HomeMy WebLinkAbout03-05-2003MARCH 05, 2003
7:00 P.M.
TOWN BOARD MEETING
The Regular Meeting of the Town Board of the Town of Corllandville 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;
Planning Board Member Joseph Basile; Chuck Feiszli; Attorney Francis Casullo; Gregory
and Barbara Leach: and Jill Giocondo of the Cortland Standard.
Supervisor Thorpe called the meeting to order.
Councilman Testa made a motion, seconded by Councilman O'Donnell, to approve
the Town Board Minutes of November 20, 2002 as written. All voting aye the motion was
carried.
Councilman O'Donnell made a motion, seconded by Councilman Pilato, to approve
the Town Board Minutes of December 04, 2002 as written. All voting aye the motion was
carried.
Councilman Pilato made a motion, seconded by Councilman O'Donnell, to approve
the Town Board Minutes of December 18, 2002 as written. All voting aye the motion was
carried.
Councilman O'Donnell made a motion, seconded by Councilman Pilato, to receive
and file the Planning Board Minutes of January 28, 2003. All voting aye, the motion was
carried.
Councilman Pilato made a motion, seconded by Councilman Testa, to receive and file
the Zoning Board of Appeals Minutes of January 28, 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
Vouchers #93 -
116
$
65,394.19
General Fund B
B 12 -
B 15
$
9,339.29
Highway Fund DB
D61 -
D76
$
11,858.52
Water Fund
W40
- W43
$
2,134.90
Sewer Fund
S18 -
S21
$
91,798.34
1
is
n
L
E
1z7
MARCH 05, 2003
TOWN BOARD MEETING
Supervisor Thorpe offered privilege of the floor to those in attendance.
PAGE 2
Supervisor Thorpe reminded the Board of the Public Hearing scheduled April 2",
2003 regarding the Community Development Block Grant for the Blodgett Mills area. Ann
Hotchkin of Thoma Development will be attending the meeting.
Councilman O'Donnell informed the Board he was still receiving complaints
regarding Emory Knight's "junkyard" on Ridge Road.
Attorney Folmer informed the Board Town Justice, Mardis Kelsen adjourned the
original trial date at Attorney Ted Hoffman's request, and has not set a new date. He stated
he would remind Judge Kelsen to set a new trial date.
Joseph Basile, Town Planning Board member and Professional Environmental
• Consultant, stated he would like to offer his opinion to the Board regarding the proposed
Aquifer Protection Permit for a solid waste transfer station that was pushed through the
Planning Board by a three to two vote at the February 251', 2003 Planning Board meeting.
Attorney Folmer interjected and apprised Mr. Basile of the procedural steps that
take place before an Aquifer Protection Permit may be acted upon. The following must
occur prior to the approval of an Aquifer Protection Permit: SEQRA Review, in some
cases a Long Form Environmental Statement, notification of Lead Agency candidates; and
comments as to the appropriateness of the permit, which should be directed to the Board
during the public hearing.
Attorney Folmer did not want to discourage Mr. Basile from offering his opinion on
the matter, but informed him the record for opinions would be made at the public hearing.
Mr. Basile questioned whether the Board would vote as to whether to push the
Aquifer Protection Permit forward during this meeting.
Supervisor Thorpe stated no.
Attorney Folmer stated the Board may not even set a public hearing date for the
Aquifer Protection Permit during the meeting.
Mr. Basile stated he would hold his comments until the appropriate time.
I
RESOLUTION #44 ACCEPT ANNUAL REPORT OF LAMONT MEMORIAL
FREE LIBRARY FO-R-THE YEAR 2002
Motion by Councilman O'Donnell
Seconded by Councilman Pilato
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Annual Report of the Lamont Memorial Free Library for the year
2002 is hereby accepted and shall be received and filed.
Monthly reports for the Supervisor for the month of December 2002, and for the
Town Clerk and Tax Collector for the month of February 2003, are on the table for review
and filed in the Town Clerk's office.
Attorney Folmer reported:
Bond Anticipation Note:
Attorney Folmer reported the Town has a $500,000 Bond Anticipation Note (BAN)
renewable March 06, 2003. As the Board previously suggested, he contacted two banks
and was quoted rates of 2.25% and 1.82%. The Town would therefore be renewing the
BAN with Tompkins County Trust Company for a rate of 1.82%. The BAN would be
closed March 06, 2003.
