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HomeMy WebLinkAbout12-01-2004DECEMBER O1, 2004 PUBLIC HEARING NO. 1 7:00 P.M. COMMUNITY DEVELOPMENT BLOCK GRANT BLODGETT MILLS 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 submission of an application to New York State for funding under the Small Cities Community Development Block Grant (CDBG) Program for the Blodgett Mills area. 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; Bernie Thoma from Thoma Development Consultants; and News Reporter Patrick Ruppe from the Cortland Standard. Supervisor Thorpe called the Public Hearing to order. Town Clerk Snyder read aloud the Legal Notice, as published, posted and filed. Supervisor Thorpe commented on a "Letter to the Editor" published in the December 1, 2004 issue of the Cortland Standard, which blamed the County Legislature rather than the Town or the State for the grant application being denied in the past. Supervisor Thorpe offered privilege of the floor to Bernie Thoma. Bernie Thoma of Thoma Development Consultants explained this was the first of two public hearings to inform the public of basic information regarding the Community Development Block Grant (CDBG) program. Mr. Thoma provided the Informational Statement to the Board, which explains the rules and regulations of the CDBG program. The application must be filed with the State by April 4, 2005. Mr. Thoma explained the purpose of the first public hearing was not for the Town to discuss what it is proposing to do with the CDBG funds, but rather to allow the public to ask questions about the CDBG program in general. At the second public hearing, scheduled for March 2005, the Town would disclose what the intent of the application is. Councilman Testa questioned how many times the Town has submitted the CDBG application. Mr. Thoma informed the Board they have applied three times to the State, and once to the Federal Government in the 1990's. The Town has been persistent with its applications. Councilman O'Donnell questioned whether it was common for an application to be denied so many times. Mr. Thoma stated it is normal to apply for a grant several times, although Thoma Development has submitted several applications for other municipalities that were approved after the first application. .There is not an "exact science" to the selection process, but the number of applications submitted for grants outweighs the amount of money available. Councilman Rocco questioned whether the State was aware that the Town has applied for the CDBG in the past. According to Mr. Thoma the State is aware of how many times the Town has applied. Councilman Testa questioned whether the fact that the Town applied for the grant several times before would make a difference in the application process. Mr. Thoma was very optimistic about the upcoming grant application. He informed the Board that the gentleman who runs the CDBG program visited Blodgett Mills and was able to see firsthand the reasons why the grant is necessary. No further comments or discussion were heard. Councilman Testa made a motion, seconded by Councilman Rocco, to close the Public Hearing. All voting aye, the motion was carried. 1 1 The Public Hearing was closed at 7:05 p.m. DECEMBER 01, 2004 7:05 P.M. 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; Bernie Thoma from Thoma Development Consultants; and News Reporter Patrick Ruppe from the Cortland Standard. Supervisor Thorpe called the meeting to order. Councilman Rocco made a motion, seconded by Councilman O'Donnell, to approve the Town Board Minutes of August 4, 2004 as written. All voting aye, the motion was carried. Councilman Rocco made a motion, seconded by Councilman Testa, to approve the Town Board Minutes of September 1, 2004 as written. All voting aye, the motion was carried. Councilman Rocco made a motion, seconded by Councilman O'Donnell, to approve the Town Board Minutes of September 15, 2004 as written. All voting aye, the motion was carried. Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and file the Zoning Board of Appeals Minutes of August 17, 2004. All voting aye, the motion was carried. Councilman Testa made a motion, seconded by Councilman Rocco, to receive and file the Zoning Board of Appeals Minutes of August 31, 2004. All voting aye, the motion was carried. RESOLUTION #185 AUTHORIZE PAYMENT OF VOUCHERS - DECEMBER 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 #644 - 669 $ 84,371.93 General Fund B B 116 - B 117 $ 9,575.83 Highway Fund DB D423 - D444 $120,417.76 Water Fund W239 - W250 $ 22,357.19 Sewer Fund S 101 - S 106 $ 91,191.90 Trust & Agency T3 - T3 $ 27,729.29 Supervisor Thorpe offered privilege of the floor to those in attendance. Councilman Rocco questioned what the status of the SPCA was due to their severe funding problems, and wondered what responsibility the SPCA had to the Town if they were forced to close the shelter. Councilman