Loading...
HomeMy WebLinkAbout04-21-200461 APRIL 21, 2004 5:00 P.M. PUBLIC HEARING NO. 1 AQUIFER PROTECTION PERMIT MICHAEL J. FALLON, MD, PC 1088 COMMONS AVENUE TAX MAP #86.09-04-12.000 A Public Hearing was held by the Town Board of the Town of Cortlandville at the Town Hall, 3577 Terrace Road, Cortland, New York, concerning an Aquifer Protection Permit application permitting the construction of an approximately 2,200 sq. ft. addition onto an existing 5,626 sq. ft. building to be renovated for use as a radiation oncology treatment center, located at 1088 Commons Avenue in the Town of Cortlandville, tax map #86.09-04-12.000. Members present: Supervisor, Raymond Thorpe Councilman, Theodore Testa Councilman, Edwin O'Donnell Councilman, Ronal Rocco Councilman, John Pilato Deputy Town Clerk, Kristin Rocco Absent: 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; Ronald Barrows of the Barrows Group; Mary Beth Allen of Paychex, Inc.; Dr. Michael Fallon and Paula A. Fallon; Todd Anderson, Architect; James and Gail VanDusen; Patricia Woods; and Reporter, Nicole Flatow of the Cortland Standard. Supervisor Thorpe called the Public Hearing to order. Deputy Town Clerk, Kristin Rocco, read aloud the published, posted and filed legal notice. Supervisor Thorpe offered of the floor to those in attendance. privilege Michael Fallon, MD, PC, apprised the Board the proposal was for a cancer treatment facility for radiation therapy, which utilizes a large x-ray machine to treat people with cancers and other types of malignancies as well as benign tumors. The addition is to a currently existing building, which includes a vault to house the machine in, exam rooms and office space. Councilman Rocco questioned what codes guide them on how to build the vault. Dr. Fallon informed the Board there is an issue of radiation safety. The vault itself has to be certified by New York State. The shielding design that goes into it has to be done by a licensed medical physicist. After the machine is installed it would be directed to the walls that would be exposed. A test would be done outside with a Geiger Counter to ensure there are no readings, which has to be reported to the state. There is a formal certification process to make sure the vault is constructed properly. Councilman Rocco questioned whether there would be annual check ups on the machine and vault to make sure the integrity is still there. Dr. Fallon stated there are monthly, quarterly, and annual quality assurance procedures to test the machine itself. He was not sure about testing the shielding of the vault other than when it is constructed. Councilman O'Donnell questioned whether the current parking area was sufficient. Dr. Fallon estimated about 12 to 15 patients a day at his practice, and stated parking was sufficient. Patients would be treated five days a week. The practice would be staffed by a physician, a nurse, and a Certified Radiation Therapist. Attorney Folmer commented that the facility would be beneficial since residents in the area who need treatment have to travel because there is no facility in the area. Dr. Fallon stated the trouble with radiation treatment is that it occurs everyday for about five weeks. He agreed that location is a big issue. No further comments or discussions were heard. Councilman Testa made a motion, seconded by Councilman Rocco, to close the Public Hearing. All voting aye, the motion was carried. The Public Hearing was closed at 5:08 p.m. APRIL 21, 2004 5:08 P.M. (5 1 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 Councilman, Ronal Rocco Councilman, John Pilato Deputy Town Clerk, Kristin Rocco 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; Ronald Barrows of the Barrows Group; Mary Beth Allen of Paychex, Inc.; Dr. Michael Fallon and Paula A. Fallon; Todd Anderson, Architect; James and Gail VanDusen; Patricia Woods; and Reporter, Nicole Flatow of the Cortland Standard. Supervisor Thorpe called the meeting to order. Councilman O'Donnell made a motion, seconded by Councilman Testa, to approve the Town Board Minutes of December 03, 2003 as written. All voting aye, the motion was carried. Councilman Pilato made a motion, seconded by Councilman O'Donnell, to approve the Town Board Minutes of December 17, 2003 as written. All voting aye, the motion was carried. Councilman O'Donnell made a motion, seconded by Councilman Rocco, to approve the Town Board Minutes of January 07, 2004 as written. All voting aye, the motion was carried. Councilman O'Donnell