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HomeMy WebLinkAbout03-04-1998MARCH 04, 1998 TOWN BOARD MEETING 7:00 P.M. j 9J 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, John Pilato Town Clerk, Pauline Parker Councilman, Ronal Rocco Others present were: Town Attorney, John Folmer; Highway Supt, Carl Bush; Richard Schutz of Suit-Kote; Town Residents, Betty Wood, Diane Irwin, Mr. & Mrs. Panzanella, Dorothy Eichenauer; and News reporter, Jennifer Koch. Supervisor Thorpe called the meeting to order. Supervisor Thorpe stated Councilman Pilato has asked to be excused at 7:30 p.m. Councilman O'Donnell made a motion, seconded by Councilman Pilato, to approve the Town Board Minutes of January 7 and 21, 1998, as written. All voting aye, the motion was carried. Councilman Pilato made a motion, seconded by Councilman O'Donnell, to receive and file the Zoning Board of Appeals Minutes of January 13, 1998. All voting aye, the motion was carried. RESOLUTION #59 AUTHORIZE PAYMENT OF VOUCHERS MARCH 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 #86 - 102 $ 8,947.90 General Fund B 17 - 21 $ 4,804.74 Highway Fund DB 75 - 86 $ 6,315.80 Water Fund 56 - 66 $ 5,815.54 Sewer Fund 31 - 42 $ 8,170.12 Capital Projects 01 $16,832.03 Supervisor Thorpe offered privilege of the floor to those in attendance. No questions or comments were heard. The Monthly reports of the Town Clerk and Tax Collector for the month of February, 1998 are on the table for review and filed in the Town Clerk's office. Councilman Testa made a motion, seconded by Councilman Pilato, to receive and file a letter dated February 6, 1998 from Councilman O'Donnell to Mayor Fitch of McGraw. All voting aye, the motion was carried. The letter was in reference to reserving the McGraw Community Building from 6:30-8:30 p.m. for a Town Board Meeting on May 6, 1998. Councilman Pilato made a motion, seconded by Councilman O'Donnell, to receive and file a letter dated February 20, 1998 from Mayor Fitch to Councilman O'Donnell. All voting aye, the motion was carried. The letter stated the Village of McGraw Board voted to approve holding the Town Board Meeting of May 6, 1998 at their Community Center. MARCH 04, 1998 TOWN BOARD MEETING PAGE 2 Councilman Testa made a motion, seconded by Councilman O'Donnell, to receive and file a letter dated February 24, 1998 from Town CEO Bruce Weber to Richard Schutz of Suit-Kote Corp. All voting aye, the motion was carried. The letter stated that a Long EAF form is needed in order to process their Zone change request. Councilman Pilato made a motion, seconded by Councilman O'Donnell, to receive and file a letter dated March 3, 1998 from NYS DEC Michael Barylski to Town CEO Bruce Weber. All voting aye, the motion was carried. The letter was in reference to the SEQR Classification for Suit-Kote's proposed Zone change request. Councilman Pilato made a motion, seconded by Councilman O'Donnell, to receive and file a letter dated February 27, 1998 from Richard Schutz of Suit-Kote Corp to the Town Board. All voting aye, the motion was carried. The letter was in reference to Suit-Kote's request for a Zone change, and included a long EAF form. Attorney Folmer asked if the Board was prepared to make a determination of Suit-Kote's Zone change request as a Type 1 action. He also reported that he received a phone call from Attorney Bernstein, representing Suit-Kote, asking him to make the following comments to the Town Board on his behalf: The letter of February 27, 1998 from Richard Schutz to the Town Board, is Attorney Bernstein's legal argument. Suit-Kote's Zone Change request is not a Type 1 action. It is his opinion that a Type 1_ action would create a question of a significant environmental impact and that Suit-Kote's rezoning would not have a significant environmental impact. RESOLUTION #60 CLASSIFY SUIT-KOTE CORP ZONE CHANGE REQUEST AS A TYPE 1 ACTION Motion by Councilman Testa Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED WHEREAS, per Resolution #56 of February 18, 1998, the Town Board referred a Zone Change Request from Suit-Kote Corp to the proper Boards for review, and WHEREAS, the Town Code Enforcement Officer and NYS DEC have determined that such request is to be classified as a Type 1 Action, therefore BE IT RESOLVED, the Town Board does hereby classify Suit-Kote Corp. zone change request a Type 1 Action, and further RESOLVED, the SEQR Full Environmental Assessment Form is hereby