HomeMy WebLinkAbout06-07-2000JUNE 07, 2000
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The Regular Meeting of the Town Board of the Town of CorQandville was held at
the Independent Baptist Church in Blodgett Mills, New York, 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 Q. Snyder
Others present were: Town Attorney, John Folmer; Water and Sewer Sup't., Pete
Alteri; Rev. Terry Majors, Minister of the Independent Baptist Church; Planning Board
member, Nick Renzi, Blodgett Mills Residents, Mrs. Shirley Breed, Mrs. Ed Pettet, Mrs.
Pat Breed, Mr. & Mrs. Angelo Cincotta, Barb Angell, Gary Henry, John & Jeana Sikora,
and Stephen Wilson.
Councilman Pilato made a motion seconded by Councilman Rocco, to receive and
file Town Planning Board Minutes 'of March 28, ' 2000. All voting aye, the motion was
carried.
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Motion by Councilman Rocco
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 #284 - 315
$18,365.29
General Fund B
52 - 65
$14,490.81
Highway Fund DB
176 - 196
$20,954.78
Water Fund
141 - 149
$68,683.08
Sewer Fund
78 - 88
$67,682.46
Capital Projects
24 - 26
$ 992.24
Supervisor Thorpe offered privilege of the floor to those into attendance.
Gary Henry, of West Hill Road Blodgett Mills, inquired into a town ordinance for
conducting Bingo games for a not -for -profit, organization.
Attorney Folmer explained that there are State Law registration requirements for
holding Games of Chance and Bingo in particular. The town has to keep records as
mandated by the State. The Town Clerk's office has the necessary paperwork to complete
the requirements at the local level. Town Clerk Karen Snyder agreed to look into
requirements necessary for an organization to conduct Bingo.
Councilman Testa questioned Attorney Folmer regarding the status of the proposed
three-day music festival.
Attorney Folmer explained an application was submitted for the use of the County
Fair grounds for a concert to be held June 30 - July 2. A $1,000,000. Certificate of
Insurance was provided. The Cortland County Ag. Corp. originally approved this
application and a sum of $400. was paid. The town does not require a ,permit if the
applicant is a not -for -profit organization charging no admission fee.
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JUNE 07, 2000 TOWN BOARD MEETING PAGE 2
An informational meeting was held June 1, 2000 at Town Hall with Attorney
Folmer, Supervisor Thorpe, Town Clerk Snyder and representatives from several other
county agencies. Also present was the promoter of the music festival, Nick Papatonis
along with his attorney. Mr. Papatonis explained his proposal at this time to all agencies
involved.
Attorney Folmer stated there are several unanswered questions regarding security,
safety, health conditions, noise, traffic and alcohol. The town does not have a local
ordinance to deal with this kind of situation. The Town Board may act on behalf of the
residents. Attorney Folmer requested an affidavit be signed by both Nicholas and Anthony
Papatonis stating this is a not -for -profit .event. This affidavit will document the town's
present ordinance does not apply.
Attorney Folmer read a portion of a letter forwarded to Papatonis' attorney, Mr.
Kheel. The letter stated that the town is seriously concerned with the lack of planning and
security. The town will assist the county and the City of Cortland to ensure this event will
run appropriately. If assurance is not given necessary steps will be taken.
Attorney Folmer requested permission to participate, on behalf of the town, in any
litigation commenced by the county or City of Cortland regarding the proposed music
festival.
RESOLUTION #108 AUTHORIZE TOWN ATTORNEY TO PARTICIPATE IN
LITIGATION. COMMENCED BY CORTLAND COUNTY
AND/OR THE CITY OF CORTLAND
IN REGARDS TO A PROPOSED MUSIC FESTIVAL
Motion by Councilman Rocco
Seconded by Councilman O'Donnell
VOTES: ALL AYE ADOPTED
WHEREAS, a request for a three-day music festival at.the Cortland County Fairgrounds
was made by promoter Nicholas Papatonis and approved by the Cortland County Ag.
Corp., and
WHEREAS, several concerns have not been addressed by the promoter regarding
security, health, sanitation and alcohol, as recommended by several Cortland County, City
of Cortland agencies, and
WHEREAS, litigation may commence to prohibit the festival from being held, therefore
BE IT RESOLVED, the Town Attorney is hereby authorized and directed to participate,
on behalf of the town, in any litigation commenced by Cortland County and/or the City of
Cortland involving the regulation or prohibition of a three-day music festival proposed for
June 30 - July 2, 2000 by promoter Nicholas Papatonis.
Supervisor Thorpe apprised the Board tickets were sold for a similar event by the
same promoters in Weedsport, NY. That event did not take place. The question is, will
these tickets already sold be honored at the proposed music event in Cortland?
