Loading...
HomeMy WebLinkAbout06-02-1999JUNE 02, 1999 7:00 P.M. 7`. L 1 TOWN BOARD MEETING The Regular Meeting of the Town Board of the Town of Cortlandville was held at the Independent Baptist Church in Blodgett Mills, New Fork, with Supervisor Thorpe presiding. Members present: Absent: Supervisor, Raymond Thorpe Councilman, Theodore Testa. Councilman, Edwin O'Donnell Councilman, Ronal Rocco Town Clerk, Karen Q. Snyder Councilman, John Pilato Others present were: Town Attorney, John Folmer, Highway Supt, Carl Bush; Deputy Town Clerk, Beth D'Ambrosio; County Legislator, David Plow; Rev. Terry Majors, Minister of the Independent Baptist Church; Consulting Engineer, Garr Wood; Town residents, Michael Arnold, Tarla Arnold, and Kristy D'Amtbrosio; Blodgett Mills Residents, Don Chamberlain, Mrs. Ed Pettet, Pat Breed, Mr. & Mrs. Angelo Cincotta, Betty Wood; and News Reporter, Angela Leddy. Supervisor Thorpe called the meeting to order. Councilman O'Donnell mane a motion, seconded by Councilman Testa, to approve the Town Board Minutes of April 21, 1999 after the correction of the word complied to compromised, found on page three. All voting aye, the motion was carried. RESOLUTION #103 AUTHORIZE PAYMENT OF VOUCHERS JUNE Motion by Councilman Testa 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 #244 - 267 $ 9,484.33 General Fund B 52 - 59 $ 4,602.91 Highway Fund DA 36 - 38 $ 4,147.75 Highway Fund DB 207 - 230 $110,062.05 Water Fund 118 - 123 $ 1,199.65 Sewer Fund 69 - 70 $ 211.56 Capital Projects 21 - 23 $ 60.22 Supervisor Thorpe explained to those in attendance that Councilmen Pilato and Rocco were unable to attend tonight's meeting. This creates a quorum with the Supervisor voting. Supervisor Thorpe offered privilege of the floor to Rev. Terry Ma. j ors . Rev. Majors stated to the Board there was a need for an emergency shelter in Blodgett Mills. In case of power failure, any catastrophe due to storms or a Y2K problem he would like to utilize his church as a shelter area. He asked if the Town had any funds available to help with this or if the Town has any plans for a shelter. Supervisor Thorpe commented the Town has no plans at this time but the new fire station on Route 13 could be one place utilized as a shelter for the people as they have emergency generators. He asked Rev. Majors to present an estimate of what they may need and he would investigate the request. Rev. Majors stated what they need are generators to run the pump and appliances in order to be able to provide neat and water for the shelter. 72 ; JUKE 02, 1999 TOWN BOARD MEETING PAGE 2 Angelo Cincotta stated Firs Station #2 in Polkville is equipped with an emergency generator and could accommodate approximately 25 - 30 people, if needed. Arrival of Councilman Rocco. Councilman Testa asked the population of Blodgett Mills. Blodgett Mills population is approximately 70 - 80 people. Town resident, Tarla Arnold suggested the Reverend contact Brenda. DeRusso with the County Emergency Planning Committee for a county wide emergency plan. Councilman O'Donnell introduced Karen Snyder as the newly appointed Town Clerk. He explained Mrs. Snyder has been a Deputy Town Clerk for Pauline Parker, retired Town Clerk, for many years while working in the assessor's office. He looks forward to working with Mrs. Snyder. Councilman O'Donnell apprised the Board that a. report has been complied by the Cortland Aquifer Protection Alliance Steering Committee, which includes the Villages of McGraw and Homer, City of Cortland, and the Towns of Cortlandville and Virgil. He will distribute and explain this report to each Board member and then discuss it at their next meeting. Blodgett Mills resident Pat Breed, expressed concern for what maybe leaking into the ground at the property located at the corner of Maple Ave. and Main Street in Blodgett Mills. She stated there are cars parked there with oil and gasoline leaking and asked if the owner could be made to clean up the property. Mrs. Breed and Angelo Cincotta expressed concern regarding debris at a recycling business owned by Kris Larsen. This debris is starting to go onto the railroad tracks and there is the possibility of it being swept down stream with a good rain storm. Supervisor Thorpe stated he will refer these matters to the Town Cade Enforcement Officer, Bruce Weber. Don Chamberlain questioned the ordinance for lawn mowing in the Town, making a. complaint of a neighboring property. Super -visor Thorpe stated a formal complaint needs to be filed with the Town concerning unkempt lawns. Attorney Folmer explained the ordinance for grass and weed control. Adding a formal request must be filed with the Town in order to enforce the law. These request forms are available at the Town Hall. Councilman O'Donnell stated he will speak with Richard Parker about mewing his lawn or a complaint will be made. Monthly reports for the month of May 1999 for the Supervisor, the Town Clerk and the Tax Collector are on the table for review and filed in the Town Clerk's office. Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and file a letter dated May 21, 1999 from James R. Jacob, Cortland Coordinator for the Summer Recreation League. All voting aye, the motion was carried. Mr. Jacob's letter was a request for `No Parking' signs to be posted on Isabel Drive during the summer months. His request is for direction to help prevent spectators from parking on private and public school property during athletic activities at the Barry School. Highway Supt, Carl Bush, stated signs were posted in the past and area residents made complaints regarding their company were not able park in the street within the area. 73 JUNE 02, 1999 TOWN BOARD MEETING PAGE 8 A discussion was held concerning the on going problem of encouraging spectators at the Barry School to Park in the school parking lot and not on Isabel Drive next to the field. It was decided Supervisor Thorpe would write a letter to lair. Jacob recommending he inform spectators to park in the school parking lot and not on the street. Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and file notification dated May 4, 1999 from h1YS Office of Real Property Tax Service. All voting aye, the motion was carried. The notification was in reference to Louis Closson completing the necessary training, which is a requirement in order to serve on the Board of Assessment Review. Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and file notification dated May 17, 1999 from the N'ZS DOT. All voting aye, the motion was carried. The notification was in reference to the rehabilitation of NYS Route 81 Bridge over Route 41 in the Town. The restriction shall expire on October 18, 1999. Attorney Folmer reported: Board Minutes Amendment: He recommended. amending Town Board Minutes of February 17, 1999 to include the authorization for the Supervisor to sign the SEQRA submitted by Suit -Kate. RESOLUTION #104 AMEND TOWN BOARD MINUTES OF FEBRUARY 17, 1999 TO INCLUDE AUTHORIZATION FOR THE SUPERVISOR TO SIGN THE SEQRA APPLICATION FOR SUIT-KOTE'S ZONE CHANGE REQUEST Motion by Councilman O'Donnell Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED WHEREAS, the Town Board, as Lead Agent, issued a Negative Declaration for Suit-Kote's Zone Change request, for their property located at Lorings Crossing, on February 17, 1999 per resolution #48, and WHEREAS, an omission was made from the Town Board Minutes to include the authorization for the Supervisor to sign the said SEQRA application submitted by Suit -Rote, therefore BE IT RESOLVED, the Town Board does hereby amend the Town Board Minutes of February 17, 1999 to include the authorization and direction of the Supervisor to sign the SEQRA application submitted by Suit -Kate relating to their zone change request. Litigation for Town Planning Board: Mr. & airs. Ted Hoffman have commenced legal action against the Town Planning Board for their approval of a two -lot subdivision in the Renaissance area including the future location of the public water line to be installed. This litigation is still in the preliminary stages and involves just the Planning Board and not the Town Board. If any comments are requested, they are to be referred to Mr. Folmer. Suit-Kote Litigation of Local Law #2: No determination from Judge Dowd. Attorney Folmer will report to the Town and. the Planning Board's when a decision is reached. JUt4E 02, 1999 TOWN BOARD MEETING PAGE 4 RESOLUTION #105 A RESOLUTION AUTHORIZING THE ISSUANCE OF $200,000 SERIAL BONDS OF THE T0WN OF CORTLANDYILLE, CORTLAND COUNTY, NEW YORK, TO PAY THE COSTS ON THE CONSTRUCTION OF IMPRO;,CEMENTS TO TOWN FACILITIES AS SPECIFIED HEREIN Motion by Councilman Rocco Seconded by Councilman O'Donnell MOTES: ALL AYE ADOPTED WHEREAS, pursuant to proceedings heretofore had and taken in accordance with the provisions of Article 12-C of the Town Law, and more particularly resolutions dated as follows: Resolution adopted March 6, 1996 relating to the the extension of water facilities on Route 13 in said Town at an estimated cost of $200,,000 WHEREAS, it is now desired to authorize the issuance of $200,000 serial bonds of said Town to pay the costs of the construction of the improvements described above; and WHEREAS, all conditions precedent to the financing of such capital projects, including compliance with the provisions of the State Environmental Quality Review Act, have been performed; now therefore BE IT RESOLVED, by the Town Board of the Town of Cortlandville, Cortland County, New York, as follows: Section 1. For the specific object or purpose of paying the costs of the construction of the improvements to facilities of the Town, as described in paragraph 2 hereof, there are hereby authorized to be issued $582,500 serial bonds of the Town of Cortlandville, Cortland County, New York, pursuant to the provisions of the Local Finance Law. Section 2. It is hereby determined that the maximum estimated cost of each specific object, purpose, or project is as is set forth as follows: Route 13 Water Improvement - 1999 - $200,000 and that the plan for the financing thereof is by the issuance of the $200,000 serial bonds of said Town authorized to be issued pursuant to this bond resolution. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid specific objects or purpose: is forty years, pursuant to subdivision 4 of paragraph a of Section 11.00 of the Local Finance Law. It is hereby further determined that the maximum maturity of the serial bonds herein authorized will exceed five years. Section 4. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the serial bonds herein authorized, including renewal of such notes, is hereby delegated to the Supervisor, the chief fiscal officer. Such mates shall be on such terms, form and content, and shall be sold in such manner, as may be prescribed by the said Super -,visor, consistent with the provisions of the Local Finance Law. 1 7-5 JUNE 02, 1999 TUAT BOARD MEETING PAGE 5 Section 5. The faith and credit of the. Town of Cortlandville, Cortland County, New York are hereby irrevocably pledged to the payment of the principal and interest on such bonds as the same respectively become due and payable. There shall be annually apportioned and assessed upon the several lots and parcels of land within the areas of the aforedescribed improvements, which the Town Board shall determine and specify to be especially benefited by the improvements, an amount sufficient to pay the principal and interest on said bonds as the same become due, but if not paid from such source, all the taxable real property in said Town shall be subject to the le- y of ad valorem taxes without limitation as to rate or amount sufficient to pay the principal of and interest on said bonds as the same shall become due. Section 113. Such bonds shall be in fully registered form and shall be signed in the name of the Town of Cortlandville, Cortland County, NeTiT York, by the manual or facsimile signature of the Supervisor and a facsimile of its corporate seal shall be imprinted or impressed thereon and attested by the manual or facsimile signature of the Town Clerk. Section 7. The powers and duties of advertising such bonds for sale, conducting the sale and awarding the bonds, are hereby delegated to the Supervisor, who shall advertise such bonds for sale, conduct the sale, and award the bonds in such manner as he or she shall deem best for the interests of the Town including, but not limited to, the power to sell said bonds to the New York State Environmental Facilities Corporation; provided, however, that in the exercise of these delegated powers, he or she shall fully comply with the provisions of the Local Finance Law and any order or rule of the of the State Comptroller applicable to the sale of municipal bonds. The receipt of the Supervisor shall be full acquittance to the purchaser of such bonds, who shall not be obligated to see to the application of the purchase money. Section -3. All other matters, except as provided herein relating to such bonds, including prescribing whether manual or facsimile signatures shall appear on said bonds, prescribing the method for the recording of ownership of said bonds, appointing the fiscal agent or agents for said bonds, providing for the printing and delivery of said bonds (and if said bonds are to be executed in the name of the Town by facsimile signature of its Supervisor, providing for the manual countersignature of a fiscal agent or of a designated official of the Town)the date, denominations, maturities and interest payment dates, place of places of payment, and also including the consolidation with other issues, shall be determined by the Super -visor. It is hereby determined that it is to the financial advantage of the Toi.,,Tn not to impose and collect from registered owners of such serial bonds any charges for mailing, shipping, and insuring bonds transferred or exchanged by the fiscal agent, and, accordingly, pursuant to paragraph c of Section 70.00 of the Local Finance Law, no such charges shall be so collected by the fiscal agent. Such bonds shall contain substantially the recital of validity clause provided for in section 52.00 of the Local Finance Law and shall otherwise be in such form and contain such recitals in addition to those required by section 52.00 of the