HomeMy WebLinkAbout07-21-2004l03
JULY 21, 2004 5:00 P.M.
PUBLIC HEARING NO. 1
COMMUNITY DEVELOPMENT BLOCK GRANT
ESSEX STRUCTURAL STEEL COMPANY INC.
607 NYS ROUTE 13
TAX MAP #105.00-01-46.000 (Portion of)
A Public Hearing was held by the Town Board of the Town of Cortlandville at the Town
Hall, 3577 Terrace Road, Cortland, New York, concerning the Community Development Block
Grant for Essex Structural Steel Co. Inc., in which the Town would be submitting an application
to New York State for funding under the Small Cities Community Development Block Grant
(CDBG) - Economic Development Program on or about July 28, 2004, with a maximum funding
request of $313,000 to be used for activities that are eligible under Section 570.482 of Subpart C
of the Housing and Community Development Act of 1974.
Members present:
Absent:
Deputy Supervisor, Theodore Testa
Councilman, John Pilato
Councilman, Ronal Rocco
Town Clerk, Karen Q. Snyder
Supervisor, Raymond Thorpe
Councilman, Edwin O'Donnell
Others present were: Town Attorney, John Folmer; Highway Sup't. Carl Bush; Water &
Sewer Sup't. Peter Alteri; Bernie Thoma of Thoma Development; Attorney Mark Suben; Bill
Knight from the Country Music Park; and Judy Testa.
Deputy Supervisor Testa called the Public Hearing to order.
Town Clerk, Karen Q. Snyder, read aloud the published, posted and filed legal notice.
Deputy Supervisor Testa offered privilege of the floor to those in attendance.
Bernie Thoma of Thoma Development explained this was the first of two required public
hearings to inform the public of the basic information regarding the Community Development
Block Grant (CDBG) program. At the second public hearing he would talk more specifically
about the project, while the first public hearing was to answer questions about the grant. Mr.
Thoma provided handouts regarding the CDBG program and explained that the project was
similar to the CDBG for Blodgett Mills.
Deputy Supervisor Testa reminded the Board that the second public hearing would be
held on Wednesday, July 28, 2004 at 5:00 p.m. He commented that the Board was well aware of
the procedure involving the CDBG program.
No further comments or discussions were heard.
Councilman Pilato made a motion, seconded by Councilman Rocco, to close the Public
Hearing. All voting aye, the motion was carried.
The Public Hearing was closed at 5:05 p.m.
JULY 21, 2004
5:05 P.M.
PUBLIC HEARING NO.2
LOCAL LAW NO. 1 OF 2004
GAMES OF CHANCE
A Public hearing was held by the Town Board of the Town of Cortlandville at the Town
Hall, 3577 Terrace Road, Cortland, New York, regarding the enactment of a Local Law
permitting the conduct of Games of Chance within the Town of Cortlandville, exclusive of the
Village of McGraw.
Members present: Deputy Supervisor, Theodore Testa
Councilman, John Pilato
Councilman, Ronal Rocco
Town Clerk, Karen Q. Snyder.
Absent: Supervisor, Raymond Thorpe
Councilman, Edwin O'Donnell
Others present were: Town Attorney, John Folmer; Highway Sup't. Carl Bush; Water &
Sewer Sup't. Peter Alteri; Bernie Thoma of Thoma Development; Attorney Mark Suben; Bill
Knight from the Cortland Country Music Park; and Judy Testa.
Deputy Supervisor Testa called the Public Hearing to order.
Town Clerk, Karen Q. Snyder, read aloud the published, posted and filed legal notice.
Deputy Supervisor Testa commented that the Board was well aware of the support for
Games of Chance within the Town, and stated it was a shame that it was not passed in the
November 2002 election.
Councilman Rocco believed the Board should adopt Games of Chance as a Local Law to
get it on the November 2004 election ballot.
Attorney Folmer apprised the Board that procedurally, the Board had to decide whether
or not anyone wanted privilege of the floor during the public hearing to discuss the subject. If
not, the Board could close the public hearing and make a motion to adopt the Local Law subject
to referendum, which would be in November.
Deputy Supervisor Testa offered privilege of the floor to those in attendance.
Bill Knight from the Statewide Country Music Park apprised the Board that Games of
Chance would generate additional revenue for the Park. The additional money would help pay
the not -for -profit organization's bills, including their utility bills and trash removal, which are
allowed by law.
