HomeMy WebLinkAbout01-15-2003I D&
JANUARY 15, 2003
5:00 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;
Water & Sewer Sup't. Peter Alteri: James Trasher of Clough, Harbour & Associates; Town
Justice, Mardis Kelsen; Attorney Patrick Perfetti; County Legislator, Paul Allen; and Jill
Giocondo of the Cortland Standard.
Supervisor Thorpe called the meeting to order.
RESOLUTION #19 AUTHORIZE PAYMENT OF VOUCHERS - JANUARY
Motion by Councilman Rocco
Seconded by Councilman Pilato
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the vouchers submitted have been audited and shall be paid as
follows:
General Fund A
Vouchers #1 - 41
$
38,049.66
General Fund B
B1 - B3
$
28,942.89
Highway Fund DB
D 1 - D 16
$
20,988.24
Water Fund
W 1 - W 13
$
5,454.48
Sewer Fund
S1 - S5
$
1,597.32
Capital Projects
111 - H1
$
1,600.00
Supervisor Thorpe offered privilege of the floor to those in attendance.
Paul Allen, Cortland County Legislator, apprised the Board the County Legislature
was in the final stages of securing a new location for the Good Hope Youth Home. He
stated he would be attending the Virgil Town Board Meeting, January 16, 2003 to confirm
whether or not the County could change the Local Law in Virgil to allow youth detention
homes.
The County Legislature would like to find a new, viable location for the Good
Hope Youth Home, and get the County Farm, the current youth home, on the County tax
roll. The County owns the 116 acres of land and would like to sell a portion of the timber
on the farm, which would sell for an expected $50,000 to $80,000. The youth home
would also be sent to auction.
Mr. Allen stated if the farm were sold in lots for residential use the Town and
County tax base would increase.
Mr. Allen briefly discussed the 8.3% County tax increase for 2003. He stated he
had already spoken with many concerned constituents of the Town regarding the 33%
County tax increase in the past two years.
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JANUARY 15, 2003 TOWN BOARD MEETING PAGE 2
Mr. Allen apprised the Board the light at the top of the cell phone tower located on
Lighthouse Hill Road was no longer functioning, which was a concern of many
surrounding neighbors. The cell phone tower is in the flight path of the airport. There was
a general concern that the light being out could pose a potential risk for air travel.
Supervisor Thorpe stated the tower was built according to FAA specifications.
Mr. Allen stated the FAA did not insist the cell tower light stay on at times, but
rather required there to be a light in the building specifications. He stated fixing the light
would be at a cost to the owner of the tower.
Town Clerk Karen Snyder stated the tower was actually located on Locust Avenue.
Town Clerk Snyder suggested Mr. Allen check with the Town Assessor's office to inquire
as to who owns and rents the properly.
Mr. Allen stated Mr. Joseph Compagni, Sr., who is now deceased, owned the land.
Councilman Testa questioned whether the cost would be to the property owner or
to the renter who constructed the tower.
Attorney Folmer stated he was not aware what the lease agreement was. He stated
it may be the obligation of the transmission people to maintain their own tower.
Councilman Testa stated one owner of the tower was currently in Florida and could
not be reached.
Town Clerk Snyder suggested he speak with the Town Assessor. She informed
him the Town Clerk's office possessed Zoning Board Minutes regarding the tower as well.
Mr. Allen informed the Board and Highway Sup't. Carl Bush there was a problem
with a street light located in front of Natoli's Market on Route 11.
Highway Sup't. Carl Bush stated he would investigate the problem.
Councilman Rocco questioned Mr. Allen whether there was any progress regarding
the new position of County Administrator.
Mr. Allen stated the process was slowly moving along. The County Buildings &
Grounds authorized office space For the position. He stated the position would be
advertised soon and should attract many candidates.
Councilman Rocco questioned whether the County Administrator would be
required to live in Cortland County.
