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HomeMy WebLinkAbout09-03-2003SEPTEMBER 03, 2003 7:00 P.M. z L41 1 1 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; Planning Board Member, Nick Renzi; Deputy Town Clerk, Kristin Rocco; Elizabeth Larkin, Town Clerk of Harford; Cortlandville Fire Chief, Kevin Whitney; Brian Pendell, former Town Supervisor of Harford and member of the Cortlandville Fire Department; Larry Hirschfield of Cortland Sports Complex; Dick Schutz of Suit-Kote Corp.; and Reporter, Renee Lucas of the Cortland Standard. Supervisor Thorpe called the meeting to order. Councilman O'Donnell made a motion, seconded by Councilman Rocco, to approve the Town Board Minutes of July 02, 2003 as written. All voting aye, the motion was carried. Councilman Testa made a motion, seconded by Councilman O'Donnell, to approve the Town Board Minutes of July 16, 2003 as written. All voting aye, the motion was carried. Councilman Testa made a motion, seconded by Councilman Rocco, to approve the Town Board Minutes of July 31, 2003 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 July 29, 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 Minutes of July 29, 2003. All voting aye, the motion was carried. Supervisor Thorpe commented on the timeliness of the Town Board Minutes, and thanked Town Clerk Snyder and her staff. RESOLUTION #164 AUTHORIZE PAYMENT OF VOUCHERS - SEPTEMBER Motion by Councilman O'Donnell Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED BE IT RESOLVED, the vouchers submitted have been audited and shall be paid as follows: General Fund A Vouchers #379 - 393 $ 12,727.07 General Fund B B70 - B73 $ 17,305.67 Highway Fund DB D301 - D316 $ 46,037.61 Water Fund W 168 - W 175 $ 1,146.04 Sewer Fund S77 - S77 $ 3,779.10 Capital Projects H71 - H73 $ 9,173.10 298 SEPTEMBER 03, 2003 TOWN BOARD MEETING PAGE 2 Supervisor Thorpe offered privilege of the floor to Elizabeth Larkin. Elizabeth Larkin, Town Clerk of Harford, introduced herself to the Board as she disbursed a campaign circular. Mrs. Larkin, who is running for Cortland County Clerk, is faced with a republican primary. Mrs. Larkin has been the Town Clerk of Harford for 12 years, has worked with County Clerk Judy Riehlman on several County projects/grants, and wrote Harford's grant for a record's management room. Councilman O'Donnell stated he was aware Mrs. Larkin impressed Town Clerk Snyder and retired Town Clerk Pauline Parker with her help and cooperation over the years. Brian Pendell, previous Town Supervisor of the Town of Harford, applauded Mrs. Larkin's work as Town Clerk and thanked her for all her help when he was supervisor. Councilman Rocco questioned whether Mrs. Larkin was given privilege of the floor at the August 20, 2003 Town Board Meeting, as he was not in attendance. Mrs. Larkin explained she was not given proper notice that she had been added to the agenda, and therefore could not attend the meeting. She stated many Town Boards in the County are not keen on having politicians speak at an open meeting. She assumed the Cortlandville Town Board felt the same, until Town Clerk Snyder called her the afternoon of the meeting once she was in receipt of the agenda from the Supervisor's office. At that point, Mrs. Larkin had made other plans. Councilman Rocco stated the Town of Cortlandville prides itself on holding an open forum and invites anyone to attend and speak. He welcomed Mrs. Larkin and wished her well. Supervisor Thorpe offered privilege of the floor to Kevin Whitney. After introducing Cortlandville Fire Department member, Brian Pendell, Cortlandville Fire Chief, Kevin Whitney apprised the Board they were in receipt of correspondence regarding a proposed radio antenna project. Members of the Board had not yet reviewed the letter, so he explained its purpose. The Cortlandville Fire District (CVFD) has had a high band radio system in place for ten years, as a result of the County's Emergency Communication System is not being able to handle all the fire departments, ambulance services and police that use the system. Also, the low band system that the County is on does not work with the CVFD's radios