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Home My WebLink About12-17-2003312 DECEMBER 17, 2003 5:00 P.M. TOWN BOARD MEETING The Regular Meeting of the Town Board of the Town of Cortlaildville was held at the Town Hall, 3577 Terrace Road, Cortland, 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; Highway Sup't. Carl Bush; Water & Sewer Sup't. Peter Alteri; James Trasher of Clough, Harbour & Associates; Planning Board member, Nick Renzi; Robert Rhodes; Peggy Fritton; and Jamie Dangler. Supervisor Thorpe called the meeting to order. RESOLUTION #222 AUTHORIZE PAYMENT OF VOUCHERS - DECEMBER 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 #605 - 647 17,518.07 General Fund B B95 - B97 6,265.55 Highway Fund DB D452 - D479 47,110.87 Water Fund W235 - W245 S; 6,832.88 Sewer Fund S 102 - S 104 1; 2,281.71 Capital Projects H133 - H138 $ 1,848.56 Supervisor Thorpe offered privilege of the floor to those in attendance. Peggy Fritton of 3992 Woodside Road asked the Board for an update regarding the Highland Road Area Sewer Extension Project — 2003. Attorney Folmer apprised Ms. Fritton the Bonding Resolution was adopted and was published in the local newspaper. The twenty -day period for people to object to the adoption of the resolution expired on December 14, 2003. No petitions were filed, therefore the Bonding Resolution is in place. Town Engineer, Hayne Smith has been in contact with the State of New York regarding the 0% financing which may be available to the Town. Initially, it was believed that the process would take until September or October of 2004 to get in motion. In further conversations with the State, it was discovered that the State was looking at the file for the City of Cortland rather than the Town. The Town's paperwork is already with the State and is being processed. Attorney Folmer explained that the financing part of the project was also in place. According to Attorney Folmer, the Town Engineer was in the process of getting ready to go out to bid. Also, Attorney Folmer begun looking at the process by which the Town would condemn parcels that they are not able to get signed easements for. He also informed those in attendance that he had a meeting scheduled with the attorney of one property owner who is reluctant to sign an easement. Attorney Folmer apprised those in attendance that Engineer Smith was in the midst of preparing a letter to be mailed out to property owners involved in the Highland Road Sewer Extension Project. 1 1 3/3 DECEMBER 17, 2003 TOWN BOARD MEETING PAGE 2 Ms. Fritton questioned how many people would not give the Town the right-of-way. Attorney Folmer stated there were approximately four people who would not sign an easement. One person was delaying because he was not certain of the terms of their easement. Another person lives out of Town and needs to review the paperwork, while there are two more people who are entrenched and will not sign their easements. Ms. Fritton questioned whether the eminent domain process could be completed by February, which was the month that the Board stated the project could go out to bid. Attorney Folmer stated he did not think there would be any major delays in the project at this point in time. Councilman Rocco commented that there were some people who came forward after the Public Hearing and signed easements to make sure that they weren't holding up the project. No further comments or discussion were heard. Monthly reports for the Supervisor and SPCA for the month of November 2003, and for the Justice for the months of October and November 2003, are on the table for review and filed in the Town Clerk's office. Attorney Folmer requested the Board discuss item H-16 of the agenda regarding referring the Wellhead Protection and Zoning Text Amendment to the Town and County Planning Boards and the Town Zoning Board of Appeals. Attorney Folmer apprised the Board the Wellhead Protection ordinance was not ready to be forwarded to such boards, and requested it be taken off the agenda. Supervisor Thorpe asked the Board to direct their attention to item H-16 of the agenda. Attorney Folmer stated an Ad -Hoc Committee worked for the past several months