HomeMy WebLinkAbout09-19-2001Z09
SEPTEMBER 19, 2001
5:00 P.M.
The Regular Meeting of the Town Board of the Town of Cortlandville was
held at the Town Hall, 3577 Terrace Road, Cortland, New York, with Supervisor
Thorpe presiding.
Members present: Supervisor, Raymond Thorpe
Councilman, Theodore Testa
Councilman; Edwin O'Donnell
Councilman, Ronal Rocco
Councilman, John Pilato
Town Clerk, Karen Q. Snyder
Others present were: Town Attorney, John Folmer; Highway Sup't., Carl
Bush; rater and Sewer Sup't, Peter Alteri; James Trasher of Clough, Harbour &
Associates; Town Planning Board member, Nick Renzi and News Reporter, Chris
Nolan.
Supervisor Thorpe called the meeting to order.
RESOLUTION #183 AUTHL. PAYMENT I VOUCHERS -
SEM
Motion by Councilman O'Donnell
Seconded by Councilman Rocco
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the vouchers submitted have been audited and shall be paid as
follows:
General Fund A
Vouchers #417 -454
$
5,387.50
General Fund B , z , . , , , ..
f ; , 90 - 92 .w
$
, , 275.82
Highway Fund DB
357 -373
$
10,784.93
Water Fund
202 -215
$
19,234.36
Sewer Fund
131-140
$
26,665.85
Capital Projects
39
$
76,116.82
Supervisor Thorpe offered privilege of the floor to those in attendance.
Councilman O'Donnell apprised the Board Dan Bilodeau McGraw
Recreation Director, requested he represent the town at the ribbon cutting ceremony
for the new walking path in McGraw held September 15, 2001. .
Dan Bilodeau stated that town , employee Glen Bassett, volunteered a
considerable amount of his time. He did an excellent job in helping with the
completion of the new walking path. The Zirbel family donated benches and the
new gazebo in Brian Zirbel's memory. Councilman O'Donnell stated the Village of
McGraw appreciates all the work done by the town.
Councilman Pilato stated several residents contacted him on Sunday after the
September 11, 2001 tragedy. They requested the American Flag be raised at the
intersection of Routes 281 and 13 across from the A&W Restaurant. Councilman
Pilato thanked Highway Sup't. Bush and Water and Sewer Sup't. Alteri for
responding within an hour of his call requesting the flag. Councilman Mlato stated
he has since received many positive comments.
A discussion was held regarding illuminating the flag at night. Sup't. Alteri
stated the flag is illuminated by the street light.
Councilman Testa referred to an article in the Cortland Standard regarding
concern over who will be responsible of maintaining the new park and ball fields
on Starr Road. Councilman Testa stated he would attend a City School Board
meeting on the town's behalf to discuss maintenance.
Z 10 SEPTEMBER 19, 2001 TOWN BOARD MEETING PAGE 2
Monthly reports for the SPCA for August 2001 are on the table for review
and filed in the Town Clerk's office.
Councilman Testa inquired into the status of the easement for the SPCA.
Attorney Folmer stated the map is in his office. He will have the appropriate
easement prepared soon.
Councilman O'Donnell, made a motion, seconded by Councilman Rocco, to
receive and file a letter from William L. Baker, advising of his intent to renew his
liquor license at Night Owls, 3840 Route 11, Cortland, New York. All voting aye,
the motion was carried.
Attorney Folmer reported:
Moratorium Local Law:
Attorney Folmer stated a lot of discussion has been made concerning the
Moratorium Local Law regarding what it does and does not cover.
Attorney Folmer recommended amendments to the Moratorium Local Law
to provide two exceptions from its provisions. The first exception being eliminating
the requirements of single family residential usage where the only item required is
an area variance.
The second exception is to exclude construction that does not increase the
area utilized as of August 1, 2001, the local law's effective date. The intent is to
replace existing permitted structures subject to review by the appropriate Boards
and agencies. Code Enforcement Officer, Bruce Weber would review the
applications to determine if the second exception is applicable.
