HomeMy WebLinkAbout08-07-2002AUGUST 07, 2002
PUBLIC HEARING NO. 1
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LOCAL LAW NO.3 - 2002
RETIREMENT INCENTIVE PROGRAM
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 establishing a retirement incentive program as authorized by Chapter 69, Laws of
2002 of the State of New York for the eligible employees of the Town of Cortlandville.
Members present:
Supervisor, Raymond Thorpe
Councilman, Theodore Testa
Councilman, Edwin O'Donnell
Councilman, Ronal Rocco
Councilman, John Pilato
Town Clerk, Karen Snyder
Others present were: Town Attorney, John Folmer; Highway Sup't., Carl Bush;
Water & Sewer Sup't., Peter Alteri; James Trasher of Clough, Harbour & Associates; Jill
Giocondo of the Cortland Standard; Mark Braun; Art Bell; Dr. Edward Steinfeldt, Don
Battin of Cortland Sports Complex; Gary Wood, P.E.; and Mr. and Mrs. Roger Karn.
Supervisor Thorpe called the Public Hearing to order.
The Town Clerk read aloud the Legal Notice, as published, posted and filed.
Supervisor Thorpe offered privilege of the floor to those in attendance.
No comments or discussions were heard.
Councilman Rocco made a motion, seconded by Councilman Testa, to close the
Public Hearing. All voting aye, the motion was carried.
The Public Hearing was closed at 7:01 p.m.
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AUGUST 07, 2002
PUBLIC HEARING NO.2
7:01 P.M.
LOCAL LAW - 2002
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:
Supervisor, Raymond Thorpe
Councilman, Theodore Testa
Councilman, Edwin O'Donnell
Councilman, Ronal Rocco
Councilman, John Pilato
Town Clerk, Karen Snyder
Others present were: Town Attorney, John Folmer; Highway Sup't., Carl Bush;
Water & Sewer Sup't., Peter Alteri; James Trasher of Clough, Harbour & Associates: Jill
Giocondo of the Cortland Standard; Mark Braun; Art Bell; Dr. Edward Steinfeldt; Don
Battin of Cortland Sports Complex; Gary Wood, P.E.; and Mr. and Mrs. Roger Karn.
Supervisor Thorpe called the Public Hearing to order.
The Town Clerk read aloud the Legal Notice, as published, posted, and filed.
Supervisor Thorpe offered privilege of the floor to those in attendance.
Attorney Folmer stated there is a distinction between Bingo, which was previously
authorized by Local Law, and Games of Chance. If the Board chooses to adopt the Local
Law, it will not be effective until approved by a majority vote at the November, 2002
election. Attorney Folmer stated it is necessary to give the Board of Elections time to print
the question on the ballot for it to be voted upon.
Attorney Folmer stated the Village of McGraw is excluded from Games of Chance.
If the Village of McGraw would like to permit Games of Chance they must pass their own
local law to be applied within the boundaries of the Village.
Councilman O'Donnell questioned whether Village of McGraw residents may vote
on Games of Chance once it is on the November ballot, due to the fact they are residents of
the Town of Cortlandville.
Attorney Folmer stated Village of McGraw residents may vote.
No further comments or discussions were heard.
Councilman Testa 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 7:04 p.m.
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AUGUST 07, 2002
PUBLIC HEARING NO. 3
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AQUIFER PROTECTION PERMIT
BRUENCH INCORPORATED (DOUG'S FISH FRY)
3638 ROUTE 281
TAX MAP #95.12-01-08.000
A Public Hearing was held by the Town Board of the Town of Cortlandville at the
Town Hall, 3577 Terrace Road, Cortland, New Fork, concerning an Aquifer Protection
Permit permitting the expansion of a present facility known as Doug's Fish Fry, and the
upgrading and improvement of the present parking lot, located at 3638 Route 281, tax map
#95.12-01-08.000.
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, James Trasher of Clough, Harbour & Associates; Jill
Giocondo of the Cortland Standard; Mark Braun; Art Bell; Dr. Edward Steinfeldt: Don
Battin of Cortland Sports Complex; Gary Wood, P.E.; and Mr. and Mrs. Roger Karn.
Supervisor Thorpe called the Public Hearing to order.
The Town Clerk read aloud the Legal Notice, as published, posted, and filed.
Supervisor Thorpe offered privilege of the floor to those in attendance.
