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.
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JUNE 20, 2001 TOWN BOARD MEETING PAGE 3 19 7
Supervisor Thorpe offered privilege of the floor to Bernie Thoma.
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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.
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_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.
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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