HomeMy WebLinkAbout03-18-1998202 MARCH 18, 1998
PUBLIC HEARING
5:00 P.M.
FISHER AVE/FAIRGROUNDS
SEWER IMPROVEMENT PROJECT - 1998
A Public Hearing was held by the Town Board of the Town of
Cortlandville at the Town Hall, 3577 Terrace Road, Cortland,
New York, concerning the Fisher Ave/Fairgrounds Sewer
Improvement Project.
Members present:
Absent:
Deputy Supv., Theodore Testa
Councilman, Edwin O'Donnell
Councilman, Ronal Rocco
Town Clerk, Pauline Parker
Supervisor, Raymond Thorpe
Councilman, John Pilato
Others present were: Town Attorney, John Folmer; Highway
Supt, Carl Bush; Keyboard Specialist, Patty O'Mara; Town
Residents, Mr. & Mrs. Panzanella, Diane Irwin, Dorothy
Eichenauer; and News Reporter, Jennifer Koch.
Deputy Supervisor Testa called the Public Hearing to
order.
The Town Clerk read aloud the Legal Notice that was posted
and filed.
Deputy Supv. Testa explained that Town Engineer, Hayne
Smith, had recommended while the construction of the approved
Water Improvement Project in this area was being accomplished,
it would be advantageous to also do the Sewer Improvement
Project.
Attorney Folmer stated this project will loop more of our
water and sewer lines.
Deputy Supv. Testa offered those in attendance privilege
of the floor.
No comments or questions were heard.
Councilman Rocco 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 5:10 p.m.
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MARCH 18, 1998
5:00 P.M. r 03
TOWN BOARD MEETING
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 Deputy Supervisor Testa presiding.
Members present:
Absent:
Deputy Supv, Theodore Testa
Councilman, Edwin O'Donnell
Councilman, Ronal Rocco
Town Clerk, Pauline Parker
Supervisor, Raymond Thorpe
Councilman, John Pilato
Others present were: Town Attorney, John Folmer; Highway
Supt., Carl Bush; Keyboard Specialist, Patty O'Mara; Town
Residents: Mr. & Mrs. Panzanella, Diane Irwin, Dorothy
Eichenauer; and News Reporter, Jennifer Koch.
Deputy Supv. Testa called the meeting to order following
the Public Hearing for the Fisher Ave/Fairgrounds Sewer
Improvement Project - 1998.
Councilman O'Donnell made a motion, seconded by Councilman
Rocco, to approve the Town Board Minutes of February 4, 1998,
as written. All voting aye, the motion was carried.
Councilman Rocco made a motion, seconded by Councilman
O'Donnell, to receive and file the Planning Board Minutes of
January 13, 1998. All voting aye, the motion was carried.
Councilman O'Donnell made a motion, seconded by Councilman
Rocco, to receive and file the Zoning Board of Appeals Minutes
of January 27, 1998. All voting aye, the motion was carried.
RESOLUTION #70 AUTHORIZE PAYMENT OF VOUCHERS
MARCH
Motion by Councilman Rocco
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 #103
- 130
$15,127.44
General Fund B
22
- 23
$ 275.20
Highway Fund DB
87
- 109
$12,681.33
Water Fund
67
- 81
$ 6,428.33
Sewer Fund
43
- 54
$ 1,615.96
Capital Projects
02
$ 2,324.04
Deputy Supv. Testa offered privilege of the floor to those
in attendance.
The Monthly
reports for the
Justice for the month of
March, 1998, the
Supervisor for the
month of February, 1998 and
the SPCA for the
month of February,
1998, are on the table for
review and filed
in the Town Clerk's
office.
Councilman Rocco requested further information regarding
the new Justice project with the State. Councilman O'Donnell
stated that we approved the monies needed to implement the
program and upgrading the computers.
The discussion continued whereby there was an agreement
that it would take time to recover the cost of the program but
sooner or later all courts will be participating in the
program.
20- MARCH 18, 1998 TOWN BOARD MEETING PAGE 2
Councilman O'Donnell, made a motion, seconded by
Councilman Rocco, to receive and file correspondence dated
March 13, 1998 from the Cortland County Planning Department.
All voting aye, the motion was carried.
The correspondence was in reference to Suit-Kote's Zone
Change .request.
