HomeMy WebLinkAbout11-02-2005NOVEMBER 02, 2005
7:00 P.M.
PUBLIC HEARING NO. 1
2006 PRELIMINARY BUDGET
A Public Hearing was held by the Town Board of the Town of Cortlandville at the
Raymond G. Thorpe Municipal Building, 3577 Terrace Road, Cortland, New York, concerning
the 2006 Preliminary Budget.
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; Town Justice, Francis Casullo; Highway
Sup't. Carl Bush; Roger Whelan from Whelan & Curry Construction Services Inc.; Matthew
Pennello, candidate for Cortland County Legislative District 13-3, 13-4; Representatives of
C.A.P.E.: Grace Meddaugh, and Dr. Arthur and Dr. Patricia Shedd; Sharon Stevans from Channel
2, Access TV; and News Reporter, Jeremy Boylan from the Cortland Standard.
Supervisor Tupper called the Public Hearing meeting to order.
Town Clerk, Karen Q. Snyder read aloud the Legal Notice as published, posted and filed.
Supervisor Tupper offered privilege of the floor to those in attendance.
No comments or discussions were heard.
Councilman O'Donnell made a motion, seconded by Councilman Rocco, to close the
Public Hearing. All voting aye, the motion was carried.
The Public Hearing was closed at 7:02 p.m.
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NOVEMBER 02, 2005
7:02 P.M.
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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; Town Justice, Francis Castillo;
Highway Sup't. Carl Bush; Roger Whelan from Whelan & Curry Construction Services Inc.;
Matthew Pennello, candidate for Cortland County Legislative District 13-3, 13-4;
Representatives of C.A.P.E.: Grace Meddaugh, and Dr. Arthur and Dr. Patricia Shedd; Sharon
Stevans from Channel 2, Access TV; and News Reporter, Jeremy Boylan from the Cortland
Standard.
Supervisor Tupper called the meeting to order.
RESOLUTION #200 AUTHORIZE PAYMENT OF VOUCHERS — NOVEMBER
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 #556 - 578
$
16,638.34
General Fund B
B129 - B134
$
7,379.65
Highway Fund DB
D429 - D441
$
57,016.63
Water Fund
W188 - W196
$
3,926.99
Sewer Fund
S91 - S97
$
92,758.62
Capital Projects
106 - 108
$
5,545.35
Supervisor Tupper offered privilege of the floor to Matthew Pennello.
Matthew Pennello, Democratic nominee for the Cortland County Legislature, District 13-
3 and 13-4, introduced himself to the Board.
Councilman Rocco apprised the Board that as Town Historian he has been working with
Carl and Marie Vought of 4632 Route 41, as well as Thoma Development Consultants, to obtain
a state grant to preserve and restore the barn and timbers from the old college in McGraw. The
Vought's have been rejected four times for a grant to preserve the historic structure.
Secondly, Councilman Rocco was happy to report that the sign for the Raymond G.
Thorpe Municipal Building should be complete within three weeks.
Finally, he apprised the Board he spoke with Town resident, Richard Henry of
Collegeview Drive. As a result of the Highland Road Sewer Improvement Project, a tree on Mr.
Henry's property was driven over by one of the heavy equipment operators working on the sewer
project. Councilman Rocco requested that Mr. Henry's tree be replaced.
Councilman Testa stated that the contractor should be responsible for replacing Mr.
Henry's tree. He questioned whether Town Engineer, Hayne Smith was aware of the problem.
Attorney Folmer stated Mr. Smith should add the tree to the list of demands that must be
complete before the Town issues a certificate of completion and the final payment.
Councilman O'Donnell reverted back to discussion of the barn owned by Mr. and Mrs.
Vought and gave the Board further history on the barn.
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NOVEMBER 02, 2005 TOWN BOARD MEETING PAGE 2
Monthly reports of the Town Clerk for the month of October 2005, and for the Water and
Sewer Department for the months of September and October 2005, were on the table for review
and are filed in the Town Clerk's office.
