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Home My WebLink About12-21-2005q.58 DECEMBER 21, 2005 5:00 P.M. TOWN BOARD MEETING The Regular Meeting of the Town Board of the Town of Cortlandville was held at the Raymond G. Thorpe Municipal Building, 3577 Terrace Road, Cortland, New York, with Supervisor Tupper presiding. Members present: Supervisor, Richard Tupper Councilman, Theodore Testa Councilman, Edwin O'Donnell Councilman, Ronal Rocco Councilman, John Proud Town Clerk, Karen Q. Snyder, RMC Others present were: Town Attorney, John Folmer; Highway Sup't. Carl Bush; Attorney Kelly Pronti from Harter, Secrest & Emery, LLP representing Wal-Mart; Steven Cleason, Engineer for APD Engineering representing Wal-Mart; Jo Schaffer from the City of Cortland Planning Commission; Representatives of C.A.P.E.: Grace Meddaugh, Ron Powell, Dr. Robert Rhodes, Dr. Arthur and Dr. Patricia Shedd, Jamie Dangler, and Arnold Talentino; Sharon Stevans from Channel 2, Access TV; and News Reporter, Jeremy Boylan from the Cortland Standard. Supervisor Tupper called the meeting to order. Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and file the Cortlandville Planning Board Minutes of August 30, 2005. All voting aye, the motion was carried. Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and file the Cortlandville Planning Board Minutes of September 27, 2005. All voting aye, the motion was carried. Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and file the Cortlandville Zoning Board of Appeals Minutes of August 30, 2005. All voting aye, the motion was carried. Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and file the Cortlandville Zoning Board of Appeals Minutes of September 27, 2005. All voting aye, the motion was carried. The Draft Town Board Minutes of December 7, 2005 were presented to the Board for their review. RESOLUTION #232 AUTHORIZE PAYMENT OF VOUCHERS — DECEMBER 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 #671 - 707 $ 20,672.99 General Fund B B145 - B149 $ 1,803.70 Highway Fund DB D488 - D511 $ 68,655.63 Water Fund W229 - W242 $ 12,940.31 Sewer Fund - 5113 - 5117 $ 2,658.63 Trust & Agency T15 - T15 $ 484.05 Capital Projects H116 - H120 $ 44,222.11 Supervisor Tupper offered privilege of the floor to those in attendance. Arnold Talentino, representing C.A.P.E., read a letter aloud addressed to the Board regarding the submission of the Draft Environmental Impact Statement (DEIS) for the proposed Super Wal-Mart PUD: C.A.P.E. requested the Board make a copy of the DEIS available to their Executive Board. q,59 DECEMBER 21, 2005 TOWN BOARD MEETING PAGE 2 Attorney Folmer stated it was his understanding that under the SEQRA regulations the DEIS is to be reviewed by the Town first. The Board has 45 days to review the DEIS and determine whether or not the document is complete. Once the DEIS is deemed complete the document would be available for public inspection and public comment. Attorney Folmer recommended that when the document is deemed complete the Board provide the C.A.P.E. Executive Board with a copy of the DEIS. Mr. Talentino questioned whether the public, or rather the C.A.P.E. Executive Board, would have the opportunity "to participate in the determination as to whether or not the document is complete." Attorney Folmer stated it was the Lead Agency's responsibility to make that determination. The Town's consultants would also assist in the determination. Attorney Folmer further commented that he considers C.A.P.E. to be an "interested agency" rather than an "involved agency." Mr. Talentino questioned when the 45-day period would begin, and whether the period was based on working days or calendar days. He also questioned what the process would be if the Board determined the DEIS incomplete. Attorney Folmer apprised Mr. Talentino that the 45-day period, which is based on calendar days, would begin December 22, 2005. If the DEIS is deemed incomplete it would be sent back to the applicant for revisions until the Board determines it to be complete. Attorney Kelly Pronti, representing Wal-Mart, apprised Mr. Talentino that after the DEIS is deemed complete by