Art Bell, builder for the proposed project, apprised the Board the six issues brought
Lip at the July 30, 2002 Planning Board meeting have all been addressed. Mr. Bell
introduced the engineer for the project, Gary Wood, P.E., and asked that any questions
regarding the Aquifer Protection Permit be directed to Mr. Wood.
Councilman Testa questioned Mark Braun whether he checked with the DOT
regarding the future Route 281/Route 13 Corridor construction, and whether it would
affect Doug's Fish Fry.
Mark Braun stated Gene Celento, P.E., advised him the future road construction on
Route 281/Route 13 would not affect the business and what they have proposed.
Councilman Testa questioned whether there will continue to be outdoor seating.
Mr. Braun stated the outdoor seating will remain in front of the building. There are
two parcels on each side of the building, which is proposed to be further outdoor seating.
If the Route 281 construction presents a problem for outdoor seating, the tables may be
moved to the sides of the building. He stated plans are available for the Board to review if
necessary.
Councilman Rocco questioned if there was a map available for the Board to look at.
Mr. Braun stated a map is available.
Attorney Folmer questioned Mr. Braun if he understood he may be required to
relocate the outdoor seating when the Route 281/Route 13 Corridor construction takes
place.
Mr. Braun stated he was aware the outdoor seating may have to be moved if and
when the road construction begins.
Councilman Rocco questioned whether the parking area would be tarred.
Mr. Braun stated the parking area will be paved and striped, and sidewalks will be
put in.
Councilman Testa questioned whether the DOT informed Mr. Braun where the
roadway would extend to.
Gary Wood, P.E., stated the line on the map shows the approximate road
construction, which would extend about ten feet onto the present property. Mr. Wood
stated they would be applying for a Driveway Permit under the present conditions.
AUGUST 07, 2002 PUBLIC HEARING NO. 3 PAGE 2
Town Clerk Karen Snyder interjected and stated Route 281
transportationlreconstruction maps are available in the Town Clerk's office along with
manuals. The maps and manuals, which were filed about a year ago, show the property
the DOT will be taking as well as how wide the road will be.
Councilman O'Donnell questioned whether both the Town Planning Board and the
County Planning Board approved the Site Plan for Doug's Fish Fry.
Attorney Folmer stated the County Planning Board recommended approval for the
Site Plan with six conditions, while the Town Planning Board approved the Site Plan
subject those six conditions.
No further comments or discussions were heard.
Councilman Testa made a motion, seconded by Councilman Rocco, to close the •
Public Hearing. All voting aye, the motion was carried.
The Public Hearing was closed a17:OS p.m.
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AUGUST 07, 2002
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 Fork, 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 Snyder
Others present were: Town Attorney, John Fohmer; Highway Sup't., Carl Bush;
Water & Sewer Sup't., Peter Alteri; James Trasher of Clough, Harbour & Associates; Jill
Giocondo of the Cortland Standard; Mark Braun; Art Bell; Dr. Edward Steinfeldt; Don
Battin of Cortland Sports Complex; Gary Wood, P.E.; and Mr. and Mrs. Roger Kam.
Supervisor Thorpe called the meeting to order following three scheduled Public
Hearings.
Motion by Councilman Rocco
Seconded by Councilman O'Donnell
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the vouchers submitted have been audited and shall be paid as
follows:
General Fund A
Vouchers #341 - 367
$
19,247.52
General Fund B
B98 - 104
$
6,432.22
Highway Fund DB
D272 - D287
$
62,610.97
Water Fund
W161 - W178
$176,595.50
Sewer Fund
S78 - S80
$
55,526.19
Capital Projects
H28 - H29
$
2,098.92
Supervisor Thorpe apprised those in attendance of the August 12, 2002 issue of
U.S. News & World Rep, in which an article was published regarding the future of
water. He stated the Town is fortunate in comparison to many parts of the country where
water and its availability are crucial issues. Supervisor Thorpe stated the article, which is
non -political in nature, would be available at the Town Clerk's Office.
Supervisor Thorpe offered privilege of the floor to Dr. Edward Steinfeldt.
Dr. Edward Steinfeldt, of Kinney Gulf Road, apprised the Board of a memo he
sreceived addressed to Supervisor Thorpe and the Board from Town Assessor, David
Briggs, regarding the water benefit tax on his parcel #86.13-01-03.000.
