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Home My WebLink About07-05-20061(0 JULY 05, 2006 7:00 P.M. TOWN BOARD MEETING The Regular Town Board 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 C. Tupper Councilman, Theodore V. Testa Councilman, Edwin O'Donnell Councilman, Ronal L. Rocco Councilman, John C. Proud Town Clerk, Karen Q. Snyder Others present were: Highway Sup't. Carl Bush; Water & Sewer Sup't. Peter Alteri, Jr.; Planning Board Member, Nick Renzi; Representative of C.A.P.E.: Grace Meddaugh; and Sharon Stevans for Channel 2, Access TV. Supervisor Tupper called the meeting to order. The draft Town Board Minutes of June 23, 2006 were submitted to the Board. RESOLUTION #122 AUTHORIZE PAYMENT OF VOUCHERS — JUNE Motion by Councilman Rocco Seconded by Councilman Proud VOTES: ALL AYE ADOPTED BE IT RESOLVED, the vouchers submitted have been audited and shall be paid as follows: General Fund A Vouchers #313 - 334 $ 71,201.17 General Fund B B67 - B76 $ 65,459.80 Highway Fund DB D266 - D280 $ 30,765.90 Water Fund W 120 - W 13 0 $ 9,128.99 Sewer Fund S59 - S60 $ 124.91 Capital Projects H4 - H4 $ 4,000.00 Supervisor Tupper offered privilege of the floor to those in attendance. No comments or discussion were heard. The monthly report of the Supervisor for the month of June 2006 was on the table for review and is filed in the Town Clerk's office. Town Clerk and Tax Collector, Karen Q. Snyder apprised the Board she returned $734,862.61 in unpaid 2006 Town and County tax bills to the County Treasurer for collection. She also informed the Board that she and Supervisor Tupper renegotiated the Town's interest rates with Alliance Bank and was able to accrue more interest this year from the Tax Collection account. The municipal rate is 3.75%, however the Town negotiated 4.23%. Alliance Bank has to guarantee the assets in the Town's name, which is held by M&T Bank. RESOLUTION #123 ACCEPT 2006 TAX COLLECTOR'S SUMMARY Motion by Councilman O'Donnell Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED BE IT RESOLVED, the 2006 Tax Collector's Summary is hereby accepted and shall be received and filed. n 1 JULY 05, 2006 TOWN BOARD MEETING PAGE 2 RESOLUTION #124 ACKNOWLEDGE RECEIVING NOTICE OF PETITION FOR REVIEW OF ASSESSMENTS 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 Notice of Petition, regarding their current assessments, from New York State Electric & Gas Corporation. Supervisor Tupper acknowledged that Attorney Folmer could not be in attendance at the meeting, however he sent a report via fax to update the Board on pending issues. Supervisor Tupper reported the following on Attorney Folmer's behalf: Revisions to Stormwater Management Plan and Planned Unit Development Ordinances: The Stormwater Management Plan and Planned Unit Development revisions were delivered to County Planning in time for their July 2006 meeting. Revised Zoning Ordinance: Revisions to the Town's Zoning Ordinance were not yet complete, but would be submitted in advance of the present cut off date. Code Violations: All the matters pending before the Justice Court are pending and no resolution has been reached with regard to them. The Court has scheduled appearance dates for two new violations, and dates for completion of the Beaudry matter. The Berlew matter awaits word that he is out of the hospital. The Flatt matter has not been scheduled, as CEO Weber gave him until July 5, 2006 to comply. Walking Trail: Attorney Folmer and Councilman Proud have been meeting regarding a policy for a walking trail, and would meet again with Highway Sup't. to discuss rules and regulations. Complaints Regarding the Noise Ordinance: The Sheriffs Department received two noise complaints from the same individual over the weekend. Officers were sent to the scene and found no violation taking place when they arrived. They explained that the individual complainant could sign an accusatory instrument and start prosecution, but she declined to do so. If a violation is not occurring when the police arrive, an individual will have to sign a paper making the accusation. The Sheriff s Department has been instructed to make a report of each and every call and response they get relating to the Noise Ordinance. Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and file the sample draft of "A Local Law Providing for the Administration and Enforcement of the New York State Uniform Fire Prevention and Building Code." All voting aye, the motion was carried. JULY 05, 2006 TOWN BOARD MEETING PAGE 3 RESOLUTION #125 REFER CODE VIOLATION OF STEPHEN FLATT FOR PROPERTY LOCATED AT 3649 LEVYDALE PARK TO TOWN ATTORNEY FOR REVIEW AND PROCEED AS Motion by Councilman Rocco Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED, the code violation of Stephen Flatt for property located at 3649 Levydale Park, Cortland, New York, is hereby referred to the Town Attorney for review, and it is further RESOLVED, the Town Attorney is hereby directed to proceed with compliance as required. RESOLUTION #126 AUTHORIZE TOWN CLERK TO ENTER INTO A LEASE WITH INDACOM PLACE TO STORE TOWN RECORDS WHILE TOWN HALL EXPANSION/RENOVATION OCCURS SUBJECT TO TOWN ATTORNEY APPROVAL Motion by Councilman Rocco Seconded by Councilman Proud VOTES: ALL AYE ADOPTED WHEREAS, due to the Town Hall Expansion/Renovation Project the Town's records must be removed from the basement and vault before construction may commence, and WHEREAS, Town Clerk Snyder arranged for the Town to lease an environmentally controlled, fire protected, secure space at Indacom Place, located at 839 NYS Route 13, in the amount of $200.00 per month for such purpose, therefore BE IT RESOLVED, the Town Board does hereby authorize and direct the Town Clerk to enter into a lease agreement with Indacom Place to store Town records while the Town Hall Expansion/Renovation Project occurs, and it is further RESOLVED, the lease agreement shall be executed subject to Town Attorney approval. Councilman O'Donnell made a motion, seconded by Councilman Rocco, to receive and file correspondence from Janis M. Gross, NYS DOT to James Trasher, Clough Harbour & Associates, LLP, dated May 3, 2006, regarding the proposed Wal-Mart Supercenter and the possibility of connecting the Supercenter's access road directly into Bennie Road and eliminating the present intersection of Bennie Road and NYS Route 13. All voting aye, the motion was carried. Councilman Rocco made a motion, seconded by Councilman Testa, to receive and file correspondence from Arnold Caddick, Procon Contracting, LLC, to James Trasher, Clough Harbour & Associates LLP, dated June 16, 2006, agreeing to the extension of the Notice of Award for Phase II of the Cortlandville Starr Road Park & Recreation Center. All voting aye, the motion was carried. Councilman Testa made a motion, seconded by Councilman O'Donnell, to receive and file correspondence from James Trasher, Clough Harbour & Associates LLP, to Arnold Caddick, Procon Contracting, LLC, dated June 29, 2006, regarding breaking up the work for Phase II of the Cortlandville Starr Road Park & Recreation Center into two phases; Phase I to be completed in 2006, and Phase II to be completed in 2007. All voting aye, the motion was carried. 1 1 I 6 3 JULY 05, 2006 TOWN BOARD MEETING PAGE 4 Councilman Testa made a motion, seconded by Councilman O'Donnell, to receive and file County Planning Board Resolution 406-24, dated June 21, 2006, and the recommendations from the County Planning Department dated June 16, 2006, regarding the Aquifer Protection Permit Application submitted by Compagni Land Development, LLC, property located off of Luker Road, tax map #95.08-01-16.000. All voting aye, the motion was carried. Members of the Board had conflicts with the July 19, 2006 scheduled Town Board Meeting at 5:00 p.m. and therefore rescheduled the regular meeting to July 19, 2006 at 9:00 a.m. Notice of the change in time would be posted on the Town's website. RESOLUTION 4127 SCHEDULE