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JUNE 06, 2001
0111303
TOWN BOARD MEETING
The Regular Meeting of the Town Board of the Town of Cortlandville was
held at the Independent Baptist Church in Blodgett Mills, New York, with
Supervisor Thorpe presiding.
Members present: Supervisor, Raymond Thorpe
Councilman, Theodore Testa
Councilman, Edwin O'Donnell
Councilman, Ronal Rocco
Town Clerk, Karen Q. Snyder
Absent: Councilman, John Pilato
Others present were: Town Attorney, John Folmer; Highway Sup't., Carl
Bush; Water and Sewer Sup't., Pete Alteri; Town Engineer, Hayne Smith; Clough,
Harbour Associates representatives, James Thrasher and Laura Cassalia; Town
Residents, Minister of the Independent Baptist Church Rev. f. Terry. and,: Martha
Major and daughter, Betty Wood, Patricia Breed and News Reporter, Chris Nolan.
Supervisor Thorpe called the meeting to order.
Councilman Testa made a motion seconded by Councilman O'Donnell, to
receive and file the Town Planning Board minutes of April 3, 2001. All voting aye,
the motion was carried.
RESOLUTION #114 AUTAO ZE PAYMENT OF VOUCHERS - J NE
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
Vouchers #261 -292
$20,110.59
General Fund B
40 - 50
$14,528.70
Highway Fund DB
198 -228
$15,957.27
Water Fund
117 -131
$69,760.06
Sewer Fund
74 - 82
$73,580.56
Capital Projects
22 - 26
$ 8,356.16
Supervisor Thorpe offered privilege of the floor to those in attendance.
Martha Major of 2262 Blodgett Mills Road, inquired what could be done
regarding residents with messy front yards, specifically garbage and if there are any
regulations involved.
Supervisor Thorpe stated that no regulations regarding garbage exists at the
present.
Councilman O'Donnell explained there is an ordinance in the town regarding
lawn mowing, the number of unlicensed or junk cars. He stated he understood
whom Mrs. Major was referring to. Councilman O'Donnell did speak with them
concerning cleaning up their yard in a months time or he would turn them into the
town's Code Enforcement Officer, Bruce Weber. Councilman O'Donnell explained
CEO Weber will look into a situation if a complaint is made but he does not go
looking for violations.
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JUNE 06, 2001 TOWN BOARD MEETING PAGE 2
In answer to a question of a law against garbage on lawns, Attorney Folmer
explained the difficulty is with defining garbage. He sited the problems that arose
with the lawn -mowing ordinance. It is very difficult to be specific enough for this
type of ordinance to be enforceable. The same problem exists in the City of
Cortland. ,
Councilman O'Donnell commented the City of Syracuse may have
something referring to cleaning up neighborhoods.
Attorney Folmer stated according to the Post Standard this is being
accomplished mainly by utilizing volunteers taking pride in their neighborhood.
Attorney Folmer explained CEO Weber is not a zoning policeman. He
investigates complaints and forwards a letter to the landowner informing them of the
violation. If the violation is not corrected within a certain period of time it is
referred to the Town Attorney and is then brought. before Town Judge Kelsen.
What the town is looking for is more compliance then punishment. The difficulty is
in defining this type of ordinance as it is for a noise ordinance.
A discussion was held regarding the type of garbage in the yard of the
previously referred to resident. Also discussed was possible neighborhood
assistance in cleaning up their yard.
Rev. Major inquired into Cortlandville having an amnesty day as other
towns.
Highway Sup't. Carl Bush stated that very few towns have amnesty days.
The town does allow residents to bring unwanted items, not including garbage, to
the highway garage for the town to dispose. It is preferred a resident calls the
highway garage before bringing items in.
In response to questions referring to hazardous waste and pesticides,
Councilman O'Donnell suggested contacting the DEC and/or the Soil and Water
Conservation District. Paint cans may be disposed of once they have dried out.
Attorney Folmer stated that if health problems are a concern the County
Health Department is very responsive and would, upon request, do an inspection.
Rev. Major inquired about the donated funds for equipment at the
playground on Blodgett Mills Road.
Highway Sup't. Bush stated $2000 had been collected. He provided
equipment books to Mrs. Quail and Mrs. Spence to look through. The type of
playground equipment they were interested in was $13,000 and mainly for children
twelve and under. Highway Sup't. Bush agreed to bring the books back for
reconsideration.
