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HomeMy WebLinkAbout11-03-19991.62 NOVEMBER 03, 1999 ' :'" : 7:00' P:M. 'PUBLIC HEARING, 2000 PRELIMINARY BUDGET A Public Hearing was held by the Town, Board of the'Town dfr Cortlandville at the Town Hall, 3577 Terrace Road, Cortland, New York, concerning the 2000 Preliminary Budget. Members present: Supervisor, Raymond Thorpe: Councilman, Theodore Testa Councilman, Edwin O'Donnell Councilman, Ronal Rocco Councilman, John Pilato _.,.; Town Clerk, Karen- Snyder... ..... , Others present were: Town Attomey,-John Folmer; State,Trooper, Jeffrey Dorward; Town Planning Board member, Nick Renzi;'James Caruana and Jan Wingate with Fairpoint Communications; Diane Sorrells Camillo; Sue Norte Rance Livingston Marge Livingston Vashti Peagler Richard Peagler Lana May R. Tarolli Elaine M., Olson, Durwood, Goodell Joan Goodell Nancy Daniels' Richard Margison ' ' Cheri Congdon John Congdon Nancy Govemali Lisa Hoeschele John May Supervisor Thorpe called the Public Hearing;.to. order. The Town Clerk read aloud the Legal Notice as published, posted and filed. Supervisor Thorpe explained the procedure in establishing the budget for the town. The tax rate will increase by four cents per thousand, from last years town tax. rate. This will be an increase of $40 for a home, assessed .at $100,000. The Village, of McGraw!s.rate will decrease seven cents per thousand. No further questions or comments were heard. Councilman Pilato made a motion, seconded by Councilman Rocco, to close the Public Hearing. All voting aye, the motion was carried. The Public Hearing was closed at 7:04 p.m. 163 NOVEMBER 03, 1999 7:04. P.M. Cl 1 The Regular Meeting of the Town Board of the Town of Cortlandville was held at the Town Hall, 3577 Terrace Road, Cortland, New Fork; with, Supervisor Thorpe presiding. Members present: Supervisor, Raymond Thorpe Councilman, Theodore Testa Councilman, Edwin O'Donnell Councilman, Ronal Rocco Councilman, John Pilato Town Clerk, Karen Snyder Others present were: ; -Town Attorney, John Folmer; State Trooper, Jeffrey Dorward; Town Planning Board member, Nick Renzi; James Caruana and Jan Wingate with Fairpoint Communications; Mr. & Mrs. -Rensslear Livingston; Diane Sorrells Camillo; and other town residents listed separately. ATTENDANCE: Sue Norte Vashti Peagler R. Tarolli Joan Goodell - Cheri Congdon Lisa Hoeschele Rance Livingston Richard Peagler Elaine M. Olson Nancy Daniels John Congdon John May. Marge Livingston Lana May Durwood Goodell Richard Margison Nancy Governali Supervisor Thorpe called the meeting to order following a Public Hearing for the 2000 Preliminary Budget. Councilman Rocco made a motion, seconded by Councilman Pilato, to approve the Town Board Minutes of August 4 and 18, 1999, as written. All voting aye, the motion was carried. 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 General Fund B Highway Fund DA Highway Fund DB Water Fund Sewer Fund Capital Projects HA HI HK Vouchers #498 - 522 $ 6,713.58 137 -142 $ 11,857.74 65 - 69 $116,461.97 427 - 443 $207,992.69 269 - 274 $ 642.69 140 - 143 $ 907.84 84 - 90 84 - 85 $ 476.87 86 $ 4,950.00 87 - 90 $ 37,733.06 Supervisor Thorpe privilege of the floor to the Walden Oaks Neighborhood Association. 64 NOVEMBER 03, 1999 TOWN BOARD MEETING PAGE 2 Lisa Hoeschele of 3264 CoventryLane representing the Association, requested the other neighborhood residents present to stand. Mrs. Hoeschele read from a prepared statement concerning several problems the residents of the Walden Oaks development are experiencing in their area. Mrs. Hoeschele explained four. problems concerning maintenance of their roads. The Walden Oaks Assoc. have spoken with Highway Sup't., Carl Bush regarding their issues. They are in attendance to inform the Town Board of these problems. Mrs. Hoeschele outlined concerns with the resurfacing of Walden Oaks Boulevard and Fairway Heights. The new surf ace is considerably higher than the surrounding