PUBLIC HEARING FOR AQUIFER PROTECTION PERMIT APPLICATION SUBMITTED BY COMPAGNI LAND DEVELOPMENT, LLC, PROPERTY OWNED BY BESTWAY ENTERPRISES, LLC, FOR JULY 19, 2006 Motion by Councilman Rocco Seconded by Councilman Proud VOTES: ALL AYE ADOPTED BE IT RESOLVED, a Public Hearing shall be scheduled for July 19, 2006 at 9:00 a.m. for an Aquifer Protection Permit application submitted by Compagni Land Development, LLC for property located on the northwest side of Luker Road, owned by Bestway Enterprises, LLC, tax map #95.08-01-16.000. RESOLUTION #128 RESCHEDULE PUBLIC HEARING FOR LOCAL LAW OF 2006 - ZONE CHANGE, SUBMITTED BY R.B. PITTSBURGH FOR PROPERTY OWNED BY N.C.W.P., LLC. FOR JULY 19, 2006 Motion by Councilman Rocco Seconded by Councilman Proud VOTES: ALL AYE ADOPTED BE IT RESOLVED, a Public Hearing shall be rescheduled for July 19, 2006 at 9:00 a.m. for Local Law of 2006 — Zone Change, submitted by R.B. Pittsburgh for property located on the west side of NYS Route 13, approximately %2 mile south of Lime Hollow Road, owned by N.C.W.P., LLC., tax map #95.00-10-11.100. Councilman Rocco made a motion, seconded by Councilman Testa, to receive and file correspondence from Peter and Shirley Adams, dated June 27, 2006, regarding flooding concerns on Bell Drive. All voting aye, the motion was carried. Councilman Testa apprised those in attendance that he and Supervisor Tupper held a meeting the past week with residents of Bell Drive regarding the drainage and flooding concerns in their neighborhood. Supervisor Tupper commented that another petition to the State was started, asking that the last stage of the Route 281 highway construction be completed first, and then complete the section from Route 222 to Route 13 last. Councilman Rocco did not believe the State would change their construction plan. Supervisor Tupper hoped the construction plan could be moved up a couple of years. Councilman Rocco questioned whether the Adams got water in their basement as a result of the recent storm. Supervisor Tupper apprised the Board the Adams did not have any flooding in their basement, which was probably a result of the recent drainage work done by Highway Sup't. Bush on Hillside Drive. Councilman Testa questioned what the likeliness would be to extend the retention basin below the Renaissance Development another 10 feet back, and whether Dr. Ambrose would comply. JULY 05, 2006 TOWN BOARD MEETING PAGE 5 Supervisor Tupper stated the Board could ask Attorney Folmer to approach Dr. Ambrose regarding the matter. Supervisor Tupper explained that if the Town spent taxpayers money right now to help resolve the drainage problems it would be a waste because the State would be correcting the drainage problem with the expansion of Route 281/Route 13. Planning Board Member, Nick Renzi recommended the Town install another culvert below Dr. Ambrose's driveway, across Davinci Drive, down to the retention basin. The Board continued to discuss the drainage problem and possible solutions that would alleviate the drainage problems. RESOLUTION #129 ACCEPT WITHDRAWAL OF BID FROM KINSLEY POWER SYSTEMS FOR ONE NEW AND UNUSED TRAILER MOUNTED ENGINE DRIVEN GENERATOR SET Motion by Councilman Rocco Seconded by Councilman Testa VOTES: ALL AYE ADOPTED WHEREAS, the Board awarded the bid for One New and Unused Trailer Mounted Engine Driven Generator Set to Kinsley Power Systems on June 7, 2006, in the amount of $15,115.00, and WHEREAS, Kinsley Power Systems failed to include the cost of the trailer in it's bid amount resulting in the bid being significantly less than the budget price given by Water & Sewer Sup't Peter Alteri, therefore BE IT RESOLVED, the Town Board does hereby accept the withdrawal of the bid from Kinsley Power Systems for One New and Unused Trailer Mounted Engine Generator Set. RESOLUTION #130 AWARD BID FOR ONE NEW AND UNUSED TRAILER MOUNTED ENGINE DRIVEN GENERATOR SET TO ADMAR SUPPLY CO. IN THE AMOUNT OF $17,650.00 Motion by Councilman O'Donnell