received. In answer to questions of the process, Attorney Folmer explained that because Suit-Kote has submitted the Long EAF form before the February 27th County Planning Board's deadline, it will first go before them on March 18th, to take action. Then returned to the Town Planning Board for their meeting on March 31st, to take action. After both Boards have taken action and their recommendations are received, the Town Board conducts a Public Hearing. Attorney Folmer went on to say the Town Board may consider setting a date for that Public Hearing tonight. If so, he recommended our meeting of April 15th. This would allow sufficient time to review the reports from both Planning Boards. Residents in attendance requested it not be held at 5:00 to allow time for people getting out of work, who wish to attend. MARCH 04, 1998 TOWN BOARD MEETING PAGE 3 RESOLUTION #61 SCHEDULE A PUBLIC HEARING FOR A ZONE CHANGE REQUEST SUBMITTED BY SUIT-KOTE CORP ON APRIL 15, 1998 AT 6:00 PM Motion by Councilman Testa Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED, a Public Hearing shall be tentatively scheduled for April 15, 1998 at 6:00 p.m. regarding the Zone Change application submitted by Suit-Kote Corporation. Councilman O'Donnell reported to the Board that Michael Cummings, from the State Comptroller's Office, met again with Judge Kelsen and himself to check on the progress of our court linking into the new State program. Mr. Cummings stated that out of the 100 courts chosen for this program, 40 are up and running in some capacity. Our court is #46 in the state, based on case load and revenue production. Judge Kelsen explained that we will be connected, by modem, to the State Comptroller's Office. They will receive our monthly report by scanning. Our deposits will be made to a Town Account. Monthly, the State will notify us the amount owed them, then our bookkeeper will pay them. The remainder stays in our interest bearing account, allowing us to earn more interest. Instead of us paying them monthly, and them paying us four times a year, we will have our money from inception. To make this happen, we must purchase the necessary equipment, which the funds were not included in her budget request. Cost estimates were submitted. Two quotations were submitted for computer software. The reason for disparity is because she provided the information required to draft a judicial program several years ago. Upon checking with the state, at that time, they advised her not to do this. Now they are giving their approval. Also explained was the break down, or alternatives, of the cost of hardware and network installation. A discussion was held on how the new program will work and the amount of monies needed to implement and maintain this program. RESOLUTION #62 AUTHORIZE $8,300.00 FOR JUSTICE DEPT. TO PURCHASE SOFTWARE AND INSTALLATIONS NEEDED TO UPDATE COMPUTER SYSTEM FOR CONNECTION WITH NEW STATE PROGRAM Motion by Councilman Pilato Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED WHEREAS, The State Comptroller's Office has implemented a new Judicial reporting program, and WHEREAS, the Justice Department will need to purchase new software and upgrade their computer system to participate in this program, therefore BE IT RESOLVED, the Town Board does hereby authorize an additional sum of $8,300.00 for the Justice Dept. to purchase and install the necessary computer software, to accomplish the connection with the new state program, to be taken from the Town's Contingency Account. Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and file a letter from Willowbrook Golf Club, 3267 NYS Route 215, Cortland, New York, of their intent to renew their seasonal liquor license from April 1st to October 31, 1998. All voting aye, the motion was carried. Departure of Councilman Pilato. Arrival of Town resident, Cheri Sheridan. '10 MARCH 04, 1998 TOWN BOARD MEETING PAGE 4 J_ 8 The Town Clerk had distributed: Information received from the NYS Comptroller's Office on the Spring 1998 Teleconference Series for elected officials. Information received from General Code Publishers dated March 3, 1998, to be discussed later in this meeting. Attorney Folmer reported: Renaissance/ Country Club right of way: Attorney Shafer informed him the Country Club Board of Directors have not reviewed this project. He cautioned the Board of the possibility of litigation, concerning this. We can do nothing further but wait for the