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HomeMy WebLinkAbout05-02-2001MAY 02, 2001 7:00 P.M. it TOWN BOARD MEETING The Regular Meeting of the Town Board of the Town of Cortlandville was held at the Village of McGraw Community Center, McGraw, 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: Town Attorney, John Fohmer; Highway Sup't., Carl Bush; Water & Sewer Sup't., Peter Alteri; Village Trustee, Charlie Rowe and Joyce Rowe; Richard Beebe of Redding Hunter, Inc.; Resource Associates representative, Chuck Feiszh; Attorney, William Pomeroy; Newsreporter, Chris Nolan. Motion by Councilman Rocco Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED, the vouchers submitted have been audited and shall be paid as follows: General Fund A General Fund B Highway Fund DB Water Fund Sewer Fund Capital Projects Vouchers #205 -231 $11,300.21 31 - 33 $ 5,402.08 152 -176 $34,747.27 99 -106 $ 524.86 64 - 66 $ 744.32 17 $ 5,086.60 Supervisor Thorpe offered privilege of the floor to those in attendance. Councilman O'Donnell wished Town Clerk, Karen Snyder, a Happy Anniversary. Councilman O'Donnell apprised the Board regarding Daphine Talbot the owner of a home in deteriorating condition located at 2552 Route 41. Ms. Talbot stated she spoke with the McGraw Fire Department concerning burning the home to dispose of it. Due to a cable located over the home the Fire Department recommended having a bulldozer push the home over the bank away from the cable so it may be burned safely. Ms. Talbot informed Councilman O'Donnell she would do this. The home will be taken care of by mid to late summer. Councilman Rocco stated a fence is to be erected around the Cortland County Airport. During a County Legislature Public Hearing, the Transportation Committee commented they would consider not attaching barbed wire to the fence near the Fer-Cor Drive area. Councilman Rocco requested a letter be forwarded to the County Transportation Committee requesting their consideration to not attach barbed wire to the fence in that area. The residents in the Fer-Cor Drive area are not in favor of the installation of the fence and eliminating the barbed wire may help appease the situation. MAY 02, 2001 TOWN BOARD MEETING PAGE 2 RESOLUTION #91 AUTHORIZE SUPERVISOR TO DRAFT A LETTER TO CORTLAND COUNTY TRANSPORTATION COMMITTEE REGARDING BARBED WIRE ON THE FENCE AROUND CORTLAND COUNTY AIRPORT Motion by Councilman Testa Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED WHEREAS, Cortland County is to install a fence surrounding the County Airport on State Route 222, and WHEREAS, residents in the Fer-Cor Drive area are opposed to the attachment of barbed wire to the fence in their area, therefore BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to draft a letter to the Cortland County Transportation Committee requesting consideration be given to not attaching barbed wire to the fence around Cortland County Airport in the Fer-Cor Drive area. Monthly reports for the Tax Collector and Town Clerk for April 2001, are on the table for review and filed in the Town Clerk's office. Attorney Folmer reported: Rerob, LLC. Long Environmental Impact Statement: Attorney Folmer stated the Board received a letter from Attorney Shafer concerning the Long Environmental Impact Statement Rerob, LLC.'s proposed gas station on the comer of Route 13 and Lime Hollow Road. The Board will be utilizing consultants for input in preparation of this form. Mr. Thrasher from the consulting firm has requested the date of May 16, 2001 to review the EIS form with the Board. Attorney Folmer explained the Board is to prepare the Long EIS form and identify environmental concerns, which the Board feels, will be impacted as a result of Rerob, LLC.'s project. This information is then provided to the applicant. The applicant then engages in a scoping session with the Board at a public meeting to determine and discuss the concerns and methods to perhaps mitigate these concerns. This procedure is necessary to comply with SEQRA regulations. The material being prepared by the consultants will be available for the May 161h 2001 meeting. The Board agreed to add this to the Town Board agenda for May 16', 2001 SPCA Contract amendment: Attorney Folmer reminded the Board they requested he review the town's participation regarding