Attorney Folmer reported:
Article 78 Proceeding — Zoning Text Amendment — CAPE vs. Town of Cortlandville:
Attorney Folmer apprised the Board the return date for the Article 78 Proceeding
regarding the Zoning Text Amendment was December 2, 2005 before Judge O'Brien in
Wampsville, New York. Attorney Folmer met with the attorney for the petitioners and
developed a list of documents that would be included in the record. Unless the issue is resolved
prior to the return date, the issue would be argued on December 2, 2005.
Wal-Mart Supercenter PUD Application:
Attorney Folmer informed those in attendance that the Town had not yet received the
Draft Environmental Impact Statement regarding the Wal-Mart Supercenter PUD application. It
was his understanding that the traffic study has been the delaying factor in the preparation of the
DEIS.
Escrow Account Contract with Wal-Mart:
Attorney Folmer commented on the contract from Wal-Mart to establish an escrow
account to pay the costs for the SEQR review for the Wal-Mart Supercenter PUD application.
The costs for the SEQR review would be paid as they are incurred by the Town's engineering
firm, Clough, Harbour & Associates. Attorney Folmer stated he would contact Attorney Kelly
Pronti of Harter, Secrest & Emery regarding the amount for the escrow account. Supervisor ,
Tupper would accept the contract when the financial figures are in the correct amount.
Article 78 Proceeding — MY Ryan, LLC. vs. Town Planning Board:
Attorney Folmer apprised the Board the Article 78 Proceeding filed by MY Ryan, LLC.
vs. the Town Planning Board regarding the permit granted to LDD Corp. (Gettymart) for a single
bay carwash, has been resolved and discontinued without costs to the Town. The property
location is the site for the proposed Walgreens.
Cortlandville Starr Road Park and Recreation Center:
Attorney Folmer apprised the Board he met with Attorney Shafer, representatives of
Adhan Piping Co., and James Trasher and his staff from Clough, Harbour & Associates at the
Starr Road Park site concerning problems with the method used in Phase I of the project. There
are up to date drawings with locations of things that are incorrect. Mr. Trasher would submit the
drawings to Mr. Shafer, who would draft a proposal of how the problem could be corrected so
the Town could proceed with Phase II in Spring 2006.
Councilman Rocco questioned how such a mistake was made.
Attorney Folmer stated there was a problem with the surveying and the elevation levels.
Mileage Rate for Personal Vehicles Used for Town Business:
Attorney Folmer commented that the Federal Government has established a new mileage
rate as 48.5 cents a mile through December 31, 2005. The 2006 mileage rate would be
established at a later date based on the price of gasoline.
Build Now NY:
Councilman Testa questioned whether the letter submitted by Patrick Reidy of the
Cortland County Soil & Water Conservation District regarding the Town's well capacity was
forwarded to Attorney Kelly Pronti, representing Wal-Mart.
Attorney Folmer apprised the Board that Mr. Reidy's correspondence was forwarded to
Ms. Pronti and James Trasher, Clough, Harbour & Associates.
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NOVEMBER 02, 2005
TOWN BOARD MEETING
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Councilman Rocco made a motion, seconded by Councilman O'Donnell, to receive and
file correspondence from Jean Egenhofer, NYS Office of Parks, Recreation & Historic
Preservation, regarding the Cortlandville Starr Road Park and Recreation Center. All voting aye,
the motion was carried.
RESOLUTION #201 AWARD BID TO THOMA DEVELOPMENT FOR PROGRAM
DELIVERY SERVICES FOR THE COMMUNITY
DEVELOPMENT BLOCK GRANT FOR BLODGETT MILLS IN
THE AMOUNT OF $67,000.00
Motion by Councilman Testa
Seconded by Councilman Rocco
VOTES: ALL AYE ADOPTED
WHEREAS, bids were advertised for program delivery of the Community Development Block
Grant (CDBG) for the Blodgett Mills area, and
WHEREAS, sealed bids were opened on October 31, 2005 at 12:00 p.m. and provided to the
Town Clerk for review as follows:
Thoma Development Consultants $67,000.00
34 Tompkins Street
Cortland, New York 13045
BE IT RESOLVED, the bid as recommended by the Town Clerk is hereby awarded to Thoma
Development Consultants of Cortland, New York in the amount of $67,000.00.
