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HomeMy WebLinkAbout06-20-2001JUNE 20, 2001 5:00 P.M. 117 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, Edwin O'Donnell Councilman, Ronal Rocco Councilman, John Pilato Town Clerk, Karen Q. Snyder Others present were: Town Attorney, John Folmer; Highway Sup't., Carl Bush: Water and Sewer Sup't., Pete Alteri: Planning Board member, Nick Renzi; City of Cortland Alderman, Trish Hansen; Bernie Thoma of Thoma Development Consultants; Town Residents, Lydia Ferro, Patty Riotto, Wilma Puderbaugh and Mrs. King. Supervisor Thorpe called the meeting to order. Councilman Pilato made a motion seconded by Councilman Rocco, to approve Town Board minutes of February 7, 2001. All voting aye, the motion was carried. Councilman Testa made a motion seconded by Councilman O'Donnell, to approve Town Board minutes of February 21, 2001. All voting aye, the motion was carried. Councilman Rocco made a motion seconded by Councihuan Pilato, to approve Town Board minutes of March 7, 2001. All voting aye, the motion was carried. Councilman Rocco made a motion seconded by Councilman Testa, to receive and file the Town Planning Board minutes of May 29, 2001. All voting aye, the motion was carried. Councilman Rocco made a motion seconded by Councilman O'Donnell, to receive and file the Zoning Board of Appeal minutes of May 29, 2001. All voting aye, the motion was carried. 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 #293 -309 $5,384.53 General Fund B 51 - 55 $7,055.13 Highway Fund DB 229 -246 $6,007.91 Water Fund 132 -145 $8,729.74 Sewer Fund 83 - 90 $1,305.68 Capital Projects 27 $ 320.00 JUNE 20, 2001 TOWN BOARD MEETING PAGE 2 Supervisor Thorpe offered privilege of the floor to those in attendance. Councilman Testa opened a discussion regarding the article in the Cortland Standard concerning a Public Hearing for Newman Development Group previously scheduled for tonight's meeting. Attorney Folmer stated the Hearing was cancelled as opposed to recess. Newman Development Group cancelled the hearing because not all their information was ready. When the Public Hearing is rescheduled a new notice will be published. Councilman Rocco suggested holding the Public Hearing at a larger facility due to the amount of interest in this project. Attorney Folmer received the request for cancellation late Monday and had it published in Tuesday's edition of the Cortland Standard. Supervisor Thorpe offered privilege of the floor to Wilma Puderbaugh. Wilma Puderbaugh of 3588 Terrace Road, inquired into the status of the Keane property code violations on Terrace Road. Attorney Folmer explained the Keane's appeared before Judge Kelsen on three violations. To date Judge Kelsen has requested the Keane's clean up their property with no fine imposed. Attorney Folmer will request Code Enforcement Officer, Bruce Weber follows up on this issue. Mrs. Puderbaugh explained about the amount of trash on Keane's property that comes under the fence onto her property. Her other concern is with the Keane's large apple tree that is growing over onto her property. Attorney Folmer explained the difficulty is with defining trash. He stated he would speak with Sheriff Price for his input as well as CEO Weber and report back to Mrs. Puderbaugh. Town Planning Board member, Nick Renzi, opened a discussion regarding the Comprehensive Plan meeting of June 19, 2001. Mr. Renzi apprised the Board that the meeting was well attended with representatives from Clough, Harbour & Associates. They gave a presentation regarding the Route 281 corridor study from Exit 12 south along Route 13 to the Cortlandville town line. They have since informed Mr. Renzi they are currently drafting an updated proposal. Mr. Renzi suggested Clough, Harbour & Associates reflect upon the plan put together in the 1970's. As well as the progress made regarding the Aquifer District Permits, Storm Water Management and local codes. He also suggested the new proposal include a breakdown of costs concerning professional levels involved and be distributed to Supervisor Thorpe, Councilman Testa, Planning Board Chairman Wickwire and himself for review. The proposal should then be discussed with the Town and Planning Boards before presenting it to the public. Supervisor Thorpe agreed the original proposal presented needed to be more defined for the area. He also recommended limiting the number of people involved in the Advisory Committee to better develop the essence of this project. Councilman O'Donnell stated the importance of tailoring the proposal to the town's needs. 