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HomeMy WebLinkAbout10-03-2001OCTOBER 03, 2001 TOWN BOARD MEETING 7:00 P.M. 1 1 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: Absent: Supervisor, Raymond Thorpe Councilman, Theodore Testa Councilman, Edwin O'Donnell Councilman, Ronal Rocco Town Clerk, Karen Q. Snyder Councilman, John Pilato Others present were: Town Attorney, John Folmer; Highway Sup't., Carl Bush: Water and Sewer Sup't, Peter Alteri, Town Planning Board member, Nick Renzi; James Trasher of Clough, Harbour & Associates, Dick Schutz, Suit-Kote Corp.; Ann Hotchkin, Thoma Development; Doug Reese, Al Storage Company; Realtor, Robert Ferris; town residents, Muriel and Donald Osbeck: and News Reporter, Chris Nolan. Supervisor Thorpe called the meeting to order. RESOLUTION #192 AUTHORIZE PAYMENT OF VOUCHERS- OCTOBER Motion by Councilman Rocco Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, the vouchers submitted have been audited and shall be paid as follows: General Fund A Vouchers #455 -510 $ 20,641.36 General Fund B 93 -101 $ 22,215.05 Highway Fund DB 374 -393 $ 95,041.79 Water Fund 216 -225 $ 1,841.55 Sewer Fund 141 -143 $ 828.80 Capital Projects 44 - 46 $140,085.04 Supervisor Thorpe offered privilege of the floor to those in attendance. Monthly reports for the Supervisor and Town Clerk for September 2001, are on the table for review and filed in the Town Clerk's office. RESOLUTION #193 ACKNOWLEDGE RECEIVING 2002 TENTATIVE BUDGET Motion by Councilman Testa Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Clerk received the 2002 Tentative Budget on September 28, 2001, and has presented it to Town Board members, in accordance with Town Law. Supervisor Thorpe stated that a workshop for the budget needs to be scheduled. The Board decided to meet on October 11, 2001 at 5:00 p.m. Z Z 2- OCTOBER 3, 2001 TOWN BOARD MEETING PAGE 2 Attorney Folmer reported: Renaissance Drainage project: Attorney Folmer staled he received the map description on the Renaissance Drainage project. He has forwarded this to Clough, Harbour & Associates for their review. Attorney Folmer requested that Clough, Harbour & Associates prepare a map with only the perimeter of the area so when it is filed the perimeter of the drainage easement is clearer. Attorney Folmer has prepared a draft of an agreement for the granting of the easements. After review by Highway Sup't. Carl Bush, Attorney Folmer will f orward the agreement to James Trasher of Clough, Harbour & Associates to schedule a date with the residents involved to meet and sign the agreement. The residents will have time before the scheduled meeting to review the agreement and ask questions or provide comments. After the required signatures are obtained the easements and map can be filed. Planning Board member, Nick Renzi inquired into the letter being sent to the residents by Clough, Harbour & Associates. Attorney Folmer's letter is also included so the residents understand the easements are coming from the town. Bonds for Crestwood Court and Page Green Road projects: Attorney Folmer explained permissive referendum for the three bonds was published September 26, 2001. After the thirty -day waiting period the three bonds can be finalized. Highland Road Sewer Improvement Project: Attorney Folmer apprised the Board upon completion of the town's debt statement the town can apply to the State Comptroller for construction of the Highland Road Sewer project scheduled for 2002 and 2003. Attorney Folmer verified with the Comptroller's office that the format used for the Route 215 Water Tank project has not changed. The Comptroller's office also forwarded copies of the State's regulations. Attorney Folmer spoke with Town Engineer, Hayne Smith regarding the sizeable amount of money involved with the Highland Road project. They discussed the possibility of borrowing money in both 2002 and 2003 to avoid additional interest. Attorney Folmer will follow up with the State Comptroller when the application is made in an effort to save interest. Pending Arbitration: The American Arbitration Board informed Attorney Folmer that Robert Basso an attorney from Syracuse would be the arbitrator for the pending litigation with contractors, G. DeVincentis and Son Construction Co. Inc. Attorney Folmer spoke with Attorney Basso and Attorney Philip Cramer, representing the contractors, regarding the pending arbitration proceeding, scheduled for November 13, 2001 and if necessary November 14'. Supervisor Thorpe offered privilege of the floor to Ann Hotchkin. Ann Hotchkin of Thoma Development explained a problem that has arisen with the town's application to the State regarding the grant for the proposed Community Park on Starr Road. The applicant must have an ownership interest in the property applied for, in the grant. Cortlandville as the applicant has ownership interest in Starr Road but does not have ownership interest in the Saunders Road property owned by the City of Cortland. The State informed Ms. Hotchkin of several options available to the town. The most beneficial option being an intermunicipal agreement between the City of Cortland and the town. The agreement is required by the State to ensure that the town will keep the designated land as parkland. Also, who will maintain the park? The City of Cortland Common Council approved an intermunicipal agreement drafted if the grant is approved. Ms. Hotchkin is requesting a resolution from the town agreeing to sign the intermunicipal agreement. Attorney Folmer read aloud the letter written by Ms. Hotchkin required by the State for the town's approval. He recommended the Board authorize the Supervisor to sign this letter and enter into an intermunicipal agreement upon approval of the grant. 