O'Donnell informed the Board that the SPCA is running a radio ad asking for the public's help to keep the SPCA open by donating money or even donating bottles and cans. Councilman Testa questioned what the 2005 contractual amount is for the SPCA. Town Clerk Snyder apprised the Board the proposed contractual amount for the SPCA for 2005 is $19,800.00. To Attorney Folmer's knowledge, the SPCA is still open and operating. The Town has a contractual obligation with the SPCA until December 31, 2004. If the SPCA would not be able to DECEMBER 01, 2004 TOWN BOARD MEETING PAGE 2 operate in 2005, the Town should not execute the 2005 contract. Attorney Folmer suggested the Board contact the SPCA when in receipt of the the contract and prior to its execution. Councilman Rocco hoped the Cortland Standard would note that the Town encourages the public to support the SPCA. Town Clerk Snyder apprised the Board it has been difficult for the SPCA to fulfill its contractual obligations with the Town due to employee turnover. The SPCA does have contracts with other municipalities. Councilman O'Donnell apprised the Board he attended a meeting at the Cortland County Building Development Corporation (BDC) regarding the Build Now NY technology park. Three members of the Town Planning Board, members of the County Planning Board and other interested parties attended the meeting. The BDC hired an engineering firm to study the ramifications of the park, including lot size, roads, traffic, etc. Representatives of the BDC would like to attend the December 15, 2004 Town Board Meeting to discuss the Build Now NY technology park. The BDC hoped to sell the project in 2005, and would be asking for the Town's help regarding zoning and otherissues. Supervisor Thorpe questioned whether the BDC would be asking the Town for monetary help. Councilman O'Donnell stated the BDC did not mention monetary assistance, but did hope for cooperation from the Town regarding the project with issues such as zoning. The BDC was also going to invite the Town of Virgil to attend. Attorney Folmer apprised the Board that'under the proposed Zoning Ordinance, the site for Build Now NY would be zoned the way the BDC requested. Councilman O'Donnell stated the issue with zoning was with regard to the east side of Route 13. Supervisor Thorpe stated the BDC was welcome to attend the December 15, 2004 Board Meeting. Monthly reports for the Town Clerk for November 2004, and for the Town Justice for the month of October 2004, are on the table for review and filed in the Town Clerk's office. Town Clerk Snyder apprised the Board she had two communications to share regarding a resolution adopted by the Board at its September 15, 2004 meeting, supporting the restoration of traffic fine revenue. Senator James Seward and Assemblyman Robert Sweeney replied to the certified copies of the resolution forwarded to them by Town Clerk Snyder. Town Clerk Snyder also apprised the Board a teleconference will be held at the County Office Building on December 6th, 2004 at 6:15 p.m., regarding Town Boards and Town Clerks working together. Town Clerk Snyder would be attending the teleconference, along with Town Attorney Folmer. She offered to make reservations for any Board Member interested in attending. Attorney Folmer reported: Zoning Text Amendment: Attorney Folmer apprised the Board he met with representatives of Clough, Harbour & Associates on November 30, 2004 to review the most recent text version of the Zoning Ordinance. They successfully addressed the concerns that the County Planning Board exhibited. Clough, Harbour & Associates was presently in the process of revising the Ordinance. Once complete, Attorney Folmer would forward a copy to the County Planning Board. If the County Planning Board receives the revised Ordinance prior to the December 15, 2004 Town Board meeting, Attorney Folmer would ask the Board to establish a date for a public hearing to discuss the Ordinance. Cosmos Hill Drainage Ditch Request: Attorney Folmer reminded the Board that at the November 17, 2004 Town Board meeting they discussed the request from Charlie Gibson on Cosmos Hill to dig a 20-foot wide drainage ditch on his property. Attorney Folmer questioned whether the Board was ready to accept the easement. E DECEMBER 01, 2004 TOWN BOARD MEETING PAGE 3 Councilman O'Donnell questioned whether Highway Sup't. Bush was comfortable with the easement. Highway Sup't. Bush agreed to the acceptance of the easement. Councilman Testa stated he was much more informed about the easement than at the November meeting, and was comfortable accepting the easement. RESOLUTION #186 ACCEPT EASEMENT FROM CHARLES GIBSON FOR PROPERTY LOCATED ON COSMOS HILL ROAD Motion by Councilman O'Donnell Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby accept the easement for property owned by Charles Gibson, located at 4422 Cosmos Hill Road, a portion of tax map #76.00-02-24.000, to be used for a drainage ditch, subject to Town Attorney and Town Highway Superintendent approval. Emory Knight Junkyard Violation: Attorney Folmer apprised the Board that Emory Knight was in compliance with the Town's zoning requirements thanks to the efforts of Mr. Knight, the pressure from the Town, and Town Justice Casullo's cooperation. However, the Department of Environmental Conservation (DEC) has been at the site questioning whether or not the site has been contaminated. The DEC was contacted by an anonymous source who suggested the DEC investigate the site. Article. 