Another concern is the boundaries of the moratorium itself. Attorney Folmer
displayed a map of Routes 281 and 13 showing the Aquifer Protection District. The
areas to be effected by the Moratorium Local Law is defined as portion of the town
located within the primary and principal Aquifer Protection District. The
boundaries on the north at the intersection of Route 281 and the Village and Town
of Homer are both impacted. The boundaries on the south, the intersection of Route
13 and Virgil's northerly town line. The east and west by the boundaries of the
primary and principal areas of the Aquifer Protection District, which takes into
account the south side area of the City of Cortland.
Attorney Folmer inquired when the Board would like to hold a Public
Hearing for these amendments to the local law. It was decided to hold the Public
Hearing as a Special Meeting. Attorney Folmer stated a legal notice is required. It
needs to be published five days prior to the Public Hearing. He will_ contact the
Cortland Standard. The Special Meeting could be held on September 26d' 2001.
RESOLUTION #184 SCHEDULE A SPECIAL MEETING FOR A
PUBLIC HEARING FOR AMENDMENTS TO
LOCAL LAW NO.4 OF 2001 - MORATORIUM
1OR SEP EMB _R 26 2001 AT 5.00 E.M.
Motion by Councilman Testa
Seconded by Councilman O'Donnell
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Board does hereby schedule a Special Meeting to be held
September 26, 2001 at 5:00 p.m. for a Public Hearing for amendments to Local Law
No. 4 of 2001-Moratorium.
Arbitration Proceedings:
Attorney Folmer stated arbitration proceedings have commenced with regard
to the contract involving the Crestwood Court and Page Green Road Water and
Sewer projects. The town was allowed to state their preference of arbitrators. We
are now waiting for a response from the American Arbitration Association on their
i arbitrator selection: = -
Third Party Custodian Agreement:
Attorney Folmer stated he has the completed agreement with the town,
Alliance and M&T Banks regarding Third Party Custodian of town funds. This
agreement has been done in the past. Attorney Folmer recommended authorizing
the Supervisor to sign the agreement.
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SEPTEMBER 19, 2001 TOWN BOARD MEETING PAGE 3
RESOLUTION #185 AUTHORIZE SUPERVISOR TO SIGN
AGREEMENT WITH ALLIANCE BANK FOR A
THIRD PARTY CUSTODIAN -MANUFACTURERS
AND TRADERS TRUST COMPANY
Motion •by'CouncilmawRocco
Seconded by Councilman O'Donnell
VOTES: ALL AYE ADOPTED
WHEREAS, an agreement has been received from Alliance Bank, a bank used by
the town for their deposits, to allow Manufacturers and Traders Trust Company
(M&T) to be the "Third Party Custodian" for the Town of Cortlandville, and
WHEREAS, such agreement has been reviewed by the Town Attorney and found
all to be in order, therefore
BE IT RESOLVED, the Board does hereby authorize and direct the Supervisor to
sign said agreement with Alliance and Manufacturers and Traders Trust Company
(M&T) Banks.