Attorney Folmer also stated 15 - IS people would be staying overnight at the fair
grounds to secure equipment left by the musicians. According to CEO Bruce Weber a
permit for that number of people is not required. The same number of people are allowed
overnight at the Cortland County Jr. Fair to watch over the animals.
John Sikora of 3090 Chute Road inquired into procedures for security for a large
event on the fair grounds.
Attorney Folmer stated Cortland County Jr. Fair co-ordinates security between
Cortland County Sheriff's Department and the City of Cortland's Police Department. The
promoter of the music festival has not contacted the Sheriff's Department to arrange f or
security. The Sheriff's Department is short handed at this time and does not have the
manpower to cover this event. Attorney Folmer stated that there are too many unanswered
questions regarding law enforcement issues.
A discussion was held regarding revising the current town ordinance on this issue.
Attorney Folmer stated enacting an ordinance now to incorporate this event would
be selective enforcement. County Attorney Lawrence Knickerbocker will be seeking a
temporary restraining order. The documents should be presented to the judge within the
next few days. Once this is accomplished the Town Board could at that time review the
current ordinance.
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JUNE 07, 2000 TOWN BOARD MEETING PAGE 3
- Attorney Folmer stated the number of bands participating has declined from forty-
five to thirty with more continuing to drop out.
Monthly reports for the Supervisor and Town Clerk for May 2000 are on the table
for review and filed in the Town Clerk's office.
Patricia Breed of 3359 Kellogg Road, inquired into Wilford Dutcher's property on
the corner of Main Street and Maple Ave. in Blodgett Mills. Mrs. Breed expressed concern
over Mr. Dutcher spray painting cars. Also oil being leaked onto the ground.
Attorney Folmer stated a meeting might have- taken place years ago in regards to
Mr. Dutcher applying for a conditional permit through the Town Planning Board.
Attorney Folmer spoke with CEO Bruce Weber regarding zoning violations on this
property. CEO Weber reported to Attorney Folmer, based on his inspection of the
property, there are no violations at this time. CEO Weber is reviewing the Planning Board
minutes, investigating if any permit certificates were issued. He has not yet finished that
review.
Attorney Folmer stated he would contact the NYS DEC to investigate oil leaking
onto the ground.
Town Clerk, Karen Snyder, reminded the Board of a request by the Board of
Elections to move voting district 13 - 3 from the Town Hall to the new fire station on NYS
Route 13. Mrs. Snyder stated she has not received written notice but had verbal
confirmation that the Fire District has denied the request.'
Attorney Folmer reported:
BANS - Bond sale:
Attorney Folmer stated the consolidation of the town's BANS into one Bond for
$2,270,000. has been completed. The lowest bidder is Roosevelt -Cross. Attorney Folmer
requested permission for documents to be executed to accomplish the sale of these BANS
and award the Bond to Roosevelt -Cross.
RESOLUTION #109 AWARD BID OF PUBLIC IMPROVEMENT
Motion by Councilman Rocco
Seconded by Councilman Pilato
VOTES: ALL AYE- ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize the Supervisor to award the
bid of Public Improvement Bond - 2000 to Roosevelt & Cross, and it is further
RESOLVED, the Supervisor and Town Clerk are hereby authorized and directed to sign
all necessary documents.
Purchase of new steer skid f or the highway department:
Attorney Folmer apprised the Board of the Highway Sup't. request to purchase a
new skid steers loader from State BidList. It is permissible to purchase the new loader
from the Highway Reserve Fund as it has a life expectancy of more than five years. This
must be authorized subject to permissive referendum.
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JUNE 07, 2000 TOWN BOARD MEETING PAGE 4
RESOLUTION #110 RESCIND RESOLUTION #104 OF 2000 AND AUTHORIZE
HIGHWAY SUPERINTENDENT
TO PURCHASE A NEW SKID STEER LOADER WITH
ATTACHMENTS FROM STATE BID LIST
SUBJECT TO PFRMISSIVF REFERENDUM
Motion by Councilman Rocco
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
WHEREAS, a request was made by the Highway Sup't. to purchase a new skid steer
loader for $34,558.00 from the State Bid List, and
WHEREAS, the purchase of said loader would replace current rental fees each year of
several pieces of equipment, and
WHEREAS, sufficient funds are located in the Highway Equipment Reserve Fund for said
purchase, therefore
BE IT RESOLVED, the Town Board does hereby authorize the Highway., Sup't. to
purchase one new skid steer loader for $34,558.00 from the State Bid List, and it is further
RESOLVED, this resolution is adopted subject to Permissive Referendum as required by
law, and it is further
RESOLVED, Resolution #104 of 2000 is hereby rescinded.
