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HomeMy WebLinkAbout08-02-2006AUGUST 02, 2006 7:00 P.M. 1 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: Town Attorney, John Folmer; Highway Sup't. Carl Bush; Water & Sewer Sup't., Peter Alteri; Planning Board member, Nick Renzi; Scott from Clough, Harbour & Associates; Village of McGraw Mayor Jay Cobb; Residents of the Village of McGraw: Allan Stauber, Francis & Judy Oliver, Carol Freeman, Ann Phillips, Joyce Reeve, Robert Freeman, Tom Honour; Mary Jane Neff, Freeville, NY; Eric Gavike from Colorado Springs, CO; Charles Gazzera, Cape Coral, FL; Representative of C.A.P.E.: Robert Rhodes, Richanna Patrick; News Reporter, Eric Mulvihill from WXHC; and Sharon Stevans for Channel 2, Access TV. Supervisor Tupper called the meeting to order. The draft Town Board Minutes of June 21, 2006 and July 5, 2006 were submitted to the FI-TIMII RESOLUTION #143 AUTHORIZE PAYMENT OF VOUCHERS — AUGUST 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 4357 - 382 $ 19,742.56 General Fund B B80 - B89 $ 25,805.97 Highway Fund DB D317 - D336 $ 15,696.87 Water Fund W145 - W151 $ 42,852.20 Sewer Fund S67 - S69 $ 27,906.91 Capital Projects H5 - H8 $120,208.35 Special Grant SG7 - SG14 $ 63,196.30 Supervisor Tupper offered privilege of the floor to those in attendance. Tom Honour, 1581 Saunders Road, apprised the Board that since the construction of the Cortlandville Starr Road Park & Recreation Center he has had problems with flooding at his home. He noted that residents in the City of Cortland on Scammell Street and Denti Way are also experiencing problems with flooding. Councilman Testa apprised Mr. Honour they were aware of the drainage problems. The Town's engineering firm, Clough Harbour & Associates LLP. would assess the problem at the park and would report back to the Board. Francis Oliver, 2 Spring Street, Village of McGraw, apprised the Board that during the recent flooding in the Village of McGraw he was inundated with water overflowing from Smith Creek. He voiced his concern with a nearby deteriorating bridge that he felt was unsafe for vehicles to travel over. Mr. Oliver also mentioned the 3-4 ft. transfer gas main line that runs through Smith Creek, which is unearthed and could cause major damage if the pipe bursts. He continued to explain the flooding that affected Spring Street, East Academy Street and the way in which the entire area has been changing. Mr. Oliver stated there are many things that cannot be controlled such as rain and flooding, however things that can be controlled, such as fixing the bridge and the gas main, should be addressed before a catastrophe occurs. 178 AUGUST 02, 2006 TOWN BOARD MEETING PAGE 2 Supervisor Tupper stated he thought the bridge in question belonged to the County, however because the bridge is less that 25 ft. it is owned by the Town. Highway Sup't. Bush apprised the Board and those in attendance that the State of New York inpects all bridges and reports to the municipality. Village of McGraw Mayor, Jay Cobb called the NYS DOT to inspect the bridge, which should be done within one week. Councilman O'Donnell apprised those in attendance that NYSEG should be aware of the gas lines as he saw two work trucks at the site after the heavy flooding. Councilman Rocco questioned whether there would be an objection to removing the bridge. Mayor Cobb stated there would be concerns and things to address such as emergency response; the school; turning the street into a dead end street; and snow plow access. He apprised the Board that as of today the bridge and the road were temporarily closed. Supervisor Tupper apprised those in attendance that because of the way the Village rules are and the way the Town is financially set up, Highway Sup't. Bush and his employees cannot go into the Village of McGraw and assist the Village without authorization from the Board. Councilman Proud questioned whether there would be an issue as to what is considered a priority when both the Village and the Town are affected by flooding. The Board felt that Highway Sup't. Bush would use his good judgment to work with Mayor Cobb and the Village Council to properly assist in such situations. An unknown man in attendance questioned whether there was money to help residents who are affected by floods repair their damaged homes. Supervisor Tupper suggested residents contact FEMA or Brenda DeRusso with the County Fire Emergency Management for assistance. An