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HomeMy WebLinkAbout08-16-2006AUGUST 16, 2006 9:00 A.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, John C. Proud Town Clerk, Karen Q. Snyder Absent: Councilman, Ronal L. Rocco Others present were: Town Attorney, John Folmer; Highway Sup't. Carl Bush; Water & Sewer Sup't., Peter Alteri; Supervisor's Secretary, Patty O'Mara; Planning Board member, Nick Renzi; County Legislator, John Daniels; John Carroll; Timothy & Connie Neff; John Mandarano; Pat Mandarano; Representatives of C.A.P.E.: Jamie Dangler, Jo Schaffer, Robert Rhodes, Patricia Shedd; News Reporter, Evan Geibel from the Cortland Standard; News Reporter, Eric Mulvihill from WXHC; and Sharon Stevans for Channel 2, Access TV. Supervisor Tupper called the meeting to order. Councilman Testa made a motion, seconded by Councilman O'Donnell, to receive and file the Cortlandville Zoning Board of Appeals Minutes. of May 30, 2006. All voting aye, the motion was carried. RESOLUTION #154 AUTHORIZE PAYMENT OF VOUCHERS — AUGUST Motion by Councilman O'Donnell 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 #383 - 403 $ 5,647.07 General Fund B B90 - B94 $ 1,213.46 Highway Fund DB D337 - D372 $ 88,858.60 Water Fund W152 - W163 :$129,557.15 Sewer Fund S70 - S79 $ 94,321.39 Capital Projects H9 - H9 $ 20,000.00 Special Grant SG15 - SG16 3 10,035.60 Supervisor Tupper offered privilege of the floor to John Mandarano. John Mandarano, 3775 Route 11, Polkville, questioned when public water would be brought to Polkville: Supervisor Tupper informed Mr. Mandarano that aerial photography was done to develop a plan to run water to Polkville and Blodgett Mills. The Town looked into applying for grants because it would be: a very expensive project. Unfortunately there are not enough customers to make the project cost effective unless the Town receives a significant' amount of State and Federal money. The approximate cost would be $2.5 million for,, approximately 30-40 customers. Mr. Mandarano questioned how sewer was brought to Polkville. Councilman ,O'Donnell informed Mr. Mandarano that sewer was brought to Polkville as part of the sewer project for the Village of McGraw. He explained that in order to hook McGraw up to the Sewage Treatment Plant they had to go through Polkville. Supervisor Tupper was not sure whether the Village of McGraw would allow Polkville to tie into their water. Councilman,O'Donnell stated that McGraw has a very shallow well and may someday have to rely on the Town to supply water. He explained that water is not" townwide and that the only people who pay for water are those who are benefited by it. The cost" of running the water AUGUST 16, 2006 TOWN BOARD MEETING PAGE 2 line to Polkville and Blodgett Mills would be very costly without a grant and would be paid for by those who benefit from water. Mr. Mandarano felt that the tax base for Polkville would increase if water supply was available as it would attract business, such as restaurants and hotels, due to the location of I-81. Supervisor Tupper stated that the Town's grant writing company, Thoma Development Consultants, was looking for money for the Town at this time. Supervisor Tupper offered privilege of the floor to Nick Renzi. Planning Board Member, Nick Renzi apprised the Board that Patrick Reidy, Cortland County Soil & Water Conservation District, sent an email to various people including CEO Weber, summarizing interviews conducted by the NYS DEC and FEMA relative to the flood remapping project. CEO Weber was interviewed regarding Cortlandville and stated that the priorities of the community were that: "l) Otter Creek should have a detailed study of its entire length within the community. This creek poses a flood risk since there is significant new development occurring in the area. 2) Dry Creek should have a detailed study of its entire length within the Town. There is significant development in the area." Mr. Renzi stated he would contact Mr. Reidy to see what has happened as a result of CEO Weber's comments. In addition, Mr. Renzi apprised the Board that when Mike Barylski from the NYS DEC reviewed the DEIS for the Wal-Mart Supercenter, he suggested a study be conducted on Otter Creek. Mr. Renzi felt that Mr. Barylski's memo, in addition to the recent flooding that occurred at the polo field, Walden Place, McLean Road railroad crossing, and Pall Trinity parking lot, was a good indication that a study should be conducted regarding flood control. Attorney Folmer requested Mr. Renzi ask Mr. Reidy whether there used to be a small damn at the back of the Cortland Water Works, which was ordered to be removed by the DEC. Supervisor Tupper offered privilege of the floor to Tim Neff. Tim Neff commented that the Smith Brook bridge needs to be replaced and questioned when it would be replaced. Supervisor Tupper apprised Mr. Neff that the Board would discuss the