HomeMy WebLinkAbout12-04-20026
DECEMBER 04, 2002
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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; Water & Sewer Sup't., Peter
Alteri; Planning Board Member, Nick Renzi; James Trasher of Clough, Harbour &
Associates; Berme Thoma of Thoma Development Consultants, New York State Police
Sergeant Susan Lockard; Jill Giocondo of the Cortland Standard.
Supervisor Thorpe called the meeting to order.
Councilman Rocco made a motion, seconded by Councilman Pilato, to receive and
file the Zoning Board of Appeals Minutes of July 16, 2002. All voting aye, the motion was
carried.
Councilman Rocco made a motion, seconded by Councilman O'Donnell, to receive
and file the Zoning Board of Appeals Minutes of July 30, 2002. All voting aye, the motion
was carried.
Councilman O'Donnell made a motion, seconded by Councilman Rocco, to receive
and file the Planning Board Minutes of July 30, 2002. All voting aye, the motion was
carried.
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 #578 - 611
$
47,919.98
General Fund B
B 146 - B 153
$
7,400.23
Highway Fund DB
D439 - D454
$
44,655.09
Water Fund
W262 - W269
$
50,157.46
Sewer Fund
S 123 - S 124
$
26,266.79
Supervisor Thorpe offered privilege of the floor to those in attendance.
New York State Police Sergeant, Susan Lockard, out of Homer, New York,
apprised the Board she periodically attends local board meetings for the townships
covered by the State Police to extend their services. Sergeant Lockard asked the Board if
they had any questions or concerns.
Councilman Rocco questioned Sergeant Lockard what was going on with the
Homeland Security in respect to the State Troopers, and whether there was anything the
Town should be aware of.
Sergeant Lockard stated the New York State Police continue to get warnings
regarding numerous issues, but nothing that the Town should directly be aware of. Most
of the warnings are not related to Cortland County. She stated there is a class of 200 NYS
Troopers who would be going up north to protect and enf orce the United States and
Canadian border.
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DECEMBER 04, 2002 TOWN BOARD MEETING PAGE 2
Councilman Testa questioned whether the New York State Police Station in Homer,
New York, was open twenty-four hours a day.
Sergeant. Lockard replied no. She stated she works the afternoon shift, which runs
from 3:00 p.m. to 11:00 p.m., five days a week. The Station Commander is generally at the
station from 7:00 a.m. to 3:00 p.m. If nobody is at the station the doors are locked.
However, in case of an emergency, there is a pull -box located outside the station, which
would connect the person in need to a dispatcher. A state trooper would return to the
station immediately.
Councilman O'Donnell questioned how many troopers were stationed at the Homer
- Station.
Sergeant Lockard informed the Board there are thirteen troopers, three
investigators, two sergeants, and a commercial vehicle enforcement unit. There is also a
satellite office of the Homer station located in Marathon, New York.
Councilman Rocco questioned what would happen with the workload for the State
Troopers due to the new law recently adopted regarding driving while intoxicated (DWI).
By meeting the federal standards of .08 blood alcohol content, he stated he did not see how
lowering the standard would decrease statistics.
Sergeant Lockard stated people who are arrested for DWI are usually well over the
current legal limit of 0.10 blood alcohol content. However, people with a blood alcohol
content level of .08 are definitely intoxicated.
Councilman Rocco questioned whether there were repeat DWI offenders.
When an individual is arrested for DWI, Sergeant Lockard stated his driving
license is revoked, and he cannot get automobile insurance. Most repeat offenders drive
without. a valid license, without insurance, and without their car being registered.
Attorney Folmer questioned if the New York State Police kept track of accident
statistics by location.
Sergeant Lockard stated the information could be obtained from the New York
State Police Station located in Sidney, New York.
Supervisor Thorpe thanked Sergeant Lockard for attending the meeting.
Supervisor Thorpe offered privilege of the floor to Bernie Thoma.
Bernie Thoma of Thoma Development apprised the Board he was in attendance to
answer questions regarding Country Inns & Suites and Martin Estruch's request for
financial assistance with the hotel.