unknown woman in the attendance apprised the Board she contacted Ms. DeRusso and was told that those people affected by the second flood were not eligible for funding at this time. Before being declared a federal disaster, $150,000 of municipal damage must occur. A gentleman residing at 17 E. Academy St. stated there are several problems with the water run-off. He stated the majority of the problem with the run-off is the gravel that is accumulating in the stream. However, the DEC would not allow the creek to be dredged because of the trout in the creek. Supervisor Tupper suggested Mayor Cobb speak with the Cortland County Soil & Water Conservation District as they offer advice and assistance in such matters. RESOLUTION #144 AUTHORIZE HIGHWAY SUP'T. AND HIGHWAY DEPARTMENT EMPLOYEES TO ASSIST THE VILLAGE OF MCGRAW HIGHWAY DEPARTMENT WITH FLOOD PROBLEMS AND REMEDIES Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby authorize and direct the Highway Sup't. and Highway Department Employees to assist the Village of McGraw with flood problems and remedies. Fred Little, 3713 Page Green Road, Town Highway Department Employee, apprised the Board his property was also flooded, which he attributed to the drainage problem created by construction of the Cortlandville Starr Road Park & Recreation Center. Mr. Little stated he was willing to work with the engineers to resolve the drainage issue. An unknown woman apprised the Board that her daughter and son-in-law, who reside at 29 Clinton St. Ext., which is the bottom of the hill, also have drainage problems resulting from the properties above them every time there is a rainfall. 1.7 9 AUGUST 02, 2006 TOWN BOARD MEETING PAGE 3 RESOLUTION #145 TABLE REQUEST OF CEO BRUCE WEBER TO BE PAID FOR ACCRUED UNUSED VACATION DAYS Motion by Councilman Rocco Seconded by Councilman Proud VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Board does hereby table the request of CEO, Bruce Weber to be paid for accrued unused vacation days until after an Executive Session was held to allow the Board an opportunity to discuss the issue. RESOLUTION #146 ACKNOWLEDGE RECEIVING NOTICE OF PETITION FOR REVIEW OF ASSESSMENT FROM WSL WALDEN INVESTORS IV, LLC Motion by Councilman O'Donnell 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 regarding their current assessment from WSL Walden Investors IV, LLC. for property located on Bennie Road, tax map #105.00-01-22.220. Attorney Folmer reported: Bonding — Town Hall Expansion/Renovation: Attorney Folmer apprised the Board the required time limits regarding bonding for the Town Hall Expansion/Renovation project expired. He and Town Clerk Snyder would forward the appropriate documents to Bond Counsel. Revised Zoning Text Amendment: Attorney Folmer apprised the Board the Revised Zoning Text Amendment was at the County Planning Board for review and recommendations. Attorney Folmer was invited to attend the meeting for the Coordinating Review Committee August 8, 2006, which he planned to attend. Code Violation — Anthony Tinelli — Route 11: Attorney Folmer apprised the Board the pending zoning violation of Anthony Tinelli for property located on Route 11 was adjourned to a later date. Justice Casullo received correspondence from Mr. Tinelli's attorney requesting an adjournment due to the fact that Mr. Tinelli commenced litigation against the Cortlandville Fire Department. The matter would be heard before Judge Dowd September 18, 2006. It was Attorney Folmer's understanding that Mr. Tinelli had removed some material from the site. However, Mr. Tinelli was refusing to make structural changes in order to be able to demonstrate the basis of his claim. Code Violation — David Berlew — Retention Basin: With regard to the zoning violation of David Berlew who recently passed away, Attorney Folmer informed the Board he spoke with the Clerk in the Surrogate's Court to determine whether or not a representative had been appointed. A petition for the appointment of an executor or an administrator had been filed with the Court. However, he was advised that it was a "procedural mess" and would take some time to be resolved. When the executor or administrator is appointed the Town could proceed with action. Councilman O'Donnell questioned whether the executor or administrator of the estate would have the authority to remove Mr. Berlew's truck from his property on Route 281, which the Board felt resembled a sign and requested be removed in the past. Attorney Folmer apprised the Board that the executor or administrator would have the authority to do many things. 