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