11,1r. Renzi continued regarding the proposed moratorium for Routes 281 and 13. He stated the importance for supporting the moratorium as opposed to the appearance of a stall tactic. Councilman O'Donnell stated a definite time period and a purpose for the moratorium needs to be established. Attorney Folmer submitted a draft of the proposed Local Law for a Moratorium on development to the Board for review. He explained the draft is a broad outline stating no projects are to be undertaken along Routes 281 and 13 corridor during the period of the moratorium after the effective date. With the understanding that present applications must be acted upon. The reason for the moratorium is based upon the review and updating of the comprehensive plan. Attorney Folmer requested the'Board review this Local Law proposal for possible changes after which a required Public Hearing will be scheduled. This Local Law will be effective upon adoption and filing with the Secretary of State. Supervisor Thorpe reminded the Board the next Town Board meeting will be held on Thursday July 5, 2001 at 7:00 p.m. 1 1 1 JUNE 20, 2001 TOWN BOARD MEETING PAGE 3 19 7 Supervisor Thorpe offered privilege of the floor to Bernie Thoma. 1 1 Bernie Thoma of Thoma Development Consultants explained to the Board of a business named Wilbedone, Inc., which is expanding and relocating to Groton Ave. in the Town of Cortlandville. Wilbedone, Inc. is in need of $500,000 for capital equipment, which will, allow.them to, expand their business and.'increase their employment by 17 people. Mi. Thoma explained of a new State program through their Community Development Program. Municipalities can apply for funds on behalf of businesses that are expanding:.- Money, would come to:.,the town as a:grant giving the town the ability to loan the money to area businesses at a low interest 'rate. This program allows more employment in the town. The money lent would be paid back to the town creating a revolving loan fund for other businesses, similar to the City of Cortland's program. The type of funds used are Federal funds through the Department of Housing and Urban Renewal, administered by the State and available only to municipalities. Mr. Thoma explained the three -step process application. First an informal discussion is held with the State explaining the project, the use and whom the money is for. Next a formal application is made. Then Public Hearing is held. Upon filing of the final application, the State begins the approximate 30-60 day approval process. Part of the town's responsibility is to do reasonable credit checks on the applicant with the ultimate decision being up to the State. The town has the right not to submit an application. If the town does proceed it will become "bankers". Mr. Thoma stated if the Board were interested he would begin the process with the State. I , - ..... -- RESOLUTION #121 AUTHORIZE, THOMA DEVELOPMENT CONSULTANTS TO COMMENCE PROCEDURE FOR A GRANT THROUGH THE NEW YORK STATE GOVERNOR'S OFFICE FOR SMALL CIDE, Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: Supervisor Thorpe Aye Councilman O'Donnell Aye Councilman Testa Aye Councilman Pilato Aye Councilman Rocco Abstain ADOPTED BE IT RESOLVED, the Town Board does hereby authorize and direct Thoma Development Consultants to commence procedure for a grant -through the New York State Governor's Office for Small Cities for businesses wishing to expand. Mr. Thoma-stated he would inform the Board- when -the application approval point'is reached. - Supervisor Thorpe offered privilege of the floor to Patty Riotto. Patty Riotto of 548 McLean Road inquired into the status of the NYS DOT imposing a weight limit on trucks for McLean Road. Trucks are causing a serious problem on this road. Supervisor Thorpe stated a letter was written to the NYS DOT backing the McLean Road Citizens Committee's request for lowering the speed limit. To his knowledge nothing was stated concerning weight limits. Councilman Rocco stated the Sheriff Department was investigating banning trucks from the use of jack brakes but has not gotten back to the Board yet. Attorney Folmer stated he would investigate who should be contacted regarding the truck weight limit dispute. He will then contact Mrs. Riotto with this information and work together towards a solution. I 5 0 JUNE 20, 2001 TOWN BOARD MEETING PAGE 4 Mrs. Riotto commented trucks are causing major maintenance problems for McLean Road. As a taxpayer she is upset with paying for the upkeep on a previously paid road. Councilman Rocco remarked about the difficulty getting cooperation from the NYS DOT and the County regarding roads in Cortlandville. McLean Road is a county road. He suggested speaking to the County Legislature. Monthly reports for the Supervisor and SPCA for May 2001 and Town Historian for April and May 2001, are on the table for review and filed in the Town Clerk's office. RESOLUTION #122 ACCEPT 2001 TAX COLLECTOR'S SUMMARY Motion by Councilman O'Donnell Seconded by Councilman Pilato VOTES: ALL AYE ADOPTED BE IT RESOLVED, the 2001 Tax Collector's Summary is hereby accepted and shall be received and filed. Councilman O'Donnell made a motion seconded by Councilman Pilato, to receive and file the 2nd Quarter Water and Sewer Report. All voting aye, the motion was carried. Supervisor Thorpe stated the water loss is now less than 