bridge later on in the meeting. Councilman O'Donnell commented that the bridge is only 24 ft. long and when it is rebuilt it should be over 25 ft. so that it can be turned over to the County for maintenance. Monthly Reports from the Town Clerk, Water & Sewer Department, and the Supervisor for the month of July 2006 were on the table for review and are filed in the Town Clerk's office. Attorney Folmer reported: Zoning Text Amendments: Attorney Folmer presented the Board and Town Clerk Snyder with draft copies of the revisions to the Stormwater Management Plan, Planned Unit Development, and the final version of the redrafted Zoning Law. Copies of letters sent to involved and interested agencies regarding lead agency status in connection with the SEQR review were also submitted. Attorney Folmer welcomed comments from the Board regarding any of the revisions, however there was a 30-day waiting period for involved and interested agencies to request lead agency status. The County Planning Board reviewed all three zoning text amendments and recommended their adoption with some minor conditions. Councilman Proud made a motion, seconded by Councilman O'Donnell, to receive and file draft copies of the Revised Stormwater Management and Erosion and Sediment Control Ordinance, Revised Planned Unit Development Ordinance, and the Revised Zoning Law. All voting aye, the motion was carried. -190 AUGUST 16, 2006 TOWN BOARD MEETING PAGE 3 Draft FEIS — Wal-Mart Superenter PUD: Attorney Folmer apprised the Board that Clough Harbour & Associates LLP. completed their review of the Draft. Final Environmental Impact Statement (FEIS) for the Wal-Mart Supercenter PUD application. CHA wrote a 3-4 page letter commenting on the technical areas that were not addressed, or not addressed appropriately in the FEIS. CHA would forward Attorney Folmer the lst volume of the FEIS for his review of the textual material that is non- technical for his comments. Attorney Folmer could not predict how long it would take for the applicants to address the technical areas, which included traffic, water, and water pressure. Supervisor Tupper questioned whether the draft FEIS was a public document. Attorney Folmer stated the FEIS was still an intra-agency document, because it was prepared by the Town's consultants on the Town's behalf. Therefore, the document was not available under FOIL. Also, he had a request from one of the interested agencies for 2-3 copies of the FEIS when available. Attorney Folmer was not sure if that would be possible because he did not know how many copies the Town would be provided with, however the FEIS would be available on the Town's website. Planning Board Member, Nick Renzi apprised the Board the DEIS was supposed to be available on the Town's website, however the file could not be opened. Town Clerk Snyder would look into the matter. Contracts for the Town Hall Expansion & Renovation Project: Supervisor Tupper questioned how the contracts were coming along with regard to the Town Hall Expansion & Renovation Project. Attorney Folmer apprised the Board he spoke with Scott Smith from CHA who advised him there were some pages that needed to be included in the contracts before they could be completed. Conveyance of Deed — NYS Route 215: Supervisor Tupper questioned whether the deed was recorded for property located off of NYS Route 215 from Donald Reed. Attorney Folmer apprised the Board that Mr. Reed failed to sign one of blanks on two of the papers that must get filed with the County Clerk's Office. He would arrange for the documents to be signed. Councilman O'Donnell made a motion, seconded by Councilman Proud, to receive and file correspondence from Tim and Connie Neff, 36 E. Academy St., dated August 1, 2006 regarding a bridge in McGraw that is in need of repair. All voting aye, the motion was carried. Councilman Testa made a motion, seconded by Councilman O'Donnell, to receive and file correspondence from Tom Quinn, 2856 Hoxie Gorge Rd., dated August 1, 2006, regarding the Town of Cortlandville's management of the flow of water in relation to public roads through Hoxie Gorge. All voting aye, the motion was carried. Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and file correspondence from Kenneth J. Flood, Director, Governor's Office for Small Cities, dated August 3, 2006, regarding the Essex Steel Conditional Certification of Completion. All voting aye, the motion was carried. Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and file correspondence from Kenneth J. Flood, Director, Governor's Office for Small Cities, dated August 3, 2006, regarding the Essex Steel Comprehensive Monitoring Report. All voting aye, the motion was carried. Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and file correspondence from Kenneth J. Flood, Director, Governor's Office for Small Cities, dated August 7, 2006, regarding the Essex Steel Certification of Completion. All voting aye, the motion was carried. 