when transmitting from inside a building with a steel frame, such as Wal-Mart. If firemen were in trouble inside a building, they would not be able to call for help. Therefore, the CVFD upgraded to the high band radio system ten years ago. Chief Whitney apprised the Board the CVFD's call volume has increased from 250 alarms in 1992 to 850 alarms in 2002, which is over taxing of the county's one channel system. Another problem is that he cannot communicate from his CVFD truck to Station 2 in Polkville without changing frequencies. One solution for the CVFD would be to install an antenna at the County's site, which would cost between $8,000 and $10,000 in addition to costs due to interference. Another solution would be to purchase land, construct a building, a tower, and purchase a generator and back-up generator, which would cost a minimum of $25,000. Neither solutions would be ideal. According to Chief Whitney, a possible and best solution would be to install the fire district's antenna platform at the Town of Cortlandville water tank site located on Blue Creek Road. He questioned whether the Town and the fire district could enter into a partnership. The Blue Creek Road site would be a possible solution since the Town owns the land; a building and generator is on -site; and a successful test was completed at the site. Although he was aware of the requirements for a tower and knew the community may not welcome the idea of a radio tower, he felt the first step was to talk with the Board. Supervisor Thorpe questioned whether he spoke with CEO Bruce Weber regarding the height restrictions of a possible tower. Chief Whitney did speak with CEO Weber, who recommended he talk with the Planning Board. Planning Board Member, Nick Renzi reminded the Board of a prior application for a 75- foot radio tower in the vicinity of Blue Creek Road, which was denied. Brian Pendell apprised the Board a 70-foot ladder truck was used in the test that was completed at the Blue Creek site, in which they received adequate coverage. He spoke with two tower manufacturers who advised him that aesthetically pleasing towers could be built to resemble things such as a windmill or a flagpole. Supervisor Thorpe felt if a radio tower would improve fire protection and increase the safety of the Town, there should be no objection. 1 1 z qq SEPTEMBER 03, 2003 TOWN BOARD MEETING PAGE 3 Mr. Pendell informed the Board during the August 14, 2003 blackout, the County's radio system did not work for a considerable amount of time, while the CVFD was still able to operate. During the blackout the CVFD was able to respond to a reported structure fire at Ponderosa located on NYS Route 13. Councilman O'Donnell stated he would support the project. Attorney Folmer asked Mr. Renzi whether the FAA would be involved. Mr. Renzi stated the FAA would be involved regarding the height of the tower. Because the site is within 7 km of the airport, Mr. Pendell stated the FAA would determine maximum heights and lighting. Attorney Folmer informed Mr. Pendell the zoning of the area is residential. The limit for towers in residential areas is 30 feet, which results in the necessity for the CVFD to approach both the Planning Board and Zoning Board. If the Board was prepared to allow the CVFD to investigate the issue, he suggested the CVFD talk to CEO Weber. Supervisor Thorpe stated the Board would support the CVFD investigating the issue further. Mr. Pendell thanked Supervisor Thorpe and the Board. Councilman Rocco apprised Mr. Pendell if the Planning Board and Zoning Board of Appeals did not approve the radio tower, the Board would not support it either. Mr. Pendell agreed, and stated the CVFD wanted approval to pursue the project from the Town Board before making application to the Planning Board. The monthly report for the Supervisor for the month of August 2003 is on the table for review and filed in the Town Clerk's office. Councilman Rocco made a motion, seconded by Councilman O'Donnell, to receive and file the Cortlandville Fire District Operating Budget for 2004. All voting aye, the motion was carried. Supervisor Thorpe informed the Board the tax rate remained