Councilman Rocco made a motion, seconded by Councilman Proud, to receive and file
correspondence from the Cortland County Planning Board regarding the Aquifer Protection
Permit application submitted by Whelan & Curry Construction Services Inc. for property owned
by Prop, Inc., located on Luker Road. All voting aye, the motion was carried.
RESOLUTION #202 SCHEDULE PUBLIC HEARING FOR AQUIFER PROTECTION
PERMIT APPLICATION SUBMITTED BY WHELAN &
CURRY CONSTRUCTION SERVICES INC. FOR PROPERTY
OWNED BY PROP. INC. FOR NOVEMBER 16, 2005
Motion by Councilman Rocco
Seconded by Councilman O'Donnell
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, a Public Hearing shall be scheduled for November 16, 2005 at 5:00 p.m. for
the Aquifer Protection Permit application submitted by Whelan & Curry Construction Services
Inc. for property owned by Prop. Inc. (Karl Ochs), located on Luker Road, tax map #86.17-01-
01.000.
RESOLUTION #203 SCHEDULE PUBLIC HEARING FOR AQUIFER PROTECTION
PERMIT APPLICATION SUBMITTED BY KIMCO REALTY,
LLC. FOR PROPERTY OWNED BY PIONEER CORP. FOR
NOVEMBER 16.2005
Motion by Councilman Rocco
Seconded by Councilman Proud
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, a Public Hearing shall be scheduled for November 16, 2005 at 5:00 p.m. for
the Aquifer Protection Permit application submitted by KIMCO Realty, LLC (Dunkin' Donuts)
for property owned by Pioneer Corp., located at 927 Route 13, tax map #95.16-01-21.000.
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NOVEMBER 02, 2005 TOWN BOARD MEETING PAGE 4
RESOLUTION #204 AUTHORIZE PAYCHEX INC. TO ESTABLISH FLEXIBLE
SPENDING ACCOUNTS FOR TOWN EMPLOYEES
Motion by Councilman Rocco
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize the Town's payroll company,
Paychex Inc., to establish Flexible Spending Accounts for interested Town of Cortlandville
employees.
RESOLUTION #205 AUTHORIZE REFUND TO UKRAINIAN PENTECOSTAL
CHURCH IN THE AMOUNT OF $1,409.80
Motion by Councilman Rocco
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
WHEREAS, per Resolution 475 of 2003 the Town Board authorized the Water & Sewer billing
clekr to adjust the sewer charges for the first quarter billing for the Ukrainian Pentecostal Church
due to a water leak, and
WHEREAS, the Ukrainian Pentecostal Church paid the first quarter water & sewer bill for 2003
in the full amount due, and
WHEREAS, after the sewer bill was adjusted the account was credited, therefore
BE IT RESOLVED, the Town Board does hereby authorize and direct the Town Clerk to refund
the Ukrainian Pentecostal Church for property located at 729 McLean Road, account #D0661, in
the amount of $1,409.80 in order to bring the account balance to $0.00 for the 2006 billing year.
There was discussion regarding the NYS DOT's decision to deny the Town's request for
a reduction in the speed limit on NYS Route 13. Members of the Board discussed their concerns
with the current speed limit along the corridor. The left hand turn signal at the intersection of
McLean Road/Starr Road and Route 13 was a positive start to addressing the traffic problem,
however the Board wanted more action taken on the busy highway.
Councilman Proud made a motion, seconded by Councilman Rocco, to receive and file
correspondence from Carl Ford, NYS DOT, to Assemblywoman Barbara Lifton regarding the
Town's request for a lower speed limit on NYS Route 13. All voting aye, the motion was
carried.
RESOLUTION #206 ESTABLISH MILEAGE RATE FOR PERSONAL VEHICLES
USED FOR TOWN BUSINESS FROM SEPTEMBER 1, 2005 TO
DECEMBER 31. 2005
Motion by Councilman Rocco
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
WHEREAS, in recognition of recent gasoline price increases the Internal Revenue Service and
Treasury Department announced an increase to the standard mileage rates to forty-eight and a
half cents a mile for all business miles driven between September 1 and December 31, 2005,
therefore
BE IT RESOLVED, the mileage rate to be paid by the Town, for personal vehicles used for Town
business, is hereby established at forty-eight and a half cents ($0.485) per mile from September 1 to
December 31, 2005, subject to audit by the Town Board.