the SPCA's spay/neuter program for cats. Attorney Folmer drafted an agreement to amend the SPCA's contract for 2001 only, in the amount of $1200 for these additional services. This amount is to be paid within 45 days of the date of this agreement. This is an amendment to the existing contract and not to be considered part of the basic cost the town incurs on an annual basis for the SPCA's regular services. This should not to become part of the budgetary request next year unless requested. RESOLUTION #92 AUTHORIZE SUPERVISOR TO AMEND THE CORTLAND COUNTY SPCA'S CONTRACT FOR THEIR CAT SPAY/NEUTER PROGRAM IN THE AMOUNT OF $1200 Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE ADOPTED WHEREAS, a request was made by the Cortland County SPCA for $1200 to cover expenses for a spay/neuter program for cats held by the SPCA, and WHEREAS, the Town Attorney has duly reviewed said request and recommended amending the SPCA's current. contract to allow f or said expenses, theref ore 101. MAY 02, 2001 TOWN BOARD MEETING PAGE 3 BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to amend the Cortland County SPCA's 2001 contract for their additional service of a cat spay/neuter program in the amount of $1200. Attorney Folmer continued: Bonds for Page Green Road and Crestwood Court Water and Sewer projects: Attorney Folmer stated that at the May 16, 2001 Town Board meeting he would have the necessary Bonding paperwork for the Page Green Road and Crestwood Court Water and Sewer projects making the funds available on May 17'`, 2001 Fee schedule for zoning/code applications: Attorney Folmer apprised the Board he has reviewed an ordinance containing a fee schedule for zoning/code applications from the Town of Salina provided to him by Councilman Testa. Attorney Folmer stated Cortlandville's fees were established years ago and are now inadequate. The Town of Salina's ordinance requires a developer to make a deposit to defray the costs of consultants that the Board has a right to hire under the terms of the SEQRA regulations. The municipality holds the deposit and returns the unused balance to the developer at the conclusion of the project. This allows the developer to be aware of up -front costs as opposed to during the course of the process. Attorney Fohner will review the fee schedule with Code Enforcement Officer, Bruce Weber to determine if the town's fees should be increased. Attorney Folmer will make a recommendation to the Board. He will attempt to accomplish this in early July. Panzanella/Suit-Kote litigation: Attorney Folmer apprised the Board of the final argument for the Panzanella/Suit-Kote litigation is to be heard in Norwich on May 11', 2001. Attorney Folmer and Supervisor Thorpe will attend. Attorney Folmer requested an Executive Session following tonight's meeting to discuss this pending litigation with the Board. Councilman Testa inquired if the Board could discuss payment of consultant fees for the large projects coming up. Attorney Folmer stated that SEQRA regulations provide for payment of consultant fees by the developer. This does not take effect until the scoping process is reached. When Attorney Folmer notifies the attorney for Rerob, LLC. That the Long Environmental Impact Statement is scheduled for the May 10h, 2001 meeting he will ask what the estimated costs may be. Councilman Rocco, at the request of Town Clerk Snyder, apprised the Board of the new Town Zoning Map prepared by the Cortland County Planning Department. Councilman Rocco demonstrated the current black and white Zoning Map with the new map which is colored, larger and easier to read. Councilman Rocco recommended the fee be increased from $2.00 to $5.00. Supervisor Thorpe inquired if the increased fee would be sufficient to cover the expense of the new map. Town Clerk Snyder stated it would at this time. A representative from the Cortland County Planning Department is returning to her office and will inform her of any additional cost. Town Clerk Snyder explained the town was a pilot for the Cortland County Planning Department's new GIS computer program. The Planning Department intends on using this program to create zoning maps for each town in Cortland County. RESOLUTION #93 AUTHORIZE FEE INCREASE FOR TOWN ZONING MAPS FROM $2.00 TO $5.00 SUBJECT TO COUNTY PRINTING COSTS