HomeMy WebLinkAbout11-17-2004NOVEMBER 17, 2004
5:00 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 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; Ron
Barrows and Sue Stevens from The Barrows Group; Dan McNeil; News Reporter Eric Mulvihill
from WXHC; and News Reporter Patrick Ruppe from the Cortland Standard.
Supervisor Thorpe called the meeting to order.
Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and file
the Planning Board Minutes of June 29, 2004. All voting aye, the motion was carried.
Councilman Rocco made a motion, seconded by Councilman Pilato, to receive and file the
Planning Board Minutes of July 27, 2004. All voting aye, the motion was carried.
Councilman Rocco made a motion, seconded by Councilman O'Donnell, to receive and file
the Zoning Board of Appeals Minutes of July 27, 2004. All voting aye, the motion was carried.
RESOLUTION #182 AUTHORIZE PAYMENT OF VOUCHERS —NOVEMBER
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 #586 - 643
$
20,272.55
General Fund B
B 113 - B 115
$
9,268.69
Highway Fund DB
D406 - D422
$
78,127.31
Water Fund
W227 - W238
$
6,666.33
Sewer Fund
S94 - S100
$
2,625.38
Capital Projects
H57 - H61
$288,877.52
Special Grant
SG8 - SG12
$
65,830.00
Supervisor Thorpe offered privilege of the floor to Ron Barrows and Sue Stevens.
Ron Barrows from the Barrows Group updated the Board regarding the Starr Road Park &
Recreation Center funding process. Mr. Barrows has been in contact with the two Rotary Clubs in
Cortland. The Lunch Club Board voted in principle to pool their funds in return for a naming
opportunity in the park. The Breakfast Club Board has not yet made a decision about its
contribution. Mr. Barrows explained that one of the ways The Barrows Group encourages people to
make large contributions to a project is to allow contributors the opportunity to have something at
the park named after them.
Mr. Barrows shared a list of the sample naming opportunities that the Steering Committee
developed based on the amount the contribution is for. He hoped the Board would be able to act on
the naming opportunities at a later date.
Mr. Barrows apprised the Board the Steering Committee is in the process of conducting
training sessions for volunteers who will be seeking support on behalf of the project. The project
will be becoming a little more public. The Steering Committee will also be announcing the naming
of the two co-chairs of the campaign.
Mr. Barrows apprised the Board the sign for the park was erected, although groundbreaking
for the project has been pushed back until Spring 2005.
1
1
NOVEMBER 17, 2004 TOWN BOARD MEETING PAGE 2
RESOLUTION #183 ADOPT THE TOWN BUDGET FOR FISCAL YEAR OF 2005
Motion by Councilman Rocco
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
WHEREAS, on the 3rd day of November, 2004 the Town Board of the Town of Cortlandville,
held a Public Hearing on the Preliminary Budget and proposed amounts to be raised by the
benefit tax on benefited properties in the Town Sewer Improvement District, approved by the
Town Board, and filed with the Town Clerk for fiscal year commencing January 01, 2005, and
having heard all persons in favor of, or against any items therein contained, therefore
BE IT RESOLVED, the preliminary budget is hereby approved as filed, and the same is hereby
adopted and established as the annual budget of this Town for the fiscal year beginning January
O1, 2005, and such annual budget, as so adopted, is filed with the Town Clerk, and it is further
RESOLVED, that the Town Clerk of this Town shall prepare and certify, as provided by law,
duplicate copies of the annual budgets, hereby adopted, together with the assessment rolls for the
benefit of improvement for the Water Fund and the Sewer Fund, adopted pursuant to Section
202-a of the Town Law and within five days thereof, deliver two copies to the Supervisor of the
Town and the Supervisor shall present the copies of the annual budget. to the Legislature of
Cortland County within ten days after his receipt thereof from the Clerk.
Supervisor Thorpe commented that he was unhappy about the 2005 Budget because the
Board was only able to reduce the tax rate by a small amount. He recalled that the 2004 Budget
skyrocketed due to sales tax issues.
Councilman O'Donnell stated the 2005 Budget was the result of several workshops held by
the Board. The Town can continue to provide the present services. Councilman O'Donnell was
content with the Budget, and hoped the Town could "hold the line in the future."
Councilman Testa felt the Town was not receiving its share of sales tax, and concurred with
the Supervisor's unhappiness with the budget.
Town Clerk Snyder apprised the Board that Games of Chance passed at the general
election by 62 votes after the absentee ballots were counted. Town Clerk Snyder made
application to the Department of State for filing of the Local Law and would apprise the Board
when she receives a reply.
Town Clerk Snyder apprised the Board a public hearing was supposed to be held tonight
regarding the Community Development Block Grant (CDBG) application for the Blodgett Mills
area. Thoma Development Consultants failed to publish a legal notice. Therefore, Thoma
Development Consultants requested the Board schedule another public hearing. The second
public hearing for the CDBG was scheduled at a prior meeting for March 2, 2005.
