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HomeMy WebLinkAbout10-17-2001Z26 OCTOBER 17, 2001 TOWN BOARD MEETING 5:00 P.M. 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, John Pilato Town Clerk, Karen Q. Snyder Absent: Councilman, Ronal Rocco Others present were: Town Attorney, John Folmer; Highway Sup't., Carl Bush; Water and Sewer Sup't, Peter Alteri; James Trasher of Clough, Harbour & Associates; Village of Homer Recreation Director, Jeff Lewis; Architect, Karl Wendt; and town resident, 'Wilma Puderbaugh. Supervisor Thorpe apprised the Board that Highway Sup't., Carl Bush has requested an Executive Session following tonight's meeting to discuss a personnel matter. Supervisor Thorpe called the meeting to order. Councilman O'Donnell made a motion, seconded by Councilman Testa, to approve the Town Board Minutes of May 2, 2001, as written. All voting aye, the motion was carried. Councilman Testa made a motion, seconded by Councilman Pilato, to approve the Town Board Minutes of May 16, 2001, as written. All voting aye, the motion was carried. Councilman Pilato made a motion, seconded by Councilman O'Donnell, to approve the Town Board Minutes of June 6, 2001, as written. All voting aye, the motion was carried. Councilman O'Donnell made a motion, seconded by Councilman Testa, to approve the Town Board Minutes of July 2, 2001, as written. All voting aye, the motion was carried. Councilman O'Donnell made a motion seconded by Councilman Testa, to receive and file Town Planning Board Minutes of June 26, 2001. All voting aye, the motion was carried. Councilman Testa made a motion seconded by Councilman O'Donnell, to receive and file Town Planning Board Minutes of July 31, 2001. All voting aye, the motion was carried. Councilman Pilato made a motion seconded by Councilman O'Donnell, to receive and file Zoning Board of Appeal Minutes of June 26, 2001. All voting aye, the motion was carried. Councilman Testa made a motion seconded by Councilman O'Donnell, to receive and file Zoning Board of Appeal Minutes of July 31, 2001. All voting aye, the motion was carried. OCTOBER 17, 2001 TOWN BOARD MEETING PAGE 2 RESOLUTION #196 AUTHORIZE PAYMENT OF VOUCHERS - ZZ7 Motion by Councilman O'Donnell 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 #511 -529 $ 17,212.61 General Fund B 102 -108 $ 5,878.35 Highway Fund DB 394 -413 $ 67,465.90 Water Fund 226 -237 $ 9,831.69 Sewer Fund 144 -149 $ 1,297.07 Capital Projects 47 - 50 $ 7,157.75 Supervisor Thorpe offered privilege of the floor to Jeff Lewis. Jeff Lewis from the Village of Homer Recreation Department explained the programs and activities available for youth and adults held through out the year in Homer. Mr. Lewis distributed a graph demonstrating the percentage of area participation in the Homer Recreation summer programs for 2001. The Town of Cortlandville's participation was 9%. Mr. Lewis explained the total cost for the Recreation Department's programs is $33,000. Based on the town's participation, Mr. Lewis is requesting $3,000 from the town in an attempt not to raise the participation fee. Councilman Testa stated money may be available to assist Homer's programs. Supervisor Thorpe stated the town's budget for 2002 is fixed at this time. It could be added to next year's budget. Attorney Folmer stated a Public Hearing would be scheduled for the Preliminary Budget for November 7, 2001. He recommended deciding on Mr. Lewis's request at that time. Mr. Lewis thanked the Board for their time and consideration. Councilman O'Donnell requested privilege of the floor for Mrs. Puderbaugh. Wilma Puderbaugh of 3588 Terrace Road, explained she spoke with the County Sheriff's Department regarding branches from her neighbor Mr. & Mrs. Kean's apple tree coming over on her property dropping apples into her yard. The Kean's did trim the lower branches but the higher branches remain. The Sheriff's Department suggested to Mrs. Puderbaugh that if she was to hire someone to trim the tree she should have something in writing regarding her legal rights. Mrs. Puderbaugh requested the Board provide a statement of her rights. Attorney Folmer explained the Board does not have the ability to provide such a statement. He stated the Sheriff's Department offered good advice and recommended Mrs. Puderbaugh retain legal counsel before trimming the tree. Mrs. Puderbaugh also requested an ordinance restricting residents to keep personal property within ten feet of their property line. Attorney Folmer stated that type of ordinance could not be accomplished and would not be enforceable. The Health Department would respond to a complaint of the existence of a health hazard but an ordinance restricting personal property is not possible. Attorney Folmer explained Mr. & Mrs. Kean have been prosecuted two or three times in the past three years regarding accumulation of materials in their yard. Each time they have taken care of the violation. Attorney Folmer and Code Enforcement Officer, Bruce Weber had discussed other consistent violators. Instead of just warnings they would suggest having the court impose penalties. The town's objective is compliance not punishment but there needs to be consequences. Councilman O'Donnell stated the advisory committee regarding Routes 281 and 13 corridor met with NYS DOT concerning