It was stated Cortland County is looking into improving parks along the
Tioughnioga River from Homer to Marathon. The parks in the Blodgett Mills area
may be tied into that project.
Ms. Major, daughter of Rev. and Martha Major, expressed her appreciation
to the Board for the new picnic table and garbage cans at the playground on
Blodgett Mills Road. She expressed her concern for holes at the end of the
basketball court next to the posts and sited an incident where someone broke an
ankle due to these holes. She requested the holes be fixed. Also new nets installed
on the basketball hoops. Currently residents are replacing the nets.
Highway Sup't. Bush will take care of the holes and new nets.,
Pat Breed of Blodgett Mills expressed her appreciation to Town Clerk,
Karen Snyder and Attorney Folmer for Bingo being accomplished in Cortlandville.
Attorney Folmer stated that Town Clerk Snyder completed the majority of
the work concerning Bingo.
Supervisor Thorpe stated Bingo has created an extensive amount of
paperwork and the majority of the revenue goes to the State.
Councilman O'Donnell apprised the Board of a meeting between himself,
Councilman Testa, representatives from Clough, Harbor & Associates, several
Planning Board members and area residents. The meeting was to discuss town
planning in regards to the Route 281-corridor development. A decision was made
to meet again, at which time Clough, Harbor & Associates will have an outline of
suggestions for a study of the area. It is felt the town needs a master plan to mange
growth along Route 281 and should form a committee of six to eight citizens
including business people to accomplish this. The study could possibly take six to
eight months to complete.
JUNE 06, 2001 TOWN BOARD MEETING PAGE 3 1L4 1
Supervisor Thorpe stated the town's present master plan does not specify
particular types of business allowed in the Business Zone or types of manufacturing
in an Industrial Zone. The current plan was established before issues with the
Aquifer.
Councilman Testa apprised the Board that Walt Kalena is heading this
committee and stated the importance of community input regarding this study.
Councilman O'Donnell suggested putting money aside for this project at next
year's budget planning time.
Town Engineer, Hayne Smith, arrives at 7:35 p.m.
Councilman Testa opened a discussion regarding a moratorium concerning
gas stations on Route 281.
Supervisor Thorpe stated he felt no gas station should be built over the
Aquifer.
Attorney Fohmer explained the moratorium process. The Board would need
to hold a Public Hearing. Adopt a Local Law that specifies the area and what the
moratorium is for. It would need to be tied specifically to the review of the
comprehensive plan and to the reconstruction/redevelopment of Route 13 and Route
281 for a specific period of time based on the length of time of the proposed study.
The moratorium must provide any application pending before the initial date of the
moratorium must be completed. A moratorium cannot be placed on a previous
application.
The length of time for the moratorium was discussed with James Thrasher
from Clough, Harbor & Associates. It would take six to eight months for a corridor
study from Exit 12 on Route 281 south to the end of the Town of Cortlandville line.
Attorney Folmer suggested informing him when the next meeting for the
Route 281 master plan is going to be held. He will provide a, moratorium draft for
the committee member's approval.
The monthly report for the Town Clerk for May 2001 is on the table for
review and filed in the Town Clerk's office.
Town Clerk Snyder apprised the Board that she and the Cortland County
Sheriff Department investigated Statewide Country Music Association's Bingo
license application, as required by law. They found all to be in order and she
recommended the issuance of their license.
RESOLUTION #115 AUTHORIZE SUPERVISOR TO SIGN
NYS RACING AND WAGERING
APPLICATION FOR STATEWIDE
_ COUNTRY MUSIC ASSOCIATION
Motion by Councilman O'Donnell
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
WHEREAS, the Statewide Country Music Association has made application for a
Bingo License, and
WHEREAS, the Cortland County Sheriff Department and Town Clerk investigated
said application and individuals listed as required by law and f ound all to be in
order, therefore
BE IT RESOLVED, the Town Board does hereby authorize and direct the
Supervisor to sign the NYS Racing and Wagering Findings and Determinations
application, and it is further
RESOLVED, the Town Clerk is hereby authorized and directed to issue a license to
the Statewide Country Music Association to conduct Bingo games for property
located in the Town of Cortlandville at 1824 Truxton Road Route 13 North from
June 15, 2001-December 28, 2001, Fridays only.