Between 1991 and 1997 the parcel was charged a water benefit tax based on 1.40
units. In 1997 the water benefit tax was removed based on a request from Dr. Steinfeldt,
due to the f act the water line is across the street from the property.
Dr. Steinfeldt stated he wrote a letter to the Board asking for a reimbursement for
the overpayment of the water benefit tax on the parcel. In 1991, land to the west of Dr.
Steinfeldt was subject to a water tax of $255.00. The water benefit tax was removed the
following year.
Dr. Steinfeldt stated according to the memo written by Assessor Briggs and the
Town's policy, "water need only to be available to a properly in order for it to be
benefited", and continued to state it "includes when a water line is across the street from a
vacant parcel." Dr. Steinfeldt stated he does not consider water accessible to his property
when a pipe must first be run underneath the road to the property and then tapped by the
Town.
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AUGUST 07, 2002 TOWN BOARD MEETING PAGE 2
Dr. Steinfeldt stated had Assessor Briggs believed the property benefited from the
water line located across the street, he would not have removed the water benefit tax. He
continued to state had he known he would be taxed for water on vacant property he would
have had the Town run water across the road to his barn at the time the line was put in.
Dr. Steinfeldt stated it is up to the Board to decide what is fair and just, in regards to
the water benefit tax.
Councilman Rocco questioned whether Dr. Steinfeldt felt the value of the farm
property sold benefited as a result of the water line passing through the farm property.
Dr. Steinfeldt stated he did not believe the value of the property had increased due
to the water line being run under the ground.
Supervisor Thorpe stated it is the Town's position if water is in the vicinity of a
piece of property, the parcel becomes much more valuable. Although Dr. Steinfeldt elected
not to run water across the road to his property, it does not mean a future owner would not
take advantage of it. Regardless of whether the water is being utilized, it is available.
Dr. Steinfeldt reemphasized he does not feel water is available to his property when
the only way to access the water is to run a line underneath the road.
Councilman Testa stated it has always been the Town's policy for the property
owner to pay the water benefit tax when water is available, and offered an example of a
similar situation regarding a property owner on Hillside Drive. The owner was required to
pay the water benefit tax because water was available across the road, even before
bringing water to the property. The property owner was also required to pay for the
hook-up.
Dr. Steinfeldt stated it must not have been Town policy when Melvin Pierce was
Town Supervisor as they agreed he would not be taxed. He stated Assessor Briggs must
not believe it is Town policy either since he removed the water benefit tax.
Councilman Rocco stated there is a lot involved in making a decision regarding Dr.
Steinfeldt's water benefit tax refund request. He stated he would like the opportunity to
think about the issue and discuss the matter with other members of the Board. He asked to
be refreshed on the way water is taxed. He questioned whether water was taxed on road
frontage or usage.
Highway Sup't. Bush stated water is taxed per every hundred feet or by usage,
which ever is larger.
Town Clerk Snyder stated water may also be taxed by the number of units on the
property.
Councilman Testa reverted back to the example he offered earlier regarding the
property owners on Hillside Drive who requested the Town pay for their water hook-up.
The Board denied the request and the property owners had to pay to run the line to their
property.
Supervisor Thorpe stated there will always be a cost of developing property.
Councilman Rocco stated such issues will continue to arise.
Councilman O'Donnell stated it does not matter what side of the road the water line
is actually on. The point is that the water is available.
Attorney Fohmer questioned Highway Sup't. Bush if the property owner simply had
to ask the Town to run the line across the road.
Highway Sup't Bush stated the property owner could hire someone to run the line.
However, it is up to the Town to tap into the water main, which is a safety issue to ensure
there is no pollution.
Attorney Folmer requested the Board wait till the September 4', 2002 Town Board
Meeting bef ore making any decisions.
RESOLUTION #159 TABLE WATER BENEFIT TAX RELIEF REQUEST OF
DR EDWA M STEINFELDT
Motion by Councilman Rocco
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby table the water benefit tax relief request
of Dr. Edward Steinfeldt for property located on Kinney Gulf Road, tax map #86.13-01-
03.000 until September 0, 2002.
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AUGUST 07, 2002 TOWN BOARD MEETING PAGE 3
Supervisor Thorpe offered privilege of the floor to Mr. Don Battin, regarding
Cortland Sports Complex.
Don Battin apprised the Board of the Cortland Sports Complex is trying to close a
$300,000.00 gap between its budget and the contract. He questioned whether the Board
would waive the building permit fees.