Deputy Supv. Testa stated Suit-Kote's Zoning Change
request will be reviewed by the County Planning Board, which is
meeting tonight.
Attorney Folmer reminded the Board that their Public
Hearing on the Zone Change request is tentatively scheduled for
April 15th at 6:00 p.m. to accommodate people who may have
difficulty attending at 5:00 p.m.
A discussion was held referring to property purchased by
Suit-Kote and when. It was stated that Suit -Kate purchased the
property in 1989.
Attorney Folmer advised the Town Board that they have
adopted the order to approve three projects: Fisher Ave. /
Fairgrounds Water and Sewer Projects and Saunders Road Water
Project, and held the required Public Hearings. Adopting the
Resolution for appropriating the money for these projects was
Put off so they could all be done at the same time. The Board
needs to adopt the Resolution for these three projects in order
to complete BAN process, and were presented.
RESOLUTION #71 ADOPT RESOLUTION PURSUANT TO TOWN LAW
SECTION 209(q)(3)-"FISHER AVENUE/FAIR-
GROUNDS DRIVE SEWER PROJECT - 1998"
SUBJECT TO PERMISSIVE REFERENDUM AS
PROVIDED BY LAW
Motion by Councilman O'Donnell
Seconded by Councilman Rocco
VOTES: ALL AYE ADOPTED
WHEREAS, there were filed and made available for public
inspection in the Office of the Town Clerk of the Town of
Cortlandville, Cortland County, New York, general plans
relating to the "Fisher Avenue/Fairgrounds Drive Sewer Project-
1998", as required by Sections 209-q and 209-c of the Town Law;
and
WHEREAS, an Order was duly adopted by the Town Board on March
4, 1998 reciting the filing of said general plans, the
construction proposed, and the estimated expense thereof and
specifying March 18, 199 at 5:00 p.m. as the time and the said
Town Hall in the Town. of Cortlandville as the place where the
said Board would meet to consider the documents filed as
aforesaid and to hear all persons interested in the subject
thereof concerning the same, and
WHEREAS, said Order was duly posted and published as required
by law, and
WHEREAS, a hearing in the matter was duly held by the Board on
the 18th day of March, 1998 commencing at 5:00 p.m. at the Town
Hall in the said Town and discussion upon the matter having
been had and all persons desiring to be heard having been duly
heard in including members of the Board and various other
persons, and
NOW, upon the evidence given upon such hearing and upon the
motion of Edwin O'Donn.ell, Councilman, seconded by Ronal Rocco,
Councilman, and unanimously passed, therefore
BE IT RESOLVED AND DETERMINED, that the plans heretofore filed
with the Town Clerk of the Town of Cortlandville are in
compliance with Section 209-c of the Town Law of the State of
New York and are otherwise sufficient, and that to construct
the aforesaid sewer project is in the public interest, and it
is further
MARCH 18, 1998 TOWN BOARD MEETING PAGE 3 v
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RESOLVED AND DETERMINED, all costs, including the principal and
interest on said bonds or other obligations authorized to be
issued shall be borne by the lands benefitted by such
improvement and such costs shall be assessed, levied and
collected from the several lots or parcels or land within said
Town of Cortlandville in just proportion to the amount of
benefit which the improvement shall confer upon such lots or
parcels; it is further hereby determined that all lots or
parcels in the Town of Cortlandville outside of Villages
capable of being serviced by the "Article 12-c" Sewer
Improvements heretofore and hereafter provided are lots or
parcels benefitted by the proposed sewer improvement project
and all previous improvements shall be spread upon and over the
enlarged benefitted area, all of such improvements constituting
one sewer system, and
WHEREAS, it is further proposed that the costs of management,
maintenance, operation and repair of said improvement as
proposed in said plans be authorized pursuant to Section 209-q-
(6)(c) of the Town Law; that the improvement therein mentioned
be constructed and the service therein mentioned be provided
for upon the required funds being made available or provided
for; and that such improvement shall be designated and known as
"Fisher Avenue/Fairgrounds Drive Sewer Project-1998", and it is
further
RESOLVED AND DETERMINED, that the proposed improvement,
including costs of rights of way, construction costs, legal
fees, engineering and consultant fees, and all other expenses
approximated to be a maximum of $75,000.00 shall be paid by the
issuance of $75,000.00 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 in just proportion
to the amount of benefit which the sewer improvement shall
confer upon such lots or parcels, to pay the principal of and
interest on said bonds as the same shall become due and
payable, and it is further
RESOLVED AND DETERMINED, that the cost of management,
maintenance, operation and repair of said improvement or
services shall be a charge upon the area of the Town of
Cortlandville outside of Villages and shall be levied and
collected in the same manner and at the same time as other Town
charges, provided that it is the intention of the Town Board
that such costs will be raised in the first instance from sewer
rates, charges and fees upon all lots or parcels heretofore and
hereafter serviced by Town Law Article 12-C Sewer Improvements,
and it is further
RESOLVED, that the Town Clerk of this Town shall within ten
(10) days after the adoption of this Resolution file a
certified copy of this resolution in the Cortland County
Clerk's Office as provided for by Town Law Section 209-q(6) (d) ,
and with the Comptroller of the State of New York as required
by Law; and it is further
RESOLVED, that this Resolution is adopted SUBJECT TO PERMISSIVE
REFERENDUM AS REQUIRED BY LAW.