JUNE 06, 2001
TOWN BOARD MEETING
PAGE 4
RESOLUTION #116
ACKNOWLEDGE RECEIVING A NOTICE OF
SMALL CLAIM FOR DAMAGE TO A
VEHICLE
Motion by Councilman Rocco
Seconded by Councilman O'Donnell
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby acknowledge, by receiving and
filing, the Small Claims Summons received of David C. Lizzotte, regarding damage
to his vehicle due to a large depression in a road.
Attorney Folmer inquired if this claim had gone to the town insurance
carrier. Town Clerk Snyder acknowledged they do have a copy. He explained this
claim was presented to the town due to damage done because of a hole in a county
road. The town should not have any liability but in the event it does the town's
liability insurance would cover it.
Councilman Testa made a motion seconded by Councilman O'Donnell; to
receive and file correspondence from Member of Assembly Clifford W. Crouch to
Town Clerk Karen Snyder regarding his receipt of the Town of Cortlandville's
resolution regarding the CHIPS program. All voting aye, the motion was carried.
Attorney Folmer reported:
Bonding material for Page Green Rd, Crestwood Court Water & Sewer projects:
Attorney Folmer stated he has the completed Bonding materials for the three
water and sewer projects to be delivered to Alliance Bank tomorrow. The funds
for these projects will be available tomorrow.
Hobart Hill Road:
Attorney Folmer distributed a copy and explained his correspondence to
Town Assessor, David Briggs concerning the relocation and reconveyance of a
right of way located on Hobart Hill Road. Upon being contacted by Attorney Don
Armstrong, concerning this reconveyance, Attorney Folmer apprised him that the
Board will cooperate in any way. It is now up to Attorney Armstrong and the
residents he represents to proceed.
Legislation CD:
Attorney Folmer apprised the Board he has purchased a CD ROM, paid
through his contractual account, from General Code Publishers containing proposed
pieces of legislation including a moratorium resolution.
Possible Retaining of a Syracuse Law Firm:
Attorney Folmer apprised the Board he has preliminarily discussed with a
law firm from Syracuse concerning retaining their services to assist the town with
out of the ordinary certiorari actions and possibly SEQRA review litigation, if
necessary. He has received their resume. This firm has no conflict of interest.
They are willing to accept an arrangement on a case by case basis.
Attorney Folmer apprised the Board that he will be out of town from June
Sth - June 12th.
Councilman O'Donnell made a motion seconded by Councilman Testa; to
receive and file correspondence from Senator James Seward regarding the CHIPS
program funding. All voting aye, the motion was carried.
Councilman Rocco made a motion seconded by Councilman O'Donnell, to
receive and file correspondence from Ron Rock, Chief Budget Examiner, NYS
Executive Department and Division of the Budget, regarding the CHIPS program
funding. All voting aye, the motion was carried.
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JUNE 06, 2001 TOWN BOARD MEETING PAGE 5
193
Councilman Rocco made a motion seconded by Councilman O'Donnell, to
receive and file correspondence from Member of Assembly Gary D. Finch
regarding the CHIPS program funding. All voting aye, the motion was carried.
Councilman Rocco made a motion seconded by Councilman O'Donnell, to
receive and file correspondence from Attorneys Riehhman, Shafer & Shafer
representative, John Sidd to Supervisor Thorpe, Cortland County Legislature
Chairman W. Stephen Harrington, and Homer Central School Superintendent
Harold Ferguson. All voting aye, the motion was carried.
Mr. Sidd's correspondence was in regards to a Public Hearing for Cortland
County Industrial Development Agency for Seneca Automatic Door, Inc. Project to
be located at 3699 Luker Rd. It will be scheduled for June 28, 2001 at 1:30 p.m. at
the Town of Cortlandville meeting room.
Councilman O'Donnell made a motion seconded by Councilman Testa, to
receive and file correspondence from Attorneys Riehlman, Shafer & Shafer to Frank
Mento of Clough, Harbour & Associates, LLP. All voting aye, the motion was
carried.
