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HomeMy WebLinkAbout07-07-2004JULY 07, 2004 7:00 P.M. 97 1 ri 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 Town Clerk, Karen Q. Snyder Councilman, John Pilato Others present were: Town Attorney, John Folmer; Highway Sup't. Carl Bush; Ed Fostveit of Troy & Banks; Bernie Thoma of Thoma Development Consultants; Dr. Arthur and Dr. Patricia Shedd; and News Reporter, Nicole Flatow from the Cortland Standard. Supervisor Thorpe called the meeting to order. Supervisor Thorpe expressed his gratitude to everyone who offered their kind words and well wishes during the last month, while Town Clerk Snyder and the Board welcomed him back. Councilman O'Donnell made a motion, seconded by Councilman Testa, to approve the Town Board Minutes of May 19, 2004 as written. All voting aye, the motion was carried. Councilman Testa made a motion, seconded by Councilman O'Donnell, to approve the Town Board Minutes of June 02, 2004 as written. All voting aye, the motion was carried. Councilman Rocco made a motion, seconded by Councilman O'Donnell, to approve the Special Town Board Minutes of June 11, 2004 as written. All voting aye, the motion was carried. Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and file the Planning Board Minutes of April 27, 2004. All voting aye, the motion was carried. Councilman Testa made a motion, seconded by Councilman O'Donnell, to receive and file the Zoning Board of Appeals Minutes of March 30, 2004. All voting aye, the motion was carried. Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and file the Zoning Board of Appeals Minutes of April 27, 2004. All voting aye, the motion was carried. Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and file the Board of Assessment Review Minutes of May 25, 2004. All voting aye, the motion was carried. RESOLUTION #119 AUTHORIZE PAYMENT OF VOUCHERS - JULY Motion by Councilman O'Donnell Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED BE IT RESOLVED, the vouchers submitted have been audited and shall be paid as follows: General Fund A Vouchers #342 - 370 $ 30,559.75 General Fund B B63 - B69 $ 18,881.77 Highway Fund DB D223 - D242 $ 79,735.65 Water Fund W131 - W141 $ 1,430.02 Sewer Fund $ 282.33 Capital Projects H25 - H27 $ 105.00 JULY 07, 2004 TOWN BOARD MEETING PAGE 2 Supervisor Thorpe offered privilege of the floor to Bernie Thoma. Bernie Thoma of Thoma Development Consultants gave the Board an update regarding the grant application for Essex Structural Steel Co. Inc. He apprised the Board that on June 23, 2004 the New York State Governor's office invited the Town to make final application for $313,000, of which $300,000 would be direct assistance to Essex Structural Steel Co. Inc. Assistance would be in the form of a $150,000 deferred payment loan, and a $150,000 low interest loan repaid to the Town. $6,500 would be used for grant writing, and $6,500 would be used for program delivery. In order to complete the final application process the Town must hold two public hearings. As long as the Town was still committed to the grant application, Mr. Thoma requested the Board schedule the public hearings as soon as possible. He suggested the Board schedule the first public hearing prior to their July 21, 2004 Town Board meeting, and schedule the second public hearing for July 21, 2004. Supervisor Thorpe apprised Mr. Thoma there are time constraints for holding a public hearing such as publishing the legal notice. Attorney Folmer apprised the Board the Town's legal requirement for holding a public hearing was to publish and post a legal notice not less than five days, no more than ten days prior to the public hearing. The Cortland Standard also requires 48-hours notice before publication. Attorney Folmer suggested the Board schedule the first public hearing for July 21, 2004 and the second public hearing for July 28, 2004. RESOLUTION #120 SCHEDULE PUBLIC HEARINGS FOR ESSEX STRUCTURAL STEEL CO. INC. REGARDING A COMMUNITY DEVELOPMENT BLOCK GRANT FOR JULY 21, 2004 AND JULY 28, 2004 Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, Public Hearings shall be scheduled for July 21, 2004 at 5:00 p.m. and July 28, 2004 at 5:00 p.m. for Essex Structural Steel Co. Inc. regarding a Community Development Block Grant application for property located at 607 NYS Route 13, a portion of tax map #105.00-01-46.000. Supervisor Thorpe offered privilege of the floor to Ed Fostveit. Ed Fostveit, a utility consultant for Troy & Banks, and a retired Hearing Officer from the New York State Public Service Commission, explained that Troy & Banks audits utility bills and telephone bills.. Troy & Banks has worked for the Town in the past. There is no out of pocket expense to the Town, rather a refund or credit must be secured or Troy & Banks would not get paid. Mr. Fostveit projected that Troy & Banks could save