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HomeMy WebLinkAbout02-18-2004FEBRUARY 18, 2004 5:00 P.M. 1 1 TOWN BOARD MEETING The Regular Meeting of the Town Board of the Town of Cortlandville was held at the Town Hall, 3577 Terrace Road, Cortland, New York, with Supervisor Thorpe presiding. Members present: Supervisor, Raymond Thorpe Councilman, Theodore Testa Councilman, Edwin O'Donnell Councilman, Ronal Rocco Councilman, John Pilato Town Clerk, Karen Q. Snyder Others present were: Town Attorney, John Folmer; Highway Sup't. Carl Bush; James Trasher of Clough, Harbour & Associates; News Reporter, Nicole Flatow of the Cortland Standard; and Eric Mulvihille of WXHC. Supervisor Thorpe called the meeting to order. RESOLUTION #47 AUTHORIZE PAYMENT OF VOUCHERS - FEBRUARY 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 #74 - 106 $ 10,967.89 General Fund B B 14 - B 16 $ 13,285.13 Highway Fund DB D50 - D67 $ 28,544.66 Water Fund W19 - W31 $154,058.95 Sewer Fund S9 - S17 $116,438.06 Special Grant SG4 $ 1,051.59 Supervisor Thorpe apprised the Board the minutes from the last County, Towns, and Villages (CTV) meeting were included in their packet. He informed the Board the next CTV meeting would be held Thursday, February 19, 2004 at 7:00 p.m. at the Cortland County Office Building, and invited them to attend. RESOLUTION #48 ACCEPT ANNUAL REPORT OF THE SUPERVISOR Motion by CouncilmanO'Donnell Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Annual Report of the Supervisor for the year 2003 is hereby accepted and shall be received and filed. Attorney Folmer reported: Bond Anticipation Note: Attorney Folmer apprised the Board a Bond Anticipation Note (BAN) is due March 6, 2004 to Tompkins County Trust. The Town would make a principal payment of $50,000 plus the accrued interest. He stated he would have the papers for the Board to act on at the March 3, 2004 meeting. FEBRUARY 18, 2004 TOWN BOARD MEETING PAGE 2 Easement and Right-of-way: Attorney Folmer apprised the Board he had a signed easement from 1990 for property owned by Councilman Testa to the Town of Cortlandville that was never filed with the County Clerk's Office. Attorney Folmer requested Councilman Testa resign the paperwork so that the matter could be taken care of. Games of Chance: Attorney Folmer apprised the Board in order to put Games of Chance on the November 2004 ballot, the Board must pass a resolution for a Local Law subject to mandatory referendum. The resolution must be passed thirty-six days before Election Day. Attorney Folmer stated he would have the resolution completed so that it could be adopted well in advance of the thirty-six day time limitation. Gasoline and Filling Stations for Zone 1 and Zone I a: Attorney Folmer reminded the Board he sent them a proposal regarding gasoline and filling stations in Zone 1 and Zone la of the Aquifer Protection District. He invited the Board to make comments regarding the draft. He stated he may take the matter to the Planning Board. Supervisor Thorpe suggested Attorney Folmer include marine motorcarts. Attorney Folmer stated he would take a look and see how marine motorcarts are defined in the Vehicle and Traffic Law or in the Navigation Law, and perhaps include it as an additional item. Councilman Testa questioned whether Attorney Folmer looked up information regarding expansion of an existing establishment in the Aquifer Protection District. Attorney Folmer apprised the Board the draft ordinance read that "any establishment for the sale of those devices listed in Section 2, in existence on the effective date of this Local Law, shall be permitted to modify or expand its establishment upon receipt of a conditional permit'and site plan approval as provided by the provisions of this ordinance." He stated this provision would take care of Councilman Testa's concern. Highland Road Sewer Improvement Project: Attorney Folmer apprised the Board he asked Town Engineer, Hayne Smith where the Highland Road project stood in regard to easements. If the Town had to condemn properties, Attorney