78 Proceeding - MY Ryan, LLC. vs. Town of Cortlandville Planning Board: Attorney Folmer reminded the Board they granted an Aquifer Protection Permit for LDD Corp., for property located 3948 NYS Route 281, tax map #86.13-01-49.000, permitting the construction of a single bay car wash. The Town Planning Board approved the applicants Site Plan and Conditional Permit. However, the owners of Squeaky Clean Car Wash filed a petition for an Article 78 proceeding against the Town Planning Board, raising several issues as to the Planning Board's activities. Attorney Folmer stated he reviewed the issues in detail, and met with the Planning Board regarding the matter on November 30, 2004. Attorney Folmer did not intend to oppose the granting of an order by the court nulling the determinations by the Planning Board. The Planning Board would null the determinations at their December 28, 2004 meeting. Attorney Folmer made the decision based upon his review of the Planning Board's actions, and on some decisions that the judge would have to look at. Attorney Folmer spoke with representatives of LDD Corp. who were concerned with timing. He explained that even if the Artice 78 proceeding were argued today, it could be spring time before a determination was made. RESOLUTION #187 AUTHORIZATION TO PARTICIPATE IN THE "HOLIDAY ON ICE" PROGRAM WITH CORTLAND YOUTH BUREAU FOR THE 2004 HOLIDAY SEASON Motion by Councilman Rocco Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED WHEREAS, a request was received from the Cortland Youth Bureau, asking the Town to participate again this year in the Cortland "Holiday on Ice" program, therefore BE IT RESOLVED, the Town Board does hereby desire participation in the "Holiday on Ice" program for the 2004 Holiday Season, and does hereby authorize paying the suggested amount of $275.00 to accomplish the program. DECEMBER O1, 2004 TOWN BOARD MEETING PAGE 4 RESOLUTION #188 AUTHORIZATION TO RELEVY DELINQUENT WATER AND SEWER ACCOUNTS TO THE 2005 TAX ROLL OF THE TOWN Motion by Councilman Rocco Seconded by Councilman Pilato VOTES: ALL AYE ADOPTED WHEREAS, the list of delinquent accounts of the Water & Sewer Department of the Town was submitted, as required, therefore BE IT RESOLVED, the Town Board does hereby receive and forward the list of delinquent water and sewer accounts of the Town of Cortlandville to the Cortland County Real Property Tax Office, to be relevied onto the 2005 tax roll of the Town. Councilman Rocco made a motion, seconded by Councilman O'Donnell, to receive and file correspondence from Supervisor, Raymond Thorpe to Steven Munson of the NYS DOT regarding the corridor study for Route 281 and Route 13. All voting aye, the motion was carried. Councilman Pilato made a motion, seconded by Councilman Rocco, to receive and file correspondence from City of Cortland Mayor, Tom Gallagher, regarding the proposed projection for sales tax from Wal-Mart and Lowes. All voting aye, the motion was carried. Councilman Rocco made a motion, seconded by Councilman O'Donnell, to receive and file correspondence from Kevin Whitney, Deputy Chief of Operations for the Cortlandville Fire District, regarding the efforts of Water & Sewer Department employees, Peter Alteri, Jr., Jack Thornton, and Jeff MacLean at a recent tractor trailer motor vehicle accident. All voting aye, the motion was carried. Supervisor Thorpe directed that a copy of the correspondence be placed in each employee's personnel file. Councilman Rocco made a motion, seconded by Councilman O'Donnell, to receive and file correspondence from ,G. Jeffrey Haber, Executive Director of the Association of Towns, regarding the restoration of traffic fine moneys to local courts. All voting aye, the motion was carried. Supervisor Thorpe stated he would request Town Justice Casullo to respond to the letter from the Association of Towns. There was a brief discussion regarding the code violation of Thomas Keane for property located at 3594 Terrace Road. The Town of Cortlandville permits two un-inspected vehicles on property. According to CEO, Bruce Weber, Mr. Keane has four un-inspected vehicles on his property. Attorney Folmer apprised the Board this is the fourth time the matter has been referred to him. The Town's position is that the Zoning Ordinance should be enforced. The Town does not want to punish people, however