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HomeMy WebLinkAbout09-15-2004IH3 SEPTEMBER 15, 2004 5:00 P.M. PUBLIC HEARING NO. 1 AQUIFER PROTECTION PERMIT LDD CORP. 3948 NYS ROUTE 281 TAX MAP #86.13-01-49.000 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 a single bay free standing laser car wash at the site of an existing gas station and convenience store in the Town of Cortlandville. 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; Water & Sewer Sup't. Peter Alteri; Town Engineer, Hayne Smith; Representatives of LDD Corp.; Attorney Scott Chatfield; Gordon Stansbury of Stan Tech Consulting; Gary Sloan of Squeaky Clean Car Wash; Town Residents: Carl Edlund of Bell Drive; William McDermott of Woods Edge; and News Reporter Patrick Ruppe from the Cortland Standard. Supervisor Thorpe called the Public Hearing to order. Supervisor Thorpe read aloud the Legal Notice, as published, posted and filed. Supervisor Thorpe offered privilege of the floor to those in attendance. Councilman Rocco questioned where the proposed single bay car wash would be located on the site, and questioned how traffic would leave the site. A representative from LDD Corp. apprised the Board that LDD Corp. went before the Planning Board and Town Board in 2000 for approval to construct the existing convenient store, which included a future car wash. Approval of the site plan was given by the County as well as the NYS DOT showing the car wash exactly where it was currently being proposed. The representative explained that the owner of Getty Mart wanted to establish a business base before constructing the car wash. He apprised the Board that LDD Corp. received approval for the current application from the Town and County Planning Boards, and the NYS DOT. The representative informed the Board the car wash would be located to the left of the convenience store and shared a diagram of the site. He explained that a customer would be able to purchase a car wash at the gas pump without going inside the convenience store. The ticket for the car wash could be used for five days after being purchased. Supervisor Thorpe commented that the Town and County Planning Boards approved the application with a few standard stipulations. The representative presented the Board with a letter of approval from the NYS DOT, which he also presented to the Town Planning Board at the last meeting. Attorney Folmer asked that the correspondence dated August 27, 2004 from the NYS DOT be considered part of the record of the Public Hearing. Supervisor Thorpe offered privilege of the floor to Attorney Scott Chatfield. Attorney Scott_ Chatfield apprised the Board he was in attendance on behalf of Bridgewater Management, the owner of Squeaky Clean Car Wash, Inc. He wanted to express the company's concerns with respect to the environmental consequences of the additional use and the ability of the existing highway infrastructure to support it. Supervisor Thorpe questioned whether Attorney Chatfield expressed the concerns to the Town and County Planning Boards. Attorney Chatfield stated he mentioned the concerns to the Town Planning Board. Although the Planning Board's process does not involve a public hearing, Attorney Chatfield and a traffic engineer representing Squeaky Clean Car Wash were briefly given privilege of the floor. SEPTEMBER 15, 2004 PUBLIC HEARING NO. 1 PAGE 2 Attorney Chatfield apprised the Board their concerns are principally environmental and wanted to make certain that if the use is established it be done so that the existing highway system functions correctly, and so that the on -site traffic circulation does not create a problem. Attorney Chatfield introduced Gordon Stansbury from Stan Tech Consulting. Gordon Stansbury apprised the Board he was asked to review the existing site of LDD Corp. and assess what impact, if any, the proposed car wash would have. He provided a copy of the report to the members of the Board and reviewed his findings. Mr. Stansbury informed the Board they conducted a site visit on Thursday, August 19, 2004, from 4:00 p.m. to 5:30 p.m. During the visit they observed that approximately 2/3 of the traffic use the Route 222 driveway because of the congestion at the Route 281 driveway. The Route 281 driveway serves as a right exit only because people can generally not turn left out of the driveway. They observed four cars attempting to turn left out of the Route 281 driveway. The cars waited between two and four minutes until they backed up and used the Route 222 driveway. Mr. Stansbury apprised the Board that during the site visit they observed