2%. There was a time when the water loss was 40%. The Water and Sewer Sup't. Alteri deserves credit for the improvement. Councilman Pilato made a motion seconded by Councilman O'Donnell, to receive and file correspondence from NYS Department of State to Town Clerk Snyder regarding the town's 2000 population total. All voting aye, the motion was carried. Councilman Pilato made a motion seconded by Councilman O'Donnell, to receive and file correspondence from the Director of State & Local Government Affairs, Thomas J. Madison, Jr. to Town Clerk Snyder. All voting aye, the motion was carried. The correspondence was in regards to Governor Pataki's acknowledging receipt of a copy of the town's resolution to restore the CHIPS funding program. Attorney Folmer reported: Rerob, LLC. Scoping Draft: Attorney Folmer inquired if Supervisor Thorpe received a copy of the proposed scoping document from Rerob, LLC. and asked that each Board member receive a copy. Newman Development Public Hearing postponement: Attorney Folmer distributed a copy of Newman Development Group's request for postponement of their Public Hearing previously scheduled_ for tonight's meeting. Due to this hearing being cancelled, a new Public Hearing,' will be published upon rescheduling. Attorney Folmer agreed with Councilman Rocco, consideration should be given to holding the hearing in a larger facility: Attorney Folmer apprised the Board Newman Development submitted a traffic impact study directly to the NYS DOT. He requested permission from the Board to request a copy of this study and also their comments regarding that study. G 1 1 1.51 _JUNE 20, 2001 __ _ - - . TOWN BOARD .MEETING PAGE 5 RESOLUTION #123 AUTHORIZE TOWN ATTORNEY TO REQUEST A COPY OF NEWMAN DEVELOPMENT GROUP'S ' ' TRAFFIC IMPACT STUDY OF ROUTE 13 FROM THE NYS DOT Motion by Councilman O'Donnell Seconded by Councilman Pilato VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Board does hereby authorize and direct the Town Attorney to request a copy of Newman Development Group's Traffic Impact Study for their proposed facility to be located on Route 13, along with any comments, from the NYS DOT. McDermott Water Booster Station: Attorney Folmer apprised the Board that he has not received the proposal of completion f or the McDermott Water Booster Station from Resource Associates that the Board requested five or six months ago. Attorney Folmer requested permission toy write Tim Buhl of Resource Associates stating the Board is to have a proposal by August 1, 2001 with completion by summer of 2002 or the Board would consider the town's involvement terminated. This issue needs to be concluded. RESOLUTION #124 AUTHORIZE TOWN ATTORNEY TO WRITE A LETTER TO TIM BUHL OF RESOURCE ASSOCIATES REGARDING WILLIAM MCDERMOTT WATER BOOSTER STATION Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Board does hereby authorize and direct the Town Attorney to write a letter to Tim Buhl of Resource Associates requesting a completion schedule of William McDermott's Water Booster Station be submitted by August 1, 2001, and it is further RESOLVED, requesting work on said station is to be completed by the summer of 2002 or the town's involvement will be considered terminated. Bids for Page Green Road and Crestwood Court Water and Sewer Projects: Attorney Folme'r, apprised the Board, that ^ according 'to Town Engineer, Hayne Smith, the estimated cost of these -projects has rose to $150,000-more than originally bonded for. Three more bonding resolutions will'be necessary for the additional funds. Work on these projects may begin as planned as the funds from the original bonding process are in place. Attorney Folmer requested permission to proceed with the three new bonding resolutions. Highland Road Sewer Project: Attorney Folmer apprised the Board that the cost of the Highland Road Sewer project to begin in 2002 and scheduled for completion in 2003, has increased from the original estimated cost of $1.5 million to $2 million, as per Engineer Smith's planning report. Attorney Folmer stated that approval by the State Comptroller is needed to bond for that amount. He has written to Bond Council in New York for their assistance in making that application. Attorney Folmer recommended waiting for a response from Bond Council before proceeding. 