RESOLUTION 412 ADOPT RESOLUTION PURSUANT TO TOWN LAW
SECTION 209(q)(3)-"FISHER AVENUE/FAIR-
GROUNDS WATER EXTENSION IMPROVEMENT
PROJECT - 1998" SUBJECT TO PERMISSIVE
REFERENDUM AS PROVIDED BY LAW
Motion by Councilman Rocco
Seconded by Councilman O'Donnell
VOTES: ALL AYE ADOPTED
WHEREAS, there were filed and made available for public
inspection in the Office of the Town Clerk of the Town of
Cortlandville, Cortland County, New York, general plans
relating to the "Fisher Avenue/Fairgrounds Water Extension
Improvement Project-1998", as required by Sections 209-q and
209-c of the Town Law; and
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6 MARCH 18, 1998 TOWN BOARD MEETING PAGE 4
WHEREAS, an Order was duly adopted by the Town Board on
February 4, 1998 reciting the filing of said general plans, the
construction proposed, and the estimated expense thereof and
specifying February 18, 1997 at 5:00 p.m. as the time and the
said Town Hall in the Town of Cortlandville as the place where
the said Board would meet to consider the documents filed as
aforesaid and to hear all persons interested in the subject
thereof concerning the same, and
WHEREAS, said Order was duly posted and published as required
by law, and
WHEREAS, a hearing in the matter was duly held by the Board on
the 18th day of February, 1998 commencing at 5:00 p.m. at the
Town Hall in the said Town and discussion upon the matter
having been had and all persons desiring to be heard having
been duly heard in including members of the Board and various
other persons, and
NOW, upon the evidence given upon such hearing and upon the
motion of Ronal Rocco, Councilman, seconded by Edwin O'Donnell,
Councilman, and unanimously passed, therefore
BE IT RESOLVED AND DETERMINED, that the plans heretofore filed
with the Town Clerk of the Town of Cortlandville are in
compliance with Section 209-c of the Town Law of the State of
New York and are otherwise sufficient, and that to construct
the aforesaid water improvement project is in the public
interest, and it is further
RESOLVED AND DETERMINED, all costs, including the principal and
interest on said bonds or other obligations authorized to be
issued shall be borne by the lands benefitted by such
improvement and such costs shall be assessed, levied and
collected from the several lots or parcels or land within the
said Town of Cortlandville in just proportion to the amount of
benefit which the improvement shall. confer upon such lots or
parcels; it is further hereby determined that all lots or
parcels in the Town of Cortlandville outside of Villages
capable of being serviced by the "Article 12-c" Water
Improvement heretofore and hereafter provided, are lots or
parcels benefitted by the proposed water improvement project
and all previous improvements shall be spread upon and over the
enlarged benefitted area, all of such improvements constituting
one water system, and
WHEREAS, it is further proposed that the costs of management,
maintenance, operation and repair of said improvement as
proposed in said plans be authorized pursuant to Section 209-q-
(6)(c) of the Town Law; that the improvement therein mentioned
be constructed and the service therein mentioned be provided
for upon the required funds being made available or provided
for; and that such improvement shall be designated and known as
"Fisher Avenue/Fairgrounds Water Extension Improvement Project-
1998", therefore
BE IT FURTHER RESOLVED AND DETERMINED, that the proposed
improvement, including costs of rights of way, construction
costs, legal fees, engineering and consultant fees, and all
other expenses approximated to be a maximum of $173,000.00
shall be paid by the issuance of $173 , 000 . 00 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 in just proportion to the amount of benefit which the
water improvement shall confer upon such lots or parcels, to
pay the principal of and interest on said bonds as the same
shall become due and payable, and it is further
RESOLVED AND DETERMINED, that the costs of management,
maintenance, operation and repair of said improvement or
services shall be a charge upon the area of the Town of
Cortlandville outside of Villages and shall be levied and
collected in the same manner and at the same time as other Town