yards. Coventry Lane, Wellington Drive and Walden Pond Lane are in need of resurfacing. Other concerns stated included plowing issues, correcting. the dips and curves on Bennie Road. A discussion was held concerning- excessive speed in the Walden Oaks area. Also discussed was rude behavior by .the highway crew. Councilman Testa stated that was totally unacceptable. Supervisor Thorpe thanked the Association for bringing these issues to the Board's attention. Without notification, the Board is unaware of problems. Supervisor Thorpe went on to explain, the plan . for resurfacing these .,roads is scheduled for 2001. He also explained plowing of roads begins at 4 a.m. starting with school bus routes. He will speak with Highway Sup't., Bush regarding the possibility of plowing their area earlier. The discussion continued concerning plowing times of the Walden Oaks development. Nancy Governali of 3346; Fairway Heights, commented, any dialog with Highway Sup't., Bush has been favorable and plowing is done well. The problem is the time plowing is done and the resident's difficulty getting out of their neighborhood to go to work. John May of 3303 Coventry Lane, questioned the height roads are.. ,paved. A discussion was held concerning State' regulations for the amount blacktop used. Councilman Rocco stated no substandard road would be accepted. Mrs. Hoeschele voiced concern for the discrepancy in height and a drivers safety after a snow fall. Supervisor Thorpe stated the cost of paving is approximately $125,000 per. mile. Consequently, the town is very conscience of the amount of blacktop used. Mrs. Governali spoke in regards to the speed limit within the Walden Oaks area. The Association would like to see the speed reduced to 25 mph. Councilman Pilato made a motion, seconded by Councilman O'Donnell, to receive and file a letter dated November 3, 1999 from the Walden Oaks Association regarding road maintenance issues. in the Walden Oaks development. All voting aye, the motion was carried. Privilege of the floor was offered to Fairpoint Communications. James Caruana, representative for Fairpoint Communications, introduced his local regional manager, Jan Wingate. Mr. Caruana explained Fairpoint Communications services and stated they are an alternative to Bell Atlantic and AT&T. They are offering a package to the town with no contract involved and no fee for switching to their company. The town currently has nine different phone bills reviewed by the Town Clerk each month. Mr. Caruana explained their company would consolidate the town's bills, eliminating many hours spent by the Town Clerk trying to straighten out billing errors made by Bell Atlantic and AT&T. Mr. Caruana stated Fairpoint Communications is located in the Ithaca area. He submitted documentation of businesses they service in Cortland and municipalities in the Albany area. A discussion was held concerning service offered by Fairpoint Communications and the advantages of being local. Supervisor Thorpe stated the Board will review the information submitted and make a decision at a later meeting. i► i �i Orel", VW 1: c �XUr=MIZ,[el 165 PAGE 3 Supervisor Thorpe offered privilege, of the floor to Trooper Jeff Dorward. Trooper Dorward thanked the Board for the donation made to the New York State Trooper division located in Cortland. The funds purchased flash lights for inside the patrol cars. Trooper Dorward spoke in regards to the speed limit on McLean Road. The State Police are patrolling the area which is all they can do at this time. County Legislature for the area, Gary Thomas and the State Police have been in contact regarding this issue. A discussion was held looking into the vehicle and traffic law referring to trucks being eliminating from McLean Road. Attorney Folmer indicated it would be up to the County Highway Department to notify the state of this request. Another factor contributing to the traffic problem on McLean Road, has been the construction on Route 