Town Employee Traffic Ticket:
Attorney Folmer discussed the outcome of the Town of Cortlandville Highway
Department employee who was ticketed for unsafe backing while operating a snowplow.
There were several factors involved in the charge. As a result, and due to negotiations
with the District Attorneys office and with Town Justice Mardis Kelsen, the vehicle and
traffic charge was dismissed. The Town's insurance carrier took care of everything
regarding liability.
MARCH 05, 2003
TOWN BOARD MEETING
p A r_-P 2
1SVL J
Addition to the 2003 List of Depositories:
Attorney Folmer apprised the Board there was no specific fund designated to be
deposited with Tompkins County Trust Company. However, he stated it would be
appropriate to add the bank to the list of depositories since it was purchasing the Bond
Anticipation Note. The fact that the Town named the bank as a depository does not impact
whether or not the bank can purchase a note as they are two separate functions.
Attorney Folmer reminded the Board he would be out of town March 20`h, 2003
through March 31", 2003.
Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive
and file correspondence from the office of the State Comptroller regarding an extension for
filing the Supervisor's Annual Financial Report. All voting aye, the motion was carried.
Councilman Pilato made a motion, seconded by Councilman O'Donnell, to receive
and file Cortland County Planning Board Resolution #03-6 regarding the Town of
Cortlandville Zoning Texf Amendment. All voting aye, the motion was carried.
Attorney Folmer apprised the Board the Resolution had to do with the County
Planning Board's review of the guidelines for the design and development of the Town.
He believed that to some extent the County Planning Board missed the point. The
recommendations are not enacted as force of law but .only as guidelines, which will give
the Planning Board and developers an idea of the things the Town would like to see
accomplished with new construction.
Attorney Folmer stated he would like to forward the County's recommendations to
the Town Planning Board f or their comment and review.
There was a brief discussion regarding Local Law No. 1 of 2003, a Local Law
Amending the Town of Cortlandville Zoning Ordinance to Establish Design and
Development Guidelines.
Attorney Folmer apprised the Board the purpose of receiving and filing Local Law
No. 1 was so that when the Planning Board gives its final review and a public hearing is
scheduled, the Board will already have a copy of the proposed ordinance.
Councilman O'Donnell made a motion, seconded by Councilman Pilato, to receive
and file Local Law No. 1 of 2003, a Local Law Amending the Town of Cortlandville
Zoning Ordinance to Establish Design and Development Guidelines. All voting aye, the
motion was carried.
RESOLUTION #45 REFER AQUIFER PROTECTION PERMIT APPLICATION
OF FIRST NATIONAL BANK OF DRYDEN (S.C.W.P.,
LLC.) TO THE TOWN AND COUNTY PLANNING
BOARDS FOR THEIR REVIEW AND
RECOMMENDATIONS
Motion by Councilman O'Donnell
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Aquifer Protection Permit application submitted by First National
Bank of Dryden, owner of record S.C.W.P., LLC., for the proposed construction a bank
branch, tax map #95.00-06-12.111, shall be referred to the Town and County Planning
Boards for their review and recommendations.
There was a brief discussion regarding setting a public hearing for the Aquifer
Protection Permit application of Mr. Gregory Leach.
Attorney Folmer staled the Town must receive a Long Form Environmental
Assessment Form. The Town must also designate itself as Lead Agency, which requires
the Town to notify the involved agencies of its intent to act as Lead Agency. The involved
agencies have thirty days to object to the Town acting as Lead Agency.
1
•
129
MARCH 05, 2003 TOWN BOARD MEETING PAGE 4
Attorney Folmer stated he would speak with Attorney Francis Casullo regarding the
matter, notify the involved agencies, and get the notice out. He informed the Board a
public hearing date could not be set at this time.
RESOLUTION #46 SCHEDULE PUBLIC HEARING FOR THE COMMUNITY
DEVELOPMENT BLOCK. GRANT REGARDING
COUNTRY INNS & SUITES FOR PROPERTY LOCATED
ON NYS ROUTE 281
Motion by Councilman O'Donnell
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, a Public Hearing shall be scheduled for Appri12'd 2003 at 7:00 p.m. for
the Community Development Block Grant application regarding Country Inns & Suites,
located on NYS Route 281, tax map #95.00-05-14.000.