Councilman Rocco stated, unfortunately the Board cannot waive the fees.
Attorney Folmer stated the building permit fee is an asset of the Town. There is a
constitutional provision prohibiting the Town from giving away public property.
Attorney Folmer stated there is current action in the legislature to ease restrictions
regarding public participation in not -for -profit organizations. However, such legislation
has not yet been enacted. At this point in time it is constitutionally prohibited to give away
public money unless it is specifically authorized in the Town Law.
Attorney Folmer stated he would report back to the Board regarding the request at
the September 4, 2002 meeting, as he will not be attending the August 21", 2002 meeting.
Mr. Battin questioned when the new fee schedule was adopted and whether the
Town would consider charging Cortland Sports Complex the old fee for its building
permit.
Attorney Folmer questioned if the site plan was submitted prior to May 1', 2002,
which was the date the new fees were adopted.
Mr. Battin stated he would inquire as to when the plans were submitted.
Attorney Folmer urged Mr. Battin to find out the date when the plans were
submitted.
Monthly reports for the Town Clerk and Supervisor for July 2002, are on the table
for review and filed in the Town Clerk's office.
Councilman Rocco made a motion, seconded by Councilman Testa, to receive and
file Cortland Free Library annual report for 2001. All voting aye, the motion was carried.
There was a brief discussion regarding Local Law No. 3 of 2002, electing a
retirement incentive program for eligible Town employees.
Attorney Folmer indicated the statutory enablement requires the Town to pay the
installment to fund the retirement system in either one or five installments. He stated he
spoke with Town Bookkeeper, Marcia Hicks, on July 30t`, 2002, who advised him the
retirement could be paid in one installment. Therefore, Local Law No. 3 of 2002 states the
Town will pay in one installment.
RESOLUTION #160 ADOPT LOCAL LAW NO. 3 OF 2002 ELECTING A
RETIREMENT INCENTIVE PROGRAM AS AUTHORIZED
BY CHAPTER 69, LAWS OF 2002 FOR THE ELIGIBLE
EMPLOYEES OF THE TOWN OF CORTLANDVILLE
Motion by Councilman Rocco
® Seconded by Councilman O'Donnell
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 "Retirement Incentive Program" as authorized by Chapter
69, Laws of 2002 for the eligible employees of the Town of Cortlandville, and
WHEREAS, notice of said public hearing was duly published in the Cortland Standard,
the official newspaper of the said 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
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AUGUST 07, 2002 TOWN BOARD MEETING PAGE 4
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. The Town of Cortlandville hereby elects to provide all of its eligible employees
with a retirement incentive program authorized by Chapter 69, Laws of 2002.
Section 2. The commencement date of the retirement incentive program shall be October 3,
2002.
Section 3. The open period during which eligible employees may retire and receive the
additional retirement benefit, shall be 90 days in length.
Section 4. The actuarial present value of the additional retirement benefits payable
pursuant to the provisions of this local law shall be paid as one lump sum, or in five
annual installments. The amount of the annual payment shall be determined by the
Actuary of the New York. State and Local Employees' Retirement System, and it
shall be paid by the Town of Cortlandville for each employee who receives the
retirement benefits payable under this local law.
Section 5. This act shall take effect when filed with the Secretary of State as required by
law.
RESOLUTION #161 ADOPT LOCAL LAW NO. 4 OF 2002 AUTHORIZING
GAMES OF CHANCE BY AUTHORIZED
ORGANIZATIONS WITHIN THE TOWN OF
CORTLANDVILLE EXCLUSIVE OF THE VILLAGE OF
MC (JRAW
Motion by Councilman Rocco
Seconded by Councilman Testa
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 is
Be it enacted by the Town Board of the Town of Cortlandville as follows:
Section t StatutoryAuthority: 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.
AUGUST 07, 2002
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B. As used in this Local Law, the following terms shall have the meanings
indicated:
1. "The Chief Law Enforcement Officer of the [name of County]" means
the Sheriff of Cortland County.
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.
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 adopting this local law would place it on the ballot for voter
approval. The Board of Elections needs a 56-day notice to place Games of Chance on the
® November 2002 ballot.
Town Attorney Folmer and the Board reviewed the Short Environmental
Assessment Form submitted by Mark Braun for Bruench Incorporation (Doug's Fish Fry).
