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HomeMy WebLinkAbout05-05-2004-7Z MAY 05, 2004 7:00 P.M. TOWN BOARD MEETING The Regular Meeting of the Town Board of the Town of Cortlandville was held at the Community Building in the Village of McGraw, 15 Clinton Street, McGraw, 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; McGraw Recreation Director, Dan Bilodeau; and News Reporter, Nicole Flatow from the Cortland Standard. Supervisor Thorpe called the meeting to order. Councilman Rocco made a motion, seconded by Councilman Pilato, to receive and file the Town Board Minutes of January 21, 2004 as written. All voting aye, the motion was carried. Councilman O'Donnell made a motion, seconded by Councilman Rocco, to receive and file the Town Board Minutes of March 17, 2004 as written. All voting aye, the motion was carried. Councilman Pilato made a motion, seconded by Councilman Rocco, to receive and file the Town Board Minutes of April 7, 2004 as written. All voting aye, the motion was carried. RESOLUTION #88 AUTHORIZE PAYMENT OF VOUCHERS - MAY Motion by Councilman O'Donnell Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED BE IT RESOLVED, the vouchers submitted have been audited and shall be paid as follows: General Fund A Vouchers #248 - 262 $ 11,017.94 General Fund B B38 - B42 $ 6,328.33 Highway Fund DB D140 - D156 $ 8,578.15 Water Fund W81 - W92 $ 2,242.54 Sewer Fund S32 - S38 $ 70,419.30 Supervisor Thorpe offered privilege of the floor to those in attendance. Dan Bilodeau, Recreation Director for the McGraw Recreation Committee, thanked the Board for their continued support of the recreation program, as well as Highway Sup't. Carl Bush for the Highway Department's assistance on projects in the Village of McGraw. Mr. Bilodeau welcomed any suggestions from the Board: Prior to this evenings meeting, members of the Board attended a reception at the Lamont Memorial Library in the Village of McGraw. Councilman O'Donnell reiterated a comment made by Carl Kimberly, who is involved with the library. Mr. Kimberly thanked the Board for the Town's continued support of the library's programs. Monthly reports for the SPCA for the month of March 2004, and for the Town Clerk and Tax Collector for the month of April 2004 are on the table for review and filed in the Town Clerk's office. 73 MAY 05, 2004 TOWN BOARD MEETING PAGE 2 Town Clerk, Karen Q. Snyder, apprised the Board the Town was in receipt of a complaint on the Tentative Special Franchise Assessments for the year 2004, from New York State Electric and Gas. This issue would be handled through the New York State Board of Real Property Services. RESOLUTION #89 ACKNOWLEDGE RECEIVING THE COMPLAINT ON TENTATIVE SPECIAL FRANCHISE ASSESSMENTS FOR THE YEAR 2004 Motion by Councilman O'Donnell Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby acknowledge, by receiving and filing, the "Complaint on Tentative Special Franchise Assessments," regarding their current assessments from New York State Electric & Gas Corporation for property located in the State of New York, including the Town of Cortlandville. Town Clerk Snyder apprised the Board that included in their packets was information regarding credit card use at the town level, specifically for the Cortlandville Starr Road Park and Recreation Center. Councilman Rocco commented that credit card companies generally offer credit card checks to their customers. He questioned why the Town should pay to participate in the credit card transaction fees when credit card checks are available to someone who wanted to make a donation. Councilman O'Donnell apprised Councilman Rocco the same question arose at a steering committee meeting. The difference between using the credit card and a credit card check is that a check is deducted right away, while the credit card works on a monthly cycle. Councilman O'Donnell requested the Board look into the credit card POS (Point of Sale) option to allow donations to be made for the proposed park. If there was not a high demand to accept credit card donations there would be no need utilize a credit card POS. Councilman Rocco questioned whether the Tax Collector would be able to accept credit card payments for Town and County taxes if the Town utilized credit card POS. Town Clerk Snyder apprised Councilman Rocco it would be up to the Tax Collector as to whether or not utilizing a credit card POS would be warranted. Any of the interest and -penalties received from delinquent taxes would have to be used to offset the fees of the credit card POS. The taxpayer could not be charged at the point of sale for the additional fees. Regarding the Cortlandville Starr Road Park and Recreation Center, the cost of the credit card POS could be covered through the campaign funds. At the town level, the additional fees incurred by using a credit card POS would have to be budgeted. Town Clerk Snyder apprised the Board the Justice Department was interested in utilizing a credit card POS. Town Justice Casullo believed fines would be paid in a more timely fashion if payment by credit card were an option. Town Clerk Snyder stated Judge Castillo would have to make sure utilizing a credit card POS was acceptable with the Unified Court System. Councilman O'Donnell requested the Board review the information regarding the credit card POS and