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HomeMy WebLinkAbout11-20-2002-7I 1`.OVEMBER 20, 2002 5:00 P.M. 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; Water & Sewer Sup't., Peter Alteri; Planning Board Member, Nick Renzi; Nancy Jendryaszek for Country Inns & Suites; Ann Hotchkin of Thoma Development; Martin Estruch; David McCall from Knobby Acres; Jill Giocondo of the Cortland Standard; Mark and Cindy Davis; and Geri Steigerwalt. Supervisor Thorpe called the meeting to order. Councilman Pilato made a motion, seconded by Councilman Testa, to approve the Town Board Minutes of September 04, 2002 as written. All voting aye, the motion was carried. Councilman O'Donnell made a motion, seconded by Councilman Rocco, to approve the Town Board Minutes of September 18, 2002 as written. All voting aye, the motion was carried. Councilman O'Donnell made a motion, seconded by Councilman Pilato, to approve the Town Board Minutes of October 02, 2002 as written. All voting aye, the motion was carried. Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and file the Planning Board Minutes of July 01, 2002. All voting aye, the motion was carried. Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, the vouchers submitted have been audited and shall be paid as follows: General Fund A General Fund B Highway Fund DB Water Fund Sewer Fund Capital Projects Vouchers #522 - 577 $ 34,889.86 B 140 - B 145 $ 4,642.70 D420 - D438 $ 64,847.77 W250 - W261 $ 5,567.33 S114 - 5122 $111,435.77 H35 - H35 $ 6,155.00 Supervisor Thorpe offered privilege of the floor to Ann Hotchkin. Ann Hotchkin of Thoma Development apprised the Board the Tioughnioga River Trail was funded through BCC since a portion of the trail goes through the Town of Cortlandville. Regarding the Cortlandville Starr Road Park, Ms. Hotchkin stated the application due dates were pushed back to mid June, anticipating that they would be announced prior to election. �Z NOVEMBER 20, 2002 TOWN BOARD MEETING PAGE 2 Ms. Hotchkin apprised the Board she was currently working on the Needs Assessment process for the scanner purchase with Town Clerk, Karen Q. Snyder and Code Enforcement Officer, Bruce Weber. The application is not due until February 1s`, 2003, but the State requires the Needs Assessment first. She stated she would give a copy of the Needs Assessment to the Town Clerk and CEO first for their review to make sure it read correctly, but asked that Supervisor Thorpe sign the cover letter. Supervisor Thorpe stated he would sign the cover letter for the Needs Assessment as long as it was reviewed by Attorney Folmer. Ms. Hotchkin apprised the Board the Town may have the opportunity to apply for the Community Development Block Grant (CDBG). One of the places in the Town that is extremely needy and eligible is the Blodgett Mills area in regard to housing. In the mid to early 1990's an application was submitted to HUD, which was not successful. As a result of completing the Needs Assessment to the Town, Blodgett Mills still continues to be an area of concern on many levels. Ms. Hotchkin asked if the Town would be willing to reconsider submitting another CDBG for the area. Since the first application was submitted, the State has taken over the administration of the CDBG program and made some important changes. While she did not want to minimize the competitiveness of the application process, Ms. Hotchkin apprised the Board. the. State funded ninety-four of the one -hundred ninety-four applications submitted last year. The State is more forgiving in how they review the applications. If the Town were interested, Thoma Development could draft a competitive application for the Blodgett Mills area. Councilman O'Donnell stated applying for a grant would be a great idea for the Blodgett Mills community. Councilman Rocco questioned how the process works. Ms. Hotchkin stated the basic grant is $400,000 for a single purpose application. In the target area there are both owner -occupied and income properties which would have two different programs. Owner -occupants with a very low income level would receive the grant as a deferred payment loan, while those people who have a higher income level would get it as a zero percent loan. An income property owner who rents to people with at least fifty-one percent of the units occupied, would receive their revamp in the form of a zero percent loan. If the Town were interested; Thoma Development would conduct a survey of the Blodgett Mills area to determine if the people were income eligible. When homes are in a state of disrepair it is generally because the people who live there cannot afford the upkeep of their homes. I Councilman Testa questioned what the difference