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
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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.
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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.
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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,
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Pauline H. Parker, CMC
Town Clerk
Town of Cortlandville