charges, provided that it is the intention of the Town Board
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MARCH 18, 1998 TOWN BOARD MEETING PAGE 5 L 07
that such costs will be raised in the first instance from water
rates, charges and fees upon all lots or parcels heretofore and
hereafter serviced by Town Law Article 12-C Water Improvements,
and it is further
RESOLVED, that the Town Clerk of this Town shall within ten
(10) days after the adoption of this Resolution file a
certified copy of this resolution in the Cortland County
Clerk's Office as provided for by Town Law Section 209-q(6)(d),
and with the Comptroller of the State of New York as required
by Law; and it is further
RESOLVED, that this Resolution is adopted SUBJECT TO PERMISSIVE
REFERENDUM AS REQUIRED BY LAW.
RESOLUTION #73 ADOPT RESOLUTION PURSUANT TO TOWN LAW
SECTION 209-(q)(3) "SAUNDERS ROAD WATER
IMPROVEMENT PROJECT - 1998" SUBJECT TO
PERMISSIVE REFERENDUM AS PROVIDED BY LAW
Motion by Councilman Rocco
Seconded by Councilman O'Donnell
VOTES: ALL AYE ADOPTED
WHEREAS, there were filed and made available for public
inspection in the Office of the Town Clerk of the Town of
Cortlandville, Cortland County, New York, general plans
relating to the "Saunders Road Water Improvement Project-1998",
as required by Sections 209-q and 209-c of the Town Law; and
WHEREAS, an Order was duly adopted by the Town Board on
February 4, 1998 reciting the filing of said general plans, the
construction proposed, and the estimated expense thereof and
specifying February 18, 1998 at 5:00 p.m. as the time and the
said Town Hall in the Town of Cortlandville as the place where
the said Board would meet to consider the documents filed as
aforesaid and to hear all persons interested in the subject
thereof concerning the same, and
WHEREAS, said Order was duly posted and published as required
by law, and
WHEREAS, a hearing in the matter was duly held by the Board on
the 18th day of February, 1998, commencing at 5:00 p.m. at the
Town Hall in the said Town and discussion upon the matter
having been had and all persons desiring to be heard having
been duly heard in including members of the Board and various
other persons, and
NOW, upon the evidence given upon such hearing and upon the
motion of Ronal Rocco, Councilman, seconded by Edwin O'Donnell,
Councilman, and unanimously passed, therefore
BE IT RESOLVED AND DETERMINED, that the plans heretofore filed
with the Town Clerk of the Town of Cortlandville are in
compliance with Section 209-c of the Town Law of the State of
New York and are otherwise sufficient, and that to construct
the aforesaid water improvement project is in the public
interest, and it is further
RESOLVED AND DETERMINED, all costs, including the principal and
interest on said bonds or other obligations authorized to be
issued shall be borne by the lands benefitted by such
improvement and such costs shall be assessed, levied and
collected from the several lots or parcels or land within said
Town of Cortlandville in just proportion to the amount of
benefit which the improvement shall confer upon such lots or
parcels; it is further hereby determined that all lots or
parcels in the Town of Cortlandville outside of Villages
capable of being serviced by the "Article 12-c" Water
Improvement heretofore and hereafter provided, are lots or
parcels benefitted by the proposed water improvement project
and all previous improvements shall be spread upon and over the
enlarged benefitted area, all of such improvements constituting
one water system, and
2 0 a MARCH 18, 1998 TOWN BOARD MEETING PAGE 6
WHEREAS, it is further proposed that the costs of management;
maintenance, operation and repair of said improvement as
proposed in said plans be authorized pursuant to Section 209-
q-(6)(c) of the Town Law; that the improvement therein
mentioned be constructed and the service therein mentioned be
provided for upon the required funds being made available or
provided for; and that such improvement shall be designated and
known as "Saunders Road Water Improvement Project-1998", and it
is further
RESOLVED AND DETERMINED, that the proposed improvement,
including costs of rights of way, construction costs, legal
fees, engineering and consultant fees, and all other expenses