was between what was going on at Port Watson Street and South Avenue in the City of Cortland. Ms. Hotchkin stated the City of Cortland has a target area. South Avenue may be a home ownership opportunity where funds are given to purchase the house and then revamp it after occupation. She stated the house on Port Watson Street is part of the target area Block Grant similar to the one the Town is looking into. Code issues are taken care of first, such as making the house safe and habitable. Ms. Hotchkin stated the $400,000 from the Block Grant could be used to fix about twenty homes under the program. Councilman Pilato questioned who oversees the project if the Town receives the grant money. Ms. Hotchkin stated Thoma Development would propose to oversee the project from start to finish. With the Town's input, Thoma Development would inspect the home and decide what repairs need to be completed. The project would be put out to bid to at least three contractors and given to the lowest bidder. All payments to the contractor would come from the property owner. However, the Board has total input on who gets accepted to the program. Attorney Folmer questioned who makes the payments. Ms. Hotchkin stated a voucher would be given to the Board stating "payment of $5,000 to Mrs. Smith and Contractor X" The Board would sign the check and distribute them from the Town Hall or from Thoma Development. Attorney Folmer questioned whether the payment was based on an inspection, who would complete the inspection, and whether the Board would have an opportunity to conduct its own inspection. Ms. Hotchkiii'replied that the payment would be made based on an inspection. She stated if Thoma Development were hired to administer the grant they would do everything. Supervisor Thorpe questioned whether Thoma Development would screen the applicants. u C� 1 1 73 NOVEMBER 20, 2002 TOWN BOARD MEETING PAGE 3 Ms. Hotchkin stated Thoma Development would screen the applicants. They would inspect the work from start to finish, approve the payments, and make a recommendation to the Board to pay the contractor. She stated a Town employee could inspect the property if the Board chose to do so, but it was not necessary. She stated the men on her staff are certified code enforcement officers who work in conjunction with the local code enforcement officer to obtain the permits. Attorney Folmer stated he was concerned about the homeowner being involved in the inspection process since the inspection would be made by someone else. Ms. Hotchkin stated homeowners do not have to sign the check if they are unhappy since it is a two-party check. She stated the property owner is not going to be bypassed in the process and that the work would hopefully be satisfactory. Councilman Rocco had a question regarding owner -occupied program and whether the homeowner was forgiven if he stayed in the home for a period of five years. Ms. Hotchkin stated the owner -occupied program is, for example, for an elderly person who is able to hold onto a house making $12,000 a year. Low income people would be allowed a deferred payment. Councilman Pilato questioned if there was a differentiation between rental property and owner -occupied property as far as how money is allocated. Ms. Hotchkin stated an owner -occupant would have to provide the deed to the house as well as their finances to prove that they are indeed low-income. Income properties are found on the tax rolls as well as the property class; an owner either is or is not the primary resident of the property. Councilman Pilato questioned whether the Board could specify on the grant what type of properties they are concerned with, such as owner -occupied property rather than rental property. He questioned if the Town had to include both types of properties when applying for the grant. Ms. Hotchkin apprised the Board that some of the most dilapidated structures can be income property. Thoma Development usually recommends including rental property in the program. She stated there is a much higher percentage of money going to the owner - occupied structures than there is going to the income property. Councilman Pilato siated it would be ironic to provide funding to the rehabilitation of rental property if the owners can increase the rent on their property. Ms. Hotchkin stated the owner of the rental property, or rather the landlord, cannot raise the rent according to the decree. The landlord is locked into the rent and cannot raise their rent because there is a fixed rate with tenants. The landlord is told they do not have to repay any of the funds for three years as long as the rent is frozen for three years. Attorney Folmer stated the grant application