RESOLUTION #184 SCHEDULE PUBLIC HEARING FOR A COMMUNITY
DEVELOPMENT BLOCK GRANT FOR THE BLODGETT
MILLS AREA
Motion by Councilman Rocco
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
WHEREAS, a Public Hearing was scheduled for November 17, 2004 at 5:00 p.m. for the
Community Development Block Grant application regarding the Blodgett Mills area, and
WHEREAS, a legal notice was not published, posted nor filed, therefore
BE IT RESOLVED, a Public Hearing shall be scheduled for December 1, 2004 at 7:00 p.m. for
the Community Development Block Grant application regarding the Blodgett Mills area.
-7 Cp
NOVEMBER 17, 2004 TOWN BOARD MEETING PAGE 3
Attorney Folmer reported:
Noise Ordinance:
Attorney Folmer reminded the Board he requested comments regarding the proposed
Noise Ordinance at the November 3, 2004 Town Board Meeting. He received one comment
from Councilman Rocco regarding the revision of language, which he would change. Attorney
Folmer also spoke with Councilman O'Donnell regarding a section in the draft ordinance on
construction. The section is not appropriate due to the nature of the Town and would most likely
be eliminated.
Attorney Folmer stated he would make revisions to the draft ordinance and submit it to
Town Clerk Snyder for filing. The revision would be submitted to the Board by the December 1,
2004 Town Board Meeting.
Zoning Text Amendment:
Attorney Folmer apprised the Board his meeting with Walt Kalena and James Trasher of
Clough, Harbour & Associates for Tuesday, November 16, 2004, was cancelled and will be
rescheduled. He planned to submit the changes to the Zoning Text Amendment to the County
Planning Board by November 29, 2004 in order for it to be on the County's December agenda.
Attorney Folmer commented that when the Board holds a public hearing regarding the
Zoning Ordinance, they must discuss the ordinance rather than individual projects. Discussion
regarding individual projects should be had at the time the site plan reviews are presented for
individual projects. The Board must try and chorale the discussion at public hearings so that it is
germane to the ordinance. At some point somebody will bring an action "that asks us to decide
what was the intention of the Board when that ordinance was adopted." The information would
come from the minutes and the comments made at the public hearing. If there is discussion that
is not germane to the issue, the Board will not have a record that they can rely on to determine
intent in the future. He recalled the public informational hearing held regarding the Zoning
Ordinance, which turned into a discussion revolving around Wal-Mart.
Supervisor Thorpe stated he would be stern and not allow people to discuss Wal-Mart or
Lowe's at the public hearing for the Zoning Text Amendment, and would require that comments
pertain to the ordinance.
Cosmos Hill Drainage Ditch Request:
Attorney Folmer apprised the Board the Town received a request from Charlie Gibson on
Cosmos Hill Road to dig a 20-foot wide drainage ditch along northern and eastern boundaries of
his property. Mr. Gibson spoke with Highway Sup't. Carl Bush, who is in agreement with the
construction of the ditch. Attorney Folmer had a sketch of the property. Mr. Gibson was
prepared to give the Town the usual easement for the construction and maintenance of the
drainage ditch.
Councilman Testa questioned how the water would be directed, and was concerned that
the drainage ditch would negatively affect other properties and would not be a benefit.
Highway Sup't. Bush stated the drainage ditch would not change the direction of the
water. The water already goes down around Gibson's property, near Eric Barden's property on
Madden Lane. He did not believe the drainage ditch would cause problems for other properties.
Councilman Rocco suggested the Town look into a holding pond at the top of the hill,
which may be a solution.
Councilman Testa stated he would not be in agreement with the drainage ditch until the
Town's engineering firm looked into the situation further.
Supervisor Thorpe stated the moral of the story is that the next time a developer
approaches the Town and wants to build houses on top of hills, the Town should insist the
developer manage the layout of the development so that the same problem does not arise.
Attorney Folmer stated he would contact Clough, Harbour & Associates regarding the
matter.
NOVEMBER 17, 2004 TOWN BOARD MEETING PAGE 4
Emory Knight Junkyard Violation:
Attorney Folmer apprised the Board that Emory Knight removed 128 loads of debris,
including cars, trucks and utilities, off of the property. Emory knight, Attorney Folmer, and
Judge Casullo all agreed that the property is back to the state it was at when it was a non-
conforming use.
Councilman O'Donnell questioned what the next step was.
Attorney Folmer informed the Board that Mr. Knight planned to move to Florida.
However, the Town would continue to monitor the site.
No further comments or discussion were heard.
Councilman Rocco 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 5:30 p.m.
1
1
Respectfully submitted,
Karen Q. Snyder
Town Clerk
Town of Cortlandville