HomeMy WebLinkAbout06-03-1998JUNE 03, 1998
PUBLIC HEARING
7: 00 P.M. 241
GRASS AND WEED CONTROL
LOCAL LAW
A Public Hearing was held by the Town Board of the Town of
Cortlandville at the Independent Baptist Church in Blodgett
Mills, New York, concerning Local Law No. 1 of 1998, dealing
with Grass and Weed Control.
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; News Reporter, Jennifer Koch; and many Town
residents named on the sign in sheet: Jeff Hall, Kris Larsen,
Don Chamberlain, Gary Henry, Barbara Angell, Betty Wood, Nancy
Nivison, Vittorio and Sandy Pazanella, Terry Major, Mary
Cervoni, Martha Wisor, Dean Miller, Charles and Alice Barned,
Pat Breed, Phillip Wood, Robin and David Quail, Greg Leach and
Richard White.
Supervisor Thorpe called the Public Hearing to order.
The Town Clerk read aloud the Legal Notice, as posted and
filed.
Supervisor Thorpe explained why this proposition is under
consideration. It is not the intent of this Town Board to have
someone running around with a ruler to measure the length of
the grass. We have no set rules in the Town to deal with this
problem. We continue to receive complaints from residents,
usually in residential areas, that absentee owners, sometimes
tenants, are not taking care of the property. Also property in
bankruptcy or an estate or medical situations are not being
cared for. This does not pertain to those who may prefer a
natural environment.
Supervisor Thorpe offered privilege of the floor to Town
Board members for comments.
Councilman Rocco raised the question if an area being
developed is rezoned from agricultural to residential, does the
developer or owner need to keep any vacant properties mowed.
Councilman O'Donnell stated that if an area is rezoned
than they must abide by the ordinances of the new zone. He went
on to say that the Village of Homer, City of Cortland, and the
Village of McGraw all have similar ordinances for grass and
weed control.
Attorney Folmer explained an area is rezoned in order to
control the way an area is developed. If an area is rezoned,
whether it is built upon or not, the assessment is on vacant
land as opposed to unimproved.
Supervisor Thorpe offered privilege of the floor to those
in attendance.
Many Town residents expressed concerns about who decides
what is unsightly, how this law would be enforced and if it is
a form of selective prosecution.
Supervisor Thorpe stated that it would be handled on a
complaint basis, only, and if no one complains, nothing will be
done. The law needs to be administered with good judgement.
JUNE 03, 1998 PUBLIC HEARING PAGE 2
Many residents expressed concern with neighbors being
pitted against neighbors and that anyone with a grudge against
someone could make a complaint. Examples were heard.
Councilman Pilato asked what could be said to people who
live in a concentrated area where a property is not being taken
care of. He went on to say he has received complaints about a
property and made several phone calls to remedy the problem, to
no avail.
Councilman Rocco read the draft aloud in an effort to
clarify the Board's intention.
Many residents felt the verbiage of the present draft is
to broad and that it needs to be more specific.
Attorney Folmer suggested the draft be rewritten to
include wording with reference to absentee ownership and
distances between properties.
He went on to say that if anyone wishes to write to him on
this subject, he will take what is submitted to him, in
writing, into consideration.
Councilman Testa made a motion, seconded by Councilman
O'Donnell, to close the Public Hearing. All voting aye, the
motion was carried.
The Public Hearing was closed at 8:00 p.m.
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JUNE 03, 1998
TOWN BOARD MEETING
7:00 P.M. j
The Regular Meeting of the Town Board of the Town of
Cortlandville was held at the Independent Baptist Church in
Blodgett Mills, 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; News Reporter, Jennifer Koch; and many Town
residents named on the sign in sheet: Jeff Hall, Kris Larsen,
Don Chamberlain, Gary Henry, Barbara Angell, Betty Wood, Nancy
Nivison, Vittorio and Sandy Pazanella, Terry Major, Mary
Cervoni, Martha Wisor, Dean Miller, Charles and Alice Barned,
Pat Breed, Phillip Wood, Robin and David Quail, Greg Leach and
Richard White.
Supervisor Thorpe called the meeting to order following a
Public Hearing relating to Grass and Weed Control in the Town.
Supervisor Thorpe read a letter from Trevor Major, a
youngster from Blodgett Mills, thanking the Board and the
people who worked on the new parks in Blodgett Mills.
Councilman O'Donnell made a motion, seconded by Councilman
Testa, to receive and file a letter to the Board from Trevor
Major of Blodgett Mills. 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 15, 1998 as
written. All voting aye, the motion was carried.
RESOLUTION #106 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 #224
- 239
$ 4,983.77
General Fund B
58
- 68
$13,322.05
Highway Fund DB
191 -
208
$ 9,689.28
Water Fund
138 -
149
$ 1,690.26
Sewer Fund
88 -
90
$ 1,464.27
Supervisor Thorpe offered privilege of the floor to those
in attendance.
