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HomeMy WebLinkAbout10-05-2005OCTOBER 05, 2005 7:00 P.M. 1 1 �1 TOWN BOARD MEETING The Regular Meeting of the Town Board of the Town of Cortlandville was held at the Raymond G. Thorpe Municipal Building, 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; Chairman of the County Legislature, Scott Steve; Karen Niday, Empire Zone Director for the Cortland County BDC/IDA; County Legislator, Danny Ross and his wife Pamela Ross; Representatives of CAPE: Dr. Arthur Shedd, Richanna Patrick, Bob Martin, 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. Draft minutes of the Town Board meeting of September 21, 2005 were submitted to the board for their review. RESOLUTION #179 AUTHORIZE PAYMENT OF VOUCHERS - OCTOBER Motion by Councilman Rocco 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 General Fund B Highway Fund DA Highway Fund DB Water Fund Sewer Fund Trust & Agency Vouchers 4492 - 523 B 120 - B 126 DA1 - DA2 D384 - D409 W 175 - W 179 S83 - S85 T10 - T10 Supervisor Tupper offered privilege of the floor to Scott Steve. $ 30,255.84 $ 13,374.92 $ 121.93 $200,798.91 $ 5,506.54 $ 3,195.26 $ 34,381.97 Scott Steve, Chairman of the Cortland County Legislature, apprised the Board the State is now mandating that Empire Zones be designated ahead of time. He explained that Empire Zone designations encourage new businesses to be located within the zone area, which expands business and generates jobs within the County. Mr. Steve requested the Board adopt a resolution agreeing to designate certain areas within the Town as part of the Empire Zone. Mr. Steve reviewed several maps showing the proposed Empire Zone site within the Town in comparison to the current Empire Zone sites. He explained that the new boundary revisions require Empire Zones to include riverbeds, roadways, etcetera rather than just buildings. Mr. Steve explained the Build Now NY site on Route 13 and the proposed addition of 161.27 acres to the Empire Zone. Mr. Steve asked the Board to review the maps and the pass a resolution supporting the re - designation of certain areas as an Empire Zone. Supervisor Tupper questioned whether it would be advisable for the Town Planning Board to review the proposed additions to the Empire Zone before the Board adopts the resolution. He questioned whether the City Aldermen are reviewing the proposal before they vote on Empire Zones for the City. Councilman Testa recommended the Board review the information and discuss it at the October 191h, 2005 meeting. 4/a a OCTOBER 05, 2005 TOWN BOARD MEETING PAGE 2 Mr. Steve informed the Board that the City Alderman are reviewing the resolution before voting, but only because the City's proposed areas are much more complex. Supervisor Tupper questioned when the next Planning Board meeting would be. Planning Board member, Nick Renzi apprised the Supervisor that the Planning Board meets the last Tuesday of every month, which would occur after the October 191h meeting. Mr. Steve apprised the Board he needed a decision regarding the Empire Zones by October 20th, 2005. Karen Niday, Empire Zone Director for the Cortland County BDC/IDA, stated the decision does not normally go to the Planning Board for review; it was not necessary. Ms. Niday apprised the Board there is only one area out of all the proposed Empire Zone areas that does not have certified businesses already on site, which is the Build Now NY site on Route 13. Instead of designating the Build Now NY site as part of the Empire Zone, the Board could designate 172 acres on Luker Road as an Empire Zone. Ms. Niday explained that Luker Road would be the only other option. Ms. Niday apprised the Board that the Town of Cortlandville has 200 acres out of the 320 acres in the County that could qualify as an Empire Zone. Supervisor Tupper apprised Mr. Steve and Ms. Niday that he would add the item to the October 19th, 2005 Town Board Agenda in order to meet the October 20th, 2005 deadline. Mr. Renzi questioned whether Linda Hartsock, Executive Director of the Cortland County BDC/IDA, reviewed the proposed Empire Zone areas, and if so did she approve the locations. Ms. Steve apprised Mr. Renzi that Mrs. Hartsock was actively involved in the decision - making process for the Empire Zone areas. Supervisor Tupper offered privilege of the floor to those in attendance. Councilman O'Donnell apprised the Board that he recently noticed signs in Ithaca, New York advertising a State law regarding noise, which read State Law Noise 90 decibel maximum. Councilman O'Donnell found the signage interesting