HomeMy WebLinkAbout11-06-2002NOVEMBER 06, 2002
7:00 P.M.
PUBLIC HEARING NO. 1
2003 PRELIMINARY BUDGET
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 2003 Preliminary
Budget.
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;
James Trasher of Clough, Harbour & Associates; Jill Giocondo of the Cortland Standard;
Richard Shutz of Suit -Kole; and Mark and Cindy Davis.
Supervisor Thorpe called the Public Hearing to order.
The Town Clerk read aloud the Legal Notice as published, posted and filed.
Supervisor Thorpe explained when the Board originally compiled the Tentative
Budget the Town tax was to be raised from the current tax rate of $2.82 to $5.43 cents per
thousand. The Village of McGraw tax was to be raised from $1.92 to $2.78 per thousand.
After modifying the budget the current increases are now 18 cents per thousand for the
Town tax, which equals a total tax of $3.00 per thousand. The Village of McGraw tax
increase is 30 cents per thousand, which equals a total tax of $2.22 per thousand.
Therefore, a home assessed at $100,000.00 would have an $18.00 increase in Town taxes.
Supervisor Thorpe offered privilege of the floor to those in attendance.
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 7:05 p.m.
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53
NOVEMBER 06, 2002
7:05 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;
James Trasher of Clough, Harbour & Associates; Jill Giocondo of the Cortland Standard;
Richard Shutz of Suit-Kote; and Mark and Curdy Davis.
Supervisor Thorpe called the meeting to order.
RESOLUTION #199 AUTHORIZE PAYMENT OF VOUCHERS - NOVEMBER
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 #495 - 521
$
9,119.30
General Fund B
B131 - B139
$
16,553.11
Highway Fund DB
D389 - D419
$
81,170.93
Water Fund
W236 - W249
$
4,759.32
Sewer Fund
S 105 - S 113
$
5,840.95
Capital Projects
H33 - H34
$
860.40
Supervisor Thorpe offered privilege of the floor to those in attendance.
Councilman Rocco apprised the Board the use of the United Methodist Church on
NYS Route 222 rather than the Grange on the corner of Groton Avenue and Route 281 for
the recent 2002 Election worked out quite favorably. Not only is the Town not charged
for the use of the Church, Councilman Rocco stated using the location for voting is a
wonderful opportunity for the public to see the Church.
Monthly reports for the Supervisor and Town Clerk for October 2002 and the
Justice for August and September 2002, are on the table for review and filed in the Town
40 Clerk's office.
Attorney Folmer reported:
Suit-Kote Corporation Request for Approval to Install Concrete Foundations:
Attorney Folmer apprised the Board he received a letter from Suit-Kote, dated
October 22, 2002, in which Paul Suits requested permission to construct the concrete
foundations, related anchor bolts, electrical conduit, and other required piping, prior to the
receipt of the New York State Department of Environmental Conservation permit
modifications. According to the correspondence from Mr. Suits, the State may not
approve the permit modifications before January or February of 2003, which would make
it impossible to pour the foundation and relocate the blacktop plant prior to the April 15,
2003 startup date.
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NOVEMBER 06, 2002 TOWN BOARD MEETING PAGE 2
Attorney Folmer apprised the Board Suit-Kote understands it bears the financial and
any other related responsibility if the permits are not issued and the blacktop plant cannot
be relocated. Suit-Kote would hold the Town harmless for any loss or cost incurred by
Suit-Kote or the Town, if the work is completed prior to the approval of all permits and
Suit-Kote is unable to relocate the plant due to not receiving the required permit or permit
modifications.