1 1 1 OCTOBER 3 2001 TOWN BOARD MEETING PAGE 3 Z23 RESOLUTION #194 AUTHORIZE SUPERVISOR TO SIGN AND SUBMIT LETTER TO THE NEW YORK STATE OFFICE OF PARKS, RECREATION AND HISTORIC PRESERVATION Motion by Councilman O'Donnell Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Supervisor is hereby authorized and directed to sign and submit a letter to the New York State Office of Parks, Recreation and Historic Preservation advising the Town is prepared to enter into an intermunicipal agreement between the Town and the City of Cortland should the Town of Cortlandville's grant application for Environmental Protection Fund/Land and Water Conservation Funds for the Community Park be approved, and it is further RESOLVED, the Town Board of the Town of Cortlandville does hereby understand the critical issues to be addressed in the intermunicipal agreement include a provision for the project sites to remain as designated park lands and a provision for the long term maintenance of the Community Park. Councilman Rocco made a motion seconded by Councilman Testa, to receive and file correspondence from Cortland City School District Superintendent, John E. Lutz. All voting aye, the motion was carried. Mr. Lutz enclosed a certified copy of the resolution adopted by the Cortland City School Board of Education stating its intent to support the City of Cortland and the Town of Cortlandville regarding the proposed Community Park. Councilman Rocco made a motion seconded by Councilman O'Donnell, to receive and file correspondence from Senator James L. Seward to NYS Office of Parks, Recreation and Historic Preservation Commissioner, Bernadette Castro. All voting aye, the motion was carried. Senator Seward stated his support for the town's application for a grant to allow for the development of the proposed Community Park. Councilman Rocco made a motion, seconded by Councilman O'Donnell, to receive and file Cortlandville Fire District Operating Budget for 2002. All voting aye, the motion was carried. Councilman Rocco made a motion seconded by Councilman O'Donnell, to receive and file recommendations of the Cortland County Planning Board regarding Aquifer Protection Permit application of Suit-Kote Corporation. Inc. All voting aye, the motion was carried. Supervisor Thorpe stated the Cortland County Planning Board recommended approval subject to conditions. The Town Planning Board recommended denial. Planning Board member, Nick Renzi stated the Planning Board decided it would be up to the Town Board as Lead Agency to make the final decision. RESOLUTION #195 SCHEDULE PUBLIC HEARING FOR AQUIFER PROTECTION PERMIT APPLICATION SUBMITTED BY SUIT-KOTE CORPORATION FOR PROPERTY LOCATED ON ROUTE 11 Motion by Councilman Rocco Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED, a Public Hearing shall be scheduled for November 7, 2001 at 7:30 p.m. for an Aquifer Protection Permit application submitted by Suit-Kote Corporation for property located on Route 11, tax map #97.00-01-31.000. Z 2- q OCTOBER 3, 2001 TOWN BOARD MEETING PAGE 4 Councilman Rocco made a motion seconded by Councilman O'Donnell, to receive and file recommendations of the Cortland County Planning Board regarding a zone change application of Donald Osbeck. All voting aye, the motion was carried. Supervisor Thorpe stated the Town Planning Board recommended denial of this zone change application from agricultural to business due to spot zoning. The Board discussed the use for the rezone application was in regards to the construction of a storage facility. Attorney Folmer stated that despite the merits of this application the town has a moratorium in place. The town is not to accomplish rezoning in the area of the moratorium until a comprehensive plan for the area has been received. The purpose of the moratorium was to decide the zoning of that area. Attorney Folmer stated he did not feel amending this application to a variance created a new application. The term of a variance is for a hardship that is not self-created. Attorney Folmer explained the granting of rezoning for this properly would be in violation of the town's moratorium ordinance and may conflict with the determinations of the committee preparing the comprehensive plan for that area. Bob Ferris, representing Mr. & Mrs. Osbeck, stated as this application was submitted by the August 1, 2001 deadline he felt it would not be in violation of the moratorium. Mr. Ferris explained the Town Planning Board did not discuss use of the application and were hesitant to make a recommendation due to the moratorium. The Planning Board felt the Town Board should be making the final decision. Planning Board member Renzi stated another problem with changing the proposed zone to business was the possibility of another gas station being built. Mr. Ferris explained the intended use of storage for the proposed zone change is low intensity. The proposed zone change is for approximately twenty acres of the original 79-acre parcel along Route 13. A sub -division is also being requested. Attorney Folmer reiterated the purpose of the moratorium was to allow a comprehensive plan to be accomplished. The moratorium is in place for an eight - month period. This application was received on August I' and the Board may act on it. If it is granted the Board will be in violation of the moratorium. Whether or not the Osbeck request is appropriate is not the issue. The Board may hold a Public Hearing without acting and wait f or the determinations of the comprehensive plan. Councilman Rocco stated he understands the Osbeck's situation. It's difficult as a councilman and for the Board to restrict use of personal property. Doug Reese of All -Storage Company and Attorney Folmer discussed applying for a use variance. Attorney Folmer stated that reason a variance is to grant relief when the strict application of the zoning ordinance causes hardship, that is not self-created, to the owner. He explained a variance could be one way for the applicant to proceed. The Zoning Board of Appeals could act in regards to the variance. Councilman Rocco made a motion, seconded by Councilman O'Donnell, to recess the Regular Meeting to an Executive Session to discuss potential property acquisition negotiations. All voting aye, the motion was carried. The meeting was recessed at 7:35 p.m. The f ollowing inf ormation was received from the Supervisor's office. Councilman O'Donnell made a motion, seconded by Councilman Testa, to adjourn the Executive Session and reconvene to the Regular Meeting. All voting aye, the motion was carried. No action was taken. OCTOBER 3, 2001 TOWN BOARD MEETING PAGE 5 ZZ5 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 7:56 p.m. 1 1 ia sectfully submitted, ren Q. Snyder Town Clerk Town of Cortlandville