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HomeMy WebLinkAbout05-15-2002MAY 15, 2002 5:00 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, John Pilato Councilman, Ronal Rocco Town Clerk, Karen Q. Snyder Others present: Town Attorney, John Folmer; Highway Sup't., Carl Bush; James Trasher of Clough, Harbour & Associates; Paul Suits of Suit-Kote Corp.; Richard Schutz of Suit-Kote Corp.; Jill Giocondo of the Cortland Standard; News Reporter, Kelly Palmer; Town Residents, Lori Miller, Dean Miller, Barbara Miller, David Law; Patrick Reidy of the Cortland County Soil and Conservation Dept.; and Cortland County Legislator Paul Allen. Supervisor Thorpe called the meeting to order. Councilman Rocco made a motion, seconded by Councilman O'Donnell, to approve the Town Board minutes of February 20, 2002, as written. All voting aye, the motion was carried. Councilman Rocco made a motion, seconded by Councilman O'Donnell, to approve the Town Board minutes of March 20, 2002, as written. All voting aye, the motion was carried. Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and file the Planning Board Minutes of January 29, 2002, as written. All voting aye, the motion was carried. Councilman Rocco made a motion, seconded by Councilman Pilato, to receive and file the Planning Board Minutes of February 26, 2002, as written. All voting aye, the motion was carried. Councilman Testa made a motion, seconded by Councilman Rocco, to receive and file the Zoning Board of Appeals Minutes of February 26, 2002, as written. All voting aye, the motion was carried. Motion by Councilman Rocco Seconded by Councilman Pilato • VOTES: ALL AYE ADOPTED BE IT RESOLVED, the vouchers submitted have been audited and shall be paid as follows: General Fund A Vouchers #219 - 244 $ 16,014.93 General Fund B B43 - B56 $ 14,399.55 Highway Fund DB D 143 - D 175 $ 175,878.28 Water Fund W 103-W 115 $ 6,220.38 Sewer Fund S47 - S52 $ 5,521.55 Capital Projects H18 - H19 $ 3,367.50 37 1. MAY 15, 2002 ice►` ".1s,•/ tL 1l PAGE 2 Supervisor Thorpe offered privilege of the floor to those in attendance. Councilman Testa stated there have been complaints from Town residents regarding disabled, unlicensed, vehicles on residential property. Councilman Testa questioned if the Town has an ordinance prohibiting such vehicles from remaining on residential property. Attorney Folmer stated the Town has an ordinance permitting and prohibiting a certain number of disabled vehicles in most districts. Attorney Folmer apprised the Board CEO Bruce Weber would contact property owners in response to complaints made. The property owners are informed they are in violation of the ordinance and are asked to correct the violation by a specific date. If the violation is not corrected CEO Bruce Weber forwards notification to the Board as well as to the Town Attorney, who is asked to send a letter to the property owner regarding the noncompliance. If the owner does not comply, formal action is taken and an incrimination may be filed with the local Criminal Court ® charging the violation of the ordinance. Attorney Folmer stated he would look into the unregistered motor vehicle provisions in the ordinance. The Board must remember when drafting the ordinance that the Town of Cortlandville is vast; what is appropriate for one district may not be for another. Town resident David Law apprised the Board of his concern regarding Emory Knight's property on Ridge Road, which he referred to as a "junk yard," located across the hill from his property. Mr. Law stated he was fully aware of the situation when he purchased his property, but was under the impression Mr. Knight's property was grandfathered. Mr. Law understood Mr. Knight would not immediately be forced to clean up the property, but believed there would not be further expansion of the residue. Mr. Law stated there has been a great amount of activity on Mr. Knight's property. Attorney Folmer stated when the current zoning ordinance was enacted the situation with Emory Knight for a non -conforming use was permitted, although it would not be permitted today according to the zoning ordinance. A non-conf orming use is not permitted to be expanded. Attorney Fohner apprised the Board and Mr. Law that Mr. Knight has been notified he is in violation of the zoning ordinance because he is in the process of expanding his non -conforming use. CEO Bruce Weber has inspected Mr. Knight's property. Attorney Folmer prepared information charging Mr. Knight with the violation of the zoning ordinance through the local criminal court and forwarded such information to CEO Bruce Weber. Mr. Weber signed the information and filed