Bonds for Crestwood Court, Page Green Road Water and Sewer Project:
Attorney Folmer reminded the Board that Public Hearings for the Bonding of
Crestwood Court, Page Green Road Water and Sewer projects were held on
August 15, 2001. The Board now needs to adopt the Bonding resolutions subject to
permissive referendum. -
RESOLUTION #186 BOND RESOLUTION OF THE TOWN OF
CORTLANDVILLE, NEW YORK, ADOPTED
SEPTEMBER 19, 2001, APPROVING THE
CONSTRUCTION OF THE CRESTWOOD
COURT/GROTON AVENUE/NYS ROUTE 281
SEWER IMPROVEMENT WITHIN THE AREA
OF THE TOWN OUTSIDE OF VILLAGES, WHICH
AREA HAS BEEN DETERMINED TO BE THE
BENEFITTED AREA, AND MAKING OTHER
DETERMINATIONS IN CONNECTION
TH . F—M=
Motion by Councilman O'Donnell
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
WHEREAS, the Town Board of the Town of Cortlandville, in the County of
Cortland, New York, (herein called "Town Board" and "Town," respectively), has
heretofore duly caused the preparation of'a general map, plan and report for the
construction of improvements along Crestwood Court, Groton Avenue and New
York State Route 281 in the Town, consisting of the construction of a new sewage
flow metering station, installation of approximately 1,152 feet of 8-inch collector
line along Crestwood Court, installation of approximately 1,142 feet of 8-inch
sewer main along New York State Route 281, and the replacement of sewer laterals,
in accordance with said plans now on file in the Office of the Town Clerk of the
Town of Cortlandville (the "Sewer Improvement"), including buildings, land or
rights in land, original furnishings, equipment, machinery and apparatus required
therefor, and all ancillary work thereto, at the estimated maximum cost of $216,000,
all within the area of the Town outside of any villages, which area has been
determined to be the benefitted area (herein referred to as the "Benefited Area")
pursuant to Article 12-C of the Town Law, in accordance with such map, plan and
report; that due to increased cost of materials and labor, the estimated cost of
construction of the Sewer Improvement is now estimated to be $262,000, and it is
necessary and desirable and in the best interest of said Town to increase the total
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I SEPTEMBER 19, 2001 TOWN BOARD MEETING
PAGE 4
appropriation therefor by $46,000, from $216,000 to $262,000: and that an Order
was adopted on July 18, 2001, reciting a description of the proposed sewer
improvements, the boundaries of the benefitted area, the maximum amount
proposed to be expended therefor, the proposed method of apportioning the costs
of such improvement, the proposed method of financing, the fact that a map, plan
and report describing the same are on file in the Town Clerk's office for public
inspection, and specifying the time and place of a Public Hearing to hear all persons
interested in the subject thereof concerning the same; that copies of such Order have
been duly published and posted, that all environmental laws and regulations have
been complied with, and that such hearing has been duly held on August 15, 2001,
at the time and place specified; therefore
BE IT RESOLVING AND DETERMINING that (a) the Notice of hearing was
published and posted as required by Law and is otherwise sufficient, (b) all the
property in the proposed Benefitted Area is benefitted by the Sewer Improvement
and all the property benefitted by the Sewer Improvement is included in the
proposed Benefitted Area, and (c) it is in the public interest to construct the Sewer
Improvement, within the Benefitted Area, at the increased estimated maximum cost
of $262,000; and it is
FURTHER RESOLVING AND DETERMINING the construction of the Sewer
Improvement within the Benefitted Area is hereby approved, as hereinabove
described, and authorizing such facilities to be constructed within the Benefitted
Area, DESIGNATING the Benefitted Area in the Town, and DESCRIBING the
Benefitted Area; and it is further
RESOLVED that the maximum amount proposed to be expended for said
improvements is $262,000 which is planned to be financed by the issuance of serial
bonds of the Town and the levy and collection of special assessments from the
several lots and parcels of land within the Benefitted Area which the Town Board
shall determine to be especially benefitted by such Sewer Improvement, so much
upon and from each as shall be in just proportion to the amount of benefit which
such Sewer Improvement shall,confer upon the same, to pay the costs of principal
of and interest on said bonds as the same shall become due and payable; and it is
further
RESOLVED STATING the $262,000 estimated expense of such Sewer
Improvement does not exceed one -tenth of one per centum of the full valuation of
the taxable real property in the area of the Town outside of villages, and the
permission of the Comptroller of the State of New York is therefore not required in
order to finance the cost of said Sewer Improvement, in the Town, as herein
described; and it is further
RESOLVED STATING that this resolution is subject to permissive referendum.
