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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. 1 1 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. 1 fl 1 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 1 1