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Home My WebLink About08-19-1998AUGUST 19, 1998 5:00 P.M. 277 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, John Pilato Town Clerk, Pauline Parker Absent: Councilman, Ronal Rocco Others present were: Town Attorney, John Folmer; Highway Supt, Carl Bush; Keyboard Specialist, Patty O'Mara; Town residents; Nick Renzi of 1149 Davinci Dr. and Thomas and Cathy Thompson of Bacon Rd, McGraw; and News Reporter, Angela Leddy. Supervisor Thorpe called the meeting to order. Councilman Pilato made a motion, seconded by Councilman O'Donnell, to approve the Town Board Minutes of July 1, 1998. All voting aye, the motion was carried. Councilman Testa made a motion, seconded by Councilman O'Donnell, to receive and file the Planning Board Minutes of June 30, 1998. All voting aye, the motion was carried. Councilman O'Donnell made a motion, seconded by Councilman Pilato, to receive and file the Zoning Board of Appeals Minutes of June 30, 1998. All voting aye, the motion was carried. RESOLUTION #142 AUTHORIZE PAYMENT OF VOUCHERS 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 #359 - 376 $ 11,092.13 General Fund B 106 - 113 $ 6,434.70 Highway Fund DB 29.9 - 333 $101,559.40 Water Fund 216 - 229 $129,057.63 Sewer Fund 128 - 139 $116,877.50 Supervisor Thorpe offered privilege of the floor to those in attendance. Highway Supt., Carl Bush, apprised the Board of surplus equipment to send to the auction in Lansing in September. RESOLUTION #143 AUTHORIZE SELLING SURPLUS EQUIPMENT AT MUNICIPAL AUCTION IN LANSING, NY Motion by Councilman Rocco Seconded by Councilman Pilato VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby authorize disposing of surplus equipment of the Highway Dept. at the municipal auction to be held in Lansing, N.Y., as follows: 1) 1980 Autocar 10w Dump Truck 2) 1976 Miller Drag Box/Paver 3) 1978 M.B. Fitchburg Wood Chipper 4) 1992 John Deere Garden Tractor 5) 1990 Ford Garden Tractor 6) Misc. used tires FURTHER RESOLVED, said equipment shall be removed from the Town's Fixed Assets program. AUGUST 19, 1998 TOWN BOARD MEETING PAGE 2 Councilman O'Donnell apprised the Board of meeting to be held by the Village of McGraw, scheduled. for September 1, 1998. A representative from the County will be there to inform them of the progress of the Bennett Street Bridge. They would like someone from the Town Board to attend. Councilman O'Donnell agreed to represent the Board, as well as Highway Supt, Carl Bush. Councilman Testa reported on the response of residents of the recent mailing of the Town's newsletter. It was excellent. The newsletter was mailed to registered voters, which has caused some concern. A discussion was held concerning different ways for more people in the Town to receive the newsletter. The monthly report of the Cortland County S.P.C.A. for July 1998, is on the table for review and filed in the Town Clerk's office. Councilman Pilato made a motion, seconded by Councilman O'Donnell., to receive and file a report from Warren Eddy, Director of the Cortland Free Library, on the activities of the Library for the year 1997. All voting aye, the motion was carried. Councilman O'Donnell made a motion, seconded by Councilman Pilato, to receive and file a letter dated July 27, 1998 from Stephen Flatt. All voting aye, the motion was carried. The letter was in reference to his water and sewer bill. Councilman Pilato made a. motion, seconded by Councilman O'Donnell, to receive and file a letter dated August 11, 1998 from Supervisor Thorpe to Stephen Flatt. All voting aye, the motion was carried. The letter was a response to Mr. Flatt's letter of July 27, 1998 questioning his water and sewer bill. Councilman O'Donnell made a motion, seconded by Councilman Pilato, to receive and file a letter dated August 4, 1998 from Yvonne Deligato, Cortland County Historian. All voting aye, the motion was carried. The letter was informing the Board of tourism brochures. developed by County Municipal Historians and the Cortland County Convention and Visitors Bureau. Included were brochures that have been accomplished for the Town of Scott and the Town and Village of Homer. They have invited the remaining Town's to participate in this program. Cost estimates were included. Supervisor Thorpe requested the Board to review this and be prepared to make a decision at the next meeting. Councilman O'Donnell made a motion, seconded by Councilman Pilato, to receive and file a copy of letter dated August 17, 1998 from Barry Stevens of the NYS DOT to Kevin Kyle of PAL Energy. All voting aye, the motion was carried. The letter was in reference to the proposed Arby's Restaurant and Convenience Store on NYS Route 281 and NYS Route 222 A discussion was held concerning sending this to the County Planning Dept. because of the reference to a site plan. Supervisor Thorpe stated this is a preliminary proposal and he has given CEO, Bruce Weber a copy of the letter. Supervisor Thorpe apprised the Board of a meeting he attended, discussing the proposed location of the new tub grinder and the participation of the County. Councilman Testa made a motion, seconded by Councilman O'Donnell, to receive and file a letter dated August 17, 1998 from