it with the court. Mr. Knight has been summoned to appear before Cortlandville Town Justice, Mardis Kelsen to answer his violation charge on June 4', 2002. Attorney Folmer stated it is his obligation to prosecute Mr. Knight and intends to do so. Town resident Lori Miller stated she contacted CEO Bruce Weber in 1997 regarding the same issue and was told the property was grandfathered and knew the property had non-conf orming use. Town resident Dean Miller, of Clinton Street Extension, stated he would be able to provide photographs of Mr. Knight's property and the continuous expansion from 1994 to the present. Attorney Folmer thanked Mr. Miller and stated he may contact him after the initial court date of June 4t', 2002 if he feels photographs will be helpful. RESOLUTION #115 ACCEPT ANNUAL REPORTS OF THE CORTLANDVILLE FIRE DISTRICT FOR THE YEARS 1999, 2000, AND 2001 Motion by Councilman O'Donnell Seconded by Councilman Pilato VOTES; ALL AYE ADOPTED BE IT RESOLVED, the Annual Reports of the Cortlandville Fire District for the years 1999, 2000, and 2001 is hereby accepted, and shall be received and filed. Monthly reports for the Supervisor, SPCA and Justice for April 2002, are on the table for review and filed in the Town Clerk's office. 37Z MAY 15, 2002 TOWN BOARD MEETING PAGE 3 Attorney Folmer reported: Aquifer Protection Permit for Suit -Kole Corp: Attorney Folmer apprised the Board of the application postponed on behalf of Suit- Kote Corp. to move its Homer facility to a location in Polkville. The Board moved the application be postponed for decision -making purposes until the May 15`i', 2002 meeting. Attorney Folmer stated a time limit is established under the ordinance in which the Board is required to make a decision. The time limit has long since passed. Attorney Folmer apprised the Board the reason they were able to delay a decision on the application until tonight was because Suit-Kote agreed to the extension time. The applicant is in need of a decision at this point. On the request of Councilman Testa, Attorney Folmer prepared a motion for the Suit-Kote Aquifer Protection Permit to be discussed by the Board. • Attorney Folmer read the motion aloud. Councilman Rocco stated he is concerned about the quality of the air. At his request, Clough, Harbour & Associates completed an analysis of the studies done on air quality and summarized their findings for the Board. Councilman Rocco stated he reviewed the analysis and thanked James Trasher of Clough, Harbour & Associates for their diligence. Councilman Rocco stated lie, Councilman O'Donnell and Gary VanGorder from the Chamber of Commerce, were able to look at the closed operation of Suit-Kote Corp. as well as other aspects of the facility on Monday May 13th, 2002. Councilman Rocco stated his main concern is the particulates in the air generated by the operation in regard to quality of life for residents in McGraw. After much consideration, Councilman Rocco stated he is satisfied the operation is well within the guidelines of the requirements for particulates. He is concerned with what people are breathing, however believes the particulates are being controlled by this new operation. Councilman Rocco stated he will vote in favor and believes he has done everything possible to assess the situation. Councilman Rocco stated Suit-Kote is a safe operation. With the additional requirements the permit could be pulled in the event of air quality failure. Councilman O'Donnell agreed with Councilman Rocco and stated Suit-Kote has come along and has taken steps to rectify the situation. Councilman O'Donnell questioned Paul Suits of Suit-Kote Corp. how many tons have been run through the plant. Paul Suits stated as of Friday, May 9th, 2002, approximately 10,000 tons have been run through. Councilman O'Donnell stated he would vote against the Aquifer Protection Permit. He would feel more comfortable waiting another year to make a decision. RESOLUTION #116 APPROVE AQUIFER PROTECTION PERMIT #4 OF 2002 SUBMITTED BY SUIT-KOTE CORP. FOR PROPERTY LOCATED AT ROUTE 11 SUBJECT TO CONDITIONS Motion by Councilman Testa Seconded by Councilman Pilato VOTES: Councilman Pilato Aye Councilman Rocco Aye Councilman O'Donnell Nay Councilman Testa Aye ADOPTED WHEREAS, the Cortland County Planning Department and the Town Planning Board have reviewed and recommended approval of this Aquifer Protection Permit application subject to conditions, and WHEREAS, a Public Hearing was duly held by this Town Board, therefore BE IT RESOLVED, the Town Board does hereby approve Aquifer Protection Permit #4 of 2002, submitted by Suit-Kot.e Corp. for property located at Route 11, tax map #97.00- 01-31.000 subject to the following conditions: MAY 15, 2002 TOWN BOARD MEETING 3 l3 1. Applicant shall obtain and remain in compliance with all necessary permits required by State and Federal Regulatory Agencies, including, but not limited to, the New York State Department of Environmental Conservation. 