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HomeMy WebLinkAbout09-21-2005114 SEPTEMBER 21, 2005 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 Tupper presiding. Members present: Supervisor, Richard Tupper Councilman, Theodore Testa Councilman, Edwin O'Donnell Councilman, Ronal Rocco Councilman, John Proud Town Clerk, Karen Q. Snyder Others present were: Town Attorney, John Folmer; Highway Sup't. Carl Bush; Planning Board member, Nick Renzi; Deputy Town Clerk, Kristin Rocco; Kim Thorpe Knight; Patrick Reidy from the Cortland County Soil & Water Conservation District; Ann Reynolds of Gwen Lane; Representatives of CAPE: Robert Rhodes, Dr. Arthur and Dr. Patricia Shedd, and Grace Meddaugh; Sharon Stevans from Channel 2, Access TV; News Reporter's Eric Mulvihill from WXHC and Jeremy Boylan from the Cortland Standard. Supervisor Tupper called the meeting to order and welcomed the newest member of the Board - Councilman, John Proud. Councilman Proud is retired from the Department of Environmental Conservation and has a Master's Degree from Cornell University. Supervisor Tupper explained that Councilman Proud's expertise in the environment would be an asset to the Town. Councilman O'Donnell made a motion, seconded by Councilman Testa, to approve the Special Town Board Minutes of April 25, 2005 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 May 11, 2005 as written. All voting aye, the motion was carried. Councilman O'Donnell made a motion, seconded by Councilman Rocco, to approve the Special Town Board Minutes of May 31, 2005 as written. All voting aye, the motion was carried. Councilman Testa made a motion, seconded by Councilman O'Donnell, to receive and file the Special Planning Board Minutes of December 14, 2004. All voting aye, the motion was carried. Councilman Rocco made a motion, seconded by Councilman O'Donnell, to receive and file the Planning Board Minutes of July 26, 2005. All voting aye, the motion was carried. Draft minutes of the Town Board Meeting of September 7, 2005 and the Special Town Board Meeting of September 16, 2005 were submitted to the board for their review. RESOLUTION 9171 AUTHORIZE PAYMENT OF VOUCHERS — SEPTEMBER 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 #455 - 491 $ 10,650.03 General Fund B B 114 - B 119 $ 811.95 Highway Fund DB D355 - D383 $ 17,830.53 Water Fund W 164 - W 174 $ 6,117.44 Sewer Fund S80 - S82 $ 10,164.36 Capital Projects H99 - H105 $225,186.24 1 1 1 4 6" SEPTEMBER 21, 2005 TOWN BOARD MEETING PAGE 2 Supervisor Tupper offered privilege of the floor to Robert Rhodes. Robert Rhodes, representing Citizens for Aquifer Protection and Employment (CAPE) introduced himself to Councilman Proud and Supervisor Tupper and offered his best wishes. Mr. Rhodes read a prepared statement aloud regarding CAPE and its role over the past 2 '/z years in "urging Board members to keep our precious water supply as their top priority while also pursuing responsible economic development." He stated that CAPE has enjoyed a cordial relationship with the Town and hopes to do so in the future. He informed the Board that CAPE would continue to attend Board meetings, and as always, would provide information regarding the aquifer upon request. Supervisor Tupper offered privilege of the floor to Ann Reynolds. Ann Reynolds of Gwen Lane questioned when she and her neighbors would be able to hookup to town sewer as a result of the Highland Road Sewer Improvement Project. She apprised the Board that she and several other residents were eager to hookup to the service as soon as possible. Councilman Testa apprised Mrs. Reynolds he would contact her Thursday, September 22, 2005 with information pertaining to the sewer hookup. He assured her that if he did not have an exact date he would put her in contact with Town Engineer, Hayne Smith. Councilman Testa informed her that some residents are already able to hookup to the service. The monthly report of the Town Justice for the month of August 2005 was on the table for review and is filed in the Town Clerk's office. Town Clerk Karen Q. Snyder apprised the Board they were in receipt of the Cortlandville Fire District Operating Budget for 2006. As a result of the Town's reassessment, the fire tax rate for 