made a motion, seconded by Councilman Rocco, to receive and file the Planning Board Minutes of February 24, 2004. All voting aye, the motion was carried. RESOLUTION #80 AUTHORIZE PAYMENT OF VOUCHERS - APRIL 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 #230 - 247 $ 10,673.74 General Fund B B34 - B37 $ 12,250.82 Highway Fund DB D126 - D139 $112,533.16 Water Fund W69 - W80 $ 9,684.70 Sewer Fund S28 - S31 $ 503.38 Capital Projects H14 - H15 $ 96.54 Supervisor Thorpe offered privilege of the floor to Mary Beth Allen. Mary Beth Allen of Paychex, Inc. apprised the Board she met with the Supervisor and Bookkeeper, Marcia Hicks, regarding the payroll software offered by Paychex, Inc., called Preview. By using the Paychex system, the Bookkeeper would not be liable for tax pay, direct deposit, check signing, actual returns, W2's, year-end reports, and NYS Retirement as they would all be done electronically. The Bookkeeper would have 100% access to all the information and would still be in control as of the payroll, but her job duties concerning payroll would be more efficient. Ms. Allen presented a proposal to Mrs. Hicks and explained exactly what the preview program does. Converting the Town's files, implementing the program, and training the Bookkeeper would all be done on -site at the Town Hall. M. APRIL 21, 2004 TOWN BOARD MEETING PAGE 2 Ms. Allen apprised the Board she has worked for Paychex, Inc. for sixteen years in both the operational end and in sales. She offered the Board her references and contacts if needed, which included other municipalities. Councilman Rocco presented a scenario to Ms. Allen and questioned what would happen if the Bookkeeper was sick and it was payroll time. Councilman Testa interjected and stated he uses the Paychex system at his business and completes paychecks for his sixteen employees very quickly using the system. Ms. Allen stated if the Bookkeeper were sick or went on vacation, and her backup was not quite sure how to use the system, the backup could call Paychex who would accommodate the Town. Councilman O'Donnell questioned whether the paychecks would have to be manually signed. Ms. Allen stated the paychecks could be delivered pre -signed with the Supervisor's signature, or the Town could use the service called ready -checks, which eliminates bank reconciliation at the end of every month. Currently, the Bookkeeper does manual direct deposit and actually has to go to the bank. With Paychex, the system would be automated. An employee could use direct deposit to any bank, which eliminates signatures. Councilman Rocco questioned whether the Town would be liable for the checks if they were pre -signed with the Supervisor's signature and were either lost or stolen in delivery. Ms. Allen stated the paychecks are delivered via airborne mail and are bonded. The bank would be contacted if something were to happen. Councilman Testa stated the bank would be responsible if the checks were lost or stolen. Ms. Allen stated the intent of using Paychex would be to make the Bookkeeper's job of payroll processing more efficient and more automated, which would also free up some of her time. Ms. Allen stated the Town's system was antiquated. Another benefit is that Paychex would be the Town's backup. If the Town's system failed, Paychex would be able to replace 100% of the Town's information, which is something Paychex's competitors cannot do. Councilman Rocco asked Supervisor Thorpe for his opinion regarding the necessity of Paychex's services for the Town. Supervisor Thorpe stated Mrs. Hicks felt she would be able to do more under the Paychex system than she can do with the present payroll system. Councilman O'Donnell questioned whether there were other things for Mrs. Hicks to do, or that she should be doing, since the system would free up her time. He mentioned the expense of the program. Supervisor Thorpe stated the Paychex system would not free the Bookkeeper particularly. Ms. Allen agreed and stated the system would take the Bookkeeper out of a liability situation and make sure things are being done accurately rather than second guessing her work and double checking her work constantly. She explained the system may give the Bookkeeper a few hours a day to do other things, but it would not eliminate her job. Councilman Rocco believed the Paychex system would be beneficial to the Town. Supervisor Thorpe stated the system would cost approximately $3800 annually with a one-time charge of $400. Ms. Allen