1 1 1 191 AUGUST 16, 2006 TOWN BOARD MEETING PAGE 4 RESOLUTION #155 AUTHORIZE CEO, BRUCE WEBER TO ATTEND THE NYS PLANNING FEDERATION CONFERANCE Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby authorize Town Code Enforcement Officer, Bruce Weber to attend the NYS Planning Federation Conference in Saratoga Springs, New York, October 8, 2006 through October 11, 2006. Councilman Proud commented that in the past training for Planning Board members was optional and only required at the request of the Town Board. A four hour training session per year is now required by the State unless the Town opts out. Planning Board Member, Nick Renzi questioned whether the Board hired a substitute Code Enforcement Officer to cover for CEO Weber when he is on vacation. Supervisor Tupper apprised Mr. Renzi they had not yet done so. RESOLUTION 4156 AMEND RESOLUTION #101 OF 1999 UPDATING THE WATER AND SEWER FEE SCHEDULE FOR REPAIR WORK, CONNECTIONS AND AFTER HOUR FEES Motion by Councilman Proud Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby amend Resolution #101 of 1999, "Adopt Water and Sewer Fee Schedule for Repair Work, Connections and After Hour Fees" the fee schedule as follows: by updating Meter Package (meter valve, 5/8"x3/4" water meter, ball valve)......................$195.00 5/8"x 3/4" Water Meter.....................................................................$110.00 Watts Pressure Reducer Valve..............................................................$ 55.55 Dual Check Valve (back-flow).............................................................$ 50.93 Meter Valves (angle, or straight)...........................................................$ 78.00 114" Ball Valve.................................................................................$ 7.00 Residential Water Application..............................................................$ 15.00 Residential Sewer Application..............................................................$ 15.00 Commercial/Industrial Water Application ................................................ $ 50.00 Commercial/Industrial Sewer Application ................................................ $ 50.00 Reinspection Fee..............................................................................$ 15.00 Water Turn Off Fee...........................................................................$ 15.00 After Working Hours — 1 hr/trip minimum ................................................$ 40.00 Sprinkler Fees: Rate A 4" or Less ($50/qtr. for each additional)......... .....$65.00/qtr ......................... Rate B 5" to 7" ($50/qtr. for each additional)..........................................$90.00/qtr Rate C 8" or More ($50/qtr. for each additional)....................................$120.00/qtr Councilman O'Donnell made a motion, seconded by Councilman Proud, to receive and file correspondence from Carl F. Ford, P.E., Acting Regional Director, NYS DOT, dated August 9, 2006, regarding the NYS Route 281/Route 13 Road Widening Project. All voting aye, the motion was carried. AUGUST 16, 2006 . TOWN BOARD MEETING PAGE 5 There was discussion regarding the NYS Route 281/Route 13 Road Widening Project and the Bell Drive/Renaissance Development drainage problems. Supervisor Tupper apprised the Board that according to Mr. Ford's correspondence advancing the second phase of the Road Widening Project would not be possible. He explained that the drainage work is only a component of the highway work included in the project. Also, a decision was made "to not progress the original plan of piping runoff from the culvert to a detention pond located near Fisher Avenue," due to the cost of the project. Mr. Ford advised Supervisor Tupper that the State would work with the Town to acquire property or easements if needed, which could be included in Phase I of the project as long as a "betterment agreement" was met with the Town. According to the State, the drainage issues were a responsibility of the Town. The Board was not happy with the State's response and would continue to research a solution. Supervisor Tupper apprised the Board they received the State inspectors report on the East Academy Street Bridge in the Village of McGraw. According to correspondence from Highway Sup't. Bush, the report stated the following: the waterway opening is not adequate for the stream; bank protection must be repaired; marker signs replaced; the south side bridge railing needs significant work to be adequate; and the bridge approach guide railing also needs repairing. The only way to correct the bridge opening problem is to replace the bridge with a new bridge making it higher, wider & longer. Highway Sup't. Bush estimated the cost of a new bridge to Town and Village taxpayers would be between $750,000 and $1,000,000. Supervisor Tupper and Highway Sup't. Bush