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HomeMy WebLinkAbout03-21-2001MARCH 21, 2001 5:00 P.M. 77 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. 1 11111 fli killown I IN , NE - 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. 1 79 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. 1 1 1 21 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