the installation of sidewalks. The NYS DOT is willing to take suggestions into consideration. Councilman O'Donnell suggested the sidewalk should continue to the Village of Homer along the west side of Route 281 and not end at Wheeler Ave. The Board agreed to have Clough Harbour & Associates write a letter to the NYS DOT with the Board's recommendations and have the Board forward it on. ZZ v OCTOBER 17, 2001 TOWN BOARD MEETING PAGE 3 Monthly reports for the SPCA for September 2001, are on the table for review and filed in the Town Clerk's office. Councihman Pilato made a motion, seconded by Councilman O'Donnell to receive and file the 4t' quarter Water and Sewer Report. All voting aye, the motion was carried. Supervisor Thorpe commented the water loss for this quarter is .03%. He stated the Water Department deserved praise for this accomplishment. RESOLUTION #197 SCHEDULE PUBLIC HEARING REGARDING THE 2002 PRELIMINARY BUDGET Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, a Public Hearing is hereby scheduled to be held on November 7, 2001 at 7:00 p.m. regarding the 2002 Preliminary Budget, and further RESOLVED, that 20 copies shall be made available for distribution to the public on October 31, 2001. Supervisor Thorpe stated the town tax rate will increase 20 cents per thousand, the village will increase 18 cents per thousand and the fire tax will increase four cents per thousand. RESOLUTION #198 SCHEDULE DATE TO ADOPT 2002 PRELIMINARY BUDGET AS THE 2002 ADOPTED BUDGET Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board shall adopt. the 2002 Preliminary Budget as the 2002 Adopted Budget on November 21, 2001 at 5:00 p.m. Town Clerk, Karen Snyder, apprised the Board the State received the town's Local Law #5 of 2001 amending Local Law #4 of 2001 on October 9, 2001. The State will forward a letter regarding the filing date. She also apprised the Board the New York State Racing and Wagering is conducting a seminar on Bingo November 20, 2001. The County Sheriff's Department recommended the seminar due to a town being in violation in Cortland County. Any Clerk, Town Board member or organization interested in Bingo or Games of Chance is invited to attend. Town Clerk Snyder stated the Statewide Country Music Park has requested Games of Chance be allowed in Cortlandville. Bingo and Games of Chance are two separate laws. The town did not adopt Games of Chance at the time Bingo was adopted. The Board would need to adopt a local law for Games of Chance to be conducted. Attorney Folmer will investigate procedures for Games of Chance and report back to the Board. RESOLUTION #199 ACCEPT STATEMENT OF COMPLETION FOR NYS ROUTE 13 WATER IMPROVEMENT PROJECT- 2000 Motion by Councilman O'Donnell Seconded by Councilman Pilato VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Statement of Completion for the NYS Route 13 Water Improvement Project-2000 in the amount of $170,745.76, is hereby accepted, and shall be received and filed. 1 OCTOBER 17, 2001 TOWN BOARD MEETING PAGE 4 Z29 RESOLUTION #200 ACCEPT STATEMENT OF COMPLETION FOR SAUNDERS ROAD WATER IMPROVEMENT PROJECT- 1998 Motion by Councilman O'Donnell Seconded by Councilman Pilato VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Statement of Completion for the Saunders Road Water Improvement Project-1998 in the amount of $312,034.36, is hereby accepted, and shall be received and filed. RESOLUTION #201 ACCEPT STATEMENT OF COMPLETION FOR FISHER AVENUE & FAIRGROUNDS DRIVE WATER IMPROVEMENT PROTECT- 1998 Motion by Councilman O'Donnell Seconded by Councilman Pilato VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Statement of Completion for the Fisher Avenue & Fairgrounds Drive Water Improvement Project-1998 in the amount of $168,401.78, is hereby accepted, and shall be received and filed. RESOLUTION #202 ACCEPT STATEMENT OF COMPLETION FOR ROUTE 11 VIADUCT WATER IMPROVEMENT PROJECT- 1997 Motion by Councilman O'Donnell Seconded by Councilman Pilato VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Statement of Completion for the Route 11 Viaduct. Water Improvement Project-1997 in the amount of $278,147.31, is hereby accepted, and shall be received and filed. RESOLUTION #203 ACCEPT STATEMENT OF COMPLETION FOR FISHER AVENUE & FAIRGROUNDS DRIVE SEWER IMPROVEMENT PROJECT- 1998 Motion by Councilman O'Donnell Seconded by Councilman Pilato VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Statement of Completion for the Fisher Avenue & Fairgrounds Drive Sewer Improvement Project-1998 in the amount of $84,838.07, is hereby accepted, and shall be received and filed. RESOLUTION #204 ACCEPT STATEMENT OF COMPLETION FOR ROUTE 11 VIADUCT SEWER IMPROVEMENT PROJECT- 1998 Motion by Councilman O'Donnell Seconded by Councilman Pilato VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Statement of Completion for the Route 11 Viaduct Sewer Improvement Project-1998 in the amount of $207,000.71, is hereby accepted, and shall be received and filed. Z 30 OCTOBER 17, 2001 TOWN BOARD MEETING PAGE 5 RESOLUTION #205 ACCEPT STATEMENT OF COMPLETION FOR HILLSIDE DRIVE & MEADOW LANE SEWER IMPROVEMENT PROJECT- 1997 Motion by Councilman O'Donnell Seconded by Councilman Pilato VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Statement of Completion for the Hillside Drive & Meadow Lane Sewer