Motion by Councilman O'Donnell Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED WHEREAS, an larger updated colored zoning map has been produced by the Cortland County Planning Departments GIS program, and MAY 02, 2001 TOWN BOARD MEETING PAGE 4 WHEREAS, the Board did duly discuss a fee increase for improvements to said Zoning Map, therefore BE IT RESOLVED, the Town Board does hereby authorize a fee increase for the sale of Town Zoning Maps from $2.00 to $5.00 subject to the Cortland County Planning Department printing costs. Attorney Folmer apprised the Board he has purchased a CD -Rom for $90 from Williamson and Law regarding suggested sample ordinances. The funds will be taken from his contractual account. RESOLUTION #94 REFER AQUIFER PROTECTION PERMIT APPLICATION SUBMITTED BY MARCY EXCAVATION CO. TO TOWN AND COUNTY PLANNING BOARDS Motion by Councilman Rocco Seconded by Councilman Pilato VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Aquifer Protection Permit application submitted by Marcy Excavation Co. for property located on Heath Road, owners Nael Cam Farms tax map #79.00-01-02.100, shall be referred to the Town and County Planning Boards for their review and recommendations. RESOLUTION #95 REFER AQUIFER PROTECTION PERMIT APPLICATION SUBMITTED BY UKRAINIAN PENTECOSTAL CHURCH TO TOWN AND COUNTY PLANNING BOARDS Motion by Councilman Rocco Seconded by Councilman Pilato VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Aquifer Protection Permit application submitted by Ukrainian Pentecostal Church for property located on McLean Road, owners Russell and Medora White tax map #95.00-01-23.100, shall be referred to the Town and County Planning Boards for their review and recommendations. Attorney Folmer recommended postponing the scheduling of a Public Hearing date for Newman Development's Zone Change request. The Town Board declared Lead Agency for this project and notification was issued on April 8, 2001. There is a thirty -day waiting period to receive any comments and no action is to be taken until after that thirty -day period. A Public Hearing date could be scheduled at the May 16, 2001 Board meeting. Councilman O'Donnell stated Richard Beebe of Redding Hunter, Inc. is in attendance. Mr. Beebe stated he attended tonight's meeting to answer any questions the Board may have concerning the proposed addition to their building on Starr Road. Councilman Rocco inquired if the neighbors had questions regarding any concerns with the proposed project. Mr. Beebe stated they were informed and they have not expressed any concerns. In answer to Councilman O'Donnell's question regarding the exact location of the addition on the building Mr. Beebe displayed a diagram of the planned addition and explained its location. 1 F� MAY 02, 2001 TOWN BOARD MEETING PAGE 5 103 Councilman Rocco made a motion seconded by Councilman Testa, to receive and file County Planning Board recommendations for Newman Development Zone Change request. All voting aye, the motion was carried. Councilman Rocco made a motion seconded by Councilman Testa, to receive and file County Planning Board recommendations for Redding Hunter, Inc. Aquifer Protection Permit request. All voting aye, the motion was carried. RESOLUTION #96 SCHEDULE PUBLIC HEARING FOR AQUIFER PROTECTION PERMIT APPLICATION SUBMITTED BY REDDING HUNTER, INC. FOR MAY 16 2001 Motion by Councilman Rocco Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, a Public Hearing shall be scheduled for May 16, 2001 at 5:00 p.m. for an Aquifer Protection Permit application submitted by Redding Hunter, Inc. for property located on Starr Road, tax map #96.09-01-63.000. Councilman Rocco made a motion seconded by Councilman Testa, to receive and file County Planning Board recommendations for Samuel Fish Zone Change request. All voting aye, the motion was carried. RESOLUTION #97 SCHEDULE PUBLIC HEARING FOR ZONE CHANGE REQUEST SUBMITTED BY SAMUEL FISH FOR MAY 16 2001 Motion by Councilman Rocco Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, a Public Hearing shall be scheduled for May 16, 2001 at 5:00 p.m. for the Zone Change request submitted by Samuel Fish, tax map #86.13-01- 37.100 located on 1035 NYS Route 222. In reference to the Fragnoli Properties Zone Change request Attorney Folmer explained a zone change is a legislative