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HomeMy WebLinkAbout05-19-2004MAY 19, 2004 5:00 P.M. 79 1 1 E 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; Water & Sewer Sup't., Peter Alteri, Jr.; Tony Barbetta, President of Essex Structural Steel Co. Inc.; and News Reporter, Nicole Flatow from the Cortland Standard. Supervisor Thorpe called the meeting to order. Councilman O'Donnell made a motion, seconded by Councilman Rocco, to approve the Town Board Minutes of April 21, 2004 as written. All voting aye, the motion was carried. RESOLUTION #97 AUTHORIZE PAYMENT OF VOUCHERS - MAY Motion by Councilman O'Donnell Seconded by Councilman Pilato VOTES: ALL AYE ADOPTED BE IT RESOLVED, the vouchers submitted have been audited and shall be paid as follows: General Fund A Vouchers #263 - 291 $ 13,271.54 General Fund B B43 - B49 $ 24,875.72 Highway Fund DB D157 - D179 $ 31,516.02 Water Fund W93 - W109 $ 11,404.35 Sewer Fund S39 - S43 $ 8,602.76 Capital Projects H16 - H19 $ 17,607.91 Supervisor Thorpe offered privilege of the floor to those in attendance. Councilman O'Donnell apprised the Board he met with Charles Carter of 1392 East River Road regarding a drainage problem. Mr. Carter spoke with Highway Sup't. Carl Bush regarding the matter and has contacted the Cortland County Health Department. Councilman O'Donnell alerted Attorney Folmer that the resident's next step would be to talk with his attorney, who was not known. He stated the Board may have to discuss the issue in the future. The monthly report of the Justice for the month of April 2004 is. on the table for review and filed in the Town Clerk's office. Supervisor Thorpe requested the Board act on item H-13 of the agenda, regarding scheduling a Public Hearing for an Aquifer Protection Permit submitted by M.J. Scoville, Inc. for Essex Structural Steel Co. Inc. RESOLUTION 498 SCHEDULE PUBLIC HEARING FOR AN AQUIFER PROTECTION PERMIT APPLICATION SUBMITTED BY M.J. SCOVILLE, INC. FOR ESSEX STRUCTURAL STEEL CO. INC. FOR JUNE 02, 2004 Motion by Councilman Pilato Seconded by Councilman Testa VOTES: ALL AYE ADOPTED 0 MAY 19, 2004 TOWN BOARD MEETING PAGE 2 BE IT RESOLVED, a Public Hearing shall be scheduled for June 02, 2004 at 7:00 p.m., at the Blodgett Mills Independent Baptist Church in Blodgett Mills, New York, for an Aquifer Protection Permit application submitted by M.J. Scoville, Inc. for Essex Structural Steel Co. Inc. for property located off of NYS Route 13, a portion of tax map #105.00-01-46.000. Attorney Folmer reported: Highland Road Sewer Improvement Project — 2004: Attorney Folmer apprised the Board that Town Engineer Hayne Smith was ready to go out to bid for the Highland Road Sewer Improvement Project. Attorney Folmer had a schedule of the amount of money needed by the Town, as well as how much money is needed at different stages of the project. Attorney Folmer apprised the Board the Town received a letter dated May 12, 2004, from the Environmental Facilities Corporation (EFC), which is the outfit that will provide the interim financing. The EFC provided the Town with a list of things that must be submitted by May 26, 2004. Many of the items requested are not yet in the Town Engineer's possession. Attorney Folmer stated the deadline was not feasible and therefore Engineer Smith would contact a representative at EFC regarding an extension of the deadline. Attorney Folmer stated he would contact the EFC as well. Attorney Folmer reminded the Board they authorized Engineer Smith to discuss interim financing with the EFC because of the very low interest rate offered. Zoning Text Amendment: Attorney Folmer apprised the Board the Planning Board held a Special Meeting on Monday, May 17, 2004, to review a draft of the Zoning Text Amendment prepared by Clough, Harbour & Associates. The draft was supposed to include the activities of the Planning Board over the past several months in relation to the rezoning proposition. Another draft prepared by Clough, Harbour & Associates would be presented to the Planning Board at their next meeting on May 25, 2004. In addition to the draft Zoning Text Amendment, Attorney Folmer stated there are design guidelines for "big box" development, which have not been reviewed or approved by the Planning Board. He hoped that something would be presented to the Planning Board regarding big box regulation by May 25tn Attorney Folmer stated he would suggest to the Planning Board at their next meeting that they move the Zoning Text Amendment on to the Town Board for review. He stated the Planning Board should move the process along, even if the zoning ordinance and the big box specifications are adopted