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HomeMy WebLinkAbout06-05-20023�g�3 JUNE 05, 2002 7:00 P.M. TOWN BOARD MEETING The Regular Meeting of the Town Board of the Town of Cortlandville was held at the Blodgett Mills Independent Baptist Church, Blodgett Mills, 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; Water & Sewer Sup't. Peter Alteri; Planning Board member, Nick Renzi; County Legislator, Danny Ross; Jill Giocondo of the Cortland Standard; Cortland High School students, Nick Abbatiello and Kristie Chapman; others in attendance Barbara Angel, Bernard Glazier, Shirley Breed, and a representative from Barden & Robeson Corp. Supervisor Thorpe called the meeting to order. Motion by Councilman O'Donnell 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 #245 - 271 $ 20,664.87 General Fund B B57 - B68 $ 20,640.93 Highway Fund DB D 175 - D 198 $ 27, 317.55 Water Fund W 116 - W 124 $ 3,153.87 Sewer Fund S53 - S60 $ 97,024.30 Capital Projects H2O - H22 $ 16,171.17 Monthly reports for the Town Clerk, SPCA, and Supervisor for May 2002, are on the table for review and filed with the Town Clerk's office. Councilman O'Donnell made a motion, seconded by Councilman Pilato, to receive and file the Town Historian Report of June 2002. All voting aye, the motion was carried. Councilman O'Donnell made a motion, seconded by Councilman Pilato, to receive and file correspondence from Donald Chambers of the Cortland Water Board, asking the Town to accept the role as Lead Agency for the joint Town of Cortlandville/Cortland Water Board, Wellhead Protection Plan. All voting aye, the motion was carried. Supervisor Thorpe offered privilege of the floor to those in attendance. Town Clerk Snyder apprised the Board Local Law No. 2 of 2002 was received by the Department of State and filed April 29h, 2002, regarding the zone change for J. Fergus, Inc. 3 e) 4 JUNE 05, 2002 TOWN BOARD MEETING PAGE 2 RESOLUTION #128 ACKNOWLEDGE NOTIFICATION FROM THE STATE FOR SLING OF LOCAL TAW NO. 2 OF 2002 Motion by Councilman O'Donnell Seconded by Councilman Pilato VOTES: ALL AYE ADOPTED BE IT RESOLVED, the NYS Dept. of State acknowledged receipt of Local Law No. 2.of 2002, to be effective on April 29, 2002, referring to J. Fergus Inc. Zone Change. Town Clerk Snyder, introduced and welcomed Nick Abbatiello and Kristie Chapman, two students from Cortland High School Law Class. Attorney Folmer reported:. Bonding: Attorney Folmer apprised the Board the bonding issues for Crestwood Court/Page Green Road Water and Sewer will be signed tonight, June 05, 2002. The BANS for the project will be renewed as to the old money, while new money will be received June 06, 2002, at 8:30 a.m. by Town Clerk Snyder. The interest rate given to the Town for the BANS by Alliance Bank is 2.85%. Public Hearings: Attorney Folmer apprised the Board notices of the two Public Hearings to be held June 12, 2002 at 7:00 p.m. regarding the Wellhead Protection Plan Local Law No. 3 of 2002 and the Land Use/Aquifer Protection Plan as a planning document should be published as required in the June 6, 2002 issue of the Cortland Standard. James Trasher of Clough, Harbour &. Associates informed Attorney Folmer draft copies of the proposed ordinance should be available at the Town Clerk's office on Friday June 7d , 2002. Amending Ordinance for Two Water Meters:.. Attorney Folmer stated he investigated the situation regarding the current ordinance for two water meters as requested by the Board. The Town Code may be amended if the Board chooses to do so. Additional revenue will be produced for the Town. The amendment may result in sewer charges to residents who at one time had dual meters. Hobart Hill Property: Attorney Folmer stated he has been working on the deeds for the property conveyance between the Town and Mr. Bernard Glazier for property on Hobart Hill Road. Attorney Folmer stated the conveyance will go to the center line of the right-of-way, rather than the northerly bound line of the abandoned highway as previously thought. _ : RESOLUTION #129 AUTHORIZE TOWN SUPERVISOR TO EXECUTE A DEED TO. BERNARD GLAZIER FOR PROPERTY ON HOBART HILL ROAD AND DELIVER THE DEED UPON PAYMENT OF $450.00 Motion .by Councilman O'Donnell . Seconded by Councilman Rocco VOTES: ALL AYE APPROVED BE IT RESOLVED, the Supervisor is: hereby. authorized and directed to execute a deed to Bernard Glazier for the 0.93-acre property located on Hobart Hill Road, a portion of the road right-of-way, and it is further RESOLVED, the Supervisor is authorized and, directed to deliver the, deed upon payment of $450.00. 