states the owners participating will be required to freeze rents for a minimum of one year and preferably up to three years. As an incentive to freezing the rents, repayments are deferred during the freeze period, which could extend to the three-year period. Councilman Testa stated it should be considered that many elderly people, living in their own home, who do not have money, are in need of housing rehabilitation. He stated the Community Development Block Grant is a wonderful opportunity. Supervisor Thorpe concurred with Councilman Pilato's point and stated he would much rather subsidize the improvement of owner -occupied property rather than rental property. He stated he had qualms about making money for owners of dilapidated rental property. Ms. Hotchkin stated there are some safe guards in the program as far as income property such as the fact that the owners must be charging fair anaret rent. The object of the program is not to enrich owners. Part of the loan agreement prohibits the owners from evicting tenants to increase rent. Many people cannot afford to own their own homes. Ms. Hotchkin questioned whether it was fair to subject the occupants of rental property to be subjected to the worst living conditions. Councilman Rocco stated the average loan would be between $15,000 and $20,000. He stated the improvements would include things such as installation, furnace, and windows. Ms. Hotchkin stated it was her understanding that some of the housing that was in some of the worst condition in Blodgett Mills was income property. Councilman Testa stated the Board should take advantage of the opportunity to help Blodgett Mills. Councilman Rocco agreed with Councilman Testa and stated he would like the Blodgett Mills area improved and uplifted, including both owner -occupied and rental property. He questioned how Thoma Development's fees would be paid. 7� NOVEMBER 20, 2002 TOWN BOARD MEETING PAGE 4 Ms. Hotchkin stated the Community Development Block Grant is different than other grants Thoma Development has completed for the Town, and is stated in the contract for grant writing service. Thoma Development gives a twenty -percent discount to grant writing customers. The cost to the Town would be $3,200 to submit the application. However, unlike other applications where the Town would owe a percentage after the grant was awarded, the Town would not owe Thoma DeveloT ment any money. Councilman Testa questioned what would happen an owner -occupant passed away shortly after the work was completed on his/her home. Ms. Hotchkin stated in the event of death, if the property is transferred to anyone other than a family member, he/she could live out the remainder of the agreement. Thoma Development would approach the Board and discuss the issue. Councilman Rocco questioned what the likeliness of the grant being approved was, especially due to New York State's fiscal condition. Ms. Hotchkin stated the grant is from federal funds channeled through the state. RESOLUTION #207 AUTHORIZE SUPERVISOR TO EXECUTE CONTRACT WITH THOMA DEVELOPMENT CONSULTANTS FOR THE APPLICATION FOR SMALL CITIES COMMUNITY DEVELOPMENT BLOCK GRANT FISCAL YEAR 2003 Motion by Councilman Testa Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Supervisor is hereby authorized and directed to execute the contract with Thoma Development Consultants for the preparation of an application for Small Cities Community Development Block Grant Fiscal Year 2003, with a focus on housing rehabilitation in the Blodgett Mills area, for an amount not to exceed $3,200.00. Monthly reports for the Town Clerk, Justice and SPCA for October 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 correspondence from Nancy Jendryaszek regarding the proposed Country Inns & Suites on NYS Route 281, from NYS Office of Parks and Historic Preservation. All voting aye, the motion was carried. There was a brief discussion regarding the SEQR and Aquifer Protection Permit for the proposed Country Inns & Suites. According to the opinion of NYS Office of Historic Preservation, the project would have no impact on cultural resources. RESOLUTION #208 DECLARE NEGATIVE IMPACT FOR AQUIFER PROTECTION PERMIT #10 OF 2002 COUNTRY INNS & SUITES FOR PROPERTY LOCATED ON NYS ROUTE 281 Motion by Councilman O'Donnell Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED i WHEREAS, an Aquifer Protection Permit application was submitted by Country Inns & Suites, for property located on NYS Route 281, owned by N.C.W.P. LLC, permitting the construction of an 80-unit hotel, tax map #95.00-05-14.000, and WHEREAS, the Town Board as Lead Agent, duly reviewed and completed the Full Environmental Assessment Form, therefore BE IT RESOLVED, the