Country Club's response to our suggestions. State Pension Plan: Contacted Copeland Industries as per Councilman Rocco's request. Information is forthcoming from them. He will provide this information to the Town Bookkeeper, when received. BAN Projects: Town Clerk has signed the "No petition" referendum certificates on the remaining three projects to complete the BAN for them. He will have the needed Bonding Resolutions, for adoption of, at the March 18th meeting. Fisher Ave/Fairgrounds Sewer Project: Have order for adoption, and we need to do the SEQRA review process tonight. Councilman O'Donnell asked about the Craft violation and Blodgett Mills Railroad: Attorney Folmer explained Mr. Craft wrote to him, wanting to talk with him. He wrote back asking Mr. Craft to make an appointment, and has not heard back. Judge Eligh holds court on the 2nd and 4th Tuesday of the month and he will wait until end of March to give him time to appear in court. The process has been commenced for a hearing regarding the Railroad in Blodgett Mills. RESOLUTION #63 DECLARE NEGATIVE IMPACT FOR FISHER AVENUE/ FAIRGROUNDS DRIVE SEWER PROJECT - 1998 Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE ADOPTED WHEREAS, an order was presented for adoption of the Fisher Avenue/Fairgrounds Drive Sewer Project - 1998, and WHEREAS, as Lead Agent,the Town Board duly reviewed and completed the Short Environmental Assessment Form, therefore BE IT RESOLVED, the Town Board does hereby declare the proposed Fisher Avenue/Fairgrounds Drive Sewer Project -1998 shall have no significant environmental impact. RESOLUTION #64 AUTHORIZE SUPERVISOR TO SIGN SEQRA APPLICATION FOR THE FISHER AVENUE/ FAIRGROUNDS DRIVE SEWER PROJECT - 1998 Motion by Councilman Testa Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Supervisor is hereby authorized and directed to sign the SEQRA form for the Fisher Avenue/ Fairgrounds Drive Sewer Project - 1998. MARCH 04, 1998 TOWN BOARD MEETING PAGE 5 RESOLUTION #65 ADOPT THE ORDER PURSUANT TO TOWN LAW SECTION 209-q(3) "FISHER AVENUE/ FAIRGROUNDS DRIVE SEWER PROJECT - 1998" AND SET DATE FOR A PUBLIC HEARING ON MARCH 18, 1998 AT 5:00 P.M. Motion by Councilman Testa Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED WHEREAS, there were filed and made available for public inspection in the office of the Town Clerk of the Town of Cortlandville, Cortland County New York, general plans relating to the "Fisher Avenue/Fairgrounds Drive Sewer project - 1998"' as required by Sections 209-q and 209-c of the Town Law; and WHEREAS, the proposed improvement consists of the construction of an extension of existing sewer facilities commencing at a manhole located near the eastern end of Fisher Avenue and extending approximately 1140 feet westerly together with a 160 foot sewer extension southward from Fisher Avenue along Fairgrounds Drive, in accordance with the plan and report now on file in the Office of the Town Clerk of the Town of Cortlandville. The proposed improvement will service both residences and commercial facilities located in the area of the construction and will be efficiently installed in conjunction with improvements being made to water facilities in the same area; and WHEREAS, the maximum amount proposed to be expended for said improvement is $75,000.00; and WHEREAS, the proposed method of financing of said improvement is by the issuance of bonds of the Town of Cortlandville in the principal sum of $75,000.00; all future costs including the repayment of the principal and interest of such bonds shall be borne by the lands benefitted by such improvement and such costs shall be assessed, levied and collected from the several lots or parcels of land within said Town of Cortlandville in just proportion to the amount of benefit which the improvement shall confer upon such lots or parcels; it is hereby proposed that all lots or parcels of the Town of Cortlandville outside of Villages, capable of being serviced by the "Sewer Article 12-Ct1 Sewer Improvements heretofore and hereafter provided, are lots or parcels benefitted by the proposed sewer improvement; and the cost of the proposed sewer project and all previous improvements shall be spread upon and over the enlarged benefitted area, all of such improvements constituting one sewer system; and WHEREAS, it is further proposed that the costs of management, maintenance, operation and repair of said improvement shall be a charge upon the area