Pat Breed of Blodgett Mills expressed appreciation for the
work done to accomplish the new facilities at the Ball Park in
Blodgett Mills. She feels the youth need to be instructed by
parents, friends, neighbors and everyone, that destroying the
equipment or this new facility will not be tolerated. If
necessary, the local authorities will be notified.
Mrs. Breed went on to ask about a Cortlandville Fire truck
parked on the streets in the City of Cortland, and being used
for personal use.
Attorney Folmer advised that it is not the function of the
Town Board to oversee the Fire Department and she would need to
speak to the Fire Commissioners. He confirmed that they will
be responsive to complaints of this kind.
Mrs. Breed concluded with a question about how many
unlicensed vehicles are allowed on a property, or left parked
too close to the road.
2 44 JUNE 03, 1998 TOWN BOARD MEETING PAGE 2
She was informed that there can be two unlicensed
vehicles, per property, and was advised to contact the Town's
Code Enforcement Officer, Bruce Weber, to inform him of the
problem. Also explained was the process when a complaint is
made. If further claim or court action is required, this is
done by the Town's CEO, including testimony, not an individual.
Don Chamberlain of Blodgett Mills, expressed his
appreciation to Highway Supt, Carl Bush for the new sluice pipe
on Loope Road.
Terry Majors of Blodgett Mills, inquired about a
discussion held two years ago about the purchase of playground
equipment for the original playground area.
He was informed that Barb Angell and Carl Bush are working
on this project and more equipment is coming. Also, the
basketball court will remain at this location for the use of
younger children. A new one is being constructed at the new
site.
Councilman Testa spoke about two additional acres
purchased for the projection of more ball fields.
A discussion was held concerning the filling in of the
wetlands. Some residents do not want the wetlands filled
because of flooding concerns. Others expressed their reasons
for filling it.
Supervisor Thorpe explained that approximately three
quarters of an acre has been filled. If additional recreation
area is wanted, the alternative is, the wetlands need to be
filled.
Terry Majors expressed concern about the three way stop
and the need for a fourth stop sign at the intersection of
Kellogg Road, Main Street, West Blodgett Mills Road, and Clute
Road.
Residents were advised that many concerns have been heard
concerning this.
Mrs. Quail explained that she will not remove the tree at
the corner of her property until another stop sign is erected.
She reported that it acts as a deterrent to slow down traffic
at that location.
Gary Henry expressed appreciation for the improvements
done by our Highway Dept. on the road above the intersection.
Because of this, residents can now make the hill during the
winter season, even with the fourth stop sign installed and
encouraged this.
Don Chamberlain, wanting the additional stop sign, and
stated this will slow down traffic, as many go as fast as 55
m.p.h. past his house.
Supervisor Thorpe read the letter that was sent to the
County Highway Superintendent, Joseph Eggleston, from Town
Councilman, Edwin O'Donnell. He outlined the problems and
requested him to install a fourth stop sign at the
intersection. Because it is a County road, they must do this.
Monthly reports of the Town Clerk and the Tax Collector,
for the month of May, 1998, are on the table for review and
filed in the Town Clerk's office.
Councilman O'Donnell made a motion, seconded by Councilman
Pilato, to receive and file a letter dated May 18, 1998 from
Councilman O'Donnell to Joseph Eggleston, Cortland County
Highway Supt. All voting aye, the motion was carried.
The letter was referring to the intersection of Kellogg
Rd., Main St., West Blodgett Mills Rd., and Clute Rd. and the
need for a fourth stop sign.
Councilman O'Donnell made a motion, seconded by Councilman
Pilato, to receive and file a letter dated May 22, 1998 from
Tom Casey of Time Warner Cable to the Board. All voting aye,
the motion was carried.
The letter advised of a cable rate increase, effective
July 1, 1998.
JUNE 03, 1998 TOWN BOARD MEETING PAGE 3
Councilman Rocco made a motion, seconded by Councilman
O'Donnell, to receive and file a letter dated May 20, 1998 from
Attorney Charles Shafer, addressed to the Town Board, the Town
and County Planning Boards, and the County IDA Board members.
All voting aye, the motion was carried.
Attorney Shafer represents a list of homeowners, included
with the letter, that are opposed to any rezoning within their
R-1 district.
Councilman Rocco made a motion, seconded by Councilman
Pilato, to receive and file a letter dated May 20, 1998 from
Lawrence Knapek of NYS DOT to Supervisor Thorpe. All voting
aye, the motion was carried.
The letter was in reference to our receipt of funding for
the State's Highway Improvement, "CHIPS" Program.
RESOLUTION #107 TABLE ACTION OF LOCAL LAW REGARDING GRASS
AND WEED CONTROL
Motion by Councilman Pilato
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
WHEREAS, a Public Hearing for a Local Law regarding Grass and
Weed Control in the Town was duly held, and
WHEREAS, many concerns were heard and discussed, and further
time was allowed for residents to submit written comments or
suggestions, therefore
BE IT RESOLVED, action on Grass and Weed Control Local Law is
hereby tabled for further review.