explained that Paychex, Inc. also offers POP, Paychex Administration Services and a 401 K. The POP, which is a flex -plan, would cost an additional $480 a year charged monthly. She stated the POP would pay for itself within the year if the Town currently has post tax health insurance. As an employer, the Town would see actual tax savings, and the employees would see a higher net pay since any money set aside into the special account would not be taxed. The Administration Services provides handbooks, aid in hiring and firing, safety training, sexual harassment training, and COBRA. The Town cannot utilize the 401K program because the Town cannot match retirement contributions. Councilman Rocco thanked Councilman Testa for pushing the Paychex system forward, which he stated was long overdue. Councilman Testa stated the Town would be very pleased with the Paychex system. Ms. Allen apprised the Board that if they decided to utilize the Paychex system she would fax Mrs. Hicks a checklist and decide on a date of conversion, which would take approximately two weeks. Paychex, Inc. would personally convert the files. All the work Mrs. Hicks has processed for this year would be loaded into the Paychex system and balanced back to January. Employees would still receive one W2 for the year. Once the software is installed, a representative from Paychex, Inc. would provide hands on training for Mrs. Hicks for two payroll periods. Councilman Testa questioned what type of rate arrangement was made regarding pricing. e7 APRIL 21, 2004 TOWN BOARD MEETING PAGE 3 Ms. Allen stated the rate is based per check, but there is also tax pay, direct deposit, and other calculations. The estimated fee schedule presented a scenario based on 40 employees, all being direct deposit. RESOLUTION #81 AUTHORIZE SUPERVISOR TO SIGN CONTRACT WITH PAYCHEX, INC. FOR PAYROLL SERVICES IN AN AMOUNT NOT TO EXCEED $4014.50 ANNUALLY AND A ONE TIME FEE OF $400.00 Motion by Councilman Rocco Seconded by Councilman Testa VOTES: ALL AYE ADOPTED WHEREAS, the Supervisor requested the Town research payroll services to replace the Bookkeeper's antiquated payroll system, which would reduce the Bookkeeper's liability and ensure a more efficient and accurate payroll system, therefore BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to sign a contract with Paychex, Inc. for payroll services in an amount not to exceed $4,014.50 for processing and annualized charges, and a one time payroll conversion charge of $400.00, and it is further RESOLVED, the Town Board does hereby reserve the right to adopt the POP service offered by Paychex, Inc. at a later date, in an amount not to exceed $480.00 annually. Supervisor Thorpe offered privilege of the floor to Ron Barrows. Ron Barrows of the Barrows Group updated the Board on the status of fundraising for the Cortlandville Starr Road Park and Recreation Center. The volunteer steering committee has been meeting regularly and working with the Town Attorney and Town employees regarding the acceptance of a gift. The steering committee has also been working with James Trasher and Clough, Harbour & Associates regarding the construction plans and the budget to ensure the fundraising strategy is in line with the cost of the.project. Mr. Barrows stated the steering committee is in the process of creating a brochure for publicizing the project. Mr. Barrows shared a preliminary draft of the brochure with the Board, and assured them he would formally present the brochure at a future meeting in order for the Board to approve it by a formal resolution. A logo was designed for the Starr Road Park, which the steering committee would like to have put on a sign to identify the site. Mr. Barrows apprised the Board the project was on schedule. Residents in the area of the site have been contacted and informed about the project. He also informed the Board that the display boards, site plan, and site maps were on display at the Chamber of Commerce Business Showcase. Dozens of residents spoke with the project volunteers at the Business Showcase. The feedback from residents was positive. One question that arose was in regard to taxes and whether the project would impact the town tax rate. The volunteers responded that the project is voluntary and would not significantly increase the tax rate. James Trasher of Clough, Harbour & Associates apprised the Board that with the assistance of the Town Highway Department, two 20 ft. test holes were dug at the Starr Road site. There