to suggest to the Board some revisions to the Zoning Ordinance, particularly for the NYS Route 281/13 Corridor. He apprised the Board he had the recommendations of the committee, which would be provided to the Board, Planning Board, and the Zoning Board of Appeals, as well as the County Planning Board for their recommendations. The cut-off date for submission to the County Planning Board is January 2, 2004. Attorney Folmer hoped the Board would receive comments from the County Planning Board after their January 2004 meeting. Attorney Folmer apprised the Board the revisions made to the Zoning Ordinance were made not looking at the next thirty days, but rather the next ten years or longer. He hoped that when the Board reviewed the recommendations and made their comments that they recognize that this is a long-term zoning arrangement. He also hoped the Board would recognize whether the zoning amendments would work to accomplish the things set forth in the Land Use and Aquifer Protection Plan such as: (1) the safety of the aquifer; (2) a pleasant entranceway to the Town. Attorney Folmer requested the Board forward the Zoning Text Amendment to the Town and County Planning Boards and to the Town Zoning Board of Appeals. RESOLUTION #223 REFER ZONING TEXT AMENDMENT TO THE TOWN AND COUNTY PLANNING BOARDS AND THE TOWN ZONING BOARD OF APPEALS FOR THEIR REVIEW AND RECOMMENDATIONS Motion by Councilman Testa Seconded by Councilman Pilato VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Zoning Text Amendment shall be referred to the Town and County Planning Boards and to the Town Zoning Board of Appeals for their review and recommendations. Planning Board member Nick Renzi apprised the Board he was proud to be involved in the project. He stated the Zoning Text Amendment is a plan for the future, always keeping in mind the health and well-being of the people in the Town and the preservation of the Aquifer. He stated the Aquifer is also important for the economic health of the people in the area, since corporations such as Pall Trinity Corp. rely on water and cannot make its product without it. Mr. Renzi encouraged the Board to read the recommendations carefully. 3 I � DECEMBER 17, 2003 TOWN BOARD MINUTES PAGE 3 Attorney Folmer Reported: Deed from Alexander Trust: Attorney Folmer reminded the Board they agreed to purchase the small parcel of land from the Alexander Trust on Hoxie Gorge Road. The Deed was recorded with the County Clerk, together with the Abstract of Title. Attorney Folmer stated he would deliver the final Deed and the Abstract of Title, and asked that Town Clerk Snyder acknowledge receipt of the documents by signing a copy of Attorney Folmer's letter to complete his file. Wellington Drive and Beechwood Lane Road Dedications: Attorney Folmer reminded the Board about the conveyances of roads from Barden & Robeson to the Town, including the extension of Wellington Drive and a temporary turn -around easement, and the road dedication of Beechwood Lane. He apprised the Board that he and Highway Sup't. Carl Bush discussed the conveyances and decided they were appropriate. Attorney Folmer requested Supervisor Thorpe accept the conveyances. RESOLUTION #224 ACCEPT CONVEYANCES FROM BARDEN & ROBESON FOR WELLINGTON DRIVE, BEECHWOOD LANE AND A TEMPORARY TURNAROUND EASEMENT FOR WELLINGTON DRIVE Motion by Councilman Rocco Seconded by Councilman Testa VOTES: ALL AYE ADOPTED WHEREAS, the Town Board accepted the extension of Wellington Drive per Resolution #211 of November 19, 2003; accepted the road dedication of Beechwood Lane per Resolution #212 of November 19, 2003; and accepted the temporary turnaround easement for Wellington Drive per Resolution #213 of November 19, 2003, all subject to Town Attorney and Highway Sup't. approval, and WHEREAS, the Town Attorney and Highway Sup't. agreed that such conveyances to the Town were appropriate, therefore BE IT RESOLVED, the Supervisor is hereby authorized and directed to accept such conveyances on behalf of the Town from Barden & Robeson. Masciarelli Construction Co. Attorney Folmer apprised the Board the Town received notice from the New York State Department of Labor that they were