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HomeMy WebLinkAbout10-02-200290 OCTOBER 02, 2002 7:00 P.M. I011AWN.161193133)1MoIIill 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: Absent: Supervisor, Raymond Thorpe Councilman, Theodore Testa Councilman, Edwin O'Donnell Councilman, Ronal Rocco Town Clerk, Karen Snyder Councilman, John Pilato Others present were: Town Attorney, John Folmer; Highway Sup't., Carl Bush; Water & Sewer Sup't., Peter Alteri; Planning Board Member, Nick Renzi; Jill Giocondo of the Cortland Standard; Robert Neville; John Crannage; and Donald Richards. Supervisor Thorpe called the meeting to order. Motion by Councilman Rocco 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 #453 - 467 $ 16,359.75 General Fund B B 122 - B 127 $ 21,468.26 Highway Fund DB D353 - D369 $ 33,203.20 Water Fund W213 - W221 $ 12,809.46 Sewer Fund S% - S99 $ 26,826.84 Capital Projects H31 - H32 $ 30.60 Supervisor Thorpe offered privilege of the floor to Robert Neville. Robert Neville, of Oakcrest Street, stated Town.Highway Sup't. Carl Bush blocked off the end of Oakcrest Street with barriers. He stated he could not access his property due to the barriers constructed by the Town. He stated he could walk to his property, but was told he would get arrested or fined for trespassing on Town property. Mr. Neville apprised the Board he bought his fifty -acres of land from Mr. Neiderhofer. He stated Mr. Neiderhofer gave the Town a right-of-way or a deed for the purposes of constructing a road, or installing water, sewer or electric. Supervisor Thorpe stated his understanding of the problem was the Town Highway Department constructed a road in the Town right-of-way. Attorney Folmer interjected and stated Sup't. Bush constructed a road on land owned by the Town. There is no right-of-way. The deed is to the Town. Supervisor Thorpe stated Mr. Neville complained a barrier was put up to preclude access to his property. Highway Sup't. Bush stated the Town owns land beyond the road that was put in. The Highway Department installed posts and pipes as a barrier to deter kids from trespassing onto Town land and "partying". Sup't. Bush stated he advised Mr. Neville he could remove the barrier if he needed to get to his land, but must put it back when he was done. 1 OCTOBER 02, 2002 TOWN BOARD MEETING PAGE 2 Supervisor Thorpe stated the solution seemed reasonable although it was not according to Mr. Neville's wishes. He questioned Mr. Neville what he wanted done. Mr. Neville stated the Town has right-of-way to his land. He stated he did not want any obstruction whatsoever to his land. When he wanted to drive down to his land he claimed he should be able to do so. Attorney Folmer apprised Mr. Neville the deed is not a right-of-way. Pursuant to the Niederhofer conveyance in 1973, the Town owns the property and is not under any obligation to keep the land open to the public. He stated the Town has a right to put up a barrier if it chooses to, especially as a result of complaints made by residents in the area that the Town's land is being used as a "party site". He stated if Mr. Neville was absolutely prohibited from accessing his land due to the barrier, the Town would resolve the problem. However, the barrier is semi -permanent and can be moved. Attorney Folmer stated the deed to the land was given for the purpose of extending Oakcrest Street. There is no right-of-way. The property is an absolute conveyance and subject to the condition that the Town may only use it for a road. There are no requirements regarding construction of a road, but rather is at the Town's discretion. Attorney Folmer stated he spoke with Sup't Bush regarding the issue. Sup't. Bush informed Mr. Neville he would technically be trespassing if he were on Town land. Attorney Folmer apprised Mr. Neville as long as he utilized the barrier in the correct manner the Town did not have a problem with him being on Town land. He stated Mr. Neville could remove the barrier when he wanted to access his own land and then replace it when he was done. Mr. Neville stated he could not physically remove the barrier. He stated the barrier was in the ground six feet. He stated it would take him a half a day to put the barrier back. Attorney Folmer restated the Town did not have any obligation to remove the barrier. Councilman Rocco stated he was not familiar with the road, but mentioned the possibility of the Town installing a swing gate that Mr. Neville could have a key to as opposed to physically moving the barrier. He stated he did not know whether a swing gate would effectively keep high school students off the land. Councilman O'Donnell apprised Councilman Rocco Oakcrest Street is located near Cortland High School, off Pendleton Street. Attorney Folmer asked Mr. Neville how many times in the past six months he accessed the property and what he utilized the property for. Mr. Neville stated he had been to his property about thirty times in the past six months. He stated he took care of the maintenance on his land and also brought people, such as his grandchildren, to his