Attorney Folmer stated in the agreement that connects the Town with the Wilbedone
project, there are certain items the Town is responsible for in the event the project fails,
including failure to repay. However, Wilbedone made a promise to repay the Town. In
regards to Country Inns & Suites, Mr. Estruch has requested a grant, in which there is no
promise to repay the money.
Mr. Thoma stated there must still be an agreement between the Town and the
borrower to make sure that the borrower is responsible if the requirements set by the state
are not met. One requirement the borrower must meet is to create twenty-five jobs.
Assuming the twenty-five jobs are not created, Attorney Folmer questioned what
the result would be.
Mr. Thoma stated he would recommend there be an agreement that makes the
borrower liable to pay back any funds the Town would be responsible for. Mr. Thoma
was not sure if the state would Bold the Town liable if the requirement to create jobs was
not met.. He stated there should be an agreement between the Town and the developer in
the event the state held the Town responsible.
Attorney Folmer apprised Mr. Thoma the reason a grant was being discussed was
because the financial institution lending the money would not approve the grant as a loan.
A deferred payment loan would not be approved either, because it is still a loan and would
eventually have to be repayed.
Mr. Thoma apprised Attorney Folmer the difference between the grant and loan was
that if the borrower met his two obligations of building the hotel and employing twenty-
five people, the Town can then show they have met their obligation.
Attorney Folmer questioned what would happen if the hotel employed twenty-five
people, met its obligation, and then fired four people leaving only twenty-one people
employed.
Mr. Thoma apprised the Board the state looks at the high mark of employment.
Once itis documented that the job goal was met, the borrower has satisfied his obligation.
g DECEMBER 04, 2002 TOWN BOARD MEETING PAGE 3
Attorney Folmer questioned if the Board could make a decision to obtain an
agreement for review prior to making a commitment to the project.
Mr. Thoma stated the Town is in the preliminary stage of the process. The
application was initially submitted as a loan. Mr. Thoma asked the Board to determine
whether it was acceptable to submit the application as a grant. The state would commit the
money and request the Town submit a full application.
Attorney Folmer questioned what would happen if the Board chose not to complete
the application.
Mr. Thoma apprised Attorney Folmer the Board would not be obligated to
complete the application if some aspects of the project changed. However, if the Board
had already decided not to complete the application he would not want to submit it to
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begin with.
Attorney Folmer stated his point was that the Board was not sure if they would
apply f or the grant.
Mr. Thoma apprised Attorney Folmer that before the Board would have to make a
final decision the state would have already approved or denied the structure. He stated the
Town would have the ability to turn down the grant if it did not agree with the terms of the
agreement. He stated the agreement would be similar to the agreement signed in the past
regarding Wilbedone.
Attorney Folmer questioned whether the terms of the agreement were included in
the application that would be submitted for the grant.
Mr. Thoma replied no. Once the final application is submitted and the state
approves the grant, the terms of the agreement are provided. Attorney Folmer reiterated
that the Town would not know the terms and conditions of the agreement prior to the
approval of the grant. He was weary of what would happen in the event the developer did
not meet his obligations.
Mr. Thoma stated the Town would not know what the obligations would be for
sure, but would be similar to the terms the Town agreed to with the Wilbedone project.
Attorney Folmer stated the project regarding Wilbedone was different in that there
was a promise to repay the loan if something went foul because it was a loan. He stated a
grant is a gift, or rather an absolute transfer of title of the money to the developer. There is
no obligation repay.
Mr. Thoma stated the Town would not simply hand the developer the grant money.
An agreement would be signed requiring the developer to complete its part of the deal,
which was to build the hotel, open the hotel, and create twenty-five jobs. If part of the
agreement was not completed the developer would be liable to repay the money to the
Town.
Attorney Folmer questioned whether the bank would comply
with the agreement.
Mr. Thoma stated the bank should not have a problem with
the aggreement.
Councilman Rocco stated he was not sure if the bank would allow any statements
regarding liabilities.
Attorney Folmer stated that was one of his concerns. He stated Mr. Estruch
informed him one of the reasons the application had to be submitted as a grant rather than a
loan was because his bank was not prepared to allow him to enter into any type of loan
situation.