investigating the Masciarelli Construction Co., Inc. In the Petition the Town received, it was alleged that Masciarelli Construction Co., Inc. was not paying prevailing wages and had in effect falsified payroll records in connection with payments on the project completed for the Town. Attorney Folmer apprised the Board he wrote to the New York State Department of Labor and questioned what the Town should do with the notice. The Town is riot required to take any action in the matter unless the Town had something outstanding with regard to the project. Attorney Folmer indicated to the NYS Dept. of Labor that the Town had litigation about the matter, which had been settled, and the settlement had been paid. If the NYS Dept. of Labor required anything further from the Town they would contact Attorney Folmer. Councilman Rocco questioned whether Masciarelli Construction Co., Inc. was prohibited from accepting jobs or submitting bids for projects. Attorney Folmer apprised the Board that Masciarelli Construction Co., Inc. could submit a bid, but the Town had an obligation to accept the lowest bid from the responsible and responsive bidder. How the Town decides who is a responsible bidder is a matter of judgment. 1 31S- DECEMBER 17, 2003 TOWN BOARD MEETING PAGE 4 RESOLUTION #225 ACKNOWLEDGE RECEIVING "NOTICE OF HEARING AND DESIGNATION OF HEARING OFFICER" Motion by Councilman Rocco Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby acknowledge, by receiving and filing, the "Notice of Hearing and Designation of Hearing Officer," regarding Masciarelli Construction Co., Inc. RESOLUTION #226 ESTABLISH SCHEDULE OF TOWN BOARD MEETINGS FOR THE YEAR OF 2004 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 Town Hall, 3577 Terrace Road, Cortland, New York on the first Wednesday of each month at 7:00 p.m. with the exception of January 07, 2004 and February 04, 2004, to be held at 5:00 p.m., and the third Wednesday of each month 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 05, 2004 meeting will be held in the Village of McGraw at the Community Center, and the June 02, 2004 meeting will be held in Blodgett Mills at the Blodgett Mills Independent Baptist Church, 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. RESOLUTION #227 APPROVE HOLIDAY SCHEDULE 2004 Motion by Councilman O'Donnell Seconded by Councilman Pilato VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Following Holiday Schedule for the year 2004 is hereby approved as follows: New Year's Day Thursday January 01, 2004 Martin Luther King Jr.'s Birthday Monday January 19, 2004 Washington's Birthday Monday February 16, 2004 Good Friday Friday April 09, 2004 Memorial Day Monday May 31, 2004 Independence Day (Sunday) Monday July 05, 2004 Labor Day Monday September 06, 2004 Columbus Day Monday October 11, 2004 Election Day Tuesday November 02, 2004 Veterans Day Thursday November 11, 2004 Thanksgiving Day Thursday November 25, 2004 Friday November 26, 2004 Christmas Eve Day Friday December 24, 2004 New Years Eve Day Friday December 31, 2004 316 DECEMBER 17, 2003 TOWN BOARD MEETING PAGE 5 RESOLUTION #228 ADOPT NEW PAY SCHEDULE OF 2004 Motion by Councilman Rocco Seconded by Councilman O'Donnell VOTES: Supervisor Thorpe Aye Councilman Testa Aye Councilman O'Donnell Aye Councilman Rocco Aye Councilman Pilato Aye ADOPTED BE IT RESOLVED, the Town Board does hereby adopt the new pay schedule for 2004 for Town clerical employees as follows: DEP. DEP. DEP. BOOKKEEPER SECRETARY W/S DEPT. CLERK CLERK CLERK SECRETARY # 1 #2 #3 (40HRS/WK) HIRE $26,609 $25,034 $21,300 $26,708 $21,300 $27,335 WAGE STEP A $28,065 $26,490 $22,756 $28,164 $22,756 $28,791 (+1456) STEP B $29,339 $27,764 $24,030 $29,438 $24,030 $30,065 (+1274) STEP C $30,431 $28,856 $25,122 $30,530 $25,122 $31,157 (+1092) STEP D $31,341 $29,766 $26,032 $31,440 $26,032 $32,067 (+910) STEP E $32,069 $30,494 $26,760 $32,168 $26,760 $32,795 (+728) STEP F $32,615 $31,040 $27,306 $32,714 $27,306 $33,341 (+546) * * * * The salaries above are base salaries. They do not include longevity or additional salaries for additional duties. * * * * Each step is based on job title and performance. It is not necessarily based on years