was an initial concern that they would hit rock, and if so the plans for the fields would have to change. The test digs proved that the site was mainly soil and the project could go ahead as planned without any alterations in the design of the fields. Gail VanDusen of 841 Gwen Lane requested an update of the Highland Road Sewer Improvement Project. She apprised the Board that there was confusion as to whether or not the sewer would be hooked up to the rest of the sewer system once the project was complete. Attorney Folmer believed the confusion came from the language about the one-year hookup requirement. Once the system is built, constructed, and inspected, residents could hookup to the sewer system. Residents have one year until they are compelled to hookup to the system. Attorney Folmer apprised the Board that Town Engineer, Hayne Smith completed all of the test borings that he needed to accomplish with the exception of one. Engineer Smith forwarded to Albany the material that will hopefully result in the zero interest interim financing. APRIL 21, 2004 TOWN BOARD MEETING PAGE 4 Councilman Testa questioned whether Attorney Folmer had any luck getting a hold of the property owner from the one outstanding sewer easement, which is Eckerd Drugs. Attorney Folmer stated he has not been able to get in touch with the property owner in which an easement is necessary, but was not worried that the easement could not be obtained. The difficulty obtaining the easement from Eckerd Drugs is because there is a question of who has the authority to sign the easement. Councilman O'Donnell questioned whether a hold up with one property owner could delay the project. Attorney Folmer assumed Engineer Smith would start the project where he could construct. He also stated that the necessity for formal condemnation proceedings would no longer be necessary. Councilman O'Donnell reminded the Board and those in attendance that the May 5t", 2004 Town Board meeting would be held at the Community Building in the Village of McGraw at 7:00 p.m. Attorney Folmer apprised the Board he was in receipt of correspondence from Julie Widger of the Lamont Memorial Library, inviting members of the Town Board and Town Clerk Snyder to tour the library and see the renovations made in the last year. The tour was scheduled for May 5t", 2004 at 6:00 p.m. prior to the Board meeting. Refreshments would also be served. Supervisor Thorpe informed those in attendance that Town Historian, Valerie Schmidt had a nice display of historical books, photos and other artifacts to help celebrate the 1751n Anniversary of the Town. With the future Town Hall addition, Supervisor Thorpe stated there should be a room designated for the Historian so that there could be a full time display. The Monthly report of the Town Justice for the month of March 2004 is on the table for review and filed in the Town Clerk's office. RESOLUTION #82 ACCEPT ANNUAL TIME WARNER CABLE FRANCHISE REPORT Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Annual Time Warner Cable Franchise Report for the year 2003 is hereby accepted and shall be received and filed. Attorney Folmer and the Board reviewed the SEQR Short Environmental Assessment Form for the Aquifer Protection Permit application submitted by Dr. Michael J. Fallon. RESOLUTION #83 DECLARE NEGATIVE IMPACT FOR AQUIFER PROTECTION PERMIT #3 OF 2004 SUBMITTED BY MICHAEL J. FALLON, MD, PC FOR PROPERTY LOCATED AT 1088 COMMONS AVENUE Motion by Councilman Rocco Seconded by Councilman Testa VOTES: ALL AYE ADOPTED WHEREAS, an Aquifer Protection Permit application was submitted by Michael J. Fallon, MD, PC for property located at 1088 Commons Avenue, owned by Commons Associates, LLC., permitting the construction of an approximately 2,200 sq. ft. addition onto an existing building to be renovated for use as a radiation oncology treatment center, tax map #86.09-04-12.000, and WHEREAS, the Town Board as Lead Agent, duly reviewed and completed the Short Environmental Assessment Form, therefore N APRIL 21, 2004 TOWN BOARD MEETING PAGE 5 BE IT RESOLVED, the Town Board as Lead Agent, does hereby declare the proposed project of Michael J. Fallon, MD, PC Aquifer Protection Permit #3 of 2004, shall have no significant environmental impact. RESOLUTION 484 AUTHORIZE SUPERVISOR TO SIGN SEQRA APPLICATION OF AQUIFER PROTECTION PERMIT 93 OF 2004 Motion by Councilman Rocco Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Supervisor is hereby authorized and directed to sign