because he was not aware that the state had a law regarding noise. Monthly reports of the Supervisor, Town Clerk and Town Justice for the month of September 2005, and for the SPCA for the month of August 2005, were on the table for review and are filed in the Town _Clerk's office. Town Clerk Snyder presented the 2006 Tentative Budget to the Board. Supervisor Tupper thanked Town Clerk Snyder and Town Bookkeeper, Marcia Hicks for their hard work and the numerous hours that went into preparing the Tentative Budget. He also thanked the Department Heads for submitting their worksheets in a timely fashion. The Board scheduled a budget workshop for October 17, 2005 at 4:00 p.m. RESOLUTION 9190 ACKNOWLEDGE RECEIVING 2006 TENTATIVE BUDGET Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Clerk received the 2006 Tentative Budget by September 30th, 2005, and has presented it to Town Board members, in accordance with Town Law. Town Clerk Snyder apprised the Board they received correspondence from the New York State Department of Transportation approving the Town's request to reduce the speed limit to 35 mph on West River Road from Clute Road south to the Virgil Town line. Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and file correspondence from the New York State Department of Transportation regarding the Town's request for a lower speed limit on West River Road. All voting aye, the motion was carried. lga3 OCTOBER 05, 2005 TOWN BOARD MEETING PAGE 3 RESOLUTION #181 ACKNOWLEDGE RECEIVING NOTICE OF PETITION IN THE MATTER OF CITIZENS FOR AQUIFER PROTECTION & EMPLOYMENT (C.A.P.E.), CAROL NAVARRO, MARY MINER, SUSAN FITTS, GERALD NYE, JUDITH CAIN, AND JOHN AND RUTH CATALANO VS. THE TOWN OF CORTLANDVILLE AND THE CORTLANDVILLE TOWN BOARD Motion by Councilman Rocco Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby acknowledge, by receiving and filing, the Notice of Petition in the matter of Citizens for Aquifer Protection & Employment (C.A.P.E.), Carol Navarro, Mary Miner, Susan Fitts, Gerald Nye, Judith Cain, and John and Ruth Catalano vs. the Town of Cortlandville and the Cortlandville Town Board. Attorney Folmer reported: Article 78 Proceeding — C.A.P.E.: Attorney Folmer requested the Board convene to an Executive Session at the end of the Regular Meeting to discuss the pending Article 78 Proceeding. Attorney Folmer apprised the Board that a return date for the litigation had not been set. The matter was originally going to go before Judge Rumsey, who excused himself because of his previous position as Town Attorney. The original date was scheduled for November 4, 2005. If the date stands, Attorney Folmer would request that it be postponed due to the wedding of his daughter. Attorney Folmer apprised the Board he would not be available from November 10, 2005 thru November 20, 2005 as he would be vacationing in Europe with family. Water & Sewer Programming Problem: Attorney Folmer apprised the Board there was a computer malfunction with the Town Water & Sewer program, which caused calculation errors with the 3rd Quarter billing. Highway Sup't. Bush asked Attorney Folmer to draft a resolution forgiving the penalties for the 3rd Quarter billing until October 31, 2005. RESOLUTION #182 AUTHORIZE WATER & SEWER DEPARTMENT TO WAIVE PENALTIES FOR THE 3' QUARTER WATER & SEWER BILLING UNTIL OCTOBER 31ST 2005 Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE ADOPTED WHEREAS, due to a computer malfunction, some water and sewer bills for the third quarter, were issued indicating incorrect charges, and WHEREAS, it was not possible to make the necessary corrections in a manner which would have given consumers time to pay the correct charges without incurring a late charge, now therefore BE IT RESOLVED, that no late charge shall be levied on the third quarter water and sewer bills, if those bills are paid on or before October 31, 2005. OCTOBER 05, 2005 TOWN BOARD MEETING PAGE 4 Article 78 Proceeding — LDD Corp. vs. the Town Planning Board: Attorney Folmer apprised the Board that the receipt of the application submitted by William Porter for Walgreens would eliminate the Article 78 Proceeding of LDD Corp. vs. the Town Planning Board. The Article 78 Proceeding would be terminated without any liability on the part of the Town. Town Litigation: Attorney Folmer apprised the Board he has several matters returnable on October 24, 2005 before Town Justice, Francis Casullo. He apprised the Board the Zoning Violation of David Berlew for the construction of a retention basin without proper permits would be heard. Attorney Folmer also informed