land. He stated he would like to use his land and cannot walk around the barriers, as he cannot physically walk that far. Mr. Neville stated he could not drive around the barriers with his tractor because there are trees on either side of the barriers, which is also Town land. Highway Sup't Carl Bush stated the barriers are pipes that were inserted two feet in to the ground. The pipes are inserted into sleeves that can easily be removed. Sup't Bush stated his grandchildren could pull the pipes out. Attorney Folmer asked Mr. Neville, without using Town land, by what other means could he access his land? Mr. Neville stated he could not access his land without access through Town land, because of the surrounding trees. He stated the Town's land is level and an open space, which allows access with his tractor. ® Supervisor Thorpe stated under normal circumstances a person could walk around the barriers. It was Supervisor Thorpe's understanding that Mr. Neville would like to access the land by means of a vehicle yet is unwilling to pull the posts out of the ground, which are in a lose sleeve. He stated if a child could pull the posts out of the ground, the Town was not preventing Mr. Neville access to his land. Attorney Folmer requested Sup't Bush escort him to the Town's land on Oakcrest Street in the next few days. He stated he would assess the situation, write a letter to Mr. Neville, and report back to the Board. Supervisor Thorpe ended discussion of the issue. The monthly reports of the Supervisor and Town Clerk for September 2002 are on the table for review and filed in the Town Clerk's office. q OCTOBER 02, 2002 TOWN BOARD MEETING PAGE 3 Councilman .O'Donnell made a motion, seconded -by Councilman Rocco, to receive and file the Town Historian Quarterly Report — 2002. All voting aye, the motion was carried. Councilman O'Donnell made a motion, seconded by Councilman Rocco, to receive and file the a Quarter Water & Sewer Report. All voting aye, the motion was carried. RESOLUTION #189 ACKNOWLEDGE RECEIVING 2003 TENTATIVE BUDGET Motion by Councilman Testa 40 Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Clerk received the 2003 Tentative Budget on September 30, 2002, and has presented it to Town Board members, in accordance with Town Law. Supervisor Thorpe scheduled a budget workshop for Monday, October 7, 2002 at 5:00 p.m. for all Department Heads. Town Clerk Snyder apprised the Board the Town Clerk's office collected $23,416.00 from conservation license sales in the month of September 2002. In September 2001, the Town collected $7169.00. Councilman O'Donnell stated the fees increased for conservation licenses. Town Clerk Snyder stated the increase in fees did not account for the difference in collection. She stated issuing agents using the new DECALS system within Cortland County were shut down while the Town Clerk's office was running efficiently. Out of the $23,416.00 collected, $22,124.88 will be turned over to the State of New York. Supervisor Thorpe asked if there are any other issuing agents in the County. Town Clerk Snyder stated four Towns in the County have opted out of the system. She stated the Town of Virgil had difficulties with the system and sent their customers to Cortlandville. Wal-Mart issued conservation licenses but was unable to issue doe permits and sent their customers to the Town as well. However, Town Clerk Snyder informed the Board there is no revenue for a doe permit if the conservation license was purchased elsewhere. Town Clerk Snyder stated $1,291.12 would be turned over to Supervisor Thorpe out of the money collected from conservation for the month of September, 2002. Attorney Folmer Reported: Country Inns & Suites: Attorney Folmer reminded the Board of the September le, 2002 Town Board Meeting, in which the Aquifer Protection Permit for Country Inns & Suites was discussed. He stated two questions were left incomplete on the FullEnvironmental Assessment Form. The first question was whether the proposed action would substantially affect non - threatened or non -endangered species. The second question unanswered was in regards to the impact on historic and archaeological resources. Attorney Folmer stated he spoke with:Nancy Jendryaszek, Project Director for the proposed Country Inns & Suites, October 1', 2002. She informed him the fieldwork for the project was complete, yet the final report was not:. The final report must be submitted to the Town in response to the requirement of SEQRA. Attorney Folmer stated Ms. Jendryaszek asked to be put on the agenda for the October 16', 2002 meeting. If the report is not ready for the next Board meeting the issue will be postponed until the following meeting. OCTOBER 02, 2002 TOWN BOARD MEETING Section of the Land Use/Aquifer Protection Plan: FV&TffW, `T3 r� I • 1 Attorney Folmer stated the Planning Board submitted a study regarding the NYS Route 281/Route 13 Corridor Area, as well as changes regarding the design and development guidelines. The Planning Board suggested Attorney Folmer put the changes into the form of an amendment to the Town Code, which