HomeMy WebLinkAbout03-21-2001MARCH 21, 2001
5:00 P.M.
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I
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, Ronal Rocco
Councilman, Edwin O'Donnell
Councilman, John Pilato
Town Clerk, Karen Q. Snyder
Others present: Town Attorney, John Folmer; Highway Sup't., Carl Bush;
Water & Sewer Sup't., Peter Alteri; Code Enforcement Officer, Bruce Weber;
Town Engineer, Hayne Smith; Cortland County Legislator, Marian Meiczinger;
Resource Associates representative, Charles Feiszli; Attorney for Newman
Development Group, Ken Kamlet; David Yaman of Yaman Realty; SPCA Board of
Directors member, Ray Dunningan; SPCA's ABC Committee members, David &
Kathy Beale, Betsy Brewer, and Liz Imbasciati.
Supervisor Thorpe called the meeting to order.
Supervisor Thorpe opened the meeting by discussing an approval to
proceed with the Town Hall additions. Town Engineer, Hayne Smith has prepared
preliminary drawings with the estimated general contract cost of $350,000. If in-
house services are used the cost could be approximately $240,000.
Town Engineer Smith stated the cost includes both phases I and II.
Supervisor Thorpe explained the first phase is 2300-sq. ft. additional space
and the second phase is 1,000 sq. ft.
Code Enforcement Officer, Bruce Weber, explained Town Engineer Smith
discussed the proposed additions with all department heads of Town Hall.
Engineer Smith then prepared this plan using those recommendations to best satisfy
the needs expressed. CEO Weber stated the outside area was also redesigned to
allow parking to be more accessible.
Supervisor Thorpe stated our Engineer has done a lot of work on this
project. He has spoken to everyone in Town Hall and its agreed that the extra space
is necessary. Supervisor Thorpe also stated that our Engineer has come up with an
excellent design.
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Motion by Councilman Pilato
Seconded by Councilman Testa
VOTES: ALL AYE APPROVED
WHEREAS, the Town Board approached the Town Engineer to design plans for
additions to Town Hall, and
WHEREAS, the Town Engineer has completed such plans and the estimated cost of
general construction is approximately $350,000 with the cost using possible in-
house services at $240,000, and
WHEREAS, the Board did duly discuss said project, therefore
BE IT RESOLVED, the Board does hereby authorize the Town Engineer to
proceed with the proposed additions to Town Hall.
MARCH 21, 2001 TOWN BOARD MEETING PAGE 2
4.... 9 11. / i *t n ■ 1 \41% MUMMIST IST \ ��s.��� '* � its\'L7sS 9,W
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
General Fund B
Highway Fund DB
Water Fund
Sewer Fund
Capital Projects
#137 -161
$106,030.66
21 - 24
$ 745.60
93 -110
$ 21,668.50
64 - 79
$ 41,427.24
40 - 50
$ 4,127.44
11 - 14
$206,949.30
Supervisor Thorpe offered privilege of the floor to Ray Dunnigan.
Mr. Dunnigan introduced himself as being on the Board of Directors of the
Cortland County SPCA and thanked the Board for their time. Mr. Dunnigan
distributed a flyer explaining an open spay/neuter clinic for cats that was held by the
SPCA. The SPCA's ABC committee has been attempting to deal with the growth of
unwanted cats in the area by spay or neutering eight to ten cats a month depending
on the amount of interest and the availability of grant money. The open clinic was
initiated to deal with the cats on a larger scale.
Mr. Dunnigan explained the clinic began with a veterinarian from the School
of Veterinary Science at Cornell offering her services and those of her students as
well as a veterinarian from Schuyler County to help with the clinic. Twelve
physicians and clinicians as well as SPCA volunteers worked the last three Sundays
to spay or neuter 138 cats. Funding is being requested from area municipalities so
this program can continue. The clinics will make a difference in the number of
unwanted farm, feral and stray cats in the area. Rabies vaccinations and medication
for sick animals to take home were also given.