Councilman Rocco made a motion, seconded by Councilman
Pilato, to receive and file information received from the
Village of McGraw of their Well Head Protection Plan. All
voting aye, the motion was carried.
Councilman O'Donnell made a motion, seconded by Councilman
Testa, to receive and file correspondence dated May 19, 1998
from the Attorneys of the Town of Groton. All voting aye, the
motion was carried.
The correspondence, gave notice as required, and informed
the Town that they are in the process of amending their Town's
Land Use and Development Code.
Councilman Rocco expressed appreciation to the Town Clerk
for the information she provided to him relating to the process
necessary for the Town's computers to be prepared going into
the year 2000. She will provide copies to other departments of
the Town.
Attorney Folmer commented and advised that Blodgett Mills
was the perf ect place to have a Public Hearing on Grass and
Weed Control. Because they have a different perspective than
someone who might have attended the Hearing at the Town Hall,
referring to the concerns on Lamont Circle.
Attorney Folmer reported:
Craft Zoning Violation: This has been transferred to
Judge Eligh's Court in the Town of Scott. After issuing a
criminal summons, Judge Eligh received a letter from Mr. Craft
stating he will not appear. A warrant for Mr. Craft's arrest
was issued and is still pending in the Sheriff's Dept. This
matter will be executed in either Cortland County or Madison
County, where Mr. Craft resides.
Blodgett Mills Railroad Crossing: A hearing with Judge
Loomis concerning the north end of the railroad crossing on
Loope Road should be scheduled for the week of July 13th.
266 JUNE 03, 1998 TOWN BOARD MEETING PAGE 4
Grass and Weed Control Ordinance: He will do the best he
can to change the wording, addressing the concerns of the Board
and those expressed tonight, and attempt to make it workable
for everyone.
Councilman O'Donnell reported that he contacted area
resident, Richard Parker, and asked of the status for cleaning
up around his property. He expressed his intent, but also
asked for assistance to accomplish. If those in attendance
have a suggestion, please contact him.
Mr. Jeff Hall suggested that sidewalks would enhance the
area. A discussion was held concerning this.
RESOLUTION #108 AUTHORIZE AN ADDITIONAL $1,500.00
TO JUSTICE DEPARTMENT FOR COMPLETION
OF COMPUTER UPDATING NEEDED FOR NEW
STATE JUSTICE PROGRAM
Motion by Councilman O'Donnell
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
WHEREAS, the Town Board requested and authorized the Justice
Department to participate in a new State Judicial Program of
Electronic Scanning and Court reporting, and monies were
allowed to accomplish this, per Resolution #62 of 1998, and
WHEREAS, a request was made by the Town Justice, for additional
monies to increase the memory capacity on the Court's computers
and to cover additional software loading fees in order to be
able to participate in this program, therefore
BE IT RESOLVED, the Town Board does hereby authorize an
additional $1,500.00 to the Justice Department to accomplish
this installation of the State's new program.
RESOLUTION #109 AUTHORIZE INCREASE OF TOWN JUSTICE SALARY
BY $3 550.00 EFFECTIVE JUNE 1 1998
Motion by Councilman Rocco
Seconded by Councilman O'Donnell
VOTES: ALL AYE ADOPTED
WHEREAS, the Town Justice has had to accept an increase of case
load from the McGraw Court, and recognition of now being an
attorney, therefore
BE IT RESOLVED, the Town Board does hereby authorize the
increase of the Town Justice salary by $3,550.00, effective
June 1, 1998.
RESOLUTION #110 AUTHORIZE THE VILLAGE PARK ASSOCIATION
TO USE THE TOWN MEETING ROOM TO CONDUCT
THEIR ANNUAL MEETING ON JUNE 7 1998
Motion by Councilman Testa
Seconded by Councilman O'Donnell
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize the
Village Park Association use of the Town meeting room to
conduct their annual meeting on June 7, 1998.
Councilman Testa expressed appreciation to the people
involved in helping with the new ball field in Blodgett Mills.
He also acknowledged Barb and Jack Spence for taking care of
the cemetery in Blodgett Mills, at no charge.
Councilman O'Donnell expressed appreciation to Rev. Terry
Major for the use of the church for the Board meeting and
expressed the desire to return again, and thanked the many
residents for attending.
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JUNE 03, 1998 TOWN BOARD MEETING PAGE 5 247
A question was heard relating to the Town extending the
water and sewer lines to Blodgett Mills.
Board members explained that funding is almost prohibitive
at the present time to go such a great distance. Placement of
the new water tank would accommodate this area if services were
supplied in the future. We are extending our lines to the
Saunders Rd. at the present time.
A resident reported that it is difficult to obtain a loan
for purchasing a home in this area because those services are
not available.
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 8:40 p.m.
'Resp ctful su mitted,
Pauline H. Parker', CMC
Town Clerk
Town of Cortlandville
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