No further comments or discussions were heard.
Councilman Rocco made a motion, seconded by Councilman Pilato, to close the Public
Hearing. All voting aye, the motion was carried.
The Public Hearing was closed at 5:10 p.m.
l o s-
JULY 21, 2004
5:10 P.M.
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 Deputy Supervisor Testa presiding.
Members present:
Absent:
Deputy Supervisor, Theodore Testa
Councilman, John Pilato
Councilman, Ronal Rocco
Town Clerk, Karen Q. Snyder
Supervisor, Raymond Thorpe
Councilman, Edwin O'Donnell
Others present were: Town Attorney, John Folmer; Highway Sup't. Carl Bush; Water &
Sewer Sup't. Peter Alteri; Bernie Thoma of Thoma Development; Attorney Mark Suben; Bill
Knight from the Country Music Park; and Judy Testa.
, Deputy Supervisor Testa called the meeting to order.
RESOLUTION #125 ADOPT LOCAL LAW NO. I OF 2004 AUTHORIZING GAMES
OF CHANCE BY AUTHORIZED ORGANIZATIONS WITHIN
THE TOWN OF CORTLANDVILLE EXCLUSIVE OF THE
VILLAGE OF MCGRAW
Motion by Councilman Rocco
Seconded by Councilman Pilato
VOTES: ALL AYE ADOPTED
WHEREAS, a resolution was duly adopted by the Town Board of the Town of Cortlandville for
a public hearing to be held by said Board to hear all interested parties on a proposed Local Law
entitled "Games of Chance", and
WHEREAS, a notice of said public hearing was duly published in the Cortland Standard, the
official newspaper of the Town, and posted at Town Hall, 3577 Terrace Road, Cortland, New
York, as required by law, and
WHEREAS, said public hearing was duly held and all parties in attendance were permitted an
opportunity to speak on behalf of or in opposition to said proposed Local Law, or any part
thereof, and
WHEREAS, the Town Board of the Town of Cortlandville, after due deliberation, finds it in the
best interest of the Town to adopt said Local Law, therefore
Be it enacted by the Town Board of the Town of Cortlandville as follows:
Section 1. Statutory Authority: Title
This Local Law is adopted pursuant to the authority of article 9-A of the General
Municipal Law of the State of New York and shall be known as the "Games of Chance Control
Law of the Town of Cortlandville."
Section 2. Definitions
A. The words and terms used in this Local Law shall have the same meanings as such
words and terms are used in article 9-A of the General Municipal Law, unless
otherwise provided herein or unless the context requires a different meaning.
B. As used in this Local Law, the following terms shall have the meanings indicated:
1. "The Chief Law Enforcement Officer of Cortland County" means the Sheriff
of Cortland County.
JULY 21, 2004
TOWN BOARD MEETING
PAGE 2
2. "Town" means the Town of Cortlandville, exclusive of the Village of
McGraw.
Section 3. Games of Chance Authorized: Restrictions
Pursuant to, and in accordance with, the provisions of section 188(1) of the General
Municipal Law of the State of New York and other applicable provisions of law, it shall be
lawful for any authorized organization, upon obtaining a license therefor (as provided in article
9-A of the General Municipal Law) to conduct games of chance within the territorial limits of the
Town, as defined herein, subject to the provisions of this Local Law, the provisions of article 9-
A of the General Municipal Law, and the rules and regulations set forth by the New York State
Racing and Wagering Board. The conduct of games of chance shall be subject to the restrictions
imposed by section 189 of the General Municipal Law.
Section 4. Sunday Games
Games of chance may be commenced under any license issued pursuant to this Local
Law on Sunday between the hours of noon and midnight only, except that the application for a
license may request approval to conduct such games of chance beyond midnight if the following
day is a legal holiday. Notwithstanding the foregoing provisions of this section, no games of
chance shall be conducted on Easter Sunday, Christmas Day, or New Year's Eve.
Section 5. Control and Supervision
The powers and duties set forth in subdivisions 1 and 2, section 194 of the General
Municipal Law shall be exercised by the Chief Law Enforcement Officer of Cortland County.
Section 6. When Effective
In accordance with the provisions of section 188(2) of the General Municipal Law and
section 23(1) of the Municipal Home Rule Law, this Local Law shall not become operative or
effective unless and until it shall have been approved at the next general election held within the
Town, by affirmative vote of a majority of the qualified electors of the Town voting upon the
proposition, and when filed with the Secretary of State of the State of New York as required by
law.