2006 would be 11.45. The 2005 fire tax rate was 11.67. Councilman Rocco made a motion, seconded by Councilman O'Donnell, to receive and file the Cortlandville Fire District Operating Budget for 2006. All voting aye, the motion was carried. Town Clerk Snyder apprised the Board they were in receipt of the Town of Cortlandville Audit for 2004, in which the expenditures of federal awards for the Community Development Block Grants Program of the Town of Cortlandville was audited. Ciaschi, Dietershagen, Little, Mickelson & Company, LLP, Certified Public Accountants and Consultants, conducted the audit. RESOLUTION #172 ACKNOWLEDGE AUDIT REPORT FROM CIASCHI, DIETERSHAGEN, LITTLE, MICKELSON & COMPANY, LLP FOR THE PERIOD TENDING DECEMBER 31, 2004 Motion by Councilman Rocco Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED, the audit from Ciaschi, Dietershagen, Little, Mickelson & Company, LLP for the period ending December 31, 2004 regarding the town's Community Development Block Grant funds is hereby acknowledged and shall be received and filed. Supervisor Tupper apprised the Board there was one communication from Major Richard Brown of the US Army Reserves notifying the Town that the 403rd Civil Affairs Battalion would be conducting a "mounted land navigation" in the City and the Town on Sunday, November 6, 2005 from 9:00 a.m. to 3:00 p.m. No weapons would be used during the training, however HUMVEEs would be used as transportation. The soldiers would have to locate landmarks within the Town and City much like they would have to in a combat theater. Town Clerk Snyder stated she would contact Major Brown and have him publish a notice in the Cortland Standard. SEPTEMBER 21, 2005 TOWN BOARD MEETING PAGE 3 Town Clerk Snyder apprised the Board she received a phone call from Sharon Cotterel regarding the Starr Road/McLean Road left-hand turn traffic signal. She commented that she "never felt safer" at the intersection and thanked the Board for all their effort to accomplish this task. Councilman Rocco stated the traffic signal was a nice start, but more should be done at the dangerous intersection. Councilman Testa commented that the Town hired Clough, Harbour & Associates to conduct a traffic study at the intersection in 2002. It took three years for the NYS DOT to change the sequence of the light. Supervisor Tupper stated the change in the sequence of the light was probably due to Councilman Testa's aggressive action in bringing Senator Seward and Assemblywoman Barbara Lifton to the site to look at the problem. Town Clerk Snyder apprised the Board that Local Law No. 3 of 2005, Noise Control Ordinance, was filed with the Department of State on August 31, 2005. RESOLUTION #173 ACKNOWLEDGE NOTIFICATION FROM THE STATE FOR FILING OF LOCAL LAW NO. 3 OF 2005 Motion by Councilman Rocco Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED, the NYS Department of State acknowledged receipt of Local Law No. 3 of 2005, Noise Control Ordinance, to be effective August 31, 2005. Councilman Testa apprised the Board he spoke with Under Sheriff Marty Coolidge regarding the purchase of a decibel meter reader. Under Sheriff Coolidge found a decibel meter reader at a cost much less than what was anticipated. Supervisor Tupper commented that the Town Bookkeeper was investigating what fund should be used to pay for the device. Town Clerk Snyder apprised the Board they were in receipt of the "Stipulation of Settlement and Order" for Pall Trinity Micro. The Assessment Certiorari action dated back from the year 2000 through 2005. Attorney Folmer indicated that Pall Trinity Micro was originally asking for refunds of taxes paid. He and Town Assessor, David Briggs were able to negotiate a revised assessment and a "method by which the refund will be reflected by an adjustment in the assessments in the subsequent years, which will not require the expenditure of funds." They were also able to negotiate a waiver of any interest claim. Attorney Folmer felt the Board should be pleased with the settlement. RESOLUTION #174 ACKNOWLEDGE RECEIVING "STIPULATION OF SETTLEMENT AND ORDER" FOR PALL TRINITY MICRO ASSESSMENT CERTIORARI Motion by Councilman O'Donnell Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby acknowledge, by