2. Application shall provide the Town, through the office of the Supervisor all data submitted to such agencies by Applicant or received by Applicant related to air quality and the control thereof, including, but not limited to, particulate data. 3. Applicant shall, at all times, operate their facility in accordance with regulations imposed upon such facilities by any regulatory agency. 4. The failure to comply with these conditions may result in the revocation of this permit after notice and public hearing. RESOLVED, the Supervisor is hereby authorized and directed to sign the permit. RESOLUTION #117 AUTHORIZE COMPLETION OF PROBATION PERIOD FOR DEPUTY TOWN CLERK, KRISTIN E. ROCCO EFFECTIVE MAY 01.2002 Motion by Councilman Testa Seconded by Councilman O'Donnell VOTES: Councilman Testa Aye Councilman O'Donnell Aye Councilman Pilato Aye Councilman Rocco Abstain ADOPTED WHEREAS, per Resolution #231 of 2001, the position of Deputy Town Clerk was filled by Kristin E. Rocco and she has completed the required six month probation period, therefore BE IT RESOLVED, pursuant to the Town Personnel Policy, her annual salary shall be increased by $300.00, effective May 01, 2002. Town Clerk Snyder apprised the Board Karen Granito, a member of the Board of Assessment Review, has completed training with the Real Property Tax Department and will be ready for Grievance Day on May 28 , 2002. Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and file the oath of office for Karen Granito for the 2002 Board of Assessment Review. All voting aye, the motion was carried. Attorney Folmer reported: Municipal Building: Attorney Folmer apprised the Board when contractor James & Son Construction Company submitted the voucher for payment on the Municipal Building, they indicated the subcontractors would be paid in full. James & Son Construction Company has failed to do so. Attorney Folmer stated he is in receipt of a letter which has been forwarded to the Performance Bond Company by the attorney for PS Griswold Inc. making a claim of $11,606.00 against the bond. An action to foreclose a mechanic's lien, which has been filed against the Town, will involve a counterclaim by the Town unless the bonding company resolves the problem. It is not necessary for the Board to take action on this issue. Public Sewer System Hook -Up: Attorney Folmer apprised the Board what happens when it is reported to the County Health Department residents have not hooked up to the sewer within the one- year period as required under the Town's ordinance. Attorney Folmer stated he recently spoke with John Helgren of the Cortland County Health Department. Mr. Helgren stated Cortlandville Water and Sewer Sup't., Peter Alteri, prepares a list of residents who have 9 � 9 J MAY 15, 2002 TOWN BOARD MEETING PAGE 5 not hooked up to the sewer and submits the list to the Health Department. The Health Department f ollows up with a letter to the resident involved, listens to concerns regarding the sewer hookup, and may in some circumstances grant an extension. Mr. Helgren stated the Health Department follows up rather vigorously, as there has never been a circumstance where they have had to have a hearing to shut the sewer off, which is the final step in the process. Attorney Folmer stated he was aware of three commercial properties not hooked up to the sewer, including the Budget Inn, 281 Bowl, and a portion of the old Penguin Trailer Park owned by Robert Bean. 281 Bowl is reluctant to the sewer hookup until Route 281 reconstruction is complete. According to the Cortland County Health Department the extension is a reasonable request and will be granted until the work is completed. Mr. Helgren informed Attorney Folmer in the past an extension has been granted up to five years. The Health Department tries to be reasonable and accommodate different circumstances. The Health Department will not grant an extension if the system is not working properly. Residents who have installed a new system, or residents who cannot afford the hookup yet have a functioning system, may be granted an extension. Attorney Folmer stated an extension will not affect the Benefit Tax as it must be levied against the properties in the district. The Board cannot provide tax exemption according to the tax statute. Whether or not an extension will be granted is in the hands of