NOVEMBER 02, 2005 TOWN BOARD MEETING PAGE 5
RESOLUTION #207 SCHEDULE PUBLIC HEARING FOR ZONE CHANGE
REQUEST OF NCWP LLC. FOR DECEMBER 7, 2005
Motion by Councilman Rocco
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, a public hearing shall be scheduled for December 7, 2005 at 7:00 p.m. for
the Zone Change request of NCWP, LLC. for property located off of NYS Route 13, tax map
#95.00-10-11.100.
Supervisor Tupper commented that Patrick Reidy's comments regarding the Build Now
NY site urged the project's engineering firm, O'Brien & Gere Engineers, Inc. to complete further
research. In order to respond to Mr. Reidy's comments, O'Brien & Gere submitted
correspondence to the Town asking Water & Sewer Sup't. Peter Alteri for his assistance by
providing information on the capacity of the Town's existing water system.
Councilman O'Donnell made a motion, seconded by Councilman Proud, to receive and
file correspondence from Steven Eckler, O'Brien & Gere Engineers, Inc., regarding the Build
Now NY site on NYS Route 13. All voting aye, the motion was carried.
RESOLUTION #208 AUTHORIZE WATER & SEWER SUP'T. TO RESPOND TO
CORRESPONDENCE FROM O'BRIEN & GERE ENGINEERS,
INC. REGARDING BUILD NOW NY AND THE CAPACITY OF
THE TOWN'S WATER SYSTEM
Motion by Councilman O'Donnell
Seconded by Councilman Proud
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize and direct Water & Sewer Sup't.
Peter Alteri to respond to correspondence from O'Brien & Gere Engineers, Inc. regarding the
Build Now NY project and the capacity of the Town's water system, and it is further
RESOLVED, a copy of the correspondence shall be provided to the Town Attorney.
Supervisor Tupper apprised the Board he received a request from Cortland Transit to
utilize the Cortlandville Citizens Park parking lot as a park -and -ride location for passengers
traveling from Cortland to Cornell University. The bus would pick passengers up at 6:45 a.m.
and return at 5:45 p.m. About eleven cars a day would utilize the parking lot.
Highway Sup't. Bush did not anticipate that there would be a problem as long as Cortland
Transit utilized the front parking lot.
Supervisor Tupper would notify the Cortland Transit that use of the parking lot was
approved.
Attorney Folmer apprised the Board that Walt Kalina, from Clough, Harbour &
Associates, attended the October 2005 Planning Board Meeting and explained the course of
action for revising the Planned Unit Development (PUD) section of the Town Code. Mr. Kalina
submitted a proposal to complete the revision for a fee of $2,500.00, to be billed on a monthly
basis, as the percentage of the work is completed. Attorney Folmer requested the Board
authorize the employment of Clough, Harbour & Associates at the above rate as extra work
authorization under the existing contract with the Town.
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NOVEMBER 02, 2005 TOWN BOARD MEETING PAGE 6
RESOLUTION #209 APPROVE EXTRA WORK FEE OF CLOUGH, HARBOUR &
ASSOCIATES TO REVISE THE TOWN'S PLANNED UNIT
DEVELOPMENT ORDINANCE
Motion by Councilman Rocco
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board hereby approves the extra work fee of Clough, Harbour &
Associates to revise the Planned Unit Development Section of the Town Code in an amount not
to exceed $2,500.00.
Supervisor Tupper apprised those in attendance he had a request to convene to an
Executive Session to discuss a personnel matter and the acquisition of property.
No further comments or discussion were heard.
Councilman Rocco made a motion, seconded by Councilman Testa, to recess the Regular
Meeting to an Executive Session to discuss a personnel matter and the acquisition of property.
All voting aye the motion was carried.
The meeting was recessed at 7:40 p.m.
The following information was received from the Supervisor's office.
Councilman Rocco made a motion, seconded by Councilman Testa, 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 Testa, to adjourn the
Regular Meeting. All voting aye, the motion was carried.
The meeting was adjourned at 8:15 p.m.
Respectfully submitted,
Karen Q. Snyder, RMC
Town Clerk
Town of Cortlandville
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