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HomeMy WebLinkAbout10-20-1999TOWN BOARD MEETING OF OCTOBER 20; - 1999 ATTENDANCE Nick Renzi Joanne Bowman Thomas Huttleston . Patricia Riotto Marjorie Livingston Tim Buhl Mary Keegan Marian Meiczinger ' Fran Darling , Richard Beebe .- Rensslear Livingston. James Keegan Ter-Jeng Huang Lydia Ferro Elaine Olson Susan W. Norte 1 1 r OCTOBER 20, 1999 .5:00 P.M. 137 1 1 1 PUBLIC HEARING NO. 1 AQUIFER PROTECTION PERMIT BENDERSON-CORTLAND DEVELOPMENT CORP. TAX MAP #86.17=01-06, 07.100 & 86.13-01-65.100 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 an Aquifer Protection Permit permitting the construction of a 33,000 squarefoot addition to Tops Plaza shopping center and a 10,000 square foot outparcel development with accessory parking. Members present: Supervisor, Raymond Thorpe Councilman, Theodore Testa Councilman, Edwin O'Donnell Councilman, Ronal Rocco Councilman, John Pilato Town Clerk, Karen Snyder Others present were: Town Attorney, John Folmer and Highway Supt, Carl Bush: and other town residents as listed separately. Supervisor Thorpe called the Public Hearing to order. The Town Clerk read aloud the Legal Notice, as published, posted and filed. With no comments or questions heard, the Public Hearing was closed. Councilman Testa 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 5:01 p.m. OCTOBER 20, 1999 5:01 P.M. PUBLIC HEARING NO.2 AQUIFER PROTECTION PERMIT GUTCHESS LUMBER TAX MAP #95.12-01-17.000 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 an Aquifer Protection Permit permitting the construction of a replacement building to replace the current metal building with four pre-fab aluminum finished kilns and concrete approach slab, similar to existing building. Members present: Supervisor, Raymond Thorpe Councilman, Theodore Testa Councilman, Edwin O'Donnell Councilman; Ronal Rocco Councilman, John Pilato Town Clerk, Karen Snyder Others present were: Town Attorney, John Folmer and Highway Supt; Carl Bush; and other town residents as listed separately. Supervisor Thorpe called the Public Hearing to order. The Town Clerk read aloud the Legal Notice, as published, posted and filed. With no comments or questions heard the Public Hearing was closed. Councilman Testa made a motion, seconded by Councilman. O'Donnell, to close the Public Hearing. All voting aye, the motion was carried. The Public Hearing was closed at 5:02 p.m. 1 OCTOBER 20, 1999 5:02 P.M. 11J 1 1 1 PUBLIC HEARING NO.3 AQUIFER PROTECTION PERMIT CORTLAND WOOD PRODUCTS TAX MAP.#95.12-01-15.000 A Public Hearing was held by the Town Board of the Town of Cortlandvilie at the Town Hall, 3577. Terrace Road, Cortland, New York, concerning an Aquifer Protection Permit permitting the construction, of a 40,800 square foot metal building addition to existing building with slab, for "air drying" of lumber. Members present: Supervisor, Raymond Thorpe Councilman, Theodore Testa Councilman, Edwin O'Donnell Councilman, Ronal Rocco Councilman, John Pilato Town Clerk, Karen Snyder Others present were: Town Attorney, John Folmer and Highway Supt, Carl Bush; and other town residents as listed separately. Supervisor Thorpe called the Public Hearing to order. The Town Clerk read aloud the Legal Notice, as published, posted and filed. With no comments or questions heard the Public Hearing was closed. Councilman Testa 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 5:03 p.m. .. i4o OC OBER 20, 1999 PUBLIC HEARING NO.4 AQUIFER.PROTECTION PERMIT DR. S. LADENHEIM & DR:.S...KAPLAN TAX MAP #86.09-05-03.000 A Public Hearing was held by: the Town Board of the Towns of Cordandville at the Town; Hall, 3577.Terrace :Road, -.Cortland, New. York, concerning - an Aquifer Protection . Permit permittingthe construction of! a-. 3,600 :square foot dentist •office -.,.with "'accessory parking at The Commons, Route 281, Cortland; New York: Members present: Supervisor, Raymond Thorpe Councilman, Theodore Testa Councilman, Edwin O'Donnell Councilman, Ronal Rocco Councilman, John Pilato Town Clerk, Karen Snyder Others present were: Town Attorney, John Foliner and Highway Supt, Carl Bush: and Town residents as listed separately. Supervisor Thorpe called, the PubliclHearing.to order. . . The Town Clerk.read aloud the Legal Notice, as published, posted and filed: With no comments or questions:heard,the Public Hearing was closed. Councilman Testa 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 5:04.p.m. 1 OCTOBER 20, 1999 141 1 1 PUBLIC HEARING NO.5 LOCAL LAW - .1999 ZONE CHANGE REQUEST DIANE'SORRELL'S'& JOSEPH CAMILLO 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 a Zone change to re- classify and redesignate the present Business District located on US Route 11 between the City of Cortland and the Village of Homer to a Business Transitional District and to add certain language to the said Zoning Law as it pertains to such District. Members present: Supervisor, Raymond Thorpe Councilman, Theodore Testa Councilman, Edwin O'Donnell Councilman, Ronal Rocco Councilman, John Pilato Town Clerk, Karen Snyder Others present were: Town Attorney, John Folmer and Highway Supt, Carl Bush:. and Town residents as listed separately. Supervisor Thorpe called the Public Hearing to order. The Town Clerk read aloud the Legal Notice, as published, posted and filed. With no comments or questions heard the Public Hearing was closed. Councilman Testa 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 5:05 p.m. 142 OCTOBER 20, 1999 5:05 P.M. PUBLIC HEARING NO.6 ZONECHANGE REQUEST LOCAL LAW - 1999 RENSSLEAR & , MARJORIE LIVINGSTON 3872 ROUTE 11 TAX MAP #87.00-02-04.000 A Public Hearing was held .by the Town Board of the Town of Cortlandvilie at the Town Hall, 3577 Terrace Road, Cortland, New York, concerning a Zone Change to re- classify and redesignate the parcel described hereinafter from its' present classification of Agricultural to a Business classification for property located at 3872 US Route 11. Members present: Supervisor, Raymond Thorpe Councilman, Theodore Testa Councilman, Edwin O'Donnell Councilman, Ronal Rocco Councilman, John Pilato Town Clerk, Karen Snyder Others present were: Town Attorney, John Folmer and Highway Supt, Carl Bush, and Town residents as listed separately. Supervisor Thorpe called the Public Hearing to order. The Town Clerk read aloud the Legal Notice, as published, posted and filed. With no comments or questions heard the Public Hearing was closed. Councilman Testa 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 5:06 p.m. 1 143 OCTOBER 20, 1999 TOWN BOARD MEETING 4[110S23)�I The Regular Meeting of the Town Board of the Town of Cordandville 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 Snyder Others present were: Town Attorney, John Folmer and Highway Supt, Carl Bush: and Town residents as listed separately. Supervisor Thorpe called the meeting to order following six Public Hearings. RESOLUTION #189 DECLARE NEGATIVE IMPACT FOR AQUIFER PROTECTION PERMIT #5 OF 1999 - BENDERSON DEVELOPMENT CORPORATION LOCATED AT TOP'S PLAZA NYS ROUTE 281 Motion by Councilman O'Donnell Seconded by Councilman Pilato VOTES: ALL AYE ADOPTED WHEREAS, an Aquifer Protection Permit application was submitted by Benderson Development Corp., for the construction of a 33,000 square foot addition to the Tops Plaza shopping center and a 10,000 square foot outparcel development with accessory parking, tax map #s 86.17-01-06, 07.100 & 86.13-01-65.100, and WHEREAS, the Town Board as Lead Agent, duly reviewed and completed the Long Environmental Assessment Form, therefore BE IT RESOLVED, the Town Board, as Lead Agent, does hereby declare the proposed project of Benderson Development Corp., Aquifer Protection Permit #5 of 1999, shall have no significant environmental impact. RESOLUTION #190 AUTHORIZE SUPERVISOR TO SIGN SEQRA APPLICATION OF AQUIFER PROTECTION PERMIT #5 OF 1999 Motion by Councilman O'Donnell Seconded by Councilman Pilato VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Supervisor