separately. Attorney Folmer apprised the Board there was some confusion regarding an article published in the Cortland Standard. The article drew the conclusion that the Planning Board approved the draft Zoning Text Amendment at the last meeting. One of the Planning Board members was not pleased with the article and wrote a letter to the Cortland Standard stating such. Attorney Folmer apologized to News Reporter, Nicole Flatow for the comments made by the Planning Board member. Councilman O'Donnell questioned what the next step was for the Board and when the Board would be presented with the next draft of the Zoning Text Amendment. Attorney Folmer stated the Board would hopefully have a new draft by the June 2, 2004 Town Board Meeting. The new draft would incorporate the actions and recommendations that the Planning Board made, written by Clough, Harbour & Associates. Attorney Folmer hoped the Board would hold an informational meeting to discuss the draft. Emory Knight Junkyard Violation: Attorney Folmer apprised the Board he visited Emory Knight's property and stated that Councilman O'Donnell was absolutely correct in that the junkyard was still a problem. Attorney Folmer wrote to Mr. Knight's attorney, Ted Hoffman, and requested he respond. However, Attorney Hoffman is out of town at this time. Attorney Folmer informed the Board the only thing that can be done to resolve the problem is to bring an action to declare the property a public nuisance. Councilman O'Donnell apprised_ the Board Mr. Knight disposed of some white goods, but the property was still a disaster. MAY 19, 2004 TOWN BOARD MEETING PAGE 3 Attorney Folmer informed the Board he would be out of town this Friday, May 21, 2004. Councilman Rocco made a motion, seconded by Councilman O'Donnell, to receive and file correspondence from Congressman Sherwood Boehlert regarding support of the Blodgett Mills Community Development Block Grant. All voting aye, the motion was carried. Councilman O'Donnell made a motion, seconded by Councilman Pilato, to receive and file correspondence from George A. Doucette, P.E., Regional Traffic Engineer for the New York State Department of Transportation, regarding Squeaky Clean Car Wash, to be located on NYS Route 281. All voting aye, the motion was carried. Councilman Rocco made a motion, seconded by Councilman O'Donnell, to receive and file correspondence from Dr. and Mrs. Fallon thanking the - Board for their time and efforts regarding the approved Aquifer Protection Permit application for 1088 Commons Avenue. All voting aye, the motion was carried. Attorney Folmer apprised the Board he spoke to CEO Bruce Weber regarding the request from Homer Baptist Church for relief of its building permit fee. In the past the Town has not provided such relief. The Board did allow the Cortland Sports Complex to pay its building permit fee according to the old fee schedule because the application was made while the old fees were in place. Attorney Folmer apprised the Board he spoke with Attorney Matt Newman, counsel for the Church, and discussed the same scenario with him. Attorney Newman stated he would compile documentation regarding when the application was made to see if the Church fell into the same category as the Cortland Sports Complex. To his knowledge, Attorney Folmer did not believe the building permit was submitted prior to the adoption of the new fee schedule, nor did CEO Weber. However, Attorney Folmer suggested the Board table the request until such documentation was presented to the Board. RESOLUTION #99 TABLE REQUEST FROM FIRST BAPTIST CHURCH FOR RELIEF OF BUILDING PERMIT FEES Motion by Councilman Pilato 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 Pilato, to receive and file correspondence from Attorney John P. Sidd of Riehlman, Shafer & Shafer, regarding the "Notice of Public Hearing" on behalf of the Cortland County Industrial Development Agency regarding the proposed Essex Structural Steel Co. Inc. and Route 13, Inc. project. All voting aye, the motion was carried. Councilman Rocco made a motion, seconded by Councilman O'Donnell, to receive and file correspondence from David Musci, Cortland Electronic Supply, Inc. regarding updating the current phone system in Town Hall. All voting aye, the motion was carried. Supervisor Thorpe apprised the Board if they authorized a new phone system they would have to authorize the expenditure of $9,165.00. Town Clerk Snyder apprised the Board that due to new technology the current quote is $2,500.00 less than the amount quoted in 2002. Councilman Rocco questioned who was in charge of initiating a new phone system and wondered why he was