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.
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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.
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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.
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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.
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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