Folmer stated he would like to do them all at once. According to Engineer Smith there are 24 easements yet to be signed, of which 23 of the owners did not object to signing the easements. Initially there were two property owners who objected to signing the easements. One situation has since been resolved and the owner has agreed to sign. The property owner who objects to the easement cannot be reached until he returns from Florida. Highway Concerns: Attorney Folmer apprised the Board that Highway Sup't. Bush gave him some suggestions and questions concerning the highways, roads, and snowplowing, which he would research later this month. Wellhead Protection Ordinance: Attorney Folmer apprised the Board he had a copy of the most recent version of the Wellhead Protection Ordinance, which was given to Town Clerk Snyder to be filed. He requested the Board set a public hearing date for the proposed Local Law. Attorney Folmer recommended the Wellhead Protection Ordinance be adopted before the proposed Zoning Ordinance. RESOLUTION #49 SCHEDULE PUBLIC HEARING FOR LOCAL LAW — 2004, WELLHEAD PROTECTION PLAN Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE ADOPTED 29 FEBRUARY 18, 2004 TOWN BOARD MEETING PAGE 3 BE IT RESOLVED, a Public Hearing shall be scheduled for March 3rd, 2004 at 7:00 p.m. or soon thereafter, for Local Law — 2004, Wellhead Protection Plan. There was a brief discussion regarding the request of Dr. J. Lee Ambrose to be relieved of the Water and Sewer Benefit tax units for three parcels located on Commons Avenue, tax map #86.09-04-01.200, #86.09-04-05.000, and #86.09-04-06.000. Supervisor Thorpe apprised the Board they were in receipt of correspondence from Town Assessor, David Briggs regarding the Water and Sewer Benefit tax. In the correspondence, Assessor Briggs explained that the three parcels were too small to develop. However, parcel #86.09-04-05.000 is the Town of Cortlandville's portion of a parcel that is improved with a building. The building is located in the City of Cortland, yet the Town provides water and sewer to the building. The Benefit tax is based on water and sewer consumption. Assessor Briggs reminded the Board that in the past they have granted a reduction in units by 50% on parcels that could not be developed. Assessor Briggs recommended the Board remove the Water and Sewer Benefit tax units and issue a refund on the 2004 tax bill for parcel #86.09-04-06.000. He recommended the Board remove or reduce in units by 50% for parcel #86.09-04-01.200. Assessor Briggs further recommended that the Water and Sewer Benefit tax units remain in place with no changes for parcel #86.09-04-05.000. Councilman Testa made a motion, seconded by Councilman Pilato, to receive and file correspondence from Town Assessor David Briggs regarding the Water and Sewer Benefit tax of Dr. J. Lee Ambrose for properties located on Commons Avenue. All voting aye, the motion was carried. RESOLUTION #50 AUTHORIZE REMOVAL OF THE WATER AND SEWER BENEFIT TAX UNIT CHARGE FOR PROPERTY OWNED BY DR. J. LEE AMBROSE AND ISSUE A REFUND Motion by Councilman Testa Seconded by Councilman Pilato VOTES: ALL AYE ADOPTED WHEREAS, a request was received from Dr. J. Lee Ambrose requesting removal of the Water and Sewer Benefit tax unit charge for the 2004 Town and County tax bill for property located on Commons Avenue, and WHEREAS, such request was reviewed by Town Assessor, David Briggs, who reported the parcel was too small to be developed and recommended removal and a refund, of the Water and Sewer Benefit tax unit charge be issued, therefore BE IT RESOLVED, the Town Assessor, David Briggs is hereby authorized and directed to remove the Water and Sewer Benefit tax unit charge for parcel #86.09-04-06.000, owned by Dr. J. Lee Ambrose, commencing with the 2005 Town and County tax bill, and it is further RESOLVED, a refund in the amount of $219.33 shall be issued when the 2004 Town and County tax bill is paid. RESOLUTION #51 AUTHORIZE REDUCTION OF WATER AND SEWER BENEFIT TAX UNIT CHARGE FOR PROPERTY OWNED BY DR. J. LEE AMBROSE