could then be adopted as a Local Law. Attorney Folmer stated some language changes must be made before it can be put in the form of a Local Law: Health Insurance for Retired Employees: Attorney Folmer stated he met with Councilman O'Donnell, Councilman Rocco and Town Bookkeeper, Marcia Hicks, on September 250', 2002 to discuss health insurance for retired Town employees. He stated three issues were raised that he was still waiting f or the answers to from the Town's consulting firm. Attorney Folmer stated he indicated to Mrs. Hicks he would have something to present to the Board by the October 1e, 2002 meeting in order for employees to be given notice prior to November 1", 2002. Aquifer Protection Permit submitted by Donald Richards and Daniel Abrahamson: Attorney Folmer stated it was his understanding the Planning Board did not wish to recommend approval of the Aquifer Protection Permit application submitted by Donald Richards and Daniel Abrahamson. Attorney Folmer recommended the Board set a -public hearing date of October 16', 2002 at 5:00 p.m. He requested the Board defer consideration of the SEQRA requirements until the public hearing was held. If comments were made the Board could use them to complete the Environmental Assessment -Form. He stated if nothing -of significance arose after the public hearing, the Board ''could approve the SEQRA document and grant the permit at the October 16'', 2002 Board Meeting. Councilman Testa questioned whether the applicants lacked the Storm Water Prevention Plan. Donald Richards apprised the Board the plan is complete. He stated his Site Engineer, Tim Buhl, apprised him of the normal procedure. Once the plan is approved the next step is for it to be approved through Soil & Water. Attorney Folmer stated the development of a final plan is an expensive proposition. It was Mr. Buhl's theory that the Board may approve a permit subject to the preparation of the plan rather than forcing the applicant to complete the expensive plan and then not approve the permit. He stated the theory is appropriate. RESOLUTION #190 SCHEDULE PUBLIC HEARING FOR AN AQUIFER PROTECTION PERMIT APPLICATION OF DONALD RICHARDS & DANIEL ABRAHAMSON FOR PROPERTY LOCATED ON LUKER ROAD Motion by Councilman Testa Motion by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED, a Public Hearing shall be- scheduled for October 16th, -2002 at 5:00 p.m. for an Aquifer Protection Permit application submitted by Donald Richards & Daniel Abrahamson, owned by N.C.W.P. LLC, for property located on Luker Road, tax map #95.00-05-10.110. Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and file the Cortland County Planning Board Resolution No. 02-34 regarding the Aquifer Protection Permit application of Donald Richards & Daniel Abrahamson. Councilman Rocco made a motion, seconded by Councilman Testa, to receive and file the Cortlandville Fire District Operating Budget for 2003. All voting aye, the motion was carried. OCTOBER 02, 2002 TOWN OF CORTLANDVILLE PAGE 5 Councilman Testa made a motion, seconded by Councilman O'Donnell, to receive and file correspondence from David Butler, TLC Emergency Medical Services Inc. regarding Ambulance Service. All voting aye, the motion was carried. RESOLUTION #191 AUTHORIZATION TO PARTICIPATE IN "HOLIDAY ON ICE" PROGRAM WITH CORTLAND YOUTH BUREAU FOR THE 2002 HOLIDAY SEASON Motion by Councilman Rocco Seconded by Councilman O'Donnell }' -VOTES: ALLAYE ADOPTED 71 ,r 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 2002 Holiday Season and does hereby authorize paying the suggested amount of $275.00 to accomplish the program. Supervisor Thorpe apprised the Board he received correspondence from the US Department of Agriculture, NY Rural Development, regarding a Rural Development loan in the amount of $2,100,000.00 for the Highland Road Sewer Project. He stated NY Rural Development offered to loan the Town money at an interest rate of 4.5%. Supervisor Thorpe stated with an interest rate as high as 4.5% the Town should not consider the loan. He stated he must respond to NY Rural Development. James Trasher of Clough, Harbour & Associates stated he would investigate the issue. Planning Board. member Nick, Renzi questioned, Attorney FolmerA(what;the status of the Wellhead Protection Plan was Attorney Folmer stated_there,,was no change with the status of the: plan; yet, hoped to have the plan completed soon. Councilman Testa made a motion, seconded by Councilman Rocco, to recess the Regular Meeting to an Executive Session. All voting aye, the motion was carried. The meeting was recessed at 7:40 p.m. The following information was received from the Supervisor's office. Councilman O'Donnell made a motion, seconded by Councilman Testa, to adjourn the Executive Session and reconvene to the Regular Meeting. All voting aye, the motion was carried. Councilman Testa made a motion, seconded by. Councilman O'Donnell,. to _adjourn is the Regular Meeting. All voting aye, the motion was carried. The meeting was adjourned at 7:56 p.m. Respectfully submitted, Karen Q. Snyder Town Clerk Town of Cortlandville