of service. * * * * Steps are only given at the anniversary date of the employee's hiring. **** Town Board can choose to place any employee at any step with the Department Head recommendation and employees prior experience. **** Salaries will be listed with the Bookeeper (on payroll) as an hourly rate for a 35-hour work week. It will eliminate the extra two workweek period that happens for salary people every seven years. It will allow payment for a shortened workweek for an employee with no time left or leaving Town employment in the middle of a pay period. * * * * Any extra pay should only be given for extra hours worked above the normal 3 5-hour week or 1820 hours per year. It should not be given for helping another Department or being a back up for another Department. (40-hrs. per week = 2080 hrs. per year) 11 1 1 317 DECEMBER 17, 2003 TOWN BOARD MEETING PAGE 6 RESOLUTION # 229 AMEND THE HIGHWAY DEPARTMENT HOURLY PAY SCHEDULE IN THE PERSONNEL POLICY FOR 2004 Motion by Councilman O'Donnell Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Hourly Pay Schedule in the Personnel Policy for the Highway Department is hereby amended as follows: HIRING A B C D E Dep. Hwy. Supt. 16.24 17.74 18.34 18.84 19.24 19.54 Head Auto Mec. 15.34 16.84 17.44 17.94 18.34 18.64 Heavy Equip. Operator/ 14.91 16.41 17.01 17.52 17.91 18.21 Working Supervisor Heavy Equip Oper. 14.44 15.94 16.54 17.04 17.44 17.74 Auto Mech Helper 14.18 15.68 16.28 16.78 17.18 17.48 Motor Equip Oper. 13.40 14.90 15.50 16.00 16.40 16.70 Laborer 10.61 11.61 12.36 12.86 13.21 13.61 Buildings & Grounds Worker 9.52 10.27 10.77 11.52 11.87 12.37 Part time/summer laborer 5.50 5.75 6.25 6.75 7.25 7.75 Recreation Dir. 6.75 7.25 7.75 8.25 8.75 9.25 Asst. Rec. Dir. 5.50 5.75 6.25 6.75 7.25 7.75 NIGHT SHIFT RATE: $1.00 per hour is added to regular hourly base wage. (The right shift is a regular scheduled shift 8 p.m. to 5:00 a.m.) WAGES NOTE: An H.E.O. that does not have the required CDL license that is needed to move the Town's equipment using the largest equipment trailer the Town has will receive $.40 per hour less than the H.E.O. employees that do have the license. RESOLUTION #230 ESTABLISH MILEAGE RATE FOR PERSONAL VEHICLES USED FOR TOWN BUSINESS FOR THE YEAR 2004 Motion by Councilman Rocco Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED, the mileage rate to be paid by the Town, for personal vehicles used for Town business, is hereby established at thirty-seven and a half cents ($0.375) per mile for the year 2004, subject to audit by the Town Board, effective January 01, 2004. Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and file correspondence from Kevin Whitney, Cortlandville Fire District, regarding the election of a new Fire Chief. All voting aye, the motion was carried. M1 DECEMBER 17, 2003 TOWN BOARD MEETING PAGE 7 Councilman O'Donnell stated he spoke with Chief Kevin Whitney and thanked him for his letter. Mr. Whitney completed his fifth year as Chief, which is all that is allowed by the Department's bylaws. David Denniston was elected Chief of the Department, while Mr. Whitney will remain active in the Department as the 1st Assistant Chief. Councilman O'Donnell commented that the new chief is very well qualified. Councilman Rocco encouraged the Board members to attend the Cortlandville Fire District's Installation Banquet, as they are invited each year. Councilman Rocco made a motion, seconded by Councilman Pilato, to receive and file correspondence from James Trasher of Clough, Harbour & Associates regarding the Warranty Claim for the roof of the new Water & Sewer garage. All voting aye, the motion was carried. Councilman Testa questioned whether there was a response to the Warranty Claim for the Water & Sewer garage. Planning Board member, Nick Renzi apprised Councilman Testa that there has not been a response from Peter Griswold of P.S. Griswold Co. Inc., who is notorious for not returning phone calls. Mr. Renzi felt that Attorney Folmer may have to get involved. The longer Mr. Griswold takes to respond results in more damage to the Water & Sewer building, which he is liable for. RESOLUTION #231 REFER CODE VIOLATION OF ROBIN MOFFITT FOR PROPERTY