the Board, the public would have 30 days to review the DEIS and make comments. Dr. Robert Rhodes questioned whether the C.A.P.E. Executive Board would be notified when the DEIS is determined to be complete. Attorney Folmer apprised Dr. Rhodes that as soon as the DEIS is deemed complete the Board would receive and file the DEIS and a copy of the document would be made available to C.A.P.E. Councilman O'Donnell apprised the Board that Kay Zaharis, Director of the Cortland Free Library, thanked the Board for approving and increasing the library's budget for the year 2006. Councilman Rocco stated he was pleased that the City of Cortland increased their budget contribution for the year 2006 as well. The monthly report of the Town Supervisor for the month of November 2005 was on the table for review and is filed in the Town Clerk's Office. Town Clerk Snyder requested authorization to refund Ronal Rocco $90.47 for overpayment of his October 2005 water bill. Mr. Rocco was overcharged due to the fact that when his water meter was replaced it was installed incorrectly, which caused an error in the meter reading for water consumption. RESOLUTION #233 AUTHORIZE SUPERVISOR TO ISSUE REFUND TO RONAL ROCCO FOR OVERPAYMENT OF HIS OCTOBER 2005 WATER BILL Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE ADOPTED WHEREAS, it was brought to the Water & Sewer Superintendent's attention that account D175 for property located at 710 Bowling Green, was overcharged due to an error in the water meter reading, therefore BE IT RESOLVED, the Town Board does hereby authorize the Supervisor to issue a refund of $90.47 to Ronal Rocco, 710 Bowling Green, Cortland, New York, for overpayment of his October 2005 water bill. q,6v DECEMBER 21, 2005 TOWN BOARD MEETING PAGE Attorney Folmer reported: Article 78 Proceeding — C.A.P.E. et. al. vs. Town of Cortlandville et. al.: Attorney Folmer apprised the Board the litigation involving the Zoning Ordinance is now complete and pending before Judge O'Brien. Judge O'Brien provided Attorney Hoffman, representing C.A.P.E. with an additional two -week period to submit supplemental materials. Escrow Agreement Between Wal-Mart and the Town of Cortlandville: Attorney Folmer apprised the Board he was in receipt of the Escrow Agreement between Wal-Mart Real Estate Business Trust and the Town of Cortlandville. The agreement provides that the applicant would deposit $25,000 to pay for the consultant costs the Town will incur in connection with the review of the DEIS. In addition, the agreement provides that additional funds would be deposited assuming reasonable costs are incurred over $25,000. RESOLUTION #234 ACCEPT AND AUTHORIZE SUPERVISOR TO EXECUTE ESCROW AGREEMENT BETWEEN WAL-MART REAL ESTATE BUSINESS TRUST AND THE TOWN OF CORTLANDVILLE TOWN BOARD FOR THE PROPOSED WAL-MART SUPERCENTER Motion by Councilman Rocco Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby accept the Escrow Agreement between Wal-Mart Real Estate Business Trust and the Town of Cortlandville Town Board to be used to compensate the Town for costs incurred for review of the Draft and/or Final Environmental Impact Statement (EIS) for the proposed Wal-Mart Supercenter, and it is further RESOLVED, the Supervisor is hereby authorized and directed to execute the agreement. RESOLUTION #235 ESTABLISH SCHEDULE OF TOWN BOARD MEETINGS FOR THE YEAR OF 2006 Motion by Councilman Rocco Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, the regular meetings of the Town Board of the Town of Cortlandville shall be held at the Raymond G. Thorpe Municipal Building, 3577 Terrace Road, Cortland, New York on the first Wednesday of each month at 7:00 p.m., and the third Wednesday of each month at 5:00 p.m., with the exception of the months of January, February and March, in which the meetings will be held at 5:00 p.m. If such day should fall on a holiday, the meeting shall be held the next business day, and it is further RESOLVED, the May 3, 2006 meeting will be held at the Community Building in the Village of McGraw, and the June 7, 2006 meeting will be held at the Blodgett Mills Independent Baptist Church in Blodgett Mills, both