HomeMy WebLinkAbout07-15-1998JULY 15, 1998
TOWN BOARD MEETING
5:00 P.M. L 5
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
Absent: Town Clerk, Pauline Parker
Others present were: Town Attorney, John Folmer; Highway
Supt, Carl Bush; Town Engineer, Hayne Smith; Keyboard
Specialist, Patty O'Mara; Deputy Town Clerk, Beth D'Ambrosio;
Homer Mayor, Mary Alice Bellardini; Doug Withey, of City of
Cortland Water Board; William Beveridge of McGraw Village
Board; Business Development Agency Chairman, Paul Slowey; Tim
Buel of Resource Associates; James VanDusen of Gwen Lane; News
Reporters, Jennifer Koch -Cortland Standard and Eric Reinhardt-
WXCH Radio; many residents listed on the sign -in sheet from
Kinney Gulf Road, Quail Ridge Road, Westmore Lane, Davinci
Lane, Tompkins St., McDonald Rd, Highland Road, and Blodgett
Mills.
Supervisor Thorpe called the meeting to order.
Councilman O'Donnell made a motion, seconded by Councilman
Pilato, to approve the Town Board Minutes of June 3 and 10,
1998, as written. All voting aye, the motion was carried.
RESOLUTION #123 AUTHORIZE PAYMENT OF VOUCHERS
JULY
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 #293 - 318 $13,600.71
General Fund B 86 - 93 $ 782.40
Highway Fund DB 248 - 268 $26,509.50-
Water Fund 182 - 192 $ 1,893.31
Sewer Fund 107 - 117 $ 1,676.50
Supervisor Thorpe offered privilege of the floor to Homer
Village Mayor, Mary Alice Bellardini.
She introduced Doug Withey from the City of Cortland Water
Board and Bill Beveridge from the Village Board of McGraw. She
then turned the floor over to Doug Withey.
Mr. Withey explained that as representatives of the
Cortland Water Board, the Village of Homer and the Village of
McGraw they have discussed an involvement with the Smart
Review, being conducted through the State Comptroller's Office.
They are looking at different alternatives for expansion of
services through co-operative agreements among water utilities,
at a cost saving. They have concluded through this process,
that a representative from the Town of Cortlandville is needed.
They have committed to establish a steering committee, to
be conducted through The Cortland Aquifer Protection Alliance,
a non -political and not -for -profit organization. Their purpose
is to evaluate the utilization of current water systems of
those involved, and to review the most effective, and cost
effective, view for supporting future economic growth.
Their studies, to date, have determined that there are
many growth areas that need these services.
An invitation was extended to the Town Board to join in
the activities of this group, and assist them.
2ru0 JULY 15, 1998 TOWN BOARD MEETING PAGE 2
Mayor Bellardini stated that a meeting is set for July 29,
1998, with a representative from the State Comptroller's Office
at 9:30 a.m. at the City Hall. They would like someone from the
Town to attend.
Supervisor Thorpe stated his concerns as to why he has not
attended these meeting in the past. Because the Town has had
to expand their services, and we must comply with the bidding
process and requirements, there would be no advantage for the
Town to participate or to create a larger water district.
Examples were heard.
Mayor Bellardini stated the Village of Homer is unsure if
they want to participate, and concerns have been voiced. They
want to hear the comments to be offered from NYS Comptroller's
meeting.
Councilman O'Donnell stated he would be available to
attend the July 29th meeting to listen to the proposal.
Mr. Withy concluded with an invitation to join and appoint
a delegate to participate in the Steering Committee. He named
the members appointed to date.
Privilege of the floor was given to town resident, James
VanDusen of 841 Gwen Lane.
Mr. VanDusen presented and read a petition addressed to
the Town Board, requesting an extension of Town Sewer lines.
RESOLUTION #124 ACKNOWLEDGE RECEIVING A PETITION FOR AN
EXTENSION OF TOWN SEWER LINES TO GWEN
LANE AND SURROUNDING AREA
Motion by Councilman Rocco
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, that a petition received for an extension of
the Town's Sewer lines to the area of College View Dr., Gwen
Lane, Woodside Road, Hart Drive, Highland Road, and Groton Ave.
Extension, is hereby acknowledged, and shall be received and
filed.
