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HomeMy WebLinkAbout10-20-2004OCTOBER 20, 2004 5:00 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: 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; Water & Sewer Sup't. Peter Alteri; Highway Sup't. Carl Bush; Tricia Saulnier Littlejohn, from the Cortland County Planning Department; Attorney Mike Shafer of Riehlman, Shafer & Shafer; Trish Hansen and David Butler from TLC Emergency Medical Services, Inc.; Ann Hotchkin from Thoma Development Consultants; Planning Board Member, Nick Renzi; Deputy Town Clerk, Kristin Rocco; Cortland County Legislator, Kay Breed; Eric Mulvihill from WXHC; News Reporter, Patrick Ruppe from the Cortland Standard; Doug Staley from the Cortlandville Fire Department; and two representatives from LDD Corp. Supervisor Thorpe called the meeting to order. RESOLUTION #164 AUTHORIZE PAYMENT OF VOUCHERS - OCTOBER Motion by Councilman Testa 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 #533 - 566 $ 17,500.08 General Fund B B 103 - B 106 $ 4,902.03 Highway Fund DB D371 - D390 $ 42,202.02 Water Fund W210 - W222 $ 7,416.61 Sewer Fund S84 - S88 $ 4,630.97 Trust & Agency TA2 - TA2 $ 27,729.29 Capital Projects H55 - H56 $ 28.23 Supervisor Thorpe offered privilege of the floor to Tricia Saulnier Littlejohn. Tricia Saulnier Littlejohn, from the Cortland County Planning Board, was invited to come before the Board to discuss Geographic Information System (GIS) capabilities and the availability of grant money from the State. Before discussing GIS capabilities she asked that Ann Hotchkin discuss the availability of funding from the State for implementing the system. Ann Hotchkin of Thoma Development Consultants reminded the Board the Town received a grant in 2603 for scanning blueprints and accessing them through the computer. The same local government records management funding source is available through NYS Archives on a yearly basis for up to $75,000 with no required match from the Town. According to Mrs. Hotchkin, many departments within the Town would be able to utilize GIS mapping database. The first step would be to hire a consulting firm to conduct a needs assessment for the Town and its separate departments (ie: Water & Sewer Department, Highway Department, Assessor, Town Clerk). The Town would apply for funding to conduct the needs assessment. In a successive year, the Town would use the needs assessment to apply for funding for hardware and software to implement the system. Supervisor Thorpe questioned whether GIS would be used on a Town -wide basis or on a County -wide basis. Mrs. Littlejohn explained the GIS system would be used for just the Town. The County already has GIS, and the Planning Department is the "hub" of the County -wide GIS. The County would be able to share information with the Town. 1 1 1 159 OCTOBER 20, 2004 TOWN BOARD MEETING PAGE 2 Mrs. Littlejohn apprised the Board that GIS is much more than a mapping system, as it involves computer hardware and software, geographic data, and trained personnel. GIS was initially utilized by the U.S. Department of Defense and was highly confidential until the 1980's when it became mainstream. GIS could be used for the following: provide an inventory of Town infrastructure including water and sewer lines, roads and sidewalks; mapping tax parcels and related data; maintain a map of election districts and polling places; utilize census population data for spatial analysis; tree and vegetation inventory; and mapping of special areas. Supervisor questioned who would be responsible for conducting the needs assessment. Mrs. Hotchkin apprised the Board they would have to obtain three quotes from qualified firms. State Archives, which is the funding source, would give the Town funding based on the lowest bid. Thoma Development Consultants would write the grant application for the Town, but could not conduct the needs assessment because they are not qualified. However, the State provides a list of qualified GIS consultants. Mrs. Littlejohn apprised the Board there are several qualified GIS consultants in the area and offered her assistance to the Town if they had any questions in the future. Mrs. Hotchkin apprised the Board the Director from the Governor's Office for Small Cities met with Thoma Development Consultants and recommended the Town reapply for a Community Development Block Grant for the Blodgett Mills area. Councilman Testa questioned where the Town's application ranked the last time they applied for the CDBG. Mrs. Hotchkin