Mr. Thoma stated if the bank did not want Mr. Estruch to be liable for anything, Mr.
Estruch would need to straighten the situation out.
Attorney Fohner stated he was nervous about submitting an application to the state
that would lead the state to believe the Town is prepared to deal with a $375,000 grant. He
did not feel comfortable having the state approve the grant if the Town was not going to
accept the grant. The Town should be consistent.
Councilman Rocco stated he had similar concerns but also believed a hotel such as
Country Inns & Suites, with a beautiful facility in close proximity to SUNY Cortland,
would benefit the Town and be a successful business.
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Councilman Rocco stated the grant application process was new to the Town. He
was concerned with the state making $375,000 available, and in return having the Town
decline the grant. The owner would have invested $1.1 million dollars into the hotel. If
the Board denied Country Inns & Suites, Councilman Rocco stated another developer
would eventually approach the Board and want to erect a hotel at the same location.
In regards to putting restrictions on Mr. Estruch, Councilman Rocco stated the bank
would not allow it.
Mr. Thoma stated lbir. Estruch understood he would be obligated to build the hotel
and hire twenty-five people, as those requirements qualify him to receive the grant money.
He stated he did not believe Mr. Estruch or the bank would have a problem with the Town
stating it would have control over the grant money until the requirements were fulfilled.
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DECEMBER 04, 2002 TOWN BOARD MEETING PAGE 4
Attorney Folmer replied that if the state approached the Town and stated it would
not approve the grant without the requirements, the Town should not have to complete the
application. Likewise, if the bank stated it would not finance the project with the Town's
requirements, he stated the Town should not have to accept the grant money from the state
and go through with the project.
Councilman Testa suggested the hotel cut back some of its expenses, such as its
extravagant swimming pool until the owner got his feet on the ground.
Councilman Rocco stated the Town needed a nice facility rather than a "hodge-
podge."
Councihnan Pilato stated if the NYS Route 281 location was a prime location for a
hotel, another developer would eventually approach the Town who could finance the
entire project without asking the Town for a grant or loan. Councilman Pilato stated the
Town would encounter problems once it started acting as a bank for developers,
regardless of where the money came from.
Councilman Rocco stated the Town did not have to accept every proposition that
comes before the Board. He reiterated the necessity of a hotel in the Town of Cortlandville
and stated Country Inns & Suites would be a good facility.
Councilman Pilato stated he did not remember the developer requesting a $375,000
loan from the Board in his original proposal.
Councilman Testa questioned whether the Board could accept the proposal
according to specific conditions and then not grant the loan if either the bank or state had a
problem with the conditions. He questioned if the Board could continue the process and
then reject the proposal later.
Mr. Thoma stated as part of the final approval the Town would have to submit a
commitment letter from the developer's bank that would meet the covenants required by
the Board. If the bank does not agree with the Board's covenants there would not be a
final commitment.
Councilman Testa stated he wanted to make sure the Board could continue the
process and then later reject it.
Attorney Folmer stated the Board authorized the submission of an amended
�roposal, which turned the loan into a grant. If the grant is approved by the state and
375,000 is set aside for the Town, the state would then send a contract. If the Board does
not agree to the terms of the contract Supervisor Thorpe would not have to sign the
contract.
However, if the Board turned down the grant money from the state, Attorney
Folmer stated the Town could be subject to criticism for not encouraging new business but
instead discouraging the development of the facility.
Councilman Rocco stated he would not have a problem voting based on the facts.
Councilman Testa stated the Town of Cortlandville never receives grants.
Mr. Thoma stated the Town would not have any obligations to the state after it
received the grant. The Town would then loan the grant money to the developer of
Country Inns & Suites. He stated the money the Town loaned to Wilbedone was also a
grant from the state.
Attorney Folmer stated there was a stipulation in the agreement with Wilbedone,
which stated when the loan was repaid the funds would remain in the Town for the use of
business development and the creation of jobs by someone else.
