft.), a 15,540 sq. ft. storage area addition onto SW corner, and a 1,600
sq. ft, storage area on the NE corner of existing Intertek building, for property located on the
south side of US Route 11, approximately 1,000 ft. east of the City of Cortland's boundary,
owned by Electrical Testing Laboratories, Inc., tax map #87.00-03-17.100 & 87.00-03-20.000,
subject to the following conditions from the County Planning Board:
1. That there would be no floor drains within the proposed buildings.
2. The applicant obtaining approval of the proposed stormwater pollution prevention
plan from the Town.
3. The applicant filing a Notice of Intent with the NYS Department of Environmental
Conservation (DEC) in addition to the preparation of the stormwater pollution
prevention plan per the NYS Phase II stormwater regulations if it is determined that
the proposal, along with the additions proposed earlier this year, will result in the
disturbance of at least one acre of land.
4. The applicant's submittal of the facility's spill management plan to the Town which
includes precautions for any hazardous materials which may be stored in the new pole
barns.
5. Compliance with SEQR requirements.
AND IT IS FURTHER RESOLVED, the Deputy Supervisor is hereby authorized to sign the
permit.
Town Clerk Snyder commented on the Bicentennial Parade and stated she was both
proud and honored to represent the Town of Cortlandville in the parade.
Attorney Folmer reported:
Termination of Article 78 Proceeding:
Attorney Folmer apprised the Board the Article 78 Proceeding filed by Arnold, Pace,
Armideo, Calabro, Pace & Pace vs. the Town of Cortlandville, regarding the enactment of the
Town Zoning Law and the United Development Project, was terminated. The attorney for the
Petitioners was instructed to withdraw the proceeding, and therefore requested the Court
withdraw and discontinue the matter.
SEPTEMBER 17, 2008 TOWN BOARD MEETING PAGE 11
RESOLUTION 4193 AWARD BID TO THOMA DEVELOPMENT CONSULTANTS
FOR PROGRAM DELIVERY AND ADMINISTRATIVE
SERVICES FOR THE FY 2008 HOME PROGRAM (CDBG)
"ELDERLY OWNER OCCUPIED REHABILITATION
PROGRAM"
Motion by Councilman O'Donnell
Seconded by Councilman Proud
VOTES: ALL AYE ADOPTED
WHEREAS, bids were advertised for program delivery and administrative services of the FY
2008 HOME Program (CDBG), "Elderly Owner Occupied Rehabilitation Program," to be
submitted to the Town Clerk by September 5, 2008, and
WHEREAS, the Town Clerk received and opened one bid on September 5, 2008 from Thoma
Development Consultants, therefore
BE IT RESOLVED, the bid as recommended by the Town Board is hereby awarded to Thoma
Development Consultants of Cortland, New York in the amount of $67,000.
RESOLUTION #194 REAPPOINT LOUIS D. CLOSSON TO THE BOARD OF
ASSESSMENT REVIEW
Motion by Councilman O'Donnell
Seconded by Councilman Proud
VOTES: ALL AYE APPROVED
BE IT RESOLVED, the Town Board does hereby reappoint Louis D. Closson, 3076 West River
Road, Cortland, NY, to the Cortlandville Board of Assessment Review for a five-year term
commencing October 1, 2008 and expiring September 30, 2013.
There was discussion regarding plans to let out to bid for the construction of the new
pavilion and concession stand at the Ted Testa Park on Starr Road. Deputy Supervisor Testa
apprised the Board that Clough Harbour & Associates was finalizing plans for the project, which
had been scaled down from original plans due to cost. He hoped that both the pavilion and
concession stand could be constructed for the cost of the grant received by the Dormitory
Authory for the Park. If not, perhaps only the concession stand and restrooms would be
constructed at this time.
Councilman Proud suggested the bids be separate for the pavilion and concession stand
to allow the Board to split up the project if necessary.
Attorney Folmer agreed and recalled the problem the Board had with awarding the bid
for the Starr Road/Vemon Drive sewer improvement project, which could not be separated
because it was bid as one project.
Deputy Supervisor Testa agreed with Councilman Proud and Attorney Folmer.
RESOLUTION #195 AUTHORIZE DEPUTY SUPERVISOR TO LET OUT TO BID
FOR THE CONSTRUCTION OF THE TED TESTA PARK
PAVILION AND CONCESSION STAND
Motion by Councilman O'Donnell
Seconded by Councilman Proud
VOTES: ALL AYE ADOPTED
WHEREAS, the Town was awarded 2008 Grant from the Dormitory Authority for the Starr
Road Park, which has been renamed the Ted Testa Park, in the amount of $250,000.00, and
WHEREAS, the Town contracted with Clough Harbour & Associates LLP for design services
associated with the construction of a concession/storage building, restroom building, two (2)
picnic pavilions and a picnic area for the Ted Testa Park located on Starr Road, and
SEPTEMBER 17, 2008 TOWN BOARD MEETING PAGE 12
181
WHEREAS, Clough Harbour & Associates LLP was in the process of finalizing plans for the
construction of a new pavilion and concession stand at the Park, therefore
BE IT RESOLVED, the Town Board does hereby authorize and direct the Deputy Supervisor to
let out to bid for the construction of the pavilion and concession stand at the Ted Testa Park.
Councilman O'Donnell made a motion, seconded by Councilman Proud, to receive and
file correspondence from George Doucette Jr., Regional Design Engineer, NYS DOT, dated
September 11, 2008, regarding repairs to the bridge that carries East River Road over Interstate
81. All voting aye, them motion was carried.
No further comments or discussion were heard.
Councilman O'Donnell made a motion, seconded by Councilman Proud, to adjourn the
Regular Meeting. All voting aye, the motion was carried.
The meeting was adjourned at 5:45 p.m.
Respectfully submitted,
Karen Q. Snyder, RMC
Town Clerk
Town of Cortlandville
*Note:
The draft version of this meeting was submitted to the Town Board for their review on October 1, 2008.
I -
L
1