act on the issue at the May 19t', 2004 Town Board meeting. Councilman Testa made a motion to approve the credit card POS to accept donations for the Cortlandville Starr Road Park and Recreation Center only. He commented that the sooner the credit card POS could be utilized to accept donations for the Starr Road campaign the better. The Town could make a decision regarding credit card usage for Town business at a later date. RESOLUTION 490 AUTHORIZE SUPERVISOR TO ENGAGE THE SERVICES OF LYNK SYSTEMS, INC. FOR USE OF A CREDIT CARD POS TO ACCEPT DONATIONS FOR THE CORTLANDVILLE STARR ROAD PARK AND RECREATION CENTER CAMPAIGN Motion by Councilman Rocco Seconded by Councilman Testa VOTES: ALL AYE ADOPTED 7y MAY 05, 2004 TOWN BOARD MEETING PAGE 3 BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to engage the services of Lynk Systems, Inc. for use of a credit card POS to accept donations for the Cortlandville Starr Road Park and Recreation Center campaign. Attorney Folmer reported: "No Parking" in Blodgett Mills: Attorney Folmer apprised the Board that Highway Sup't. Carl Bush brought to his attention there is a problem with "No Parking" on several streets in Blodgett Mills. Per a resolution adopted in the past, the Town was supposed to investigate the establishment of "No Parking" areas in Blodgett Mills, including the Blodgett Mills Park. Attorney Folmer stated he would discuss the matter with County Highway Sup't., Joe Eggleston as the roads in question are County roads. Cortlandville Starr Road Park and Recreation Center: Attorney Folmer reminded the Board that several meetings ago a question was raised as to whether or not the Town could create a reserve fund to receive funds for the construction, equipping and maintaining the Cortlandville Starr Road Park and Recreation Center. By establishing a reserve fund, the Town could receive, hold and expend funds as necessary. Attorney Folmer apprised the Board if they chose to adopt the resolution it would have to be done subject to Permissive Referendum, which would eliminate the need to go to Permissive Referendum each time the Town wanted to take money from the fund. RESOLUTION #91 AUTHORIZE SUPERVISOR TO CREATE THE STARR ROAD PARK CONSTRUCTION AND MAINTENANCE RESERVE FUND FOR THE PURPOSE OF BUILDING, EQUIPPING AND MAINTAINING THE PROPOSED PARK Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE ADOPTED RESOLVED, that the Town Board of the Town of Cortlandville does hereby create the Starr Road Park Construction and Maintenance Reserve Fund for the purpose of building, equipping and maintaining the proposed park to be situated on Starr Road in the Town of Cortlandville, and to receive, hold and expend funds as necessary for such purposes, and it is further RESOLVED, this Resolution is adopted Subject to Permissive Referendum as required by law. Renaissance Drainage: Attorney Folmer apprised the Board that he and James Trasher of Clough, Harbour & Associates, met recently with Dr. Robert Morris, who resides at 4514 NYS Route 281, regarding the drainage ditch in the Renaissance Development area. Dr. Morris is concerned with the drainage ditch because it makes almost a 90-degree turn and runs north and south behind his house. Dr. Morris believes the drainage ditch will hold water as it was constructed to do, but would like a statement from the Town acknowledging that if a problem occurs with the drainage ditch the Town is responsible. Attorney Folmer stated he would write a letter to Dr. Morris stating the Town's responsibility for the drainage ditch. Dr. Morris was also concerned that a marker at the northeast corner of the land was no longer in place. According to Mr. Trasher the marker has been replaced. Another issue that Dr. Morris brought to Attorney Folmer's attention was that he was no longer able to use a walkway that ran from his house to Cosmos Hill. Attorney Folmer and Mr. Trasher would investigate the issue. 75 MAY 05, 2004 TOWN BOARD MEETING PAGE 4 Zoning Text Amendment: Attorney Folmer commented that the Zoning Text Amendment is "out of control." Attorney Folmer stated the reason he suggested the revised draft of the Zoning Text Amendment be considered attorney work product was because he did not want the general public to have access to a document that could be construed as a final document, which in fact it was not. Attorney Folmer apprised the Board that Bruce Weber, CEO and the Planning Board made the attorney work product a public document by deciding to publicly discuss the recommendations that they would like to make to the Board. The Planning Board scheduled a Special Meeting for May 17, 2004 to discuss further recommendations, and also invited the Zoning Board members to attend. Attorney Folmer apprised the Board he would provide a copy of the draft to Town Clerk Snyder to be filed in the Town Clerk's office and would also provide a copy to News Reporter, Nicole Flatow of the Cortland Standard. Given the Planning Boards actions, Attorney Folmer stated the document is now a matter of public record. Under the Freedom of Information Law, Ms. Flatow, as well as any citizen, is entitled to a copy for review. Councilman O'Donnell questioned Attorney Folmer as to whether he could, or should, attend the Planning Board's Special Meeting. Attorney Folmer apprised Councilman O'Donnell