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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