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