that any interested person was welcome to attend the Special Meeting. Attorney Folmer stated he would be in attendance of the meeting, at which point he would tell the Planning Board that they "need to be done" with their recommendations. He stated the Planning Board is causing delays by rehashing the proposed amendments. The Town Board must have the document in their hands in order to review it and make decisions. According to Attorney Folmer, the Town's engineering firm believes the Board should hold an informational meeting and invite the Zoning Board of Appeals, the Planning Board, the engineers, and the general public, to have a dialogue with questions and answers with regard to the document. The informational meeting would be held in addition to, and prior to, a public hearing. Assuming the Planning Board completes its recommendations at the May 17th m, Special Meeting, they would be given to Clough, Harbour & Associates to incorporate into a final document for the Board's review, which may be ready in advance of the Board's June 2, 2004. meeting. Attorney Folmer reminded the Board the document would have to be sent to the County Planning Board for their review, and would have to go through the SEQRA process. Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and file the draft revision to the proposed Zoning Text Amendment, dated April 21, 2004. All voting aye, the motion was carried. Councilman O'Donnell made a motion, seconded by Councilman Pilato, to receive and file correspondence from the Cortland County Department of Highways regarding Amnesty Day on May 12, 2004. All voting aye, the motion was carried. Councilman Rocco questioned Highway Sup't. Bush whether the Town participated in Amnesty Day, and questioned how to dispose of paint cans. Highway Sup't. Bush apprised the Board that the Town Highway Department participates in Amnesty Day, which did not include the disposal of paint cans. Supervisor Thorpe made several recommendations to Councilman Rocco on how to. properly dispose of paint cans. RESOLUTION #92 REFER CODE VIOLATION OF LEAMON EATON FOR PROPERTY LOCATED. AT 4001 CONABLE AVENUE TO TOWN ATTORNEY FOR REVIEW AND PROCEED AS REQUIRED Motion by Councilman O'Donnell Seconded by Councilman Pilato VOTES: ALL AYE ADOPTED -76 MAY 05, 2004 TOWN BOARD MEETING PAGE 5 BE IT RESOLVED, the code violation of Leamon Eaton for property located at 4001 Conable Avenue, Cortland, New York, is hereby referred to the Town Attorney for review, and it is further RESOLVED, the Town Attorney is hereby directed to proceed with compliance as required. RESOLUTION #93 REFER CODE VIOLATION OF JAMES CHORLEY FOR PROPERTY LOCATED AT 4003 CONABLE AVENUE TO TOWN ATTORNEY FOR REVIEW AND PROCEED AS REOUIRED Motion by Councilman O'Donnell Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED BE IT RESOLVED, the code violation of James Chorley for property located at 4003 Conable Avenue, Cortland, New York, is hereby referred to the Town Attorney for review, and it is further RESOLVED, the Town Attorney is hereby directed to proceed with compliance as required. Supervisor Thorpe briefly discussed the Resolution of Support for the Elimination of the Sunset Provision of the Local Government Records Management Improvement Fund (LGRMIF) and the Cultural Education Fund (CEF). The Board received a letter from Yvonne Deligato of the New York State Archives Region 6 Advisory Committee, requesting the Board support the LGRMIF. Town Clerk Snyder apprised the Board the LGRMIF, which is established through the NYS Education Department, comes up for review every five years under the Sunset Provision. If the NYS Education Department does not receive enough feedback it will cut the Records Management Grant process to municipalities and school districts. Town Clerk Snyder apprised the Board that if the Resolution were adopted a certified copy would be sent to the Town's Regional Director, Suzanne Ethrington, who resides in the City of Cortland. Ms. Ethrington would forward the certified copy on behalf Town and all the municipalities in Cortland County, as well as Broome County and other Southern Tier counties, to the NYS Education Department. Councilman Rocco questioned how much grant money the Town has received from the NYS Education Department. Town Clerk Snyder apprised the Board that in 2003 alone the Town received a $15,000 grant through the LGRMIF for the scanning of documents by the NYS Education Department. She reminded the Board that the Village of McGraw recently received a grant to construct a vault and a records room. RESOLUTION #94 ADOPT RESOLUTION OF SUPPORT FOR THE ELIMINATION OF THE SUNSET PROVISIONS OF THE LOCAL GOVERNMENT RECORDS MANAGEMENT IMPROVEMENT FUND (LGRMIF) AND THE CULTURAL EDUCATION FUND (CEF) Motion by Councilman Rocco Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED WHEREAS, the Local Government Records Management Improvement Fund (LGRMIF) was created in 1989 to provide technical assistance and grants to establish, improve or enhance records management programs in New York's more that 4300 local governments, and WHEREAS, the closely related Documentary Heritage Program (DHP) for grants and technical assistance to non -governmental historical records repositories also is supported by the LGRMIF, and 77 MAY 05, 2004 TOWN BOARD MEETING PAGE 