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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. 1 1 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 2 0 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 20 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 1 7 1 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 I