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HomeMy WebLinkAbout06-21-1995M 11 F� 1 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 92 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. 1 Is • 1 93 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. 94 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 • 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. 95 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 • 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 0