the SEQRA application relating to Aquifer Protection Permit #3 of 2004, submitted by Michael J. Fallon, MD, PC. RESOLUTION #85 APPROVE AQUIFER PROTECTION PERMIT #3 OF 2004 SUBMITTED BY MICHAEL J. FALLON, MD, PC FOR PROPERTY LOCATED AT 1088 COMMONS AVENUE Motion by Councilman Testa Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED WHEREAS, the Cortland County Planning Department and the Town Planning Board have reviewed and recommended approval of this Aquifer Protection Permit application, and WHEREAS, a Public Hearing was duly held by this Town Board, therefore BE IT RESOLVED, the Town Board does hereby approve Aquifer Protection Permit #3 of 2004, submitted by Michael J. Fallon, MD, PC for property located at 1088 Commons Avenue, owned by Commons Associates, LLC., permitting the construction of an approximately 2,200 sq. ft. addition onto an existing building to be renovated for use as a radiation oncology treatment center, tax map 486.09-04-12.000, and it is further RESOLVED, the Supervisor is hereby authorized to sign the permit. Deputy Town Clerk, Kristin Rocco apprised the Board that Town Clerk Snyder was attending the New York State Town Cleric Conference in Saratoga Springs, New York, and was therefore not able to attend tonight's meeting. She explained that Town Clerk Snyder was due to return to the office on Thursday, April 22, 2004. Attorney Folmer reported: Request for Lower Speed Limit on McLean Road: Attorney Folmer reminded the Board he wrote a letter to the NYS Department of 'Transportation (NYS DOT) in November 2003 requesting a reduction of the speed limit on McLean Road. Photographs provided by Jerry Cornell were enclosed with the request to show documentation of particular accidents and therefore show cause for a lower speed limit. The request was denied by the NYS DOT after its traffic engineers completed a review of the location. They determined a reduction of the speed limit was not appropriate. Attorney Folmer stated he would forward a copy of the letter to Mr. Cornell. Cortlandville Starr Road Park and Recreation Center: Attorney Folmer apprised the Board that under Section 64, Subdivision 8 of the Town Law, the Town is entitled to accept a gift. However, Attorney Folmer stated the Town should establish a Reserve Fund for the maintenance and construction of the Starr Road Park. He explained that the fiind would be established by permissive referendum. Once the permissive referendum has expired the Reserve Fund is created and the Town can expend the fund without -7o APRIL 21, 2004 TOWN BOARD MEETING PAGE 6 further vote. If the Town creates an ordinary Park Reserve, the Town would have to go to permissive referendum every time it attempted to spend money. Attorney Folmer stated he would draft a resolution to present at the May 51h, 2004 Town Board meeting to establish, subject to permissive referendum, a Capital Reserve Fund for the purpose of constructing and maintaining the Cortlandville Starr Road Park and Recreation Center. Zoning Ordinance Revision and Wellhead Protection Plan: Attorney Folmer apprised the Board he had envelopes before him which contained the recommendations of the Planning Board with regard to the Zoning Ordinance Revision. Attorney Folmer stated he would provide a copy to the Town Board, Planning Board, and to the Zoning Board of Appeals. Each packet included a memorandum from Attorney Folmer to the respective board members indicating that the information enclosed is attorney work product, being delivered on the basis that members of the boards are his clients and he is providing them with legal advice. In the memorandum he asked members of the boards not to publicly discuss or release the revision to the public. Attorney Folmer hoped the revision could be made public and filed with the Town Clerk at the May 51h, 2004 Town Board meeting. Attorney Folmer stated there are significant changes in the document from what the Board had previously seen. He was certain there were items in the document that the Board would not agree with and reminded them it was their legislative responsibility to make the final decisions. The Planning and Zoning Boards would have to "live with" whatever suggestions the Board makes. Attorney Folmer apprised the Board it -was suggested that the Wellhead Protection Ordinance has not served a worthwhile purpose. Attorney Folmer stated he felt the Ordinance served an outstanding purpose because he had never seen a more broad based, detailed discussion of any