held at 7:00 p.m., and it is further RESOLVED, the Town Clerk shall have the meeting schedule posted in the newspaper in Legal Notice form. 1 DECEMBER 21, 2005 TOWN BOARD MEETING PAGE 4 RESOLUTION #236 APPROVE HOLIDAY SCHEDULE 2006 Motion by Councilman Rocco Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Following Holiday Schedule for the year 2006 is hereby approved as follows: New Years Day (day after) Monday January 2, 2006 Martin Luther King Jr.'s Birthday Monday January 16, 2006 President's Day Monday February 20, 2006 Good Friday Friday April 14, 2006 Memorial Day Monday May 29, 2006 Independence Day Tuesday July 04, 2006 Labor Day Monday September 04, 2006 Columbus Day Monday October 09, 2006 Election Day Tuesday November 07, 2006 Veterans Day Friday November 10, 2006 Thanksgiving Day Thursday November 23, 2006 Friday November 24, 2006 Christmas Day Monday December 25, 2006 RESOLUTION #237 AUTHORIZATION TO PARTICIPATE IN THE "HOLIDAY ON ICE" PROGRAM WITH CORTLAND YOUTH BUREAU FOR THE 2005 HOLIDAY SEASON Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE ADOPTED WHEREAS, a request was received from the Cortland Youth Bureau, asking the Town to participate again this year in the Cortland "Holiday on Ice" program, therefore BE IT RESOLVED, the Town Board does hereby desire participation in the "Holiday on Ice" program for the 2005 Holiday Season, and does hereby authorize paying the suggested amount of $275.00 to accomplish the program. RESOLUTION #238 AMEND 2005 BUDGET AND AUTHORIZE SUPERVISOR TO TRANSFER $200,000.00 FROM GENERAL FUND SURPLUS TO THE TOWN HALL CAPITAL RESERVE FUND FOR THE EXPANSION OF THE RAYMOND G. THORPE MUNICIPAL BUILDING Motion by Councilman O'Donnell Seconded by Councilman Proud VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Supervisor is hereby authorized and directed to transfer $200,000.00 from General Fund A Surplus (A201) to the Town Hall Capital Reserve Fund (A231) for the expansion of the Raymond G. Thorpe Municipal Building, and it is further RESOLVED, the 2005 Budget is hereby amended. Councilman Rocco made a motion, seconded by Councilman Proud, to receive and file correspondence from Supervisor Tupper to Carl F. Ford, P.E., Acting Regional Director of the New York State Department of Transportation, dated December 12, 2005, regarding the drainage along NYS Route 281 and Bell Drive. All voting aye, the motion was carried. DECEMBER 21, 2005 TOWN BOARD MEETING PAGE 5 Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and file correspondence from Robert Gawrelski, NYS Office of Real Property Services, dated December 7, 2005, regarding the 2005 Triennial Aid Certification, and the Town's aid payment of $19,100.00 for the reassessment on the 2005 roll. All voting aye, the motion was carried. RESOLUTION #239 ACKNOWLEDGE RECEIPT OF THE WAL-MART SUPERCENTER DRAFT ENVIRONMENTAL IMPACT STATEMENT (DEIS) Motion by Councilman Proud Seconded Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby acknowledge receipt of the Wal-Mart Supercenter Draft Environmental Impact Statement (DEIS), for property located off NYS Route 13, tax map #105.00-01-22.211. RESOLUTION #240 AUTHORIZE HIGHWAY SUP'T. TO PURCHASE A NEW SINGLE AXLE DUMP TRUCK WITH PLOW AND SANDER FROM THE STATE BID Motion by Councilman O'Donnell Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby authorize and direct Highway Sup't. Carl Bush, to purchase a new single axle dump truck with plow and sander from the State Bid list in an amount not to exceed $140,000. Councilman O'Donnell made a motion, seconded by Councilman Rocco, to receive and file the project packet for the proposed Walgreens. All voting aye, the motion was carried. There was a brief discussion regarding the speed limit on NYS Route 13. Supervisor Tupper apprised those in attendance that Deputy Supervisor Testa recently sent correspondence to Assemblywoman Lifton and Senator Seward asking for their assistance in lowering the speed limit on NYS Route 13. Consequently, the NYS Department of Transportation conducted an onsite inspection for speed along NYS Route 13 and reported that the current speed limit is