Mr. Allen stated living in the County would be a requirement. He also irnf ormed the
Board the salary for position would be $75,000.00.
Councilman O'Donnell reported to the Board he audited the Town Clerk's books.
He stated Town Clerk Snyder took time to eo through the books with him and appreciated
the time she spent with him. He complemented the Town Clerk for having her books in
order.
Supervisor Thorpe reminded the other Town Board auditors that the books for
other departments should be audited by January 20, 2003.
Councilman Testa apprised the Board there was a meeting regarding the Starr Road
Intermunicipal Park before tonight's Board Meeting.
He stated the committee decided it would be a good idea to hire a professional to
raise money for the park. He stated there was money available in the Town budget to do
so. Councilman Testa requested the approval to go forward with raising money for the
project.
Councilman O'Donnell agreed that hiring a professional for fundraising was a good
idea.
Councilman Testa stated the committee would like to raise one million dollars for
the project. He stated there were eighteen people who volunteered to help solicit the
money.
Supervisor Thorpe did not have an objection to hiring a professional.
Councilman Rocco apprised the Board he had the privilege of attending the
Cortlandville Fire District's Installation Banquet on January 10, 2002. He encouraged all
members of the Board to attend the banquet as they are invited each year.
Councilman Rocco stated he obtained a greater appreciation for the Fire
Department, and commented on how organized the banquet was. He also informed the
Board Senator Jim Seward was in attendance.
Councilman Rocco apprised the Board Lonna Maxson was honored for her service
as Fire Commissioner at the banquet..
JANUARY 15, 2003 TOWN BOARD MEETING PAGE 2
Mr. Allen apprised the Board the light at the top of the cell phone tower located on
Lighthouse Hill Road was no longer functioning, which was a concern of many
surrounding neighbors. The cell phone tower is in the flight path of the airport. There was
a general concern that the light being out could pose a potential risk for air travel.
Supervisor Thorpe stated the tower was built according to FAA specifications.
Mr. Allen stated the FAA did not insist the cell tower light stay on at times, but
rather required there to be a light in the building specifications. He stated fixing the light
would be at a cost to the owner of the tower.
Town Clerk Karen Snyder stated the tower was actually located on Locust Avenue.
Town Clerk Snyder suggested Mr. Allen check with the Town Assessor's office to inquire
as to who owns and rents the property.
Mr. Allen stated Mr. Joseph Compagni, Sr., who is now deceased, owned the land.
Councilman Testa questioned whether the cost would be to the property owner or
to the renter who constructed the tower.
Attorney Folmer stated he was not aware what the lease agreement was. He stated
it may be the obligation of the transmission people to maintain their own tower.
Councilman Testa stated one owner of the tower was currently in Florida and could
not be reached.
Town Clerk Snyder suggested he speak with the Town Assessor. She informed
him the Town Clerk's office possessed Zoning Board Minutes regarding the tower as well.
Mr. Allen informed the Board and Highway Sup't. Carl Bush there was a problem
with a street light located in front of Natoli's Market on Route 11.
Highway Sup't. Carl Bush stated he would investigate the problem.
Councilman Rocco questioned Mr. Allen whether there was any progress regarding
the new position of County Administrator.
Mr. Allen stated the process was slowly moving along. The County Buildings &
Grounds authorized office space for the position. He stated the position would be
advertised soon and should attract many candidates.
Councilman Rocco questioned whether the County Administrator would be
required to live in Cortland County.
Mr. Allen stated living in the County would be a requirement. He also informed the
Board the salary for position would be $75,000.00.
Councilman O'Donnell reported to the Board he audited the Town Clerk's books.
He stated Town Clerk Snyder took time to go through the books with him and appreciated
the time she spent with him. He complemented the Town Clerk for having her books in
order.
Supervisor Thorpe reminded the other Town Board auditors that the books for
other departments should be audited by January 20, 2003.
Councilman Testa apprised the Board there was a meeting regarding the Starr Road
Intermunicipal Park before tonight's Board Meeting.