is hereby authorized and directed to sign the SEQRA application relating to Aquifer Protection Permit #5 of 1999, submitted by Benderson Development. RESOLUTION #191 APPROVE AQUIFER PROTECTION PERMIT #5 OF 1999 FOR BENDERSON DEVELOPMENT CORP. FOR THEIR LOCATION ON NYS ROUTE 281 SUBJECT TO CONDITIONS Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE ADOPTED OCTOBER 20, 1999 TOWN BOARD MEETING PAGE 2 WHEREAS, the Cortland County Planning Board and the Town Planning Board have reviewed and recommended approval of this Aquifer Protection Permit application subject to conditions, and WHEREAS, a Public Hearing was duly held by this Town Board, therefore BE IT RESOLVED, theTown Board -..does hereby approve Aquifer Protection Permit #5 of 1999, submitted by Benderson Development Corp., for construction of a 33,000 square foot addition to Tops Plaza shopping center on NYS Route 281 tax map #s 86.17-01-06, 07.100 & 86.13-01-65:100 and a MAO square foot outparcel development with accessory parking, subject to the following conditions: 1) The applicant provide funding for continued sampling of stormwater including first flush stored I in the .detention basin . and. discharge from the basin and the applicant also provide documentation of compliance with #7 . of the February 1994 Cortland County Planning Board recommendations. 2) The applicant provide documentation that the previously approved stormwater management plan accounted for the additional impervious surface of this proposed development. If the total impervious surface of this proposed development was not accounted for in the original approved,stormwater management plan; then'a stormwater pollution prevention plan must be prepared for this additional development. 3) Coordination of this, project with the_ NYS DOT particularly. regarding, the proposed NYS Route 281 expansion project with consideration also given to possible relocation of the entrance to the Tops Plaza to the Luker. Road intersection including the traffic signal, and it is further RESOLVED, the Supervisor is hereby authorized and directed to sign the permit. RESOLUTION #192 DECLARE .NEGATIVE IMPACT FOR AQUIFER PROTECTION PERMIT #6 OF 1999 - GUTCHESS . LUMBER LOCATED ON MCL-EAN ROAD Motion by Councilman Testa Seconded by Councilman Pilato VOTES: ALL AYE ADOPTED WHEREAS, an Aquifer Protection Permit application was submitted by Gutchess Lumber, for the construction of a replacement building to replace the current metal building with four pre-fab aluminum finished kilns and concrete approach slab, similar to the existing building, tax map #95.12-01-17.000, and , - WHEREAS, the Town Board .. as_ Lead Agent, duly previewed and completed the ,Short Environmental Assessment Form, therefore BE IT RESOLVED, the Town Board, as Lead Agent, does hereby declare the proposed project of Gutchess Lumber, Aquifer Protection Permit #6 of 1999, shall have no significant environmental impact. RESOLUTION #193 AUTHORIZE SUPERVISOR TO SIGN SEQRA APPLICATION OF AQUIFER PROTECTION PERMIT #6 OF 1999 Motion by Councilman Testa Seconded by Councilman Pilato VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Supervisor is hereby authorized and directed to sign the SEQRA application relating to Aquifer Protection Permit #6 of 1999, submitted by Gutchess Lumber. 1 I I - OCTOBER 20, 1999 TOWN BOARD MEETING PAGE 3 r, RESOLUTION #194 APPROVE AQUIFER. PROTECTION PERMIT #6 OF 1999 FOR GUTCHESS LUMBER FOR THEIR LOCATION ON MCLEAN ROAD Motion by Councilman Testa Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED WHEREAS, the Cortland County Planning Board and the Town Planning Board have reviewed and recommended approval of this Aquifer Protection Permit application, and WHEREAS, a Public Hearing was duly held by this Town Board, therefore BE IT RESOLVED, the Town Board does hereby approve Aquifer Protection Permit #6 of 1999, submitted by Gutchess Lumber, for the construction of a replacement building to replace the current metal building with four pre-fab aluminum finished kilns and concrete approach slab, similar to the existing building, tax: snap #95.12-01-17.000, and it is_ further RESOLVED, the Supervisor is hereby authorized and directed to sign the permit. RESOLUTION #195 DECLARE NEGATIVE IMPACT FOR AQUIFER PROTECTION PERMIT #7 OF1999 - CORTLAND WOOD PRODUCTS 1 M MCLEAN ROAD Motion by Councilman Pilato Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED WHEREAS, an Aquifer Protection Permit application was submitted by Cortland Wood Products, for the construction of a 40,800.square foot metal building addition to existing building with slab, for "air drying" of lumber, tax map #95.12-01-15.000, and WHEREAS, the Town Board as Lead Agent, duly reviewed and completed the Short Environmental Assessment Form, therefore BE IT RESOLVED, the Town Board, as Lead Agent, does hereby declare the proposed project of Cortland Wood Products, Aquifer Protection Permit #7 of 1999, shall have no significant environmental impact. RESOLUTION #196 AUTHORIZE SUPERVISOR TO SIGN SEQRA APPLICATION OF AQUIFER PROTECTION PERMIT #7 OF 1999 Motion by Councilman Pilato Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Supervisor is hereby authorized and directed to sign the SEQRA application relating to Aquifer Protection Permit #7 of '1999, submitted Cortland Wood Products. RESOLUTION #197 APPROVE AQUIFER PROTECTION PERMIT #7 OF 1999 FOR CORTLAND WOOD PRODUCTS FOR THEIR LOCATION AT 150 MCLEAN ROAD SUBJECT TO CONDITIONS Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE ADOPTED WHEREAS, the Cortland County Planning Board and the Town Planning Board have reviewed and recommended approval of this Aquifer Protection Permit application subject to conditions, and 146 OCTOBER 20, 1999 TOWN BOARD MEETING WHEREAS, a Public Hearing was duly held by this Town Board, therefore PAGE 4 BE IT RESOLVED, the. Town Board does hereby approve Aquifer Protection Permit #7 of 1999, submitted by Cortland Wood Products, for the construction of a 40,800 square foot metal building addition to existing building with slab, for "air drying" of lumber, at their 150 McLean Road location, tax map495.12-01-15.000, subject to: 1). The applicant submit a stormwater pollution prevention plan which is acceptable to the Town, and it is further RESOLVED, the Supervisor is hereby authorized and directed to sign the permit. RESOLUTION #198 DECLARE NEGATIVE IMPACT FOR AQUIFER PROTECTION PERMIT #8 OF 1999 - DR. S. LADENHEIM AND .DR.. S. KAPLAN FOR PROPERTY LOCATED -AT COMMONS AVENUE Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE ADOPTED WHEREAS, .an Aquifer Protection Permit applicationwas submitted by Dr. S. Ladenheim & Dr. S. Kaplan.,. for the construction of -a 3,600 square foot dentist office with accessory parking at The Commons, Route 281, tax map #86.09-05-03.000, and WHEREAS, the Town Board as Lead Agent, duly reviewed ands completed the Short Environmental Assessment Form, therefore BE IT RESOLVED, the Town Board, as Lead Agent, does hereby declare the proposed project of Dr. S. Ladenheim & Dr. S. Kaplan, Aquifer Protection Permit #8 of 1999, shall have no significant environmental impact:. RESOLUTION #199 AUTHORIZE SUPERVISOR TO SIGN SEQRA _ APPLICATION OF AQUIFER PROTECTION PERMIT #8 OF 4999 , Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, the. Supervisor is hereby authorized and directed to sign the SEQRA application relating to Aquifer Protection Permit #8 of 1999, submitted Dr. S. Ladenheim & Dr. S. Kaplan. RESOLUTION #200 APPROVE AQUIFER PROTECTION PERMIT #8 OF 1999 FOR DR. S. LADENHEIM AND DR. S. KAPLAN FOR THEIR LOCATION AT COMMONS AVE SUBJECT TO CONDITIONS Motion by Councilman O'Donnell Seconded by Councilman Pilato VOTES: ALL AYE ADOPTED WHEREAS, the Cortland County Planning Board and the Town Planning Board have reviewed and recommended approval of this Aquifer Protection Permit application subject to conditions, and WHEREAS, a Public Hearing was duly held