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
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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
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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
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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.
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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