RESOLUTION #162 DECLARE NEGATIVE IMPACT FOR AQUIFER
PROTECTION O, 2002 SUBMITTED
MARK BRAUN FOR PROPERTY LOCATED
AT 3638 NIS ROUTE T
Motion by Councilman Testa
Seconded by Councilman Rocco
VOTES: ALL AYE ADOPTED
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AUGUST 07, 2002 TOWN BOARD MEETING PAGE 6
WHEREAS, an Aquifer Protection Permit application was submitted by Mark Braun, for
Bruench Incorporation (Doug's Fish Fry), for property located at 3638 NYS Route 281
permitting the expansion and renovation of the current facility as well as to improve the
parking lot, tax map #95.12-01-08.000, and
WHEREAS, the Town Board as Lead Agent, duly reviewed and completed the Short
Environmental Assessment Form, therefore
BE IT RESOLVED, the Town Board as Lead Agent, does hereby declare the proposed
project of Mark Braun, Aquifer Protection Permit #7 of 2002, shall have no significant
environmental impact.
RESODUTION #163 AUTHORIZE SUPERVISOR TO SIGN SEQRA •
APPLICATION OF AQUIFER PROTECTION PERMIT #7
OF 2002
Motion by Councilman Testa
Seconded by Councilman Rocco
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Supervisor is hereby authorized and directed to sign the SEQRA
application relating to Aquifer Protection Permit #7 of 2002, submitted by Mark Braun for
Bruench Incorporation.
RESOLUTION #164 APPROVE AQUIFER PROTECTION PERMIT #7 OF 2002
SUBMITTED BY MARK BRAUN FOR PROPERTY
LOCATED AT 3638 NYS ROUTE 281 SUBJECT TO
TO CONDITIONS
Motion by Councilman Testa
Seconded by Councilman Rocco
VOTES: ALL AYE ADOPTED
WHEREAS, the Cortland County Planning Department and the Town Planning Board
have reviewed and recommended approval of this Aquifer Protection Permit application
subject to conditions, and
WHEREAS, a Public Hearing was duly held by this Town Board, therefore
BE IT RESOLVED, the Town Board does hereby approve Aquifer Protection Permit #7
of 2002, submitted by Mark Braun for property located at 3638 NYS Route 281 owned by
Bruench Incorporation (Doug's Fish Fry) permitting the expansion and renovation of the
current facility as well as to improve the parking lot, tax map #95.12-01-08.000, subject to
the following conditions:
1. A stormwater pollution prevention plan being developed by the applicant for the
site and approved by the Town.
2. Snow removal/storage from the parking area being addressed.
3. Barriers (such as a wheel stop) being placed along the south and east property lines
to control traffic flow by preventing traffic from driving through parking spaces as a
means of accessing this property.
4. Review by and the approval of the proposed building location and driveway
entrance by the NYS Department of Transportation (DOT) to insure that the project
is in compliance with the proposed NYS Route 281 reconstruction project.
5. The Town reviewing this project as to its conformance with the site design criteria
as outlined in the recently prepared Town of Cortlandville Land Use and Aquifer
Protection Plan.
6. A negative declaration of environmental impact under SEQR.
AUGUST 07, 2002 TOWN BOARD MEETING PAGE 7
Town Clerk Snyder apprised the Board there are three certiorari actions to be
received and filed. The three assessment lawsuits were brought by Dominion
Transmission, Inc. Pall Trinity Micro, and New York State Electric & Gas.
Attorney Folmer stated the action by Pall Trinity Micro is the second lawsuit
pending. He stated he spoke with the attorney at Bond, Schoeneck & King LLP,
representing Pall Trinity Micro, as there is a jurisdictional problem. One must file and
serve the papers within a certain period of time after the filing of the final role. The lawsuit
must also be brought before a court within a certain number of days. Judge Rumsey filed
the action in Broome County. The lawsuit would not have been brought before the court
within the number of days allowed. Attorney Folmer stated he agreed with Bond,
Shoeneck & King, LLP to put the action on a different calendar to eliminate the
jurisdictional issue.
Attorney Folmer stated he suggested he meet with Bond Shoeneck & King, LLP
once the Wellhead Protection Plan is adopted to resolve both issues.
RESOLUTION #165 ACKNOWLEDGE RECEIVING "NOTICE OF PETITION"
FOR REVIEW OF ASSESSMENTS
Motion by Councilman Rocco
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, The Town Board does hereby acknowledge, by receiving and filing,
the "Notice of Petition", regarding their current assessments, from Dominion Transmission,
Inc.