by this Town Board, therefore BE IT RESOLVED, the Town Board does hereby approve Aquifer Protection Permit #8 of 1999, submitted; by Zausmer-Frisch for property. owners Dr. S. Ladenheim & Dr. S. Kaplan., for the construction of a 3,600 square foot .dentist officewith accessory parking at The Commons, Route 281, tax map #86.09-05-03.000, subject to: 7 OCTOBER 20,1999 TOWN BOARD MEETING PAGE 5 1). The applicant demonstrating that the previously approved stormwater pollution prevention plan for the entire development accounted for the total amount of impervious surface of this proposed development. If the previously approved plan did not take into account the total amount of impervious surface of this proposed development, a stormwater pollution prevention plan will be required for this proposal, and it is further RESOLVED, the Supervisor is hereby authorized and directed to sign the permit. Attorney Folmer apprised the Board, the County Planning Board recommended denial of Diane Sorrells and Joseph Camillo's Zone Change request. The applicants are requesting a zone change along Route 11 from the City of Cortland to the Village of Homer from Business to Business Transitional. The County Planning Board recommended the Town Board have a comprehensive plan of the intended use of the premises involved before approving this request. Attorney Folmer stated with th ' e denial of this request by the County Planning Board, approval by the Town Board would require a majority plus one vote. Attorney Folmer regretted that no one representing the applicant appeared at the Public Hearing to answer the County Planning Board's concerns. Supervisor Thorpe stated the Town Planning Board tabled this zone change request. No one representing the applicants, appeared at the Planning Board's Public Hearing. Attorney Folmer suggested tabling this request until the Town Planning Board could make a recommendation. RESOLUTION #201 TABLE ZONE CHANGE REQUEST OF DIANE SORRELLS AND JOSEPH CAMILLO Motion by Councilman Testa Seconded by Councilman Pilato VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby table the Zone Change request of Diane Soffells and Joseph Camillo until recommendation from the Town Planning Board has been made. Attorney Folmer apprised the Board the County'Planning Board recommended denial of the Zone Change request of Rensslear & Marjorie Livingston due to spot zoning. The County Planning Board recommended the applicant either apply for a variance or incorporate the 3.9± acre parcel immediately east. This parcel is adjacent to the existing Business Zone. Attorney Folmer stated the Town Board has received four letters from adjoining property owners giving approval of the zone change. They are also requesting their properties be included in the zone change request. The letters were received by Steven L. Hartley, Stuart and Lee Alexander and Ralph and Jean Sovocool. A letter from Attorney David Alexander, representing Margery Alexander, was also received in favor of the zone change. These letters are on file in the Town Clerk's office. If approved this would satisfy the County Planning Board's spot zoning objections. Attorney Folmer read from the Appellate Division Third Dept. regarding the necessity of another Public Hearing to include the additional parcels in the original request from Rensslear and Marjorie Livingston. Attorney Folmer stated since the adjoining property owners are the ones affected by the Zone Change and the Board has their favorable correspondence, a new Public Hearing is not necessary. Based upon the Cortland County recommendations and the submitted letters from adjoining property owners to be included in the zone change the Town Board agreed to approve the Local Law to include all four (4) properties. 148 OCTOBER 20, 1999 -.TOWN BOARD MEETING :PAGE 6 RESOLUTION #202 DECLARE NEGATIVE IMPACT FOR ZONE CHANGE REQUEST FOR RENSSLEAR AND,MARJORIE ` LIVINGSTON FOR PROPERTIES LOCATED ON NYS RO.LTTF 44 , t Motion by Councilman O'Donnell F'- Seconded -by Councilman' Testa = VOTES: ALL AYE ADOPTED WHEREAS, a Zone Change, request was: submitted by Rensslear and ,Marjorie Livingston for property located at 3872.Route, 11, tax map #87:00-02=04.000; and WHEREAS, the Cortland County Planning Board and Department -recommended .adjacent properties be included with approval -of _the Local Law, for a zone change, and WHEREAS, 'letters. were received Iro6,adjacent property owners in favor of 'the zone change and requested their properties be included in the Local Law for a zone change, and WHEREAS, the Town Board as Lead Agent; duly - reviewed, and completed the Short Environmental Assessment Form, therefore BE IT RESOLVED, the. Town Board; .as. Lead. Agent, does - hereby declare -the proposed Zone Change request, shall have no significant environmental impact. ; I .. RESOLUTION #203 AUTHORIZE SUPERVISOR TO SIGN SEQRA APPLICATION FOR ZONEC ANGE REQUEST Motion by Councilman O'Donnell , Seconded by Councilman`Testa VOTES: ALL AYE -ADOPTED BE IT RESOLVED,, the Supervisor., is hereby) authorized. and directed -to sign the SEQRA application relating: to a .Zone Change request; -submitted by i Rensslear and Marjorie Livingston for property located at 3872 US Route 11, tax map #87.00-02-04.000. _ RESOLUTION #204 ADOPT LOCAL LAW # .4 OF 1999. AUTHORIZING A ZONE CHANGE ONUS ROUTE 11 SUBMITTED, BY RENSSLEAR AND MARTORIE LIVINGSTON AMENDING THE -ZONING LAW .OF TOWN OF CO.RTf .ANDVI .i _E. Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE ADOPTED WHEREAS, an application, ford a - Zone, from .the present Agricultural: Zone to Business was submitted by 'Rensslear and Marjorie. Livingston, for ,property currently owned by David and Patricia Hunsinger located; on US Route 11. Cortland, NY, and WHEREAS, the County Planning Board and the, Cortlandville Town Planning Board : have reviewed, and recommended approval of such request, -therefore BE IT ENACTED, by the TownBoard of the Town of Cortlandville as follows:, SECTION 1.. The Town of Cortlandville Zoning Law and mapare herebyamendedby this Local Law as follows: The following parcels situated on Route 11 and Weaver Road in the Town of Cortlandville and identified below are hereby zoned and designated as a Business District under the Town of Cortlandville, Zoning Law and Map, subject to all regulations created and established relative to said District: 1 149 OCTOBER 20, 1999 TOWN BOARD MEETING PAGE 7 11 1_ 1 ITh 1� 1 1 f11 3865 US Route 11 3872 US Route 11 Weaver Road Weaver Road Stuart Alexander, ETAL David Hunsinger, ETUX Ralph Sovocool, ETAL Steven Hartley SECTION 2. All ordinances, local laws and parts thereof inconsistent with this Local Law are hereby repealed. SECTION 3. Effective Date. This Local Law shall take effect immediately upon filing with the Secretary of State of the State of New York as required by law. Motion by Councilman O'Donnell Seconded by Councilman Testa . VOTES: ALL AYE ADOPTED BE IT RESOLVED, the vouchers submitted have been audited and shall be paid as follows: General Fund A Vouchers #468 - 497 $ 45,947.94 General Fund B 131 -136 $ 32,717.10 Highway Fund DB 412 - 426 $ 28,494.06 Water Fund 248 - 268 $ 5,539.41 Sewer Fund 132 - 139 $ 723.78 Capital Projects 80 - 83 HA 80 - 82 $ 173.71 HK 83 $ 16.60 Supervisor Thorpe offered privilege of the floor to Patty Riotto and Lydia Ferro. Patty Riotto of 548 McLean Road, spoke of the current speed limit of 45 mph on McLean Road. She presented three petitions, with 61 signatures, to the Board requesting a reduction in the speed limit to 35 mph, from Lime Hollow Rd. to Route 281. Mrs. Riotto explained a major concern for the residents is the number of vehicles traveling faster than the 45 mph speed limit. Mrs. Riotto stated the police agencies have been very accommodating but can not be there all. the time. From McLean Rd. to the Cortland County line where the speed limit changes from 55 to 45 mph, few vehicles reduce their speed and most are traveling