Attorney Folmer stated that Games of Chance was turned down at the November 2002
election partly due to the lack of its promotion prior to the election. The proposition was also on
the ballot at the same time the proposition to increase the terms of County Legislators from two
years to four years was listed on the ballot.
Town Cleric Snyder provided Mr. Knight with information regarding Games of Chance
from the NYS Racing and Wagering Board that would help him promote the proposition.
Attorney Folmer stated the public may have questions as to why the Village of McGraw
is excluded from Games of Chance. It is a requirement that if a town encompasses a village, the
village must adopt its own local law and go through the same procedure.
Councilman Pilato made a motion, seconded by Councilman Rocco, to approve the Town
Board Minutes of June 16, 2004 as written. All voting aye, the motion was carried.
Deputy Supervisor Testa questioned whether the bills were signed.
Councilman Rocco apprised Deputy Supervisor Testa that the bills have been signed, but
was concerned with the payment to Cortland Press for the printing of brochures relating to the
Cortlandville Starr Road Park and Recreation Center. Councilman Rocco was not satisfied with the
brochure.
Deputy Supervisor Testa apprised Councilman Rocco that he spoke with Ron Barrows of
the Barrows Group, who was supposed to contact Town Clerk Snyder regarding the correction of
the brochures.
Councilman Rocco requested the voucher not be paid until the brochures are corrected. He
reminded the Board that Mr. Barrows was supposed to receive final approval from the Board before
printing the brochures, which was not done. He commented that the Town should not pay for the
incorrect brochures, which did not have Town Clerk Snyder or Highway Sup't. Carl Bush listed.
Councilman Rocco also questioned why the Supervisor's Secretary, Patty O'Mara was listed.
1
1
107
JULY 21, 2004 TOWN BOARD MEETING PAGE 3
Councilman Pilato agreed and stated the brochures should be corrected.
Town Clerk Snyder apprised the Board they could authorize payment of the bills with the
exception of B-74. She informed the Board that Mr. Barrows had not contacted her regarding the
matter.
Deputy Supervisor Testa stated he would remind Mr. Barrows to contact Town Clerk
Snyder.
RESOLUTION #126 AUTHORIZE PAYMENT OF VOUCHERS - JULY
Motion by Councilman Rocco
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 #371 - 388
$
64,564.35
General Fund B
B70 - B78*
$
68,659.89
Highway Fund DB
D243 - D261
$
16,035.13
Water Fund
W 142 - W 151
$
18,414.08
Sewer Fund
S53 - S57
$
16,470.30
Capital Projects
H28 - H33
$106,959.25
* All vouchers approved with the exception of B-74 for $1145.00.
Deputy Supervisor Testa offered privilege of the floor to Mark Suben.
. Mark Suben, Attorney at Law, introduced himself to the Board as a matter of courtesy as he
is running for District Attorney of Cortland County against Town Attorney Folmer's former law
partner. Mr. Suben wanted to tell the Board about his qualifications as well as make himself
available to answer any questions that the Board may have regarding his policy.
Mr. Suben stated that the Town experiences many of the "same serious urban -type crime
situations" that are seen in the City of Cortland. Mr. Suben has prosecuted serious crimes in Bronx
County, New York as well as in the City of Syracuse. He stated he is familiar with the kinds of law
enforcement initiatives that are undertaken to prevent crimes, and is familiar with the kinds of
prioritization that goes on in an urban crime area.
Mr. Suben apprised the Board he was a full-time professional prosecutor for seven years,
and was a criminal defense attorney dealing with serious felony crimes for almost nine years. Mr.
Suben called himself a criminal specialist, who wanted to offer himself to his hometown. Mr.
Suben is also an adjunct law professor at Syracuse University.
Mr. Suben invited the Board to ask any questions, and thanked the Board for their time.
Monthly reports of the Town Justice and for the SPCA for the month of June 2004 are on
the table for review and filed in the Town Clerk's office.
Town Cleric Snyder apprised the Board she included an informational packet on Games
of Chance in the Board's meeting packets for their review.