Town Board as Lead Agent, does hereby declare the proposed project of Country Inns & Suites, Aquifer Protection Permit #10 of 2002, shall have no significant environmental impact. _75- NOVEMBER 20, 2002 TOWN BOARD MEETING PAGE 5 RESOLUTION #209 AUTHORIZE SUPERVISOR TO SIGN SEQRA APPLICATION OF AQUIFER PROTECTION PERMIT #10 OF 2002 Motion by Councilman O'Donnell 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 #10 of 2002, submitted Country Inns & Suites. RESOLUTION #210 APPROVE AQUIFER PROTECTION PERMIT #10 OF 2002 COUNTRY INNS & SUITES FOR PROPERTY LOCATED ON NYS ROUTE 281 SUBJECT TO CONDITIONS Motion by Councilman Rocco Seconded by Councilman Testa 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 blearing was duly held by this Town Board, therefore BE IT RESOLVED, the Town Board does hereby approve Aquifer Protection Permit #10 of 2002, submitted by Country Inns & Suites, for property located on NYS Route 281, permitting the construction of an 80-unit hotel, property owned by N.C.W.P. LLC, tax map #95.00-05-14.000 subject. to the following conditions: 1. A curb cut permit being obtained from the NYS Department of Transportation (DOT) for the proposed driveway entrance. 2. Review of the site plan by the NYS DOT to assure that the set back of the parking area is adequate so as to not infringe on the proposed NYS Route 281 reconstruction project. 3. The applicant obtaining documentation from the DOT that this proposed project will not adversely impact the DOT's stormwater detention plans. 4. The applicant demonstrating that the road signs to the south of the proposed driveway entrance will not impact site distances for traffic exiting the site. If site distances would be affected, the applicant should request that the NYSDOT relocate the signs further to the south. 5. Approval of the stormwater pollution prevention plan by the Town. 6. The floodway boundary being indicated on the site plan. If it is determined that a portion of the proposed parking area is in the floodway, the Town may wish to require removal of the parking area from the floodway if ® deemed to have a potential adverse impact on the floodway. 7. The applicant providing documentation that there is adequate flood storage area (detention ponds) on site as the floodplain area may have changed due to the recent increase in elevation of a portion of the property. 8. No pesticides/herbicides being used on site given its close proximity to the City of Cortland Waterworks property. 9. A backflow prevention application being installed as part of the connection to public water service. 10. County Health Department approvals of the sewer extension, hotel, and indoor pool. NOVEMBER 20, 2002 TOWN BOARD MEETING PAGE 6 11. Any lighting on the property being directed down and towards the interior of the property so as to not infringe on the neighboring residential properties across NYS Route 281. 12. The appropriate permits being obtained for any signage on the site. 13. Question A.19 on the SEAR Full Environmental Assessment Form regarding whether the site is substantially contiguous to a critical environmental area being answered "yes" as the site is substantially contiguous to the City of Cortland Waterworks. 14. A negative declaration of environmental impact under SEQR. 15. Front landscaping be completed after the widening of NYS Route 281. RESOLVED, the Supervisor is hereby authorized to sign the permit. Motion by Councilman O'Donnell Seconded by Councilman Pilato VOTES: ALL AYE ADOPTED WHEREAS, on the 6' day of November, 2002 the Town Board of the Town of Cortlandville, held a Public Hearing on the Preliminary Budget and proposed amounts to be raised by the benefit tax on benefited properties in the Town Sewer Improvement District, approved by the Town Board, and filed with the Town Clerk for fiscal year commencing January 01, 2003, and having heard all persons in favor of, or against any items therein contained, therefore BE IT RESOLVED, the preliminary budget is hereby approved as filed, and the same is hereby adopted and established as the annual budget of this Town for the fiscal year beginning January 01, 2003, and such annual budget, as so adopted, is filed with the Town Clerk, and RESOLVED, that the Town Clerk of this Town shallprepare and certify, as provided by law, duplicate copies of the annual budgets, hereby adopted, together with the assessment rolls for the benefit of improvement for the Water Fund and the Sewer Fund, adopted pursuant to Section 202-a of the Town Law and within five days thereof, deliver two copies to the Supervisor of the Town and the Supervisor shall present the copies of the annual budgetto the Legislature of Cortland County within