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HomeMy WebLinkAbout02-05-2003FEBRUTARY 05, 2003 5:00 P.T a. 115- 1 n U 1 U 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 Fork, 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; Don Knight; and Jill Giocondo of the Cortland Standard. Supervisor Thorpe called the meeting to order. Councilman Testa made a motion, seconded by Councilman Pilato, to receive and file the Planning Board Minutes of January 07, 2003. All voting aye, the motion was carried. Councilman Pilato made a motion, seconded by Councilman O'Donnell, to receive and file the Zoning Board of Appeals Minutes of January 07, 2003. 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 #42 - 71 B4 - B8 D17-D38 W14-W28 S6-S13 H2-H3 $ 30,363.74 $ 9,099.94 $ 54,726.06 $217,533.58 $123,252.91 $ 888.90 Supervisor Thorpe offered privilege of the floor to those in attendance. Councilman Testa apprised the Board he audited the books for the Town Justice and found the records in order. Councilman Pilato apprised the Board he audited the books for the Water and Sewer Department and also found everything to be in order. FEBRUARY 05, 2003 TOWN BOARD MEETING PAGE 2 Monthly reports for the Supervisor and SPCA for the month of December 2002, and the Tax Collector and Town Clerk for the month of January 2003, and the are on the table for review and filed in the Town Clerk's office. Town Clerk Snyder apprised the Board the she collected almost $5.1 million in Town and County taxes for the month of January 2003. Town Clerk Snyder apprised the Board the New York State Town Clerks Association Executive Committee adopted a resolution regarding conservation season. The Town Clerks Association would like to present the resolution to the Legislature of the State of New York to increase the fee retained by municipalities for issuing hunting and fishing licenses under the DECALS program. The Association has also requested all Town Boards review the DECALS resolution and possibly adopt it. Town Clerk Snyder asked the Board to review the information provided. Supervisor Thorpe questioned whether the Town Clerks Association gave the Town a deadline to take action on the DECALS resolution. Town Clerk Snyder was not aware of a deadline, but informed the Board the proposition was asked of every Town in the State of New York. Town Clerk Snyder apprised the Board she received notice that Bear's Place, a bar/restaurant located near Blodgett Mills at 3303 Route 11, and Garcia's Mexican Restaurant, located at 879 NYS Route 13, were both applying for an Alcoholic Beverage Control Retail License to sell liquor for consumption. Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and file correspondence from Joyce M. Buck of Bear's Place, as well as Ramon Garcia, Jose de Jesus Garcia, and Teodoro Lozano of Garcia's Mexican Restaurant, regarding the application f or an Alcoholic Beverage Control Retail License to sell liquor f or consumption. All voting aye, the motion was carried. Attorney Folmer reported: Local Law #1 of 2003: Attorney Folmer apprised the Board Local Law #1 of 2003 regarding design standards was submitted to the County Plaruung Board. Once the Board receives the comments back from the County, the Board may then proceed to take the steps necessary to adopt Local Lava #1. Wellhead Protection Plan: Attorney Folmer stated James Trasher of Clough, Harbour & Associates presented him with the most recent version of the Wellhead Protection Ordinance. He stated he would circulate the draft to the appropriate people, such as the Planning Board, Zoning Board, and corporations such as Borg Warner and Pall Trinity Micro Corporation. Attorney Folmer stated not every person would be happy with the final Wellhead Protection Ordinance. However, it would not be productive to continue to change the wording of the ordinance. He stated it was time to hold a public hearing, adopt. the ordinance, and perhaps amend it in the future. Highland Road Sanitary Sewer Main Project: Attorney Folmer apprised the Board he spoke with the New York State Comptroller's office regarding the Highland Road Sanitary Sewer Project, as there is a new set of standards requiring the Comptroller's approval for such projects. Attorney Folmer stated the standards are so high that the Town's plans for Highland Road may not be approved. The standards are much higher than when the Town first started planning the project. He stated the Town might have to adopt a resolution during 2003 amending its plans for the project.. Attorney Folmer stated he would review relevant sections of Town Law and report back to the Board at the February 19', 2003 meeting regarding the issue. 