Councilman Rocco stated the Board suggested changing the grant to a loan with
repayment after twenty years.
Attorney Folmer stated the bank would not comply with such request.
Councihman Rocco stated the discounted value of $375,000 after twenty years
would be about $100,000 or less. He stated the money the Town would receive from the
county sales taxes would benefit the Town. The hotel would contribute to the growth of
Cortlandville.
Supervisor Thorpe stated if the NYS Route 281 location was indeed a desirable
location for such a facility, he stated there would be another developer in the future who
had the money to fund the project alone.
Councilman Rocco and Councilman Testa both agreed that the owner of the hotel
had a successful tractrecord with his other hotels. Councilman Testa stated the Board
could later decide not to accept the grant money from the state if the developer could not
accept the money as a loan.
Supervisor Thorpe asked the Board to vote whether it should continue the process
as long as the Town would not be committed to the state and the grant money until
Supervisor Thorpe signed the agreement.
D ECEMBER 04, 2002
TOWN BOARD MEETING
PAGE
RESOLUTION #220
AUTHORIZE THOMA DEVELOPMENT TO PROCEED
WITH AN APPLICATION TO THE STATE OF NEW YORK
FOR A GRANT FOR MARTIN ESTRUCH — COUNTRY
INN AND SUITES
Motion by Councilman Testa
Seconded by Councilman Rocco
VOTES: Testa AYE
O'Donnell AYE
Rocco AYE
Pilato NAY
WHEREAS, Thoma Development has requested the Town to make application to the State
of New York for available grant funds for the benefit of Martin Estruch - Country Inn & is
Suites, a proposed hotel to be located at 3707 Route 281, therefore
BE IT RESOLVED, the Town Board does hereby authorize and direct Thoma
Development to make application to the State of New York for a grant for the benefit of
Martin Estruch - Country Inn & Suites.
Monthly report of the Town Clerk for November 2002 is on the table for review
and filed in the Town Clerk's office.
Attorney Folmer reported:
Sign Ordinance Violation:
Attorney Folmer apprised the Board Town Justice Mardis Kelsen set a trial date for
the Steve Timmons sign ordinance violation for December 11, 2002 at 1:30 p.m.
Emory Knight Junkyard Violation:
Attorney Folmer apprised the Board Town Justice Mardis Kelsen also scheduled a
trial date for the Emory Knight ]'unkyard violation for December 18, 2002 at 10:00 a.m.
There was a second alleged violation against Mr. Knight regarding someone inhabiting a
trailer with an addition located on the western end of his property without a permit. Code
Enforcement Officer, Bruce Weber, was advised by Attorney Folmer to file a separate charge
against Mr. Knight rather than trying to combine the violation with the junkyard violation,
which would result in a further delay of the trial date for the initial charge.
Unless there was a resolution prior to the trial dates, Attorney Folmer would be
conducting the trials.
Rerob, LLC:
Attorney Folmer apprised the Board he wrote a letter to Attorney Mike Shafer
regarding the Rerob, LLC project indicating he should possess all public comments received
up to closing of the public comment period, which ended November 25, 2002. A copy of the
correspondence was given to Town Clerk Snyder, Supervisor Thorpe, and James Trasher of
Clough, Harbour & Associates.
Retirement Insurance Plan Policy: 11
Attorney Folmer stated he had a proposed revision to the Town's Retirement
Insurance Plan Policy that was discussed by Councilman Rocco, Councilman O'Donnell,
Town Bookkeeper Marcia Hicks, and himself.
Town Clerk Snyder was asked to distribute the policy.
Attorney Folmer apprised the Board he did not have an answer to their prior question
regarding why the plan discusses retirement plan eligibility, as he was unable to contact the
gentleman from Tully at the telephone number provided by Town Bookkeeper Marcia Hicks.
DECEMBER 04, 2002 TOWN BOARD MEETING PAGE 6
Highland Road Sanitary Sewer Project, SEQRA Review:
Attorney Folmer informed the Board James .Trasher of Clough, Harbour &
Associates was unable to review the SEQRA for the Highland Road Sanitary Sewer
Project. The Board would therefore have to postpone discussion until the next Town
Board meeting scheduled for December 18'i', 2002.