ten days after his receipt thereof from the Clerk. Town Clerk Karen Q. Snyder apprised the Board, based on the Special Town Board Meeting held on November 7', 2002, at the Cortlandville Fire Department, fifty-six comments/concerns have been filed in the Town Clerk's office in opposition to the proposed gas station. Supervisor Thorpe questioned how many comments were received in favor of the proposed gas station. Town Clerk Snyder replied not one comment was received in favor of the proposed project. Attorney Folmer reported: Rerob, LLC: Attorney Folmer apprised the Board he had forwarded the comments received by the Town Clerk's office to Attorney Mike Shafer. Generic letters were submitted, in which a concerned constituent simply signed his/her name to the letter. In this case, the names and addresses of those who signed the form were provided to Attorney Folmer and then forwarded on to Attorney Shafer. The comment period terminates November 25, 2002 at 12:00 p.m. At that time Attorney Shafer will be provided all the comments, including the generic letters. Attorney Folmer stated Attorney Shafer must respond to each comment/concern on behalf of the applicant. 1 1 LJ 77 NOVEMBER 20, 2002 TOWN BOARD MEETING PAGE 7 Conveyance of Hobart Hill Property: Attorney Folmer apprised the Board the Hobart Hill transfer of property to Bernard Glazier was completed. The $300.00 payment was transmitted to Town Clerk Snyder, and the deed was delivered to Mr. Glazier. Attorney Folmer stated he assumed Mr. Glazier recorded the deed with the County Clerk. Highland Road Project SEQRA Review: Attorney Folmer stated he received three or four responses in favor of the Town acting as Lead Agency with regard to the Highland Road Project. Attorney Folmer requested the Board add the Highland Road project to the Town Board agenda of December 4', 2002, for SEQRA Review. RESOLUTION #212 SCHEDULE THE HIGHLAND ROAD PROJECT SEQRA REVIEW FOR THE DECEMBER 04, 2002 BOARD MEETING Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board shall discuss and complete the Highland Road Project SEQRA Review at the Town Board Meeting scheduled December 04, 2002 at 7:00 p.m., and it is further RESOLVED, the Town Board will act as Lead Agency regarding said project. Attorney Folmer apprised the Board the Town Clerk's office had approximately one hundred easements ready the Highland Road -Project that must be recorded in the County Clerk's office in batches of ten. Councilman Rocco questioned how the easements were created. Attorney Folmer stated Town Engineer Hayne Smith was working on the easements along with the Town Clerk's office. He commended Town Engineer Smith for his work on the project. Town Clerk Snyder apprised the Board the Town Clerk's office made phone calls to property owners involved, and the easements were sent to the property owners for their review. The property owner can either have the easement notarized at the Town Clerk's office or elsewhere. Councilman Rocco questioned whether there were problems obtaining signatures. Town Clerk Snyder stated there were a few problems that had been rectified. Councilman Rocco made a motion, seconded by Councilman Testa, to receive and file correspondence from Chuck Paul, National Safety Council's Defensive Driving Course. All voting aye, the motion was carried. RESOLUTION #213 AUTHORIZE USE OF TOWN HALL FOR THE DEFENSIVE DRIVING COURSES FOR THE YEAR OF 2003 Motion by Councilman Rocco Seconded by Councilman Testa S VOTES: ALL AYE ADOPTED' BE IT RESOLVED, the Safety Council of Central New York is hereby authorized to use the Town Hall to conduct their Defensive Driving Course for the year of 2003, per the schedule submitted. RESOLUTION #214 APPROVE PLUMBERS APPLICATION OF RICHARD SHAW FOR WATER AND SEWER CONNECTIONS WITHIN THE TOWN OF CORTL NDVILLE Motion by Councilman Rocco Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED A:OVEMBER 20, 2002 TOWN BOARD MEETING PAGE 8 WHEREAS, an application was submitted by Richard Shaw, 5504 Lake Road, Tully, NY, for approval to install water and sewer services in the Town, and WHEREAS, such application included references and previous experience, as required, and has been reviewed and recommended for approval by Water & Sewer Administrator, Carl Bush, therefore BE IT RESOLVED, the application submitted by Richard Shaw is hereby approved and his name shall be added to the approved Plumbers List of the Town of Corllandville. Councilman O'Donnell made a motion, seconded by Councilman Rocco, to receive and file correspondence from the Cortland County Health Department Division of Environmental Health regarding the SEQR for the sewer extension, Highland Road. All voting aye, the motion was