He stated the committee decided it would be a good idea to hire a professional to
raise money f or the park. He stated there was money available in the Town budget to do
so. Councilman Testa requested the approval to go forward with raising money for the
project.
Councilman O'Donnell agreed that hiring a professional for fundraising was a good
idea.
Councilman Testa stated the committee would like to raise one million dollars for
the project. He stated there were eighteen people who volunteered to help solicit the
money.
Supervisor Thorpe did not have an objection to hiring a professional.
Councilman Rocco apprised the Board he had the privilege of attending the
Cortlandville Fire District's Installation Banquet on January 10, 2002. He encouraged all
members of the Board to attend the banquet as they are invited each year.
Councilman Rocco stated he obtained a greater appreciation for the Fire
Department, and commented on how organized the banquet was. He also informed the
Board Senator Jim Seward was in attendance.
Councilman Rocco apprised the Board Lonna Maxson was honored for her service
as Fire Commissioner at the banquet.
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JANUARY 15, 2003 TOWN BOARD MEETING PAGE 3
Monthly reports for the Town Clerk and Justice for the month of December 2002,
and for the Tax Collector for January 2003, are on the table for review and filed in the
Town Clerk's office.
Town Clerk Karen Snyder apprised the Board the Cortlandville Fire Department
submitted their 2002 annual report of incidents, which was the first time the annual report
was submitted to the Board.
Town Clerk Snyder also commented on the Cortlandville Fire Department's
Installation Banquet and its success.
Councilman Rocco made a motion, seconded by Councilman Testa, to receive and
file the annual report of incidents for the Cortlandville Fire Department for 2002. All
voting aye the motion was carried.
Town Clerk Snyder informed the Board Robert. Kelley, who served on the
Cortlandville Planning Board from 1980 to 1991, passed away.
Motion by Councilman O'Donnell
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Annual Report of the Town Clerk for the year 2002 is hereby
accepted, and shall be received and filed.
RESOLUTION #21 ACCENT ANNUAL REPORT OF TOWN RMO AND
SCHEDULE OF DISPOSED RECORDS IN 2002 IN
ACCORDANCE WITH THE RECORDS RETENTION AND
DISPOSITION SCHEDULE
Motion by Councilman Pilato
Seconded by Councilman Rocco
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby accept the Annual Report of the
Records Management Officer of the Town, including a list of the disposed records in 2002,
in accordance with the Records Retention Disposition Schedule, MU-l.
Attorney Folmer reported:
ACH Agreement. Between the Town and Alliance Bank:
Attorney Folmer briefly discussed the ACH Agreement between the Town and
Alliance Bank concerning the electronic transfer of funds. At the January 2"", 2003 Board
Meeting, Attorney Folmer apprised the Board he could not determine whether the
agreement he had in his possession was the actual agreement or a form.
® After speaking with officials at Alliance Bank, Attorney Folmer stated he was
satisfied the agreement, as presented to the Board, should be adopted.
RESOLUTION 422 AUTHORIZE SUPERVISOR TO SIGN ACH AGREEMENT
BETWEEN THE TOWN AND ALLIANCE BANK FOR
THE ELECTRONIC TRANSFER OF FUNDS
Motion by Councilman Rocco
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to
sign the ACH Agreement between the Town of Cortlandville and Alliance Bank regarding
the electronic transfer of funds.
JAA;TJAP.Y 1 2003 TOWN BOARD MEETING PAGE A
Village of Homer Contract:
Attorney Folmer apprised the Board there was an automatic renewal clause in the
contract between the Town and the Village of Homer. The contract requires the Town pay
the sum of $2,000.00 per year for services with the youth and recreation program in
Homer. The contract provides unless notice is given within thirty days of the end of the
fiscal year that the Town wishes to terminate the agreement, the contract would be
automatically renewed. The contract would have the exact terms and conditions for the
subsequent year.
