HomeMy WebLinkAbout02-19-2003IZ0
IFrBBIElU a rev 19 2003
1 1.1J1t I81t 1 ,
5:00 P.I.L.
The Regular Meeting of the Town Board of the Town of Cortlandville was held at
the Town Hall, 3577 Terrace Road, Cortland, New York, withSupervisor 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; Gerald Cornell; Maere Preston; and Jill Giocondo of
the Cortland Standard.
Supervisor Thorpe called the meeting to order.
RESOLUTION #36 AUTHORIZE PAYMENT OF VOUCHERS - FEBRUARY
Motion by Councilman Testa
Seconded by Councilman Rocco
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the vouchers submitted have been audited and shall be paid as
f ollows:
General Fund A
Vouchers #72 - 92
$
9,848.42
General Fund B
B9 - B11
$
12,990.57
Highway Fund DB
D39 - D60
$
19,438.66
Water Fund
W29 - W39
$
5,805.30
Sewer Fund
S 14 - S 17
$
1,607.92
Supervisor Thorpe offered privilege of the floor to those in attendance.
Gerald Cornell, of 310 McLean Road, apprised the Board regarding the possibility
of a speed limit reduction on McLean Road. He stated the traffic study completed in 1995
for McLean Road was no longer correct as the traffic has increased tremendously.
Mr. Cornell stated he would like the speed limit reduced on McLean Road, which
has a posted speed of 45 m.p.h. In 1995 he requested a speed limit change from Cortland
County. According to Mr. Cornell, the request was declined partially due to the lack of
driveways located on McLean Road.
Mr. Cornell was not only concerned with the speed limit on McLean Road, but with
the curves of the road; the numerous accidents that occur each year; young children in the
area; school bus stops; and problems leaving his driveway due to heavy traffic.
Highway Sup't. Carl Bush informed the Board McLean Road is a county road
rather than a town road.
Councilman Rocco agreed the road was dangerous and commented on the difficulty
of reducing speed limits on county roads.
Attorney Folmer questioned Mr. Cornell whether he possessed the correspondence
from the County, which stated the reason it would not consider reducing the speed limit
was due to the lack of driveways on McLean Road.
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FEBRUARY 19,2003 TOWN BOARD MEETING PAGE 2
Mr. Cornell stated he could not remember who informed him of such reason.
Mr. Cornell presented the Board with photographs of accidents that have occurred
on McLean Road and informed the Board he had more undeveloped photos of
automobiles that had driven off the road due to the road conditions.
Attorney Folmer requested Mr. Cornell develop the film and provide the Town with
copies of the photographs. Once in receipt of the photographs, Attorney Folmer stated he
would draft a letter to the County and include the photos. He stated he could not guarantee
whether or not the County would reduce the speed limit, but would relay Mr. Cornell's
concerns.
Supervisor Thorpe thanked Mr. Cornell and assured him the Board would do
everything possible to help reduce the speed limit on McLean Road.
Monthly reports for the Justice and SPCA for the month of January 2003 are on the
table for review and filed in the Town Clerk's office.
Town Clerk, Karen Q. Snyder apprised the Board Willowbrook Golf Club, Inc.
submitted an official notification of it's intent to renew its two-year liquor license for the
period of April 1, 2003 through March 31, 2005. Town Clerk Snyder informed the Board
the notification was filed in her office.
Councilman Pilato made a motion, seconded by Councilman O'Donnell, to receive
and file correspondence from Willowbrook Golf Club, Inc. regarding the renewal of their
two-year liquor license. All voting aye, the motion was carried.
Town Clerk Snyder apprised the Board Planning Board member Nicholas Renzi
and his wife Agnes donated a defibrillator to the Town. The Cortlandville Fire District
purchased twelve defibrillators and through the contribution made by the Renzi's, the Fire
District was able to purchase thirteen.
The defibrillator was mounted on the wall in the Town Hall meeting room. In
addition, the Fire District presented the Town with a plaque to mount over the defibrillator
in recognition of the Renzi's contribution.
