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HomeMy WebLinkAbout05-20-19983CI MAY 20, 1998 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, Ronal Rocco Councilman, John Pilato Town Clerk, Pauline Parker Others present were: Town Attorney, John Folmer; Highway Supt., Carl Bush; Keyboard Specialist, Patty O'Mara; Charles and Alice Earned and Mrs. Flora Gibson of Hallstead Drive; Fred and Eleanor Skinner of Quail Ridge; Marilyn Tier of Levydale Pk; Mrs. Illies and Mr. and Mrs. Cole of McDonald Rd.; and News Reporter, Jennifer Koch. Supervisor Thorpe called the meeting to order. Supervisor Thorpe read a letter written to the Town Board from Trevor Howard, a youngster from Blodgett Mills. The letter was thanking the Board and the workers involved in the work done on the new park in Blodgett Mills and for the new swing set installed there. Councilman O'Donnell made a motion, seconded by Councilman Pilato, to receive and file the letter from Trevor Major. All voting aye, the motion was carried. Councilman O'Donnell made a motion, seconded by Councilman Testa, to approve the Town Board Minutes of April 1, 1998. All voting aye, the motion was carried. Councilman Pilato made a motion, seconded by Councilman O'Donnell, to receive and file the Planning Board Minutes of March 31, 1998. All voting aye, the motion was carried. Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and file the Zoning Board of Appeals Minutes of March 31, 1998. All voting aye, the motion was carried. RESOLUTION #96 AUTHORIZE PAYMENT OF VOUCHERS Motion by Councilman Rocco Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED, the vouchers submitted have been audited and shall be paid as follows: General Fund A Vouchers #204 - 223 $ 18,128.48 General Fund B 44 - 57 $ 2,361.14 Highway Fund DB 175 - 190 $ 5,269.32 Water Fund 123 - 137 $ 8,662.42 Sewer Fund 76 - 87 $104,838.82 Supervisor Thorpe offered privilege of the to those in attendance. Monthly reports for the month of May, 1998 for the Town Justice and for the month of April, 1998 for the SPCA are on the table for review and filed in the Town Clerk's office. Councilman Rocco made a motion, seconded by Councilman O'Donnell, to receive and file, without commitment to any of the provisions stated, a copy of a letter dated May 7, 1998 1 0 C MAY 20, 1998 TOWN BOARD MEETING PAGE 2 to Kevin Hanifin, of the NYS D.E.C., from Attorney William Pomeroy. All voting aye, the motion was carried. The letter was in reference to a meeting held on May 1, 1998 regarding proposed storm water management within the Renaissance Subdivision. Councilman O'Donnell apprised the Board that a meeting was held to discuss the storm water drainage but certain measures in Attorney Pomeroy's letter were not agreed upon as the letter stated, and clarification should be sent to the involved participants. Councilman O'Donnell asked the Board about a meeting with representatives of the Village of McGraw, Village of Homer, City of Cortland, and Cortland County to discuss things that could be done with municipal cooperation. Supervisor Thorpe informed him that meeting had to do with an intermunicipal water supply system. Because the Town's water pipes are relatively new, and those in the City are old, Supervisor Thorpe didn't think it would be beneficial to Town residents to be involved with a program, or cost, of replacing old water pipes. Councilman Rocco made a motion, seconded by Councilman Pilato, to receive and file a letter dated May 14, 1998 to Supervisor Thorpe from The Cortland County Coordinated Review Committee. All voting aye, the motion was carried. The letter was in reference to modifications of the review process for development projects in the County. The Town Clerk distributed information from the NYS Comptroller's Office informing the Board of a Satellite Teleconference program being broadcast on June 2, 1998 at different locations in the State. RESOLUTION #97 AUTHORIZE SUPERVISOR TO SIGN NECESSARY DOCUMENTS TO ACCOMPLISH THE CONVEYANCE AND RECEIPT OF THE LAND NECESSARY TO CONSTRUCT A NEW TURN -AROUND ON BELL DRIVE AND EXECUTE AN AGREEMENT SUBJECT TO REVIEW AND APPROVAL OF THE TOWN HIGHWAY SUPT. Motion by Councilman O'Donnell Seconded by Councilman Pilato VOTES: ALL AYE ADOPTED WHEREAS, Attorney Folmer has received all of the necessary paperwork to accomplish the Bell Drive Turn -Around project, and explained the desired accomplishments of the project, therefore BE IT RESOLVED, the Town Board does hereby