Attorney Folmer reported:
Highland Road Sewer Improvement Project — 2004:
Attorney Folmer apprised the Board that he and Town Engineer, Hayne Smith have been
working together with regard to the application for interim financing for the Highland Road
Sewer Improvement project, which could grant the Town low interest rate financing. A separate
piece of paper. labeled Negative Declaration under SEQR was requested by Mike Barylski, which
Attorney Folmer sent via fax earlier this afternoon. Attorney Folmer gave Town Clerk Snyder
the original SEQR form to be filed.
Attorney Folmer apprised the Board there was an item on the agenda to authorize a cash
transfer from the sewer surplus fund to the capital project fund for the Highland Road Sewer
Improvement project. He informed the Board that he has been in contact with Bond Council and
has taken the appropriate steps to proceed to issue bond anticipation notes. He stated he would
solicit Alliance Bank, Tompkins Trust, and First National Bank of Dryden for rates.
JULY 21, 2004
TOWN BOARD MEETING
PAGE 4
Booster Pump Station:
Attorney Folmer reminded the Board they must have further conversation regarding the
Booster Pump Station, but should wait until Supervisor Thorpe is present.
Councilman Pilato made a motion, seconded by Councilman Rocco, to receive and file a
petition from residents on Worthington Place regarding street lighting. All voting aye, the
motion was carried.
Councilman Rocco commented that streetlights are needed in the residential area.
Highway Sup't., Carl Bush apprised the Board he has been in contact with Niagara
Mohawk regarding street lighting in the Worthington Place area, including Cedar Crest. Niagara
Mohawk would send the Town a plan for additional street lighting.
Deputy Supervisor Testa questioned whether he should respond to the petition with a
letter to the residents of Worthington Place.
Highway Sup't. Bush recommended the Board wait until Niagara Mohawk develops a
plan before responding.
Councilman Rocco made a motion, seconded by Councilman Pilato, to receive and file
correspondence from Darrel C. Sturges of the Cortland County Soil & Water Conservation
District regarding the relocation of Otter Creels. All voting aye, the motion was carried.
Councilman, Rocco made a motion, seconded by Councilman Pilato, to receive and file
correspondence from William A. Brizzell, Jr., P.E., of the NYS Environmental Facilities
Corporation, Clean Water State Revolving Fund, regarding financing for the Highland Road
Sewer Improvement Project. All voting aye, the motion was carried.
There was a brief discussion regarding correspondence from Samuel Cincotta and
Anthony and Eva Gabriel asking the Board to extend the business zone to include their
properties.
Deputy Supervisor Testa apprised the Board he spoke with CEO, Bruce Weber regarding
the request.
Attorney Folmer reminded the Board they have already received the rezoning
recommendations from the Town Planning Board. The Board would be reviewing and revising
the Zoning Ordinance as they see fit. It is therefore appropriate that requests for consideration of
zone changes be sent to the Board and be retained by the Board. An informational meeting and a
public hearing will be held by the Board, at which point any requests for changes to the zoning
ordinance can be made.
Councilman Pilato made a motion, seconded by Councilman Rocco, to receive and file
correspondence from Samuel Cincotta and Anthony and Eva Gabriel, to extend the business
zoning to include their properties at 744 and 748 NYS Route 13, South. All voting aye, the
motion was carried.
Councilman Rocco made a motion, seconded by Councilman Pilato, to receive and file
correspondence from NYS Senator James Seward to Bernadette Castro, Commissioner of NYS
Office of Parks, Recreation and Historic Preservation, regarding support for the Cortlandville
Starr Road Park and Recreation Center project. All voting aye, the motion was carried.
There was discussion regarding correspondence from Edward Thomas of 3493 Deerfield
Heights.
Councilman Rocco stated he read the correspondence from Mr. Thomas as well as the
response from Assessor David Briggs. Apparently, Mr. Thomas was charged a total of $736.91
for sewer tax from 1995 to 2004 on property that had no access to sewer. Councilman Rocco felt
that since the sewer charge was incorrect the Town should issue a full refund for each year
erroneously charged, instead of Assessor Briggs' recommendation that the Town issue a refund
for only the current year.
1
1
1
E
JULY 21, 2004 TOWN BOARD MEETING PAGE 5
Attorney Folmer questioned Water & Sewer Sup't., Peter Alteri what it meant when it is
said that sewer is not available.
Water & Sewer Sup't. Alteri apprised the Board that sewer is not available when there is
nothing on the property for sewer to be hooked up to.
