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HomeMy WebLinkAbout06-07-2000JUNE 07, 2000 VA1113 aky, 76 1 1 1 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. 1 �� 1 k: 1 �.1. 1. _' M80 ►M I 1 41t 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. 262 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. 1 E 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. 264 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. 265 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. 21 6 6 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 7 267 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