Loading...
HomeMy WebLinkAbout09-21-19941 1 1 Wednesday, September 21, 1994 5:00 P.M. TOWN BOARD MEETING The Regular Meeting of the Town Board of the Town of Cortlandville was held at 5:00 p.m. at the Town Hall, 3577 Terrace Road, Cortland, New York with Supervisor, Raymond Thorpe presiding. Members present: Supervisor, Raymond Thorpe Councilman, Theodore Testa Councilman, Edwin O'Donnell Councilman, Ronal Rocco Town Clerk, Pauline Parker Absent: Councilman, John Pilato Others present were: Town Attorney, John Folmer; Town Assessor, David Briggs; Town Typist, Edna Puzo; Attorney, Don Armstrong with John Congdon; Town resident, Richard Crozier and NYS Assemblyman Candidate, Wilson Kohn; News reporter, Doug Borrelli; and many Town residents from the Blodgett Mills area. The Meeting was called to order by Supervisor, Raymond Thorpe at 5:00 p.m. RESOLUTION #152 AUTHORIZE PAYMENT OF VOUCHERS SEPTEMBER Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, that the vouchers submitted have been audited and shall be paid as follows: General Fund A Vouchers #346 - 358 $7,629.45 General Fund B 74 - 75 $ 170.19 Highway Fund DA 1 $3,641.76 Highway Fund DB 368 - 377 $1,047.57 Water Fund 220 - 231 $1,618.98 Sewer Fund 103 - 109 $ 735.37 Capital Projects 22 $ 82.50 Reports of the departments of Zoning, Town Justice and Town Clerk, are on the table for review, and are available for inspection, upon request, in the Town Clerk's office. Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and file a news letter from the NYS Department of Transportation. All voting aye, the motion was carried. They advised that two additional Stop Signs will be installed at the intersection of Route 215 and Starr Road on Tuesday, September 27, 1994. This will make the intersection an "All Way Stop" required. Town Board members discussed the many times and number of years gone by, that we have made a request to NYS DOT, advising them of the concerns at that location. Supervisor Thorpe offered Privilege of the Floor to those in attendance from the Blodgett Mills area. 262 SEPTEMBER 21, 1994 TOWN BOARD MEETING PAGE 2 Supervisor Thorpe apprised the Board that there are several problems in the Blodgett Mills area that are unacceptable. Junk cars; an absentee landlord allowing many to reside in a house that the request for a multi- dwelling permit was denied by the Town Planning Board in the past; and others. A discussion was held by those in attendance explaining the above mentioned and additional complaints were heard concerning new residents at a private residence hosting nightly bonfires with loud music, that last into the morning hours. Another resident is working on cars until early morning hours. Cars are parked everywhere. Supervisor Thorpe stated that it needs to be determined if these are code violations before any action can be taken. He will schedule a meeting with the Town Code Enforcement Officer and Town Attorney to discuss what can be done. Attorney Folmer reported that he had a call today stating some of these concerns. He tried to call the Code Officer, but did not reach him. He stated that he would go to the area tomorrow to look at the situation, and would proceed from there. Is it a County Health Dept. problem or Town Codes, or both. Residents in attendance commended the Town Board for their response to their concerns in the past. Accomplishing the "clean-up" of a local business there has improved the area. They are hoping tonight's concerns can be accomplished also. Mr. Wilson Kohn introduced himself to the Town Board as the State Assemblyman candidate in the 1995 election. If elected, he would represent the Town of Cortlandville. Town Board members thanked Mr. Kohn for visiting the Town and wished him well in his pursuit. Town Assessor, David Briggs, spoke to the Town Board about amending the status for Aged Exemptions for Town residents. The state has changed the procedure to accomplish this. It can no longer be amended by Resolution. It now requires a Local Law. Because of set time restraints, this would not affect the 1995 Tax Roll. Cortland County plans to amend their base limit to equal the State, and he recommended the Town adopt the same. The impact would