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Home My WebLink About02-16-2000FEBRUARY 16, 2000 5:00 P. M. 215 1 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: Absent: Supervisor, Raymond Thorpe Councilman, Theodore Testa Councilman, Edwin O'Donnell Town Clerk, Karen Q. Snyder Councilman, Ronal Rocco Councilman, John Pilato Others present were Town Attorney, John Folmer; Highway Sup't. Carl Bush; Water and Sewer Sup't. Peter Alteri; town employees, Patty O'Mara and Peggy Capps; and News Reporter, Chris Nolan. Supervisor Thorpe called the meeting to order. Councilman O'Donnell made a motion, seconded by Councilman Testa, to approve the Town Board Minutes of November 3 & 17, 1999. as written. All voting aye, the motion was carried. Councilman Testa made a motion, seconded by Councilman O'Donnell, to receive and file Town Zoning Board of Appeals Minutes of October 26 & November 30, 1999. All voting aye, the motion was carried. Councilman Testa made a motion, seconded by Councilman O'Donnell, to receive and file Town Planning Board Minutes of November 30, 1999. All voting aye, the motion was carried. RESOLUTION #51 AUTHORIZE PAYMENT OF VOUCHERS-FEBRUARY 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 #66 - 93 $15,208.69 General Fund B 15 - 17 $ 179.41 Highway Fund DB 44 - 65 $27,006.71 Water Fund 40 - 60 $70,071.24 Sewer Fund 18 - 27 $99,472.83 Capital Projects 10 $ 12.35 Supervisor Thorpe offered privilege of the floor to those in attendance. Councilman Testa opened a discussion regarding the installation of a traffic light at the intersection of NYS Route 281 and Luker Road. Borg-Warner will be establishing a new business on Luker Road creating more traffic in the area. Highway Sup't. Carl Bush, stated the NYS DOT has plans for reconstruction in that area. It was decided the Supervisor would write a letter to the NYS DOT expressing the Board's concerns and recommendation of a traffic light at the Luker Road and NYS Route 281 intersection. It. was also decided to forward a copy of this letter to Senator Seward and Assemblyman Luster. FEBRUARY 16, 2000 TOWN BOARD MEETING PAGE 2 RESOLUTION #52 AUTHORIZE SUPERVISOR TO WRITE A LETTER TO NYS DOT REQUESTING THE INSTALLATION OF A TRAFFIC SIGNAL AT THE INTERSECTION OF NYS ROUTE 281 AND LUKER ROAD Motion by Councilman Testa Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED WHEREAS, Borg-Warner will be establishing a business on Luker Road in the Town of Cortlandville, and WHEREAS, the Town Board has expressed concern for the expected increase of traffic flow within said area, therefore BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor- to write a letter to the NYS Department. of Transportation requesting the installation of a traffic signal at the intersection of NYS Route 281 and Luker Road, and it is further - RESOLVED, a copy of said letter shall be forwarded to Senator James Seward and Assemblyman Martin Luster. Monthly reports for Supervisor, Justice, Town Clerk, and SPCA for January 2000, are on the table for review and filed in the Town Clerk's office. Town Clerk, Karen Snyder, submitted Town Board Minutes of December 01 & 17, 1999 and January 05, 2000. Also submitted was information regarding the Town Clerk conference to be held at Saratoga Springs, NY this year from April 30 - May 3. RESOLUTION #53 AUTHORIZATION FOR TOWN CLERK KAREN SNYDER TO ATTEND THE 18TH ANNUAL NYSTCA CONFERENCE Motion by Councilman Testa Seconded by Councilman O'Donnell VOTES: ALL AYE. ADOPTED BE IT RESOLVED, Town Clerk Karen Snyder, is hereby authorized to attend the New York State Town Clerk Association Conference to be held at Saratoga Springs, NY from April 30, 2000 - May 3, 2000. Councilman O'Donnell, made a motion, seconded by Councilman Testa, to receive and file a letter from Walden Oaks Country Club, advising of their intent to renew their liquor license at 3369 Walden Oaks Blvd., Cortland, New York. All voting aye, the motion was carried. Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and file correspondence from the NYS DOT regarding the Walden Oaks subdivision. All voting aye, the motion was carried. The NYS DOT will be conducting a formal investigation into the speed limit in the Walden Oaks subdivision. Attorney Folmer reported: BANS: Attorney Folmer apprised the Board of paperwork in need of Supervisor Thorpe's signature to renew a BAN. He explained the percentage rate of 4.40% for the renewal of the February 18, 1998 BAN. After investigating area rates, the 4.40% rate is the most favorable. This BAN renewal will be sold during the year as part of a large Bond. 217 FEBRUARY 16, 2000 TOWN BOARD MEETING PAGE 3 Attorney Folmer asked for an executive session following tonight's meeting to discuss pending litigation. Blodgett Mills apartment house: Attorney Folmer stated an apartment house in Blodgett .Mills, owned by Lowell Kraft, is on the market through Hage Real Estate. Attorney Folmer wrote to Nab Hage owner of Hage Real Estate. Attorney Folmer suggested Mr. Hage check with the town's Code Enforcement Officer Bruce Weber, regarding compliance with zoning issues before signing any contract to this properly. Nab Hage expressed his appreciation for the inf ormation. Panzanella Appeal: Attorney Folmer stated the Panzanella's have taken the first step to perfect their appeal to the Appellate Division regarding Suit-Kote's rezoning on Route 13. Attorney Folmer went on to explain the appeal process to the Board. Supervisor Thorpe commented on summer hours for Town Hall employees. Current summer hours are 9-4 with a hour lunch. The proposal for summer hours is 9 - 4 with a half hour lunch. The other option would be keeping the hours 9 - S year round. It was decided to table any action until a full Board is present. Councilman O'Donnell stated he and