13 in Dryden. Trooper Dorward thanked the Board for their time. Monthly reports for the Supervisor and Town Clerk for October 1999, are on the table for review and filed in the Town Clerk's office. Diane Sorreils Camillo asked the status of her zone change request. Attorney Folmer explained a Public Hearing was held at the -last meeting and no one was present to speak for or against the proposed change. It is the Board's policy, unless someone is present to speak on the issue, not to act upon the request. The County Planning Board has recommended denial of this request. Mrs. Camillo stated the County suggested to them that the zone change request be reworded. A discussion was held concerning the wording of the zone change request. Attorney Folmer read the original zone change request and the recommended denial from the county. The Board- has not received notification from the county concerning rewording of . the, request. He explained the procedural problem of the request in its present f of m. Attorney Folmer recommended Mrs. Camillo start over again beginning with Code Enforcement Officer, Bruce Weber. Town Clerk, Karen Snyder, apprised the Board of a recommendation by State Trooper Terry Sullivan to the NYS DOT. Trooper Sullivan is recommending a yellow flashing light or a traffic signal be installed in front of the new Cortlandville Fire Station on Route 13. Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and file notification dated October 27, 1999, from. State Trooper Terry Sullivan to the NYS DOT. The notification was a recommendation to the NYS DOT install a yellow flashing or a traffic light on Route 13 in front of the new Cortlandville Fire Station. All voting aye, the motion was carried. Attorney Folmer requested an Executive Session following tonight's Board. meeting to discuss acquisition of property. Attorney Folmer reported: BANS: Attorney Folmer verified with Supervisor Thorpe and Mrs. Snyder, Town Clerk, of their availability of November 18th, 19th, or 20th for the completion of several BANS to be signed at the Alliance Bank. Suit-Kote litigation: Attorney Folmer spoke with Attorney Kevin Bernstein. There has been no decision from the Judge Dowd. €6 NOVEMBER 03, 1999 TOWN BOARD MEETING PAGE 4 RESOLUTION #222 ACCEPT DEDICATION OF A NEWLY CONSTRUCTED ELM STREET , AS A TOWN ROAD LOCATED IN THE TOWN Motion by Councilman O'Donnell Seconded by Councilman Rocco. VOTES: ALL AYE ADOPTED WHEREAS, due to the deterioration and closing of the Bennett Street Bridge located in the Village of McGraw, a new road was constructed, and . WHEREAS, this new road is an extension of an existing road named Elm Street located also in the Village of McGraw, and . WHEREAS, said road was constructed. -by the Town .of Cortlandville Highway Department with the cooperation of the Cortland County Highway Dept. and the Village of McGraw, and WHEREAS, the Town of Cortlandville Highway Sup't. has inspected said newly constructed road and has determined that such road has been constructed in accordance with Town standards, therefore BE IT RESOLVED, the Town Board does- hereby accept the dedication of said road known as Elm Street from NYS Route 41 to the Village of McGraw municipal line, and it is further RESOLVED, the newly dedicated road is 60' in width and is 1037'± in length. RESOLUTION #223 AUTHORIZE HIGHWAY SUP'T. TO PURCHASE A NEW TRACTOR & MOWER FROM STATE BID USING AN OLD TOWN TRACTOR & MOWER AS A TRADE IN TOWARDS THE PURCHASE Motion by Councilman Testa Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED WHEREAS, the Highway Sup't. has requested to purchase a new tractor and mower, for roadside mowing, from State Bid using an old town tractor and mower as a trade in, and Whereas, the new equipment would cost $45,744.00 less $25,744.00 of the old equipment as a trade in, with the final cost being $20,000, therefore BE IT RESOLVED, the Town Board does hereby authorize and direct the Highway Sup't_, Carl Bush, to purchase