180 AUGUST 02, 2006 TOWN BOARD MEETING PAGE 4 Conveyance of Deed — NYS Route 215: Attorney Folmer apprised the Board he was in receipt of the deed from Donald Reed to the Town of Cortlandville for property located off of NYS Route 215. The Town was purchasing a portion of the property in order to correct the dangerous intersection of NYS Route 215 and Bennie Road. Attorney Folmer requested the Board authorize the Supervisor to accept the deed. RESOLUTION #147 ACCEPT CONVEYANCE OF DEED FROM DONALD P. REED FOR PROPERTY LOCATED AT 3334 NYS ROUTE 215 Motion by Councilman O'Donnell Seconded by Councilman Proud VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby accept the conveyance of a deed from Donald P. Reed for property located at 3334 NYS Route 215, a portion of tax map #106.00-01-06.200, in order to correct the intersection of NYS Route 215 and Bennie Road. Draft FEIS - Wal-Mart Supercenter PUD: Attorney Folmer reported that Clough Harbour & Associates received the Draft Final Environmental Impact Statement (FEIS) for the Wal-Mart Supercenter PUD on August 2, 2006. CHA would review the Draft FEIS for accurateness and completeness. Because the Draft FEIS was prepared on behalf of the Town it was considered an intra-agency communication at the present time. Attorney Folmer would discuss a time frame with CHA for the Draft FEIS to be reviewed in order for the document to be available for general consumption. RESOLUTION #148 RESOLUTION TO BE PAID DIRECTLY ALL OF TOWN'S SHARE OF COUNTY SALES TAX Motion by Councilman Rocco Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED RESOLVED, that the Town of Cortlandville pursuant to Tax Law Section 1262 elects to be paid directly all of its share of county sales taxes which would otherwise be applied to reduce the county taxes levied upon real property in the Town of Cortlandville, and be it further RESOLVED, that pursuant to Town Law Section 1262, this resolution shall be effective commencing with calendar year 2007, and it is further RESOLVED, that the Cortlandville Town Clerk shall forward a certified copy of this Resolution to the Cortland County Treasurer and the Cortland County Director of Real Property Tax Services by registered or certified mail before September 01, 2006. RESOLUTION 4149 REFER AQUIFER PROTECTION PERMIT APPLICATION SUBMITTED BY PROP INC. TO THE TOWN AND COUNTY PLANNING BOARDS FOR REVIEW AND RECOMMENDATIONS Motion by Councilman Proud Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Aquifer Protection Permit application submitted by Prop Inc. for property located at 3877 Luker Road, tax map 486.17-01-01.000, shall be referred to the Town and County Planning Boards for their review and recommendations. 181 AUGUST 02, 2006 TOWN BOARD MEETING PAGE 5 RESOLUTION #150 REFER AQUIFER PROTECTION PERMIT APPLICATION SUBMITTED BY GERRY V. RUGGIERO TO THE TOWN AND COUNTY PLANNING BOARDS FOR REVIEW AND RECOMMENDATIONS Motion by Councilman Proud Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Aquifer Protection Permit application submitted by Gerry V. Ruggiero, for property located at 241 McLean Road, owned by Cortland Church of the Nazarene, tax map #96.09-01-25.100 & #96.09-01-25.200, shall be referred to the Town and County Planning Boards for their review and recommendations. Councilman Rocco made a motion, seconded by Councilman O'Donnell, to receive and file correspondence from Congressman Sherwood Boehlert, dated July 20, 2006, regarding correspondence from the US Department of Transportation and the Town's concerns with the widening of NYS Route 281/NYS Route 13 and Bell Drive drainage concerns. All voting aye, the motion was carried. Councilman Rocco made a motion, seconded by Councilman O'Donnell, to receive and file correspondence from Shane Carr, Assistant Secretary for Government Affairs, US Department of Transportation, to Congressman Boehlert, acknowledging receipt of correspondence from Supervisor Tupper and advising that the inquiry was transmitted to the officials of the Federal Highway Administration. All voting aye, the motion was carried. Councilman Rocco made a motion, seconded by Councilman O'Donnell, to receive and file correspondence from Congressman Boehlert to Supervisor Tupper, dated July 24, 2006, updating the Town on information received from the US Department of Transportation, Federal Highway Administration. All