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HomeMy WebLinkAbout07-11-2001158 JULY 11, 2001 7:00 P.M. TOWN BOARD MEETING 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, Town Engineer, Hayne Smith; SPCA Director and board member, Sara Knoble and Ray Dunnigan; Robert Richardson, G. DeVincentis & Sons Construction Company, Inc. representatives, Toni G. DeVincentis, Joe DeVincentis, Tom Roney and Attorney Harvey Mervis; Chuck Feiszli of Resource Associates; Town Residents, Marian Withey, Thomas Kanalley and Glen Goldwyn; and News Reporter, Chris Nolan. Supervisor Thorpe called the meeting to order. RESOLUTION #132 AUTHORIZE PAYMENT OF VOUCHERS - JULY Motion by Councilman O'Donnell Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED BE IT RESOLVED, the vouchers submitted have been audited and shall be paid as f ollows: General Fund A Vouchers #310 -343 $22,997.84 General Fund B 56 - 69 $11,100.97 Highway Fund DB 247 -269 $14, 324.41 Water Fund 146 -154 $ 1,561.41 Sewer Fund 91 - 97 $ 7,279.48 Capital Projects 28 - 30 $38,413.96 Supervisor Thorpe offered privilege of the floor to those in attendance. Councilman Rocco introduced SPCA Director, Sara Knoble. He explained that Councilmen O'Donnell, Testa and himself attended the SPCA's annual fund raising drive. Councilman Rocco requested Mrs. Knoble apprise the Board of her work at the SPCA and their congested parking problem. In an effort to relieve this situation, Councilman Rocco suggested and demonstrated possibly widening the driveway into a one-way U shape from McLean Road around the SPCA's building and back onto McLean Road. Attorney Folmer stated several problems occur with the town taking on this project. The town cannot use public funds for the benefit of private property. Attorney Folmer stated there is little distinction between a residential property and a not -for -profit organization. He has contacted the Association of Towns for information and hopes to have an answer by August I". Attorney Fohner is still investigating a method to assist the SPCA with their driveway and should have an answer by the first Board meeting in August. If there is a way for the town to help, they will. The Board recommended that for code issues concerning the reconstruction of their driveway, the SPCA should contact Code Enforcement Officer, Bruce Weber. The Board thanked the SPCA for attending tonight's meeting. 1 1 1 Supervisor Thorpe again offered privilege of the floor to Attorney Harvey Mervis. JULY 11, 2001 TOWN BOARD MEETING PAGE 2 1,59 Attorney Harvey Mervis introduced himself as representing G. DeVincentis & Sons Construction Company, Inc. Attorney Folmer apprised Attorney Mervis that an Executive Session is to be held following tonight's meeting to discuss the G. DeVincentis & Sons Construction Company's contract with the town. Monthly reports for the Supervisor, Town Clerk for June 2001 and the Justice for April, May and June 2001, are on the table for review and filed in the Town Clerk's office. Town Clerk, Karen Snyder, apprised the Board of a communication she received from the Cortland County SPCA thanking the Board for allowing them to speak at the Town Board meeting regarding then ABC (Animal Birth Control) Committee and spay/neuter clinic. They also requested consideration be given for their clinic when planning the town budget for the next fiscal year. Councilman O'Donnell, made a motion, seconded by Councilman Testa, to receive and file a letter from Timothy Phillips of DUCA & Phillips, Inc., advising of their intent to renew their liquor license at the Rusty Nail, 3993 West Road, Cortland, New York. All voting aye, the motion was carried. Attorney Folmer reported: Attorney Folmer requested an Executive Session following tonight's Board meeting to discuss a contractual matter. Notices for four Public Hearings: Attorney Folmer apprised the Board notices for four Public Hearings scheduled for the July 18, 2001 meeting will be published Thursday night, three Aquifer Protection Permit Applications and the proposed Local Law Moratorium for Route 281 and 13 corridor. The Board has copies of the draft for the proposed Local Law. Additional Bond funding: Attorney Folmer stated he has proceeded with the steps necessary to acquire the additional funds needed to proceed with the pending water and sewer improvement projects and he will have the paperwork at the next Board meeting on August 18''. Small claim pending: A small claim is pending in the City Court regarding an allegation concerning property damage accident on a county road. The town's insurance company is handling the claim. Highway Sup't. Bush is aware of the situation. The insurance company should not be too involved as the court should fund it is without jurisdiction. No notice of claim was filed. This is a county road not a town road. More information will be available next week. Revision of the Moratorium Local Law: Attorney Folmer distributed and explained the revision for the Moratorium Local Law. Attorney Folmer defined the northerly town line