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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. 1 1 L 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 ?-- 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 1 1 Z.13 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 Z15 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