the Town an average of 5% on its electric bill by going out to bid and using another energy supply company that is approved by the NYS Public Service Commission. He stated the transition from Niagara Mohawk to another company would be easy. Councilman Rocco questioned whether there would be an ongoing relationship between the Town and Troy & Banlcs, in which the Town would continue to switch utility companies based on savings and their recommendation. Mr. Fostveit explained it would behoove Troy & Banks to make sure the Town had the best utility company and the best deal, since Troy & Banks would get paid a portion of the Town's savings. He apprised the Board the state contract calls for a 2-year period for Troy & Banks to study the utility expenses. After the 2-year period, Troy & Banks would still provide the Town with the service, but at a much lower rate than what the state contract calls for. Town Cleric Snyder apprised the Board that Town Bookkeeper, Marcia Hicks compiled the Town's utility bills for Mr. Fostveit's review. Councilman Rocco questioned what the Town's savings could be. Supervisor Thorpe stated if a refund is up to $10,000 Troy & Banks would take 40%. If refunds are realized from $10,000 to $20,000, Troy & Banks would take 30%. 1 1 1 JULY 07, 2004 TOWN BOARD MEETING PAGE 3 Mr. Fostveit apprised the Board the Statute of Limitations is six years for any incorrect billing or over billing, which is compounded at 18%. The Public Service Commission ruled that if a utility company bills a late payment charge, which is 1.5% a month, the company has to pay the same amount if they have incorrectly billed or over billed. Councilman O'Donnell questioned whether Mr. Fotveit's company has ever discovered that the utility company was not charging the client enough for utilities. Mr. Fostveit stated the situation has happened, but is very seldom. Utility companies do not make mistakes on purpose, but mistakes happen. If the Town was under billed, the utility company would collect for one year with no interest. If the Town was over billed, the Town would go back six years at 18%. RESOLUTION 4121 AUTHORIZE SUPERVISOR TO ENGAGE THE SERVICES OF TROY & BANKS CONSULTANTS TO AUDIT THE TOWN'S UTILITY BILLS Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE ADOPTED WHEREAS, in 2001 the Town engaged the services of Troy & Banks Consultants to audit the Town's utility bills, and WHEREAS, Troy & Banks Consultants discovered that Niagara Mohawk Power Corporation over billed the Town for street lighting and negotiated a refund in the amount of $3,566.20, therefore BE IT RESOLVED, the Town Board does hereby authorize the Supervisor to engage the services of Troy & Banks Consultants to audit the Town's utility bills and possibly secure a refund or a credit for over billing. Councilman Rocco made a motion, seconded by Councilman O'Donnell, to receive and file the 3`d Quarter Water & Sewer Report for 2004. All voting, aye, the motion was carried. Supervisor Thorpe apprised the Board there was a slight error in the report. The water pump average should read 60,904,000. Monthly reports for the Supervisor and SPCA for the month of May 2004, and for the Town Clerk and Supervisor for the month of June 2004, are on the table for review and filed in the Town Clerk's office. Town Clerk Snyder apprised the Board she was in receipt of a Notice of Order from the NYS DOT regarding the speed limit on Fairground Drive. The NYS DOT agreed the speed limit should be lowered as a result of the new Cortland Sports Complex and the anticipated growth in local traffic. Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and file the Notice of Order from the New York State Department of Transportation Traffic and Safety Division to the Secretary of State, regarding the establishment of a 30 MPH speed limit on Fairground Drive, between Fisher Avenue and Carroll Street. All voting aye, the motion was carried. 2004. Town Clerk Snyder informed the Board she would be on vacation until Monday, July 12, RESOLUTION #122 ACKNOWLEDGE AUDIT REPORT FROM THE NYS COMPTROLLER FOR THE PERIOD OF JULY 2003 TO FEBRUARY 2004 Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, the audit from the NYS Comptroller Office for the period of July 2003 to February 2004 is hereby acknowledged and shall be received and filed. JULY 07, 2004 TOWN BOARD MEETING PAGE 4 Attorney Folmer reported: Zoning Text Amendment: Attorney Folmer apprised the Board the changes to the Zoning Text and Map Amendment were forwarded the Cortland County Planning Board. The County Planning Board made their recommendations, which were on the evening's agenda to be received and filed. At the June 291h, 2004 Planning Board meeting the Big Box Specification document was forwarded _ to the County Planning Board for their review and recommendations. The County Planning Board would