HomeMy WebLinkAbout05-02-2001MAY 02, 2001 7:00 P.M.
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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.
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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.
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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
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