Suit-Kote Corp.'s mining application:
Attorney Folmer stated NYS DEC is acting as lead agency in Suit-Kote Corp.'s
mining application for their Polkville facility. The DEC has issued a negative declaration
under SEQRA. The DEC also requires a NYS DEC mining permit. They issued their
preliminary report with thirty days for the town to respond with comments. CEO Bruce
Weber has drafted a letter expressing the comments and concerns of the Town and
Planning Boards.
Planning Board member, Nick Renzi stated CEO Weber eloquently expressed what
will happen if Suit-Kote is allowed to mine in Polkville.
A discussion was held concerning the hole that will be left after mining is
completed, along with concerns of sharp drop offs, which are not gradual like a lake.
RESOLUTION #111 AUTHORIZE SUPERVISOR TO CLOSE BLODGETT
MILLS PARK FUND AND TRANSFER $14,567.26
TOG ERAI FUND PART TOWN
Motion by Councilman Rocco
Seconded by Councilman Pilato
VOTES: ALL AYE ADOPTED
WHEREAS, the Blodgett Mills Park Project has been completed and paid by the operating
General Fund Part Town, and
WHEREAS, the bookkeeper has requested to close the Blodgett Mills Park Fund account
and transfer the $14,567.26 to the town's operating General Fund Part Town, therefore
BE IT RESOLVED, the Supervisor is hereby authorized and directed to close the Blodgett
Mills Park Fund account and transfer $14,567.26 to the operating General Fund Part Town.
Councilman Rocco expressed appreciation to Councilmen O'Donnell and Testa for
their dedication to creating the Blodgett Mills Park.
Pat Breed stated former Town Supervisor Mel Pierce and Highway Sup't., Carl
Bush, should also be recognized.
Councilman O'Donnell stated Highway Sup't. Bush wanted the residents of
Blodgett Mills to know the money raised by them for playground equipment is still
available. More funds are needed, as the equipment is approximately $6,000.
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JUNE 07, 2000
TOWN BOARD MEETING
PAGE 5
Councilman Testa shade a motion, seconded by Councilman O'Donnell, to receive
and file the recommended Cortlandville Code changes from the Town Planning Board for
the definition of manufactured homes, business zone changes and kennels. All voting aye,
the motion was carried.
Planning Board member Renzi requested the Planning Board receive a final version
of the code changes recommended, before the scheduled public hearing.
Attorney Folmer stated he could prepare the changes to the town's code for a public
hearing by July 5, 2000.
RESOLUTION #112 SCHEDULE A PUBLIC HEARING FOR THE TOWN OF
CORTLANDVILLE CODE CHANGES ON
MANUFACTURED HOMES, BUSINESS ZONES AND
KENNELS FOR TULY 5 ' 20000
Motion by Councilman Testa
Seconded by Councilman O'Donnell.
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, a Public Hearing shall be scheduled for July 5, 2000 at 7:00 p.m. for
code, changes on manufactured homes, business zones and kennels within the Town of
Cortlandville.
RESOLUTION #113 AUTHORIZE THE PARK ASSOCIATION USE OF
TOWN MEETING ROOM TO CONDUCT THEIR
ANNUAL MEETING ON JUNE 11, 200
Motion by Councilman Testa
Seconded by Councilman Pilato
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize the Park Association use of
the town meeting room to conduct their annualmeeting on June 11, 2000.
Attorney Folmer stated a purchase agreement for the sixteen -acre parcel on Starr
Road has been signed subject to Town Board approval.
PROPERTYRESOLUTION #114 AUTHORIZE THE ACQUISTION OF
Motion by Councilman Testa
Seconded by Councilman Rocco
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, Town Attorney Folmer is hereby authorized and directed to proceed
with the necessary requirements to acquire a 16-acre parcel on Starr Road owned by Gary
Law for a future town park with ball fields, and it is further
RESOLVED, the acquisition of said 16-acre parcel is hereby authorized for $35,000.
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JUNE 07, 2000 TOWN BOARD MEETING PAGE 6
RESOLUTION #115 REFER ZONE CHANGE REQUEST SUBMITTED
BY J. LEE: AMBRSOSE TO TOWN AND COUNTY
PLANNING BOARDS FOR THEIR REVIEW
AND RECOMMENDATIONS
Motion by Councilman O'Donnell
Seconded by Councilman Rocco
VOTES: ALL AYE . ADOPTED
BE IT RESOLVED, a Zone Change request submitted by J. Lee Ambrose, for his
property located at 3996 Kinney Gulf Rd., tax map #86.13-01-14.100, shall be forwarded
to the Town and County Planning Boards for their review and recommendation.