Town Clerk Snyder informed the Board Cortlandville Fire Chief, Kevin Whitney
would schedule a four-hour training session for anyone interested in learning how to
operate the defibrillator.
RESOLUTION #37 AUTHORIZE SUPERVISOR TO SEND LETTER TO MR.
AND MRS. NICHOLAS RENZI IN RECOGNITION OF
THE MONETARY DONATION USED TO PURCHASE AN
ADDITIONAL DEFIBRILLATOR FOR THE TOWN HALL
Motion by Councilman Testa
Seconded by Councilman O'Donnell
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to
send a letter to Mr. and Mrs. Nicholas Renzi in recognition of their monetary donation to
the Cortlandville Fire Department to purchase an additional defibrillator for the Town Hall.
® Attorney Folmer reported:
Bond Anticipation Note:
2003. Attorney Folmer apprised the Board a Bond Anticipation Note is due March 6,
Attorney Folmer asked Councilman Rocco if he thought the Town should research
possible interest rates on bonds at local banks, or whether the Town should remain with
Alliance Bank.
Councilman Rocco stated the Town should offer local banks the opportunity to bid
for the bond, especially if the Town has the opportunity to save money through lower
interest rates.
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FEBRUARY 19, 2003 TOWN BOARD MEETING PAGE 3
Councilman Rocco questioned how much money the bond was for.
Town Clerk Snyder informed the Board the Bond was for $500,000.00.
Attorney Folmer stated he would contact local banks such as Key Bank, Fleet Bank,
Alliance Bank, M&T Bank, and Tompkins County Trust regarding the bond and interest.
rates, and apprise the Board at a later date.
Wellhead Protection Plan:
Attorney Folmer apprised the Board he had the revised copy of the Wellhead
Protection Plan Ordinance. The changes made since the original draft were indicated in red
and underlined. He stated he would have copies of the revised ordinance made and
submitted to the County Planning Board for its review.
Design and Construction Standards of Proposed Local Law #1 of 2003:
Regarding the design and construction standards of Local Law #1 of 2003,
Attorney Folmer apprised the Board the County Planning Board has reviewed the
standards and have sent them back with a recommendation that they be approved with
some conditions. Rather than delay the project any longer, the Board should forward the
recommendation to the Planning Board.
Highland Road Sanitary Sewer Main Project:
Attorney Folmer apprised the Board there was a change in both the New York State
Comptroller's regulations and in the State Statutes regarding the financing process. He
informed 'Town Engineer, Hayne Smith of the changes as well.
The Town is permitted to proceed under a different section of the General
Municipal Law since it has a town -wide district. It is no longer necessary for the Town to
get the Comptroller's permission to complete the project. The Town would be expanding
existing services rather than creating or adding territory to the district.
Attorney Folmer stated he was awaiting approval of the resolution drafted for the
project. from Mr. Christopher Langhart of Hawkins, Delafield &. Wood. Once Mr.
Langhart gives his approval, Attorney Folmer stated he may request the Board hold a
special meeting to adopt the resolution regarding the Highland Road Project. Once
approved, the Town would be able to hold a public hearing and proceed with the project.
Article 78 Proceeding:
Attorney Folmer apprised the Board he was still waiting for Judge Runnsey to
render a decision on the Article 78 proceeding regarding the request made by Dr. J. Lee
Ambrose of Davinci Drive for a variance, which was denied by the Town's Zoning Board
of Appeals.
Attorney Folmer informed the Board lie would be out of torn March 201', 2003
through the March 28t", 2003.
Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive
and file correspondence from the Governor's Office for Small Cities regarding the i
proposed Country Inns & Suites, All voting aye, the motion was carried.