RESOLUTION #166 ACKNOWLEDGE RECEIVING "NOTICE OF PETITION"
FOR REVIEW OF ASSESSMENTS
Motion by Councilman Rocco
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, The Town Board does hereby acknowledge, by receiving and filing,
the "Notice of Petition", regarding their current assessments from the following:
Pall Trinity Micro Corp. Tax Map #'s: 95.12-01-07.000
95.00-05-12.000
95.00-05-13.000
RESOLUTION #167 ACKNOWLEDGE RECEIVING "NOTICE OF PETITION"
FOR REVIEW OF ASSESSMENTS
Motion by Councilman Rocco
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, The Town Board does hereby acknowledge, by receiving and filing,
the "Notice of Petition", regarding their current assessments, from New York State Electric
& Gas.
Town Clerk Snyder apprised the Board voting district 14-6 has been moved from
the Grange located on the corner of NYS Route 281 and Route 222, to the Methodist
Church located at 734 Route 222. The Board of Elections has moved the voting district for
many reasons. With the reconstruction of Route 281 the Grange will no longer be located
on the corner of Route 281 and Route 222. Other issues such as handicap accessibility and
poor lighting also affected the decision to move the voting district to a new location.
Councilman Testa stated the decision should be vested with the Board rather than
the Board of Elections.
AUGUST 07, 2002 TOWN BOARD MEETING PAGE 8
Town Clerk Snyder stated she has a meeting August 80, 2002 with a gentleman
from the Methodist Church. She stated there may be a problem with the storing of the
voting machines.
Councilman Rocco questioned how the church was recommended.
Town Clerk Snyder stated the Methodist Church was recommended and that she
was one of the individuals who recommended the new site.
Town Clerk Snyder asked the Board to keep in mind voting district 14-6 has about
1500 registered voters, which is the largest voting district at the general election.
Supervisor Thorpe suggested the Board allow Town Clerk Snyder to investigate the
issue and apprise the Board at the next meeting. With the reconstruction of Route 281, the
voting district would eventually be forced to relocate. He stated the Board should
therefore not complain about the relocation.
Town Clerk Snyder stated the Town pays the Grange for rental of the machines. At
this time the Methodist Church will not accept any rental fee and the trustees are not
requesting a storage fee.
Councilman Testa -requested Attorney Folmer provide him with written
documentation stating it is the Board of Election's responsibility to choose where voting
will take place.
Attorney Folmer stated he would provide Councilman Testa with the information.
Attorney Folmer Reported:
Wellhead Protection Plan:
Attorney Folmer stated he submitted a revision of the Wellhead Protection
ordinance to the County Planning Board Thursday, August 11, 2002, which met their
requirements of being submitted prior to their next meeting.
Attorney Folmer stated a copy of the revision would be supplied to the following
people: Cortlandville Town Board members: Supervisor Thorpe; Councilman Testa;
Councilman O'Donnell; Councilman Pilato; Councilman Rocco; Town Clerk, Karen Q.
Snyder; CEO Bruce Weber; Zoning Board of Appeals Chair, David Plew; Planning Board
Chair, Kathy Wickwire; Planning Board member Nick Renzi; City of Cortland Mayor,
Mary Leonard; James Trasher of Clough, Harbour & Associates; Robert Shafer; Ted
Hoffman; Phil Simon of MVE Homes; Roy Susskind, CEO of J.M. Murray Center and
owner of Cortlandville Sand & Gravel; Attorney Mike Shafer; Mike Chernago representing
S.C.W.P. and Bestway Enterprises; Michael Kubarek of Borg Warner; Robert Ferris of
Ferris Real Estate; City of Cortland Water Board; and Cortland County BDC/IDA
Executive Director, Linda Harstock.
Attorney Folmer stated a memo accompanies the Wellhead Protection ordinance
revision. The memo states, upon receiving the County Planning Board's response, it is
Attorney Fohmer's intent to schedule three meetings.
Attorney Folmer stated the first meeting will be scheduled with the industrial
representatives who appeared before the Board at the Public Hearing. The second meeting
scheduled shall be with Mike Shafer and Ted Hoffman to discuss procedure. The third
meeting will be held with Town personnel to review the material gathered as a result of the
first two meetings.
Attorney Folmer continued to read the memo submitted with the Wellhead
Protection ordinance. He then read the "Preliminary Statement" of the ordinance, followed
by a provision added to the section entitled "General Provisions".
