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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