A discussion was held concerning the problems of the
residents and the cost to accomplish this request. This project
could become very costly because of the distance involved for
a connection point.
Supervisor Thorpe reminded everyone that this why we must
insist that developers include these utility services before
any project is approved.
RESOLUTION #125 AUTHORIZE AND DIRECT THE TOWN ENGINEER TO
PREPARE A COST STUDY AND SCHEDULE RELATING
TO AN EXTENSION OF TOWN SEWER LINES TO GWEN
LANE AND SURROUNDING AREA
Motion by Councilman Testa
Seconded by Councilman Rocco
VOTES: ALL AYE ADOPTED
WHEREAS, a petition was presented by the residents of College
View Drive, Gwen Lane, Hart Drive, Highland Road, and Groton
Ave, requesting an extension of Town sewer lines, and
WHEREAS, the Town Board has duly received and reviewed the
petition, therefore
BE IT RESOLVED, the Town Board does hereby authorize and direct
the Town Engineer to prepare a cost study and schedule relating
to this request for said project, and report his findings and
recommendation to the Town Board, by December 31, 1998.
Councilman O'Donnell apprised the Board of the continued
complaint he has received concerning property owned by Richard
Parker in Blodgett Mills. He introduced Donna Reome of
Blodgett Mills, who lives next door.
JULY 15, 1998 TOWN BOARD MEETING PAGE 3
261_
She asked the Board to advise her what to do, relating tc
the unkept property located next door to her. This has been
going on for too long, and it is getting worse. She reported
that young children are breaking into the house and she was
concerned as to what might happen.
Councilman O'Donnell informed the Board of the status to
date, and what he has done.
A discussion was held concerning alternatives.
Attorney Folmer stated if the Town is to take any action,
we need to confirm of a Town code violation. The Town CEO
(Code Enforcement Officer) would make that determination. He
suggested that he could send a letter to the Town CEO,
explaining the several complaints and concerns of the area
residents, asking him to make a determination if there are any
enforceable violations, with a copy sent to the property owner.
Councilman O'Donnell requested that this be done.
Councilman O'Donnell requested further information of
Attorney Folmer relating to serving the warrant on Lowell Craft
for his code violation in Blodgett Mills.
A discussion was held whereby Attorney Folmer stated that
the warrant could be served in either Cortland County or
Chenango County, wherever he was at the time.
Councilman Rocco reported that he delivered a copy of the
proposed Law regulating ATV's, to a few residents on McDonald
Road. They are still having problems with mini bikes in their
area. He asked what is the next step in the procedure.
Attorney Folmer stated the next step is to establish a
date for a Public Hearing if this Board so desires.
A discussion was held concerning the date.
RESOLUTION #126 SCHEDULE A PUBLIC HEARING FOR REGULATION
OF OPERATION OF ATV VEHICLES FOR AUGUST
5, 1998 AT 7:15 P.M.
Motion by Councilman Rocco
Seconded by Councilman O'Donnell
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, a Public Hearing shall be scheduled for August
5, 1998 at 7:15 p.m. for the Regulation of Operation of ATV
Vehicles.
Councilman Rocco raised the status of the Grass and Weed
Control Law.
A discussion was held concerning the changes made after
the Public Hearing on this Law.
RESOLUTION #127 ADOPT LOCAL LAW NO. 1 OF 1998 -
GRASS AND WEED CONTROL
Motion by Councilman Rocco
Seconded by Councilman O'Donnell
VOTES: ALL AYE ADOPTED
BE IT ENACTED: by the Town Board of the Town of Cortlandville
as follows:
STATEMENT OF INTENT:
The Town Board of the Town of Cortlandville recognizes and
declares that the uncared for and neglectful attention to the
growth of grass and other vegetation within residential and
commercial areas of the Town can result in risks to public
health and can also detract from the character of
neighborhoods. While it is recognized that certain areas may be
maintained for natural habitats and other legitimate purposes,
the failure of property owners to care for their property
through neglect or lack of concern requires that measures be
taken to insure the maintenance of reasonable health and
neighborhood standards.