approximated to be a maximum of $305,000.00 shall be paid by
the issuance of $305,000.00 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 in just
proportion to the amount of benefit which the water improvement
shall confer upon such lots or parcels, to pay the principal of
and interest on said bonds as the same shall become due and
payable, and it is further
RESOLVED AND DETERMINED, that the costs of management,
maintenance, operation and repair of said improvement or
services shall be a charge upon the area of the Town of
Cortlandville outside of Villages and shall be levied and
collected in the same manner and at the same time as other Town
charges, provided that it is the intention of the Town Board
that such costs will be raised in the first instance from water
rates, charges and fees upon all lots or parcels heretofore and
hereafter serviced by Town Law Article 12-C Water Improvements,
and it is further
RESOLVED, that the Town Clerk of this Town shall within ten
(10) days after the adoption of this Resolution file a
certified copy of this Resolution in the Cortland County
Clerk's Office as provided for by Town Law Section 209-q(6)(d),
and with the Comptroller of the State of New York as required
by Law; and it is further
RESOLVED, that this Resolution is adopted SUBJECT TO PERMISSIVE
REFERENDUM AS REQUIRED BY LAW.
Attorney Folmer reported:
Attorney Folmer advised that he has the three bonding
resolutions, for required adoption, for the Route 11 Viaduct
Water Project and Sewer Projects and Hillside/Meadow Lane Sewer
Project. These cannot be done tonight because four out of the
five Board members are needed for approval.
Route 281 Drainage Problem: Received a letter from
Attorney Shafer stating the Country Club's Board of Trustees
met on March 16th to discuss our Highway Supt.'s proposal. He
will provide a report to him next week concerning this.
Councilman O'Donnell, made a motion, seconded by
Councilman Rocco, to receive and file a letter dated March 12,
1998 from Barry Stevens of the NYS DOT. All voting aye, the
motion was carried.
The letter was a denial of a left hand turn signal on
Route 13 at Route 281 and Lamont Circle, previously requested
by this Board.
Councilman O'Donnell, made a motion, seconded by
Councilman Rocco, to receive and file a letter from Bruench
Inc., advising of their intent to renew their liquor license at
Doug's Fish Fry, 206 West Road, Cortland, New York. All voting
aye, the motion was carried.
MARCH 18, 1998 TOWN BOARD MEETING PAGE 7 210901
Deputy Supv. Testa reported that upon his request, he
received an informational letter from Cortlandville Fire
Commissioner, Joseph During, relating to the maintenance and
upgrades of the building they are currently using.
The Fire Commissioners recently received voter approval
for purchasing adjacent property to us on Tompkins Street.
They anticipate that it will take them one year to accomplish
this project and complete their move.
After a discussion with Supervisor Thorpe, it was decided
to request all Town Department heads, employees or citizens, to
submit suggestions, to allow for their input, on what could be
done with this property as an improvement to the Town.
Town Clerk Parker reminded the Board that the building on
Route 281, is a voting site. It cannot be moved to the
Fireman's new location, as it would be out of that district.
A discussion was held whereby it was agreed that other
thoughts and considerations would need to be _reviewed.
No action was taken.
Attorney Folmer asked if he could decide about having a
Special Meeting for adoption of the three bonding projects and
notify the newspaper of the meeting, as is required. Deputy
Supv. Testa agreed and reported Supervisor Thorpe will be back
on Monday.
Mrs. Panzanella asked for an explanation about the
generator recently purchased for Walden Oaks. Highway Supt.
Carl Bush, explained it was for the Water Pump Station located
there, to maintain pressure in case of a power failure.
Councilman O'Donnell made a motion, seconded by
Councilman Rocco, to adjourn the Regular Meeting. All voting
aye, the motion was carried.
The Meeting was adjourned at 5:30 p.m.
Resp ctful sub fitted,
Pauline H. Parker, CMC
Town Clerk
Town of Cortlandville
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