that traffic cues on Route 222 and Route 281 block both driveways at the site, which creates congestion around the gas pumps and the store where there is very limited space for traffic to back up. The engineers studied how the existing site operated compared to traditional "trip generation estimates" for that particular use. After conducting a fifteen -minute spot count, they estimated that approximately 105 cars enter and exit the site during the evening peak hour. Based on traditional trip generation estimates a development the same size as Getty Mart should be generating forty to fifty cars entering and exiting the site during the peak hour. Mr. Stansbury apprised the Board they observed the way in which vehicles move around the site. With most of the cars entering or exiting from Route 222, vehicles have to make u-turns or three-point turns to access the gas pumps. Most of the movement occurred around the back end of the gas pumps, which is where people would exit from the proposed car wash. Mr. Stansbury stated they were concerned with the exit of the car wash for three reasons: 1) the poor site distance people have when exiting the car wash and the high speed in which people enter the driveway from Route 281; 2) the conflict with traffic, making u-turns around the gas pumps; and 3) most people will use the Route 222 driveway resulting in cars circulating in front of the store and causing traffic congestion. Mr. Stansbury stated that the site is currently over utilized and that the irregular shape and layout of the site would not facilitate the increase of development. He anticipated that the car wash would increase traffic by twenty cars during the peak hour. Supervisor Thorpe stated the concern was laudable, but wondered if they were as concerned with the traffic pattern as they were with the competition between the proposed car wash and Squeaky Clean Car Wash across the street. Mr. Stansbury apprised the Board his firm was approached by Squeaky Clean Car Wash to review the site. Prior to the study, Stan Tech Consulting had never done any work for Squeaky Clean Car Wash or LDD Corp. He stated he was hired to review the site, evaluate the operation, and determine if the proposal would have a potential negative impact. Attorney Folmer questioned whether Mr. Stansbury reviewed the traffic study completed for Squeaky Clean Car Wash when they submitted their application to the Town. Mr. Stansbury had not reviewed the traffic study for Squeaky Clean Car Wash. Attorney Folmer questioned whether there is an exit on the Route 281 side from the Squeaky Clean Car Wash site, and whether there was an exit on the Route 222 side. Attorney Chatfield stated there is a right out on Route 222 and a right out on Route 281. There is no left out of Route 222 nor Route 281. Attorney Folmer felt they were raising an issue regarding an exit from the site of LDD Corp. onto Route 281 and Route 222, which are similar exits, although restricted, as the site of Squeaky Clean Car Wash. Attorney Chatfield commented that although Getty Mart would be a competing car wash, the concern stems from the problems that may be environmentally associated with vehicles being able to get in and out of the intersection. Supervisor Thorpe stated it would be reasonable to believe that cars traveling north on Route 281 would patronize Squeaky Clean Car Wash, while cars traveling south on Route 281 or east on Route 222 would patronize Getty Mart. Mr. Stansbury stated his primary concerns do not lie in the driveway operations themselves, but rather lie in the overall circulation on the site. He felt the site was over utilized and cannot support additional vehicles trying to move around on the site. If the site becomes overly congested and people are not able to enter the site and there will be problems with traffic. Councilman Rocco felt Mr. Stansbury was raising valid points. SEPTEMBER 15, 2004 PUBLIC HEARING NO. 1 PAGE 3 IL+s Attorney Folmer stated that what Mr. Stansbury determined was that the piece of ground on which the site was located was too small to handle the traffic that would be generated by the proposed one bay car wash. He questioned whether the NYS DOT was concerned with the site itself when they conducted their study, or if they were only concerned with the ingress and egress to and from public highways. Attorney Chatfield commented that while a car wash was indicated in a general sense on the plan that was approved in 2000, they did not go into specifics about the carwash and the potential impact that the additional traffic would have. According to the