action and does not need to be acted on. A discussion was held concerning the Town and County Planning Boards recommendations for this zone change request. Supervisor Thorpe stated that the Town Planning Board recommended denial of this zone change request from R2 to R3 as it would be considered spot zoning. Attorney Folmer requested the Board table scheduling a Public Hearing for Fragnoli Properties Zone Change request until May 16, 2001, to allow time to review the Town and County recommendations. RESOLUTION #98 TABLE ZONE CHANGE REQUEST OI PROPERTIES Motion by Councilman Rocco Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby table the Zone Change request of Fragnoli Properties for property located on Starr Road owned by Robert J. Ferris, tax map #96.10-01-19.100 until May 16, 2001. -10 4 MAY 02, 2001 TOWN BOARD MEETING PAGE 6 Councilman Rocco made a motion seconded by Councilman O'Donnell, to receive and file a letter of appreciation from former Town Historian, Alice Blatchley. All voting aye, the motion was carried. Mrs. Blatchley thanked the Board for her retirement party held April 18, 2001 and for her opportunity to work for the town. Councilman Rocco made a motion seconded by Councilman O'Donnell, to receive and file correspondence from Attorneys Reihlman, Shafer & Shafer regarding Rerob, LLC.'s proposed Express Mart on Route 13 and Lime Hollow Road. All voting aye, the motion was carried. RESOLUTION #99 REQUESTING THE NEW YORK STATE LEGISLATURE RESTORE FUNDING FOR THE OPERATIONS AND MAINTENANCE OF CAPITAL HIGHWAY IMPROVEMENT PROGRAMS (CHIPS) FUNDING FOR COUNUES Motion by Councilman Rocco Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED WHEREAS, during the past several years, the adopted New York State Budget(s) have provided for a zero increase in funding for the Operations and Maintenance for Capital Highway Improvement Programs (CHIPS) funding, as it pertains to Counties within New York State, and WHEREAS, this zero increase in funding has caused a serious erosion of the ability of municipalities located within the State of New York to properly and safely improve the infra -structure of the highways and bridges within these municipalities, and WHEREAS, the Committee on Transportation of the Cortland County Board of Representatives has received a report for the County's Director of Public Works that the proposed Governor's Executive Budget for New York State for the Year 2001 provides again for the elimination of Operations and Maintenance funding for Counties within the State of New York, and WHEREAS, it is essential that the New York State Legislature re-establish, in the Governor's Proposed Year 2001 State Budget, Operations and Maintenance funding for Counties, as well as providing a long overdue increase in the CHIPS funding to municipalities, now therefore BE IT RESOLVED, that the Cortlandville Town Board requests that the New York State Legislature restore Operations and Maintenance funding for Counties and increase said funding for Capital Highway Improvement Programs (CHIPS) to municipalities within the State of New York, and be it further RESOLVED, that a certified copy of this resolution be forwarded to Governor Pataki, Senate Majority Leader Bruno, Senators Libous and Seward, Assembly Speaker Silver, Assemblymen Crouch and Finch, Commissioner Joseph Boardman, New York State Department of Transportation, New York State Association of Counties and New York State County Highway Officials Association. Councilman O'Donnell made a motion, seconded by Councilman Pilato, to receive and file correspondence from Cortland County Sheriff, Lee Price. All voting aye, the motion was carried. Sheriff Price requested a meeting with the Town Board to discuss suggestions or comments the Board may have for the Sheriff's Department. Councilman O'Donnell made a motion, seconded by Councilman Testa, to recess the Regular Meeting to an Executive Session to discuss a personnel matter. All voting aye, the motion was carried. 1 1 MAY 02, 2001 TOWN BOARD MEETING PAGE 7 105 The meeting was recessed at 7:25 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 Testa, to adjourn the Regular Meeting. All voting aye, the motion was carried. The meeting was adjourned at 8:20 p.m. Respe tfully, Karen Q. Snyder Town Clerk Town of Cortlandville 1 1