Attorney Robert M. Shafer's correspondence was requesting a copy of the
hourly rate of billing for each engineer and staff personnel in regards to Rerob,
LLC.'s proposed Express Mart Development at the intersection of Route 13 and
Lime Hollow Road.
Councilman Testa made a motion seconded by Councilman O'Donnell, to
receive and file correspondence from Attorneys Riehlman, Shafer & Shafer
regarding the town retaining engineering firm Clough, Harbour & Associates All
voting aye, the motion was carried.
Attorney Shafer's correspondence stated Rerob, LLC's objection to the
town's retainment of engineering firm Clough, Harbour & Associates, LLP.
concerning Rerob, LLC.'s proposed Express Mart Development Project at the
intersection of Route 13 and Lime Hollow Road.
Councilman Rocco made a motion seconded by Councilman Testa, to
receive and file correspondence from Cortland County Legislature Highway
Committee Chairman, Russell Teeter regarding the barbed wire fencing surrounding
Cortland County Airport. All voting aye, the motion was carried.
Chairman Teeter stated the committee conducted a vote and decided to
continue with the installation of the barbed wire.
Councilman Rocco commented that the letter sent by the town dated May 8,
2001 requesting the Highway Committee consider not installing the barbed wire
fencing was never taken into consideration. The committee took a telephone vote
on May 1', 2001. The vote was 4 to 2 in favor of the barbed wire.
Councilman O'Donnell made a motion seconded by Councilman Rocco, to
receive and file correspondence and a petition written to Timothy MacNeil owner of
Valley View Apartments, from the residents of Valley View Drive regarding the
apartments. All voting aye, the motion was carried.
The petition is in regards to the condition of the apartments and the request
for a meeting to resolve several problems listed in the petition.
In answer to Councilman Testa's question, Supervisor Thorpe stated CEO
Bruce Weber did receive a copy of the Valley View Drive resident's petition.
Councilman O'Donnell made a motion seconded by Councilman Testa, to
receive and file County Planning Board recommendations regarding the Aquifer
Protection Permit application of Marcy Excavation Co., Inc. All voting aye, the
motion was carried.
The County Planning Board recommended approval subject to conditions.
J-H 9 JUNE 06, 2001 TOWN BOARD MEETING PAGE 6
RESOLUTION #117 REFER AQUIFER PROTECTION PERMIT
APPLICATION SUBMITTED BY ECONOMY
PAVING TO TOWN AND COUNTY PLANNING
BOARDS FOR THEIR REVIEW AND
RECOMMENDATIONS
Motion by Councilman O'Donnell
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Aquifer Protection Permit application submitted by
Economy Paving for property located at 1819 NYS Route 13, owner Joseph
Compagni tax map #77.00-01-33.000, shall be referred to the Town and County
Planning Boards for their review and recommendations.
Councilman Rocco made a motion seconded by Councilman O'Donnell, to
receive and file correspondence from Village of Homer Mayor, Richard Beebe
regarding temporary assistance with their water reports. All voting aye, the motion
was carried.
Mayor Beebe requested temporary assistance from the town's Water and
Sewer Sup't., Peter Alteri, with the Village of Homer's monthly water reports until a
new Water and Sewer Sup't. for the village could be appointed.
Councilman Testa made a motion seconded by Councilman Rocco, to
receive and file correspondence from Dr. Robert Morris regarding drainage
concerns in the Renaissance Subdivision. All voting aye, the motion was carried.
Councilman O'Donnell made a motion seconded by Councilman Rocco, to
receive and file correspondence from the NYS DOT regarding a Public Outreach
Meeting scheduled for June 26, 2001 at 10:00 a.m. All voting aye, the motion was
carried.
The meeting will be held at Dwyer Memorial County Park on Route 281 in
Little York for their proposed 2001/2006 projects hi Cortland County.
Councilman O'Donnell made a motion seconded by Councilman Testa, to
receive and file correspondence from the US Department of Commerce, US Census
Bureau regarding the "Profile of General Demographic Characteristics: Census
2000". All voting aye, the motion was carried.
Supervisor Thorpe commented this information which includes composition
of the town, distribution by ages and household characteristics, is very interesting.
Councilman O'Donnell made a motion seconded by Councilman Testa, to
receive and file correspondence from Town Assessor, David Briggs regarding
Hobart Hill Road. All voting aye, the motion was carried.