voting aye, the motion was carried. Councilman Rocco made a motion, seconded by Councilman O'Donnell, to receive and file correspondence from Mary L. Peterson, Executive Secretariat, US Department of Transportation, dated July 18, 2006, to Terre Dennis, Office of Congressman Boehlert, responding to Congressman Boehlert's letter dated July 13, 2006. All voting aye, the motion was carried. Councilman Rocco made a motion, seconded by Councilman O'Donnell, to receive and file correspondence from Congressman Boehlert to Supervisor Tupper, dated July 31, 2006, regarding the response he received from the US Department of Transportation regarding the NYS Route 281/Route 13 Road Widening Project. All voting aye, the motion was carried. Councilman Rocco made a motion, seconded by Councilman O'Donnell, to receive and file correspondence from Robert Arnold, Division Administrator, US Department of Transportation, to Congressman Boehlert, dated July 25, 2006, regarding the NYS Route 281/Route 13 Road Widening Project. All voting aye, the motion was carried. Councilman Rocco made a motion, seconded by Councilman Testa, to receive and file the GIS Needs Assessment Grant Progress Report, dated July 31, 2006 from Water & Sewer Sup't. Peter Alteri. All voting aye, the motion was carried. 18 2_ AUGUST 02, 2006 TOWN BOARD MEETING PAGE 6 RESOLUTION 4151 AUTHORIZE SUPERVISOR TO SIGN CONTRACT WITH CLOUGH HARBOUR & ASSOCIATES LLP. NAMING THEM CLERK OF THE WORKS FOR PHASE II OF THE CORTLANDVILLE STARR ROAD PARK & RECREATION Motion by Councilman O'Donnell 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 Clough Harbour & Associates LLP. naming them Clerk of the Works for Phase II of the Cortlandville Starr Road Park & Recreation Center, and it is further RESOLVED, the contract shall be executed after Clough Harbour & Associates clarified the terms of payment with Attorney Folmer and Deputy Supervisor Testa. Supervisor Tupper requested the Board convene to an Executive Session to discuss a personnel matter. He also reminded the public that the next Town Board Meeting would be held August 16, 2006 at 9:00 a.m. 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. All voting aye, the motion was carried. The meeting was recessed at 7:45 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. RESOLUTION #152 AUTHORIZE SUPERVISOR TO ISSUE PAYMENT TO ZONING ENFORCMENT OFFICER BRUCE WEBER FOR ACCRUED UNUSED VACATION DAYS Motion by Councilman Rocco Seconded by Councilman Testa VOTES: ALL AYE ADOPTED WHEREAS, recognizing that the position of Zoning Enforcement Officer in the Town is unique in that there is no one available to perform the duties of the person holding that position in the absence of the duly appointed Zoning Enforcement Officer, and WHEREAS, as a result of the circumstances as set forth above, it is not feasible for the Zoning Enforcement Officer to take vacation time without causing a delay in the processing of applications relating to the functions of his office, and WHEREAS, the current Zoning Enforcement Officer has accumulated unused vacation time for which he seeks to be compensated, and WHEREAS, although payment of such amounts is not consistent with past practices, it is appropriate to make such payments given the unusual circumstance of this position, and WHEREAS, while such payment is being authorized, such payment shall be considered an out of the ordinary matter and shall not be deemed to be a change in personnel policy, and AUGUST 02, 2006 TOWN BOARD MEETING PAGE 7 183 WHEREAS, the Town Personnel Policy will be revised to detail the practice to be utilized under these circumstances in the future, therefore BE IT RESOLVED, that the Town shall pay to Bruce Weber, the current Zoning Enforcement Officer the sum of $3,948.42 representing payment for 21 days of accumulated vacation time for the year 2005, together with $1,754.55 representing payment for 9 days of accumulated vacation time in the year 2006. Such payments shall be made from the budgeted amounts set aside for the office of Zoning Enforcement, and it is further RESOLVED, that such payments shall be in full satisfaction of payment for vacation time accumulated prior to 2005, and any vacation time accrued by the Zoning Enforcement Officer prior to 2005 shall be eliminated from said employee's account. 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 8:20 p.m. 1 Respectfully submitted, Karen Q. Snyder, RMC Town Clerk Town of Cortlandville