1 n U • 335 JUNE 05, 2002 TOWN BOARD MEETING PAGE 3 Attorney Folmer apprised the Board he will be out of town Thursday, June 6', 2002, and the afternoon of Friday, June 7', 2002. A gentleman in attendance asked Attorney Folmer for clarification regarding the Public Notice for the Wellhead Protection Plan. Attorney Folmer stated, according to the Public Notice statute, it is required a notice be provided indicating what the content of the notice is. Attorney Folmer read aloud the two Public Notices to be published in the Cortland Standard regarding the Wellhead Protection Plan Local Law No. 3 of 2002 and the Land Use/Aquifer Protection Plan as a planning document. The Public Notices are published to inform the public. The purpose is not to publish the entire text of Local Law No. 3 of 2002 or the Land Use/Aquifer Protection Plan. The documents will be available at the Town Clerk's office. James Trasher of Clough, Harbour & Associates apprised the Board a copy of each document will be available at the Town Clerk's office for review. However, Mr. Trasher stated the documents cannot be distributed to the general public until they are adopted. Attorney Folmer stated the documents do not fall under the category of Freedom of Information and cannot be taken out of the Town Hall nor photocopied. Attorney Folmer stated the Public Hearing is an opportunity for people to address the Board with their questions, comments and concerns. Supervisor Thorpe stated the Town is reviewing its banking procedures with the idea f or better service and lower costs to the Town. Supervisor Thorpe, Councilman Rocco, and Town Bookkeeper, Marcia Hicks met with representatives from Fleet Bank and Key Bank, and will continue to research banking services. Councilman Rocco stated he is pleased the Board is investigating different banking services and was impressed with the presentations given by both Fleet Bank and Key Bank. He stated competition between local banks should help keep the Town's cost down. Councilman Rocco made a motion, seconded by Councilman O'Donnell, to receive and file correspondence from the New York State Office of Parks, Recreation & Historic Preservation regarding the application for the Community Park Project on Starr Road. All voting aye, the motion was carried. There was a brief discussion regarding Suit-Kote Corp. and the correspondence from City resident Lisa P. Soler Councilman O'Donnell stated he did not agree with some of Lisa P. Soler's statements from her correspondence regarding Suit-Kote Corporation as they were not completely accurate. In her letter, Ms. Soler stated she finds it impossible that Suit-Kote's relocation has already taken place, which is not true. Suit-Kote Corp. will not relocate until 2003. In her letter Ms. Soler stated she was concerned with the odors from the plant. Councilman O'Donnell stated Suit-Kote Corp. has replaced their filter system as well as other parts of the plant, which should decrease odors. Councilman Rocco stated he recently toured Suit-Kote Corp. as he is also concerned with the odor. However, Councilman Rocco stated he is more concerned with the air people are breathing. The system Suit-Kote Corp. has is enclosed, meaning what can be seen in the air is vapor from steam and is not adding particulates to the air. Councilman Rocco stated the Board has put conditions on the Suit-Kote Corp. permit. All air quality studies must be reported to the Board as well as to the DEC. The Board has the authority to shut down the operation if Suit-Kote Corp. does not comply with the specifications. A resident in attendance questioned Councilman O'Donnell what part of the process filters particulates. Councilman O'Donnell stated the entire process filters particulates. The new filter system has twelve -foot bags and bigger pumps, which has increased the filtering ability between thirty and forty percent. The old system had eight -foot bags. James Trasher of Clough, Harbour & Associates, who completed a study regarding the particulates, stated the particulates are at twenty percent of the standard level. Mr. Trasher stated the Aquifer Protection Permit granted by the Town is just a minor step for Suit-Kote Corp. The Town, EPA, and NYS DEC have set standards for the operation. If Suit-Kote Corp. makes one wrong move the permits can be rescinded, and the corporation can be fined. Mr. Trasher stated Suit-Kote Corp. has been attentive and has provided the required reports. Supervisor Thorpe stated he would respond to Ms. Soler's correspondence with a letter. M& JUNE 05, 2002 TOWN BOARD MEETING PAGE 4 Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and file correspondence from Lisa P. Soler regarding Suit-Kote Corporation. All voting aye, the motion was carried. Councilman O'Donnell made a motion, seconded by Councilman Pilato, to receive and file the correspondence from.John T. Helgren, Cortland County Health Department, regarding the Wellhead Protection Plan. All voting aye, the motion was carried. Councilman Pilato made a motion, seconded by Councilman O'Donnell, to receive and file correspondence from Amanda Barber, Cortland County Soil. & Water Conservation District, regarding the Wellhead Protection Plan. All voting aye, the motion was carried. is There was a brief discussion regarding the Highland Road Sewer Project. Councilman Testa questioned Supervisor Thorpe as to whether or not the Board had to respond to Phase I. Supervisor Thorpe stated he spoke with Town Engineer, Hayne Smith, and also sent a copy of the correspondence from Thoma Development to James Trasher of Clough, Harbour & Associates. i Councilman Testa stated the Town needs an Engineer to look at the project. Part of the area involved is considered to be an archeologically sensitive area. At the very least the Town must complete a Phase I Archeological Survey before proceeding with the project. Mr. Trasher stated the Archaeological Assessment could be costly as there are different