letter from the NYS DOT the site was reviewed for the proposed car wash in the year 2000 and they were not going to look at the site again. Attorney Folmer read aloud a portion of the letter from the NYS DOT, dated August 27, 2004, in which they "determined that the existing two driveways are consistent with our previous approval and are adequate for the addition of a single bay car wash facility." Supervisor Thorpe commented that Squeaky Clean Car Wash wanted the Board to second-guess the NYS DOT. The representative from LDD Corp. responded to Mr. Stansbury's report and concerns. He disagreed with Mr. Stansbury's traffic count of the site, and apprised the Board that they maintain per gallon per hour sales. Mr. Stansbury's count was double what they currently receive. He felt Mr. Stansbury's fifteen -minute spot count and the traditional trip generation estimate was not an accurate representation of the activity at the site within an hour. The representative also mentioned that the curb cuts were all NYS DOT approved. Attorney Folmer questioned what would happen if the entrances and exits on the site were restricted, similar to the restrictions placed on Squeaky Clean Car Wash. The representative commented that the primary issue would be for vehicles approaching the signal to turn left onto Route 222. Attorney Folmer stated that in order to make a left hand turn onto Route 281 a vehicle could exit the site on the Route 222 side where there is a separate traffic lane and green arrow for vehicles turning left. He agreed it is difficult and frustrating to make a left hand turn from the site onto Route 281, but commented that the intersection is busier during certain times of the day than others because of the flow of traffic. Councilman Testa commented that Eckerd Drugs, located on the corner of NYS Route 281 and NYS Route 222, had a similar issue with entrances and exits. However, it was the NYS DOT who approved the left and right turns out of both driveways. The representative from LDD Corp. commented that the main purpose of the car wash was to provide a service to its customers who purchase gas as well. Supervisor Thorpe commented that the traffic problem exists regardless of whether there is a car wash or not. No further comments or discussion were heard. Councilman Testa made a motion, seconded by Councilman O'Donnell, to close the Public Hearing. All voting aye, the motion was carried. The Public Hearing was closed at 5:30 p.m. 1 SEPTEMBER 15, 2004 5:30 P.M. 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; Water & Sewer Sup't. Peter Alteri; Town Engineer, Hayne Smith; Representatives of LDD Corp.; Attorney Scott Chatfield; Gordon Stansbury of Stan Tech Consulting; Gary Sloan of Squeaky Clean Car Wash; Town Residents: Carl Edlund of Bell Drive; William McDermott of Woods Edge; and News Reporter Patrick Ruppe from the Cortland Standard. Supervisor Thorpe 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 May 25, 2004. All voting aye, the motion was carried. Councilman Rocco made a motion, seconded by Councilman Testa, to receive and file the Cortlandville Zoning Board of Appeals Minutes of May 25, 2004. 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 June 29, 2004. All voting aye, the motion was carried. RESOLUTION #150 AUTHORIZE PAYMENT OF VOUCHERS - SEPTEMBER Motion by Councilman Rocco 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 #445 - 465 $ 4,157.06 General Fund B B92 - B94 $ 4,275.59 Highway Fund DB D314 - D343 $182,681.49 Water Fund W182 - W199 $ 17,738.35 Sewer Fund S71 - S74 $ 9,411.96 Capital Projects H46 - H47 $ 177.76 Supervisor Thorpe offered privilege of the floor to Carl Edlund. Carl Edlund of 1221 Bell Drive apprised the Board of the water problem on Bell Drive, which seems to be getting worse. He requested the Town take serious action and resolve the issue before there is flooding on Bell Drive. Councilman Rocco questioned whether the swale located near the Cortland Country Club golf course held all the water, or whether the water went across Mr. Edlund's property. He also questioned whether it would make a difference if the Town dug the retention basin across the street from Bell Drive deeper. Mr. Edlund apprised the Board there was less than a foot between the high water overflowing and it going down Bell Drive. Highway Sup't. Bush apprised the Board that digging the retention basin deeper was not an option because there is a sewer line underneath the ground. L 1 I L4 -7 SEPTEMBER 15, 2004 TOWN BOARD MEETING PAGE 2 Councilman Testa stated part of the problem is due to the new construction