did not know the Town's rating and ranking but assured the Board the prior applications were strong. She reminded the Board that, "while not every community has water and sewer, not every small community has the opportunity for economic development, every single community in the state has housing." She commented that the applications are very competitive, and pointed out that the State gets more requests than there is money for. Supervisor Thorpe offered privilege of the floor to Attorney Mike Shafer. Attorney Mike Shafer, from Riehlman, Shafer & Shafer, apprised the Board that he and Town Attorney Folmer have been in contact regarding Dr. Robert Morris' drainage problem at property located at 4515 Route 281. He apprised the Board that the placement of the drainage easement interferes with Dr. Morris' right-of-way up to Cosmos Hill Road, and questioned what the Town's next step was with regard to the drainage problem. He hoped that by next spring, when the snow melts and the run-off begins, Dr. Morris' basement would not get flooded again. According to Attorney Shafer, the problem did not exist prior to the reconfiguration of the drainage opposite from the Renaissance Development. Dr. Morris questioned whether the issue could be resolved with some re -engineering of the retention ponds above his property. Attorney Folmer apprised Attorney Shafer there are two issues. The first issue is in regard to the redesign of the system itself, which is a matter that James .Trasher of Clough, Harbour & Associates would handle. The second issue was to draft an agreement on the part of the Town representing the assumption of some responsibility should there be a defect in the design that goes behind Dr. Morris' house. Attorney Folmer requested Attorney Shafer draft an agreement that would satisfy his client that they could then review. Attorney Shafer requested that he, Dr. Morris, Highway' Sup't. Bush, Attorney Folmer, and Mr. Trasher schedule a time that they could all meet to discuss further action. Attorney Folmer agreed and stated he would contact Mr. Trasher and schedule a time to meet. He and Attorney Shafer would be in contact. Councilman Rocco suggested the Board authorize Thoma Development Consultants to submit a grant on the Town's behalf for a Geographic Information System. RESOLUTION #165 AUTHORIZE THOMA DEVELOPMENT CONSULTANTS TO COMMENCE PROCEDURE FOR A GRANT THROUGH THE NEW YORK STATE ARCHIVES PROGRAM Motion by Councilman Rocco Seconded by Councilman Testa VOTES: ALL AYE ADOPTED OCTOBER 20, 2004 TOWN BOARD MEETING PAGE 3 BE IT RESOLVED, the Town Board does hereby authorize and direct Thoma Development Consultants to commence the procedure for a grant through the New York State Archives Program for the development of a Geographic Information System (GIS). Councilman O'Donnell apprised the Board that Ron Barrows and Sue Stevens from The Barrows Group were listed on the agenda under privilege of the floor. However, they were not ready to update the Board regarding the Starr Road Park & Recreation Center. Instead, they would attend the November 17, 2004 Town Board Meeting. Supervisor Thorpe offered privilege of the floor to David Butler and Trish Hansen. David Butler, owner of TLC Emergency Medical Services, Inc. apprised the Board that he and Trish Hansen were in attendance to discuss the contract between TLC and the Town, which has been in place since 1991 when Hayes Ambulance owned the service. He wanted the Board to understand the services the Town receives under the contract including quality care to all residents in the Town and the County. Mr. Butler introduced Trish Hansen to explain the services covered under the contract. Trish Hansen apprised the Board that under contract the Town is guaranteed an ambulance to any all -hands fire in the Town even though the fire department has EMT's on the scene. The benefit of an ambulance is that there is a dedicated crew at the scene and there is no delay in transport. The biggest benefit of the contract, which is seen by all Cortlandville residents, is that there is a reduced rate. The Basic Life Support (BLS) contract rate is $75.00 less than the private pay rate, and the Advanced Life Support (ALS) contract rate is $165.00 less than the private pay rate. In the year 2003 Cortlandville residents saved more than $28,000. The Town's contract price is approximately $10,000, which is an $18,000 savings to the residents. From January thru September 2004, the total savings was $26,000, which is a $16,000 savings to