AND ISSUE A REFUND Motion by Councilman Testa Seconded by Councilman Pilato VOTES: ALL AYE ADOPTED WHEREAS, a request was received from Dr. J. Lee Ambrose requesting removal of the Water and Sewer Benefit tax unit charge for the 2004 Town and County tax bill for property located on Commons Avenue, and 30 FEBRUARY 18, 2004 TOWN BOARD MEETING PAGE 4 WHEREAS, such request was reviewed by Town Assessor, David Briggs, who reported the parcel was too small to be developed and recommended a 50% reduction from 1 unit to .50 units and a refund of the Water and Sewer Benefit tax unit charge be issued based on .50 units, therefore BE IT RESOLVED, the Town Assessor, David Briggs is hereby authorized and directed to reduce the Water and Sewer Benefit tax unit charge to .50 units for parcel #86.09-04-01.200, owned by Dr. J. Lee Ambrose, commencing with the 2005 Town and County tax bill, and it is further RESOLVED, a refund in the amount of $109.66 shall be issued when the 2004 Town and County tax bill is paid. RESOLUTION #52 DENY REQUEST OF DR. J. LEE AMBROSE TO REMOVE WATER AND SEWER BENEFIT TAX UNIT CHARGE FOR PROPERTY LOCATED ON COMMONS AVENUE Motion by Councilman Testa Seconded by Councilman Pilato VOTES: ALL AYE ADOPTED WHEREAS, a request was received from Dr. J. Lee Ambrose requesting the Water and Sewer Benefit tax unit charge be removed from his 2004 Town and County tax bill for property located at Commons Avenue, and WHEREAS, such request was reviewed by Town Assessor, David Briggs, who reported that the property is improved with a building, located in the City of Cortland, which utilizes Town water and sewer, and WHEREAS, the Benefit tax for said parcel is based on the property's water and sewer consumption, therefore BE IT RESOLVED, the Town Board does hereby deny the request for the removal of the Water and Sewer Benefit unit charge for property located on Commons Avenue, tax map 986.09-04- 05.000, owned by Dr. J. Lee Ambrose. Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and file correspondence from William F. McLorn praising two Town Highway employees. All voting aye, the motion was carried. Councilman O'Donnell informed the Board he and Councilman Testa attended the Community Development Block Grant meeting held in Blodgett Mills, conducted by Ann Hotchkin of Thoma Development. According to Councilman O'Donnell, approximately fifteen people were in attendance to discuss the CDBG program for housing improvements in the Blodgett Mills area. Councilman Testa stated there were many questions that arose regarding the availability of water and sewer in the Blodgett Mills area. James Trasher of Clough, Harbour & Associates was asked to look into the possibility of bringing water and sewer to the Blodgett Mills area, and would report back to the Board at a later date. Councilman O'Donnell made a motion, seconded by Councilman Pilato, to receive and file correspondence from Village of Homer Mayor, Richard Hemmings thanking the Town of Cortlandville Water & Sewer Department for their help when the Village had a water main break. All voting aye, the motion was carried. Councilman Rocco made a motion, seconded by Councilman Testa, to receive and file correspondence from the NYS Comptroller's Office regarding the extension of time for filing the Supervisor's Annual Report. All voting aye, the motion was carried. FEBRUARY 18, 2004 TOWN BOARD MEETING PAGE 5 Councilman O'Donnell made a motion, seconded by Councilman Rocco, to receive and file correspondence from the Town Code Enforcement Officer, Bruce Weber regarding his review of the proposed Zoning Amendment. All voting aye, the motion was carried. Councilman Pilato made a motion, seconded by Councilman O'Donnell, to receive and file correspondence from the following agencies and individuals regarding the proposed Zoning Amendment: a) Rudco Properties; b) Chris Cirmo; c) Crestwood Court residents; d) Kay Breed, Cortland County Legislator; e) Sarah Grace Campbell of Hinman, Howard & Kattell, LLP — representing Rerob, LLC for property located on Bennie