RESOLUTION #116 REFER AQUIFER PROTECTION PERMIT
APPLICATION OF ROYAL CHEVROLET OF CORTLAND
TO TOWN AND COUNTY PLANNING BOARDS
Motion by Councilman O'Donnell
Seconded by Councilman Rocco
VOTES: ALL AYE ADOPTED
BE IT RESOLVED,. the Aquifer Protection Permit application submitted by Royal
Chevrolet of Cortland for property located at 3888 NYS Route 281, tax map #86.17-01-
10.211, shall be referred to the Town and County Planning Boards for their review and
recommendations, and it is further
RESOLVED, the Town Board does hereby request .consideration be given to the input
from Cortland County Soil & Water Conservation Department if applicable.
RESOLUTION #117 AUTHORIZE ASSESSOR'S OFFICE APPLICATION
TO CLARITY CONNECT'S INTERNET SERVICE
FOR CREATION OF TOWN WEB SITE
Motion by Councilman Rocco
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
WHEREAS, a connection to the Internet is needed for the creation of a web site for the
town, and
WHEREAS, the Town Highway Department is presently utilizing .Clarity Connect Internet
Service for weather reports, therefore
BE IT RESOLVED, the Town Assessor is hereby authorized and directed to apply to
Clarity Connect's Internet Service, for the future implementation of a web site for the town.
RESOLUTION #118 AUTHORIZE SUPERVISOR TO SIGN LETTER TO
RALPH MANNA, JR. OF THE NYS DEC REGARDING
SUIT-KOTE CORP. MINING APPLICATION
Motion by Councilman Testa
Seconded by Councilman O'Donnell
VOTES: ALL AYE ADOPTED
WHEREAS, Suit-Kote Corp. has submitted a mining application for their Polkville facility
located in Cortlandville, and
WHEREAS, the NYS DEC as Lead Agency has determined a negative declaration under
SEQRA with Suit-Kote Corp. mining application, and
WHEREAS, the Cortlandville Town Board and Planning Board have thirty days to
respond to the Lead Agency NYS DEC expressing their concerns with the Suit-Kote
mining application, and
JUNE 07, 2000 TOWN BOARD MEETING PAGE 7
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WHEREAS, a letter has been drafted and reviewed by the Town Board and Planning
Board expressing their comments and concerns, therefore
BE IT RESOLVED, the Town Supervisor is hereby authorized and directed to sign said
letter to Ralph Manna Jr: of the NYS DEC requesting certain stipulations be adhered to as
per Town of Cortlandville Code in regards to Suit-Kote Corp. mining application for their
Polkville facility, and it is further
RESOLVED, the letter to Ralph Manna, Jr. is hereby received and filed.
RESOLUTION #119 AUTHORIZE SUPERVISOR TO TRANSFER $630.00
FROM THE SEWER SURPLUS FUND TO THE
HIGHLAND ROAD SEWER CAPITAL PROJECT FUND
Motion by Councilman Pilato
Seconded by Councilman Rocco
VOTES: ALL AYE ADOPTED
WHEREAS, the bookkeeper has requested a cash advance be transferred from the Sewer
Surplus Fund to the Capital Project Sewer Account for Highland Road Sewer, therefore
BE IT RESOLVED, the Supervisor is hereby authorized and directed to transfer $630.00
from the Sewer Surplus Fund to the Capital Project Sewer Account for Highland Road
Sewer, and it is further
RESOLVED, the Town Sewer Surplus Fund will be reimbursed when the Highland Road
Sewer Project is bonded.
A discussion was held regarding installing Road Runner through the local cable
company for the town's internet service provider. It was decided to stay with Clarity
Connect Internet Service Company as utilized by the Highway Department.
Privilege of the floor was offered to Mrs. Pettet of Blodgett Mills.
Mrs. Pettet referred to problems previously mentioned in tonight's meeting,
regarding the property on the corner of Main Street and Maple Ave. She stated she has
lived in Blodgett Mills for several years and feels this situation is causing a devaluation of
property within the Mills. Mrs. Pettet expressed her hope the Board will consider a
solution.
Supervisor Thorpe stated CEO Weber is looking for a solution.
A discussion was also held regarding town water and sewer being brought into
Blodgett Mills. Planning Board member Renzi commented a stand-alone well in Blodgett
Mills may be necessary but he is unsure of feasibility.
Councilman O'Donnell made a motion, seconded by Councilman Testa, to adjourn
the Regular Meeting. All voting aye, the motion was carried.
The meeting was adjourned at 8:10 p.m.
Respectfully submitted,
;Karen Q. Snyder
Town Clerk
Town of Cortlandville