RESOLUTION #221 AUTHORIZATION TO RELEVY DELINQUENT WATER
AND SEWER ACCOUNTS TO THE 2003 TAX ROLL OF
THE TOWN
Motion by Councilman Rocco
Seconded by Councilman O'Donnell
VOTES: ALL AYE ADOPTED
WHEREAS, the fist of delinquent accounts of the Water & Sewer Department of the Town
was submitted, as required, therefore
BE IT RESOLVED, the Town Board does hereby receive and forward the list of delinquent
water and sever accounts of the Town of Cortlandville to the Cortland County Real Property
Tax Office, to be relevied onto the 2603 tax roll of the Town.
RESOLUTION #222 APPOINT M. GENE P. WALDBAUER TO THE
CORTLANDVILLE PLANNING BOARD
Motion by Councilman Testa
Seconded by Councilman Pilato
VOTES: ALL AYE ADOPTED
WHEREAS, due to the resignation of Planning Board Member Eleanor Tarbell, there is a
vacancy, and
WHEREAS, a list of perspective members has been reviewed by the Planning Board and the
Town Board, therefore
BE IT RESOLVED, that the Town Board hereby appoints M. Gene P. Waldbauer of 1204
Starr Road, Cortland, New York to the Cortlandvilfe7 Planning Board, commencing January
26, 2003 and shall expire December 31, 2005, and it is further
RESOLVED, the appointment shall become effective January 26, 2003 subject to the
submission of a resignation letter from Eleanor Tarbell to the Town Clerk's Office.
RESOLUTION #223 APPOINT JOSEPH L. BASILE, JR. TO THE
CORTLANDVILLE PLANNING BOARD
Motion by Councilman Testa
Seconded by Councilman Rocco
VOTES: ALL AYE ADOPTED
WHEREAS, due to the resignation of Planning Board Member Earl Randolph, there is a
vacancy,and
WHEREAS, a list of perspective members has been reviewed by the Planning Board and the
Town Board, therefore
BE IT RESOLVED, that the Town Board hereby appoints Joseph L. Basile, Jr. of 1188
Hillside Drive, Cortland, New York to the Cortlandville Planning Board, for four years
commencing January 26, 2003 and shall expire December 31, 2006, and it is further
RESOLVED, the appointment shall become effective January 26, 2003 subject to the
submission of a resignation letter from Earl Randolph to the Town Clerk's Office.
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DIE CEMBER 04, 2002 TOWN BOARD MEETING PAGE 7
There was a brief discussion regarding correspondence from Barry Stevens, Regional
Traffic Engineer f or the NYS Department of Transportation, regarding the Town's request for
a lower speed limit on Pendleton Street. In response to the Town's request the NYS DOT
completed a study of Pendleton Street. In it's review it determined that a reduced speed was
not appropriate.
Councilman Testa made a motion, seconded by Councilman Rocco, to receive and file
correspondence from Barry Stevens, NYS Department of Transportation, regarding the
request to lower the speed limit on Pendleton Street. All voting aye, the motion was carried.
RESOLUTION #224 AUTHORIZE AND DIRECT TOWN ATTORNEY TO
PROCEED WITH LITIGATION REGARDING A ZONING
VIOLATION OF EMORY KNIGHT
Motion by Councilman O'Donnell
Seconded by Councilman Rocco
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize and direct. Town Attorney John
Folmer to proceed with litigation regarding a zoning violation of Emoty Knight.
RESOLUTION #225 AUTHORIZE HIGHWAY SUP'T CARL BUSH TO HIRE
RAY BROWN, JR. AS MOTOR EQUIPMENT OPERATOR
Motion by Councilman Testa
Seconded by Councilman O'Donnell
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Highway Sup't. is hereby authorized and directed to hire Ray
Brown, Jr., of 449 Lafayette Road, Groton, New York as a Motor Equipment Operator, in
accordance with the Highway Pay Schedule, effective December 16, 2002.
There was a brief discussion regarding the old water- and sewer garage located on
Terrace Road.