met with the County regarding the bridge and was informed that no financial assistance would come from the County. After discussing the matter with Mayor Cobb from the Village of McGraw, Highway Sup't. Bush recommended they remove the bridge as soon as possible and leave the abutment walls in place to protect the stream banks. The Town could look into replacing the bridge in the future or constructing a pedestrian bridge in its place. Supervisor Tupper commented that removing the existing bridge would not create traffic problems, as it is not essential to the Village's traffic flow. He informed those in attendance that the County has replaced all the other bridges in the Village since 1999. Also, no Federal or State money was available to help pay for a new bridge because it was not heavily used. Highway Sup't. Bush requested the Board authorize him to go out to bid for demolition of the bridge. RESOLUTION #157 AUTHORIZE HIGHWAY SUP'T. TO GO OUT TO BID FOR THE DEMOLITION OF THE EAST ACADEMY STREET BRIDGE IN THE VILLAGE OF MCGRAW Motion by Councilman O'Donnell Seconded by Councilman Proud VOTES: ALL AYE ADOPTED WHEREAS, the Village of McGraw requested the NYS DOT inspect the East Academy Street Bridge in the Village of McGraw, and WHEREAS, the NYS DOT reported the following regarding the East Academy Street Bridge: the waterway opening is not adequate for the stream; bank protection must be repaired; marker signs replaced; the south side bridge railing needs significant work to be adequate; and the bridge approach guide railing also needs repairing, therefore BE IT RESOLVED, after discussion between the Town of Cortlandville and the Village of McGraw it was determined that it would be in the best interest of both the Town and Village to demolish the East Academy Street Bridge as it would help with flooding problems, and it is further RESOLVED, the Town Highway Sup't. is hereby authorized and directed to go out to bid for the demolition of the East Academy Street Bridge in the Village of McGraw. AUGUST 16, 2006 TOWN BOARD MEETING PAGE 6 193 Supervisor Tupper apprised the Board that he and Highway Sup't. Bush met with the County regarding the flooding in the Starr Road area, including Levydale Park. In the past the County hired Barton & Loguidice PC to conduct a study of the area, which reported that the water passes underneath the road without any problems. Therefore, the County claimed the flooding was a Town problem. Attorney Folmer questioned what the County said about "the construction of one water control facility at the top of the hill" which was done years ago. The County got an easement to install a catch basin and did the installation. He suggested there be more discussion with the County regarding their efforts. Supervisor Tupper stated the County acknowledged that Starr Road was a County road and would be willing to help. However, he stated the Town would need to hire an engineering firm to conduct a detailed study and design. The County suggested the Town utilize Barton & Loguidice Engineering Firm because they conducted the original study. Supervisor Tupper stated future developers would have to be much more careful and responsible for stormwater management than they have in the past due to the tougher rules and regulations that exist today. Supervisor Tupper requested the Board authorize him to contact Barton & Loguidice PC to discuss the possibility of the firm conducting a detailed study and design regarding flooding concerns in the Starr Road area. RESOLUTION #158 AUTHORIZE SUPERVISOR TO CONTACT ENGINEERING FIRM BARTON & LOGUIDICE PC IN REGARD TO FLOOD CONCERNS IN THE STARR ROAD AREA 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 Supervisor to contact Barton & Loguidice PC in regard to contracting the engineering firm to conduct a detailed study and a design in regard to flood concerns in the Starr Road area. Planning Board Member, Nick Renzi commented that the revisions to the Stormwater Management Plan, the Planned Unit Development Ordinance, the revised Zoning Law, and the Business District Design Guidelines, which was adopted in the past, "makes the Cortlandville Code outstanding." Supervisor Tupper questioned whether there was anything else to be discussed. Tim Neff questioned why the DEC would not allow dredging of the creeks, and questioned whether a property owner could obtain a permit from the DEC to dredge the creek. Highway Sup't. Bush explained that the DEC would not dredge the creek because it was 6" above the water table. He suggested Mr. Neff contact the DEC for further answers to his questions. No further comments or discussion were heard. Councilman O'Donnell made a motion, seconded by Councilman Testa, to adjourn the Regular Meeting. All voting aye, the motion was carried. The meeting was adjourned at 9:55 a.m. Respectfully submitted, Karen Q. Snyder, RMC Town Clerk Town of Cortlandville