Local Finance Law, as the Supervisor shall determine. Section 9. The Supervisor is hereby authorized, at his sole discretion, to execute a loan agreement, a project financing agreement, and any other agreements with the New York State Department of Environmental Conservation and/or the New York State Environmental Facilities Corporation, including amendments thereto, and including any instruments (or amendments thereto) in the effectuation thereof, in order to effect the financing or refinancing of the specific objects or purposes described in Section 2 hereof. or a portion thereof, by a serial bond issue of said Town in the event of the sale of same to the New York State Environmental Facilities Corporation. a JUNE 02, 1999 TOWN BOARD MEETING PAGE 6 Section 10. The intent of this resolution is to give the Supervisor sufficient authority to execute those agreements, instruments or to do any similar acts necessary to effect the issuance of the aforedescribed serial bonds without resorting to further action of this Town Board. Section 11. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.103 - 18(f). Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside with respect to the Permanent funding of the objects or purposes described herein. Section 12. The validity of such bonds and bond anticipation notes may be contested only if: 1) Such obligations are authorized for an object or purpose for which said Town is not authorized to expend money, or 2) The provisions of law which should be complied with at the date of the publication of this resolution are not substantially complied with, and an action, suit, or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 13. This resolution, which takes effect immediately, pursuant to Section 35.00(b)(2) and pursuant to Section 209- (g)(13)(a) of the Town Law, as the maximum estimated costs of said specific objects or purposes does not exceed one -tenth of one per centum of the full valuation of the taxable real property in -the area of the Town outside of Villages, shall be published in full in the Cortland Standard, the official newspaper together with a notice of the Town Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. RESOLUTION #106 AUTHORIZE TRANSFER OF FUNDS FOR THE NYS ROUTE 13 WATER IMPROVEMENT PROJECT SUBJECT TO PERMISSIVE REFERENDUM U UDMotion by Councilman O'Donnell Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED WHEREAS, the Town has undertaken the improvement of water facilities on Route 13 to coincide with work being done on said highway, and WHEREAS, serial bonds of the Town are to be issued to finance the cost and expenses of such improvement, and WHEREAS, it has been determined that the cost of such improvement will exceed initial estimate of such costs, therefore BE IT RESOLVED, that the sum of $25,000.00 shall be transferred from the Capital Reserve Sewer Improvement Fund to the Route 13 Water Improvement Fund to pay the added costs of the aforementioned improvement, and further RESOLVED, that this Resolution is adapted subject to Permissive referendum as provided by law. Michael Arnold and Gary Wood, PE distributed packets to the Board members of the Site Plan Review to build a retail business at 942 NYS Route 13. The packet included information of the site, photos, stormwater pollution prevention plan checklist, a letter from the NYS DOT, and a letter from Cort-Lanes. They asked that the a Public Hearing be scheduled as soon as possible. 77 JUKE 02, 1999 TOVN BOARD MEETING PAGE 7 Councilman Testa made a motion, seconded by Councilman Rocco, to receive and file County Planning Department recommendations for an Aquifer Permit request submitted by Michael Arnold. All voting aye, the motion was carried. RESOLUTION #107 SCHEDULE A Pi,.,IBLIC HEARING FOR AN AQUIFER PERMIT SUBMITTED BY MICHAEL ARNOLD ON JUETE 16, 1999 Motion by Councilman Testa Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED BE IT RESOLVED, a Public Hearing shall be scheduled for June 16, 1999 at 5:00 p.m. regarding an Aquifer Permit application submitted Michael Arnold for Property located. at 942 NYS Route 13, tax map # 95.16-02-47.200. Councilman Testa made a motion, seconded by Councilman O'Donnell, to receive and file County Planning Department recommendations for an Aquifer Permit request submitted by Economy Paging Co., Inc. All voting aye, the motion was carried. RESOLUTION #106 SCHEDULE A PUBLIC HEARING FOR AN AQUIFER PERMIT SUBMITTED BY ECONOMY PAVING CO., INC. ON J[. NE 16 . 