In effect, if an applicant's activity has been identified as having the potential to cause
groundwater contamination and can demonstrate to the Zoning Officer and Planning Board
the way they conduct business will not cause an adverse affect, the applicant will be
exempt from the provisions of the ordinance.
Attorney Folmer stated he does not intend to discuss the ramifications of the
ordinance until the three meetings have been held.
He stated there are ten or fifteen amendments to the zoning ordinance that will need
to be made in order for the Wellhead Protection ordinance to comply.
Councilman Testa commended Attorney Folmer for his hard work and stated, on
behalf of the Board, he has done a wonderful job with the Wellhead Protection Plan.
AUGUST 07, 2002
TOWN BOARD MEETING
PAGE 9 13
Conveyance of Hobart Hill Properly:
Attorney Folmer stated he has the deed for property located on Hobart Hill Road
for Supervisor Thorpe to sign. Once the deed is signed, Attorney Folmer stated he would
go over the land description once again with Mr. Bernard Glazier, make any necessary
adjustments, collect the agreed upon $300.00 as well as the cost to record the documents,
and deliver the deed.
There was a brief discussion between Attorney Fohner and Town Clerk Snyder
regarding the Retirement Incentive. Attorney Folmer stated enactment must be no later than
September 3`, 2002, and filed in accordance with the Department of State and its
regulations. He apprised Town Clerk Snyder the paperwork could be signed and
submitted this week.
Attorney Folmer asked the Board to convene to an Executive Session to discuss a
personnel matter following the Regular Town Board Meeting.
SEQRA for New Limehollow Well:
Attorney Folmer asked the Board to post�one any action on the SEQRA form for
the new Limehollow Well until the September 4 , 2002 Board meeting, as he has not had
the opportunity to review the Full Environmental Assessment Form. Attorney Folmer
stated he must have time to review the application to ensure the document is complete and
adequate for purposes of approving the project.
Country Inns & Suites:
Attorney Folmer stated the Planning Board has asked Clough, Harbour &
Associates to complete a Long Environmental Impact Statement. Therefore, the Board
does not have to act with regard to the Full Environmental Assessment Form.
Supervisor Thorpe questioned whether the Board should receive and file the
information regarding the Country Ins and Suites.
Attorney Folmer stated the Board should receive and file the information, but take
no action.
RESOLUTION #168 RESOLUTION TO BE PAID DIRECTLY ALL OF TOWN'S
SHARE OF COUNTY SALES TAX.
Motion by Councilman Rocco
Seconded by Councilman O'Donnell
VOTES: ALL AYE ADOPTED
RESOLVED, that the Town of Cortlandville pursuant to Tax Law Section 1262 elects to
be paid directly all of its share of the county sales taxes which would otherwise be applied
to reduce the county taxes levied upon real property in the Town of Cortlandville, and be it
further
RESOLVED, that pursuant to Town Law Section 1262, this resolution shall be effective
commencing with the calendar year 2003, and it is further
RESOLVED, that the Cortlandville Town Clerk shall forward a certified copy of this
Resolution to the Cortland County Treasurer and the Cortland County Director of Real
Property Tax Services by registered or certified mail before September 01, 2002.
RESOLUTION #169 AUTHORIZE APPROVAL OF CHANGE ORDER #1 FOR
THE PAGE GREEN WATER IMPROVEMENT PROJECT
IN THE AMOUNT OF $953.49
Motion by Councilman O'Donnell
Seconded by Councilman Rocco
VOTES: ALL AYE ADOPTED
19
AUGUST 07, 2002 TOWN BOARD MEETING PAGE 10
WHEREAS, the original contract sum for Masciarelli Construction for the Page Green
Road Water & Sewer and Crestwood Court Sewer Improvements was $592,000.00, and
WHEREAS, the contractor was directed to change the contract to include the placement of
an oversized stone in the ditch -line of Page Green Road, therefore
BE IT RESOLVED, the Town Board does hereby authorize the approval of Change Order
#1 for the Page Green Water & Sewer and Crestwood Court Sewer Improvement Project
in the amount of $953.49.