the residents after subtracting the contract price. Mrs. Hansen apprised the Board that approximately 5% of all patients transported by TLC do not have insurance, while 35% of patients have private insurance which does not pay 100% of the bill. Such people see a direct benefit of the contract. On the other hand, 50% of all patients transported have insurance coverage from government agencies, such as Medicare and Medicaid, and are not entitled to the contract rates because the rates are established by the government agencies. Mrs. Hansen stated there have been questions about how TLC knows who receives the discounted rate. She explained the different dispatch zones and explained the billing process. Although TLC has an estimated 8% error rate on correctly identifying patients who reside in Cortlandville, Mrs. Hansen stated that the staff works hard to insure that patients are charged correctly, and will also correct billing errors. Councilman Rocco questioned what an average ALS call would cost a resident. Mrs. Hansen apprised the Board the base rate for an ALS call is $510.00 in the contract area. Mileage is added on top of the base rate, which is $7.50 a mile. Medicare requires the ambulance companies not charge less than what Medicare pays for mileage. Mr. Butler commented that the contract helps offset the costs of sending an ambulance out when there is no patient, when the patient refuses to be transported, or when they are cancelled enroute to a call. Councilman Rocco questioned what percentage of people do not pay for the ambulance service. Mr. Butler commented that 35% of the calls are uncollectable. TLC has to fight to collect the balance of bills from the patients. If the transport was due to a DWI accident the insurance companies do not want to pay and the patient has to be billed. Councilman Rocco. questioned why the Town should renew the contract with TLC when the Cortlandville Fire Department believes it is not necessary. Mr. Butler stated the contract offsets costs, and the residents of Cortlandville see a direct savings off of their bill. Councilman Testa questioned whether the Cortlandville Fire Department is trained like TLC Ambulance EMT's. Mrs. Hansen apprised the Board the fire department is trained as basic life support providers. They cannot do the interventions that advanced life support providers can do. The fire department cannot transport patients either. She commented that the fire departments are very important, as they are often the first on the scene and the first to respond with medical care. OCTOBER 20, 2004 TOWN BOARD MEETING PAGE 4 She assured the Board that regardless of whether the Town renews the contract, TLC will still respond to calls and patients will continue to receive the same level of care. Councilman Rocco questioned what other towns have opted to do with regard to a contract. Mrs. Hansen informed the Board that some municipalities have opted not to contract with TLC, which means they have opted not to give TLC a subsidy. The residents of such municipality do not receive a reduced rate nor is an ambulance sent to every all -hands fire. The bottom line is that residents of municipalities that have the contract receive a reduced rate. Attorney Folmer questioned whether there is a charge when an ambulance is called to a scene where there is no patient, and whether there would be a charge if there were no contract. Mrs. Hansen stated there is no charge for Cortlandville residents at this time with or without the contract, but there could be a charge in the future. Similar to every other health care agency, TLC's reimbursement is significantly lower than their actual cost. Mrs. Hansen reminded the Board that TLC is an Empire Zone business in the community that employees nearly 50 professionals. TLC provides an important service to residents, but is also a business. Supervisor Thorpe commented that the contractual amount is considerably lower than the actual savings to residents. Councilman Rocco stated the question was whether the taxpayers of the Town should have to pay for a service that they may not be using. Mrs. Hansen apprised the Board there are many services that TLC can provide to Town residents such as sending a survey out with the invoice. Councilman Testa questioned how many municipalities are served by TLC. Mrs. Hansen informed the Board that TLC covers more than 80% of the population of Cortland County, including: Cortlandville, Homer, Village of McGraw, City of Cortland, Preble, Solon, Scott, and Virgil. Mr. Butler