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JUNE 21, 1995
TOWN BOARD MEETING
5:00 P.M.
The Regular Town Board Meeting of the Town of
Cortlandville was held at 5:00 p.m. 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
Town Clerk, Pauline Parker
Absent: Councilman, John Pilato
Others present were: Town Attorney, John Folmer;
Highway Supt., Carl Bush, many residents of Westmore
Lane and officials of Cortland County Chapter of NYSARC
Inc, and News Reporter, Lisa Hutchurson.
Supervisor Thorpe called the meeting to order at
5:00 p.m.
Councilman O'Donnell made a motion, seconded by
Councilman Rocco, to receive and file the Cortlandville
Zoning Board of Appeals Minutes of April 25, 1995 and
May 30, 1995. All voting aye, the motion was carried.
RESOLUTION #125 AUTHORIZE PAYMENT OF VOUCHERS
Motion by Councilman Rocco
Seconded by Councilman O'Donnell
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, that the vouchers submitted have been
audited and shall be paid as follows:
General Fund A
Vouchers #253
- 268
$
12,319.27
General Fund B
65
- 75
$
3,091.82
Highway Fund DB
215
- 237
$
49,357.16
Water Fund
143
- 158
$
7,673.07
Sewer Fund
77
- 82
$
1,413.21
Capital Projects
25 -
32
$124,433.24
RESOLUTION #126 AUTHORIZE HIGHWAY SUPERINTENDENT
TO USE BULLDOZER AT THE LIME
HOLLOW NATURE CENTER
Motion by Councilman Rocco
Seconded by Councilman O'Donnell
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, Highway Superintendent, Carl Bush, is
hereby authorized to use the Town bulldozer to assist
those at the Lime Hollow Nature Center.
Councilman O'Donnell requested privilege of the
floor. He reported that he attended the board meeting
of the Village of McGraw, as requested, regarding the
Bennett Street bridge. He advised their Board that we
would be willing to work with them, however they need to
make the decision regarding the bridge.
Joe Eggleston, Engineer for the County Highway
Dept. and Dave Plew, County Legislator, were also
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JUNE 21, 1995 TOWN BOARD MEETING PAGE 2
present. Mr. Eggleston had with him a copy of a
resolution dated 1994, stating the responsibility for
repair of the bridge would be: 75% County and 250
Town.
The residents of McGraw presented a petition to the
Village Board, which included 500 signatures, requesting
they "save the bridge."
Mr. Eggleston stated that studies have been made
and they have determined it would be more cost effective
to construct a new bridge down stream. At and near the
present site is all bedrock. By the end of 1995 the
existing bridge will be dismantled. The involved
municipalities will need to decide what needs to be
considered for the 1996 budget.
Councilman O'Donnell will continue to attend their
meetings and report back to the Town Board.
A discussion was held by the Town Board concerning
the placement of the bridge. It was a consensus of the
Board that the location of the bridge should be changed
for public safety, as well as cost.
Councilman Rocco made a motion,
Councilman O'Donnell., to receive and file a
June 8, 1995, from Karen Hempson, regarding
group home placement on Westmore Lane. All
the motion was carried.
The letter was from residents
expressing their appreciation to
their thorough consideration given
residents presented concerning the
Home.
seconded by
letter dated
the proposed
voting aye,
of Westmore Lane
the Town Board for
to the issues the
proposed ARC Group
The 1995 Annual Tax Collector's report was
submitted for review and is available, upon request, in
the Town Clerk's office.
RESOLUTION #127 ACKNOWLEDGE ANNUAL TAX COLLECTORS
REPORT FOR THE YEAR OF 1995
Motion by Councilman O'Donnell
Seconded by Councilman Rocco
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby acknowledge
receiving the Tax Collectors report for the year of
1995, and shall be received and filed.