receiving and filing, the "Stipulation of Settlement and Order" for the Assessment Certiorari action of Pall Trinity Micro settling the real property tax assessments for the years 2000 through 2005 for the following properties: Pall Trinity Micro: Tax Map #'s: 95.00-05-12.000 95.00-05-13.000 95.12-01-07.000 1 L, ,q 1,7 SEPTEMBER 21, 2005 TOWN BOARD MEETING PAGE 4 Town Clerk Snyder apprised the Board she was in receipt of an Assessment Small Claim on behalf of Stephen and Donna Young, which was also resolved. RESOLUTION #175 ACKNOWLEDGE RECEIVEING SMALL CLAIMS ASSESSMENT REVIEW PETITION Motion by Councilman Testa Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby acknowledge, by receiving and filing, the Small Claims Assessment Review Petition from Stephen and Donna Young for property located at 1021 NYS Route 222, tax map #86.13-01-42.000, regarding their current assessment property value. Attorney Folmer reported: Wal-Mart Supercenter PUD: Attorney Folmer apprised those in attendance that the Board has yet to receive the Draft Environmental Impact Statement (DEIS) for the Wal-Mart Supercenter PUD. Attorney Folmer thought the Board would receive the DEIS during September. Attorney Folmer also commented on a rumor he heard regarding Super Wal-Mart. He made it clear that to the best of his knowledge, the fact that Subway is being located within the current Wal-Mart does not mean that Wal-Mart is no longer proceeding with its PUD application. Purchase Property on Westvale Drive: Attorney Folmer reminded the Board that in 2003 they agreed to purchase land on Westvale Drive from the County through its tax sale. The cost of the parcel would be the amount due for delinquent taxes, which was $186.84 in 2003. Attorney Folmer requested the Board accept the deed for the property. RESOLUTION #176 ACCEPT CONVEYANCE OF DEED FROM CORTLAND COUNTY FOR PROPERTY LOCATED ON WESTVALE DRIVE Motion by Councilman O'Donnell Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby accept the conveyance of a deed from Cortland County for property located on Westvale Drive, tax map #95.00-04-37.000, and it is further RESOLVED, the Board hereby authorizes and directs the Town Attorney to record the deed. Memorial Resolution in Honor of Supervisor Raymond G. Thorpe: Attorney Folmer read aloud a Memorial Resolution in honor of Town Supervisor Raymond G. Thorpe, and asked members of the Board to move the adoption of the resolution. RESOLUTION #177 ADOPT MEMORIAL RESOLUTION IN HONOR OF TOWN SUPERVISOR, RAYMOND G. THORPE Motion by Councilman Rocco Seconded by Councilman Testa VOTES: ALL AYE ADOPTED qi 8, SEPTEMBER 21, 2005 TOWN BOARD MEETING PAGE 5 WHEREAS, the death on September 6, 2005 of Supervisor Raymond G. Thorpe brought to close an illustrious and unequaled career of public service by the Town Supervisor of the Town of Cortlandville; and WHEREAS, it is appropriate and fitting that this Board publicly acknowledge its collective loss and express its sense of sadness to the Community at Large, and the family of our deceased colleague; and WHEREAS, Supervisor Thorpe was born on January 20, 1921 in Utica, New York and received Bachelor of Science and Masters of Science degrees in Chemical Engineering from Rensselaer Polytechnic Institute and Cornell University respectively; and WHEREAS, our colleague commenced his career of public service with the United States Navy during World War II serving as Assistant Gunnery Officer on the USS Bennington; and WHEREAS, in 1950, our colleague joined the faculty of Cornell University, intending to stay at Cornell for one year, and found himself forty years later a respected and revered member of the faculty of the Chemical Engineering School at the University including recognition of outstanding teaching performance by the University and its students as a Professor beyond compare, and ended his career at Cornell in the Office of Engineering's Advisory Services where he was able to dispense his wise and compassionate counsel to engineering students; and WHEREAS, Supervisor Thorpe's service to the Cortland community at large extended over a period of approximately fifty years including membership on the Town of Cortlandville Zoning Board of Appeals from 1956 to 