faster than 55. The quality of their homes can not be enjoyed especially with the number of 18 wheeler trucks traveling at excessive speeds. Another request is for a weight limit to help reduce the amount of trucks allowed to travel on McLean Road. This has created many safety problems for the residents on McLean Road including many deaths and major accidents. Supervisor Thorpe stated the Board agrees that there are problems. Supervisor Thorpe is concerned if the NYS DOT will cooperate to reduce the speed. Councilman Rocco suggested a letter be written to Senator Seward requesting assistance with the NYS DOT. The Board agreed. Marian Meiczinger, Cortlandville County Legislature, spoke with County Highway Supt. Joseph Eccleston, regarding traffic traveling 50 to 60 mph. A discussion was held concerning the excessive speed on McLean Road and possible solutions. I'Do OCTOBER 20, 1999 TOWN BOARD MEETING PAGE 8 RESOLUTION-#206 RECEIVE AND FILE PETITION TO LOWER SPEED LIMIT ON MCLEAN ROAD AND FORWARD T 0 COUNTY AND NYS DOT FOR APPROVAL Motion by Councilman O'Donnell Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED WHEREAS, a petition was submitted to the Town Board from 61 residents of McLean Road, requesting the speed limit be lowered to 35 mph beginning from Route 281 to the intersection with Lime Hollow Road, due to excessive speed and fatal accidents in the area, and WHEREAS, McLean Road is a designated County Road, therefore BE IT RESOLVED, the Town Board shall hereby acknowledge such petitions, receive and file, and forward the petitions to the County Highway Superintendent, for review and recommendations, and it is further RESOLVED, the Town Board requests the County. Highway Superintendent forward such request and petitions to the New York State Department. of Transportation, for their review and approval, as required. Supervisor Thorpe stated he will address a letter to Senator James Seward and Assemblyman, Martin Luster with regards to the McLean Road residents concerns regarding the speed limit. Ter-Jeq Huang of 722 McLean Road expressed his concerns regarding the McLean Road speed limit. A discussion was held with the those in attendance regarding the McLean Road area including a letter sent to Mr. Eccleston from the residents regarding the speed limit. Supervisor Thorpe explained the Town Board's authority is limited. Some problems need to be handled at the county or state level. Supervisor Thorpe explained the procedure of filing a petition to reduce the speed limit. Supervisor Thorpe reminded the Board, after many requests for a traffic light at the intersection of Route 13 and Starr Road, it took several fatal -accidents before a light was installed. Monthly reports for Justice and SPCA for October 1999, and the 4th quarter Water & Sewer Reports, are on the table for review and filed in the Town Clerk's office. Supervisor Thorpe offered privilege of the floor. to Attorney Folmer. Attorney Folmer stated as a taxpayer and resident of the Village of McGraw, he wished to acknowledge congratulated Highway Supt., Carl Bush, and those who worked on the Elm Street Extension. It is well built, scenic and well worth waiting for. RESOLUTION #207 SCHEDULE PUBLIC HEARING REGARDING THE 2O00 PRELIMINARY BUDGET Motion by Councilman O'Donnell Seconded by Councilman Pilato VOTES: ALL AYE ADOPTED BE IT RESOLVED, a Public Hearing is hereby scheduled to be held on November 3, 1999 at 7:00 p.m. regarding the 2000 Preliminary Budget, and further RESOLVED, that 20 copies shall be made available for distribution to the public on October 27, 1999. OCTOBER 20, 1999 TOWN BOARD MEETING PAGE 9 ! ! 1: i i ! 1!' 1111.6 E M. .i 1 ; ! Mfg i Motion by Councilman Rocco Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board shall adopt the 2000 Preliminary Budget as the 2000 Adopted Budget on November 17, 1999 at 5:00 p.m. Town Clerk, Karen Snyder, received information from James Caruana, representing Fairpoint Communications. She distributed this information to the Board for their review. Mr. Caruana will be at the November 3rd, 1999 Town Board meeting to answer any questions. Supervisor Thorpe referred to the 4th -quarter Water & Sewer report of 1999 and stated the water loss is at 8'/2%, down from 25% to 30% in the past. This indicates leaks are being detected and stopped. RESOLUTION #209 ACKNOWLEDGE NOTIFICATION FROM THE STATE FOR FILING OF LOCAL LAW NO, 3 OF 1999 Motion by Councilman O'Donnell Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED BE IT RESOLVED, NYS Dept. of State acknowledged receipt of Local Law No. 3 of 1999, to be effective on September 27, 1999, which provided for a zone change for property located at 3876 Route 11, South, tax map #87.00-02-05.000, Carl J. Staley owner. Attorney Folmer reported: Hobart Hill Road: Attorney Folmer demonstrated a map and spoke of the plan of 1992 regarding relocation of Hobart Hill Road. The original plan was to receive a conveyance from Stanley Hobart to reconstruct a new road of Hobart Hill. In return the town would convey back to Mr. Hobart the old Hobart Hill Rd. The town never completed their part of the transfer. This issue has come up due to a real estate transaction of the old Hobart farm. The family would like this conveyance completed and requested two parcels to be included with the conveyance. Out of the two parcels under question, Highway Supt, Carl Bush stated one is being used by the town for snow removal and the other is not used but provides a right of way. Attorney Folmer asked for direction from the Board on how to proceed. It was decided Attorney Folmer and Mr. Bush would work on the conveyance of the old Hobart Hill Rd. and the unused parcel of land. Karl Ochs Violation: Code Enforcement Officer, Bruce Weber, has forwarded a letter to Attorney Folmer regarding Mr. Ochs . Attorney Folmer will do as the Board directs, to be discussed later on in this meeting's agenda. Lockboxes: Attorney Folmer stated the three points of consideration for the Local Law for Lockboxes, due to information heard at the last meeting, are as follows: 1). Limiting application of the law to those who have established alarm systems. 2). Notice given to the business owner. as soon as possible after entry. 3). Change the language of the law from Fire Department to Cortlandville Fire District. 152 OCTOBER 20, 1999 TOWN:BOARD MEETING :PAGE 10 Attorney Folmer inquired if these were the points the Board wished to be considered. Adding a date for a Public Hearing should be scheduled. The Board agreed with Counsel. Attorney Folmer stated a copy of the revised :.local .law and,- legal notice for the Public Hearing will be forward to Richard Beebe and Joseph Kuck individually. 9-114F.1 a W-WILVA woo ' Motion by Councilman Testa Seconded by Councilman O'Donnell VOTES: ALL AYE; ADOPTED WHEREAS, per Resolution #146 of 1999, a Public Hearing for the Local Law pertaining to Lockboxes was scheduled and held on September 9, 1999, and WHEREAS, due. to complaints and' concerns by local business and property owners the adoption of the proposed Local Law was tabled for further review, therefore BE IT RESOLVED, a second Public Hearing shall be scheduled for December 1, 1999 at 7:00 p.m. for a proposed Local Law pertaining to Lockboxes. A discussion was held with Mr. Beebe regarding the proposed local law being limited to businesses connecting their alarm systems to 911. The proposed Local Law would not be mandatory unless a direct alarm system was installed. Those without a direct alarm system would be on a voluntary basis. Attorney Folmer continued: . BANS. - Attorney Folmer presented four bonding resolutions in need of adoption. They included Saunders Rd. water, Fisher Avenue/Fairground Drive water, Fisher Avenue sewer and Route 13 water. RESOLUTION #211 ADOPT BOND RESOLUTION OF THE TOWN OF CORTLANDVILLE, NEW YORK, ADOPTED OCTOBER 20, 1999, APPROPRIATING $305,000 FOR THE,-.