Councilman Rocco made a motion, seconded by
Councilman Testa, to receive and file a copy of the
letter dated June 9, 1995, Attorney Folmer sent to
Attorney Charles E. Schafer, regarding the request of
John Buck for compensation of sewer lines in the
Polkville area. All voting aye. the motion was
carried.
The letter advised that the Town Board does not
compensate for construction costs of sewer lines to
private property, or for development projects.
Councilman Rocco made a motion, seconded by
Councilman Testa, to receive and file the letter
received from NYS DOT notifying that they received our
request to reduce the speed limit on McLean Road, and
the optional procedure available to accomplish this. All
voting aye, the motion was carried.
A discussion was held relating to their new
procedure and the Boards frustration.
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JUNE 21, 1995 TOWN BOARD MEETING
PAGE 3
Attorney Folmer reported on the following:
Bond Resolution notices were posted in the Cortland
Standard for the five improvement projects under motion
at the present time. This publication starts a 20 day
waiting period, which allows for public input. He will
forward the affidavit of publication to Bond Council in
New York.
He is waiting for the return of the final paper
work from Bond Council in New York to execute the
is B.A.N.'s that expire soon.
Attorney Folmer reported to the Board, and those in
attendance, regarding the proposed ARC Group Home to be
located on Westmore Lane. He has reviewed the procedure
for this type project and has investigated what was
reported at the informational meeting.
Legislation has been set by the State to provide
and notify involved agencies, to allow cooperation of
all involved, for placement of these homes within a
community, as they are needed and necessary. He has
examined thirty decisions, of various courts in the
State, regarding the objection to the site location.
Twenty eight of these decisions were sustained by both
the trial -and Appellate Court. For the Westmore Lane
proposal, public safety, and sewage disposal issues were
raised. One other site proposal, with similar issues,
was upheld, because it did not provide actual
documentation. Attorney Folmer reported that during
further researching of the Westmore Lane proposal, many
facts stated were misleading. Mr. Newvine stated at the
previous Town Board Meeting, the ARC Group Home was to
be evicted from the Court Street property. Mr.
Attleson, the property owner of the Court Street
property, has provided information which contradicts
this. It was explained.
If this Board chooses to appeal this site location,
using the public safety and sewage issues, he felt our
chances to accomplish, were slim to none. But you can
take this action if you wish to.
Another issue was suggested. Due to diminution of
the Town's tax base, and due to the concentration of
these facilities within the Town, this issue could be
pursued. Nothing was found in case law that this issue
has been reviewed.
Because of the time frame, the Town Board can
submit an approval of the proposed site; you may
suggest other sites within the Town; or you may object,
in accordance with the regulations. We must do this
within 40 days, which expires on June 28, 1995. He
• checked, and was advised that an extension can only be
allowed by the agency making the site selection, or ARC.
He has contacted Mr. Newvine, Executive Director of
NYSARC, Inc, Cortland County Chapter, and requested an
extension until July 6, 1995, to have the opportunity to
review the Feasibility Study for the Westmore Lane site.
A discussion was held between the Town Attorney and
Mr. Newvine at this time in which Mr. Newvine stated
that he had no objection to an extension. He still has
not received the feasibility study. The extension will
be put in writing, as suggested by Judith Hayes Luyben,
Seguin OMR/DD, of Syracuse, and is forthcoming.
A letter was presented from the residents of
Westmore Lane, stating their concerns, and read aloud by
Supervisor Thorpe.
Councilman O'Donnell made a motion, seconded by
Councilman Rocco, to receive and file the letter
submitted. All voting aye, the motion was carried.
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JUNE 21, 1995 TOWN BOARD MEETING PAGE 4
A discussion was held, and questions were heard,
concerning the newspaper articles concerning eviction
of, and signing of a purchase offer relating to their
present Court St. site. Residents requested the Town
Board to contact State Representatives and request they
review the current process. Public funds are being used
for these facilities and the public should have an
opportunity for more input, at the least, the same rules
as local governments are required to provide the public.
