Loading...
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. n LJ is 1 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. 59 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. 55 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 57 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. in; 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