Attorney Folmer stated the Town had a similar contract with the City of Cortland
during the 2002 year, which had an automatic renewal clause that was eliminated.
Although he was not unhappy with the renewal provision, Attorney Folmer wanted to
ensure the Board was aware of the provision before approving and signing the contract.
Attorney Folmer apprised the Board either the Town of Corllandville or Village of
Homer could terminate the contract eleven months from now. If the Village of Homer
asked for an increase, the current contractwould be terminated and a new contract would
have to be negotiated. If no changes were made and the Town did not notify the Village it
wanted to change the contract, the $2,000.00 agreement would carry over to the 2004 year.
RESOLUTION #23 AUTHORIZE SUPERVISOR TO SIGN 2003 CONTRACT
FOR THE YOUTH AND RECREATION PROGRAM
BETWEEN THE TOWN OF COR-fLANDVILLE AND THE
VILLAGE OF HOMER
Motion by Councilman O'Donnell
Seconded by Councilman Rocco
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to
sign the 2003 Youth and Recreation Contract between the Town of Cortlandville and the
Village of Homer for an annual fee of $2,000.00.
Zoning Board of Appeals - Article 78 Proceeding:
Attorney Folmer apprised the Board the Zoning Board of Appeals had an Article 78
proceeding commenced against it by Dr. J. Lee Ambrose of 1199 DaVinci Drive, Cortland,
New York, regarding the denial of a variance to allow a dwelling with a height greater than
allowed.
Attorney Folmer stated the papers have been submitted to the court and would be
heard in Supreme Court by Judge Rumsey, Friday, January 17, 2003 at 11:30 a.m.
Resignation of Planning Board Members:
Attorney Folmer stated he noticed on the agenda the Board would be accepting
resignation of two Planning Board members, but did not see a corresponding motion to
replace the members of the Board.
Town Clerk Karen Snyder apprised Attorney Folmer the Board appointed Gene
Waldbauer and Joseph L. Basile, Jr. to the Planning Board at the December 4t , 2002 Board
meeting, to be effective January 20h, 2002, subject to the receipt. of resignation letters from
Earl Randolph and Eleanor Tarbell.
Request from Cortland City:
Attorney Folmer apprised the Board he spoke with Mark Suben, Corporation
Council for the City of Cortland. At the January 2nd, 2003 meeting, the Board received
correspondence from the City Finance Officer requesting the Town reconsider its
budgetary contribution to the City's youth program by3,000.00.
The Board indicated it would not be able to increase its budget for the program due
to budgetary constraints. A letter was written to the City explaining the situation.
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JANUARY 15, 2003 TOWN BOARD MEETING .PAVL 15
Attorney Folmer informed the Board the letter was not well received by the City of
Cortland. Attorney Suben contacted Attorney Folmer and requested he mention to the
Board that the City feels very strongly about its youth program and also has budgetary
constraints.
According to a census taken by the City, a large number of people served by the
youth program are residents of the Town of Cortlandville. Attorney Suben asked the
Board to reconsider the request once again.
Attorney Folmer stated the Board did not have to take any action on the matter at
tonight's meeting, but should indicate whether or not the Board was willing to discuss the
issue again.
According to the conversation between Attorney Folmer and Attorney Suben, the
City Council discussed cutting back or restraining services due to the cost of the program.
The City believes it serves a great number of people who are non-residents of the city and
need some help funding.
Supervisor Thorpe asked members of the Board to comment on the information
Attorney Folmer provided.
Councihnan Rocco stated he appreciated the City's position, and apologized for the
Town not having the money to increase its budget. He stated the City should approach the
Town next year, although the Town may have to decrease its budget next year.
Attorney Fohner stated he explained to Attorney Suben that he was not a part of the
budgetary process. He informed Mr. Suben the Board understood why the request was
made but was not able to honor the request.
Councilman Testa stated the Town's budget is adopted in November while the
City's budget is adopted in December or January. He stated the City should have
approached the Board prior to the 2003 budget being approved.