at 1.60% for the fire district. Councilman Rocco voiced his concern regarding the Town's Grass Ordinance. He questioned whether the ordinance was as effective as the Board anticipated it would be. He informed the Board that residents of Sleepy Hollow Road have made grass complaints regarding property owned by John Murdock every year. Once Mr. Murdock is notified by Highway Sup't. Carl Bush that complaints have been made, he complies and mows the vacant lots. However, the lots remain unattended until another complaint is made. According to Attorney Folmer, in order to commence an enforcement proceeding a complaint must first be made. Although it may be an inconvenience and a nuisance to repeatedly make the complaint, it is necessary. Councilman Rocco questioned whether the Town could make it necessary for grass to be mowed from April to October. Regardless of whether the ordinance was amended to include a specific time frame, Attorney Folmer stated it would still be necessary for a complaint to be made. Otherwise, there would be no indication that the lawn was not mowed. He felt that CEO Weber had enough work to do without patrolling the Town to check the height of lawns. Town Clerk Karen Q. Snyder apprised the Board she received correspondence from William L. Baker, d.b.a. Night Owls, regarding his intent to renew the liquor license for Night Owls. Councilman Testa made a motion, seconded by Councilman Pilato, to receive and file correspondence from William L. Baker regarding his intent to renew the liquor license for Night Owls, located at 3840 NYS Route 11. All voting aye, the motion was carried. Town Clerk Snyder commented on Supervisor Thorpe's statement regarding the timeliness of the Town Board Minutes, and stated the minutes are accomplished largely due to the work of her Deputy, Kristin Rocco. SEPTEMBER 03, 2003 TOWN BOARD MEETING PAGE 4 Attorney Folmer reported: Rerob, LLC: Attorney Folmer apprised the Board he would be arguing the Rerob, LLC. Article 78 proceeding on Friday, September 5, 2003 at 9:30 a.m. before Judge O'Brien in Wampsville, NY. He thanked Town Clerk Snyder and her Deputy, Miss Rocco, for their help in preparing the necessary documents for the case. Councilman Rocco asked when the judge would render a decision. Attorney Folmer informed the Board the judge had several options once the argument was heard. The judge could, (1) rule directly from the bench, which was not likely; (2) decide to hold a hearing and take testimony; or (3) reserve decision. Attorney Folmer believed the judge would reserve decision, and after a period of time, provide a written decision to the parties by mail. Most courts, out of deference to a municipality, feel obligated to provide a written opinion. Councilman Testa made a motion, seconded by Councilman Pilato, to receive and file correspondence from CEO Bruce Weber to Thomas and Donna Keane, regarding the reoccurring violation of Chapter 178-122B of the Code of the Town of Cortlandville. All voting aye, the motion was carried. Attorney Folmer apprised the Board the Town initiated a violation proceeding against the Keane's in the past. A conditional discharge was issued for a period of one year, which expired. The Town would try the violation if necessary. Attorney Folmer stated he would attempt to have the penalty elevated if the Keane's plea to the violation. Councilman Rocco made a motion, seconded by Councilman Testa, to receive and file correspondence from Cortland County Administrator, Scott Schrader regarding Workers' Compensation Participation. All voting aye, the motion was carried. Supervisor Thorpe informed the Board three contract proposals were received for cleaning the Town Hall. The current contract holder, Joan Sherman, submitted a proposal for $16,800.00 per year. T.C. Cleaning Services submitted a proposal for $14,040.00 per year, while Complete Cleaning Corp.'s offer was $14,560.00 per year. According to Supervisor Thorpe, Lonna Maxson, Town Custodian, recommended the Board accept the proposal from the low bidder, T.C. Cleaning Service, Inc. RESOLUTION #165 ACCEPT CONTRACT PROPOSAL FROM T.C. CLEANING SERVICE, INC. IN THE AMOUNT