mentioned there are several events that TLC covers at no charge such as the Senior Games, Walk for Life, and football games. Supervisor Thorpe thanked Mrs. Hansen and Mr. Butler for discussing the contract with the Board. Under old business, Representatives of LDD Corp. questioned whether the Board would act on the Aquifer Protection Permit for LDD Corp. for the construction of a single bay car wash, which was tabled at the September 15, 2004 Town Board Meeting. Attorney Folmer apprised the representatives of LDD Corp. that an Article 78 proceeding was commenced, asking that the Supreme Court vacate and set aside the Decision by the Town Planning Board giving site plan approval and a conditional permit approval to LDD Corp. The matter is not returnable to the court until December 10, 2004. A representative of LDD Corp. commented that the, Article 78 proceeding was against the Town Planning Board rather than the operator, and was upset that he was not aware of the circumstances. Attorney Folmer stated the Board could act on the Aquifer Protection Permit. However, the permit would be granted on the basis of a recommendation by the Town Planning Board that the permit should be granted. If the Article 78 Proceeding is successful, Attorney Folmer stated there would be a significant problem with the further development. . The representative of LDD Corp. questioned what the basis was for the Article 78 proceeding. Attorney Folmer stated the basis was that it was arbitrary and capricious; that the Planning Board did not examine things the way they should; that they jumped to a conclusion; and that they did not thoroughly investigate the SEQR. Attorney Folmer read aloud a section of the petition filed. Because LDD Corp. is not a party in the Article 78 proceeding they did not receive a copy of the petition. He offered to provide the representatives with a copy of the petition, and reassured them that the Town intended to defend the petition. A representative of LDD Corp. questioned whether the Board could approve the Aquifer Protection Permit conditioned upon the successful resolution of the Article 78 proceeding. Councilman Rocco questioned why the Board should approve the application now with the pending litigation. Attorney Folmer reminded the Board that there are time limits to follow from the time an Aquifer Protection Permit application is submitted. The Board could approve the permit with the understanding that if the outcome of the Article 78 proceeding was not successful, then the site plan review and conditional permit would no longer be valid. LDD Corp. could not build without such permit approvals. Councilman Rocco stated he felt comfortable moving the permit along and made a motion for its approval. I ( Z- OCTOBER 20, 2004 TOWN BOARD MEETING PAGE 5 Councilman O'Donnell questioned whether there were conditions set by the County Planning Board and the Town Planning Board for the approval of the Aquifer Protection Permit. Attorney Folmer recommended the Board approve the permit conditioned upon the recommendations made by the Town Planning Board, and conditioned upon a successful resolution of the pending Article 78 proceeding. RESOLUTION #166 DECLARE NEGATIVE IMPACT FOR' AQUIFER PROTECTION PERMIT #5 OF 2004 SUBMITTED BY LDD CORP. FOR PROPERTY LOCATED AT 3948 NYS ROUTE 281 Motion by Councilman Rocco Seconded by Councilman Testa VOTES: ALL AYE ADOPTED WHEREAS, an Aquifer Protection Permit application was submitted by LDD Corp. for property located at 3948 NYS Route 281, permitting the construction of a single bay free standing laser car wash at the site of an existing gas station and convenience store, tax map #86.13-01-49.000, and WHEREAS, the Town Board as Lead Agent, duly reviewed and completed the Short Environmental Assessment Form, therefore BE IT RESOLVED, the Town Board as Lead Agent, does hereby declare the proposed project of LDD Corp., Aquifer Protection Permit #5 of 2004, shall have no significant environmental impact. RESOLUTION #167 AUTHORIZE SUPERVISOR TO SIGN SEQRA APPLICATION OF AQUIFER PROTECTION PERMIT #5 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 #5 of 2004, submitted by LDD Corp. RESOLUTION #168 APPROVE AQUIFER PROTECTION PERMIT 45 OF 2004 SUBMITTED BY LDD CORP. FOR PROPERTY LOCATED AT 3948 NYS ROUTE 281 SUBJECT TO CONDITIONS Motion by Councilman Rocco Seconded by Councilman Testa 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 #5 of 2004 submitted by LDD Corp., for property located at 3948 NYS Route 281, permitting the construction of a single bay free standing laser car wash at the site of an existing gas station and convenience store, tax map #86.13-01-49.000, subject to the following conditions: 1) The applicant filing a maintenance plan for the proposed sediment tank and the oil/water separator with the Town. 2) The Town Board acting as Lead Agency under SEQRA, and 3) Upon the successful resolution of the pending Article 78 proceeding in the matter of the petition of My Ryan, LLC. vs. the Town of Cortlandville Planning Board. 