carried. Councilman Rocco made a motion, seconded by Councilman O'Donnell, to receive and file correspondence from John Helgren of the Cortland County Health Department Division of Environmental Health regarding the sewer system at 964 McLean Road. All voting aye, the motion was carried. Councilman Rocco made a motion, seconded by Councilman Testa, to receive and file correspondence from Cortland County Health Department Division of Environmental Health regarding the proposed Express -Marl, NYS Route 13. All voting aye, the motion was carried. Councilman Rocco made a motion, seconded by Councilman O'Donnell, to receive and file correspondence from James Trasher of Clough Harbour & Associates, regarding a review of the Stormwater Pollution Prevention Plan/Stormwater Management Plan for the proposed self -storage complex on Luker Road. All voting aye, the motion was carried. Planning Member, Nick Renzi, questioned whether the report from the Cortland County Health Department Division of Environmental Health, regarding the proposed Express Mart on NYS Route 13, was forwarded to Tim Buhl of Resource Associates. Mr. Renzi stated he forwarded two copies to Planning Board Chairperson Katherine Wickwire hoping she would forward one of the copies to Mr. Buhl. Supervisor Thorpe was not aware if Mr. Buhl received such information. Mr. Renzi stated the report was done as a courtesy, and would check with Chairperson Wickwire as to whether the report was forwarded to Mr. Buhl. Mr. Renzi also questioned whether the Board received and filed the letter he submitted to the Board regarding the proposed gas station. Councilman O'Donnell apprised Mr. Renzi the Board received the letter at the beginning of the meeting. Councilman O'Donnell made a motion, seconded by Councilman Pilato, to receive and file correspondence from Mark and Cindy Davis regarding the proposed off road motorcycle event to be held on the Davis' property on Sears Road. All voting aye, the motion was carried. Councilman O'Donnell made a motion, seconded by Councilman Pilato, to receive and file correspondence from Mark and Cindy Davis regarding the process of the motorcycle event and answers to concerns from neighbors. All voting aye, the motion was carried. Councilman O'Donnell made a motion, seconded by Councilman Pilato, to receive and file correspondence from Charles E. Davis, Ithaca Dirt Riders, regarding the motorcycle event. All voting aye, the motion was carried. 79 NOVEMBER 20, 2002 TOWN BOARD MEETING PAGE 9 Councilman Rocco made a motion, seconded by Councilman Pilato, to receive and file correspondence from residents of Sears Road regarding a permit to host an off road motorcycle race for a 200 member ATV Four Wheeler Club. All voting aye, the motion was carried. RESOLUTION #215 AUTHORIZE SUPERVISOR TO TRANSFER $11,000 FROM THE SEWER SURPLUS FUND TO THE CAPITAL PROJECT SEWER FUND FOR THE HIGHLAND ROAD SEWER PROJECT Motion by Councilman Testa Seconded by Councilman O'Donnell 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 $11,000.00 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. Supervisor Thorpe apprised the Board Code Enforcement Officer, Bruce Weber wrote a letter to Gerald Pollock of Cortland Glass regarding a zoning violation. Planning Member Nick Renzi questioned what the zoning violation was f or. Attorney Folmer stated the violation had to do with the pavin of a parking lot in violation of the Town's Stormwater Management Regulations. He stated he would follow up with the matter and contact CEO Weber to discuss how he would like to proceed. RESOLUTION #216 REFER CODE VIOLATION OF GERALD POLLOCK OF CORTLAND GLASS FOR PROPERTY LOCATED AT 1013 ROUTE 13 TO TOWN ATTORNEY FOR REVIEW AND PROCEED AS REQUIRED Motion by Councilman O'Donnell Seconded by CouncilmanTesta VOTES: ALL AYE ADOPTED BE IT RESOLVED, the code violation of Gerald Pollock of Cortland Glass for property located at 1013 Route 13, Cortland, NY, is hereby referred to the Town Attorney for review, and it is further RESOLVED, the Town Attorney is hereby directed to proceed with compliance, as required. Councilman Pilato made a motion, seconded by Councilman O'Donnell, to receive and file correspondence from Roger Kara, Cortlandville Highway Employee, regarding retirement. All voting aye, the motion was carried. RESOLUTION #217 AUTHORIZE SUPERVISOR TO ISSUE PAYMENT TO HIGHWAY EMPLOYEE ROGER KARN FOR ACCRUED UNUSED VACATION DAYS Motion by Councilman Pilato Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED WHEREAS, a request has been received by Highway employee Roger Karn to receive payment of his unused vacation time, and 3 NOVEMBER 20, 2002 TOWN BOARD MEETING PAGE 10 WHEREAS, Roger Karn will be