be very small for Town residents and would allow eligibility for many of the Town aged. A Public Hearing will be scheduled later. Other information was received recently from the State which pertained to Veterans Exemptions. Assessor Briggs reviewed the program. He advised most Veterans would leave their status as is, and not change as the State now allows. He will research this further. Town Clerk, Pauline Parker, advised Board members of a "New Futures '94, Local Government Forum" to be held October 01, 1994 at Tompkins Cortland Community College. This format for this seminar includes all departments of municipal government. Attendance was encouraged. Attorney Folmer reported: As requested, a sample of a "mowing ordinance" will be distributed at the next meeting for review. 263 SEPTEMBER 21, 1994 TOWN BOARD MEETING PAGE 3 Per Item I-8 on the agenda, he advised John Congdon that he would need the information necessary to prepare a Legal Notice, if a Public Hearing is to be scheduled for the next meeting concerning his Aquifer Permit application. A discussion was held concerning this. RESOLUTION #153 SET DATE FOR A PUBLIC HEARING OF JOHN CONGDON SPECIAL AQUIFER PERMIT Motion by Councilman O'Donnell Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED WHEREAS, an application for an Aquifer Special Permit has been submitted by Mr. John Condgon, for construction of a new structure on his property at 3845 West Road, and was forwarded to the Town and County Planning Boards for their review and recommendations, therefore BE IT RESOLVED, a Public Hearing shall be scheduled for October 05, 1994 at 7:15 p.m., as required. Attorney Folmer reported: Polkville: Noise Ordinance relating to trucks There are specific provisions in the New York State Vehicle and Traffic Law which states specific noise levels for trucks, if left idling. It also indicates that enforcement of the law is limited to a state agency or the State Police in our area. There is another law which pertains to the length of time that a truck can be left idling. He has requested this information, and will review and advise. when received. Certiorari Proceedings Filed with Town: Smith Corona, Friendly's and NYNEX The Supreme Court has put on hold until a discovery process is completed. This is initiated by the people who are seeking review of their assessments. He is reviewing NYNEX with the Assessor. Blodgett Mills Railroad: Nothing to report. Advised'to patiently wait for the Judge's decision. South Hill Dump: Nothing to report. Information was sent to Albany, as requested, a few months ago. Local Law: Aged Exemptions He will draft a Local Law, for review, and distribute at next meeting. Early next year is time enough. Councilman Rocco made a motion, seconded by Councilman Testa, the receive and file a letter received from the Village of Homer reporting of a meeting held to discuss Sales Tax distribution relating to the City of Cortland wanting the formula changed. All voting aye, the motion was carried. A discussion was held concerning this. No action was taken. 2.6 4 SEPTEMBER 21, 1994 TOWN BOARD MEETING PAGE 4 RESOLUTION #154 RECEIVE AND REFER PETITION TO LOWER SPEED LIMIT ON HIGHLAND ROAD TO THE 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 the residents of Highland Road, requesting the speed limit be lowered to 30 mph, due to excessive speeding in the area, and WHEREAS, Highland Road is designated as a Town Road, therefore BE IT RESOLVED, the Town Board shall hereby acknowledge such petition, and shall receive and file, and forward the petition to the County Highway Superintendent, for review and recommendation, and then forwarded to the New York State Department of Transportation, for review and approval. Supervisor Thorpe reported that he had received a complaint from a resident concerning a vacant lot not being mowed in a residential area. This same complaint has been made several times in the past. He has requested the attorney to provide a sample copy for review. This would not apply to agriculture zoned areas. He has reported that this is forthcoming. No action was taken. RESOLUTION #155 ADOPT ORDER PURSUANT TO TOWN LAW SECTION 209-q (3) FOR THE NYS ROUTE 222 WATER