1977, the City of Cortland's Board of Education from 1964 to 1976 serving as its President for a period of three years; and WHEREAS, in 1977 our colleague assumed a position as Councilman on the Cortlandville Town Board and for thirteen years served with even handed fairness as Town Supervisor; and WHEREAS, always the educator, Ray (or "Uncle Ray" as his students called him) brought to his activities both as a member of the Zoning Board of Appeals and the Town Board his ability to teach us all many things including the following: 1. Election or appointment to public office does not make one a politician, it makes one a public servant. 2. Each individual is entitled to be treated with personal respect. 3. A diversity of opinion does not have to lead to a breakdown of collegiality and should not be permitted to do so. 4. Each and every town employee is vitally important to the effective management of town affairs. 5. Public confidence is the cornerstone of effective public service. 6. A world without humor is a world devoid of vibrant life. 7. Difficult decisions fairly arrived at make good public policy, and WHEREAS, the death of our colleague, supervisor, and friend, will leave a void in the affairs of the Town of Cortlandville that will be difficult if not impossible to fill; and WHEREAS, this Board deeply regrets its loss and wishes that its sense of loss be communicated effectively to the Community at Large. NOW, THEREFORE, be it resolved as follows: FIRST: The Town Board of the Town of Cortlandville hereby extends its sincere regret and condolences to the family of our departed colleague, Raymond G. Thorpe. SECOND: From this day forward, the Town Hall located at 3577 Terrace Road, Cortland, New York shall be renamed the Raymond G. Thorpe Municipal Building and appropriate signage shall be placed to prominently indicate this change. THIRD: The Town Clerk is directed to provide certified copies of this resolution to Mark Thorpe and Kimberly Thorpe Knight, the children of our deceased colleague, as well as his companion, Mrs. Valerie Gilbert. 1419 SEPTEMBER 21, 2005 TOWN BOARD MEETING PAGE 6 Councilman Rocco made a motion; seconded by ,Councilman Testa, to receive and file correspondence from G. Jeffrey Haber, Executive Director for the Association of Towns of the State of New York, asking the Town to consider the New York Municipal Insurance Reciprocal as a market for the Town's property and casualty insurance needs. All voting aye, the motion was carried. Councilman Rocco made a motion, seconded by Councilman O'Donnell, to receive and file correspondence from the State of New York Public Service Commission, "Notice of educational forums and public statement hearings on the Commission's examination of issues related to the competitive provision of telecommunications service." All voting aye, the motion was carried. Supervisor Tupper apprised the Board the Federal Government (IRS) increased the auto mileage rate for the use of a personal vehicle to $0.485 per mile effective September 10, 2005. Attorney Folmer reminded the Board the last time they adopted a fixed rate for mileage they stated they would fix the mileage rate consistent with that allowed by the Internal Revenue Code. Supervisor Tupper questioned whether the Board needed to take any action on the matter. Councilman Rocco stated the Board should have some discussion on the matter because the IRS backdated the mileage rate of $0.485 four months before the September effective date. He questioned whether the Board should adopt the new mileage rate and go back the four months and reimburse town employees who use personal vehicles for Town business. Councilman Rocco deferred the matter to Attorney Folmer. Attorney Folmer stated he would try to have a recommendation on the matter at the next meeting. Supervisor Tupper apprised the Board they received correspondence from Bernie Thoma of Thoma Development Consultants. Thoma Development is interested in administering the Town's Community Development Block Grant funds for Blodgett Mills/Polkville area. Town Clerk Snyder apprised the Board that Thoma Development would submit a bid along with other bidders. Supervisor Tupper questioned whether this was a low bid situation. Attorney