Supervisor Thorpe stated in his last correspondence to the City he indicated the
request may have been considered if the Board received notification prior to the
completion of the 2003 budget.
Attorney Folmer stated he would speak with Attorney Suben regarding the Board's
intent.
RESOLUTION #24 ACCEPT RESIGNATION FOR RETIREMENT FROM
ELEANOR TARBELL AS TOWN PLANNING BOARD
MEMBER EFFECTIVE JANUARY 07, 2003
Motion by Councilman Rocco
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the notice of resignation for retirement from Eleanor Tarbell as Town
Planning Board Member, is hereby accepted, with deep regret, to be effective January 07,
2003, and shall be received and filed.
RESOLUTION #25 ACCEPT RESIGNATION FOR RETIREMENT FROM
EARL RANDOLPH AS TOWN PLANNING BOARD
MEMBER EFFECTIVE JANUARY 07, 2003
Motion by Councilman Rocco
Seconded by Councilman Testa
® VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the notice of resignation for retirement from Earl Randolph as Town
Planning Board Member, is hereby accepted, with deep regret, to be effective January 07,
2003, and shall be received and filed.
Councilman O'Donnell apprised the Board Eleanor Tarbell gave eleven years of
service on the Planning Board, while Earl Randolph gave twenty-five years of service.
Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive
and file correspondence from Erin Crotty, Commissioner, New York State Department of
Environmental Conservation, regarding the Empire State Award of Excellence f or the
Advancement of Stormwater Management. All voting aye, the motion was carried.
JANUARY 15, 2003 TOWN BOARD MEETING PACE b
James Trasher of Clough, Harbour & Associates questioned whether the Town
realized the New York State Department of Environmental Conservation (NYS DEC) was
beginning its Phase II Stormwater Management regulations.
Mr. Trasher apprised the Board the Town is designated as an MS4, meaning the
Town lies in an urban area. The Town of Cortlandville is the only municipality in Cortland
County that falls into the MS4 category. The Town must therefore comply with the Phase
II Stormwater Management regulations Notice of Intent by March 91h 2003.
Mr. Trasher stated most of the municipalities in Onondaga County are struggling
with the compliance at the moment, as most of them fall into the MS4 category as well.
Councilman O'Donnell questioned who was supposed to deal with the change, and
asked whether Town Engineer Hayne Smith should be involved.
Mr. Trasher stated Onondaga County has municipal engineers working to get the
municipalities in compliance. He stated if the Town Engineer was capable of getting the
Town in compliance with the regulations it would be a job for him.
Councilman Rocco questioned whether the NYS DEC Would guide the Town
through the compliance process.
Mr. Trasher replied no, due to the fact Stormwater Management regulations have
been around for about a year and a half. Municipalities should be aware of the regulations.
The NYS DEC had a deadline to meet, which it never met, but requires municipalities to
comply with the March deadline.
Attorney Folmer questioned whether the NYS DEC would communicate with the
Town regarding the regulations.
Mr. Trasher did not believe the NYS DEC would contact the Town. He stated there
is no funding from the state, which has also been a burden. Smaller municipalities who do
not have funding available to comply with the regulations would feel the burden.
Attorney Folmer questioned Mr. Trasher how the Town was supposed to know it
was required to comply with Stormwater Management regulations if it was not. notified.
Mr. Trasher stated he was aware the Town had to meet the regulations because he
looked up the information on the NYS DEC website.
Attorney Folmer asked if the Town could issue a notice stating the Town would
comply with the regulations once it was aware of what it had to comply with.
Mr. Trasher informed the Board a representative of Clough, Harbour & Associates
would be available January 23rd, 2003 to answer questions and explain the Stormwater
Management regulations to the Board.
Supervisor Thorpe asked permission to write a letter to the NYS DEC regarding the
compliance provisions for Stormwater Management.