6 WHEREAS, a sunset date for the LGRMIF was established in the original legislation to permit its operation as a five-year experiment, and WHEREAS, the New York State Legislature since 1995 twice has extended the sunset date, most recently to December 31, 2005, and WHEREAS, the LGRMIF has effectively supported essential advisory services and 6,300 grants totaling over $113 million to improve the management of records for over half of all NYS local governments, and WHEREAS, the LGRMIF and the programs it supports continue to operate at a high standard of excellence and provide direct and significant benefit to local governments at no cost to the taxpayers, and WHEREAS, the Town of Cortlandville has benefited from technical assistance, training, publications and one grant totaling $15,044 in 2003, supported by the LGRMIF, and WHEREAS, the State Legislature created the closely -related Cultural Education Fund (CEF) to support the New York State Archives, New York State Library and New York State Museum on behalf of all New Yorkers, and the Office for Public Broadcasting, and provided the CEF with an identical sunset date, and WHEREAS, the LGRMIF and the CEF continue to be critically important in the fulfillment of the many records and information related responsibilities of the Town of Cortlandville, and to the cultural and scientific needs of the people of New York State, therefore BE IT RESOLVED, that the Town of Cortlandville supports the elimination of said sunset provisions in order to make the LGRMIF and the CEF permanent. Councilman Rocco made a motion, seconded by Councilman Testa, to receive and file correspondence from Town Attorney, John Folmer regarding the request of the Homer Baptist Church for relief of building permit fees set by the Town. All voting aye, the motion was carried. Attorney Folmer apprised the Board he received a phone call from Attorney Newman, representing the Homer Baptist Church, who inquired about the building permit fees. Attorney Folmer explained there was no exception regarding the relief of building fees. In the past the Board allowed one applicant to pay fees according to the date the application was filed, which was prior to the Town's new fee schedule. The attorney for the church was going to speak with Bruce Weber, CEO to check on the dates the applications were filed. Attorney Folmer requested the Board table the request to allow Attorney Newman the opportunity to speak with CEO Weber. RESOLUTION 495 TABLE REQUEST FROM FIRST BAPTIST CHURCH FOR RELIEF OF BUILDING PERMIT FEES Motion by Councilman Rocco Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby table the request from First Baptist Church for relief of building permit fees for their new church to be constructed on Fisher Avenue and NYS Route 281 in the Town of Cortlandville. Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and file correspondence from NYS Senator James Seward to Glen King, Director of the Governor's Office for Small Cities, supporting the Town's application for funding under the Community Development Block Grant program for the Blodgett Mills Area. All voting aye, the motion was carried. Mi MAY 05, 2004 TOWN BOARD MEETING PAGE 7 Councilman O'Donnell made a motion, seconded by Councilman Rocco, to receive and file correspondence from Bernie Thoma of Thoma Development Consultants, regarding the Cortlandville Starr Road Park and Recreation Center grant application. All voting aye, the motion was carried. Councilman Rocco made a motion, seconded by Councilman Testa, to receive and file correspondence from George A. Doucette, P.E., Regional Traffic Engineer for the New York State Department of Transportation, regarding the Town's request for a lower speed limit on Carroll Street and Fairground Drive. All voting aye, the motion was carried. RESOLUTION #96 APPOINT JOHN DIESCHER TO THE BOARD OF ASSESSMENT REVIEW Motion by Councilman Rocco Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED WHEREAS, due to the resignation of Karen Granito the Board of. Assessment Review for the Town of Cortlandville has a vacancy, and WHEREAS, Town Assessor David W. Briggs has recommended the appointment of John Diescher to fulfill this vacancy, therefore BE IT RESOLVED, the Town Board does hereby appoint John Diescher of 3946 Route 11, Cortland, NY, to the Cortlandville Board of Assessment Review to fulfill the term of Karen Granito, expiring September 30, 2006. Councilman O'Donnell questioned Attorney Folmer regarding the Emory Knight Junkyard Violation. Although Mr. Knight has removed some waste from the property, more waste has been brought to the site. He questioned whether Attorney Folmer had visited the property lately. Attorney Folmer stated he had not been to Emory Knight's property to see whether any progress has been made, nor has he talked with Mr. Knight's attorney, Ted Hoffman, but stated he would do so. 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 7:30 p.m. The following information was received from the Supervisor's office. Councilman Rocco 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 Pilato made a motion, seconded by Councilman Rocco, to adjourn the Regular Meeting. All voting aye, the motion was carried. The meeting was adjourned at 7:45 p.m. Res ectfully submitted, Karen Q. Snyder Town Clerk Town of Cortlandville