presumably review the Big Box Specifications at their July 2004 meeting and return the recommendations to the Town Board and Planning Board by the end of the month. The next step would be for the Board to hold an informational meeting. Attorney Folmer and Clough, Harbour & Associates would meet to incorporate any changes the Board would like to make. Next, a public hearing would be held for the purpose of satisfying the statutory requirements before adopting the Zoning Text Amendments. Attorney Folmer suggested that at the July 21, 2004 Town Board meeting the Board discuss a date to hold the informational meeting. He asked the Board to consider whether the month of August would be a good time to schedule the informational meeting since it is a month that many people will be out of town and not available. In his opinion, the Board would learn more at the informational meeting than at the formal public hearing. The Board should take the necessary steps to ensure there is as much participation as possible at the informational meeting. Highland Road Sanitary Sewer Easement for Eckerd Drugs: . Attorney Folmer commented that the Town has had difficulty obtaining an easement from Eckerd Drugs, which is located at the corner of NYS Route 222 and NYS Route 281. Attorney Folmer was able to speak with a member of the supervisory personnel for Eckerd's, Mr. DeMucci. Mr. DeMucci stated he did not have a problem with the easement, but may require that the Town give Eckerd's money because his bank may require that they give him a release. Attorney Folmer informed the Board the Town would only be taking .05 of an acre . through the easement. Bond Anticipation Notes: Attorney Folmer apprised the Board the Town renewed the necessary Bond Anticipation Notes for Page Green Water, Page Green Sewer and Crestwood Court Sewer. He presented Town Clerk Snyder with the certifications of the BANS. First Baptist Church — Request for Relief of Building Permit Fees: Attorney Folmer apprised the Board he spoke with CEO Bruce Weber regarding the request from First Baptist Church for relief of its building permit fee. In the past the Town has not provided such relief, with one exception being the Cortland Sports Complex. The Cortland Sports Complex was permitted to pay its building permit fee according to the old fee schedule because the application was made while the old fees were in place. CEO Weber recommended the Board not grant relief as requested by First Baptist Church. RESOLUTION 4123 DENY REQUEST OF FIRST BAPTIST CHURCH FOR RELIEF BUILDING PERMIT FEES Motion by Councilman Rocco Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED WHEREAS, a request was made by Tom Williams, Director of Operations of First Baptist Church for relief of building permit fees for its future facility to be located on NYS Route 281 and Fisher Avenue, and WHEREAS, in the past the Board has not granted such relief, with one exception being the Cortland Sports Complex who submitted a building permit prior to the adoption of the new Town fee schedule, which was adopted on May lst, 2002, therefore a JULY 07, 2004 TOWN BOARD MEETING PAGE 4 BE IT RESOLVED, the Town Board does hereby deny the request of First Baptist Church for relief of building permit fees for their new church to be constructed on Fisher Avenue and NYS Route 281 in the Town of Cortlandville. Cortlandville Starr Road Park and Recreation Center: At the May 51h, 2004 meeting, the Board established the Starr Road Park Construction and Maintenance Reserve Fund for the purpose of building, equipping and maintaining the Cortlandville Starr Road Park and Recreation Center, subject to Permissive Referendum. Attorney Folmer apprised the Board the notice was published on May 1 oth, 2004, and the 45-day period for Permissive Referendum has expired. The Reserve Account may now be established, and the Town may receive funds for the park. Games of Chance: Attorney Folmer requested the Board schedule a public hearing for a Local Law regarding Games of Chance within the Town, outside of the Village of McGraw. A public hearing must be held, the Local Law must be adopted, which must then be approved by referendum at the November General Election. The Ballot Question must be turned into the Election Office by Labor Day in order for it to be printed and added to the ballot. RESOLUTION #124 SCHEDULE PUBLIC HEARING FOR LOCAL LAW — 2004 GAMES OF CHANCE Motion by Councilman Testa Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED, a Public Hearing shall be scheduled for July 21, 2004 at 5:00 p.m. for Local Law — 2004 Games of Chance. Highland Road Sewer Improvement Project — 2004: Attorney Folmer apprised the Board that Town Engineer, Hayne Smith advised him the Town was not going to receive interim financing for the Highland Road Sewer Improvement Project from the State. Engineer Smith also advised Attorney