steps in the process. The first part of the Archeological Survey could cost the Town between $1,500 to $2,000, although he could not give an exact figure because the area of the Town being considered is rather large. Attorney Folmer questioned Mr. Trasher what the Town should be doing as follow- up to the application. Mr. Trasher stated there are many grants available with low interest rates. He stated Clough, Harbour & Associates has been contacted by Rural Development and the EFC in regard to this issue. Supervisor Thorpe stated he would like to meet with Mr. Trasher and Thoma Development to discuss this issue further. Councilman Testa questioned Attorney Folmer how much money the Highland Road Sewer Project was going to cost. Attorney Folmer stated the project would cost approximately $2.3 million dollars. Councilman Rocco made a motion, seconded by Councilman O'Donnell, to receive and file the correspondence from Thoma Development regarding the Highland Road Sewer Project. All voting aye,: the motion was carried. There was a brief discussion regarding the transfer of funds from the Sewer Fund Surplus to the Capital Project Sewer Fund for the Highland Road Sewer Project. Attorney Folmer questioned what the money would be used for. Town Clerk Snyder apprised -the Board the request to transfer $13,900.00 is due to monies already advanced through Town Engineer Hayne Smith for items such as surveys, maps and surveying companies the Town has had to pay due to the Highland Road Sewer Project.. Attorney Folmer stated under the statute the Board has the right to transfer the money. The Town has the right to spend money for the purposes mentioned, because in order for the project to continue the plans must be put together. Councilman Rocco questioned whether there have been any problems with property owners regarding the Highland Road Sewer Project. Attorney Folmer stated there have already been problems with property owners and anticipates many.more problems as the project develops. 3 3.1 JUNE 05, 2002 TOWN BOARD MEETING PAGE 5 1 RESOLUTION #130 AUTHORIZE SUPERVISOR TO TRANSFER $13,900.00 FROM THE SEWER FUND SURPLUS TO THE CAPITAL PROJECT SEWER Arr~nM Motion by Councilman O'Donnell Seconded by Councilman Rocco VOTES: ALL AYE APPROVED 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, 40 $13,900.00 from the further the Supervisor is hereby authorized and directed to transfer Sewer Fund Surplus to the Capital Project Sewer Account, and it is RESOLVED, the Sewer Fund Surplus will be replenished when these projects are bonded. A representative from Barden & Robeson Corp. apprised the Board they are donating the Geiss family a house on McLean Road. The Geiss' daughter was killed in Stewart Park by her husband a few years ago, which left the grandparents with custody of the children. Eric Barden of Barden & Robeson has offered to build the house. Several contractors have donated their time; Suit-Kote Corporation has donated blacktop; Saunder's Cement has donated concrete; and local stores have donated supplies. Barden & Robeson Corp. asked the Town to consider waiving the cost of the building permit fee. Councilman Rocco asked the representative what the cost of the permit is. The representative from Barden & Robeson Corp. stated the cost of the permit is approximately $570.00. Attorney Folmer stated it is not legal to waive the fee. The Town is constitutionally prohibited from giving up public money for private purposes. Attorney Folmer stated he believes Barden & Robeson Corp. is doing a wonderful thing. Attorney Folmer stated there are even regulations as to how the Town can make contributions to a charitable organization. Attorney Folmer stated he would look into the matter further. RESOLUTION #131 SCHEDULE PUBLIC HEARINGS FOR AQUIFER PROTECTION PERMIT APPLICATIONS SUBMITTED BY CORTLAND SPORTS COMPLEX INC., AND MICHAEL MAY Motion by Councilman O'Donnell Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED BE IT RESOLVED, Public Hearings shall be scheduled for June 19, 2002 at 5:00 p.m. for the Aquifer Protection Permit applications submitted by Cortland Sports Complex Inc. for property located on the northeast corner of Carroll Street/Fairgrounds Drive intersection, owner Cortland County Ag. Corp., tax map #76.19-01-30.100, and by Michael May for property located on NYS Route 281 & 13, owner Elliot Rubinstein, tax map #95.16-01- 04.100, #95.16-01-04.220, #95.16-01-24.200. Attorney Folmer advised the Board the Public Hearing scheduled on June 12', 2002, for the Land Use/Aquifer Protection and Wellhead Protection Plan, should not be closed, but rather be recessed until the June 19', 2002 meeting. By recessing the Public Hearing it will allow those in attendance to make additional comments. Attorney Folmer stated the Board may want to defer final action until after July 1', 2002 regarding the Public Hearings for the Aquifer Protection Permit applications submitted by Cortland Sports Complex Inc. and Michael May. JUNE 05, 2002 TOWN BOARD MEETING PAGE 6 Councilman O'Donnell made a motion, seconded by Councilman Rocco, to adjourn the Regular Meeting. All voting aye, the motion was carried. The meeting was adjourned at 7:30 p.m. Respe ully submitted, q -j aren Q. Snyder Town Clerk Town of Cortlandville • 1 1