1(03 OCTOBER 20, 2004 TOWN BOARD MEETING PAGE 6 RESOLUTION #169 SCHEDULE PUBLIC HEARING REGARDING THE 2005 PRELIMINARY BUDGET Motion by Councilman Testa Seconded by Councilman Pilato VOTES: ALL AYE ADOPTED BE IT RESOLVED, a Public Hearing is hereby scheduled to be held on November 3`d, 2004 at 7:00 p.m. regarding the 2005 Preliminary Budget, and it is further RESOLVED, that 20 copies shall be made available for distribution to the public on October 29, 2004. RESOLUTION #170 SCHEDULE DATE TO ADOPT 2005 PRELIMINARY BUDGET AS THE 2005 ADOPTED BUDGET Motion by Councilman Testa Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board shall adopt the 2005 Preliminary Budget as the 2005 Adopted Budget on November 17d', 2004 at 5:00 p.m. There was discussion regarding Program Delivery and Administrative Services for the Community Development Block Grant for Essex Structural Steel Co. Inc. The Town requested that proposals for Program Delivery be submitted no later than 12:00 p.m. on October 20, 2004 in the office of the Town Clerk. Town Clerk Snyder did not receive any proposals, nor did she receive any inquiries regarding the proposal. However, one proposal from Thoma Development Consultants was submitted to the Supervisor's office and opened on October 15, 2004. According to Attorney Folmer, the failure to file the proposal in the office of the Town Clerk according to the legal notice was a ministerial and administrative act that could be solved by resolution. Because no other bids were submitted, the Board was authorized to accept the proposal from Thoma Development Consultants. RESOLUTION 4171 AWARD BID TO THOMA DEVELOPMENT CONSULTANTS FOR PROGRAM DELIVERY AND ADMINISTRATIVE SERVICES FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM IN THE AMOUNT OF $12,000 FOR ESSEX STRUCTURAL STEEL CO. INC. Motion by Councilman Rocco Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED WHEREAS, bids were advertised for program delivery and administrative services of the Community Development Block Grant for Essex Structural Steel Co. Inc., to be submitted to the Town Clerk no later than 12:00 p.m. on October 20, 2004, and WHEREAS, the Town Clerk did not receive any bids nor any inquiries regarding the proposals as required, and WHEREAS, the Supervisor's office received and opened one bid from Thoma Development Consultants on October 15, 2004 and failed to submit the bid to the Town Clerk, which was a ministerial and administrative act, therefore BE IT RESOLVED, the bid as recommended by the Town Board is hereby awarded to Thoma Development Consultants of Cortland, New York in the amount of $12,000. OCTOBER 20, 2004 TOWN BOARD MEETING PAGE 7 Attorney Folmer reported: George Haesche — Notice of Petition: Attorney Folmer apprised the Board the action commenced by George.Haesche regarding the Town Planning Board's determination not to grant permission to construct a radio tower off of Blue Creek Road was discontinued at no cost to the Town. The Planning Board granted an alternate request by Mr. Haesche for the construction of a radio tower off of Fisher Avenue. Noise Ordinance: Attorney Folmer stated he would submit a draft noise ordinance to the Board at the first meeting in November. After the draft ordinance is filed it can be examined by the public. Account with First National Bank of Dryden: Attorney Folmer apprised the Board an account was opened at the First National Bank of Dryden for the Starr Road Park & Recreation Center. He requested the Board adopt a resolution naming the signatories on the account. The Board decided to name Councilman O'Donnell, Councilman Testa and Supervisor Thorpe as the signatories. RESOLUTION #172 NAME SIGNATORIES FOR THE TOWN OF CORTLANDVILLE'S BANK ACCOUNT WITH FIRST NATIONAL BANK OF DRYDEN FOR THE STARR ROAD Motion by Councilman Rocco Seconded by Councilman Pilato VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby name Supervisor Raymond G. Thorpe, Councilman Theodore V. Testa, and Councilman Edwin O'Donnell as signatories