DULY 15, 1998 TOWN BOARD MEETING PAGE 4
DEFINITIONS:
As used in this Law, the terms "lot", "yard" and "place", shall
mean a parcel of land no larger than 30,000 square feet,
situated in an area of the Town of Cortlandville currently
classified as any zone other than Agricultural pursuant to he
current Zoning Map of the Town of Cortlandville. No land
hereinafter rezoned from Agriculture to any other zoning
classification shall be subject to the restrictions of this
article unless this law shall be specifically amended to
include such rezoned parcel or parcels.
CUTTING AND REMOVAL REQUIRED:
Every owner or occupant of any lot, yard or place within the
Town of Cortlandville, exclusive of Villages and Agricultural
Zones in said Town is required to maintain their properties in
a manner to promote good health and neighborhood preservation,
and to that end is to cut and remove therefrom all grass, weeds
or other uncultivated vegetation located thereon which reaches
six (6) inches of growth.
REMOVAL OF GRASS AND WEEDS BY
SUPERINTENDENT OF HIGHWAY DEPARTMENT:
Upon failure of the owner or occupant to cut and remove grass,
weeds or other uncultivated vegetation as prescribed in Section
1 hereof, -the Superintendent of the Town Highway Department
shall cause notice of said condition to be given to the owner
of record of such parcel as shall appear on the latest tax roll
of the Town by certified mail, return receipt requested. In
the event that such condition is not remedied within ten days
of receipt of said notice, the Superintendent of Highways shall
cause the condition to be remedied and the grass, weeds, or
other uncultivated vegetation to be removed and shall charge
the cost of such removal to the owner of record of said
property. The Superintendent of the Town Highway Department
shall mail a statement to said owner of record requesting the
payment of such cost which shall become due and payable within
thirty (30) days from the mailing thereof. If such cost is not
paid within such time and interest not paid by November 1 of
'the year in which such cost is incurred, such cost and interest
at the rates charged on unpaid taxes able to said property and
shall be collected in the manner as any unpaid town tax.
PENALTIES FOR OFFENSES:
The following penalties shall be levied in addition to the cost
described above:
(a) For the first offense a fine not to exceed fifty dollars
($50).
(b) For the second offense within two (2) calendar years, a
fine not less than $50.00 but not to exceed $150.00 dollars.
(c) For the third offense, a fine not less than $150.00 but not
to exceed $250.00.
(d) Each offense thereafter, not less than $250.00, not more
than $500.00.
The monthly report for the SPCA for the month of June and
the Water Report for the 3rd Quarter is on the table for review
and filed in the Town Clerk's office.
Attorney Folmer reported:
New Code Books: Public Hearing scheduled for August 5,
1998. Code Book would be delivered in advance to the Public
Hearing. Notice needs to be posted not less than ten days of
the Public Hearing.
BAN Projects: Three bond issues have been closed.
Supervisor Thorpe explained the contract with Resource
Associates in regards to the Bell Drive flooding. This is a
continuation of Resource Assoc.'s work for the Town.
JULY 15, 1998 TOWN BOARD MEETING PAGE 5 2 S
RESOLUTION #128 AUTHORIZE SUPERVISOR TO SIGN CONTRACT
WITH RESOURCE ASSOCIATES FOR A DRAINAGE
STUDY OF COSMOS HILL, NYS ROUTE 281,
AND FISHER AVE.
Motion by Councilman Rocco
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
WHEREAS, the Town Board has requested Resource Associates to do
a drainage study of Cosmos Hill, NYS Route 281, and Fisher Ave.
area, therefore
BE IT RESOLVED, the Town Board does hereby authorize and direct
the Supervisor to sign said contract with Resource Associates,
with terms, conditions and hourly personnel rates, fees not to
exceed $2,500.00.
Supervisor Thorpe distributed a letter from the Chairman
of Cortland County Business Development Corp, Paul Slowey, and
offered him privilege of the floor.
Mr. Slowey distributed literature pertaining to High Tech
Business in New York State, specifically an investment program
by IBM. He was advised that Cortland County did not apply to be
considered in this Chip Fabs '98 program.
He reported that they continue to receive requests for the
possible location of a business within Cortland County. One
was recently received from a developer with a desire for
locating in a business park off Route 281.