-. CONSTRUCTION OF A WATER IMPROVEMENT WITHIN AN AREA OF THE TOWN OUTSIDE OF ANY VILLAGES; WHICH -.AREA HAS BEEN DETERMINED TO BE.THE.BENEFITTED AREA, AND AUTHORIZING THE: ISSUANCE OF $305,000 SERIAL BONDS_ OF SAID TOWN TO FINANCE SAID APPROPRIATION Motion by Council man.Testa , Seconded by Councilman O'Donnell 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), proposes to construct water, improvements consisting of the construction: of a new 7,000 (approximately) foot water main from the intersection of Starr Road Extension from the point at which the Route 215 Water Tank transmission line is located at Saunders Road Extension, including buildings, land or rights in land, original furnishings, equipment, machinery, and apparatus required therefor (the "Water Improvement'), in, accordance with the plans now. -on file in the Office of the Town Clerk of the Town, at the estimated maximum cost of. $305,000, all within an unincorporated area of the Town outside of any villages, which area has been determined to. -be the benefitted area (herein referred. to as the "Benefitted Area"), pursuant to Article 12-C of the Town Law, in accordance with the plan, report and map prepared therefore by the Town Engineer (s), competent engineer(s) duly licensed by the State of New York, heretofore filed in the office of the Town Clerk for public inspection; and 11 1 1 OCTOBER 20, 1999 TOWN BOARD MEETING PAGE 11 WHEREAS, after a public hearing duly called and held, the Town Board of the Town determined that it is in the public interest to construct said Water Improvement, and ordered that such water improvement be constructed at the estimated maximum cost of $305,000; Now, therefore, be it RESOLVED BY THE TOWN BOARD OF THE TOWN OF CORTLANDVILLE, IN THE COUNTY OF CORTLAND, NEW YORK (by favorable vote of not less than two- thirds of all the members of said Town Board) AS FOLLOWS: Section 1. The Town hereby appropriates the amount of $305,000 for the construction of the Water Improvement, as described herein and in accordance with the plan, report and map on file in the office of the Town Clerk and heretofore approved by the Town Board of the Town. The estimated maximum cost of construction of said Water Improvement, including preliminary costs and costs incidental thereto and the financing thereof, of $305,000 which is planned to be financed by the issuance of serial bonds of the Town in the principal amount of $305,000 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 said Water Improvement, so much upon and from each as shall be in just proportion to the amount of benefit which the Water Improvement shall confer upon the same, to pay the principal of and interest on said bonds as the same shall become clue and payable. Section 2. Serial bonds of the Town in the principal amount of $305,000 are hereby authorized to be issued pursuant to the provisions of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (herein called "Law"), to finance said appropriation. Section 3. The following additional matters are hereby determined and declared: (a) The period of probable usefulness of said specific object or purpose for which the bonds authorized pursuant to this resolution are to be issued, within the limitations of Section 11.00 a. 1. of the Law, is forty (40) years. (b) The proceeds of the bonds herein authorized and any bond anticipation notes issued in anticipation of said bonds may be applied to reimburse the Town for expenditures made after the effective date of this resolution for the purpose for which said bonds are authorized. The foregoing statement of intent with respect to reimbursement is made in conformity with Treasury Regulation Section 1.150-2 of the United States Treasury Department. (c) Pursuant to the applicable provisions of the State Environmental Quality Act ("SEQRA"), the Town Board, acting in the role of Lead Agency, has determined, prior to the adoption of this Bond Resolution, that the project described herein will not result in any significant adverse environmental impact. (d) The proposed maturity of the bonds authorized by this resolution will exceed five (5) years. Section 4. Each of the serial bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds shall contain the recital of validity prescribed by Section 52.00 of the Law and said Bonds and any notes issued in anticipation of said bonds shall be general obligations of the Town, payable as to both principal and interest by general tax upon all the taxable real property within the Town without limitation of rate or amount. The faith and credit of the Town are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and any notes issued in anticipation of the sale of said bonds and provision shall be made annually in the budget of the Town by appropriation for (a) the amortization and redemption of the bonds and any notes in anticipation thereof to mature in such year and (b) the payment of interest to be due and payable in such year. i54 OCTOBER 20, 1999 TOWN BOARD MEETING I PAGE 12 Section 5. Subject to the provisions of this resolution and- of the Law and pursuant to the provisions of Section 2100 .relative to the authorization of .the issuance of bonds with substantially level of declining:annual= debt .service, Section 30.00 relative to the authorization of the issuance of bond anticipation notes and of Section 50.00 and Sections 56.00 to 60.00 of the Law, the powers and duties of the Town Board relative to authorizing bond anticipation notes and prescribing the terms, form and contents- and .as to the sale and issuance of the bonds herein authorized and of any bond anticipation notes issued in anticipation:of said bonds, and the renewals of said bond anticipation notes, are hereby delegated to the Supervisor, the chief fiscal officer of the Town. Section 6. The validity of the bonds authorized by this resolution and of any notes issued in anticipation of the sale of. said bonds, may be contested only if: (a) such obligations are authorized ,for an object or purpose for which the Town is not authorized to expend money, or (b) the provisions- of -law which should be complied with at the -date of the publication of such resolution, or a summary thereof, are not substantially complied with, and an action, suitor proceeding 1 contesting' such validity, is commenced within twenty days after the date of such publication;' or (c) such, obligations are authorized in violation of the provisions of the constitution. Section 7. This resolution shall take effect immediately. RESOLUTION #212' ADOPT BOND RESOLUTION OF THE TOWN OF CORTLANDVILLE, NEW-YORK, ADOPTED OCTOBER 20, 1999, APPROPRIATING $173,000 FOR THE CONSTRUCTION OF A WATER IMPROVEMENT WITHIN AN AREA OF THE TOWN OUTSIDE OF ANY VILLAGES; WHICH AREA HAS BEEN DETERMINED TO BE THE BENEFITTED AREA, AND AUTHORIZING THE ISSUANCE OF,$173,000 SERIAL BONDS OF SAID TOWN TO, FINANCE SAID APPROPRIATION Motion .by Councilman Rocco 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), proposes to construct water improvements consisting of water lines to -connect dead.end water lines at each end of Fisher Avenue in the Town, of Cortlandville; and, connecting Fisher Avenue with NYS Route 11 with a loop through the Cortland County Fairgrounds and Carroll Street, including buildings, land or rights in land, original furnishings, equipment, machinery, and apparatus required therefor (the "Water Improvement"), in accordance with the plans now on file in the. Office of the Town Clerk ,of,the Town, at the estimated maximum cost of $173,000, all within an unincorporated area of the Town outside of any villages, which area has been determined to be the benefitted area (herein referred to as the "Benefitted Area"), pursuant to Article 12-C of the Town Law, in accordance with the plan, report and map prepared therefor by the Town Engineer(s); competent engineer(s) duly licensed by the State of New York, heretofore: filed -in the office of the Town Clerk for public inspection; and WHEREAS, after a public hearing duly called and. held, the