Mr. Dunningan introduced ABC committee members David & Kathy Beale,
Betsy Brewer, Liz Imbasciati and Legislator Marian Meiczinger who supports the
spay/neuter program.
Mr. Dunningan apprised the Board of the clinic, which was held at the
convenience of the veterinarians, involved, before the rabies season began. Forty
cats from the Town of Cortlandville were spayed or neutered with the over all cost
being $40 per cat. This amount covered all medication and supplies used as
compared to $60 to $100 charged by local veterinarians. The local veterinarians
were informed of the clinic and approved. Hopefully with the larger expense taken
care of, owners will bring their cats to the local veterinarians for continual care.
Supervisor Thorpe inquired into what other municipalities are involved.
Mr. Dunningan stated the City of Cortland, Marathon, Homer and Cortland
County. A presentation has been made to City Council and the County Legislature.
The charge to the owner was $10. Based on the 40 cats spayed or neutered for
Cortlandville, the SPCA is requesting $1200 from the town to cover the $30
difference.
The Board expressed concern with giving additional funds considering the
current SPCA contract. Attorney Folmer stated he would investigate.
Mr. Dunnigan explained the veterinarians are not being paid for their
services. The money received will go into a specified "Zepi" fund.
Councilman Testa stated the Board is not against this program and explained
a problem that happened in the past.
Liz Imbasciati explained this would not be a donation. The SPCA and the
veterinarians are volunteering their services. The money is needed to replace
supplies used for the spay/neutering. There is an abundance of stray cats and they
are very difficult to catch. Some of the cats are diseased. If something isn't done
about these problems there will be continual trouble.
Supervisor Thorpe requested time for Attorney Folmer to investigate.
Problems have arisen in the past when the Board has agreed to participate before
the situation was looked into.
Mr. Dunnigan stated documentation could be given regarding what was
accomplished at the clinic. The town's contractual agreement is for dogs only.
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MARCH 21, 2001 TOWN BOARD MEETING PAGE 3
Legislator Marian Meiczinger explained she is a charter member of the
SPCA. In the past fund raising was done for cat programs but was not enough.
This clinic is a way to target the people who would never take their cats to a
veterinarian for spay or neutering. She has asked SPCA's Director, Sara Knobel, to
attend a County Legislature meeting and address this need.
Attorney Folmer stated the town has contracted with the SPCA to take care
of dogs as required by the NYS Ag & Market Law. He suggested possibly
amending the SPCA contract with the town. An additional item of service could be
added to the contract. Attorney Folmer will investigate this possibility.
Attorney Folmer continued on behalf of the Town Clerk to remind the SPCA
according to the Ag & Market Law they assist the Town Clerk with the renewing of
dog licenses. The effort by the SPCA has not been expended in that area.
Mr. Dunningan apologized to Town Clerk Snyder explaining the changes at
the SPCA with staff members.
Town Clerk Snyder has arranged a meeting with the new director of the
SPCA and a representative with the StateAg & Markets on Friday to organize the
current problems, explaining the dollar amount the town pays towards the SPCA's
contract is the actual fee collected from dog licensing. When this fee is not collected
the money must come from some where else, the taxpayer.
Legislator Meiczinger stated she hopes the Board will contribute, as the
clinic is an important issue.
RESOLUTION #73 AUTHORIZE EXPENDITURE OF $1200.00
TO THE SPCA TO COVER EXPENSES
FOR A SPAY/NEUTER PROGRAM FOR CATS
PENDING RESEARCH BY TOWN ATTORNEY
Motion by Councilman O'Donnell
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Board does hereby authorize the expenditure of $1200.00
to the SPCA to cover expenses for a spay/neuter program for cats pending research
by the Town Attorney.
Monthly reports for the Justice and SPCA for February 2001, are on the
table for review and filed in the Town Clerk's office.
Councilman Pilato made a motion seconded by Councilman O'Donnell, to
receive and file Time Warner Annual Report 2000. All voting aye, the motion was
carried.