The Supreme Court has made a recent ruling to redefine
"family" which could complicate these issues. The
current site selection process includes the local
municipality, however they can do nothing. Can we get
this message to those who adopted this procedure. If
another site application is presented within the Town,
should we allow this to continue to affect our tax base.
Mr. Newvine asked who would be reviewing the
Feasibility Study, and evaluating it? He was advised to
inform Attorney Folmer when he receives it, who will
notify the Supervisor, so those involved can be
contacted for the review.
Mr. Ed Hotchkin, a Board Member, of the local ARC,
explained that most site selection processes are
received with similar concerns. Attorney Folmer
explained that he could relate to that. The concerns
heard for this application have never been that this
type home would be in their neighborhood, but the
hazards of this location. Those concerns are warranted
and so documented.
Mr. Newvine reported that the perk test was just
completed and approved. The septic system will be
enlarged, adding more leach fields. The fireman and
Town Water Dept. have reported that the water pressure
of fire hydrants are acceptable. There are three fire
hydrants on that street. The Fire Chief has reported
that they have never had a problem with access to the
street.
Judith Luyben cautioned that information relating
to cost factors cannot be provided at this time because
they are required to take bids for these projects. This
will not be included with the feasibility study.
RESOLUTION #128 AUTHORIZE DEDICATION OF THE NEW
DRINKING FOUNTAIN AREA LOCATED AT
THE CORTLANDVILLE CITIZENS PARK IN
MEMORY OF MELVIN H. PIERCE
Motion by Councilman O'Donnell
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
WHEREAS, Mr. Melvin H. Pierce served as elected Town
Councilman, and Town Supervisor for many years, and
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WHEREAS, Mr. Pierce was partly responsible for
furthering the development of the Town water system to
service the needs of the residents of the Town of
Cortlandville, and
WHEREAS, Mr. Pierce had dedicated so much of his
personal time to collecting donations and building of,
to accomplish the Citizens Park for the youth of the
Town of Cortlandville, therefore
BE IT RESOLVED, that upon completion of the new drinking
fountain area located at the Citizens Park, the Town
Board does hereby honor the accomplishments of Melvin H.
Pierce and shall name the drinking fountain in his
honor, and further
RESOLVED, that a plaque shall be permanently affixed on
the fountain pavilion.
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JUNE 21, 1995 TOWN BOARD MEETING PAGE 5
RESOLUTION #129 AUTHORIZE CHANGE ORDER FOR THE
MID -TOWN SEWER IMPROVEMENT PROJECT
Motion
by Councilman Rocco
Seconded
by Councilman Testa
VOTES:
ALL AYE ADOPTED
WHEREAS, Change Order
No. 1 has been submitted
by the
Town Engineer for
the Mid -Town Sewer Improvement
Project, therefore
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BE IT RESOLVED, the
Town Board does hereby
approve
Change Order No. 1
in the amount of $4,565.84
and the
contract with Masciarelli
Construction Co. is
hereby
amended.
RESOLUTION #130 AUTHORIZE CASH ADVANCE FOR CAPITAL
IMPROVEMENT PROJECTS
Motion by Councilman Rocco
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Budget Officer is hereby authorized
and directed to transfer $29,198.81 from Water Surplus
Funds and transfer $6,150.95 into the Kingsley Ave.
Water Project and transfer $23,047.86 into the Rt. 222
Water Project, and further
RESOLVED, to transfer $94,623.98 from the Sewer Surplus
Funds and transfer $147.74 into the Luker Rd. Ext.
Sewer Project and transfer $94,476.24 into the Mid -Town
Sewer Project.
Councilman Rocco made a motion, seconded by
COuncilman O'Donnell, to adjourn the Regular Meeting.
All voting aye, the motion was carried.
The Regular Meeting was adjourned at 5:55 p.m.
Respe tfully ubm'tted,
Pauline H. Parker, CMC
Town Clerk
Town of Cortlandville
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