RESOLUTION #187 BOND RESOLUTION OF THE TOWN OF
CORTLANDVILLE, NEW YORK, ADOPTED
SEPTEMBER 19, 2001, APPROVING THE
CONSTRUCTION OF THE PAGE GREEN ROAD
SEWER IMPROVEMENT WITHIN THE AREA
OF THE TOWN OUTSIDE OF VILLAGES, WHICH
AREA HAS. BEEN DETERMINED. TO BE THE
BENEFI dTED AREA, AND MAKING OTHER
DETERMINATIONS IN CONNECTION
THEREWITH
Motion by Councilman O'Donnell
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
WHEREAS, the Town Board of the Town of Corllandville in the County of
Cortland, New York, (herein called "Town Board" and "Town," respectively), has
heretofore duly caused the preparation of a general map, plan and report for the
construction of sewer improvements in the Town, consisting of the construction of
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SEPTEMBER 19, 2001 TOWN BOARD MEETING PAGE 5
improvements on and around Page Green Road in the Town, including the
installation of approximately 1,600 feet of 8-inch sewer main near the intersection of
Page Green Road and Saunders Road, in accordance with said plans now on file in
the office of the Town Clerk of the Town of Cortlandville (the "Sewer
Improvement"), including buildings, land or rights in land, original furnishings,
equipment, machinery and apparatus required therefor, and all ancillary work
thereto, at the estimated maximum cost of $150,000, all within the area of the Town
outside of any villages, which area has been determined to be the benefitted area
(herein referred to as the "Benefited Area"), pursuant to Article 12-C of the Town
Law, in accordance with such map, plan and report; that due to increased cost of
materials and labor, the estimated cost of construction of the Sewer Improvement is
now estimated to be $195,000, and it is necessary and desirable and in the best
interest of said Town to increase the total appropriation therefor by $45,000, from
$150,000 to $195,000: and that an Order was adopted on July 18, 2001, reciting a
description of the proposed sewer improvements, the boundaries of the benefitted
area, the maximum amount proposed to be expended therefor, the proposed method
of apportioning the costs of such improvement, the proposed method of financing,
the fact that a map, plan and report describing the same are on file in the Town
Clerk's office for public inspection, and specifying the time and place o_f a Public
Bearing to hear all persons interested in the subject thereof concerning the same;
that copies of such Order have been duly published and posted, that all
environmental laws and regulations have been complied with, and that such hearing
has been duly held on August 15, 2001, at the time and place specified; therefore
BE IT RESOLVING AND DETERMINING that (a) the Notice of hearing was
published and posted as required by Law and is otherwise sufficient, (b) all the
property in the proposed Benefitted Area is benefitted by the Sewer Improvement
and all the property benefitted by the Sewer Improvement is included in the
proposed Benefitted Area, and (c) it is in the public interest to construct the Sewer
Improvement, within the Benefitted Area, at the increased estimated maximum cost
of $195,000; and it is
FURTHER RESOLVING AND DETERMINING the construction of the Sewer
Improvement within the Benefitted Area is hereby approved, as hereinabove
described, and authorizing such facilities to be constructed within the Benefitted
Area, DESIGNATING the Benefitted Area in the Town, and DESCRIBING the
Benefitted Area; and it is further
RESOLVED that the maximum amount proposed to be expended for said
improvements is $195,000 which is planned to be financed by the issuance of serial
bonds of the Town and the levy and collection of special assessments from the
several lots and parcels of land within the Benefitted Area which the Town Board
shall determine to be especially benefitted by such Sewer Improvement, so much
upon and from each as shall be in just proportion to the amount of benefit which
such Sewer Improvement shall confer upon the same, to pay the costs of principal
of and interest on said bonds as the same shall become due and payable; and it is
further
RESOLVED STATING the $195,000 estimated expense of such Sewer
Improvement does not exceed one -tenth of one per centum of the full valuation of
the taxable real property in the area of the Town outside of villages, and the
permission of the Comptroller of the State of New York is therefore not required in
order to finance the cost of said Sewer Improvement, in the Town, as herein
described; and it is further
RESOLVED STATING that this resolution is subject to permissive referendum.