for the Town of Cortlandville's account with First National Bank of Dryden for the Starr Road Park and Recreation Center. Review of Fees for Circus/Fair Permit: Attorney Folmer reminded Town Clerk Snyder of her past request to review the Town's fee schedule relating to the Circus/Fair Permits. He stated it was now the appropriate time to review the fees since it is budget time. Request to be a Certified Electrical Inspector within the Town: Attorney Folmer apprised the Board he received correspondence from Bruce Homcastle requesting the Town grant him certification as an Electrical Inspector within the Town. Attorney Folmer was not sure whether or not the Town grants such certification. Doug Staley from the Cortlandville Fire Department interjected and stated there are not many qualified electrical inspectors in the area. He informed the Board they could contract with an electrical inspector allowing the person to work within the Town. A certificate of insurance would have to be provided to the Town. Attorney Folmer stated he would look into the matter. Refunding Public Improvement Bonds - 2004: Attorney Folmer presented the Board with a final transcript of the proceedings for the Refunding Public Improvement Bonds - 2004. He requested the Board receive and file the transcript for the refunding of the bonds at $4,995,000. 1 1 1(5 OCTOBER 20, 2004 TOWN BOARD MEETING PAGE 8 Councilman O'Donnell made a motion, seconded by Councilman Rocco, to receive and file the final Transcript of Proceedings for the Refunding Public Improvement Bonds - 2004. All voting aye, the motion was carried. Financing for Highland Road Sewer Improvement: Attorney Folmer apprised the Board the funding with the Environmental Facilities Corp. closed earlier this month at, a sum of over $970,000. The 0% interest loan would reimburse the Town for costs incurred with the Highland Road Sewer Improvement Project. Bond Counsel: Attorney Folmer apprised the Board that one of the departments within Hawkins Delafield & Wood, who is the Town's Bond Counsel, serves as Bond Counsel to the Environmental Facilities Corporation. While the two departments are independent, the Board was asked to recognize that the relationship exists. Councilman O'Donnell made a motion, seconded by Councilman Pilato, to receive and file an executed copy of the Town's New York State Small Cities Program Community Development Block Grant Agreement for the year 2004 for Essex Structural Steel Co. Inc. All voting aye, the motion was carried. Councilman O'Donnell made a motion, seconded by Councilman Rocco, to receive and file correspondence from the New York State Governor's Office for Small Cities regarding the approval of the Town's request for Release of Funds and Certification for the Community Development Block Grant for Essex Structural Steel Co. Inc. All voting aye, the motion was carried. Councilman Testa made a motion, seconded by Councilman Rocco, to receive and file the following correspondence regarding the Proposed Zoning Amendment and/or the proposed Super Wal-Mart: a) Attorney Neal Madden from Harter, Secrest & Emery Attorneys; b) Lydia Ferro; c) Planning Board member, Nick Renzi; d) Jo Schaffer, Commissioner, Cortland Planning Board Member, Architectural Review Board, City of Cortland; e) Tina Aversano; f) George Sisting; g) Uzella Scoville; h) Dorothy Palladino; i) John and Judy Green; j) Dorothy and Roger Thornton; k) Gene and Marilyn Barker; 1) James and Sheri Henry; m) John P. Carroll; n) William and Lorna Wall. All voting aye, the motion was carried. RESOLUTION #173 AUTHORIZE SUPERVISOR TO TRANSFER $135,881.58 FROM THE SEWER SURPLUS FUND TO THE CAPITAL PROJECT SEWER FUND FOR THE HIGHLAND ROAD SEWER PROJECT Motion by Councilman Rocco Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED WHEREAS, the Bookkeeper has requested a cash advance be transferred from the Sewer Surplus Fund to the Capital Project Sewer Fund for the Highland Road Sewer Project, therefore BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to transfer $135,881.58 from the Sewer Surplus Fund to the Capital Project Sewer Fund, and it is further RESOLVED, the Town Sewer Surplus Fund will be reimbursed when the project is bonded. Councilman Testa made a motion, seconded by Councilman O'Donnell, to receive and file correspondence from George Douchette, Regional Traffic Engineer for the NYS DOT, to Gordon Stansbury of the Stantec Consulting Group, Inc. regarding the driveway entrances for Getty -Mart Gas Station on Route 281 and Route 