Attorney Folmer stated there was a distinct difference between Mr. Thomas' request and
the Steinfeldt situation, where Dr. Steinfeldt could hookup to the sewer if he desired. Mr.
Thomas could not hookup to the sewer even if he wanted to.
Deputy Supervisor Testa apprised the Board that Assessor Briggs recommended the
Board remove the sewer benefit tax and refund Mr. Thomas for the current year.
Attorney Folmer requested the Board table any action on the request until the August 4"',
2004 Town Board meeting, which would allow him time to research whether or not the Board
had the authority to refund Mr. Thomas for more than the current year.
Councilman Pilato made a motion, seconded by Councilman Rocco, to receive and file
correspondence from Town Assessor David Briggs, regarding the Town of Cortlandville Sewer
Tax charged to Edward Thomas, tax map #95.13-01-08.000. All voting aye, the motion was
carried.
RESOLUTION #127 TABLE SEWER BENEFIT TAX RELIEF REQUEST OF
EDWARD THOMAS FOR PROPERTY LOCATED AT
3493 DEERFIELD HEIGHTS
Motion by Councilman Pilato
Seconded by Councilman Rocco
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby table the sewer benefit tax relief request of
Edward Thomas for property located at 3493 Deerfield Heights, tax map #95.13-01-08.000 until
August 81", 2004.
Councilman Pilato made a motion, seconded by Councilman Rocco, to receive and file
correspondence from the Cortland County Planning Department regarding the Zoning Text
Amendment. All voting aye, the motion was carried.
RESOLUTION #128 AUTHORIZE SUPERVISOR TO TRANSFER $106,000.00
FROM THE SEWER SURPLUS FUND TO THE CAPITAL
PROJECT SEWER FUND FOR THE HIGHLAND ROAD
SEWER IMPROVEMENT PROJECT
Motion by Councilman Rocco
Seconded by Councilman Pilato
VOTES: ALL AYE ADOPTED
WHEREAS, the Bookkeeper requested a cash advance be transferred from the Sewer Surplus
Fund to the Capital Project Sewer Fund for the Highland Road Sewer Improvement Project,
therefore
BE IT RESOLVED, the Supervisor is hereby authorized and directed to transfer $106,000.00
from the Sewer Surplus Fund to the Capital Project Sewer Fund, and it is further
RESOLVED, the Town Sewer Surplus Fund will be reimbursed when the project is bonded.
In
JULY 21, 2004
TOWN BOARD MEETING
PAGE 6
RESOLUTION #129 REFER AQUIFER PROTECTION PERMIT APPLICATION
SUBMITTED BY LDD CORPORATION TO THE TOWN AND
COUNTY PLANNING BOARDS FOR THEIR REVIEW AND
RECOMMENDATIONS
Motion by Councilman Pilato
Seconded by Councilman Rocco
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Aquifer Protection Permit application submitted by LDD Corporation
for property located at 3948 NYS Route 281, tax map #86.13-01-49.000, shall be referred to the
Town and County Planning Boards for their review and recommendations.
Deputy Supervisor Testa apprised the Board there was an item not listed on the agenda
that needed to be acted on regarding the availability of tree planting funds from the NYS
Department of Environmental Conservation (DEC). Thoma Development would make
application to the NYS DEC on the Town's behalf for the available funds, which would be a
50150 match by the Town. Applications for the tree planting funds are due on August 16, 2004.
Deputy Supervisor Testa commented that the available funds would benefit the Town with the
upcoming Cortlandville Starr Road Park and Recreation Center.
RESOLUTION #130 AUTHORIZE THOMA DEVELOPMENT CONSULTANTS TO
COMMENCE PROCEDURE FOR TREE PLANTING FUNDS
THROUGH THE NEW YORK STATE DEPARTMENT OF
ENVIRONMENTAL CONSERVATION AND THE NYS
ENERGY AND RESEARCH DEVELOPMENT AUTHORITY
Motion by Councilman Rocco
Seconded by Councilman Pilato
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize and direct Thoma Development
Consultants to commence procedure for tree. planting funds through the New York State
Department of Environmental Conservation and the NYS Energy and Research Development
Authority.
No further comments or discussion were heard.
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 5:40 p.m.
Respectfully submitted,
Karen Q. Snyder
Town Clerk
Town of Cortlandville