retiring from the Town of Cortlandville effective December 30, 2002, and WHEREAS, Mr. Karn has accrued 26.47 unused vacation days, and WHEREAS, the Town's Personnel Policy allows any full-time employee who terminates their employment, entitlement to the vacation earned the previous year, plus the prorated vacation earned in the calendar year in which their employment terminates, and BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to issue payment to Roger Karr for 26.47 accrued unused vacation days effective December 30, 2002. Supervisor Thorpe apprised the Board the proposition permitting the conduct of games of chance within the Town was defeated by a vote of 1,023 to 951 at the November 50', 2002 general election. Councilman Testa made a motion, seconded by Councihman Rocco, to receive and file correspondence from the Cortland County Board of Elections regarding Local Law #4 of 2002, Games of Chance. All voting aye, the motion was carried. Councilman Rocco made a motion, seconded by Councilman O'Donnell, to receive and file correspondence from James Trasher of Clough Harbour & Associates, regarding Express Mart review fees. All voting aye, the motion was carried. There was a brief discussion regarding the permit for the proposed off road motorcycle/ATV event to be held on the Davis' property on Sears Road. Councilman O'Donnell stated he made phone calls to residents in the area who regularly attend such events to learn more about the event and what it entails. He informed the Board people of all ages participate in the event, as it is more of a family affair than a rowdy event. Participants from out of town would most likely be camping overnight, which is also considered a family event. Councilman O'Donnell informed the Board that there have been fifteen events this past year in surrounding counties. Cortland County has never held a race. There would be some noise from the motorcycles and ATVs, but because the event is held in the woods the noise would be minimal. The race begins around 8:00 a.m. and ends before 5:00 p.m. The Davis' also assured the Board the trash would be taken care of. Councilman O'Donnell stated since the races are monitored by the American Motorcyclist Association (AMA) and there are rules and regulations, he did not have a problem with the event. Councilman Rocco stated he wanted to be sensitive to those people who were not in favor of the event. However there were an overwhelming number of Sears Road residents who stated the event would not be a problem. He questioned Geri Steigerwalt of Sears Road, who had a concern for her horses, what precautions she would have to take to ensure the safety of the horses. Geri Steigerwalt stated she would have to construct another electric fence to prevent her horses from escaping. She stated there were many aspects of the event she was not aware of, such as participants camping overnight and that the race was a family event. She stated she was concerned about the race because it would be held across the street from her property. Attorney Folmer reminded Mrs. Steigerwalt that the permit, if approved, would be issued for the particular event. If the event turned out to be something that was not anticipated, and another permit is requested in the future, the Board would have historical data to use in its review of the permit. Councilman Rocco stated he was concerned about the race but was also concerned about the taxpayers who have a right to use their property. 1 n U 1 NOVEMBER 20, 2002 TOWN BOARD MEETING PAGE 11 RESOLUTION #218 AUTHORIZE THE TOWN CLERK TO ISSUE A PERMIT FOR A HARE SCRAMBLE TO BE HELD ON SEARS ROAD FOR A ONE -DAY MOTORCYCLE/ATV EVENT TO BE HELD IN THE YEAR 2003 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 Town Clerk to issue a permit to Mark and Cindy Davis for a Hare Scramble to be held off the Sears Road for a one -day motorcycle/ATV event, to be held in the year 2003. • Councilman Rocco made a motion, seconded by Councilman Pilato, to receive and file correspondence from Planning Board Member Nick Renzi dated November 13, 2002, regarding the proposed gas station on Route 13. All voting aye, the motion was carried. Councilman Pilato made a motion, seconded by Councilman Testa, 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 5:50 p.m. The following information was received from the Supervisor's office. Councilman Pilato 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. No action was taken. Councilman Rocco made a motion, seconded by Councilman Pilato, to adjourn the Regular Meeting. All voting aye, the motion was carried. The meeting was adjourned at 6:40 p.m. is Respectfully submitted, Karen Q. Snyder Town Clerk Town of Cortlandville