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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. 1 E n LJ 1 107 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. 1 0 1 0 1 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. E 1 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 113 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 further 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 rA 1l