RESOLUTION #200 AUTHORIZE SUIT-KOTE CORP. TO PROCEED WITH
CONSTRUCTION FOR THE RELOCATION OF THE
BATCH BLACKTOP PLANT LOCATED ON ROUTE 11 IN
POLKVILLE
Motion by Councilman Testa
Seconded by Councilman O'Donnell
VOTES: ALL AYE ADOPTED
WHEREAS, Suit-Kote Corporation has submitted to the Town Board a request to
construct the concrete foundations including related anchor bolts, electrical conduit, and
other piping as may be required, therefore
BE IT RESOLVED, the Town Board does hereby authorize Suit -Kole Corporation to
proceed with construction for the relocation of the batch plant located on Route 11 in
Polkville, prior to the receipt of the New York State Department of Environmental
Conservation permit for modifications, and it is further
RESOLVED, Suit-Kote Corporation will hold the Town harmless for any loss or cost
incurred by Suit-Kote if the New York State Department of Environmental Conservation
permits are not received f or the relocation of the Batch Blacktop Plant.
Rerob, LLC Special Meeting:
Attorney Folmer reminded the Board the Special Meeting regarding Rerob, LLC
and the proposed Express Mart on NYS Route 13, would be held Thursday, November
7d', 2002, at 7:00 p.m., at the Cortlandville Fire Department located on Route 13.
Attorney Folmer stated the Board does not have to make a decision regarding
Rerob, LLC at the Special Meeting. The Board has forty-five days to complete a statement
of findings and then make a decision. He stated it is important for the Board members to
be present at the meeting.
He stated the purpose of the Special Meeting is to receive public comment rather
than to engage in dialogue. The Board will use the public comments to make a decision on
the Aquifer Protection Permit for the proposed Express Mart on NYS Route 13.
Oakcrest Street Barrier:
Attorney Folmer apprised the Board he had not yet visited Oakcrest Street to
investigate the problem Robert Neville has with the barrier constructed by the Town, •
which was discussed at the October 2nd, 2002 Town Board meeting.
Councilman O'Donnell apprised the Board he visited Oakcrest Street and found that
there is no problem removing the posts to access Mr. Neville's property. He stated he
spoke with Mr. Neville and advised him that the barrier is protecting his personal property.
If Mr. Neville is healthy enough to get on and off his riding tractor, Councilman O'Donnell
stated he should be healthy enough to remove the posts, which could be removed by
anyone.
There was a brief discussion regarding pending litigation with Emory Knight of
Ridge Road.
Councilman O'Donnell apprised the Board Town residents are still concerned with
Emory Knight's property on Ridge Road and questioned Attorney what the status of the
situation is. Councilman O'Donnell stated it was estimated that Emory Knight had about
fifteen to twenty cars on his property at the moment.
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NOVEMBER 06, 2002 TOWN BOARD MEETING PAGE 3
Attorney Folmer stated he has spoken with Attorney Ted Hoffman who represents
Mr. Knight on several occasions. He stated he dictated a letter to Town Justice Mardis
Kelsen with regard to both Emory Knight and Timmon's Tropical Motors sign dispute
indicating trial dates should be set for the two matters. He stated he was waiting for Judge
Kelsen to set a trial date.
Councilman O'Donnell stated it was his understanding Emory Knight was
expanding his "junk yard" to his son's property.
Attorney Folmer stated the matter was pending as Judge Kelsen has a letter
requesting a trial date for the near future.
Councilman O'Donnell questioned Attorney Folmer as to what he expected the
result to be. He questioned whether Mr. Knight would have to revert back to what he was
grandf athered in as.
Attorney Folmer stated Councilman O'Donnell's scenario was possible. He stated
he could bring a proceeding and claim a public nuisance, but that it would be expensive
and time consuming.
Supervisor Thorpe presented the Board with the 2002 Empire State Award of
Excellence for the Advancement of Stormwater Management, which CEO Bruce Weber
received on behalf of the Town from the New York State Department of Conservation in
Albany.
Attorney Folmer stated he read in the newspaper there were many submissions
statewide for the award, and only four awards were presented by the State of New York.
He stated the Town should be very proud of the award and should honor all those who
worked hard on the Town's Stormwater Management Plan.
Supervisor Thorpe concurred and stated a lot of people within the Town worked
very hard on Stormwater Management and should be recognized. He stated the award
indicated the Town is concerned about. water.