Town`.Board of the Town determined that it- is in the public interest, to construct said Water Improvement, and ordered that such water improvement be constructed at the estimated, maximum cost of $173,000; Now, therefore, be it I - RESOLVED BY THE TOWN BOARD OF THE TOWN OF CORTLANDVILLE, IN THE COUNTY OF CORTLAND, NEW YORK (by favorable vote of not less than two- thirds of all the members of said Town Board) AS FOLLOWS: Co OCTOBER 20, 1999 TOWN BOARD MEETING PAGE 13 Section 1. The Town hereby appropriates the amount of $173,000 for the construction of the Water Improvement, as described herein and in accordance with the plan, report and map on file in the office of the Town Clerk and heretofore approved by the Town Board of the Town. The estimated maximum cost of construction of said Water Improvement, including preliminary costs and costs incidental thereto and the financing thereof, of $173,000 which is planned to be financed by the issuance of serial bonds of the Town in the principal amount of $173,000 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 said Water Improvement, so much upon and from each as shall be in just proportion to the amount of benefit which the Water Improvement shall confer upon the same, to pay the principal of and interest on said bonds as the same shall become due and payable. Section 2. Serial bonds of the Town in the principal amount of $173,000 are hereby authorized to be issued pursuant to the provisions of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (herein called "Law"), to finance said appropriation. Section 3. The following additional matters are hereby determined and declared: (a) The period of probable usefulness of said specific object or purpose f or which the bonds authorized pursuant to this resolution are to be issued, within the limitations of Section 11.00 a. 1. of the Law, is forty (40) years. (b) The proceeds of the bonds herein authorized and any bond anticipation notes issued in anticipation of said bonds may be applied to reimburse the Town for expenditures made after the effective date of this resolution for the purpose for which said bonds are authorized. The foregoing statement of intent with respect to reimbursement is made in conformity with Treasury Regulation Section 1.150-2 of the United States Treasury Department. (c) Pursuant to the applicable provisions of the State Environmental Quality Act ("SEQRA"), the Town Board, acting in the role of Lead Agency, has determined, prior to the adoption of this Bond Resolution, that the project described herein will not result in any significant adverse environmental impact. (d) The proposed maturity of the bonds authorized by this resolution will exceed five (5) years. Section 4. Each of the serial bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds shall contain the recital of validity prescribed by Section 52.00 of the Law and said Bonds and any notes issued in anticipation of said bonds shall be general obligations of the Town, payable as to both principal and interest by general tax upon all the taxable real property within the Town without limitation of rate or amount. The faith and credit of the Town are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and any notes issued in anticipation of the sale of said bonds and provision shall be made annually in the budget of the Town by appropriation for (a) the amortization and redemption of the bonds and any notes in anticipation thereof to mature in such year and (b) the payment of interest to be due and payable in such year. Section 5. Subject to the provisions of this resolution and of the Law and pwsuant to the provisions of Section 21.00 relative to the authorization of the issuance of bonds with substantially level or declining annual debt service, Section 30.00 relative to the authorization of the issuance of bond anticipation notes and of Section 50.00 and Sections 56.00 to 60.00 of the Law, the powers and ditties of the Town Board relative to authorizing bond anticipation notes and prescribing the terms, form and contents and as to the sale and issuance of the bonds herein authorized and of any bond anticipation notes issued in anticipation of said bonds, and the renewals of said bond anticipation notes, are hereby delegated to the Supervisor, the chief fiscal officer of the Town. Section 6. The validity of the bonds authorized by this resolution and of any notes issued in anticipation of the sale of said bonds, may be contested only if: (a) such obligations are authorized for an object or purpose for which the Town is not authorized to expend money, or (b) the provisions of law which should be complied with at the date of the publication of such resolution, or a summary thereof, are not substantially complied with, b6 OCTOBER 20, 1999 TOWN BOARD MEETING 1.PAGE 14 and an action, suit or proceeding contesting such validity, is commenced within twenty . days after the date of :such publication, or (c) such obligations are authorized in :violation of the provisions of the constitution.. Section 7. This resolution shall take effect immediately. RESOLUTION #213 ADOPT BOND1RESOLUTION OF THE TOWN OF CORTLANDVILLE, NEW YORK; ADOPTED OCTOBER 20, 19,99, APPROPRIATING $75,000 FOR THE CONSTRUCTION OF A SEWER IMPROVEMENT WITHIN AN AREA OF THE TOWN OUTSIDE OF ANY VILLAGES; WHICH AREA HAS BEEN DETERMINED TO BE THE BENEFITTED:AREA, AND AUTHORIZING THE ISSUANCE OF $75,000 SERIAL BONDS OF SAID TOWN TO FINANCE SAID APPROPRIATION Motion by Councilman.0'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); proposes to construct an extension of existing sewer facilities commencing:. at. a manhole located near the eastern end of Fisher Avenue and extending: approximately.11.40 feet westerly together with a 160 foot sewer extension southward from Fisher. Avenue along Fairgrounds Drive, including buildings, -land or rights in land; -original furnishings, equipment, machinery, and apparatus required therefor (the "Sewer Improvement"), in accordancewith the plans now.on file in the Office of the Town Clerk of the -Town,. -at the estimated maximum cost of $75,000, all within an unincorporated. area of the Town outside of any villages, which area -has-been determined to be the benefitted:area (herein referred to as -the "Benefitted' Area"), pursuant to Article 12-C of the Town Law, in accordance -with the plan, report -and- map prepared therefor by the Town Engineer(s);, competent engineer(s) duly licensed by the State of New York, heretofore filed in the office of the Town Clerk for public inspection; and WHEREAS, after° a public hearing duly called and held, the Town Board of the Town determined. that it is in the .public -interest to construct said, Sewer Improvement, and ordered that such sewer improvement .be constructed. at the estimated maximum cost of $75,000, Now,:therefore, be it RESOLVED. BY THE TOWN .BOARD OF THE, TOWN OF CORTLANDVILLE, IN THE COUNTY OF CORTLAND, NEW:YORK (by favorable vote .of not less than two-. thirds of all the members of said Town Board) AS FOLLOWS: Section 1. The Town hereby appropriates the amount of $75,000 for the construction of the .Sewer Improvement, as described herein,and in accordance with the plan, report and map on file in the office of the Town Clerk and heretofore approved by the Town Board of theTown. The estimated maximum cost of construction -of said Sewer Improvement, including preliminary- costs and costs incidental thereto and: the financing thereof, of $75,000 which is planned W.be financed by the issuance of serial bonds of the Town in the .principal , amount of..$7.5,000 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 said Sewer Improvement, so much upon and from each as shall be in just proportion to the amount of benefit which the Sewer Improvement shall confer upon the same, to pay the principal of and interest on said bonds as the same shall become due and payable. Section 2. Serial bonds of the Town in the principal amount of $75,000 are hereby authorized to be. issued pursuant to the provisions of the Local Finance Law, constituting Chapter 33-a of the. Consolidated Laws of the State of New York (herein called "Law"), to finance said appropriation. 