Andrew Dami.ano, Director of Administration and Finance for the City of Cortland. All voting aye, the motion was carried. The letter was in regards to the status of the tub grinder. The Town Clerk .reported that Local Laws No. 2 & 3 have been sent to the State but information has not been received for the effective dates. She will notify the Board upon receipt of them. 1 1 1 AUGUST 19, 1998 TOWN BOARD MEETING PAGE 3 Cr9 RESOLUTION #144 ACKNOWLEDGE NOTIFICATION FROM THE STATE FOR FILING OF LOCAL LAW NO. 1 OF 1998 Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, NYS Dept. of State acknowledged receipt of Local Law No. 1 of 1998, to be effective July 27, 1998, which related to the regulations of Grass and Weeds. RESOLUTION #145 AUTHORIZE THE MCGRAW SCHOOL DISTRICT USE OF THE VOTING MACHINE TO CONDUCT A SPECIAL ELECTION ON SEPTEMBER 29 1998 Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby authorize the McGraw School District use of the Town's voting machine to conduct their special election on September 29, 1998. The Town Clerk distributed copies of information received from the State Comptroller.'s Office on a Teleconference they are holding September 10, 1998 in regards to the challenge year 2000. She has given the brochures with the registration form to the other department heads. She has registration forms available for anyone interested. Attorney Folmer reported: Craft violation: He has no new information. Councilman O'Donnell agreed to call the Chenango County Sheriff. ATV Vehicles on McDonald Road: He has spoken to the Sheriff's Office. They have continued to patrol the area and have not had any significant complaints since they were there the first time. Cellular Towers: He received a letter from a law firm in Grand Rapids, Michigan in reference to the President signing an executive order making Federal property available for cellular towers, subject to local zoning, planning and land use restrictions. There is a bill, pending in Congress, which would require Federal lands be made available, as a location for cellular towers, without regard to local land use restrictions. The letter was urging him to write in opposition to this bill. He would like to do this unless the Board objects. The Board agreed a letter should be written. Manufactured Homes: He received a call from Town resident, Cathy Thompson of Bacon Road, regarding a letter written by the Manufactured Housing Association referring to a Federal statute that may preempt our laws regarding placement of manufactured homes. He reminded the Board that the chairman of our Zoning Board of Appeals has asked this Board to review our zoning laws for manufactured homes. Because anyone requesting approval to install these homes must prove a hardship and that definition has become significantly hazy. He has prepared a memorandum to the Town's CEO, Bruce Weber, requesting him to review the Federal statute and .report his opinion back to him by our next meeting. If we are not in compliance, we need to take whatever action is necessary. Councilman O'Donnell reminded the Board that the State was to have a handbook available by April 1, 1998. He wrote to Albany inquiring about the handbook. They advised that this have not been published yet. He was to receive one as soon as this has happened. Attorney Folmer explained this Federal statute seems to state the Federal Government has upgraded the construction standards of manufactured homes. He feels Zoning Officer Weber'sexpert opinion is needed on whether our zoning law is appropriate. 280 AUGUST 19, 1998 TOWN BOARD MEETING PAGE 4 He advised. that he will be out of town for the next two weeks. If any problems arise his partner will be available. Councilman O'Donnell distributed and explained a letter he received from Robert Buerkle of the Cortland County Highway Department. They have performed a study at the intersection of Kellogg Rd, Clute Rd. and West Blodgett Mills Rd, regarding the installation of a stop sign in Blodgett Mills. This has been approved. He stated this is a direct result of our Town Meeting held in Blodgett Mills. Councilman O'Donnell made a motion, seconded by Councilman Pi.lato. to receive and file the letter dated. August 19, 1998 from Robert Buerkle of Cortland County Highway Department to Councilman O'Donnell. All voting aye, the motion was carried. They will install. a new stop sign, provide temporary advance warning signs, and the necessary tree trimming or removal of the tree by September 7, 1998. Councilman O'Donnell made a motion, seconded by Councilman Pilato, to recess the Regular Meeting and convene to an Executive Session to discuss acquisition of Real Estate. All voting aye, the motion was carried. The following information was received from the Supervisor's office. Councilman O'Donnell made a motion, seconded by Councilman Pilato, to adjourn the Executive Session and reconvene the Regular Meeting. All voting aye, the motion was carried. No action was reported. Councilman O'Donnell made a motion, seconded by Councilman Pilato, to adjourn the Regular Meeting. All voting aye, the motion was carried. The Meeting was adjourned at 6:10 p.m. !Res ectfully su itted, I Pauline H. Parker, CMC Town Clerk Town of Cortlandville 1