RESOLUTION #201 ACKNOWLEDGE THE ACCEPTANCE OF THE 2002
EMPIRE STATE AWARD OF EXCELLENCE FOR THE
ADVANCEMENT OF STORMWATER MANAGEMENT
FROM THE NEW YORK STATE DEPARTMENT OF
CONSERVATION
Motion by Councilman Rocco
Seconded by Councilman Pilato
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby acknowledge, by accepting the 2002
Empire State Award of Excellence for the Advancement of Stormwater Management from
the New York State Department of Conservation.
There was a brief discussion regarding Richard Shaw's application to the Board to
be added to the Town's Approved Plumbers list.
Councilman O'Donnell questioned whether Highway Sup't. Carl Bush personally
knew the applicant.
Highway Sup't. Bush stated he did not know the applicant and was not sure
whether Water & Sewer Sup't. Peter Alteri had seen the application.
Attorney Folmer stated the Board would normally receive comments from Water &
Sewer Sup't. Peter Alteri and rely on his input in the decision making process.
Supervisor Thorpe stated he would consult Water & Sewer Sup't. Alteri regarding
the issue.
RESOLUTION #202 TABLE REQUEST FROM RICHARD SHAW TO BE
ADDED TO THE TOWN OF CORTLANDVILLE'S
APPROVED PLUMBERS LIST
Motion by Councilman
Seconded by Councilman
VOTES: ALL AYE ADOPTED
5-6
NOVEMBER 06, 2002 TOWN BOARD MEETING PAGE 4
WHEREAS, a request was made from Richard Shaw, 5504 Lake Pond Road, Tully, New
York, to be added to the Town of Cortlandville's Approved Plumbers list, and
WHEREAS, the Supervisor has requested additional time to discuss the matter with the
Water & Sewer Sup't., therefore
BE IT RESOLVED, the Town Board does hereby table the request of Richard Shaw to be
added to the Town of Cortlandville's Approved Plumbers list.
RESOLUTION #203 RECEIVE LISTING OF WATER AND SEWER
AGED ACCOUNTS FOR THE YEAR OF 2002
Motion by Councilman Rocco •
Seconded by Councilman O'Donnell
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the listing of water and sewer unpaid aging accounts for the year of
2002 shall hereby be received and filed, as required.
There was a brief discussion regarding the Draft Environmental Impact Statement
for the proposed Express -Mart on NYS Route 13.
Attorney Folmer stated they have received very few written comments regarding
the proposal. He stated he spoke with the Supervisor's Secretary, Patricia O'Mara, who
assured him every comment received in writing has been copied and forwarded to
Attorney Shafer. Therefore, Attorney Shafer is aware of all comments received by the
Town. Attorney Folmer stated he did not want to have an advantage over Mr. Shafer at
the Public Hearing.
Councilman Testa made a motion, seconded by Councilman Rocco, to receive and
file correspondence from Attorney Mike Shafer regarding the Draft Environmental Impact
Statement for the proposed Express -Mart, NYS Route 13. All voting aye, the motion was
carried.
Councilman Testa made a motion, seconded by Councilman Rocco, to receive and
file correspondence from TPA Design Group regarding the proposed Express -Mart on
Route 13. All voting aye, the motion was carried.
Councilman Testa made a motion, seconded by Councilman Rocco, to receive and
file correspondence from Patrick Reidy, Cortland County Soil & Water Conservation
District, regarding the Draft Environmental Impact Statement for the proposed Express -
Mart, NYS Route 13. All voting aye, the motion was carried.
Councilman Rocco made a motion, seconded by Councilman Pilato, for all •
correspondence received by the Board to be added to the record of the public comment
proceedings to be conducted November 7 h, 2002. All voting aye, the motion was carried.
Supervisor Thorpe apprised the Board of the request from the Cortlandville Fire
Department to waive the Building Permit fee for the proposed traininp, center located
behind the Fire Department on Route 13.