RESOLUTION #38 AUTHORIZE REMOVAL OF THE WATER BENEFIT
UNIT CHARGE FOR PROPERTY OWNED BY
JOE A. KUCK AND ISSUE A REFUND
Motion by Councilman Testa
Seconded by Councilman O'Donnell
VOTES: &LL AYE ADOPTED
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FEBRUARY 19, 2003 TOWN BOARD MEETING PAGE 4
WHEREAS, a request was made by Joe A. Kuck to refund the water benefit. tax levied on
his 2003 Town & County tax bill for property located at 3838 Luker Road, and
WHEREAS, water lines are not available to the parcel and a water benefit tax should not
have been levied, therefore
BE IT RESOLVED, the Town Board does hereby authorize the refund of the water benefit
charge for parcel #86.17-01-12.100, owned by Joe A. Kuck of .3838 Luker Road, and it is
further
RESOLVED, a refund in the amount of $113.64 shall be issued when the 2003 Town and
County tax bill is paid, and it is further
RESOLVED, the Town Assessor, David Briggs, is hereby authorized and directed to
remove the water benefit for parcel #86.17-01-12.100, owned by Joe Kuck commencing
with the 2004 Town and County tax bill.
Councilman O'Donnell made a motion, seconded by Councilman Pilato, to receive
and file the Cortland County Planning Board recommendations for the Aquifer Protection
Permit application of Greg Leach, Route 13, tax map #77.00-04-09.000. All voting aye, the
motion was carried.
There was a brief discussion regarding whether the Board should schedule a public
hearing regarding the Aquifer Protection Permit application.
Councilman Testa apprised the Board the Town Planning Board had not yet
approved the recommendations made by the County, nor approved the application made
for a conditional permit.
Supervisor Thorpe informed the Board the recommendations would be submitted to
the Town Planning Board. A public hearing could be held once the Planning Board
approved the recommendations and adopted a resolution stating so.
RESOLUTION #39 AUTHORIZE EXPENDITURE OF $205,000.00 FROM THE
BUILDING CAPITAL RESERVE FUND TO COVER THE
EXPENSE OF TOWN HALL PARKING LOT
IMPROVEMENTS AND INSULATION OF THE CEILING
IN THE OLD (1961) TOWN HALL BUILDING SUBJECT
TO PERMISSIVE REFERENDUM
Motion by Councilman O'Donnell
Seconded by Councilman Rocco
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize the expenditure of
$205,000.00 from the capital reserve fund to cover the expense of the Town Hall parking
lot improvements and insulation of the ceiling in the old (1961) Town Hall building subject
to permissive referendum.
Councilman Testa made a motion, seconded by Councilman O'Donnell, to receive
• and file invitation from Sheriff Lee Price to tour the 911 Center and the Cortland County
Jail. All voting aye, the motion was carried.
RESOLUTION #40 ACCEPT RESIGNATION FOR RETIREMENT FROM
MARDIS F. KELSEN AS TOWN JUSTICE
Motion by Councilman Rocco
Seconded by Councilman O'Donnell
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the notice of resignation for retirement of Mardis F. Kelsen as Town
Justice is hereby accepted, with deep regret, to be effective April 25, 2003, and shall be
received and filed.
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i E BRUARY 19, 2003 TOWN BOARD MEETING PAGE 5
There was a brief discussion regarding the retirement of Town Justice, Mardis
Nelsen.
Attorney Folmer informed the Board they must appoint someone to fill the
remainder of Judge Kelsen's tenn. The candidate is not required to be an attorney in order
to serve as a Town Justice. However, if the candidate is not an attorney he/she must
undergo training prior to assuming the position.
Attorney Folmer stated those who are interested in being appointed as Town
Justice, who either are or are not attorneys, should voice their interest to Supervisor
Thorpe and submit a resume.
RESOLUTION #4t REFER ZONE CHANGE REQUEST SUBMITTED BY
SCWP, LLC. TO THE TOWN AND COUNTY PLANNING
BOARDS FOR THEIR REVIEW AND
RECOMMENDATIONS
Motion by Councilman Rocco
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Zone Change request submitted by S.C.W.P., LLC for property
located off of Route 13, tax map #95.00-06-12.100 shall be forwarded to the Town and
County Planning Boards for their review and recommendations.
There was a brief discussion regarding the In -Lieu -of -Tax Agreements for
N.C.W.P., LLC and Cortland Associates, LLC.
Town Clerk Snyder apprised the Board they must receive and file the agreements.