near Exit 12 of Route 81 and the southerly town line on Route 13. The time frame for the moratorium was revised from six months to eight months to allow for the length of time that it takes to produce the study of Route 281 and 13 corridor. The remainder of the draft remains the same. Also attached to the revision are notes from Attorney Folmer concerning comments from the Town Board and Planning Board members, Katherine Wickwire and Nick Renzi. Attorney Folmer reiterated the Public Hearing is scheduled for July 18t''. It will be published in the Cortland Standard and posted by Town Clerk, Karen Snyder. Supervisor Thorpe, as requested, read aloud a letter from Douglas Withey of 447 Hoy Road. The letter opposes John Delvecchio proposed nineteen -lot development on Hoy Road. J-60 JULY 11, 2001 TOWN BOARD MEETING PAGE 3 Marion Withey stated she is representing her husband and herself tonight. Mrs. Withey explained they had taken this letter with 24 signatures to the Town Planning Board explaining the residents of Hoy Road are upset at the nineteen -lot development proposed for Hoy Road by Developer John DelVecchio. Other houses have already gone in. This proposal will bring the total to 24. Mrs. Withey explained one concern is with the size of the one -acre lots Mr. DelVecchio has built these houses on. The residents feel three -acre lots would be preferable. Another concern is the water issue. The Withey's have rights to a 12 foot deep spring on Mr. DelVecchio's properly since approximately 1927. Nine new houses are proposed to be built behind the Withey's home and will run into this spring. A new well would be needed. Mrs. Withey expressed concern thatthe well would be polluted in 20 years also the increase of traffic. Hoy Road at this time is not in good condition. With the additional 24 houses traffic would triple. Supervisor Thorpe stated that Mr. DelVecchio's Sub -Division Phase I proposal was postponed at the Planning Board meeting of May 29, 2001. The applicant has rescheduled it for the July 31, 2001 meeting, pending additional inf ormation. Councilman Rocco stated he attended that Planning Board meeting. There were concerns with perk tests due to a heavy concentration of clay in the area. Councilman Rocco added now that the town is in the planning stages to extend sewer from the Rusty Nail Restaurant to the Highland Road area. The proposed development on Hoy Road could cause the town to extend even farther at the taxpayer expense. This situation occurs frequently with the continued growth of the town. In answer to the lot size question, Supervisor Thorpe stated changing the lot size would require a complete reworking of the zoning ordinance. Attorney Folmer understood the Planning Board was going to insist that a developer include a provision f or water and sewer in the development plan and then dedicate it to the town. The lines would then become the town's responsibility to maintain. Supervisor Thorpe stated he has no sympathy for developers whom eventually requires the town to bail them out of water and sewer problems. Developers should at their expense, take responsibility for the water and sewer costs. Then include those costs in the sale of their lots. At the present time there is no restriction to force this requirement. As long as the Health Department. determines that the drainage is adequate and the property is properly zoned, the town is caught in the middle. A discussion was held regarding the concerns of the proposed lots being very narrow and close proximity of the septic systems. Councilman Rocco stated the Planning Board did express a concern regarding the lots being narrow. Attorney Folmer inquired if the Town Planning Board had received a report from the County Planning Board. He stated that if a General Municipal Law referral was made to the County Planning Board it is unusual for the Town Planning Board to take any action without recommendations from the county. If a local board chooses to go against the County Planning Board's recommendations each Board member must vote their approval. Supervisor Thorpe recommended the residents attend that meeting. Mrs. Withey stated they attended tonight's meeting mainly to make the Town Board aware of the situation. Glen Goldwyn of 681 Hoy Road, inquired if an automatic notification of the neighbors in an area effected could be made when an original sub -division proposal is filed. Residents could be more informed of the circumstances if they are notified. Attorney Folmer explained the requirement that notices of Public Hearings are posted in the newspaper. The notification system adopted by the town is based on mandates on the Planning and State statutory and regulatory requirements. In the last three years the Planning Board has increased their awareness of overall plans for development rather than piecemeal to avoid unwanted development. There are specific notification requirements of neighbors involved that deal with zoning changes but not planning changes. Mrs. Withey stated no one in the neighborhood was aware of the Public Hearing. They learned of Mr. DelVecchio's plans for a development by accident due to being at a Planning Board meeting for an unrelated issue. The Withey's had expressed concern at the meeting that Mr. DelVecchio may build other houses than the 24 proposed. Mr. DelVecchio stated he did not intend to build 25 houses as the State would require water and sewer be installed. 