Seconded by Councilman Proud VOTES: ALL AYE ADOPTED WHEREAS, the Town Board accepted the withdrawal of bid from Kinsley Power Systems for One New and Unused Trailer Mounted Engine Driven Generator Set because they failed to include the cost of the trailer in their bid, and WHEREAS, Water & Sewer Sup't., Peter Alteri, Jr. recommended the Board award the bid to the next lowest bidder according to the sealed bids opened on June 5, 2006 at 3:00 p.m., therefore BE IT RESOLVED, the Town Board does hereby award the bid for On New and Unused Trailer Mounted Engine Driven Generator Set to Admar Supply Co., 2305 Old Vestal Road, Vestal, New York, in the amount of $17,650.00. Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and file correspondence from Diana L. Graser, NYS DOT, dated June 26, 2006, denying the Town's request to reduce the speed limit on McLean Road, between Deerfield Heights and the Cortland/Tompkins County line. All voting aye, the motion was carried. Councilman Rocco requested that Supervisor Tupper write a letter to the Lime Hollow Nature Center with a copy of the correspondence from the NYS DOT denying the Town's request to lower the speed limit on McLean Road. Councilman Testa requested Supervisor Tupper also contact Senator Seward regarding the Town's request. .1 ( 5- JULY 05, 2006 TOWN BOARD MEETING PAGE 6 RESOLUTION #131 AUTHORIZE APPROVAL REQUEST OF RUSSELL VINNEDGE FOR THE BLODGETT MILLS COMMUNITY DEVELOPMENT HOUSING REHABILITATION PROGRAM Motion by Councilman Testa Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby authorize the approval request of Russell Vinnedge for property located at 2304 Main Street, Blodgett Mills, Town of Cortlandville, for a 50% deferred loan combined with 50% direct loan for the Blodgett Mills Community Development Housing Rehabilitation Program, and it is further RESOLVED, the work for the 5-unit income property would include interior carpentry, exterior carpentry, windows, siding and electric for a total of $43,000.00. Councilman O'Donnell made a motion, seconded by Councilman Proud, to receive and file correspondence from Supervisor Richard Tupper to Carl Ford, P.E., Acting Regional Director, NYS DOT, dated June 19, 2006, regarding Phase II of the NYS Route 281 Road Widening Project and drainage concerns in the Bell Drive area. All voting aye, the motion was carried. Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and file correspondence from Gene Cilento, P.E., Regional Design Group, NYS DOT, dated June 29, 2006 responding to Supervisor Tupper's letter dated June 19, 2006 regarding Phase II of the NYS Route 281 Road Widening Project and drainage concerns in the Bell Drive area. All voting aye, the motion was carried. RESOLUTION #132 ACCEPT NEW YORK STATE ARCHIVES LOCAL GOVERNMENT RECORDS MANAGEMENT IMPROVEMENT FUND GRANT IN THE AMOUNT OF $13,000.00 Motion by Councilman Proud Seconded by Councilman Testa VOTES: ALL AYE ADOPTED WHEREAS, the Town of Cortlandville filed an application for funds from the New York State Archives, State Education Department, for a Local Government Records Management Improvement Fund (LGRMIF) grant under the Active Records Category to complete a GIS Needs Assessment, for an amount not to exceed $13,000.00, and WHEREAS, said application was approved by the Commissioner of Education on behalf of the New York State Archives, therefore BE IT RESOLVED, the Town Board does hereby accept the New York State Archives Local Government Records Management Improvement Fund grant in the amount of $13,000.00, and it is further RESOLVED, the Town shall enter into and execute a project agreement with the State for such financial assistance to the Town. No action was taken regarding the request made by CEO, Bruce Weber to be paid for his accrued and unused vacation days. 1(6 JULY 05, 2006 TOWN BOARD MEETING PAGE 7 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 7:50 p.m. Respectfully submitted, Karen Q. Snyder, RMC Town Clerk Town of Cortlandville 1