Folmer that he would need $100,000 by the end of July 2004 to start payment on the project. Attorney Folmer stated he would provide Bond Council with a copy of the plans and specs to start the bonding process, yet bonding money would not be available by the end of July. The Town may have to make arrangements for a temporary transfer. Councilman Testa made a motion, seconded by Councilman O'Donnell, to receive and file the Cortland County Planning Department Resolution #04-19 regarding the Zoning Text and Map Amendment. All voting aye, the motion was carried. Councilman Rocco made a motion, seconded by Councilman Testa, to receive and file correspondence from Leslie Sandman of Pall Corp. regarding the Zoning Text Amendment. All voting aye, the motion was carried. There was discussion regarding correspondence from the Cortland County Board of Elections regarding polling places within the Town that do not meet the ADA or Help America Vote Act. Supervisor Thorpe commented that the Town Hall was listed as an inadequate polling place. The Town Hall was cited for inadequate signage; no sign for the access aisle; accessible parking far from building; only 2 of 62 spaces reserved parking; and an inaccessible door handle with 20 lbs. force required to open. Supervisor Thorpe questioned what the Town should do to resolve the problems. Councilman Rocco suggested the door to Town Hall be propped open. Town Clerk Snyder apprised the Board the Blodgett Mills Church was also listed as an inadequate polling place within the Town. The Cortland County Board of Elections would find alternative polling places in the Town if the problems could not be resolved. JULY 07, 2004 TOWN BOARD MEETING PAGE 6 Supervisor Thorpe informed the Board the problem with the Blodgett Mills Church was that a voter has to park in the road or in the gravel, uneven driveway. There is a 3.5" door sill and a 29-30" door opening, which is too narrow for a wheelchair to fit through. There is also a regular doorknob. Attorney Folmer commented that the Board of Elections could not make the Blodgett Mills Church change their property, however churches are also responsible to comply with the American Disability Act. Town Clerk Snyder stated the Board of Elections would move the polling places to two other locations that are handicap accessible. The Blodgett Mills polling place would be moved to a location on Bennie Road, which is within the same voting district, but far from Blodgett Mills. It is the Board of Elections responsibility to find another voting place. Councilman Rocco questioned whether the Town could install a new door at the church. Attorney Folmer stated the Town cannot spend private money on public property, especially taxpayer money to improve a religious institution. Supervisor Thorpe stated the issue with moving the polling place outside of Blodgett Mills is that residents of Blodgett Mills may not travel to vote. Councilman Rocco questioned what could be done at Town Hall to make it an adequate polling place. Town Clerk Snyder stated the Town Hall parking lot is considered a two-way road. Handicap parking spaces require a six-foot access aisle on the side of the parking space to be able to maneuver in and out of a vehicle. The parking spaces closest to the main entrance of Town Hall cannot be designated handicap because the two-way road eliminates the possibility of ' the access aisle. The Town Board requested that Town Clerk Snyder respond to the correspondence from the Cortland County Board of Elections and inform them that the Board would discuss possible solutions. Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and file correspondence from the Cortland County Board of Elections regarding polling places that do not meet the ADA or Help America Vote Act. All voting aye, the motion was carried. Highway Sup't. Carl Bush apprised the Board the Town Hall roof shingles are falling off. Due to a busy schedule, Highway Sup't. Bush was not sure that highway employees could fix the roof and questioned whether the Town had money to hire a contractor. Supervisor Thorpe recommended Highway Sup't. obtain three bids from contractors. Councilman Testa made a motion, seconded by Councilman O'Donnell, to recess the Regular Meeting to an Executive Session. All voting aye, the motion was carried. The meeting was recessed at 7:40 p.m. The following information was received from the Supervisor's office. Councilman Testa made a motion, seconded by Councilman O'Donnell, to adjourn the Executive Session and reconvene to the Regular Meeting. All voting aye, the motion was carried. No action was taken. Councilman O'Donnell made a motion, seconded by Councilman Testa, to adjourn the Regular Meeting. All voting aye, the motion was carried. 11 The meeting was adjourned at 8:00 p.m. Respectfully submitted, Karen Q. Snyder Town Clerk Town of Cortlandville