Councilman Testa made a motion, seconded by Councilman Pilato, to receive and
file the correspondence from Empire State Development regarding Bestway Enterprises,
Inc. All voting aye, the motion was carried.
RESOLUTION #47 DESIGNATION OF AN ADDITIONAL DEPOSITORY FOR
TOWN ACCOUNTS FOR THE YEAR 2003
Motion by Councilman O'Donnell
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, per Resolution #11 of 2003, Tompkins County Trust Company of
Ithaca is hereby designated and added as a depository, if necessary, for various accounts
of the Town as follows:
General Fund A (Inside Town) Trust & Agency Account
General Fund B (Outside Town) Justice Account.
Town Clerk Account Water Fund Account
Tax Collector Account Sewer Fund Account
Highway Account
There was a brief discussion regarding the donation of the old Water & Sewer
garage to the Cincinnatus Fire Department.
Attorney Folmer apprised the Board the Cincinnatus Fire Department would
dismantle the building, transport it to Cincinnatus, and reassemble the building. The
Cincinnatus Fire Department provided the Town with a certificate of insurance, but the
additional insured was the Cortlandville Fire Department rather than the Town of
Cortlandville, which should be named.
SAttorney Folmer stated an adjustment was being made in the Cincinnatus Fire
Department's insurance, which would soon be resolved.
After speaking with Water & Sewer Sup't. Peter Alteri, Attorney Folmer
recommended the Town declare the old water and sewer building as surplus property. He
recommended the Board authorize the building be donated to the Cincinnatus Fire District
upon receipt of a certificate of insurance, which must be approved by both Water & Sewer
Sup't. Alteri and Attorney Folmer.
130
MARCH 05, 2003 TOWN BOARD MEETING PALL 5
RESOLUTION #48 DECLARE OLD WATER AND SEWER BUILDING AS
SURPLUS PROPERTY AND AUTHORIZE THE
SUPERVISOR TO DONATE BUILDING TO
CINCINNATUS FIRE DISTRICT UPON RECEIPT OF A
CERTIFICATE OF INSURANCE AND APPROVAL BY
THE WATER & SEWER SUPT AND TOWN ATTORNEY
Motion by Councilman O'Donnell
Seconded by Councilman Rocco
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby declare the old water and sewer
building located at Terrace Road as surplus property, and it is further
RESOLVED, the Supervisor is hereby authorized and directed to donate the building to
the Cincinnatus Fire District upon receipt of a certificate of insurance and the approval by
the Water & Sewer Sup't. and Town Attorney.
RESOLUTION #49 AMEND 2003 BUDGET AND AUTHORIZE SUPERVISOR
TO TRANSFER $35,693.00 FROM SURPLUS FUNDS TO
INCREASE ACCOUNTS A9730 6 A 111041 AND A1670 2
Motion by Councilman Rocco
Seconded by Councilman O'Donnell
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Supervisor is hereby authorized and directed to amend the 2003
Budget by transferring $35,693.00 of surplus funds increasing the following accounts:
A9730.6 $25,000.00 (BAN Principal)
Al 110.41 $ 5,000.00 (Jury Trials)
A1670.2 $ 5,693.00 (copier)
Total: $35,693.00
RESOLVED, the 2003 Budget is hereby amended.
Councilman Rocco made a motion, seconded by Councilman O'Donnell, to recess
the Regular Meeting to an Executive Session. All voting aye, the motion was carried.
The meeting was recessed at 7:30 p.m.
The following information was received from the Supervisor's office.
Councilman Testa made a motion, seconded by Councilman Pilato, to adjourn the
Executive Session and reconvene to the Regular Meeting. All voting aye, the motion was
carried.
No action was taken.
Councilman Pilato made a motion, seconded by Councilman Testa, to adjourn the
Regular Meeting. All voting aye, the motion was carried.
The meeting was adjourned at 8:50 p.m.
Res ectfully submitted,
Off'
aren Q. Snyder
Town Clerk
Town of Cortlandville
1
•
�J
0
1�1