1 L� 11 LJ FEBRUARY 05, 2003 TOWN BOARD MEETING PAGE 3 Phase II Stormwater Management Regulations: Attorney Folmer apprised the Board the Town is no longer required to comply with Phase II Stormwater Management regulations originally required by the New York State Department of Environmental Conservation (NYS DEC). James Trasher of Clough, Harbour & Associates informed Attorney Folmer the NYS DEC amended its list, which removed the Town of Cortlandville from the list of towns required to comply with the Stormwater Management regulations. Article 78 Proceeding: Attorney Folmer apprised the Board the Article 78 proceeding commenced regarding the request made by Dr. J. Lee Ambrose of Davinci Drive for a variance which was denied by the Zoning Board of Appeals. Attorney Folmer stated they are awaiting a decision by Judge Rumsey. As soon as a decision is made, Attorney Folmer stated he would notify the Town Board as well as the Zoning Board of Appeals. There was a brief discussion regarding the Wellhead Protection ordinance. Councilman O'Donnell apprised the Board he spoke with Jennifer Speiss, President of the Cortland County Farms, who was concerned about the Wellhead Protection Plan in respect to agricultural land. Attorney Folmer apprised the Board he received a letter from Kim T. Blot, Director of the Department of Agriculture & Markets regarding the Wellhead Protection Ordinance in respect to agricultural land. He stated the comments made in the letter had no basis in fact and no reasonable approach to what was going on. He stated there was no recognition to the fact the ordinance is designed to protect an aquifer that affects fifty percent of the population of Cortland County. Councilman O'Donnell commented that the language in the ordinance was changed regarding agricultural land to free up agricultural purposes. Supervisor Thorpe stated the amount of agricultural land is minimal. Councilman O'Donnell did not agree. Attorney Folmer stated the amount of agricultural land is miniscule in comparison to the rest of the area. Councilman O'Donnell made a motion, seconded by Councilman Rocco, to receive and file correspondence from Attorney John Folmer to Kim T. Blot, Director of the Department of Agriculture & Markets, regarding the Wellhead Protection Ordinance. All voting aye, the motion was carried. There was a brief discussion regarding a request made by Dr. J. Lee Ambrose to remove the water and sewer benefit tax on four parcels of land located on Commons Avenue. Supervisor Thorpe apprised the Board Town Assessor, David Briggs, recommended the water and sewer benefit tax remain unchanged for the four parcels. In the event the Board wished to grant relief, Assessor Briggs recommended the Board reduce the water and sewer benefit tax to one half unit per parcel. In his memo to Supervisor Thorpe, Assessor Briggs stated the Town installed water lines that service all the lots on Common Avenue. Although the four lots are too small for development, there are other- parcels in the Town that are charged the water and sewer • benefit tax that are also too small for development. Councilman Testa stated he did not understand what purpose the lots would serve Dr. Ambrose if they were too small to be developed. Supervisor Thorpe stated it was Dr. Ambrose's problem rather than the Town's. It was the responsibility of the developer to create lots big enough for development rather than useless. Councilman Testa stated he did not believe it was fair to tax parcels that were useless. The issue did not have anything to do with the ability to pay the taxes. Supervisor Thorpe stated it was a matter- of the way in which the properly was developed. The parcels should not have been created so that they could not be developed. Attorney Folmer informed the Board Assessor Briggs' memo indicated there are other small parcels within the Town that cannot be developed, yet are subject to the water and sewer benefit tax. He suggested that if the Board consider relief for Dr. Ambrose, they would be "opening the door" to others who pay the benefit tax on so-called useless parcels. FEBRUARY 05, 2003 TOWN BOARD MEETING PAGE 4 Attorney Folmer stated the request made by Dr. Ambrose calls for a policy determination. The Board should revise the policy with regard to small lots rather than grant relief on an individual basis for those who have small parcels unable to be developed. Supervisor- Thorpe stated he did not believe it was the Board's responsibility to correct the mistake of the