1999 Motion by Councilman Testa Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED, a. Public Hearing shall be scheduled for June 16, 1999 at 5:15 p.m. regarding an Aquifer Permit application submitted Economy Paving Co., Inc., for property located on NYS Route 13, tax map #77.00-01-33.000. Councilman O'Donnell made a motion, seconded by Councilman Testa., to receive and file a letter dated May 20, 1999 from Judith Luyben of Central New York Developmental Services Office. All voting aye, the motion was carried. The letter was regarding the construction of new parking spaces for their group home at 1347 Starr Road and an apology for the delay. RESOLUTION #109 REFER CODE VIOLATION OF THOMAS KEANE OF 3594 TERRACE ROAD, TO TOWN ATTORNEY FOR REVIEW AND PROCEED AS REQUIRED Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, the code -,violation of property owned by Thomas Keane at 3594 Terrace Road, tax map # 96.09-02-28.000 is hereby referred to the Town Attorney for review and direct him to proceed with compliance, as required. JUNE 02, 1999 TOWN BOARD MEETING PAGE 8 RESOLUTION #110 AWARD BID FOR I4TYS ROUTE 13 WATER IMPROVEMENT PROJECT - 1999 - TO MASCIARELLI CONST CO INC IN THE AMOUNT OF $151 959 28 Motion by Councilman Rocco Seconded by Councilman Testa VOTES: ALL AYE ADOPTED WHEREAS, bids were advertised for the ITZS Route 13 Water Improvements Project, and iEREAS, sealed bids were opened can June 1, 1999 at 3:00 p.m. and provided to Town Engineer, Hayne Smith, for review, as follows: Vacari Const. Corp $195,000.00 One Brick Ave Binghamton, NY 13901 Masciarelli Const. Co., Inc. $151,959.28 784 Conklin Road Binghamton, NY 13903 THEREFORE, BE IT RESOLVED, the bid, as recommended by the Town Engineer, is hereby awarded to the low bidder, Masciarelli Construction Co., Inc., 784 Conklin Road, Binghamton, NY, for the NYS Route 13 `dater Improvement Project, in the amount of $151,959.28. Supervisor Thorpe opened a discussion on changing the payroll period for the town administrative employees. RESOLUTION #111 DIRECT BOOKKEEPER TO ADJUST ADMINISTRATION PAY PERIOD TO COINCIDE WITH THE HIGHWAY DEPARTMENT Motion by Councilman Testa Seconded by Councilman O'Donnell TOTES: ALL AYE ADOPTED WHEREAS, the town administration and the town highway department payroll are occurring at opposite time periods, and WHEREAS, in order to increase efficiency of a. new payroll program, the Bookkeeper has made a request to adjust said time periods to coincide, therefore BE IT RESOLVED, the Board does hereby direct the Bookkeeper to adjust the town administration pay period to coincide with the town highway department upon proper notification of such change to the administrative employees. County Legislator, David Plew, apprised the Board he has received numerous calls related to the new fire station on NYS Route 13. He requested an article be placed in the newspaper stating this will not cause an increase to the taxpayers. Supervisor Thorpe stated this has been done and another article will run when the public open house is scheduled. Attorney Folmer stated this is a fire district problem not that of the Town Board. Calls and questions should be directed to Joseph During, Chairman of the Fire Commissioners. Legislator Plew stated he has also had calls on the emergency vehicle the Cortlandville Fire Department wants to purchase and inquired into its necessity. Supervisor Thorpe stated the Cortland Standard's explanation of the problem with the existing rescue truck was explicit. The existing truck is falling apart. 1 1 1 JUNE 02, 1999 TOWN BOARD MEETING PAGE 9 �q Attorney Folmer explained the Town Board has no control over any expenditure of the fire district. Their budget is included on the town's tax bill but it is generated by the fire district. Blodgett Mills resident, Angelo Cincotta stated the tax rate for fire has not increased in five years and the coverage has always been excellent. Pat Breed inquired about the offices in the new fire station. Supervisor Thorpe stated the offices are for the firemen and there is also a. meeting room. Councilman O'Donnell stated the new Dairy Princess is Ms. Leach from Blodgett Mills. He inquired about the four-way stop signs installed last year in Blodgett Mills and if it was working well. Mr. Cincotta. stated there is still a problem with people driving too fast coming into the hamlet of Blodgett Mills. Attorney Folmer reminded the Board about the Knox Box system that the Town had discussed at the last meeting. He received from General Codes, two sample laws adopted in other locations to utilize this system. He will be sending these to Chief Whitney for his recommendations. General Codes will inform him how this can be incorporated into our laws as well as the revisions to our water plan adopted last year. Councilman Rocco made a motion, seconded by Councilman O'Donnell, to adjourn the regular meeting. All voting aye, the motion was carried. The meeting was adjourned at 7:50 p.m. Respectfully submitted, wren Q. Snyder Town Clerk Town of Cortlandville 1