SEPTEMBER 19, 2001 TOWN BOARD MEETING PAGE 6
RESOLUTION #188 BOND RESOLUTION OF THE TOWN OF
CORTLANDVILLE, NEW YORK, ADOPTED
SEPTEMBER 19, 2001, APPROVING THE
CONSTRUCTION OF THE PAGE GREEN ROAD
WATER IMPROVEMENT WITHIN THE AREA
OF THE TOWN OUTSIDE OF VILLAGES, WHICH
AREA HAS BEEN DETERMINED TO BE THE
BENEFITTED AREA, AND MAKING OTHER
DETERMINATIONS IN CONNECTION
THEREWITH
Motion by Councilman O'Donnell
Seconded by Councilman Pilato
VOTES: ALL AYE ADOPTED
WHEREAS, the Town Board of the Town of Cortlandville in the County of
Cortland, New York, (herein called "Town Board" and "Town," respectively), has
heretofore duly caused the preparation of a general map, plan and report for the
construction of water improvements on and around Page Green Road in the Town,
consisting of the installation, of watermain, where necessary, in accordance with
said plans now on file in the office of the Town Clerk of the Town of Cortlandville
(the "Water Improvement"), including buildings, land or rights in land, original
furnishings, equipment, machinery and apparatus required therefor, and all ancillary
work thereto, at the estimated maximum cost of $75,000, all within the area of the
Town outside of any villages, which area has been determined to be the benefitted
area (herein referred to as the "Benefited Area") pursuant to Article 12-C of the
Town Law, in accordance with such map, plan and report; that due to increased
cost of materials and labor, the estimated cost of construction of the Water
Improvement is now estimated to be $135,000, and it is necessary and desirable and
in the best interest of said Town to increase the total appropriation therefor by
$60,000, from $75,000 to $135,000: and that an Order was adopted on July 18,
2001, reciting a description of the proposed water improvements, the boundaries of
the benefitted area, the maximum amount proposed to be expended therefor, the
proposed method of apportioning the costs of such improvement, the proposed
method of financing, the fact that a map, plan and report describing the same are on
file in the Town Clerk's office for public inspection, and specifying the time and
place of a Public Hearing to hear all persons interested in the subject thereof
concerning the same; that copies of such Order have been duly published and
posted, that all environmental laws and regulations have been complied with, and
that such hearing has been duly held on August 15, 2001, at the time and place
specified; therefore
BE IT RESOLVING AND DETERMINING that (a) the Notice of hearing was
published and posted as required by Law and is otherwise sufficient, (b) all the
property in the proposed Benefitted Area is benefitted by the Water Improvement
and all the property benefitted by the Water Improvement is included in the
proposed Benefitted Area, and (c) it is in the public interest to construct the Water
Improvement, within the Benefitted Area, at the increased estimated maximum cost
of $135,000; and it is
FURTHER RESOLVING AND DETERMINING the construction of the Water
Improvement within the Benefitted Area is hereby approved, as hereinabove
described, and authorizing such facilities to be constructed within the Benefitted
Area, DESIGNATING the Benefitted Area in the Town, and DESCRIBING the
Benefitted Area; and it is further
RESOLVED that the maximum amount proposed to be expended for said
improvements is $135,000 which is planned to be financed by the issuance of serial
bonds of the Town and the levy and collection of special assessments from the
several lots and parcels of land within the Benefitted Area which the Town Board
shall determine to be especially benefitted by such Water Improvement, so much
upon and from each as shall be in just proportion to the amount of benefit which
such Water Improvement shall confer upon the same, to pay the costs of principal
of and interest on said bonds as the same shall become due and payable; and it is
further
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SEPTEMBER 19, 2001 TOWN BOARD MEETING PAGE 7
RESOLVED STATING the $135,000 estimated expense of such Sewer
Improvement does not exceed one -tenth of one per centum of the full valuation of
the taxable real property in the area of the Town outside of villages, and the
permission of the Comptroller of the State of New York is therefore not required in
order to finance the cost of said Water Improvement, in the Town, as herein
described; and it is further :..
RESOLVED STATING that this resolution is subject to permissive referendum.
Highland Road Sewer project:
Attorney Folmer explained the Highland Road Sewer project is a large
financial project and must go to the NYS Comptroller Office for approval, as was
done with the Route 215 water storage tank. Attorney Folmer and Town Engineer
Smith are compiling the necessary information to be submitted. The Board is
required to adopt a Bond resolution for the multi -year project. A current debt
statement is also required for submission to the State Comptroller. Attorney Folmer
feels this can be accomplished in time for the Highland Road project to begin in
2002.