Improvement Project-1997 in the amount of $202,734.38, is hereby accepted, and shall be received and filed. Councilman O'Donnell made a motion seconded by Councilman Testa, to receive and file County Planning Board recommendations regarding Bestway Enterprises Aquifer Protection Permit application. All voting aye, the motion was carried. The County Planning Board recommended approval subject to conditions. Councilman O'Donnell made a motion seconded by Councilman Pilato, to receive and file County Planning Board recommendations regarding Gutchess Lumber Co. Aquifer Protection Permit application. All voting aye, the motion was carried. The County Planning Board recommended approval. RESOLUTION #206 SCHEDULE PUBLIC HEARING FOR AQUIFER PROTECTION PERMIT APPLICATION SUBMITTED BY BESTWAY ENTERPRISES FOR NOVEMBER 7, 2001 Motion by Councilman O'Donnell Seconded by Councilman Pilato VOTES: ALL AYE ADOPTED BE IT RESOLVED, a Public Hearing shall be scheduled for November 7, 2001 at 7:15 p.m. for an Aquifer Protection Permit application submitted by Bestway Enterprises for property located on 3877 Luker Road, tax map #86.17-0 1 -0 1.000. RESOLUTION #207 SCHEDULE PUBLIC HEARING FOR AQUIFER PROTECTION PERMIT APPLICATION SUBMITTED BY GUTCHESS LUMBER CO. FOR NOVEMBER 7.2001 Motion by Councilman O'Donnell Seconded by Councilman Pilato VOTES: ALL AYE ADOPTED BE IT RESOLVED, a Public Hearing shall be scheduled for November 7, 2001 at 7:15 p.m. for an Aquifer Protection Permit application submitted by Gutchess Lumber Co. for property located on 876 McLean Road, tax map #95.12-01-16.000. Councilman O'Donnell made a motion seconded by Councilman Pilato, to receive and file correspondence from Village of McGraw Mayor, John Fitch. All voting aye, the motion was carried. Mayor Fitch is requesting the Board consider the negative impact another Suit-Kote asphalt plant in Polkville would create. The residents of McGraw have filed complaints with the County Health Department regarding odors. Councilman O'Donnell apprised the Board he had spoken with Dick Schutz of Suit -Kole Corp. regarding Suit-Kote's Aquifer Protection Permit application. Mr. Schutz explained Suit-Kote ran out of material at their batch plant in Homer and needed to transport materials to mix black top. To be more efficient Suit -Kole wants to move their batch plant from Homer to Polkville. The batch plant is a different facility than the existing one in Polkville. Mr. Schutz stated they have never received any complaints regarding odors from the Homer facility. Councilman O'Donnell stated that residents on Carr Hill Road are on the OCTOBER 17, 2001 TOWN BOARD MEETING PAGE 6 Z 3 I same level as Suit-Kote's discussed the possibility Councilman O'Donnell closely. smoke stack and are complaining of odors. The Board of building higher smokestacks to alleviate the problem. recommended examining Suit-Kote's present request Privilege of the floor was offered to Karl Wendt. Karl Wendt representing Bestway Enterprises and Gutchess Lumber, inquired into the Aquifer Protection Permit application for Gutchess Lumber and the inclusion of a 15 foot addition. Attorney Folmer stated only the original application filed is being considered, not the addition. Attorney Folmer explained the Board felt the three projects, submitted by Borg-Warner, Bestway Enterprises and Gutchess Lumber, which were barred by the moratorium should not be effected. Due to these considerations the Board adopted Local Law #5 of 2001 to address these applications. After Local Law #5 was adopted Gutchess Lumber included an additional proposal for the construction of a 15-foot addition to the existing structure. CEO Weber was asked to give his opinion on the qualifications of the additional application. He stated the addition is a change to the original application and does not qualify even under Local Law #5. Attorney Folmer recommended as CEO Weber's advice was requested the Board should heed it. Attorney Folmer stated the study of Routes 281 and 13 may be completed in December instead of next spring as originally expected. Attorney Folmer recommended the moratorium be repealed at that time earlier than the originally planned eight months as it would had served its purpose. Mr. Wendt stated the County Planning Board was aware of the additional 15-foot addition stating it would not effect their recommendations. Gutchess Lumber would like to start pouring concrete in four weeks. The addition would make better use of the new building. Attorney Folmer explained the addition does not effect the county but it does effect the town. A Public Hearing is scheduled for Gutchess Lumber's original application. Gutchess Lumber has two options. Do one project now and one in the spring or both projects in the spring. If they decide not to proceed at this time they can inform the Board. Councilman Testa made a motion, seconded by Councilman O'Donnell, to recess the Regular Meeting to an Executive Session to discuss potential properly acquisition negotiations. All voting aye, the motion was carried. The meeting was recessed at 5:55 p.m. The following information 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. 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 6:30 p.m. Res ctfully submitted, Karen Q. Snyder Town Clerk Town of Cortlandville