RESOLUTION #170 AUTHORIZE SUPERVISOR TO TRANSFER $5,000.00
FROM THE SEWER SURPLUS FUND TO THE CAPITAL
PROJECT SEWER FUND FOR THE HIGHLAND ROAD
SEWER PROJECT
Motion by Councilman Rocco
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
WHEREAS, the Bookkeeper has requested a cash advance be transferred from the Sewer
Surplus Fund to the Capital Project Sewer Fund for the Highland Road Sewer Project,
therefore
BE IT RESOLVED, the Supervisor is hereby authorized and directed to transfer $5,000.00
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.
RESOLUTION #171 AUTHORIZE BRUCE WEBER, CEO TO ATTEND THE
NYS BUILDING CODES CONFERENCE
Motion by Councilman O'Donnell
Seconded by Councilman Rocco
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, Bruce Weber, CEO is hereby authorized to attend the New York State
Building Codes Conference to be held in Buffalo, New York from September 110`, 2002
through September 13th, 2002.
RESOLUTION #172 REFER AQUIFER PROTECTION PERMIT APPLICATION
OF DAVID LAW TO THE TOWN AND COUNTY
PLANNING BOARDS FOR THEIR REVIEW AND
RECOMMENDATIONS
Motion by Councilman Rocco
Seconded by Councilman Pilato
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Aquifer Protection Permit Application submitted by David Law
for his property located on Route 41, Polkville, tax map #87.00-04-04.000, shall be
referred to the Town and County Planning Boards for their review and recommendations.
Councilman Testa made a motion, seconded by Councilman Rocco, to receive and
file information regarding the proposed construction of the Country Inns and Suites, NYS
Route 281. All voting aye, the motion was carried.
15-
AUGUST 07, 2002 TOWN BOARD MEETING PAGE 11
Supervisor Thorpe stated Councilman Rocco has suggested the Board defer action
regarding Dr. Edward Steinfeldt's request for reimbursement for the overpayment of the
water benefit tax on his parcel, tax map #86.13-01-03.000. Supervisor Thorpe asked the
Board to take action regarding the issue.
Councilman Rocco stated, unless Attorney Folmer would like to investigate the
issue further, the Board should make its decision.
Attorney Folmer stated the benefit tax states, if water is available the tax must be
paid. It was his opinion that if water could be connected after making a simple phone can,
water was therefore available. He stated if the Town relieves Dr. Steinfeldt of the benefit
tax, other residents will request reimbursement.
Supervisor Thorpe stated the logic behind the Board's position is foolproof.
Councilman Rocco questioned if any Board member knew what deal Dr. Steinfeldt
had with Melvin Pierce, former Supervisor.
Supervisor Thorpe stated the Board has nothing in writing in respect to an
agreement Dr. Steinfeldt had with Mr. Pierce. He continued to state a portion of the water
benefit tax has already been forgiven.
Councilman Rocco stated he would like to postpone any action on this issue as Dr.
Steinfeldt has left the Town Board Meeting and did not anticipate any action regarding this
issue until the September 4', 2002 meeting.
Attorney Folmer stated the Comptroller may have written an opinion concerning
this matter. He stated he would like to investigate the issue.
Town Clerk Snyder stated, as Tax Collector she would like to have the opportunity
to locate the old tax bills for Dr. Steinfeldt's property to ensure the correct amount is
refunded if the Board chooses to do so.
Councilman Pilato stated Attorney Folmer should be allowed to research the topic.
Attorney Folmer stated Rerob, LLC submitted a draft of their Full Environmental
Impact Statement. The Board has thirty days to decide whether or not the statement is
complete. Clough, Harbour & Associates will review the form and advise the Board as to
whether or not it is complete.
James Trasher of Clough, Harbour & Associates stated he will apprise the Board at
the August 21', 2002 Town Board meeting.
Councilman Pilato 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 8:09 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.
RESOLUTION #173 AUTHORIZE SUPERVISOR TO SIGN AGREEMENT
WITH THOMA DEVELOPMENT CONSULTANTS FOR
GRANT WRITING SERVICES COMMENCING MAY 2002
Motion by Councilman O'Donnell
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to
sign an agreement with Thoma Development Consultants for grant writing services
commencing May 2002, for a cost not to exceed $1,200.00 a year.
16
AUGUST 07, 2002 TOWN BOARD MEETING PAGE 12
Councilman O'Donnell made a motion, seconded by Councilman Testa, to adjourn
the Regular Meeting. All voting aye, the motion was carried.
The meeting was adjourned at 8:48 p.m.
Respectfully submitted,
area Q. Snyder
Town Clerk
Town of Cortlandville
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