authorize the Supervisor to sign the necessary documents to accomplish the conveyance and receipt of land, located at the east end of Bell Drive, so as to extend and construct the new turn -around at that location, under the terms of an agreement, and FURTHER RESOLVED, prior to the execution of the agreement with Eleanor Tarbell, setting forth the terms and conditions relating to such construction, it shall be, reviewed and approved by the Town Highway Superintendent, Carl Bush RESOLUTION #98 REFER ZONING AND LAND USE SECTIONS OF THE TOWN'S NEW CODE BOOK TO THE COUNTY AND TOWN PLANNING BOARDS FOR THEIR REVIEW AND RECOMMENDATIONS Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE ADOPTED WHEREAS, the Town's new Code Book has been completed, and L06 MAY 20 1998 TOWN BOARD MEETING PAGE 3 the Town Attorney has recommended the submission of these to the County and Town Planning Boards for their review and recommendations, therefore BE IT RESOLVED, the Town Board does hereby refer the sections of the Town's new Code Book dealing with Zoning and Land Use, to the County and Town Planning Boards for their review and recommendations. Councilman O'Donnell congratulated our Attorney, John Folmer and wife Carol, on their recognition from the Board of Directors for Seven Valley Council on Alcoholism, for their past assistance and accomplishments, of their program. RESOLUTION #99 AWARD BID FOR FISHER AVENUE WATER AND SEWER IMPROVEMENT PROJECTS AND SAUNDERS ROAD WATER IMPROVEMENT PROJECT TO LRS EXCAVATING INC. IN THE AMOUNT OF $509.798.00 Motion by Councilman Testa Seconded by Councilman Pilato VOTES: ALL AYE ADOPTED WHEREAS, bids were advertised for the Fisher Avenue Water and Sewer Improvement Projects and the Saunders Road Water Improvement Project, and WHEREAS, sealed bids were opened and provided to Town Engineer, recommendation, as follows: Grant Street Const. Co. 48 Grant Street Cortland, NY 13045 F.P. Kane Construction P.O. Box 5738 Endicott, NY 13760 Vacri Construction One Brick Ave. Binghamton, NY on May 20, 1998 at 3:00 p.m. Hayne Smith, for review and $637,826.00 $694,000.00 $819,000.00 J. Coppola Construction $676,244.00 1788 Union Center Highway Endicott, NY 13760 G. DeVincentis & Son Const. Co. $642,000.00 7 Belden Street Binghamton, NY 13903 Bat -Con, Inc. $630,000.00 4277 Slate Hill Road P.O. Box 155 Marcellus, NY 13108 Masciarelli Const. Co., Inc. $568,534.37 784 Conklin Road Binghamton, NY 13903 LRS Excavating Inc. $509,798.00 24 Ross Road Lansing, NY 14882 THEREFORE, BE IT RESOLVED, the bid, as recommended by the Town Engineer, is hereby awarded to the low bidder, LRS Excavating, Inc., 24 Ross Road, Lansing, NY, for the Fisher Avenue Water and Sewer Improvement Projects and Saunders Road Water Improvement Project, in the amount of $509,798.00. 1 1 MAY 20, 1998 TOWN BOARD MEETING PAGE 4 23 7' RESOLUTION #100 AUTHORIZE REQUEST OF CORTLAND COUNTY AS LEAD AGENCY FOR THE BENNETT STREET BRIDGE REPLACEMENT PROJECT Motion by Councilman Rocco Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED WHEREAS, the Cortland County's Highway Department has submitted a copy of the Environmental Assessment Form, (EAF) together with supporting documentation for the Bridge and Street Replacement Project, located in the Village of McGraw, and WHEREAS, such information received states of their intent to act as Lead Agency for the proposed project, for purposes of an coordinated review, which requires confirmation from this Town Board, as an Involved Agency, therefore BE IT RESOLVED, the Town Board does hereby agree to the designation of Cortland County, as Lead Agency, and BE IT FURTHER RESOLVED, notification will be sent to the Cortland County's Highway Department of this Board's actions. RESOLUTION #101 REFER AQUIFER PERMIT APPLICATION OF E&V ENERGY CO. TO TOWN AND COUNTY PLANNING BOARDS AND SET DATE FOR A PUBLIC HEARING ON JULY 1, 1998 AT 7:00 P.M. Motion by Councilman O'Donnell Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Aquifer Special Permit Application submitted by E&V Energy Co., for property located on Route 11 in Polkville, shall be referred to the Town and County Planning Boards for their review and recommendations, and further RESOLVED, a Public Hearing will be scheduled for July 1, 1998 at 7:00 p.m. for the Aquifer Permit application review by the Town Board. RESOLUTION #102 REFER AQUIFER PERMIT APPLICATION OF MOHAWK VALLEY OIL TO TOWN AND COUNTY PLANNING BOARDS AND SET DATE FOR A PUBLIC HEARING ON JULY 1, 