Town Clerk Karen Snyder explained to the Board upon looking into
RoadRunner for Town Hall Internet access, she discovered Time Warner had not
supplied the town with an annual report since 1997. Time Warner is to supply the
town with an annual report as part of their contract for basic cable and franchise
fees.
Town Clerk Snyder commented as many municipalities have RoadRunner,
the Board might wish to consider this when Time Warner's current contract expires
in 2004.
Councilman O'Donnell, made a motion, seconded by Councilman Testa, to
receive and file a letter from Bruench Inc., advising of their intent to renew their
liquor license at Doug's Fish Fry, 206 West Road, Cortland, New York. All voting
aye, the motion was carried.
Attorney Folmer reported:
Suit-Kote litigation:
Attorney Folmer apprised the Board he will be meeting this Friday with
attorneys from Bond, Schoeneck & King, Attorneys Kevin Bernstein and Eric Dadd
(attorney from Attica, NY) to discuss the application Attorney McQuerry made on
behalf of the Panzanellas for an injunction to prohibit further construction by Suit-
Kote.
o00,
MARCH 21, 2001
TOWN BOARD MEETING
PAGE 4
Arrival of Councilman Rocco.
Supervisor Thorpe offered privilege of the floor to anyone wishing to speak
regarding the Newman Development Group, their Zone Change and Aquifer
Protection Permit requests.
Chuck Feiszh of Resource Associates displayed drawings of plans submitted
to the Town Planning Board. He explained the 200,000-sq. ft. building and smaller
retail spaces off to the side. It has not been determined what will be built on the
remaining parcels.
Mr. Feiszli is requesting the Town Board declare Lead Agency status under
SEQRA as this request is a Type I action and requires a coordinate review. The
NYS DOT has expressed an interest in the project and would like to be kept
informed of the progress. The location of the proposed project is south of the
Cortlandville Crossings Mall.
The rezoning would change the property from an Industrial Zone to
Business. Code Enforcement Officer, Bruce Weber recommended to the Town
Planning Board it would Zone than an Industrial Zone. The Business Zone allows
the Planning Board to set criteria such as setbacks, parking and other requirements,
which would be preferable in applying for variances.
The total size of the parcel is 33 acres. The storm drainage study is not
completed. Due to the square footage being over a 100,000 and the parking spaces
are over 1,000 a Type I action under SEQRA is required.
Supervisor Thorpe inquired what the proposed facility is going to be.
Attorney Kamlet apprised the Board they are not at liberty at this time to
identify the prospective tenant. Agreements with tenants typically have strict non-
disclosure provisions and cannot be publicly disclosed at this point.
Attorney Folmer and Supervisor Thorpe inquired at what point could this be
disclosed.
Attorney Kamlet stated he would speak with the Newman Development
Group and request they speak with Supervisor Thorpe to discuss the situation
informally.
Attorney Folmer stated the Town Planning Board may have concerns and be
reluctant to approve the proposed project without some detail of what kind of
business would be going in.
Attorney Kamlet explained there has been two informational meetings with
the Town Planning Board. Sufficient information has been given to them. The
Planning Board is comfortable with the project at this stage. As soon as they are
able to share more publicly, they will.
The proposed project will have 1,270 parking spaces and 200,000-sq. ft.
over all with the main building. The smaller retail space will be 24,000 sq. ft. The
standard requirements are five parking spaces per 1,OOOsq. ft.
Attorney Folmer summarized the Newman Development Group's request to
refer the Zone Change and Aquifer Permit requests to the Town and County
Planning Boards for their recommendations and that the Town Board intends to
declare Lead Agency.
Attorney Folmer will forward notifications made, to Attorney Kamlet
regarding the Town Board's declaration of Lead Agency.