LOCATED AT 2125 TOWER ROAD TO TOWN ATTORNEY FOR REVIEW AND PROCEED AS REQUIRED Motion by Councilman Rocco Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED, the code violation of Robin Moffitt for property located at 2125 Tower Road, Cortland, NY, is hereby referred to the Town Attorney for review and he is directed to proceed with compliance as required. Councilman O'Donnell made a motion, seconded by Councilman Rocco, to receive and file correspondence from Emily VanGorder regarding the proposed Super Wal-Mart. All voting aye, the motion was carried. Councilman Rocco made a motion, seconded by Councilman O'Donnell, to receive and file correspondence from Joseph Pullman, regarding the proposed Super 'Wal-Mart. All voting aye, the motion was carried. Councilman Rocco made a motion, seconded by Councilman Testa, to receive and file correspondence from Joseph Ludewig regarding the proposed Super Wal-Mart. All voting aye, the motion was carried. Councilman Rocco made a motion, seconded by Councilman O'Doruiell, to receive and file correspondence from Rosemary and Lee Taylor regarding the proposed Super Wal-Mart. All voting aye, the motion was carried. Planning Board member, Nick Renzi questioned whether the correspondence regarding Super Wal-Mart was for, or against it. Supervisor Thorpe stated most of the correspondence was in opposition to a Super Wal- Mart. Councilman Testa made a motion, seconded by Councilman Rocco, to receive and file correspondence from James and Lydia Ferro regarding Rerob, LLC and Express Mart. All voting aye, the motion was carried. Councilman Rocco read aloud the correspondence from the Ferro's. Attorney Folmer reiterated from a prior meeting that his knowledge in the matter came from James Trasher of Clough, Harbour & Associates and thanked him and the company once again. DECEMBER 17, 2003 TOWN BOARD MEETING PAGE 8 319 Supervisor Thorpe stated for the record that if a communication is addressed directly to the Board or to himself it will be received and filed. If the correspondence is merely copied from correspondence sent elsewhere it will not be received and filed with the Town. There was brief discussion regarding the request from Joyce and Bill Knight of the Country Music Association regarding Games of Chance. Attorney Folmer apprised the Board they passed a Local Law subject to Mandatory Referendum in 2002, which would have allowed Games of Chance. However, Games of Chance, was soundly defeated when it was voted on during the 2002 general election. The Country Music Association would like to approach the registered voters again. However, Attorney Folmer did not think the CMA understood the cost of an election. Town Clerk Snyder apprised Attorney Folmer that the Country Music Association would be willing to wait until the general election in November 2004. She also reminded the Board there was another proposition on the 2002 ballot relating to extending the terms of County Legislators. Attorney Folmer stated it was the Board's decision as to whether they would like to pass another Local Law for Games of Chance subject to Mandatory Referendum. He informed the Board they would have to go through the entire process of holding public hearings, adopting the Local Law, and providing it to the Cortland County Board of Elections to be placed on the 2004 ballot. Supervisor Thorpe stated the Board could adopt a local law for Games of Chance one more time, but if it were defeated again it should be dropped. Councilman O'Donnell felt the reason Games of Chance was defeated was because it was never explained to the public. Attorney Folmer stated Town Clerk Snyder made a valid point when she mentioned the other proposition on the 2002 general election ballot, which was controversial. He also mentioned that when Bingo was passed by mandatory referendum, the people who wanted Bingo publicized the proposition and made an effort to get it passed. There was not as great of an effort with Games of Chance. No further comments or discussion were heard. Councilman Rocco 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 5:35 p.m. 1 Respectfully submitted, K en Q. Snyder Town Clerk Town of Cortlandville