said tractor and mower from State Bid using an old town tractor and mower as a trade for a total cost not to exceed $20,000.00. Councilman Rocco made a motion, seconded by Councilman Pilato, to receive and file letters dated October 22, 1999, to Senator James Seward & Assemblyman Martin Luster from Supervisor Thorpe. All voting aye, the motion was carried. The letters were in regard to concerns from the Town Board and residents of McLean Rd. asking for assistance to resolve the McLean Rd. speed limit issues. Councilman Rocco made a motion, seconded by Councilman O'Donnell, to receive and file a letter dated October 26, 1999 from Senator James Seward regarding his support of the McLean Rd. issues. All voting aye, the motion was carried. Supervisor Thorpe discussed with Town Clerk Karen Snyder, requesting County Highway Sup't., Joseph Eggleston, to forward his comments and concerns of McLean Rd.'s speed limit. 19 NOVEMBER 03, 1999 TOWN BOARD MEETING PAGE 5 Mrs. Snyder explained she has prepared a certified copy of the Board's resolution along with the state application requesting the reduction of the speed limit on McLean Rd., to Mr. Eggleston. She will add a memo to Mr. Eggleston requesting he forward a copy of his comments -and concerns to the Town Clerk's office. Mrs. Snyder will then forward the results to Senator Seward and Assemblyman Luster. Councilman O'Donnell.made a motion, seconded by Councilman Pilato, to receive and file a letter dated August 23, 1999 from TPA Design Group associate, Valerie Ferro, to Cortland County Highway Sup't., Joseph Eggleston. All voting aye, the motion was carried. Ms. Ferro, representing residents from upper McLean Rd., stated several concerns regarding traffic problems on McLean Road. Councilman Rocco made a motion, seconded by.Councilman O'Donnell, to receive and file the 2000 Proposed Operating Budget for the Waste Water Treatment Plant. All voting aye, the motion was carried. Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and file the Cortland County Planning Department report regarding Century Group One, LLC.'s (Rudco Properties, Inc.), Conditional Permit and Aquifer Protection Permit. All voting aye, the motion was carried. Attorney Folmer apprised the Board a quorum was not held by the County Planning Board, regarding Century Group One's request, within the thirty day requirement. Subsequently, the County Planning Department forwarded their report to the Town Board without a recommendation from the County Planning Board. Attorney Folmer stated this is the first time he had seen this happen. RESOLUTION #224 SCHEDULE A PUBLIC HEARING FOR AN AQUIFER PROTECTION PERMIT SUBMITTED BY CENTURY GROUP ONE, LLC (RUDCO PROPERTIES, INC.) ON NOVEMBER 17, 1999 Motion by Councilman O'Donnell Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED BE IT RESOLVED, a Public Hearing shall be scheduled for November 17, 1999 at 5:00 p.m. regarding an Aquifer Protection Permit application submitted by Century Group One LLC. (Rudco Properties, Inc.), for property located .at Cortlandville Crossing Shopping Center, tax map #95.20-01-03.111. Councilman Testa made a motion, seconded by Councilman O'Donnell, to receive and file a letter dated October 26, 1999 from Gordon Reimels of the NYS DOT to Highway Sup't., Carl Bush.. All voting aye, the motion was carried. . The letter expressed appreciation to Mr. Bush for past cooperation and assistance given to the NYS DOT. RESOLUTION #225 RECEIVE LISTING OF WATER AND SEWER AGED ACCOUNTS FOR THE YEAR OF 1999 Motion by Councilman O'Donnell Seconded by Councilman Pilato VOTES: ALL AYE ADOPTED BE IT RESOLVED, the listing of water. and sewer unpaid aging accounts for the year of 1999 shall hereby be received and filed, as required. 