appropriate. For the time being the NYS Police and the Sheriffs Department have agreed to target the NYS Route 13 area for enforcement of the speed limit. Supervisor Tupper stated the Town would continue to pressure the NYS DOT to reduce the speed limit along the highway. Councilman Proud commented that another issue is the lighting at the intersection of NYS Route 13 and McLean Road/Starr Road, and pedestrians crossing the busy highway. Supervisor Tupper commented that a solution would be to install sidewalks along NYS Route 13 from the City of Cortland thru the Town of Cortlandville. Councilman Rocco made a motion, seconded by Councilman Testa, to receive and file correspondence from Carl F. Ford, P.E., Acting Regional Director for the NYS Department of Transportation, to Asssemblywoman Barbara Lifton, dated December 14, 2005, regarding the Town's request to conduct another review of the speed limit of NYS Route 13. All voting aye, the motion was carried. Zf� 3 DECEMBER 21, 2005 TOWN BOARD MEETING PAGE 6 RESOLUTION #241 ACKNOWLEDGE PROCEDURES AND FINDINGS REPORT FROM CIASCHI, DIETERSHAGEN, LITTLE, MICKELSON & COMPANY, LLP REGARDING THE TOWN'S WATER & SEWER REVENUES Motion by Councilman Rocco Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Procedures and Findings Report from Ciaschi, Dietershagen, Little, Mickelson & Company, LLP regarding the Town of Cortlandville's water and sewer revenues is hereby acknowledged and shall be received and filed. RESOLUTION #242 APPROVE APPLICATIONS FOR THE BLODGETT MILLS TARGET AREA REHABILITATION Motion by Councilman Proud Seconded by Councilman Rocco VOTES: Councilman Testa Aye Councilman Rocco Aye Councilman Proud Aye Councilman O'Donnell Abstain ADOPTED BE IT RESOLVED, the Town Board does hereby approve four applications for the Blodgett Mills Target Area Rehabilitation according to the list submitted by Thoma Development Consultants. Supervisor Tupper apprised the Board that he and Councilman Testa met with James Trasher from Clough, Harbour & Associates regarding the Cortlandville Starr Road Park & Recreation Center. Clough, Harbour & Associates notified the Supervisor that they are prepared to begin the next phase of the park project during Spring 2006, and requested authorization to proceed. The next two phases would include the construction of two little -league fields, an all- purpose field, and a parking lot for approximately $395,000.00. Supervisor Tupper apprised the Board he met with Bernie Thoma, of Thoma Development Consultants, who informed him that there are grants available for the Starr Road Park project. Thoma Development Consultants requested authorization to proceed with the grant application. RESOLUTION #243 AUTHORIZE CLOUGH, HARBOUR & ASSOCIATES TO PROCEED WITH PLANS FOR PHASE II OF THE CORTLANDVILLE STARR ROAD PARK & RECREATION CENTER Motion by Councilman Testa Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby authorize and direct Clough, Harbour & Associates to proceed with Phase II of the Cortlandville Starr Road Park & Recreation Center. RESOLUTION #244 AUTHORIZE THOMA DEVELOPMENT CONSULTANTS TO COMMENCE PROCEDURE FOR A GRANT FOR THE CORTLANDVILLE STARR ROAD PARK & RECREATION CENTER Motion by Councilman Testa Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED DECEMBER 21, 2005 TOWN BOARD MEETING PAGE 7 BE IT RESOLVED, the Town Board does hereby authorize and direct Thoma Development Consultants to commence procedure for a grant for the Cortlandville Starr Road Park & Recreation Center for Phase II. No further comments or discussion were heard. Councilman Rocco made a motion, seconded by Councilman Testa, to recess the Regular Meeting to an Executive Session. All voting aye, the motion was carried. The meeting was recessed at 5:30 p.m. The following information was received from the Supervisor's office. Councilman Rocco 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 Rocco made a motion, seconded by Councilman Testa, to adjourn the Regular Meeting. All voting aye, the motion was carried. The meeting was adjourned at 5:45 p.m. Respe tfully submitted, a Karen Q. Snyder, RMC Town Clerk Town of Cortlandville 1