15 JUNE 20, 2001 TOWN BOARD MEETING PAGE 6 RESOLUTION #125 AUTHORIZE TOWN ATTORNEY TO PROCEED WITH ADDITIONAL BONDING RESOLUTIONS FOR PAGE GREEN ROAD WATER AND SEWER IMPROVEMENT PROJECT AND CRESTWOOD COURTIGROTON AVENUE/NYS ROUTE 281 SEWER IMPROVEMENT PROTECT Motion by Councilman O'Donnell Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED WHEREAS, per Resolutions #28, 29, and 38 of 2001 the Town Board authorized Bonding for the Page Green Road Water and Sewer Improvement Projects and Crestwood Court/Groton Avenue/NYS Route 281 Sewer Improvement Project, and WHEREAS, due to rising costs, the Town Engineer has requested an additional $150,000 to complete said projects, therefore BE IT RESOLVED, the Town Board does hereby authorize and direct the Town Attorney to proceed with additional Bonding Resolutions for Page Green Road Water and Sewer Improvement Projects and Crestwood Court/Groton Avenue/NYS Route 28.1 Sewer Improvement ;Project. Attorney Folmer continued: Contract with Clough, Harbour & Associates: Attorney Folmer stated the contract with Clough, Harbour & Associates concerning the Renaissance drainage issue is in proper form and appropriate to sign. Proposed Park for Start- Road: Attorney Folmer stated James Thrasher from Clough, Harbour & Associates apprised him that the City of Cortland has signed their portion of the Clough, Harbour & Associates consulting agreement for the proposed new park on Starr Road. In answer to Councilman Rocco's question regarding applications for construction along Routes 281 and 13, Attorney Folmer explained any completed applications made before the moratorium is in effect, must be accepted. Attorney Folmer stated a Public Hearing must be held before the Local Law on the moratorium can be adopted. Attorney Folmer explained to the Board why proper wording for the Local Law is imperative. If the Board members send their suggestions and comments to Attorney Folmer no later than June 25`' he will attempt to have the Local Law ready and a Public Hearing notice published for the Town Board meeting on July 5, 200L. The Local Law becomes effective after it is filed with the State. Parking complaint by Accountant Bob Kashdin: Attorney Folmer was contacted by Bob Kashdin who owns an accounting business next to the town's Citizen's Park on Route 281. Mr. Kashdin made a complaint regarding his parking lot being utilized by people gaining access to the Citizen's Park through the gate located between his parking lot and the park. This often makes it difficult for his clients to find parking space. Attorney Folmer requested that a Board member speak with Mr. Kashdin to work towards a solution. Councilman Testa stated he would work with Mr. Kashdin. Councilman O'Donnell made a motion seconded by Councilman Pilato, to receive and file correspondence from NYS DOT regarding the proposed retail development on NYS Route 13. All voting aye, the motion was carried. This correspondence was in regards a Traffic Impact Study submitted by Mark Gregory, P.E. of Transportation Concepts to the NYS DOT. 20 2001 TOWN BOARD EETING PAGE 7 15 3 JUKE ARD M Councilman O'Donnell made a motion seconded by Councilman Rocco, to receive and file correspondence from McGraw Village Recreation Committee Chairman, Daniel Bilodeau regarding the construction of a new playing field and walking trail in the Village of McGraw. All voting aye, the motion was carried. RESOLUTION #126 AUTHORIZE USE OF TOWN EQUIPMENT TO ASSIST WITH CONSTRUCTION OF A NEW PLAY FIELD AND WALKING PATH IN THE VILLAGE OF MCGRAW Motion by Councilman O'Donnell Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED WHEREAS, a request has been received from Daniel Bilodeau, McGraw Recreation Committee Chairperson for the town's assistance with the construction of a new play field and walking trail located in the Village of McGraw, and WHEREAS, the Town Highway Superintendent approved said request, therefore BE IT RESOLVED, the Board does hereby authorize and direct the Town Highway Department use of town equipment to assist with the construction of a new play field and walking path in the Village of McGraw. Privilege of the floor was offered to Alderman Trish Hansen. City of Cortland Alderman Trish Hansen spoke of a resolution before the City Council concerning Cortland County relocating county offices outside the City of Cortland. The voting on this resolution was postponed until their July 17, 2001 meeting. Alderman Trish Hansen explained to the Board that Cortland County is still looking to buy property and move the Social Services office out of the County Office Building. A discussion was held between Alderman Hansen and the Board concerning possible repercussions of the county's action. City Council concerns are the county is not looking at the over all picture. Alderman Hansen explained the resolution written by Administration and Finance Director, Andrew Damiano and herself concerning properties removed from the tax rolls by the county. This resolution was written with the expectation of sending a message to the county. They will also write letters to the other municipalities explaining their concern. Councilman O'Donnell made a motion seconded by Councilman Testa, to receive and file correspondence from City of Cortland Alderman, Trish Hansen to Cortland County Legislature, Chairman of Building and Grounds Committee, Mary Contento. All voting aye, the motion was carried. Alderman Hansen's correspondence was regarding the county's decision to vote on the purchase of a building on Bennie Road for Social Service offices. Councilman O'Donnell made a motion seconded by Councilman Testa, to receive and file correspondence from City of Cortland Alderman, Trish Hansen to Town Supervisor Raymond Thorpe. The letter was in -regards to a resolution to Cortland County Legislature concerning the removal of properties from the tax rolls. All voting aye, the motion was carried. Councilman O'Donnell made a motion seconded by Councilman Testa, to receive and file correspondence from Cortland County Legislator Mary Contento to City of Cortland Alderman, Trish Hansen. All voting aye, the motion was carried. Legislator Contento's correspondence was in response to Alderman Hansen's previous correspondence. 