1998 AT 7.nn n M Motion by Councilman Testa Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Aquifer Special Permit Application submitted by Mohawk Valley Oil for property located at 3817 Route 11, shall be referred to the Town and County Planning Boards for their review and recommendations, and further RESOLVED, a Public Hearing will be scheduled for July 1, 1998 at 7:00 p.m. for the Aquifer Permit application review by the Town Board. Councilman Rocco explained the Deferred Compensation Plan, being considered by the Board, for the Town's employees. This plan is a supplement savings plan, pre -taxed, for their retirement and is on an employee voluntary basis and at no cost to the Town. MAY 20, 1998 TOWN BOARD MEETING PAGE 5 RESOLUTION #103 ADOPT THE STATE OF NEW YORK DEFERRED COMPENSATION PLAN FOR THE TOWN OF CORTLANDVILLE'S EMPLOYEES Motion by Councilman O'Donnell Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED WHEREAS, the Town of Cortlandville wishes to adopt the Deferred Compensation Plan for Employees of the State of New York and Other Participating Public Jurisdictions (the "Plan") for the voluntary participation of all eligible employees; and WHEREAS, the Town of Cortlandville is a local public employer eligible to adopt the Plan pursuant to Section 5 of the State Finance Law of the State of New York; and WHEREAS, the Town of Cortlandville, by action of its Town Board has reviewed the Plan established in accordance with Section 457 of the Internal Revenue Code and Section 5 of the State Finance Law of the State of New York; and WHEREAS, the purpose of the Plan is to encourage employees to make and continue careers with the Town of Cortlandville by providing eligible employees with a convenient and tax -favored method of saving on a regular and long-term basis and thereby provide for their retirement; therefore IT IS HEREBY RESOLVED, that the Town of Cortlandville hereby adopts the Plan for the voluntary participation of all eligible employees; and further RESOLVED, that the appropriate officials of the Town of Cortlandville are hereby authorized to take such actions and enter such agreements as are required or necessary for the adoption, implementation, and maintenance of the Plan; and further RESOLVED, that the Administrative Services Agency is hereby authorized to file copies of these resolutions and other required documents with the President of the State of New York Civil Service Commission. Supervisor Thorpe summarized a local law draft on Minibikes and Other Small Vehicles and opened this up for discussion. A lengthy discussion was held among those in attendance and highlighted as follows: Councilman Rocco requested that a local law be passed banning all minibikes and other small vehicles from the R-1 and R-2 districts and explained the complaints that he has had from residents particularly in the McDonald Road area. Attorney Folmer suggested complaints be made through the Sheriff's Department under Disorderly Conduct, explained the process, and stated that there are statues in place to take care of this issue. Mrs. Cole stated the residents of McDonald Road were trying to be good neighbors by not involving the police and have only spoken to the parents of the offenders. Attorney Folmer explained there will not be much difference between a Town Law or the State's current laws. Someone will need to make a call, submit a complaint, be involved, in order to have it work. The discussion continued. Town Board Members requested Attorney Folmer to contact the NY State Police and the County Sheriff's Department and, based on the many complaints, ask them to patrol the area. He will also, prepare a draft for the Board's meeting to be held on June 3, 1998 at Blodgett Mills. 1 1 MAY 20, 1998 TOWN BOARD MEETING PAGE 6 239 RESOLUTION #104 AUTHORIZE TOWN ATTORNEY TO PREPARE A REVISED DRAFT ON BANNING MINIBIKES AND OTHER SMALL VEHICLES IN THE TOWN'S R-1 AND R-2 DISTRICTS AND TO EXPLORE OTHER AVENUES WITH LOCAL POLICE AGENCIES Motion by Councilman O'Donnell Seconded by Councilman Pilato VOTES: ALL AYE ADOPTED WHEREAS, there has been many complaints received concerning the noise and disruption caused by the operation of minibikes and other small vehicles in residential areas in the Town, and WHEREAS, a discussion was duly held by the Town Board and concerned residents concerning these issues, and the proposed draft presented, therefore BE IT RESOLVED, the Town Attorney is directed to discuss these concerns with