PROJECT, SUBJECT TO TOWN ENGINEER APPROVAL, AND SET DATE FOR A PUBLIC HEARING AND DIRECT TOWN ATTORNEY TO PUBLISH LEGAL NOTICE 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 establishment of a water improvement project for the Cortlandville area of Route 222 between Lyncourt Drive and NYS Route 281 and designated, Route 222 Water Improvement Project - 1994, as required by Section 209-q and 209-c of the Town Law; and WHEREAS, the proposed improvement consists of the construction of an extension to existing water mains in a westerly direction along Route 222 for a distance of approximately 7400 feet to provide service for additional residential and commercial residents of said area in accordance with the said plans now on file in the office of the Town Clerk of the Town of Cortlandville; and WHEREAS, the maximum amount proposed to be expended for said improvement is $304,000.00; and WHEREAS, the proposed method of financing of said improvement is by the issuance of bonds of the Town of Cortlandville in the principal sum of $304,000.00; all future costs including the repayment of the principal 1 1 26.5 SEPTEMBER 21, 1994 TOWN BOARD MEETING PAGE 5 and interest of such bonds 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 of 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 hereby proposed that all lots or parcels of the Town of Cortlandville outside of Villages, capable of being serviced by the "Sewer Article 12-C" Sewer Improvements heretofore and hereafter provided, are lots or parcels benefitted by the proposed sewer improvement; and the cost of the proposed sewer project and all previous improvements shall be spread upon and over the enlarged benefitted area, all of such improvements constituting one water system. The following parcels designated on the 1989 Cortland County Real Property Tax Maps as Cortlandville tax parcels, will be benefitted by the said improvement as will those parcels previously identified by action of the Town Board as benefitted by previously authorized and constructed water improvements. TAX MAP PARCEL NUMBERS: 86.13-01-37.2, 86.13-01-38, 86.13-01-37.1, 86.13-01-41, 86.13-01-42, 86.13-01-43, 86.13-01-44, 86.13-01-46, 86.13-01-45, 85.20-01-19, 85.20-01-20, 85.20-01-11, 85.20-01-12, 85.20-01-13, 85.20-01-14, 85.20-01-15, 85.20-01-16, 85.20-01-17, 85.20-01-36, 85.20-01-18, 85.20-01-37, 95.00-03-01, 95.00-04-32, 95.00-04-23, 95.00-04-14, 95.00-04-33, 95.00-05-15, 95.00-05-01, 95.00-05-02, 85.16-02-05, 85.16-02-10, 85.16-02-09, 85.16-02-08, 85.16-02-07, 85.16-02-06, 95.06-01-01, 95.06-01-02. WHEREAS, it is further proposed 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 water rates, charges and fees upon all lots or parcels heretofore and hereafter serviced by Town Law Article 12-C Water Improvements; and WHEREAS, a short form Environmental Assessment Form has been prepared pursuant to the State Environmental Quality Review Act, and is available for review by the public at the Cortlandville Town Hall; IT IS HEREBY ORDERED, that a meeting of the Town Board of the said Town of Cortlandville shall be held at the Town Hall, 3577 Terrace Road, Cortland, New York on the 5th day of October, 1994 at 7:30 p.m. o'clock in the evening of that day to hear all persons interested in the proposed water improvement, and for such other action of said Town Board with relation to the said water improvement as may be required by law or be deemed proper. Councilman Testa made a motion, seconded by Councilman Rocco, to recess the regular meeting and convene to an executive session in the matter of a personnel problem. All voting aye, the motion is carried. 266 SEPTEMBER 21, 1994 TOWN BOARD MEETING PAGE 6 The following information was received from the Supervisors office. Councilman Testa made a motion, seconded by Councilman O'Donnell, to adjourn the executive session and reconvene to the regular meeting. All voting aye, the motion was carried. No action was taken. Councilman O'Donnell made a motion, seconded by Councilman Testa, to adjourn the regular meeting. All voting aye, the motion was carried. The meeting was adjourned at 6:05 p.m. c Resp ctfu ly sub fitted, x, Pauline H. Parker, CMC Town Clerk Town of Cortlandville 1