OF $14,040.00 PER YEAR FOR CLEANING THE TOWN HALL Motion by Councilman Rocco Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby accept the contract proposal from T.C. Cleaning Service, Inc. in the amount of $14,040.00 per year based on the recommendation of Town Custodian, Lonna Maxson for cleaning the Town Hall, and it is further RESOLVED, the contract proposals from Joan Sherman, T.C. Cleaning Services, Inc., and Complete Cleaning Corp. shall be received and filed. Councilman O'Donnell made a motion, seconded by Councilman Pilato, to receive and file Cortland County Planning Board Resolution #03-31 regarding the Aquifer Protection Permit application submitted by Suit-Kote Corp. for Cortland Asphalt Products. All voting aye, the motion was carried. zs1 SEPTEMBER 03, 2003 TOWN BOARD MEETING PAGE 5 RESOLUTION #166 SCHEDULE PUBLIC HEARING FOR AQUIFER PROTECTION PERMIT APPLICATION SUBMITTED BY SUIT-KOTE CORP. Motion by Councilman Testa Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED BE IT RESOLVED, a Public Hearing shall be scheduled for September 17, 2003 at 5:00 p.m. for an Aquifer Protection Permit application submitted by Suit-Kote Corp. for Cortland Asphalt Products, for property located off of Route 11, tax map 987.00-03-16.121. Councilman O'Donnell made a motion, seconded by Councilman Rocco, to receive and file Cortland County Planning Board Resolution #03-32 regarding the Aquifer Protection Permit application submitted by Suit-Kote Corp. for Polkville Crushed Stone. All voting aye, the motion was carried. RESOLUTION #167 SCHEDULE PUBLIC HEARING FOR AQUIFER PROTECTION PERMIT APPLICATION SUBMITTED BY SUIT-KOTE CORP. Motion by Councilman Rocco Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED, a Public Hearing shall be scheduled for September 17, 2003 at 5:00 p.m. for an Aquifer Protection Permit application submitted by Suit-Kote Corp. for Polkville Crushed Stone, for property located at the southwest intersection of Route 11 and NYS Route 41, tax map #97.00-01-31.000. Councilman Pilato made a motion, seconded by Councilman O'Donnell, to receive and file Cortland County Planning Board Resolution #03-33 regarding the Aquifer Protection Permit application submitted by Squeaky Clean Car Wash, Inc. All voting aye, the motion was carried. Attorney Folmer stated the Planning Board was not yet finished with its deliberation with regard to the application submitted by Squeaky Clean Car Wash, Inc. Mr.Renzi informed the Board that the Planning Board requested the applicant submit a traffic engineer report, which had not been completed. Councilman Rocco made a motion, seconded by Councilman Testa, to receive and file correspondence from Robert D. Bulman, Director, Governor's Office for Small Cities regarding the Blodgett Mills Community Development Block Grant. All voting aye, the motion was carried. Supervisor Thorpe apprised the Board that although the Town was not offered a Community Development Block Grant for the Blodgett Mills area, Thoma Development Consultants would reapply in 2004. RESOLUTION 4168 ACCEPT RESIGNATION FROM JOSEPH L. BASILE, JR. AS TOWN PLANNING BOARD MEMBER EFFECTIVE AUGUST 27. 2003 Motion by Councilman Rocco Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, the notice of resignation from Joseph L. Basile, Jr. as Town Planning Board Member, is hereby accepted, with regret, to be effective August 27, 2003, and shall be received and filed. � sz SEPTEMBER 03, 2003 TOWN BOARD MEETING PAGE 6 Councilman O'Donnell made a motion, seconded by Councilman Rocco, to receive and file correspondence from James Trasher of Clough, Harbour & Associates, regarding the Renaissance Development Drainage Improvement Project. All voting aye, the motion was carried. No further comments or discussion were heard. Councilman Pilato 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 7:40 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 O'Donnell made a motion, seconded by Councilman Pilato, to adjourn the Regular Meeting. All voting aye, the motion was carried. The meeting was adjourned at 8:09 p.m. Respectfully submitted, Karen Q. Snyder Town Clerk Town of Cortlandville r_� 1 'I