not involved in any of the discussion. MAY 19, 2004 TOWN BOARD MEETING PAGE 4 Town Clerk Snyder apprised Councilman Rocco that she was not aware of the proposal, nor was she involved in choosing a new phone system. However, the Town has been doing business with Cortland Electronic Supply, Inc. for more than seventeen years. Councilman Rocco questioned how the proposal originated. Supervisor Thorpe stated there are some problems with the current phone system, including failure of battery power. The system will be installed so that when the extension of Town Hall takes place the phones will be in place. RESOLUTION #100 AUTHORIZE SUPERVISOR TO EXECUTE CONTRACT WITH CORTLAND ELECTRONIC SUPPLY, INC. FOR THE INSTALLATION OF A NEW PHONE SYSTEM Motion by Councilman Pilato Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Supervisor is hereby authorized and directed to execute the contract with Cortland Electronic Supply, Inc. for the installation of a new phone system in an amount not to exceed $9,165.00. RESOLUTION #101 AUTHORIZE "THE PARK ASSOCIATION" TO USE THE CORTLANDVILLE TOWN HALL MEETING ROOM ON JUNE 6, 2004 AT 6:30 P.M. Motion by Councilman O'Donnell Seconded by Councilman Pilato VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby authorize "The Park Association" to use the Cortlandville Town Hall meeting room on June 6, 2004 at 6:30 p.m. for their annual association meeting. Councilman O'Donnell made a motion, seconded by Councilman Rocco, to receive and file correspondence from Susan Satterly of Highland Road, regarding the Village of Homer Recreation Program. All voting aye, the motion was carried. Councilman Rocco commented that people would have to get used to the fact that taxes cannot pay for everything. If parents wish for their children to participate in programs they will have to pay the fee rather than the "eighty -year -old who is struggling." Town Clerk Snyder stated Mrs. Satterly was misinformed that the Town did not support the Village of Homer Recreation Program. However, the Town gave the program $3,000 this year. Councilman Rocco made a motion, seconded by Councilman Pilato, to receive and file correspondence from Supervisor Thorpe to Susan Satterly regarding the Village of Homer Recreation Program. All voting aye, the motion was carried. RESOLUTION #102 AUTHORIZE THE TOWN ENGINEER TO GO OUT TO BID FOR THE HIGHLAND ROAD SEWER IMPROVEMENT PROJECT - 2004 Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE ADOPTED WHEREAS, the Town Engineer informed the Board he was prepared to go out to bid for the Highland Road Sewer Improvement Project— 2004, and WHEREAS, the bid specs would be available for sale on May 19, 2004 for a fee of $25.00, and the bids would be opened on June 8`h, 2004 at 3:00 p.m., therefore MAY 19, 2004 TOWN BOARD MEETING PAGE 5 MOM BE IT RESOLVED, the Town Board does hereby authorize the Town Engineer to go out to bid for the Highland Road Sewer Improvement Project— 2004. Attorney Folmer explained that it was not necessary for the Board to adopt a resolution to authorize the bidding process, but stated it would now be on the record that the Board authorized moving the project forward. Councilman O'Donnell made a motion, seconded by Councilman Rocco, to receive and file correspondence from Dr. Arthur and Dr. Patricia Shedd, of Surrey Drive, regarding the proposed Super Wal-Mart. All voting aye, the motion was carried. Attorney Folmer suggested the Board carefully read the article attached to the Shedd's correspondence as the headline to the article was misleading. The article was not in regards to pollution, but about Walmart's failure to comply with requirements regarding reports, plans and structures. RESOLUTION #103 AUTHORIZE SUPERVISOR TO TRANSFER $9,500.00 FROM THE CONTINGENCY FUND TO THE CENTRAL COMMUNICATIONS FUND TO UPDATE THE TOWN'S CURRENT PHONE SYSTEM Motion by Councilman O'Donnell Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED WHEREAS, the Bookkeeper has requested a cash advance be transferred from the Contingency Fund to the Central Communications Fund in order to update the Town's current phone system, therefore BE IT RESOLVED, the Supervisor is hereby authorized and directed to transfer $9,500.00 from the Contingency Fund to the Central Communications Fund. With nothing further to be heard, Attorney Folmer requested the Board convene to an Executive Session to discuss a personnel matter. Councilman Testa made a motion, seconded by Councilman Rocco, 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 Pilato, 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 Rocco, 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