222.. All voting aye, the motion was carried. OCTOBER 20, 2004 TOWN BOARD MEETING PAGE 9 RESOLUTION #174 AUTHORIZE SUPERVISOR TO ISSUE REFUND TO ERIC YOUNG FOR ERRONEOUSLY CHARGED QUARTERLY SEWER CHARGE Motion by Councilman Testa Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED WHEREAS, it was brought to the Water & Sewer Superintendent's attention that account E0631 for property located at 671 Sterling Park was charged a sewer quarterly charge since October 2, 2002, and WHEREAS, there is no public sewer available to said property, and WHEREAS, the property recently sold and the new owner noticed the error and was subsequently credited for the incorrect charge for their October 2004 quarterly charge, therefore BE IT RESOLVED, the Town Board does hereby authorize the Supervisor to issue a refund of $175.42 to Eric Young, the prior owner of 671 Sterling Park, Cortland, New York, for erroneously charged quarterly sewer charge since October 2, 2002. There was a brief discussion regarding the site selection of Madison Cortland ARC for property located at Collegeview Drive. Councilman O'Donnell commented that the Town did not receive any comments or concerns with regard to the plan, nor did anyone attend the informational meeting regarding the purchase and renovation of the home. Attorney Folmer commented that the Town has very little choice with regard to the proceedings of the purchase of property for a group adult home. The Board either approves it, suggests alternate sites, or objects it on the grounds that the community is being over saturated with the particular types of homes. Councilman O'Donnell commented that the adult homes throughout the community have generally not created problems. Councilman O'Donnell made a motion, seconded by Councilman Rocco, to receive and file correspondence from Raymond A. Lewandowski, Executive Director for the Madison Cortland ARC, regarding the purchase of property located at 4015 Collegeview Drive. All voting aye, the motion was carried. Supervisor Thorpe informed the Board that Town Justice Casullo requested approval for the installation of a commercial carpet in the courtroom area and in the vestibule behind the courtroom. Justice Casullo believed the carpet would not only enhance the appearance of the courtroom, but would more importantly create a safer atmosphere for people during the winter months when the floor is slippery. Supervisor Thorpe presented the carpet sample to the Board. Supervisor Thorpe stated he would notify Justice Casullo that there were no objections to the installation of a carpet in the courtroom. Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and file correspondence from Town Justice Francis Casullo regarding improvements and renovations to the Town Court. All voting aye, the motion was carried. RESOLUTION #175 SCHEDULE TWO PUBLIC HEARINGS FOR A COMMUNITY DEVELOPMENT BLOCK GRANT FOR THE BLODGETT MILLS AREA Motion by Councilman Pilato Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, a Public Hearing shall be scheduled for November 17, 2004 at 5:00 p.m. for the Community Development Block Grant application regarding the Blodgett Mills area, and it is further OCTOBER 20, 2004 TOWN BOARD MEETING PAGE 10 RESOLVED, a second Public Hearing shall be scheduled for March 2, 2005 at 7:00 p.m. for the Community Development Block Grant application regarding the Blodgett Mills area. Councilman Testa apprised the Board that Town Bookkeeper, Marcia Hicks requested the Board conduct a Budget Workshop on Monday, October 25, 2004 at 4:00 p.m. at the Town Hall. Attorney Folmer apprised the Board the Planning Board would meet October 26, 2004. Representatives of Wal-Mart requested they continue their presentation regarding their application for a Planned Unit Development. Attorney Folmer stated if he met with James Trasher of Clough, Harbour & Associates and drafted a final form of the Zoning Text Amendment to be presented to the Board in November, the final draft would have to go back to the County Planning Board for review and recommendations. Attorney Folmer asked the Board to plan on receiving the final draft of the Zoning Text Amendment at one of the two meetings in November, and then forwarding it on to the County. No further comments or discussion were heard. Councilman Rocco made a motion, seconded by Councilman Testa, to adjourn the Regular Meeting. All voting aye, the motion was carried. The meeting was adjourned at 6:25 p.m. Resp ctfully submitted, i Karen Q. Snyder Town Clerk Town of Cortlandville