local police agencies, and request them to patrol the area, and discuss other means of handling the disruption caused by the operation of these vehicles, and further RESOLVED, the Town Board does hereby authorize and direct the Town Attorney to draft a revised local law, to be submitted at the next meeting, banning all minibikes and other small vehicles in R-1 and R-2 Zoning Districts of the Town. Supervisor Thorpe summarized a local law draft, presented for discussion, concerning grass and weed control in the Town. He questioned, "in what zoning districts would this effect, or does this need to be considered?" He offered the floor to those in attendance. Fred Skinner of 4074 Quail Ridge explained his concerns relating to part of his property. Part of his property consists of a wood lot and he purchased additional property on Westmore Lane, adjacent to his, which is a continuation of the wood lot. It has trees, shrubs and bushes that he considers as a wild life preserve. He wanted to know if this would be effected. The additional lot is considered a non -conforming lot, too small to build on, and wishes to keep -it, as is. Supervisor Thorpe explained that the intent of this law is for means to prevent health problems because of abandonment of a residential lot due to bankruptcy, or illness, etc. We need a way to clean up the property. Attorney Folmer suggested that a preamble could be included to protect these type of areas of Mr. Skinner. It could include the proper wording of the intent for the need of this law. A town resident explained the situation on property on Levydale Pk. The owner is cutting the front yard but not the back, which is now very high, and asked if this law would pertain to just the front yard or the whole property. Another problem exists near Hallstead Dr. Questions were heard concerning properties under an area of development. This ruling should also apply to business's, not just a private residence. Attorney Folmer explained that developers or owners of the properties would have to mow for the prevention of health problems, which would include mowing of the front, back and side yards. He stated the draft was patterned after the City of Cortland's ordinance. He asked for input about the notice given to the owner of record, and relating to time before the Town mows. A discussion was held whereby ten days notice, for the owner to comply after receiving notice was agreed upon. Attorney Folmer went on to explain the penalties, and how it would work, and if charges were not paid by November 1st, they would be levied onto their next year's Town Tax, chargeable to said property. 2�-�Q MAY 20, 1998 TOWN BOARD MEETING PAGE 7 RESOLUTION #105 SCHEDULE A PUBLIC HEARING REGARDING GRASS AND WEED CONTROL LOCAL LAW FOR JUNE 3, 1998 AT 7:00 P.M. Motion by Councilman Testa Seconded by Councilman Pilato VOTES: ALL AYE ADOPTED BE IT RESOLVED, a revised draft relating to a Local Law for Grass and Weed Control, to include a preamble and concerns presented tonight, shall be drawn and presented for review, and FURTHER RESOLVED, a Public Hearing shall be scheduled for June 3, 1998 at 7:00 p.m., relating to this Local Law. Councilman Testa made a motion, seconded by Councilman O'Donnell, to receive and file a copy of a letter dated May 19, 1998, sent to Lynn Downes from Town CEO, Bruce Weber. All voting aye, the motion was carried. The letter was in reference to code violations on his property at 2947 Route 11. Councilman Testa made a motion, seconded by Councilman Pilato, to receive and file a copy of a letter dated May 19, 1998, sent to Dr. Lee Ambrose from Town CEO, Bruce Weber. All voting aye, the motion was carried. The letter was in reference to code violations on his property at 1199 Davinci Drive. Councilman Rocco made a motion, seconded by Councilman Testa, to recess the Regular Meeting and convene to an Executive Session, to discuss a personnel problem. All voting aye, the motion was carried. The following information was received from the Supervisor's office. Councilman Pilato made a motion, seconded by Councilman O'Donnell, to adjourn the Executive Session and reconvene the Regular Meeting. All voting aye, the motion was carried. No action was reported. Councilman Rocco made a motion, seconded by Councilman Testa, to adjourn the Regular Meeting. All voting aye, the motion was carried. The Meeting was adjourned at 7:00 p.m. / Resp ctful sub itted, 1 Pauline H. Parker, CMC Town Clerk Town of Cortlandville