Folmer stated the Board must select the "lowest responsive, responsible bidder." It is Town Clerk Snyder's duty to advertise for the bids. Councilman Testa made a motion, seconded by Councilman O'Donnell, to receive and file correspondence from Anne McLom, dated September 12, 2005, requesting that the Town construct guardrails in front of her property located at 1052 Blue Creek Road. All voting aye, the motion was carried. There was discussion regarding the correspondence from Anne McLorn. Supervisor Tupper questioned whether Highway Sup't. Bush was aware of the situation. Highway Sup't Bush stated he received a copy of the correspondence and was aware of the situation. He apprised the Board that he and Water Sup't Alteri wanted to construct guardrails at her property years ago, which she did not agree to because the guardrails would have been set back on her property too much. Mrs. McLorn has since removed the row of bushes at the edge of her property, which would change the situation. . At the request of Supervisor Tupper, Highway Sup't Bush would report back to the Board regarding the matter at the October 5, 2005 Town Board meeting. RESOLUTION #178 REFER CODE VIOLATION OF DAVID BERLEW FOR PROPERTY LOCATED AT 4285 NYS ROUTE 281 TO TOWN ATTORNEY FOR REVIEW AND PROCEED AS REOUIRED Motion by Councilman Rocco Seconded by Councilman Testa VOTES: ALL AYE ADOPTED SEPTEMBER 21, 2005 TOWN BOARD MEETING PAGE 7 BE IT RESOLVED, the code violation of David Berlew for property located at 4285 NYS Route 281, Cortland, New York, tax map #76.18-01-23.000, is hereby referred to the Town Attorney for review and he is hereby directed to proceed with compliance, as required. There was discussion regarding the code violation of David Berlew for property located on NYS Route 281, in which Mr. Berlew began construction of a retention pond and a drainage field without any permits. Patrick Reidy of the Cortland County Soil & Water Conservation District apprised the Board he was familiar with the situation. Stan Birchenough from the NYS DOT contacted Mr. Reidy who in turn contacted Town CEO, Bruce Weber and the NYS DEC regarding the project. None of the agencies knew anything about the project. Mr. Reidy met with Mr. Berlew and recommended that a qualified professional design the retention basin. Mr. Berlew did not indicate why he was constructing the retention basin. Mr. Reidy stated they could argue that the project falls under the Town's Stormwater Ordinance as well as the State's Phase Il Stormwater Program. He commented that the Soil & Water Conservation District is not a regulatory agency, but rather provides technical assistance. Planning Board member, Nick Renzi commented that if the project falls under the Town's Stormwater Ordinance it would require approval by the Town Planning Board. Mr. Reidy commented that the main criteria for the Town's Stormwater Ordinance is 10,000 sq. ft. of impervious surface, of which there is none at Mr. Berlew's site. A stormwater plan is voluntary at the state level. Attorney Folmer apprised the Board he would follow up with CEO Weber and discuss whether or not the Town could bring a violation proceeding. In his correspondence to Mr. Berlew, CEO Weber mentioned that Article 178 Section 91B3 of the Code of the Town of Cortlandville requires a Stormwater Pollution Plan and approval by the Town. CEO Weber also indicated that a SPDES Permit from the NYS DEC might be required. Attorney Folmer stated he would provide Mr. Renzi with a copy of CEO Weber's correspondence to bring to the Planning Board. Councilman Rocco questioned whether Mr. Berlew would be responsible for flooding or any other adverse consequences that result in his action. Attorney Folmer stated Mr. Berlew could be responsible. Mr. Renzi stated Mr. Berlew could have aggravated the problem that already exists on NYS Route 281. Supervisor Tupper questioned whether there was anything else to come before the Board. No further comments or discussion were heard. Councilman Testa made a motion, seconded by Councilman Rocco, to adjourn the Regular Meeting. All voting aye, the motion was carried. The meeting was adjourned at 5:40 p.m. WResectfully submitted, Karen Q. Snyder, RMC Town Clerk Town of Cortlandville