Mr. Briggs apprised the Board of Mr. Bernard Glazier complaint when
Hobart Hill Road was reconfigured. The old road right of way was not deeded
back to the adjoining property owners, which is posing a problem for settlement of
the Stanley Hobart estate.
Supervisor Thorpe read aloud correspondence from the NYS DOT Regional
Traffic Engineer, Jon Edinger to Senator James Seward regarding the NYS DOT
agreement to install a part-time three -color traffic signal at 999 Route 13 the
Cortlandville Fire Department. It will be part of an ongoing capital contract.
Completion of installation is expected to be this construction season.
Councilman Rocco made a motion seconded by Councilman O'Donnell, to
receive and file correspondence from NYS DOT Regional Traffic Engineer, Jon
Edinger to Senator James Seward regarding the request of a traffic signal on Route
13 at the Cortlandville Fire Department. All voting aye, the motion was carried.
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JUNE 06, 2001 TOWN BOARD MEETING PAGE 7
Attorney Folmer recommended the Board move to approve the request of
Homer Mayor Beebe for assistance from the town's Water -and Sewer Sup't . Peter
Alteri.
RESOLUTION #118 AUTHORIZE WATER & SEWER
SUPERINTENDENT TO ASSIST VILLAGE OF
HOMER WATER & SEWER DEPARTMENT
Motion by Councilman O'Donnell
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
WHEREAS, due to the passing of the Village of Homer Water & Sewer
Superintendent John Galeotti a B-2 classified individual, the Village is requesting
assistance from the town until a qualified individual is found for their Water &
Sewer Department, and
WHEREAS, the town currently has a qualified B-2 individual, Peter Alteri the
Town of Cortlandville's Water & Sewer Superintendent, therefore
BE IT RESOLVED, the Board does hereby authorize Water & Sewer
Superintendent Peter Alteri to assist the Village of Homer Water & Sewer
Department until the Village can fulfill the position with a qualified individual.
Pat Breed requested an acknowledgement be made from the Board to the
Major family for cleaning up Kellogg Road and to Barb and Jack Spence for
maintaining the Blodgett Mills Cemetery.
The Board agreed to have Supervisor Thorpe forward letters of recognition.
Councilman O'Donnell made a motion, seconded by Councilman Rocco, to
recess the Regular Meeting to an Executive Session to discuss pending litigation.
All voting aye, the motion was carried.
The meeting was recessed at 8:05 p.m.
The following information was received from the Supervisor's office.
Councilman O'Donnell made a motion, seconded by Councilman Rocco, to
adjourn the Executive Session and reconvene to the Regular Meeting. All voting
aye, the motion was carried.
RESOLUTION #119 AWARD BID FOR CRESTWOOD COURT,
GROTON AVENUE, NYS ROUTE 281
AND PAGE GREEN ROAD WATER AND
SEWER IMPROVEMENT PROJECTS TO G.
DEVINCENTIS AND SON CONSTRUCTION
CO INC IN THE AMOUNT OF $592 000 00
Motion by Councilman Testa
Seconded by Councilman O'Donnell
VOTES: ALL AYE ADOPTED
WHEREAS, bids were advertised for the Crestwood Court, Groton Avenue, NYS
Route 281 and Page Green Road Water and Sewer Improvement Projects, and
WHEREAS, sealed bids were opened on June 1, 2001 at 3:00 p.m. and provided to
the Town Engineer f or review as follows:
G. DeVincentis & Son Const. Co. Inc. $592,000.00
7 Belden Street
Binghamton, NY 13903
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JUNE 06, 2001
TOWN BOARD MEETING
Masciarelli Construction Co. Inc.
784 Conklin Road
Binghamton, NY 13903
DeNinis Construction Inc.
138 Burr Avenue
Binghamton, NY 13903
Vacri Construction Co. Inc.
1 Brick Avenue
Binghamton, NY 13901
$614,715.94
$665,415.00
$711,000.00
BE IT RESOLVED, the bid as recommended by the Town Engineer is hereby
awarded to G. DeVincentis & Son Construction Co. Inc. of Binghamton, NY in the
amount of $592,000.00.
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 8:28 p.m.
Resp , ctfully submitted,
Karen Q. Snyder
Town Clerk
Town of Cortlandville
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