developer. Supervisor Thorpe requested the Board make a motion to deny the request. RESOLUTION #32 DENY REQUEST OF DR. J. LEE AMBROSE TO REMOVE WATER AND SEWER BENEFIT UNIT CHARGE FOR HIS PROPERTY ON COMMONS AVENUE Motion by Councilman Rocco Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED WHEREAS, a request was received from Dr. J. Lee Ambrose requesting the water and sewer benefit unit charge be removed, and WHEREAS, such request was reviewed by Town Assessor, David Briggs, and reported there are other parcels in the Town that are charged for water or sewer benefit tax that are also too small for development, therefore BE IT RESOLVED, the Town Board does hereby deny the request for the removal of the water and sewer benefit unit charge, for parcels #86.09-04-01.200, #86.09-04-05.000, #86.09-04-06.000, #86.09-04-10.000, owned by Dr. J. Lee Ambrose. There was a brief discussion regarding Penny's Law. Supervisor Thorpe apprised the Board support was requested by Ms. Candy Brown of Kill Buck, New York to pass Penny's Law, a Bill that has been reintroduced to the Assembly. Penny's Law would allow a juvenile who commits second degree murder to be tried and sentenced as an adult. Depending on the seriousness of the crime, a wider sentencing range would result. Supervisor Thorpe apprised the Board the County Legislature supported the proposed law. Attorney Folmer stated there is a statute in the law, which states a minor, under certain circumstances, may be tried as an adult. However, a minor cannot be sentenced as an adult. Attorney Folmer explained Penny's Law, if passed, would permit a minor to be sentenced as an adult. He stated there are opinions both for and against the Bill. Attorney Folmer stated the Bill passes through the Senate each year but does not make it through the Assembly Codes Committee. Supervisor- Thorpe stated he was amazed with the list of municipalities who have supported the Bill. Councilman Rocco asked Attorney Folmer for some clarification regarding the statute and the limitations a judge has when trying a minor. Attorney Folmer apprised the Board of some differences between a minor and an adult when being tried and sentenced. Councilman Testa questioned what Attorney Folmer thought of the matter. Attorney Folmer stated it was his opinion the Bill should make it through the Assembly Codes Committee so that it could be voted on. He did not foresee a problem with the Town supporting Penny's Law in New York State along with other municipalities. RESOLUTION #33 AUTHORIZE SUPERVISOR TO SIGN STATEMENT OF SUPPORT ADDING THE TOWN OF CORTLANDVILLE TO THE LIST OF AGENCIES, OFFICIALS, AND LEGISLATIVE BODIES WHO SUPPORT PENNY'S LAW Motion by Councilman Pilato Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED Ilg FEBR�TARY O5, 2003 TOWN BOARD MEETING PACE 5 WHEREAS, a request was made by Candy Brown of Kill Buck, New York, for the Town to sign the statement of support adding the Town of Cortlandville to the list of agencies, officials, and legislative bodies who support Penny's Law; Assembly Bill #A2580, a proposed Bill to allow a juvenile who commits second degree murder to be tried and sentenced as an adult, therefore BE IT RESOLVED, the Town Board hereby authorizes and directs the Supervisor to sign and return the statement of support. for Penny's Law to Ms. Candy Brown of Kill Buck, New York. RESOLUTION #34 AUTHORIZE SUPERVISOR TO SIGN THE AGREEMENT FOR A FEASIBILITY STUDY FOR STARR ROAD PROJECT IN THE AMOUNT OF $6,000.00 Motion by Councilman Rocco Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Supervisor is hereby authorized and directed to sign the Agreement for a Feasibility Study for the Starr Road Community Sports Facility to be conducted by the Barrows Group, not to exceed the amount of $6,000.00. RESOLUTION #35 AUTHORIZE 60-DAY EXTENSION OF THE SUPERVISOR'S ANNUAL REPORT OF 2002 Motion by Councilman Rocco Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Budget Officer is hereby authorized to request an additional 60- day extension from Audit and Control for filing of the 2002 Annual Financial Report. Councilman O'Donnell 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 5:21 p.m. The following information was received from the Supervisor's office. Councilman Testa made a motion, seconded by Councilman O'Donnell, to adjourn the Executive Session and reconvene to the Regular Meeting. All voting aye, the motion was carried. No action was taken. Councilman Testa 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 6:04 p.m. • Res p ctfully submitted, Karen Q. Snyder Town Clerk Town of Cortlandville