1 1 1.61. JULY 11, 2001 TOWN BOARD MEETING PACE 4 Councilman Testa explained the expense to the town for installing water and sewer especially to an area as Highland Road. That project has been under consideration for seven to eight years. Thomas Kanalley of 676 Hoy Road, stated when he moved to the area it was an Agricultural District. At that time the limit was a five -acre lot. Supervisor Thorpe explained the Zoning Ordinance was revised by Local Law and changed to one -acre lots. If Mr. Kanalley had any further questions he may want to speak with Zoning Officer, Bruce Weber. The Board thanked the Hoy Road residents for coming. Councilman Rocco made a motion seconded by Councilman Testa, to receive and file correspondence from Douglas Withey of Hoy Road. All voting aye, the motion was carried. Mr. Withey expressed his opposition to the proposed nineteen -lot development project on Hoy Road. Councilman O'Donnell made a motion seconded by Councilman Rocco, to receive and file recommendations of the Cortland County Planning Board regarding Aquifer Protection Permit application of Economy Paving Co. Inc. All voting aye, the motion was carried. Councilman Testa made a motion seconded by Councilman Pilato, to receive and file recommendations of the Cortland County Planning Board regarding Aquifer Protection Permit application of the Ukrainian Pentecostal Church. All voting aye, the motion was carried. Councilman Testa made a motion seconded by Councilman O'Donnell, to receive and file the intersection study of Saunders Road, Pendleton Street and Pendleton Street Extension from Cortland County Highway Department. All voting aye, the motion was carried. According to their study the Cortland County Highway Department determined no improvements or changes in signage and controls are necessary at this time. Councilman Rocco made a motion seconded by Councilman O'Donnell, to receive and file correspondence from Attorney Folmer to A2,torney William Pomeroy regarding the Ambrose/Hoffmann '1x�ater Line. All voting aye, the motion was carried. Attorney Folmer stated in his letter after the Board discussed the water line situation they did not alter their position. RESOLUTION #133 AUTHORIZE SUPERVISOR TO TRANSFER $2,650.00 FROM THE SEWER FUND SURPLUS TO THE CAPITAL PROJECT SEWER ACCOUNT Motion by Councilman O'Donnell Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED WHEREAS, the Bookkeeper has requested a cash advance be transferred from the Sewer Fund Surplus to the Capital Project Sewer Account for the Highland Road Sewer Project, therefore BE IT RESOLVED, the Supervisor is hereby authorized and directed to transfer $2,650.00 from the Sewer Fund Surplus to the Capital Project Sewer Account, and it is further Y, RESOLVED, the Sewer Fund Surplus will be replenished when these projects are bonded. 1-62- JULY 11, 2001 TOWN BOARD MEETING PAGE 5 RESOLUTION #134 AUTHORIZE SUPERVISOR TO TRANSFER $2,187.50 WITHIN THE TOWN CLERK'S CONTRACTUAL ACCOUNT Motion by Councilman O'Donnell Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED WHEREAS, the Bookkeeper has requested a transfer of monies within the Town Clerk's contractual account for a new software program needed in the Town Clerk's office, therefore BE IT RESOLVED, the Supervisor is hereby authorized and directed to transfer budgeted monies within the Town Clerk's contractual account as follows: FROM TO AMOUNT A1410.2 A1410.4 $2,187.50 Councilman O'Donnell made a motion seconded by Councilman Testa, to receive and file correspondence from Attorney Folmer to G. DeVincentis & Son Construction Co., Inc. All voting aye, the motion was carried. Attorney Folmer correspondence was notification of the Town Board's decision to terminate G. DeVincentis & Son Construction Co.'s contract for Page Green Road, Crestwood Court/ Groton Ave, and NYS Route 281 Water and Sewer Project for failure to commence work on July 2, 2001 as required. The termination is effective July 16, 2001. Councilman O'Donnell made a motion seconded by Councilman Pilato, to receive and file correspondence from Water and Sewer Sup't., Peter Alteri regarding the Cortlandville Fire Department hosting a Community Day. All voting aye, the motion was carried. Councilman Rocco made a motion seconded by Councilman O'Donnell, to receive and file the Cortland County Legislature's resolution supporting the town's resolution requesting the NYS DOT to do traffic studies on Lime Hollow Road, Gracie Road, Fairview Drive, Luker Road, and McLean Road now and during the reconstruction of Routes 13 and 281. All voting aye, the motion was carried. Councilman Rocco made a motion seconded by Councilman