of the Town of Cortlandville outside of Villages and shall be levied and collected in the same manner and at the same time as other Town charges, provided that it is the intention of the Town Board that such costs will be raised in the first instance from sewer charges and fees upon all lots or parcels heretofore and hereafter serviced by the Town Law Article 12-C Sewer Improvements; and WHEREAS, a short form Environmental Assessment Form has been prepared pursuant to the State Environmental Quality Review Act, and is available for review by the public at the Cortlandville Town Hall; therefore IT IS HEREBY ORDERED, that a meeting of the Town Board of the said Town of Cortlandville shall be held at the Town Hall, 3577 Terrace Road, Cortland, New York on the 18th day of March, 1998 at 5:00 p.m. o'clock in the afternoon of that day to hear all persons interested in the proposed sewer improvement, and for such other action of said Town Board with relation to the said sewer improvement as may be required by law or be deemed proper. noMARCH 04, 1998 TOWN BOARD MEETING PAGE 6 RESOLUTION #66 AUTHORIZE HIGHWAY SUPT. TO PURCHASE TRACTOR MOWERS, BACKHOE AND PICK-UP TRUCK FROM STATE BID LIST Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby authorize the Highway Supt, Carl Bush, to purchase two tractor mowers, one tractor backhoe and one pick-up truck, from the State Bid list. RESOLUTION #67 AUTHORIZE HIGHWAY SUPT TO LET OUT FOR BID FOR A NEW SMALL DOZER Motion by Councilman Testa Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby authorize the Highway Supt, Carl Bush, to let out for bid for one new small dozer. RESOLUTION #68 AWARD BID FOR NATURAL GAS STAND-BY GENERATOR TO KINSLEY EQUIPMENT CO. IN THE AMOUNT OF $19,850.00 Motion by Councilman Testa Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED WHEREAS, per Resolution #50, adopted on February 4, 1998, bids were advertised for one new 40KW Natural Gas Stand -By Generator for a backup power supply at the pump station at Walden Oaks, and WHEREAS, three sealed bids were returned and opened on March 2, 1998 at 3:00 p.m. as follows: Cummins Northeast, Inc. $18,285.00 6193 Eastern Ave. Syracuse, N.Y. 13211 Kinsley Equipment Co. $19,850.00 275 Weston Street Hartford, CT. 06120 Penn Power Systems $20,516.00 Penn Detroit Diesel -Allison 7044 Interstate Island Rd. Syracuse, N.Y. 13209 WHEREAS, the Water_ & Sewer Dept has reviewed the bids and reported that the low bid received did not meet bid specifications, and recommended approval of the next lowest bid submitted, therefore BE IT RESOLVED, the Town Board does hereby award the bid to Kinsley Equipment Co., 275 Weston St. Hartford, CT 06120, for the Stand -By Generator, in the amount of $19,850.00. Supervisor Thorpe questioned the need for the personnel policy to be included in the new code book for the Town. Town Clerk, Pauline Parker, explained that it will not be part of the Code Book. They were requested to produce a rough draft of what we now have. This has been received, for review. The supplements to the code book have arrived, as submitted by Department Heads, and have been distributed to the involved department heads. These supplements need to be .reviewed and reported if a change is needed. A discussion was held concerning this. MARCH 04, 1998 TOWN BOARD MEETING PAGE 7 209_. 1 1 Attorney Folmer informed the Board, The Code Book, when finalized and adopted, will repeal all existing codes of the Town. The new Code Book will require a SEQRA review. RESOLUTION #69 SET DATE OF APRIL 1, 1998 FOR TOWN DEPARTMENT HEADS TO SUBMIT ANY CHANGES FOR THE NEW CODE BOOK Motion by Councilman Testa Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby set a date of April 1, 1998 for all Town department heads to submit any changes to the new code book. The discussion continued on who will be receiving the new code books. All Town Board members, and involved department heads, have them now. If no changes are submitted by those involved department heads, we will notify General Codes, then distribute the code book to members of the Zoning Boards, employees, County Agencies, as well as local libraries, for the public to review. Everyone having these books will be receiving future updates. Fees will need to be determined when the code is adopted. 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 7:50 p.m. ,4esp'lectful](y su itted, Pauline H. Parker,.CMC Town Clerk Town of Cortlandville