His agency will undertake to identify and inventory sites
within the County to accommodate these requests. He requested
the Town to review their current Zoning Ordinance from a
comprehensive viewpoint, of the current regulations and its
restrictions. He will be asking the City of Cortland and other
Towns within the County to also do this. Some of these have not
been addressed in thirty years, and times have changed. He
suggested that the Town Planning Board work with the County
Planning Dept., to accomplish this.
Supervisor Thorpe stated that this Board cannot discuss a
proposed project tonight.
Attorney Folmer stated that we are aware of a specific
project which has prompted this request. Zoning activity of
that particular area in the past, has met with some opposition
for a variety of reasons. We always need to be concerned with
long term issues and make a. comprehensive record of the
decision. Any request located near NYS Route 281 requires
special consideration as there are a number of area problems
such as traffic, traffic light control, access problems and
others. As we have learned, these cannot be corrected quickly.
He felt it would be premature to discuss anything in particular
before the Planners looked at all the issues.
The request received tonight is for another comprehensive
review of our zoning classifications and consider if changes
are necessary. He stated that a thorough comprehensive review
was done in 1986 by Bill Clemons, chairman of the Town Planning
Board, taking information in from many sources.
Councilman Rocco stated the Board recognizes the growth of
the County is in Cortlandville. The Board has respect for
developers, the Business Dev. Corp., and what Dr. Ambrose has
accomplished for the community. The Town does not want to
stand in the way of progress but everything has to be balanced.
Supervisor Thorpe stated the last examination of the
zoning laws took a very large amount of time and this can not
be done quickly.
Tim Buel of Resource Assoc. stated they also receive
requests for business sites and recommended there might be
other sites that could be changed to promote industrial and
commercial growth, that the whole picture needs to be looked
at.
DULY 15, 1998 TOWN BOARD MEETING PAGE 6
RESOLUTION #129 REFER REQUEST FOR A COMPREHENSIVE REVIEW
OF TOWN'S ZONING ORDINANCE FROM CORTLAND
COUNTY BUSINESS DEVELOPMENT CORP. TO THE
TOWN AND COUNTY PLANNING BOARDS FOR THEIR
REVIEW AND RECOMMENDATIONS
Motion by Councilman Rocco
Seconded by Councilman O'Donnell
VOTES: ALL AYE ADOPTED
WHEREAS, a request was received from Cortland County Business
Development Corp. requesting a comprehensive review of the
Town's zoning laws, therefore
BE IT RESOLVED, the request received from the Cortland County
Business Development Corp. shall be forwarded to the Town and
County Planning Boards for their review and recommendation, and
further
RESOLVED, this information shall be received and filed.
Councilman Rocco made a motion, seconded by Councilman
Pilato, to receive and file the second quarter report of 1998
from the Cortland County Industrial Development Agency. All
voting aye, the motion was carried.
Supervisor Thorpe apprised the Board of the distribution
list, prepared by the Town Clerk, of the new Town Code Book.
Those named have received the new book, and would make
available to the public for their review, in preparation for
the Public Hearing. They are also available at any Town
office, all elected officials and zoning board members.
A discussion was held on possibilities of other agencies
that might benefit in having the new Code Book. No action was
taken.
RESOLUTION #130 APPROVE DISTRIBUTION LIST FOR THE
NEW TOWN CODE BOOK
Motion by Councilman O'Donnell
Seconded by Councilman Rocco
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby approve the
distribution list of other agencies whom have received the
proposed new Town Code Book for their use, or to have available
for requests of the general public.
Councilman Pilato made a motion, seconded by Councilman
Rocco, -to recess the Regular Meeting and convene to an
Executive Session to discuss the acquisition of land. All
voting aye, the motion was carried.
The Meeting was recessed at 5:50 p.m.
The following information was received from the
Supervisor's office.
Councilman Pilato made a motion, seconded by Councilman
Rocco, to adjourn the Executive Session and reconvene the
Regular Meeting. All voting aye, the motion was carried.
No action was reported.
Councilman Pilato made a motion, seconded by Councilman
Rocco, to adjourn the Regular Meeting. All voting aye, the
motion was carried.
The Meeting was adjourned at
6:35,.p�m.
�Re 2ectfull s bmi ted,
4.
Pauline H. Parker, CMC
Town Clerk
Town of Cortlandville