in the Renaissance Development. He informed the Board he has a retention pond behind his house located on Hillside Drive, which fills up from the Renaissance Development runoff. Mr. Edlund apprised the Board that the pipes under Bell Drive are over fifty -years old. If the pipes collapse there would be major problems. Councilman Testa suggested the Board ask James Trasher of Clough, Harbour & Associates to conduct a study of the area. Supervisor Thorpe agreed that Clough, Harbour & Associates should get involved. He stated there are several possibilities to correct the problem including the installation of additional pipes to carry water away, or a diversion to the Tioughnioga River. Attorney Folmer commented that the pipe that goes under Bell Drive at the south end of the swale is small. At one point the Town looked into the possibility of expanding and enlarging the pipe. The problem with doing so is that it is too close to Mrs. Abate's home to permit any significant digging without endangering the home. Attorney Folmer stated he would contact James Trasher of Clough, Harbour & Associates regarding the issue, and would direct Mr. Trasher to contact Highway Sup't. Bush. Supervisor Thorpe offered privilege of the floor to William McDermott. William McDermott apprised the Board it was brought to his attention that with the Highland Road Sewer Improvement Project there is no manhole planned for future sewers coming down Sunnyfield Drive where his house is located. He brought the issue to the Town Engineer's attention on several occasions. Mr. McDermott was not requesting that the sewer be extended to his subdivision, but thought it was reasonable to have a manhole and a stub available so that a sewer extension could be available in the future. Mr. McDermott also reminded the Board of the issue with the Booster Pump Station. Supervisor Thorpe stated he had a letter addressed to Mr. McDermott from Town Engineer, Hayne Smith dated September 14, 2004. Supervisor Thorpe read the letter aloud to Mr. McDermott since he had not yet received it. According to the letter, Engineer Smith explained that the Town would be installing a manhole adjacent to Mr. McDermott's property frontage on the east side of Highland Road, which could be useful as a connection point for a sewer discharge from the Wood's Edge subdivision. Supervisor Thorpe questioned whether Mr. McDermott still had a problem. Mr. McDermott stated he no longer had a problem, and thanked the Board for their time. The monthly report of the Supervisor for the month of August 2004 is on the table for review and filed in the Town Clerk's office. Attorney Folmer and the Board reviewed the Short Environmental Assessment Form for the Aquifer Protection Permit submitted by LDD Corp. The Board determined the action would aggravate the existing traffic pattern on NYS Route 281 and NYS Route 222, and felt there were existing adverse affects regarding traffic. The Board also determined there would be controversy related to the potential adverse environmental impacts because the owner of Squeaky Clean Car Wash on the. north side of NYS Route 222 raised traffic issues and questions. Attorney Folmer suggested the Board table the Aquifer Protection Permit application until the next meeting, which would allow him additional time to determine what information should be attached to the Board's SEQR determinations. He also reminded the Board that a SEQR determination is not a determination of the application, but is used to gather information. Councilman Rocco questioned whether the Board could put restrictions on turning left out of the location. Councilman Testa stated if the Board put restrictions on the proposed application, they would then have to put the same restrictions on the businesses located on each corner of the intersection of NYS Route 281 and NYS Route 222. The determination was left up to the NYS DOT, who did not have a problem with the application. Supervisor Thorpe commented that the Board cannot dictate to the NYS DOT. Attorney Folmer stated that according to recommendations made by the County Planning Board, they suggested the Town consult with the NYS DOT to ensure that the existing curb cuts are adequate for the proposed additional use. The letter from the NYS DOT states that, "the existing two driveways are consistent with our previous approval and are adequate for the addition of a single bay car wash facility." Also, the Town Planning Board recommended the SEPTEMBER 15, 2004 TOWN BOARD MEETING PAGE 3 Board issue the Aquifer Protection Permit conditioned upon a maintenance plan for a sediment tank and oil/water separator. Attorney Folmer explained that in order for the Board to make a Negative Declaration under SEQR he would need more time to compile the necessary information. RESOLUTION #151 TABLE AQUIFER PROTECTION PERMIT APPLICATION SUBMITTED BY LDD CORP. FOR PROPERTY LOCATED AT 3948 NYS ROUTE 281 UNTIL OCTOBER 6, 2004 AT 7:00 P.M. Motion by Councilman Testa Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby table the Aquifer Protection Permit application submitted by LDD Corp. for property located at 3948 NYS Route 281, tax map #86.13-01- 49.000, until October 6; 2004 at 7:00 p.m. Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and file correspondence from George A. Doucette, P.E. from the New York State Department of Transportation to Mr. Roger T. Whelan of Whelan & Curry Construction Services, Inc., regarding the proposed application by LDD Corp. for a car wash at their property located on the corner of NYS Route 281 and NYS Route 222. All voting aye, the motion was carried. Town Clerk Snyder apprised the Board she received correspondence from Earl and Betty Wild regarding their intent to renew the wine and beer license for Golden Lunch Restaurant. Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and file correspondence from Earl and Betty Wild regarding their intent to renew their wine and beer license for the Golden Lunch Restaurant, located at 3950 NYS Route 281. All voting aye, the motion was carried. Attorney Folmer reported: Financing for Highland Road Sewer Improvement Project: Attorney Folmer apprised the Board that all the documentation required by Hawkins, Delafield and Wood and by the Environmental Facilities Corp. regarding financing for the Highland Road Sewer Improvement Project was submitted. The transaction should be closed on or about September 23, 2004, at which point the Town should receive over $900,000 in interim financing for the project. Refunding Public Improvement Bonds - 2004: Attorney Folmer apprised the Board he was not able to provide all the information required by Hawkins, Delafield & Wood for the refunding of the Town's bonds. The Town was missing a copy of the Arbitrage Certificate relating to the 1993 Public Improvement Bond. Attorney Folmer provided the file number for the 1993 bond to Bond Council, who would contact Willkie Farr & Gallagher, Esqs. to obtain a copy of the necessary certificate. Audit and Control: Attorney Folmer apprised the Board he would write a letter to Audit & Control informing them the Town would adopt a policy that in July of each year the Town's financial advisor would review the Town's position and determine whether any changes should be made regarding the Town's finances and possible refunding opportunities. Supervisor Thorpe apprised the Board he had a press release from Congressman Sherwood Boehlert regarding the Town's receipt of a Community Development Block Grant in the amount of $313,000 for Essex Structural Steel Co. Inc. q -) SEPTEMBER 15, 2004 TOWN BOARD MEETING PAGE 4 RESOLUTION #152 REAPPOINT GREGORY ROBINSON TO THE BOARD OF ASSESSMENT REVIEW Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby reappoint Gregory Robinson, 938 Blue Creek Road, Cortland, NY, to the Cortlandville Board of Assessment Review for a five-year term commencing October 1, 2004 and expiring September 30, 2009. Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and file a petition from Bell Drive residents regarding drainage concerns, dated July 29, 2004. All voting aye, the motion was carried. Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and file correspondence from Town Engineer, Hayne Smith dated September 2, 2004 to William McDermott in response to Mr. McDermott's correspondence dated August 13, 2004 regarding the Highland Road Sewer Improvement Project. All voting aye, the motion was carried. Councilman Testa made a motion, seconded by Councilman O'Donnell, to receive and file correspondence from William McDermott dated August 13, 2004 to Town Engineer, Hayne Smith, regarding the Highland Road Sewer Improvement Project. All voting aye, the motion was carried. Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and file correspondence from Town Engineer, Hayne Smith dated September 8, 2004 to William McDermott, regarding the Highland Road Sewer Improvement Project. All voting aye, the motion was carried. Councilman Testa made a motion, seconded by Councilman O'Donnell, to receive and file correspondence from William McDermott dated September 13, 2004 to Town Engineer, Hayne Smith, regarding the Highland Road Sewer Improvement Project. All voting aye, the motion was carried. Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and file correspondence from Town Engineer, Hayne Smith dated September 14, 2004 to William McDermott, regarding the Highland Road Sewer Improvement Project. All voting aye, the motion was carried. Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and file correspondence from Attorney John Sidd of Riehlman, Shafer & Shafer, regarding the First Amendment to Payment In Lieu of Tax Agreement between the Cortland County Industrial Development Agency and N.C.W.P., LLC. All voting aye, the motion was carried. There was a brief discussion regarding correspondence from Raymond Lewandowski of Madison Cortland ARC regarding a site for a community residence on College View Drive. Attorney Folmer apprised the Board they have forty days from September 2, 2004 (the date of the letter) to either approve the site, suggest one or more suitable sites, or object to the site and explain why. If the Board does not respond within the forty -day period, they can establish the community residence as if the Board approved it by default. According to correspondence from Madison Cortland ARC dated September 3, 2004, a letter would be distributed to the neighbors of the proposed sites. Residents may voice their concerns to the Town. Attorney Folmer explained that the Board has the option of holding a public hearing regarding the matter. ISO SEPTEMBER 15, 2004 TOWN BOARD MEETING PAGE 5 The Board decided that a public hearing should be held to give residents the opportunity to voice their opinion. RESOLUTION #153 SCHEDULE PUBLIC HEARING REGARDING THE PROPOSED SITE FOR A COMMUNITY RESIDENCE ON COLLEGE VIEW DRIVE BY MADISON CORTLAND ARC Motion by Councilman Rocco Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, a Public Hearing shall be scheduled for October 6, 2004 at 7:00 p.m. regarding the proposed site for a community residence on College View Drive by Madison Cortland ARC. Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and file correspondence from Raymond Lewandowski, Executive Director of the Madison Cortland ARC dated September 2, 2004, regarding a site for a community residence on College View Drive. All voting aye, the motion was carried. Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and file correspondence from Raymond Lewandowski Executive Director of the Madison Cortland ARC dated September 3, 2004, regarding a letter sent to area residents for a community residence on College View Drive. All voting aye, the motion was carried. Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and file correspondence from Michael Hale of the Environmental Facilities Corp. regarding the NYS Water Pollution Control Revolving Fund and the Short -Term SRF Financing to the Town in the amount of $967,081. All voting aye, the motion was carried. There was a brief discussion regarding the Lamont Memorial Free Library. Councilman O'Donnell commented that for the past two years Library's contact with the Town was $23,800 annually, which was due to the improvements and the addition to the library. For the 2005 year, the Library requested $13,800, which was a $2,500 increase from what was requested in the contract years prior to the improvements. Councilman O'Donnell suggested the Board look into the large increase during budget time. Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and file correspondence from Carl Kimberly of the Lamont Memorial Free Library regarding the 2005 contract between the Town of Cortlandville and the Library. All voting aye, the motion was carried. Councilman O'Donnell made a motion, seconded by Councilman Rocco, to receive and file correspondence from Robert Barnes, State of New York Office of Real Property Services regarding the application for the 2004 Maintenance Aid Assistance. All voting aye, the motion was carried. RESOLUTION #154 AUTHORIZE HIGHWAY SUP'T. TO PURCHASE ONE NEW 2005 INTERNATIONAL 7600 SFA 4 x 2 FROM THE HIGHWAY RESERVE FUND SUBJECT TO PERMISSIVE REFERENDUM Motion by Councilman Rocco Seconded by Councilman Testa VOTES: ALL AYE ADOPTED 151 SEPTEMBER 15, 2004 TOWN BOARD MEETING PAGE 6 BE IT RESOLVED, the Town Board does hereby authorize and direct the Highway Sup't. to purchase one new 2005 International 7600 SFA 4 x 2 from the Highway Reserve Fund for the Highway Department, and it is further RESOLVED, that this resolution is adopted subject to permissive referendum as required by law. Attorney Folmer apprised the Board that his wife, Carol Folmer, resigned as Vice President of the Board of Trustees at the Lamont