Both Attorney Folmer and Councilman
municipal agency. Therefore, the Board should
fee. Waiving the application fee for the building
facility is within the governmental structure.
Rocco stated the Fire Department is a
have no problem waiving the application
permit would not set precedent since the
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NOVEMBER 06, 2002 TOWN BOARD MEETING PAGE 5
RESOLUTION #204 AUTHORIZE SUPERVISOR TO WAIVE THE BUILDING
PERMIT APPLICATION FEE FOR THE PROPOSED
TRAINING CENTER FOR THE CORTLANDVILLE FIRE
DISTRICT
Motion by Councilman Rocco
Seconded by Councilman Testa
VOTES: ALL AYE APPROVED
WHEREAS, the Cortlandville Fire District requested the Board waive the building permit
fee for the Cortlandville Fire District proposed training center, and
® WHEREAS, the Board determined the Cortlandville Fire District to be a municipal agency
that may be exempt from the building permit application fee without setting precedent,
therefore
BE IT RESOLVED, the Town Board does hereby authorize the Supervisor to waive the
building permit application fee for the Cortlandville Fire District, for the proposed training
center to be located off of NYS Route 13 behind the District's current headquarters.
Councilman Testa made a motion, seconded by Councilman Pilato, to receive and
file the correspondence from residents of Sears Road regarding a permit to host an
endurance race called a "Hare Scramble" which would include motorcycles and ATV's.
All voting aye, the motion was carried.
Attorney Folmer apprised the Board he spoke with CEO Bruce Weber who stated a
permit under the Town's statute is required in order for the event to be held. Attorney
Folmer concurred with Mr. Weber's opinion. The question is whether or not the Board
wishes to issue a permit.
Attorney Folmer advised the Board the permit is for a single event. If the Board
chose to issue the permit it would be for this year and not binding for the future. There are
comments both for and against the event.
Councilman Testa questioned whether the endurance race was a one -day event and
what the hours of the event would be. He also questioned how many people would be
participating in the event.
Mark Davis, the applicant of the event, apprised the Board the event would run
from 8:30 a.m. until 5:00 p.m. with approximately two hundred people in attendance.
Councilman Rocco questioned Mr. Davis about the total amount of acreage that
would be used for the race.
Mr. Davis apprised the Board he owned approximately one hundred acres.
Councilman Rocco questioned whether the people who signed Mr. Davis' petition
in favor of the endurance race were adjacent land owners and whether they were
participants in the event.
Mr. Davis stated the people who signed the petition in favor of the event are
adjacent land owners and are not involved in the event.
Councilman Rocco stated the Board received a petiton against the endurance race
from Mike and Geri Steigerwalt, Kathryn and Thomas Morton, and Robert and Kristine
Lane, who live on Sears Road. He stated those who signed the petition were not
necessarily against the endurance race, but had questions that were not answered.
Councilman Rocco questioned why those people were not in attendance.
Town Clerk Snyder apprised Councilman Rocco that Mrs. Steigerwalt was in
attendance but decided not to stay because the Board was only going to receive and file the
correspondence.
Councilman O'Donnell apprised the Board he received a phone call from Thomas
Morton, November 5', 2002. Mr. Morton stated he knew the Davis', thought they were
good people, but did not believe the event was a good idea for the neighborhood.
Councilman Testa questioned when the proposed event would be held.
Mr. Davis stated the event was scheduled for either April or September of 2003.
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NOVEMBER 06, 2002 TOWN BOARD MEETING PAGE 6
In fairness to Mrs. Steigerwalt who is opposed to the endurance race, Councilman
Testa stated the Board should only receive and file the petition and not take any action on
the matter. Had Mrs. Steigerwalt believed there was going to be a discussion regarding the
matter she probably would have stayed at the meeting.
Councilman Testa suggested the Board act on the matter at the November 20`'', 2002
Town Board meeting at 5:00 p.m.