1 Section 3. The following additional matters are hereby determined and declared: 7 OCTOBER 20, 1999 TOWN BOARD MEETING PAGE 15 (a) The period of probable usefulness of said specific object or purpose for which the bonds authorized pursuant to this resolution are to be issued, within the limitations of Section 11.00 a. 1. of the Law, is forty (40) years. (b) The proceeds of the bonds herein authorized and any bond anticipation notes issued in anticipation of said bonds may be applied to reimburse the Town for expenditures made after the effective date of this resolution for the purpose for which said bonds are authorized. The foregoing statement of intent with respect to reimbursement is made in conformity with Treasury Regulation Section 1.150-2 of the United States Treasury Department. (c) Pursuant to the applicable provisions of the State Environmental Quality Act ("SERAA"), the Town Board, acting in the role of Lead Agency, has determined, prior to the adoption of this Bond Resolution, that the project described herein will not result in any significant adverse environmental impact. (d) The proposed maturity of the bonds authorized by this resolution will exceed five (5) years. Section 4. Each of the serial bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds shall contain the recital of validity prescribed by Section 52.00 of the Law and said Bonds and any notes issued in anticipation of said bonds shall be general obligations of the Town, payable as to both principal and interest by general tax upon all the taxable real property within the Town without limitation of rate or amount. The faith and credit of the Town are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and any notes issued in anticipation of the sale of said bonds and provision shall be made annually in the budget of the Town by appropriation for (a) the amortization and redemption of the bonds and any notes in anticipation thereof to mature in such year and (b) the payment of interest to be due and payable in such year. Section 5. Subject to the provisions of this resolution and of the Law and pursuant to the provisions of Section 21.00 relative to the authorization of the issuance of bonds with substantially level or declining annual debt service, Section 30,00 relative to the authorization of the issuance of bond anticipation notes and of Section 50.00 and Sections 56.00 to 60.00 of the Law, the powers and duties of the Town Board relative to authorizing bond anticipation notes and prescribing the terms, form and contents and as to the sale and issuance of the bonds herein authorized and of any bond anticipation notes issued in anticipation of said bonds, and the renewals of said bond anticipation notes, are hereby delegated to the Supervisor, the chief fiscal officer of the Town. Section 6. The validity of the bonds authorized by this resolution and of any notes issued in anticipation of the sale of said bonds, may be contested only if: (a) such obligations are authorized for an object or purpose for which the Town is not authorized to expend money, or (b) the provisions of law which should be complied with at the date of the publication of such resolution, or a summary thereof, are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or (c) such obligations are authorized in violation of the provisions of the constitution. Section 7. This resolution shall take effect immediately. RESOLUTION #214 ADOPT BOND RESOLUTION OF THE TOWN OF CORTLANDVILLE, NEW YORK, ADOPTED OCTOBER 20, 1999, APPROPRIATING $200,000 FOR THE CONSTRUCTION OF A WATER IMPROVEMENT WITHIN AN AREA OF THE TOWN OUTSIDE OF ANY VILLAGES, WHICH AREA HAS BEEN DETERMINED TO BE THE BENEFITTED AREA, AND AUTHORIZING THE ISSUANCE OF $200,000 SERIAL BONDS OF SAID TOWN TO FINANCE SAID APPROPRIATION Motion by Councilman Rocco Seconded by Councilman Testa NOTES: ALL AYE ADOPTED 158 OCTOBER 20, 1999 TOWN BOARD MEETING . PAGE 16 WHEREAS, the Town Board .of the- Town of Cortlandville, in the County of Cortland, New York (herein called "Town Board" and. "Town",respectively), proposes to construct water improvements along Route 13 ' in the, -Town, consisting , of the 'installation of approximately 1600 feet of 6-inch watermain, the replacement of 2G existingwater, service connections with approximately 1500 feet of cooper service line;, including buildings, land or rights . in land, original :furnishings;..equipment, machinery, and.. apparatus .required therefor (the "Water Improvement"). in accordance with the plans -now on file in the Office of the Town Clerk of the Town, at the estimated maximum cost of $200,000, all within the unincorporated area of the Town outside of any villages, which area has been determined to be the benefitted area (herein referred to as the " Benefitted' Area"),' pursuant to Article . 12-C of the Town Law, in accordance with the plan, report and map prepared therefor by the Town Engineer(s), competent engineers) duly , licensed by the: State, of t. New York, heretofore filed in theoffice. of the Town Clerk for public inspection-, "and , . WHEREAS, after a public hearing duly called and held, the Town Board of the Town determined that it is in the public interest to construct said Water Improvement, and ordered that such water improvement .be constructed at the estimated maximum � cost of $200,000;. - Now, therefore, be it RESOLVED BY THE TOWN BOARD .OF THE TOWN. OF, CORTLANDVILLE, IN THE COUNTY OF CORTLAND, NEW YORK (by favorable.vote of not less thantwo- thirds of all the ,members of said Town: Board) AS FOLLOWS: Section 1. The Town hereby appropriates the amount of $200,000 forthe construction of the Water Improvement, as described herein and in accordance with the plan, report and map on file in the office of the, Town Clerk and heretofore approved by the Town Board of the Town. The estimated maximum cost of construction of said Water Improvement, including preliminary costs - and costs, incidental thereto and the financing thereof, is $200,000 which is planned to be financed: by the issuance. of serial bonds of the Town in the principal amount of $200,000 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 said Water Improvement, so much upon and from each as shall be in justproportion to the amount of- benefit which the Water Improvement shall confer upon the same;.to pay the principal of `and interest on said bonds as the same shall become due and payable. Section 2. Serial_ bonds of the Town in the principal amount of $200,000 are hereby authorized to be issued pursuant to the provisions of the Local Finance Law, constituting Chapter 33-a of : the Consolidated Laws of the State . of New York (herein called "Law"), to finance said appropriation. Section 3. The following additional matters are -hereby determined and declared: (a) The period of probable usefulness of said specific object or purpose for which the bonds authorized pursuant to this resolution are lo= be issued, within the limitations of .Section 11.00 a. 1. of the Law, is forty (40) years. (b) The proceeds of the bonds herein authorized and any bond anticipation notes issued in anticipation of said bonds may be applied to reimburse the Town for expenditures made after the effective date of this resolution for the purpose for which said bonds are authorized. The foregoing statement of intent with respect to reimbursement is made in conformity with Treasury Regulation Section: 1.150-2 of the United States Treasury Department. I. (c) Pursuant to the applicable provisions of the State Environmental Quality Act ("SEQRA" ); the Town Board, acting in the role of Lead Agency, has determined, prior to the adoption of this Bond Resolution, that the project described herein will not result in any significant adverse environmental.impact. (d) The proposed maturity if: the bonds authorized by this resolution will exceed five (5) years. 