Road; f) Catherine D. Smith; g) Robert & Norma Rhodes; h) William Tucker; i) Susan Fitts; j) Leslie Sandman, Pall Corporation; k) Michael Chernago, S.C.W.P., LLC, dba Indacom Place; 1) Linda Hartsock, Director of the Cortland County BDC-IDA (dated January 27, 2004); m) Linda Hartsock, Director of the Cortland County BDC-IDA (dated February 3, 2004); n) Linda Smith; o) Lisa Krall; p) Dorothy Palladino; q) Thomas Carman & John Nadolski for the J.M. Murray Center; r) Richard Schutz of Suit-Kote Corporation; s) Big Box Development Standards packet; t) Andrew Middleton, Gutchess Lumber Company, Inc.; u) Paul Allen, Cortland County Legislator; v) Gary VanGorder of the Cortland County Chamber of Commerce. All voting aye, the motion was carried. Councilman Testa made a motion, seconded by Councilman Pilato, to receive and file separate correspondence from Warren and Ann Bartholomew, Ronald Powell, John Carroll, and Sally MacGregor, regarding the proposed Super Wal-Mart. All voting aye, the motion was carried. Councilman Testa made a motion, seconded by Councilman Pilato, to receive and file correspondence from Daniel Dineen, Director of the Cortland County Planning Department, regarding the requirements of the New York State General Municipal Law Section 239 m & n, regarding referral of proposed planning/zoning actions and subdivision referrals. All voting aye, the motion was carried. Councilman Rocco apprised the Board he recently visited the Cortland County SPCA, and was impressed with the cleanliness of the building and the numerous people who visit daily. Councilman Rocco also praised the dedicated employees. RESOLUTION #53 APPROVE THE 2004 ANNUAL CONTRACT BETWEEN THE CORTLAND COUNTY SPCA AND THE TOWN OF CORTLANDVILLE Motion by Councilman Rocco Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby approve the 2004 annual contract between the Cortland County SPCA and the Town of Cortlandville in the amount of $17,664 for dogs and $1600 for spay/neutering of cats. Councilman O'Donnell questioned whether Attorney Folmer and James Trasher of Clough, Harbour & Associates were sorting through the comments regarding the proposed Zoning Amendment. 3z FEBRUARY 18, 2004 TOWN BOARD MEETING PAGE 6 Attorney Folmer apprised the Board that the Cortlandville Planning Board held a public hearing February 4, 2004 to discuss the proposed Zoning Amendment. Approximately 50 to 100 people attended the meeting, of which approximately 25 people spoke. Tonight, February 18, 2004 at 7:00 p.m. the Planning Board will meet to discuss the proposed Zoning Amendment. Although the meeting is open to the public it's purpose is not for public comment, but rather for the Planning Board to provide its recommendations with regard to the draft to the Town Board. Attorney Folmer suspected that at the conclusion of the Planning Board meeting, he and representatives of Clough, Harbour & Associates would have a meeting to incorporate the recommendations of the Planning Board into another draft. Attorney Folmer apprised the Board that many comments received are not specifically in regards to the proposed Zoning Amendment. After a second draft of the Zoning Amendment is complete, it would be submitted to the Board for review. The Board would have to conduct a SEQR process, a public hearing, and presumably adopt a Zoning Amendment in the future. Councilman O'Donnell made a motion, seconded by Councilman Pilato to recess the Regular Meeting to an Executive Session. All voting aye, the motion was carried. The meeting was recessed at 5:20 p.m. The following information was received from the Supervisor's office. Councilman O'Donnell made a motion, seconded by Councilman Testa, to adjourn the Executive Session and reconvene to the Regular Meeting. All voting aye, the motion was carried. No action was taken. Councilman Pilato made a motion, seconded by Councilman O'Donnell to adjourn the Regular Meeting. All voting aye, the motion was carried. The meeting was adjourned at 5:45 p.m. Respectfully submitted, Karen Q. Snyder Town Clerk Town of Cortlandville 1