The agreements have already commenced between the Cortland County Industrial
Development Agency (IDA) and the businesses located in the Town.
Town Clerk Snyder informed the Board it is her responsibility as Town Clerk and
Tax Collector to bill the companies based on the Payment In -Lieu -of -Tax (PILOT)
Program based on a certain percentage of the company's assessment during a given year.
Town Clerk Snyder offered the Board two examples of companies that participate
in the PILOT Program. The In -Lieu -of -Tax Agreement with both Cortland Line and ETL
should have ceased between 1994 and 1995. However, because both businesses have
outstanding mortgages with the IDA, they do not receive a tax bill. The businesses are
billed at 100% of their assessment times the Town's current tax rate and are sent the In -
Lieu -of -Tax -bill. The school districts, County Treasurer's Office, and Town of
Cortlandville each collect their- own portion of the In -Lieu -of -Tax Agreement.
Town Clerk Snyder stated she has not had any problems collecting the money from
businesses involved in the PILOT Program.
Town Clerk Snyder informed the Board that. although businesses such as Cortland
Line and ETL pay 10017o of their assessed value through the PILOT Program, they remain
off the tax roll. The money generated from the payment is revenue for the Town as it does
not pass through the tax collection process. The funds collected go through the Town
Clerk process, in which the funds are turned over to the Supervisor at. the end of each
month.
Town Clerk Snyder apprised the Board when the businesses are no longer in the
PILOT Program they will be added to Roll Section 1 of the tax roll and collected through
the tax collector. Until Cortland Line and ETL satisfy their loans with the IDA, the IDA
will remain the owner of record.
Attorney Folmer informed the Board the PILOT Program is a contractual obligation
between the County and the State. The Town is not a party to the agreement but rather- is a
recipient of the funds In -Lieu -of -Tax.
Councilman O'Donnell asked Town Clerk Snyder who the new In -Lieu -of -Tax
Agreements are with.
Town Clerk Snyder apprised the Board Cortland Residential Housing is the assisted
living community for the elderly (Walden Place), located on Bennie Road. N.C.W.P.,
LLC, located off of NYS Route 281 and Luker Road, is vacant land at the moment, but is
the site of the proposed Country Inns & Suites.
FEBRUARY 19, 2003 TOWN BOARD MEETING PAGE
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Town Clerk Snyder informed the Board there are three other In -Lieu -of -Tax
Agreements that have been filed, yet are not in the Town's possession. Town Assessor,
David Briggs obtained copies of the agreements from the IDA. The IDA wanted the three
properties made tax-exempt by the taxable status day. Mr. Briggs refused to do so until he
had copies of the agreements. The Town Supervisor has not yet received copies of the
agreements.
The other three properties include Seneca Door, located on Luker Road, Borg
Warner, also located on Luker Road, and Buckbee Mears Corp. (BMC), which is vacant
land behind its plant. BMC is in its first year of the PILOT Program.
RESOLUTION #42 ACKNOWLEDGE INFORMATION RECEIVED FROM
N.C.W.P., LLC LOCATED OFF OF NYS ROUTE 281 AND
LUKER ROAD, AND CORTLAND ASSOCIATES, LLC
LOCATED OFF OF BENNIE ROAD, A PAYMENT IN -
LIEU -OF -TAX AGREEMENT BETWEEN SUCH
BUSINESSES AND THE CORTLAND COUNTY
INDUSTRIAL DEVELOPMENT AGENCY
Motion by Councilman Testa
Seconded by Councilman Rocco
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby acknowledge receipt of a copy of the
Real Property Tax Exemption Form RP 412-a and a fully executed Payment In -Lieu -of -
Tax Agreement between Cortland County Industrial Development Agency and N.C.W.P,
LLC, for premises located off of NYS Route 281 and Luker Road, and Cortland
Residential Housing, for premises located at Bennie Road, and it is further
RESOLVED, the information shall be received and filed.
Councilman Pilato made a motion, seconded by Councilman Rocco, 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 O'Donnell 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 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 6:00 p.m.
Respe tfully submitted,
Karen Q. Snyder
Town Clerk
Town of Cortlandville