Councilman Testa met with the Town Hall employees and they are in agreement with the 9 - 4 with a half hour lunch for summer hours. Attorney Folmer staled receiving and filing recommendations from the County Planning Board, regarding Suit-Kote's Aquifer Protection Permit request., is acceptable. Forwarding this Aquifer Protection Permit request to the County Planning Board for their recommendations two weeks ago, was an administrative act. and is not taking action on the permit request. According to SEQRA regulations, no agency can take any action on a request before the lead agency has made their report. Supervisor Thorpe read aloud the recommendations from the County Planning Board. The County has tabled any action on this request until a decision is made by the DEC, lead agency for Suit-Kote's request. Attorney Folmer stated the County Planning Board is still working on this request. The Town Board can take no action until the DEC has finished their report. Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and file recommendations from the Cortland County Planning Department regarding an Aquifer Protection Permit application of Suit-Kote for their property located in the Polkville area. All voting aye, the motion was carried. Councilman Testa made a motion, seconded by Councilman O'Donnell, to receive and file recommendations from the County Planning Department regarding an Aquifer Protection Permit request for Whelan and Curry Construction Services for property located at Route 13 and Lime Hollow Road. All voting aye, the motion was carried. Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and file recommendations from the County Planning Department regarding an Aquifer Protection Permit request for Whelan and Curry Construction Services for property located at NYS Route 281 and NYS Route 222. All voting aye, the motion was carried. Attorney Folmer inquired if the Town Planning Board had responded to Whelan & Curry's two Aquifer Protection Permit requests? Adding upon receipt of their recommendations a Public Hearing would then be set. Discussion of the Excellus Benefit Plan was tabled due to the absence of Councilman Rocco. H 8 FEBRUARY 16, 2000 TOWN BOARD MEETING PAGE 4 A discussion was held with Highway Sup't.. Carl Bush, concerning the purchase of a new lawn mower from the State Bid List. RESOLUTION #54 AUTHORIZE HIGHWAY SUPT. TO PURCHASE A NEW LAWN MOWER FOR THE CORTLANDVILLE PARKS FROM STATE BID LIST Motion by Councilman Testa Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby authorize the Highway Supt. to purchase one new lawn mower for Cortlandville parks, not to exceed $8,200, from the State Bid list, and it is RESOLVED, this shall be a replacement for an existing mower. Supervisor Thorpe apprised the Board of a request from James Dugan of MacBean Lane. Mr. Dugan is requesting a refund of his Water Benefit Tax as he has a vacant lot on MacBean Lane with footage of 117'. He was charged a benefit tax of 1.60 un. He should of been charged 1.20 uM, which would equate to his frontage. Mr. Dugan's vacant lot is not connected to town water. The increase in his benefit tax was due to a clerical error. RESOLUTION #55 AUTHORIZE THE REDUCTION OF THE WATER BENEFIT TAX UNIT CHARGE FOR JAMES DUGAN FOR PROPERTY LOCATED ON MACBEAN LANE A VACANT LOT AND ISSUE A REFUND Motion by Councilman Testa Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED 'vVHEREAS, a request has been made by James Dugan to reduce his water benefit tax on parcel #95.00-02-11.000, a vacant lot located on MacBean Lane, in the town and WHEREAS, Town Assessor, David Briggs, has reviewed Mr. Dugan's request and has recommended the water benefit tax be changed from the current 1.6 units to 1.2 units, as the property is a vacant lot with only 117' of frontage, therefore BE IT RESOLVED, the Town Board does hereby authorize the reduction of the water benefit tax units for James Dugan to 1.20, and it is further RESOLVED, a refund of $40.22 shall be issued when the 2000 Town & County tax bill is paid. Councilman Testa made a motion, seconded by Councilman O'Donnell, to recess the Regular Meeting to an Executive Session to discuss pending litigation and a personnel matter. All voting aye, the motion was carried. The meeting was recessed at 5:18 p.m. The following information was received from the Supervisor's office. Councilman Testa made a motion, seconded by Councilman O'Donnell, to adjourn the Executive Session and reconvene to the Regular Meeting. All voting aye, the motion was carried. FEBRUARY 16, 2000 TOWN BOARD MEETING PAGE 5 7►9 RESOLUTION #56 AUTHORIZE WATER AND SEWER SUPERINTENDENT TO CONTRACT WITH AN ENGINEERING FIRM FOR THE DESIGN OF A NEW MUNICIPAL BUILDING Motion by Councilman Testa Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED WHEREAS, Water & Sewer Sup't. Peter Alteri received three quotes for the design of a new water & sewer building to be located at. 3577 Terrace Rd., and WHEREAS, the three estimates are listed below: MacNeil - Tagg Engineers $21,750. MAS Engineering $23,000. Resource Associates $26,280., therefore BE IT RESOLVED, the Town Board does hereby authorize and direct the Water & Sewer Sup't. to contract with MacNeil - Tagg Engineers to design a new water & sewer building, and it is further RESOLVED, services rendered by MacNeil - Tagg Engineers will not exceed $21,750. RESOLUTION #57 AUTHORIZE TOWN ATTORNEY TO SETTLE CERTIORARI PROCEEDINGS REGARDING DR LEE J AMBROSE'S PROPERTIES Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby authorize and direct the Town Attorney to settle certiorari proceedings regarding Dr. Lee J. Ambrose's properties. Councilman Testa 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 6:15 p.m. 1 Respectfully submitted, 4 Karen Q. Snyder Town Clerk Town of Cortlandville