11J OCTOBER 20, 1999 TOWN BOARD MEETING PAGE 17 Section 4. Each of the serial bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds shall contain the recital of validity prescribed by Section 52.00 of the Law and said Bonds and any notes issued in anticipation of said bonds shall be general obligations of the Town, payable as to both principal and 'interest by general tax upon all the taxable real property within the Town without. limitation of rate or amount. The faith and_ credit of the Town are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and any notes issued in anticipation of the sale of said bonds and provision shall be made annually in the budget of the Town by appropriation for (a) the amortization and redemption of the bonds and any notes in anticipation thereof to mature in such year and (b) the payment of interest to be due and payable in such year. Section 5. Subject to the provisions of this resolution and of the Law and pursuant to the provisions of Section 21.00 relative to the authorization of the issuance of bonds with substantially level or declining annual debt service, Section 30.00 relative to the authorization of the issuance of bond anticipation notes and of Section 50.00 and Sections 56.00 to 60.00 of the Law, the powers and duties of the Town Board relative to authorizing bond anticipation notes and prescribing the terms, form and contents and as to the sale and issuance of the bonds herein authorized and of any, bond anticipation notes issued in anticipation of said bonds, and the renewals of said bond anticipation notes, are hereby delegated to the Supervisor, the chief fiscal officer of the Town. Section 6. The validity of the bonds authorized by this resolution and of any notes issued in anticipation of the sale of said bonds, may be contested only if: (a) such obligations are authorized for an objector purpose for which the Town is not authorized to expend money, or .(b) the provisions of law which should be complied with at the date of the publication of such resolution, or a summary thereof, are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or (c) such obligations are authorized in violation of the provisions of the constitution. Section 7. This resolution shall take effect immediately. Attorney Fohmer apprised the Board that the two requests from the bookkeeper regarding transfer of funds, is subject to permissive referendum. RESOLUTION #215 AUTHORIZE SUPERVISOR TO TRANSFER $27,000 .FROM THE HIGHWAY EQUIPMENT CAPITAL RESERVE FUND TO REIMBURSE THE HIGHWAY FUND FOR COSTS OF THE TOWN'S SHARE OF THE TUB GRINDER r (1 Motion by Councilman Pilato Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED WHEREAS, as per Resolution #99 of 1997, the Town agreed to share the cost of purchasing a tub grinder with the City of Cortland and the Village of Homer, and WHEREAS, the bookkeeper has requested the transfer of funds from the Highway Equipment Capital Reserve Fund to the Highway Fund for the town's share of the purchase of the tub grinder, therefore BE IT RESOLVED, the Supervisor is hereby authorized and directed to -transfer $27,000 from the Highway Equipment Capital Reserve Fund to the Highway Fund for reimbursement of said Town purchase, and it is further RESOLVED, that this resolution is adopted subject to Permissive Referendum as required by law. 160 OCTOBER 20, 1999 TOWN BOARD MEETING PAGE 18 RESOLUTION #216 ?r�9� AUTHORIZE SUPERVISOR, TO TRANSFER $25,000 FROM THE SEWER FUND SURPLUS TO THE CAPITAL PROJECT FUND FOR COSTS OF SEWER REPAIRS ALONG NYS ROUTE' 13 SUBJECT TO PERMISSIVE Motion by Councilman O'Donnell �►�`���� Seconded by Councilman Pilato VOTES: ALL AYE ADOPTED WHEREAS, the bookkeeper has requested a cash advance be transferred from the Sewer Fund Surplus to the Capital Project Fund, for sewer repairs:along NYS Route,13, therefore BE IT RESOLVED, the Supervisor is hereby authorized and;directed to:transfer $25,000 from the town's Sewer Fund Surplus to the Capital Project Fund, and -it is further RESOLVED, the town Sewer Fund Surplus., will be reimbursed by. the Sewer Improvement Capital Reserve Fund, and it is further, - RESOLVED, that this resolution is adopted subject to Permissive Referendum as -required by law. Attorney Folmer requested to be excused to attend Solon Town Court to visit Town Justice, John Stafford. This is Mr. Stafford's last court night before his retirement at the end of October. Adding Mr. Stafford is also a Cortlandville town employee. Town Clerk, Karen Snyder; apprised the Board of the surprise retirement party for John Stafford on October 23rd, 1999. , Anyone wishing to, may .purchase tickets from Peggie Petrie or Lonna Maxon here at the town -hall. :. Supervisor Thorpe read 4 'request, prepared by Town. Clerk, Karen Snyder, to recommend an increase in the hourly rate for the town's election inspectors. RESOLUTION #217 AMEND RESOLUTION #12 OF 1999 HOURLY WAGE FOR CORTLANDVILLE ELECTION INSPECTORS Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE ADOPTED WHEREAS, per Resolution #12 of ' 1999 the Town Board set the pay scale for those Election Inspectors appointed by the County Board of Elections for the year 1999, and WHEREAS, notification was received from the County Board. of Elections regarding the hourly pay scale for Election Inspectors in the surrounding municipalities, and WHEREAS, a request was made by the Town Clerk to increase thehourly wage of the Election Inspectors appointed to work within the Town, to keep in line with other area municipalities, therefore BE IT RESOLVED, the Town Board does hereby amend Resolution #12 of 1999 hourly wages of said Election Inspectors for the Town of Cortlandville, and it is further RESOLVED, the hourly wage shall be increased. to $6.00 per hour plus an additional $7.00 per day for the chairman's, and it is further RESOLVED, this increase shall. be effective immediately with the November 2, 1999 General Election. 16 OCTOBER 20, 1999 TOWN BOARD MEETING PAGE 19 RESOLUTION #218 AUTHORIZE WAIVER OF BUILDING PERMIT FEE FOR THE CORTLAND COUNTY SPCA FOR THEIR LOCATION AT 879 MCLEAN ROAD Motion by Councilman Testa Seconded by Councilman Pilato VOTES: ALL AYE. ADOPTED WHEREAS, a request was received from the Cortland County SPCA to waive their a building permit fee for their proposed addition at 879 McLean Road, therefore BE IT RESOLVED, the Board does hereby authorize the request. RESOLUTION#219 REFER CODE VIOLATION OF KARL OCHS OF 3877 LUKER ROAD, TO TOWN ATTORNEY FOR REVIEW AND PROCEED AS REQUIRED Motion by Councilman Pilato Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, the code violation for property owned by Karl Ochs at .3877 Luker Road, Cortland, NY is hereby referred to the Town Attorney for review and direct him to proceed for compliance, as required. Highway Supt, Carl Bush, inquired into internet access to aid with weather conditions. A discussion was held regarding different internet companies. RESOLUTION #220 AUTHORIZE HIGHWAY SUPERINTENDENT'S APPLICATION TO CLARITY CONNECT'S INTERNET SERVICE EXCLUSIVELY FOR WEATHER REPORTS Motion by Councilman Pilato Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED WHEREAS, the Highway Superintendent has requested connection to the internet to be utilized at the Town Highway Garage for -weather reports, and WHEREAS, upon investigation, the cost of Clarity Connect will be $183.60 per year with a one time $25.00 connection fee, therefore BE IT RESOLVED, the Highway Supt. is hereby authorized and directed to apply to Clarity Connect's Internet service, exclusively for weather reports at the Town's highway garage. Councilman Pilato made a motion, seconded by Councilman O'Donnell, to adjourn the regular meeting. All voting aye, the motion as carried. The meeting was adjourned at 6:15 p.m. Respectfully submitted, K en Q. Snyder Town Clerk Town of Cortlandville