151 JUNE 20, 2001 TOWN BOARD MEETING PAGE RESOLUTION #127 ADOPT RESOLUTION REGARDING PROPERTIES REMOVED FROM THE TAX ROLL BY THE COUNTY OF CORTLAND FOR PURPOSE OF RELOCATION OF COUNTY GOVERNMENT OFFICE Motion by Councilman Rocco Seconded by Councilman Testa VOTES: ALL AYE ADOPTED WHEREAS, the City of Cortland and the other municipalities located in Cortland County fully understand the need for county government to assess its facilities needs from time to time, and - . WHEREAS, it is understood that the demands placed upon all levels of government often result in the need to move or expand operations; and WHEREAS, when communities are struggling to keep their tax rates as low as possible, the removal of properties from the tax rolls to facilitate the acquisition by the County of properties which formerly generated tax revenues, becomes a burden to the entire tax paying public in the host community, and WHEREAS, because of the concerns such lost revenue has on the average taxpayer that the following is proposed, therefore BE IT RESOLVED, Effective this date any properties removed from the tax rolls by the county for the purpose of relocating or introducing a county operation will result in a reimbursement to the host community of an amount equivalent to the taxes which would have generated had the property remained on the tax rolls. The county's reimbursement will be in the form of an additional allocation of sales tax revenue to the host community from the county's share. The amount will vary each year depending upon the host community's real property tax rate and will be calculated based upon the assessed value of the property at the time of the county's purchase. Councilman O'Donnell made a motion seconded by Councilman Pilato, to receive and file correspondence from Senator James Seward regarding the CHIPS funding program. All voting aye, the motion was carried. Councilman Testa made a motion seconded by Councilman O'Donnell, to receive and file correspondence from Thoma Development regarding a potential grant application. All voting aye, the motion was carried. RESOLUTION #128 REFER AQUIFER PROTECTION PERMIT APPLICATION SUBMITTED BY UKRANIAN PENTECOSTAL CHURCH TO TOWN AND COUNTY PLANNING BOARDS FOR THEIR REVIEW AND RECOMMENDATIONS Motion by Councilman Pilato Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Aquifer Protection Permit application submitted by Ukranian Pentecostal Church for property located at 737 McLean :Road, owner 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. JUNE 20, 2001 TOWN BOARD MEETING PAGE 9 155 RESOLUTION #129 AUTHORIZE COMPLETION OF PROBATION PERIOD FOR DEPUTY COURT CLERK / DEPUTY TOWN CLERK, PAMELA J. BASSETT EFFECTIVE JULY 1 2001 Motion by Councilman Rocco Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED WHEREAS, per Resolution #209 of 2000, the position of Deputy Court Clerk/Deputy Town Clerk was filled by Pamela J. Bassett and she has completed the required six months probation period, therefore BE IT RESOLVED, pursuant to the Town Personnel Policy, her annual salary shall be increased by $300.00 effective July 1, 2001. RESOLUTION #130 AUTHORIZE REQUEST TO REDUCE SPEED LIMIT AT THE INTERSECTION OF PENDLETON STREET AND SAUNDERS ROAD TO THE AHRENS ROAD Motion by Councilman Testa Seconded by Councilman.0'Donnell VOTES: ALL AYE ADOPTED WHEREAS, a request was received to reduce the speed limit to 35 mph from the intersection of Saunders Road and Pendleton Street to the Ahrens Road, a road within the Town, therefore BE IT RESOLVED, the Town Board does hereby authorize and direct this request be sent to NYS DOT for approval, via the County Highway Supt. for their input, as required. Councilman Pilato made a motion seconded by Councilman O'Donnell, to receive and file correspondence regarding the Draft Scope for the Environmental Impact Statement for Rerob, LLC. All voting aye, the motion was carried. Councilman Pilato made a motion, seconded by Councilman O'Donnell, to recess the Regular Meeting to an Executive Session to regarding pending litigation. All voting aye, the motion was carried. The meeting was recessed at 6:15 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 Pilato, to adjourn the Regular Meeting. All voting aye, the motion was carried. The meeting was adjourned at 7:00 p.m. Res ctfully submitted, Karen Q. Snyder Town Clerk Town of Cortlandville