proposed zoning ordinance that the Wellhead Protection Ordinance brought about. He stated there has never been a group that spent more time and more effort discussing the effect of the Wellhead Protection Ordinance and the Zoning Ordinance modifications. Attorney Folmer informed the Board he suggested to the Planning Board that they should not be doing. zoning or planning based on any individual project. However, he stated that would be almost impossible to do when it is known that there is a Super Wal-Mart application in line, followed by a Lowe's application. Attorney Folmer stated his view as a citizen was that "it is not good public policy to legislate something out of existence unless it is deleterious and harmful to the public interest." It was his view from the beginning, that the development projects should be given the opportunity to present their proposals to the Board. The Board would then determine whether or not the applicant could satisfy the concerns for the environment, traffic, and water. Attorney Folmer stated one of the suggestions he was going to make, which was not included in the Zoning Ordinance, was that whenever a new member is appointed to the Planning or Zoning Board they must undertake a certain amount of training before they begin to serve. In his opinion, the boards must decide that they have the ability to say no and stand by the determination as the Town Board did with Rerob, LLC. Attorney Folmer requested the Board take the time to review the Zoning Ordinance Revision and to keep the revision confidential. RESOLUTION 486 AUTHORIZE THE CORTLAND CITY SCHOOL DISTRICT USE OF THE VOTING MACHINE AND MEETING ROOM TO CONDUCT THEIR ANNUAL SCHOOL BOARD ELECTION ON MAY 18, 2004 Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby authorize the Cortland City School District use of the town voting machine and the meeting room to conduct their annual School Board Elections on May 18, 2004. 1 APRIL 21, 2004 TOWN BOARD MEETING PAGE 7 -7I Supervisor Thorpe apprised the Board that in an attempt to provide more convenient services to Cortland County residents, a request was made by the Cortland County Legislature to place a drop box for the Department of Motor Vehicles at the Town Hall. The County requested permission to mount a DMV drop box in a lighted area on the exterior of the Town Hall, which the Town would not have any responsibility for. Staff from the DMV would pick up the deposits. RESOLUTION #87 AUTHORIZE CORTLAND COUNTY LEGISLATURE TO MOUNT A CORTLAND COUNTY DMV DROP BOX ON THE EXTERIOR OF THE CORTLANDVILLE TOWN HALL Motion by Councilman Rocco Seconded by Councilman Testa VOTES: ALL AYE ADOPTED WHEREAS, a request was made by the Cortland County Legislature to the Town Board for permission to mount a DMV drop box for the Cortland County Department of Motor Vehicles on the exterior of the Cortlandville Town Hall to provide more convenient services to County residents, and WHEREAS, staff from the DMV would pick up deposits from the drop box, which the Town of Cortlandville would bear no responsibility to, therefore BE IT RESOLVED, the Town Board does hereby authorize the Cortland County Legislature to mount a DMV drop box in a lighted area on the exterior of the Cortlandville Town Hall, and it is further RESOLVED, the correspondence from the Cortland County Legislative Chairman, Scott E. Steve, is hereby received and filed. Councilman Rocco made a motion, seconded Councilman Pilato, to receive and file correspondence from the City of Cortland Mayor, Thomas Gallagher, regarding the Local Waterfront Revitalization Program (LWRP) for a portion of the Tioughnioga River located in Cortland County. All voting aye, the motion was carried. Supervisor Thorpe apprised the Board he would contact the Mayor of Cortland and inform him that the Town did not object to the City of Cortland serving as lead agency for the purpose of satisfying SEQRA requirements for the project. Councilman Pilato made a motion, seconded by Councilman Rocco, to receive and file correspondence from George A. Doucette, P.E., Regional Traffic Engineer for the New York State Department of Transportation, regarding the Town's request for a lower speed limit on McLean Road. All voting aye, the motion was carried. Councilman made a motion, seconded by Councilman, to adjourn the Regular Meeting. All voting aye, the motion was carried. The meeting was adjourned at 5:48 p.m. 1 Respectfully submitted, Karen Q. Snyder Town Clerk Town of Cortlandville