the Cortland County Heath Department. Councilman Rocco questioned what would be required in the event property is conveyed to a new owner, and whether the seller would be required to hookup to the public sewer. Attorney Folmer stated, most lending institutions require the homeowner to be hooked up to the available public sewer before a loan will be approved. Permission for Two Water Meters: Attorney Folmer apprised the Board regarding removing permission for two water meters from the Town's Code. The Board would have to adopt a Local Law amending the section that provides for permission to use a second meter. Games of Chance: Attorney Fohner stated he did not get an answer from the election office regarding the date the Board must have everything in order with Games of Chance so that a referendum can be placed on the ballot for the November election. Attorney Folmer ensured the Board he would have an answer by the next Town Board meeting. The Board will then be able to decide whether to go ahead with the process or not. Councilman Testa questioned whether Games of Chance, if passed, would be allowed throughout the Town or if it would be restricted to the Statewide Country Music Park. Attorney Folmer stated a Games of Chance ordinance would be similar to the Bingo ordinance. If passed, Games of Chance would be permitted throughout the Town excluding the Village of McGraw. There was a brief discussion reverting back to the issue of removing the permission to use two meters from the Town's Code. Councilman Rocco questioned what the problem is with having two meters on a property. Supervisor Thorpe stated a second meter would be used to benefit property owners who heavily use water without it affecting the sewer, such as gardeners or pool owners. A property owner with a swimming pool would want to utilize a water meter to record the water use of the pool. However, the owner would not want the water charged against the sewer because the pool water does not go into the sewer. Councilman Rocco stated people may be abusing the second meter by not paying a sewer charge on water use that should be charged. Supervisor Thorpe stated it is Water and Sewer Sup't. Peter Alteri's position to provide more accurate inf ormation regarding the issue. 1 • 1 1 S 75 MAY 15, 2002 TOWN BOARD MEETING PAGE 6 Wellhead Protection Plan: Attorney Folmer apprised the Board the Moratorium expires June 30°i, 2002. When adopting the extension the Board was careful to be sure the Wellhead Protection Plan and its related efforts would be accomplished by June 30', 2002 when the Moratorium ended. Attorney Folmer stated the Board must move to declare that the adoption of the plan and the related objects, is a Type I action. The Board must also declare its intention to assume responsibility as Lead Agency for both the Wellhead Protection Plan and Land Use/Aquifer Protection Plan. The motion will activate a thirty -day notice period in which a letter will be sent to the involved agencies who may decide they wish to act as Lead Agency. ® RESOLUTION #118 DECLARE WELLHEAD PROTECTION AND LAND USE/AQUIFER PROTECTION PLANS A TYPE I ACTION UNDER SEQRA AND DECLARE THE TOWN BOARD AS LEAD AGENCY Motion by Councilman Rocco Seconded by Councilman Pilato VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby declare the proposed Wellhead Protection and Land Use/Aquifer Protection Plans as a Type I action under SEQRA, and it is further RESOLVED, the Town Board does hereby declare they be Lead Agency with the proposed plans. Highland Road Sewer: Attorney Folmer stated the Board decided to revise and upgrade the Highland Road Sewer Project to include some larger areas within the Town, which has increased the cost of the project to $2,385,000.00. The Town plans to complete the project over a period of time rather than in one season. However, the Town must deal with SEQRA and referrals. In regard to the Highland Road Project, the board must make a motion declaring the project as Type II as well as declare the Town intends to act as Lead Agency so notification can be given to the proper authorities. RESOLUTION #119 DECLARE THE HIGHLAND ROAD SEWER IMPROVEMENT PROJECT A TYPE II ACTION UNDER SEQRA AND DECLARE TOWN BOARD AS LEAD AGENCY Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby declare the proposed Highland Road Sewer Improvement Project a Type II action under SEQRA, and it is further RESOLVED, the Town Board does hereby declare they be Lead Agency with the proposed project. Attorney Folmer stated the Town must schedule a Special Meeting for May 29', 2002 in order for final comments to be received regarding the Wellhead Protection Plan and Land Use/Aquifer Protection Plan. Once the Special Meeting is held, notification may be given regarding the Public Hearing to be conducted June 19', 2002. At the conclusion of the meeting the Town is required under SEQRA to provide a ten-day period for comment, which will expire June 29th, 2002, the day before the Moratorium expires. 