Water & Sewer Sup't., Peter Alteri, Jr. apprised the Board he and Highway Sup't.
Carl Bush discussed what should be done with the old water and sewer garage. At first, he
and Sup't. Bush thought it might be possible to sell the garage, but determined it would be
more beneficial to demolish the building.
Water & Sewer Sup't. Alteri stated the building was stripped of all materials that could
still be used.
RESOLUTION #226 AUTHORIZE DEMOLITION OF THE OLD WATER AND
SEWER GARAGE LOCATED ON TERRACE ROAD
Motion by Councilman Testa
Seconded by Councilman Rocco
VOTES: ALL AYE ADOPTED
WHEREAS, a new municipal building was constructed in 200t for the Water & Sewer
Department, and
WHEREAS, the old water and sewer garage is obsolete, therefore
BE IT RESOLVED, the Town Board hereby authorizes and directs Water & Sewer
Adnunistrator, Carl Bush, to dismantle and dispose of the obsolete water and sewer garage
located on Terrace Road, Cortland, New York, and it is further
RESOLVED, the Supervisor is hereby authorized and directed to remove the obsolete water
and sewer garage from the Town's Fixed Assets and notify the Town's insurance company
once demolished.
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DECEMBER 04, 2002 TOWN BOARD MEETING PAGE 8
There was a brief discussion regarding the Community Development Block Grant
Program (CDBG) for Blodgett Mills.
Through correspondence, Ann Hotchkin of Thoma Development requested the Town
schedule public hearings for the CDBG Program in Blodgett Mills.
Councilman Testa questioned when Ms. Hotchkin requested the public hearings be
held, as well as what the progress of the CDBG was.
Supervisor Thorpe apprised the Board of the three recommended dates provided by
Ms. Hotchkin acid informed them the hearing could be held at a regular meeting at the Town
Hall or in Blodgett. Mills. Ms. Hotchkin also provided a legal notice.
Councilman O'Donnell believed the attendance for the public hearing would be greater
if the meeting was held in Blodgett Mills.
Attorney Folmer informed the Board the legal notice stated that the Board intended to
submit an application to New York State for funding under the Federal Small Cities
Community Development Block Grant Program sometime in April of 2003. Two public
hearings must be held as part of the process to solicit public input. The first public hearing
• must be held in the planning stage, while the second hearing must be held once the application
is completed and there is a budget. Attorney Folmer stated he was not sure whether both
public hearings had to be held prior to April 2003.
Attorney Folrner apprised the Board Thoma Development would conduct the public
hearing with the help of a few Board members.
Attorney Folmer stated he would contact Ms. Hotckin regarding her request and get
back to the Board.
Councilman Rocco made a motion, seconded by Councilman Pilato, to receive and file
correspondence from Ann Hotchkin of Thoma Development regarding public hearings for
the Community Development Block Grant. for Blodgett Mills. All voting aye, the motion was
carried.
Supervisor Thorpe informed the Board he received a letter from Kevin Burns, Chief of
Grants, New York State Office of Parks, Recreation and Historic Preservation, which was not
included in the night's agenda.
The Town's application submitted for the Community Park project under the
Environmental Protection Fund/Clean Water -Clean Air Bond Act, was not selected for
funding. Out of the 498 applications received requesting over $102 million, only $15 million
was available for distribution. However, the Town's application would remain in
consideration for a grant under the Federal Land and Water Conservation Fund (LWCF)
program. Grant decisions will be finalized in February 2003.
Councilman Pilato made a motion, seconded by Councilman O'Donnell, to receive
and file correspondence from Kevin Burns, Chief of Grants, New York State Office of Parks,
Recreation and Historic Preservation, in which the Town's application submitted for the
Community Park project was denied. 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. All voting aye, the motion was carried.
The meeting was recessed at 7:52 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 O'Donnell, to adjourn
the Regular Meeting. All voting aye, the motion was carried.
The meeting was adjourned at 8:25 p.m.
Resp tfully submitted,
Karen Q. Snyder
Town Clerk
Town of Cortlandville