because this is the fourth violation, he hoped Town Justice Casullo would impose a fine. RESOLUTION #189 REFER CODE VIOLATION OF THOMAS KEANE FOR PROPERTY LOCATED AT 3594 TERRACE ROAD TO TOWN ATTORNEY FOR REVIEW AND PROCEED AS REQUIRED Motion by Councilman O'Donnell Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED, BE IT RESOLVED, the code violation of Thomas Keane for property located at 3594 Terrace Road, Cortland, New York, tax map #96.09-02-08.000, 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. M DECEMBER 01, 2004 TOWN BOARD MEETING PAGE 5 RESOLUTION #190 AUTHORIZE HIGHWAY SUP'T. TO PURCHASE A NEW 10- WHEEL DUMP TRUCK WITH PLOW AND SANDER FROM THE STATE BID Motion by Councilman Pilato Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby authorize and direct Highway Sup't. Carl Bush, to purchase a new 10-Wheel Dump Truck with plow and sander from the State Bid list in anamount not to exceed $135,000, and it is further RESOLVED, the new 10-Wheel Dump Truck with plow and sander will replace a 1971 International Snow Fighter (4-wheel drive, single axle), and a 1986 International dump/plow/sander truck, which will both go auction. RESOLUTION #191 AUTHORIZE HIGHWAY SUP'T. TO PURCHASE A 1-TON DUMP TRUCK FROM THE STATE BID Motion by Councilman O'Donnell Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby authorize and direct Highway Sup't. Carl Bush, to purchase a 1-Ton Dump Truck from the State Bid list in an amount not to exceed $36,000, and it is further RESOLVED, the 1-Ton Dump Truck will replace a 1988 1-Ton Flat Bed Truck, which will go to auction. RESOLUTION #192 AUTHORIZE WATER & SEWER SUP'T. TO PURCHASE A PICK-UP TRUCK WITH PLOW FROM THE STATE BID LIST Motion by Councilman Pilato Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby authorize and direct Water & Sup't. Peter Alteri, Jr., to purchase a Pick -Up Truck with plow from the State Bid list in an amount not to exceed $28,000, and it is further RESOLVED, the Pick -Up Truck with plow will replace a 1991 1-Ton Truck with over 150,000 miles, which will go to auction. Supervisor Thorpe apprised the Board that a Cortlandville Highway Department employee retired, and requested the Board authorize Highway Sup't. Bush to hire an employee to fill the position. RESOLUTION #193 AUTHORIZE HIGHWAY SUP'T. TO HIRE AN EMPLOYEE TO REPLACE RETIRED HIGHWAY DEPARTMENT EMPLOYEE Motion by Councilman Pilato Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby authorize Highway Sup't. Carl Bush to hire an employee to fill the vacant position using the Highway pay schedule. DECEMBER O1, 2004 TOWN BOARD MEETING PAGE 6 Councilman Pilato made a motion, seconded by Councilman O'Donnell, to receive and file Cortland County Planning Board Resolution #04-47 regarding the Aquifer Protection Permit application of Stephen Jordan, NYS Route 13, tax map #105.00-01-30.000. All voting aye, the motion was carried. Councilman Rocco made a motion, seconded by Councilman Pilato, to receive and file Cortland County Planning Board Resolution 404-48 regarding the Aquifer Protection Permit application of Suburban Energy Services, US Route 11, NYS Route 41, tax map #87.04-01-17.000 and 87.04-01-18.000. All voting aye, the motion was carried. RESOLUTION #194 SCHEDULE PUBLIC HEARING FOR AN AQUIFER PROTECTION PERMIT APPLICATION SUBMITTED BY SUBURBAN ENERGY SERVICES FOR DECEMBER 15, 2004 Motion by Councilman Rocco Seconded by Councilman Pilato VOTES: ALL AYE ADOPTED BE IT RESOLVED, a Public Hearing shall be scheduled for December 15, 2004 at 5:00 p.m. for an Aquifer Protection Permit submitted by Suburban Energy Services for properties located off of Route 11 and NYS Route 41, tax map #87.04-01-17.000 and #87.04-01-18.000. Attorney Folmer apprised the Board there was no opposition or controversy connected to the Aquifer Protection Permit application of Suburban Energy Services at the November 30, 2004 Planning Board meeting. A public hearing was not requested to be scheduled for the Aquifer Protection Permit application submitted by Stephen Jordan because the Planning Board had not completed its analysis. Councilman Rocco questioned what the status of the proposed Super Wal-Mart was. Attorney Folmer informed the Board that Wal-Mart submitted an application for a Planned Unit Development (PUD) to. the Planning Board. While many do not believe Wal- Mart's application falls under the classification of a PUD, both Attorney Folmer and CEO, Bruce Weber both agree that it does. The first step in the PUD process is to conduct a sketch -review conference in which a preliminary sketch is presented, questions are asked, and suggestions are made. The Planning Board scheduled a Special Meeting to discuss the issue on December 14, 2004 at 6:30 p.m. No further comments or discussion were heard. 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 7:35 p.m. Respectfully submitted, i Karen Q. Snyder Town Clerk Town of Cortlandville