168 NOVEMBER 03, 1999 TOWN BOARD MEETING PAGE 6 Attorney. Folmer apprised the Board .as he had spoken with Attorney James Murphy. Attorney Murphy represents Neighborhood Legal Services. The water in the mobile home park owned by Robert Bean will be turned off due to unpaid water bills. Attorney Folmer explained the town's procedure for water:shut off. Attorney Folmer also explained the history of Mr. Bean's unpaid bills and checks written to the town on insufficient funds. Attorney Murphy stated to Attorney Folmer he will contact Social Service and ingture if any direct rent, paid on behalf of a social service. recipient, is allocated for water service. If so, there is a possibility Social Service would pay that portion directly to the Town's Water Department to cover the bill. Attorney Folmer commented this would be an improvement. . Attorney Folmer continued to state if another bad check is received from Mr. Bean, he will have the check protested and Mr. Bean prosecuted. This has been a problem for years and will not be tolerated any longer. Supervisor Thorpe also related to the Board past problems with Mr. Bean. RESOLUTION #226 AUTHORIZE SUPERVISOR TO TRANSFER $37,749.66 FROM THE WATER FUND TO THE CAPITAL PROJECT FUND FOR COSTS OF THE. NYS ROUTE 13 WATER IMPROVEMENT PROJECT - 1999 Motion by Councilman Rocco Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED. WHEREAS, thebookkeeper has requested the transfer of funds from the Water Fund into the Capital Project Fund, therefore BE IT RESOLVED, the Supervisor is hereby authorize and directed to transfer $37,749.66 from the town's Water Fund to the Capital Project Fund to accommodate costs for the NYS Route 13 Water Improvement Project - 1999, and it is further RESOLVED, the town's Water Fund will be reimbursed when the project is bonded. RESOLUTION #227 AUTHORIZE SUPERVISOR TO TRANSFER $4,950.00 FROM THE SEWER FUND SURPLUS TO THE CAPITAL PROJECT FUND FOR COSTS OF HIGHLAND ROAD SEWER Motion by Councilman Rocco. Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED WHEREAS, the bookkeeper has requested the transfer of funds from the Sewer Fund Surplus into the Capital Project Fund, therefore BE IT RESOLVED, the Supervisor is hereby authorize and directed to transfer $4,950.00 from the town's. Sewer Fund Surplus to the Capital Project Fund to accommodate costs for the Highland Road sewer, and it is further RESOLVED, the town's Sewer Fund Surplus will be reimbursed when the project is bonded. Attorney Folmer apprised the Board of the status of four water and sewer projects being consolidated for one BAN. This .will be bought by Alliance Bank, with a 3.98% interest rate. Councilman Testa made a motion, seconded by Councilman Rocco, to receive and file a letter dated October 28, 1999, from Assemblyman, Martin Luster regarding,the traffic problems on McLean Road. All voting aye, the motion was carried. 166 NOVEMBER 03, 1999 TOWN BOARD MEETING PAGE 7 Councilman O'Donnell stated prior to this meeting, Highway Sup't., Carl Bush, had contacted him and Supervisor Thorpe regarding the Walden Oaks issues. Highway Sup't., Bush was unable to attend tonight's meeting due to a prior commitment. Mr. Bush did relay information to Councilman O'Donnell and Supervisor Thorpe regarding the Walden Oaks development. The grading has not been finished due to the season ending. The concerns of the Walden Oaks Neighborhood Association will be looked into further. Councilman Rocco made a motion, seconded by Councilman O'Donnell, to recess the Regular Meeting to an Executive Session to discuss acquisition of property. All voting aye, the motion was carried. The meeting was recessed at 8:35 p.m. The following information was received from the Supervisor's office. Councilman O'Donnell made a motion, seconded by Councilman Testa, to adjourn the Executive Session and reconvene to the Regular .Meeting. All voting aye, the motion was carried. No action was taken. Councilman O'Donnell made a motion, seconded by Councilman Rocco, to adjourn the regular meeting. All voting aye, the motion was carried. The meeting was adjourned at 9:45 p.m. Respectfully submitted,, C&'J Karen Q. Snyder Town Clerk Town of Cortlandville