RESOLUTION #189 AUTHORIZE USE OF TOWN HALL FOR THE
DEFENSIVE DRIVING COURSES FOR THE
YEAR OF 2002
Motion by Councilman O'Donnell
Seconded by Councilman Pilato
VOTES:. ALL AYE ADOPTED
BE IT RESOLVED, the Safety Council of Central New York is hereby authorized
to use the Town Hall to conduct their Defensive Driving Course for the year of
2002, per the schedule submitted.
Councilman Rocco made a motion seconded by Councilman O'Donnell, to
receive and file correspondence from John Lutz, Superintendent of Cortland City
Schools. All voting aye, the motion was carried.
Mr. Lutz's correspondence stated his support in regards to the collaboration
of the town, city and Cortland School District concerning the proposed park on
Starr Road.
Motion by Councilman Testa
Seconded by Councilman Pilato
VOTES: ALL AYE ADOPTED
WHEREAS, Change Order No. 2 of 2001 has been submitted by the Town Water
& Sewer Superintendent for the new Municipal Building, therefore
BE IT RESOLVED, the Town Board does hereby approve Change Order No. 2 of
2001 in the amount of $5,504.66, and it is further
RESOLVED, the Town Supervisor is hereby authorized and directed to sign said
Change Order No. 2 of 2001, and it is further
RESOLVED, the contract with James & Son Construction Co., Inc. is hereby
amended.
Councilman O'Donnell made a motion seconded by Councilman Pilato, to
receive and file correspondence from Town Attorney, John Folmer to Tim Buhl of
Resource Associates regarding the McDermott Subdivision Water Booster Station.
All voting aye, the motion was carried.
Attorney Folmer stated if Mr. McDermott did not complete work on the
roadway subgrades and install the water system improvements by August 1, 2002
the Board would consider its involvement ended.
2- 16 SEPTEMBER 19, 2001 TOWN BOARD MEETING PAGE 8
Councilman Pilato made a motion seconded by Councilman O'Donnell, to
receive and file correspondence from Town Attorney, John Folmer to Daniel
Dineen of the Cortland County Planning Department. All voting aye, the motion
was carried.
Attorney Folmer stated his disagreement with Mr. Dineen's correspondence.
Mr. Dineen correspondence stated the towns' moratoria needed to be referred to
the County Planning Department for review and recommendations.
Councilman Rocco made a motion seconded by Councilman O'Donnell, to
receive and file correspondence from NYS Assemblyman, Martin A. Luster to Jean
Egenhofer of the, NYS Office of -Parks-, Recreation and Historic Preservation. All
voting aye, the motion was carried.
Mr. Luster correspondence stated his support. He requested approval for
the application by the town for a grant to be used for the proposed park on Starr
Road.
Councilman Testa inquired into the status of the Rerob, LLC. Express Mart.
Attorney Folmer stated the next step is the submission of a draft statement
from Rerob, LLC. to the Board, taking into account the concerns raised by the town
at the last discussion. After Rerob, LLC. submits their statement, the Board will
have 90 days to respond.
Planning Board member Nick Renzi inquired into the status of the
Renaissance Drainage project.
Attorney Folmer explained the map submitted to him was incomplete. Once
this map has been completed, part of the drafting and executing of the easements
should be completed by the October 17t`, 2001 board meeting. It will then be a
matter of when the construction could be accomplished.
Mr. Renzi inquired if the Board members had received a copy of the minutes
from the Advisory Committee meeting.
Supervisor Thorpe stated he will have his secretary distribute those minutes
to the Board members.
Councilman Testa stated the Board members should attend the next Advisory
Committee meeting scheduled for October e, 2001 at 7:00 p.m. A suggestion was
made to hold the meeting in the large meeting room at the Cortlandville Fire Station.
Supervisor Thorpe will look into its availability.
Councilman Pilato made a motion, seconded by Councilman O'Donnell, to
adjourn the Regular Meeting. All voting aye, the motion was carried.
The meeting was adjourned at 5:25 p.m.
Respectfully submitted,
Karen Q. Snyder
Town Clerk
Town of Cortlandville