Councilman O'Donnell suggested providing the Davis' with a copy of the petition
against the event as there were specific concerns regarding the race. The Davis' could
therefore have answers to the questions and concerns posed by those who are against the
endurance race by the next meeting.
Supervisor Thorpe stated he would add the item to the November 20 h, 2002
agenda.
Councilman O'Donnell asked Mr. Davis to quickly explain the event to the Board.
Mr. Davis stated most of the endurance race would be held in the woods. He stated
the top speeds range between ten and fifteen miles per hour.
Town Clerk Snyder questioned whether prizes would be awarded and whether
there would be cash prizes.
Mr. Davis stated there would be plaques and ribbons awarded but no cash prizes.
Councilman O'Donnell stated an explanation regarding the event is necessary
because the Board members, and perhaps his neighbors, are not familiar with the event and
are not aware of what it may entail.
Supervisor Thorpe apprised the Board he received information from Town
Engineer, Hayne Smith, regarding the new production well, the existing well, and other
improvements at the Lime Hollow Well site.
Town Engineer Hayne Smith provided the Board with a schedule of work and
costs f or installing a new pump in the existing 12-inch well, which is well No. 2, and
installing the old pump in well No. 7, which is the new 16-inch well. The new thousand -
gallon per minute pump and motor to match the existing pitless unit for well No. 2 would
cost $25,000. The installation service fee would cost $3,000.
For well No. 7, the discharge pit, conduit connections to the pumphouse, site
grading and lawn restoration by town employees would cost $5,000. The control and air
release valves, flow metering, piping and instrumentation upgrades inside the pumphouse
by town employees would cost another $6,000.00. The pump electric power installation
and start-up would cost $2,000. Lastly, the new pump discharge head, plates and flanged
column, overhaul the old pump, and installation services would cost $25,000.
Supervisor Thorpe apprised the Board the total cost for installing the new pump in
well No. 2 and replacing the old pump in well No. 7 is estimated at $66,000.00. Engineer
Smith added $7,000 for the contingency fund, which raised the total cost to $73,000.00.
Mr. Smith requested the Board authorize the use of $73,000.00 from the capital
water reserve fund to accomplish the project. As of September 2002, the water reserve
fund had a total of $299,745.88. Supervisor Thorpe stated the request was not a risky
expenditure and did not believe there to be any reason why the Board couldn't authorize
the request.
RESOLUTION #205 AUTHORIZE EXPENDITURE OF $73,000 FROM THE
WATER IMPROVEMENT CAPITAL RESERVE FUND TO
COVER THE EXPENSE OF THE ADDITION OF NEW
PRODUCTION WELL NO. 7 AND OTHER
IMPROVEMENTS AT THE LIME HOLLOW WELL SITE
SUBJECT TO PERMISSIVE REFERENDUM
Motion by Councilman Testa
Seconded by Councilman Rocco
VOTES: ALL AYE ADOPTED
WHEREAS, the Town Engineer has been authorized and directed to commence the
addition of new production well No. 7 and other improvements at the Lime Hollow well
site, therefore
NOVEMBER 06, 2002 TOWN BOARD MEETING PAGE 7
551�
BE IT RESOLVED, the Board does hereby authorize the expenditure of $73,000 from the
Water Improvement Capital Reserve Fund to cover the expense of the addition of new
production well No. 7 and other improvements at the Lime Hollow well site, and it is
further,
RESOLVED, that this resolution is adopted subject to permissive referendum as required
by law.
Councilman Testa made a motion, seconded by Councilman Pilato, to recess the
Regular Meeting to an Executive Session to discuss pending litigation. All voting aye, the
motion was carried.
The meeting was recessed at 7:35 p.m.
The following information was received from the Supervisor's office.
Councilman Testa made a motion, seconded by Councilman Pilato, to adjourn the
Executive Session and reconvene to the Regular Meeting. All voting aye, the motion was
carried.
No action was taken.
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 8:32 p.m.
i
Res ectfully submitted,
Karen Q. Snyder
Town Clerk
Town of Cortlandville