O'Donnell, to receive and file correspondence from Barry Stevens of NYS DOT to Walter Priest Executive Director of the Eight County Physicians Organization. All voting aye, the motion was carried. Mr. Stevens stated, based on review, the NYS DOT determined a traffic light at Route 281 and Commons Ave. is not appropriate at this time. The Board expressed their disapproval at the DOT's response and discussed the Supervisor forward a letter to the DOT expressing their extreme displeasure. RESOLUTION #135 REAPPOINT DAVID W. BRIGGS AS TOWN ASSESSOR FOR A SIX YEAR TERM Motion by Councilman Testa Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby authorize the reappointment of David W. Briggs as Town Assessor for a six -year term effective October 01, 2001 and shall expire September 30, 2007. LJ 163 JULY 11, 2001 TOWN BOARD MEETING PAGE 6 Councilman Rocco made a motion seconded by Councilman Pilato, to receive and file correspondence from Clough, Harbour & Associates, LLP. regarding the town's Comprehensive Transportation and Land Use Plan for Routes 281 and 13 corridor. All voting aye, the motion was carried. RESOLUTION #136 SCHEDULE PUBLIC HEARING FOR AQUIFER PROTECTION PERMIT APPLICATION SUBMITTED BY MARCY EXCAVATION CO. FOR PROPERTY LOCATED ON HEATH ROAD Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, a Public Hearing shall be scheduled for July 18, 2001 at 5:00 p.m. for an Aquifer Protection Permit application submitted by Marcy Excavation Co. for property located on Heath Road, tax map #79.00-01-02.100. RESOLUTION #137 SCHEDULE PUBLIC HEARING FOR AQUIFER PROTECTION PERMIT APPLICATION SUBMITTED BY THE UKRANIAN PENTECOSTAL CHURCH FOR PROPERTY LOCATED ON MCLEAN ROAD Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, a Public Hearing shall be scheduled for July 18, 2001 at 5:00 p.m. for an Aquifer Protection Permit application submitted by the Ukranian Pentecostal Church for property located on McLean Road, tax map #95.00-01- 23.100. RESOLUTION #138 SCHEDULE PUBLIC HEARING FOR AQUIFER PROTECTION PERMIT APPLICATION SUBMITTED BY ECONOMY PAVING FOR PROPERTY LOCATED 1819 NYS ROUTE 13 Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, a Public Hearing shall be scheduled for July 18, 2001 at 5:00 p.m. f or an Aquifer Protection Permit application submitted by Economy Paving f or property located at 1819 NYS Route 13, tax map #77.00-01-33.00. RESOLUTION #139 SCHEDULE PUBLIC HEARING FOR LOCALLAW-2001 MORATORIUM Motion by Councilman Testa Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED, a Public Hearing shall be scheduled for July 18, 2001 at 5:00 p.m. for Local Law-2001 Moratorium on development of Route 281 and 13 corridor. 161 JULY I t, 2001 TOWN BOARD MEETING PAGE 7 RESOLUTION #140 AUTHORIZE HIRING STEVE ABENDSCHEIN TO ASSIST TOWN ENGINEER WITH THE CRESTWOOD COURT SEWER PROJECT Motion by Councilman Testa Seconded by Councihnan Rocco VOTES: ALL AYE ADOPTED WHEREAS, the Town Engineer has requested hiring a Cornell University student to assist with the Crestwood Court Sewer Project, therefore BE IT RESOLVED, the Town Board does hereby authorize the hiring of Steve Abendschein of 105 Dryden Road, Ithaca, NY, from June 29, 2001 to August 22, 2001 as temporary help to assist the Town Engineer- with the Crestwood Court Sewer Project, and it is further RESOLVED, the wage to be paid shall be $10.00 per hour. Councilman Testa made a motion, seconded by Councilman Rocco, to recess the Regular Meeting to an Executive Session to discuss a personnel matter. All voting aye, the motion was carried. The meeting was recessed at 7:50 p.m. The following information was received from the Supervisor's office. Councilman Testa 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 #141 AUTHORIZE ADHERRING TO TERMINATION NOTICE SERVED TO G. DEVINCENTIS & SONS CONSTRUCTION COMPANY, INC. FOR THE PAGE GREEN ROAD, CRESTWOOD COURT/GROTON AVE. AND NYS ROUTE 281 WATER AND SEWER IMPROVEMENT PROJECTS Motion by Councilman O'Donnell Seconded by Councilman Pilato VOTES: ALL AYE ADOPTED WHEREAS, per Resolution #131 of 2001 the Town Board authorized a termination notice be served to G. DeVincentis & Sons Construction Company, Inc. regarding their signed contract with the town for Page Green Road, Crestwood Court/Groton Ave. and NYS Route 281 Water and Sewer Improvement Projects, and WHEREAS, a discussion was duly held with the Board and G. DeVincentis & Sons Construction Company, Inc. regarding failure to commence work on July 2, 2001 as said signed contract indicated, therefore BE IT RESOLVED, the Town Board does hereby authorize adhering to the notice served terminating the contract with G. Devincentis & Sons Construction Company, Inc. for the Page Green Road, Crestwood Court/Groton Ave. and NYS Route 281 Water and Sewer Improvement Projects, effective July 16, 2001. Councilman Pilato made a motion, seconded by Councilman Rocco, to adjourn the Regular Meeting. All voting aye, the motion was carried. The meeting was adjourned at 8:50 p.m. 4Reectfully submitted, Q. Snyder Town Clerk Town of Cortlandville