RESOLUTION #26 AUTHORIZE SUPERVISOR TO WRITE A LETTER TO
ERIN CROTTY OF THE NEW YORK STATE
DEPARTMENT OF ENVI.RONMENTAL CONSERVATION
Motion by Councilman Testa
Seconded by Councilman Rocco
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize and direct the Supevisor to
write a letter to Erin Crotty, Commissioner, New York State Department of Environmental
Conservation, regarding the compliance provisions f or the Stormwater Management
regulations.
There was a brief discussion repi-ding the reduction of the water benefit unit charge
for property owned by Frederick P. Little.
Town Clerk Karen Snyder apprised the Board the reduction of the water benefit
unit charge was approved in 2002. She stated the reduction was keyed but f or some
reason was not reduced f or the 2003 tax season.
RESOLUTION #27 AUTHORIZE REDUCTION OF THE WATER BENEFIT
UNIT CHARGE FOR PROPERTY OWNED BY
FREDERICK P. LITTLE AND ISSUE A REFUND
Motion by Councilman Rocco
Seconded by Councilman O'Donnell
VOTES: ALL AYE ADOPTED
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JANUARY 15, 2003 TOWN BOARD MEETING PAGE 7
WHEREAS, a request was received from Frederick P. Little requesting a unit charge
reduction and refund of his water benefit tax levied on his 2003 Town & County tax bill
for property located off of Starr Road, and
WHEREAS, Town Assessor, David Briggs, has reviewed said request and recommended
a reduction and a refund of Mr. Little's unit charge from 3.8 units to 1 unit, and
WHEREAS, the Town Board authorized the reduction of the water benefittax from 3.4
units to 1 unit on Frederick P. Little's 2002 Town & County tax bill, per Resolution #44 of
2002, which reverted back to the incorrect units on the 2003 tax bill, and it is further
RESOLVED, the Town Assessor, David Briggs, is hereby authorized and directed to
reduce the water benefit tax charge to 1 unit for parcel #96.00-03-09.000, owned by
Frederick P. Little commencing with the 2004 Town & County tax bill, and it is further
RESOLVED, a refund in the amount of $318.19 shall be issued when the 2003 Town &
County tax bill is paid.
RESOLUTION #28 AUTHORIZE EXTENSION OF TIME FOR TAX
COLLECTION TO JUNE 1. 2003
Motion by Councilman Rocco
-Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Supervisor is hereby authorized and directed to sign and forward
a request for an extension of the tax collection program until June 1, 2003 to the Cortland
County Treasurer, in compliance with Section 938 of the Real Property Tax Law.
RESOLUTION #29 APPOINT COUNCILMAN THEODORE TESTA AS
CHAIRMAN ON THE FINANCIAL COMMITTEE FOR
THE INTERMUNICIPAL PARK ON STARR ROAD
Motion by Councilman O'Donnell
Seconded by Councilman Rocco
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby appoint Councilman Theodore Testa as
Chairman on the Financial Committee for the Intermunicipal Park on Starr Road to
schedule functions and collect donations for the park, as received and submit to the Town.
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 5:40 p.m.
The following information was received from the Supervisor's office.
Councilman Rocco 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.
RESOLUTION 1130 REAPPOINT DAVID B. PLEW TO THE
CORTLANDVILLE ZONING BOARD OF APPEALS
Motion by Councilman Rocco
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby reappoint David B. Plew, 27 South
Main Street, McGraw, New York to the Cortlandville Zoning Board of Appeals for a five
year term commencing January 01, 2003 and shall expire December 31, 2007, and it is
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JANUARY 15, 2003 TOWN BOARD MEETING PAGE 8
RESOLVED, the Town Board does hereby reappoint David B. Plew as Chairman of the
Cortlandville .Zoning Board of Appeals.
Councilman Pilato 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 6:45 p.m.
Resp%ctfully submitted,
Karen Q. Snyder
Town Clerk
Town of Cortlandville
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