376 MAY 15, 2002 TOWN BOARD MEETING PAGE 7 RESOLUTION #120 SCHEDULE SPECIAL MEETING FOR THE WELLHEAD PROTECTION AND LAND USE/AQUIFER PROTECTION Motion by Councilman Testa Seconded by Councilman Pilato VOTES: ALL AYE ADOPTED BE IT RESOLVED, a Special Meeting shall be scheduled for May 29"', 2002 at 5:00 p.m. for final comments to be received regarding the Wellhead Protection and Land Use/Aquifer Protection Plans. RESOLUTION #121 SCHEDULE PUBLIC HEARINGS FOR THE WELLHEAD PROTECTION AND LAND USE/AQUIFER PROTECTION PLAN S Motion by Councilman Testa Seconded by Councilman Pilato VOTES: ALL AYE ADOPTED BE IT RESOLVED, a Public Hearing shall be scheduled for June 19', 2002 at 5:00 p.m. for the Wellhead Protection and land Use/Aquifer Protection Plans. Councilman Testa questioned Attorney Folmer what streets are included in the Highland Road project, and more specifically whether Quail Ridge Drive is included. Attorney Folmer stated the streets included in the project are: Highland Road, College View, Gwen Lane, Fieldcrest Drive, Woodside Road, Northway Drive, Westmore Lane, and Sylvan Way. To service the areas new sewer lines will be extended along Kimsey Gulf Road and NYS Route 222. To enable future extensions of sewers along Fairview Drive, a new collector line will be extended from an existing manhole on Luker Road across Cortland County Airport property to Fercor Drive. Attorney Folmer stated Quail Ridge Drive does not appear to be included according to the map. Supervisor Thorpe stated he could argue either way on the issue since the septic systems on Quail Ridge Drive are new. Councilman Testa stated he did not understand why Quail Ridge Drive cannot be included in the sewer project since the sewer line will be running past the street. He stated the residents of Quail Ridge Drive should be included and are entitled to the sewer. Councilman Testa apprised the Board he spoke with Town Engineer Hayne Smith who stated it was not necessary to include Quail Ridge Drive, yet he disagrees. Attorney Folmer apprised the Board a notice must be given regarding intention to declare the Town Lead Agency with regard to this project. The Town must wait thirty days before being declared Lead Agency, meaning the Town will have thirty days to discuss whether or not Quail Ridge will be included. Supervisor Thorpe stated he would discuss the issue with Town Engineer Hayne Smith. There was a brief discussion regarding the extension of the sewer line through the Cortland County Airport. County Legislator Paul Allen stated the County will want assurance the sewer lines will be protected by something such as a sealant around the sewer in the event the runway is extended in the future. James Trasher of Clough, Harbour & Associates stated under FAA regulations, utilities cannot be run underneath a runway. Attorney Folmer stated the County should understand the sewer is being extended near the airport at the County's request. Councilman Testa stated the County should also be aware of the $35,000.00 cost for the extension through the airport. County Legislator Paul Allen stated it was his understanding the Town was extending the sewer through the airport in order to cross over to Fercor Drive. Attorney Folmer stated the sewer would not cross to Fercor Drive had the County and airport not requested the line be extended to serve the airport. 1 • 1 �J 1 MAY 15, 2002 TOWN BOARD MEETING PAGE 8 Patrick Reidy, from Cortland County Soil and Water Conservation District, apprised the Board of a meeting held six weeks ago between the Cortland County Soil and Water Conservation District, Cortland County Health Department, Town of Cortlandville, Sup't. Douglas Withey of the Cortland City Water Board, Cortlandville Highway Sup't. Carl Bush, and Clough Harbour & Associates. The meeting was to discuss conditions regarding the Wellhead Protection Plan. A two-year and five-year catcher zone for the Terrace Road well, Lime Hollow Road well, and the Cortland City well was decided upon. Mr. Reidy stated he had a map to photocopy that would be presented to the Board at a later date. Councilman Testa made a motion, seconded by Councilman O'Donnell, to receive and file correspondence from Clough, Harbour & Associates LLP regarding Suit-Kote • Corp. and the Aquifer Protection Permit application for the Polkville Plant. All voting aye, the motion was carried. Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and file correspondence from Clough, Harbour & Associates LLP regarding Suit -Kole Corp., the proposed expansion project, and additional fees. All voting aye, the motion was carried. RESOLUTION #122 AUTHORIZE TOWN TAX COLLECTOR TO FORGIVE TOWN PENALTIES FOR THE WALDEN PLACE ASSISTED LIVING COMMUNITY 2002 TOWN AND COUNTY TAX BILL Motion by Councilman Testa Seconded by Councilman Pilato VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby authorize and direct the Town Tax Collector, Karen Q. Snyder to forgive any penalties imposed upon the 2002 Town and County Tax bill for the Walden Place Assisted Living Community, tax map #105.00-01- 22.220. Councilman O'Donnell made a motion, seconded by Councilman Rocco, to receive and file correspondence from Thoma Development Consultants regarding grant -writing services. All voting aye, the motion was carried. Councilman Rocco made a motion, seconded by Councilman Testa, to receive and file correspondence from Time Warner Cable regarding their franchise. All voting aye, the motion was carried. Arrival of Bernard Glazier. Supervisor Thorpe stated Town Assessor David Briggs calculated the lot located on SHobart Hill Road, which is owned by the Town, to be 0.93 acres. According to Town Zoning Law a developable lot must be at least 1.0 acre. Without a variance the property can not be developed. Mr. Briggs determined a fair market price of 1410."0 for the property. Town resident Bernard Glazier is interested in purchasing the lot from the Town for $450.00. Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and file correspondence from Town Assessor, David Briggs regarding property on Hobart Hill Road. All voting aye, the motion was carried. U MAY 15, 2002 TOWN BOARD MEETING PAGE 9 RESOLUTION #123 AUTHORIZE TOWN ATTORNEY TO PREPARE A DEED FOR THE SALE OF A PORTION OF THE HOBART HILL ROAD PROPERTY TO BERNARD GLAZIER FOR $450.00 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 prepare a deed for the sale of the Town's 0.93-acre property located on Hobart Hill Road, a portion of the road right of way, to Bernard Glazier for $450.00. Councilman Testa made a motion, seconded by Councilman O'Donnell, to receive and file correspondence from the Cortland County Health Department regarding the Highland Road Sewer Project Funding support. All voting aye, the motion was carried. Councilman Rocco made a motion, seconded by Councilman Testa, to receive and file correspondence from New York State Office of Parks, Recreation and Historic Preservation regarding the Starr Road project. All voting aye, the motion was carried. RESOLUTION #124 AUTHORIZE SUPERVISOR TO FILE AN APPLICATION FOR FUNDS FROM THE NEW YORK STATE OFFICE OF PARKS, RECREATION AND HISTORIC PRESERVATION Motion by Councilman Rocco Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, Raymond G. Thorpe, Supervisor of the Town of Cortlandville, is hereby authorized and directed to file an application for funds from the New York State Office of Parks, Recreation and Historic Preservation in accordance with the provisions of Title 9 of the Environmental Protection Act of 1993 or Title 3 of the Clean Water/Clean Air Bond Act, based on the information provided in the Town's Fiscal Year 2001 application already on file with the State, and upon approval of said request to enter into and execute a project agreement with the State for such financial assistance of the Town of Cortlandville for the Community Parks Project. Councilman O'Donnell made a motion, seconded by Councilman Rocco, to receive and file correspondence from Governor George E. Pataki regarding modification of new codes for New York State. All voting aye, the motion was carried. There was a brief discussion regarding the proposed hotel on Route 281. Councilman Testa stated there was an applicant mentioned for the proposed hotel on Route 281 at the Town Board Meeting held in McGraw. Councilman Testa was concerned the Town was obligated to pay the $2,000.00 fee to Thoma Development as a result of the Town Board Meeting on May 1, 2002. The Board authorized Thoma Development to proceed with an application to the State for the Community Development Block Grant to assist with development of a hotel called the Country Inn & Suites. Attorney Folmer stated the Town is not obligated to pay the $2,000.00 fee. The Town cannot pay the fee using grant money, which means the developer would be ultimately responsible. 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 5:55 p.m. Res ectfully submitted, Karen Q. Snyder Town Clerk Town of Cortlandville