Memorial Library. Councilman Rocco made a motion, seconded by Councilman O'Donnell, to receive and file correspondence from Port, Kashdin & McSherry, Certified Public Accountants regarding the review of the various accounts of the Town Justice Court. All voting aye, the motion was carried. Supervisor Thorpe apprised the Board he had a resolution supporting legislation for the restoration of traffic fine revenue, which states the Town's objection to the bill. If the bill to change the distribution of fines is passed, money would be taken away from municipalities and placed in the State Treasury. The Town would lose a minimum of $25,000 in anticipated fine revenues. Supervisor Thorpe requested the Board adopt the resolution supporting the restoration of traffic fine revenue. RESOLUTION #155 RESOLUTION SUPPORTING RESTORATION OF TRAFFIC FINE REVENUE Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE ADOPTED WHEREAS, Vehicle and Traffic Law, § 1803 governs the disposition of fines and penalties collected in connection with convictions pursuant to the Vehicle and Traffic Law; and WHEREAS, Chapter 56 of the Laws of 2004, effective August 20, 2004, changed the distribution of the fines taking them away from municipalities and placing them in the State Treasury; and WHEREAS, this change in the fine and penalties distribution formula will result in a loss to local taxpayers or more than $20 million in fine monies -- monies which have historically been used to fund justice court operations; and WHEREAS, the Town of Cortlandville will likely lose $25,000.00 approx. minimum in anticipated fine revenues; and WHEREAS, this State Budget provision with its immediate effective date will result in significant 2004 deficits and will negatively impact the town property tax rates for 2005; NOW, THEREFORE BE IT RESOLVED, that the Town of Cortlandville calls for the restoration of the original fine distribution formula in order to provide towns with necessary revenues to fund justice court operations; AND BE IT FURTHER RESOLVED, that the Town of Cortlandville urges the passage of legislation introduced by Senator Bonacic (5.7757) and Assemblyman Cahill which amends the Vehicle and Traffic Law to restore this source of revenue to local governments; AND BE IT FURTHER RESOLVED, that a copy of this resolution be sent to the Governor George E. Pataki; Joseph L. Bruno, Majority Leader of the Senate; Sheldon Silver, Speaker of the Assembly; Senator Elizabeth Little; Chair of the Local Government Committee; Assemblyman Robert Sweeney, Chair of the Local Government Committee; Senator Owen Johnson, Chair of the Finance Committee; Assemblyman Herman D. Farrell Jr., Chair of the Ways and Means Committee; Senator John A. DeFrancisco, Chair of Judiciary Committee; Assemblywoman Helene E. Weinstein, Chair Judiciary Committee; and Senator James L. Seward and Assemblywoman Barbara Lifton. SEPTEMBER 15, 2004 TOWN BOARD MEETING PAGE 7 Supervisor Thorpe apprised the Board there have been problems with the Town's contracted cleaning company, T.C. Cleaning Service, Inc. The job done by the cleaners has not been satisfactory. According to Supervisor Thorpe Town Custodian, Lonna Maxson is adamant about terminating the cleaning contract and hiring Don Eccleston of Don's Janitorial Service. Attorney Folmer apprised the Board the Town has a contract with T.C. Cleaning Service Inc., but according to Mrs. Maxson there was nothing in the contract regarding termination. The cleaning company could therefore be treated as an "employee at will," and with notice could be terminated. RESOLUTION #156 TERMINATE CONTRACT OF T.C. CLEANING SERVICE INC. EFFECTIVE SEPTEMBER 19.2004 Motion by Councilman Rocco Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Supervisor is hereby authorized and directed to terminate the contract of T.C. Cleaning Service Inc. effective September 19, 2004 due to unsatisfactory cleaning to the Town Hall. RESOLUTION #157 ACCEPT CONTRACT PROPOSAL FROM DON'S JANITORIAL SERVICE 1N THE AMOUNT OF $16,800.00 PER YEAR FOR CLEANING THE TOWN HALL Motion by Councilman Rocco Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby accept the contract proposal from Don's Janitorial Service in the amount of $16,800.00 per year based on the recommendation of Town Custodian, Lonna Maxson for cleaning the Town Hall, and it is further RESOLVED, the cleaning contract shall commence September 20, 2004. No further comments or discussion were heard. 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 6:15 p.m. Respectfully submitted, Karen Q. Snyder Town Clerk Town of Cortlandville 1