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MARCH 21, 2001 TOWN BOARD MEETING PAGE 5
RESOLUTION #74 REFER ZONE CHANGE AND AQUIFER
PROTECTION PERMIT REQUEST SUBMITTED
BY NEWMAN DEVELOPMENT GROUP OF
CORTLANDVILLE, LLC. TO TOWN AND
COUNTY PLANNING BOARDS FOR THEIR
REVIEW AND RECOMMENDATIONS
Motion by Councilman Rocco
Seconded by Councilman O'Donnell
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, a Zone Change and Aquifer Protection Permit request,
submitted by Newman Development Group of Cortlandville, LLC., for property
owned by Homer Gutchess, tax map #105.00-01-22.211, shall be forwarded to the
Town and County Planning Boards for their review and recommendations, and it
further
RESOLVED, the Town Board will act as Lead Agent for this project.
Councilman Rocco made a motion seconded by Councilman Pilato, to
receive and file correspondence from Ming Feng, Inc. for their motel located at
3832 Route 11 in Polkville requesting a reduction of their Sewer Benefit Tax. All
voting aye, the motion was carried.
Supervisor Thorpe apprised the Board after ownership of this property
changed hands, the current owners complained of a high sewer bill. The Water and
Sewer Department replaced the meter and reduced their sewer bill. Now the
owners are requesting the Sewer Benefit Tax be reduced.
Supervisor Thorpe referred this request to Town Assessor, David Briggs,
and read Assessor Brigg's statement aloud stating the Benefit Tax for this property
was calculated correctly.
A discussion was held concerning the possible reasons for their high sewer
bill and procedures regarding the reading of meters at the time of an ownership
change.
Water and Sewer Sup't. Peter Alteri requested time to investigate.
RESOLUTION #75 TABLE REQUEST FROM MING FENG, INC.
FOR PROPERTY LOCATED AT 3832 ROUTE 11
REGARDING THEIR SEWER BENEFIT TAX
Motion by Councilman Rocco
Seconded by Councilman Pilato
VOTES: ALL AYE ADOPTED
WHEREAS, a request was received from Ming Feng, Inc., to reduce their Sewer
Benefit Tax for property located at 3832 Route 11, and
WHEREAS, the Water and Sewer Sup't. has requested additional time to review
this request, therefore
BE IT RESOLVED, the Town Board does hereby table the request of Ming Feng,
Inc. to reduce their Sewer Benefit Tax.
Councilman Rocco made a motion seconded by Councilman Testa, to
receive and file correspondence from Nancy Governali recommending denial of
Rerob LLC.'s request of an Aquifer Protection Permit to construct a gas station at
the comer of Route 13 and Lime Hollow Road. All voting aye, the motion was
carried.
Ms. Govemah also enclosed an article from Middletown, PA regarding well
water contamination in the Londonderry Township.
Supervisor Thorpe apprised the Board of a meeting he and Councilman
Testa held with Bernie Thoma of Thoma Development Consultants regarding grant -
writing services.
Supervisor Thorpe and Councilman Testa felt the Board should retain
Thoma Development as a consultant for a year commencing in May 2001.
22- MARCH 21, 2001 TOWN BOARD MEETING PAGE 6
RESOLUTION #76 AUTHORIZE SUPERVISOR TO SIGN
AGREEMENT WITH THOMA DEVELOPMENT
CONSULTANTS FOR GRANT WRITING
SERVICES COMMENJC G MAY 2001
Motion by Councilman Testa
Seconded by Councilman Pilato
VOTES: ALL AYE ADOPTED
WHEREAS, a discussion was held with Bernie Thoma of Thoma Development
Consultants regarding assisting the Town Board with applying for grants which are
available at the Federal and State Levels, therefore
BE IT RESOLVED, the Town Board does hereby authorize and direct the
Supervisor to sign an agreement with Thoma Development Consultants for grant
writing services commencing May 2001, for a cost not to exceed $1200.00 a year.
Councilman Rocco made a motion, seconded by Councilman Pilato, to
recess the Regular Meeting to an Executive Session to discuss a personnel matter.
All voting aye, the motion was carried.
The meeting was recessed at 5:45 p.m.
The following information was received from the Supervisor's office.
Councilman Rocco 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 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 6:00 p.m.
RespLftfully,
i
en Q. Snyder
Town Clerk
Town of Corilandville