the Board that he was working on resolving the issue regarding the truck on Route 281 serving as an advertisement for a company that is no longer in business at the location specified on the vehicle. Planning Board member Renzi thanked Attorney Folmer for his efforts regarding the abandoned vehicle. RESOLUTION #183 AUTHORIZE ADDITION OF ALL PROPERTIES BENEFITED BY THE HIGHLAND ROAD SEWER IMPROVEMENT PROJECT TO THE 2006 TOWN OF CORTLANDVILLE SEWER BENEFIT TAX LIST Motion by Councilman O'Donnell Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby authorize the addition of all properties benefited by the Highland Road Sewer Improvement Project to the 2006 Town of Cortlandville Sewer Benefit tax list. Councilman Rocco commented that all property owners benefiting from the recent Highland Road Sewer Improvement Project are required to hookup to Town sewer within one year of the project completion date. He also made it clear that all property owners benefiting from the sewer project would be charged the sewer benefit tax even if they have not yet hooked up to the sewer service. There was a brief discussion regarding the Aquifer Protection Permit submitted by HDL Property Group, LLC for Walgreens. Planning Board member Renzi apprised the Board that he reviewed the application prior to the last Planning Board meeting and determined that the plans are not accurate, nor complete. Therefore, Walgreens would resubmit revised drawings at the next Planning Board meeting. Mr. Renzi suggested the Board set aside the plans they currently have and wait for revised plans to be submitted. Mr. Renzi also informed the Board that Clough, Harbour & Associates was the engineering firm for the applicant, Walgreens. The Town may have to utilize another engineering firm as a consultant on this application if necessary. No action was taken on the Aquifer Protection Permit of Walgreens. RESOLUTION #184 REFER AQUIFER PROTECTION PERMIT SUBMITTED BY WHELAN & CURRY CONSTRUCTION SERVICES, INC. TO THE TOWN AND COUNTY PLANNING BOARDS FOR REVIEW AND RECOMMENDATIONS Motion by Councilman Rocco Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Aquifer Protection Permit application submitted by Whelan & Curry Construction Services, Inc. for property owned by Prop Inc. (Karl Ochs), located at 3877 Luker Road, tax map #86.17-01-01.000, shall be referred to the Town and County Planning Boards for their review and recommendations. OCTOBER 05, 2005 TOWN BOARD MEETING PAGE 5 There was a brief discussion regarding the Aquifer Protection Permit submitted by Kimco Realty for a proposed Dunkin' Donuts. Supervisor Tupper apprised the Board they should take no action on the matter until the Planning Board receives a positive determination for stormwater drainage. Mr. Renzi informed the Board a stormwater drainage plan was submitted by the applicant, however the Planning Board was waiting for the plan to be approved by Patrick Reidy of the Cortland County Soil & Water Conservation District. No action was taken on the application. Councilman Rocco made a motion, seconded by Councilman Testa, to receive and file correspondence from James Trasher of Clough, Harbour & Associates to Christopher Henry of Adhan Piping Co. Inc. regarding the Cortlandville Starr Road Park & Recreation Center. All voting aye, the motion was carried. Supervisor Tupper questioned whether Adhan Piping Co. had made any progress on the site. According to correspondence from Clough, Harbour & Associates, mobilization should have taken place by October 1, 2005. Councilman Testa apprised the Supervisor he was at the Starr Road Park site on October 4th, 2005 and noticed no change in the construction of the park. RESOLUTION #185 AUTHORIZE AND DIRECT SUPERVISOR TO SIGN CONTRACT WITH CIASCHI, DIETERSHAGEN, LITTLE, MICKELSON & CO., CERTIFIED PUBLIC ACCOUNTANTS, TO CONDUCT AN AUDIT FOR THE YEAR ENDING DECEMBER 31.2005 Motion by Councilman Testa Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to sign the contract with Ciaschi, Dietershagen, Little, Mickelson & Co., Certified Public Accountants, to conduct an audit for the year ending December 31, 2005. RESOLUTION #186 AUTHORIZE AND DIRECT SUPERVISOR TO SIGN CONTRACT WITH CIASCHI, DIETERSHAGEN, LITTLE, MICKELSON & CO., CERTIFIED PUBLIC ACCOUNTANTS, TO REVIW THE WATER & SEWER DEPARTMENT REVENUES AND PROCEDURES Motion by Councilman Rocco Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to sign the contract with Ciaschi, Dietershagen, Little, Mickelson & Co., Certified Public Accountants, to review the Water & Sewer Department revenues and procedures. Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and file correspondence from Chuck Paul of the National Safety Council's Defensive Driving Course. All voting aye, the motion was carried. "70210 OCTOBER 05, 2005 TOWN BOARD MEETING PAGE 6 RESOLUTION #187 AUTHORIZE USE OF TOWN HALL FOR THE DEFENSIVE DRIVING COURSES FOR THE YEAR OF 2006 Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Safety Council of Central New York is hereby authorized to use the Town Hall to conduct their Defensive Driving Course for the year of 2006, per the schedule submitted. Councilman O'Donnell made a motion, seconded by Councilman Rocco, to receive and file correspondence from the State of New York Department of Public Service regarding the Time Warner Franchise renewal. All voting aye, the motion was carried. RESOLUTION 9188 ACCEPT NEW YORK STATE COMMUNITY DEVELOPMENT BLOCK GRANT SMALL CITIES GRANT AND AUTHORIZE THE SUPERVISOR TO EXECUTE THE GRANT AGREEMENT Motion by Councilman Rocco Seconded by Councilman Testa VOTES: ALL AYE ADOPTED WHEREAS, per Resolution #56 of 2005 the Town of Cortlandville filed an application to New York State for funding under the Federal Small Cities Community Development Block Grant Program to be used to establish a housing rehabilitation program in the hamlet of Blodgett Mills, in an amount not to exceed $400,000, and WHEREAS, said application was approved by the NYS Governor's Office for Small Cities, therefore BE IT RESOLVED, the Town Board does hereby accept the New York State Community Development Block Grant in an amount not to exceed $400,000, and it is further RESOLVED, the Town Board does hereby authorize and direct the Supervisor to execute the project agreement with the State for such financial assistance to the Town. Supervisor Tupper informed the Board he would be attending the 2005 Annual Governor's Office for Small Cities Conference being held in Niagara Falls, New York regarding the CDBG process on Tuesday October 11, 2005 through Thursday October 13, 2005. Recipients of a Small Cities award were encouraged to attend the conference. RESOLUTION #189 AUTHORIZE SUPERVISOR TO GO OUT TO BID FOR THE DELIVERY AND ADMINISTRATION OF SERVICES FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT OF BLODGETT MILLS Motion by Councilman Rocco Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to go out to Bid for the delivery and administration of services for the Community Development Block Grant for Blodgett Mills, and it is further RESOLVED, the bid opening is hereby scheduled for October 31, 2005, and it is further RESOLVED, the Bid shall be awarded at the Regular Town Board Meeting, Wednesday, November 2, 2005. 1 1 1 OCTOBER 05, 2005 TOWN BOARD MEETING PAGE 7 Councilman Rocco apprised the Board and those in attendance that the Town of Cortlandville placed an advertisement in the Cortland Standard inviting the public to explore its website. Supervisor Tupper interjected and thanked Brent Michales, a part-time employee for Town Clerk Snyder, who has been working diligently to improve the Town's website. He commented that Mr. Michales is "a real wiz" with the computer and is willing to help department heads develop their website page. Supervisor Tupper urged department heads to utilize Mr. Michales and his skills. RESOLUTION #190 AMEND 2005 BUDGET AND AUTHORIZE SUPERVISOR TO TRANSFER $3,000.00 FROM THE CONTINGENCY FUND TO CREATE A NEW EXPENSE ACCOUNT A1320.4 Motion by Councilman Rocco Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Supervisor is hereby authorized and directed to amend the 2005 Budget by transferring $3,000.00 from Contingency A1990.4 to create a new expense account A1320.4 to account for the audit expense of the Community Development Block Grant, and it is further RESOLVED, the 2005 Budget is hereby amended. No further comments or discussion were heard. Councilman Rocco made a motion, seconded by Councilman O'Donnell, to recess the Regular Meeting to an Executive Session to discuss pending litigation. All voting aye the motion was carried. The meeting was recessed at 7:40 The following information was received from the Supervisor's office. Councilman Rocco made a motion, seconded by Councilman O'Donnell to adjourn the Executive Session and reconvene to the Regular Meeting. All voting aye, the motion was carried. No action was taken. Councilman Rocco made a motion, seconded by Councilman Proud, to adjourn the Regular Meeting. All voting aye, the motion was carried. The meeting was adjourned at 8:05 p.m. Resp tfully submitted, Karen Q. Snyder, RMC Town Clerk Town of Cortlandville