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HomeMy WebLinkAbout04-18-2007101 APRIL 18, 2007 5:00 P.M. 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: Absent: Supervisor, Richard C. Tupper Councilman, Theodore V. Testa Councilman, Ronal L. Rocco Councilman, John C. Proud Town Clerk, Karen Q. Snyder Councilman, Edwin O'Donnell Others present were: Town Attorney, John Folmer; Planning Board Member, Nick Renzi; Representative of C.A.P.E.: Grace Meddaugh; Sharon Stevens from Channel 2, Access TV; and News Reporter, Evan Geibel from the Cortland Standard. Supervisor Tupper called the meeting to order. He reminded the Board that the May 2, 2007 Town Board Meeting would be held at the Community Building in the Village of McGraw at 7:00 p.m. Councilman Proud made a motion, seconded by Councilman Rocco, to receive and file the Planning Board Minutes of November 28, 2006, December 19, 2006, and January 23, 2007. All voting aye, the motion was carried. Councilman Proud made a motion, seconded by Councilman Rocco, to receive and file the Zoning Board of Appeals Minutes of November 28, 2006, December 19, 2006, and January 23, 2007. All voting aye, the motion was carried. The Draft Town Board Minutes of March 6, 2007 were presented to the Board for their IMIA INTO RESOLUTION #81 AUTHORIZE PAYMENT OF VOUCHERS — APRIL Motion by Councilman Proud Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, the vouchers submitted have been audited and shall be paid as follows: General Fund A Vouchers #214 - 243 $ 76,985.68 General Fund B B22 - B23 $ 1,370.15 Highway Fund DB DI 19 - D 138 $ 22,952.44 Water Fund W60 - W75 $ 11,582.87 Sewer Fund S23 - S30 $ 3,693.79 Trust & Agency T7 - T8 $ 32,365.95 Capital Projects H28 - H29 $ 64,894.50 Special Grant SG20 - SG21 $ 957.75 Supervisor Tupper offered privilege of the floor to those in attendance. Councilman Rocco recognized Town Clerk Snyder for all of her hardwork and decision - making during the expansion and renovation of the Raymond G. Thorpe Municipal Building. The project had been very time-consuming and required a lot of her attention, above and beyond her duties as Town Clerk. Town Clerk Snyder thanked Councilman Rocco and stated it was her pleasure to be active in the project. The monthly report of the Water & Sewer Department for the month of March 2007 was on the table for review and is filed in the Town Clerk's office. APRIL 18, 2007 TOWN BOARD MEETING PAGE 2 LUTION 982 ACCEPT ANNUAL REPORT OF THE SUPERVISOR Motion by Councilman Rocco Seconded by Councilman Proud VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Annual Report of the Supervisor for the year 2006 is hereby accepted and shall be received and filed. Under communications, Town Clerk Snyder apprised the Board she received a letter from the J.M. Murray Center thanking Deputy Town Clerk, Kristin Rocco-Petrella for assisting the center with obtaining handicap parking permits for their agency automobiles. Under old business, Supervisor Tupper discussed the water main breaks that occurred on NYS Route 215 and the need to repair the water line, which is the oldest line in the Town. Town Engineer, Hayne Smith, did not have the manpower to replace the water line. However, he suggested the Town hire a company that installs water lines by boring. The company would cut into the hill and bore a line 400 ft. downhill, 400 ft. uphill, and then feed the pipe through. The Town Water & Sewer Department would have to disconnect the water lines and tie into the new lines. Supervisor Tupper explained that 800 ft. of the upper water line would be replaced, which is where all the breaks have been occurring. The lower part of the water pipe would have to be replaced in the future. Supervisor Tupper explained that the Town did not have to go out to bid for the project because it was an emergency repair. The Board could authorize the repairs. According to the Mr. Smith's estimate, it would cost approximately $45,000 to replace the 800 ft. section of the water main. Mr. Smith would make the arrangements to hire a directional drilling contractor and organize all outside services. Supervisor Tupper informed the Board that he discussed the issue with Water & Sewer Sup't. Alteri, and questioned whether the Water & Sewer Department could replace the water line themselves. Although it would be possible, it would not be the best solution. Councilman Rocco commented that it would be a liability if the Town did not replace the line. He questioned what type of pipe would be used. Supervisor Tupper stated the pipe would be PVC, which is acceptable for water. He explained that the 800 ft. of water line to be replaced serviced both of the houses affected by water damage. Councilman Proud agreed with Councilman Rocco and felt that the PVC pipe would work well. RESOLUTION #83 AUTHORIZE TOWN ENGINEER TO PROCEED WITH EMERGENCY REPAIR OF THE NYS ROUTE 215 WATER MAIN SYSTEM Motion by Councilman Proud Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board hereby authorizes and directs the Town Engineer to proceed with the emergency repair of the NYS Route 215 water main system by replacing 800 ft. of the water main, in an amount not to exceed $45,000.00. Town Clerk Snyder apprised the Board she was in receipt of a Notice of Petition in the matter of Citizens for Aquifer Protection and Employment vs. Town of Cortlandville, Cortlandville Town Board, and Wal-Mart Stores East, L.P. Councilman Rocco commented that the lawsuit was frivolous and would only cost the citizens of Cortlandville money. He continued to comment on the topic, mentioning that the Town has been very cooperative and cordial with C.A.P.E. 1 103 APRIL 18, 2007 TOWN BOARD MEETING PAGE 3 RESOLUTION #84 ACKNOWLEDGE RECEIVING NOTICE OF PETITION IN THE MATTER OF CITIZENS FOR AQUIFER PROTECTION AND EMPLOYMENT VS. TOWN OF CORTLANDVILLE, CORTLANDVILLE TOWN BOARD, AND WAL-MART STORES EAST, L.P. Motion by Councilman Proud 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 in the matter of Citizens for Aquifer Protection & Employment vs. Town of Cortlandville, Cortlandville Town Board, and Wal-Mart Stores East, L.P. Town Clerk Snyder informed the Board that all five Planning Board Members attended training workshops on March 15, 2007. The training was held by the NYS Dept. of State and sponsored by the Cortland County Planning Department. Mr. Renzi completed an additional training course through the Onondaga County Planning Federation on January 30, 2007. The certifications are filed in the Town Clerk's Office. Councilman Proud questioned what the topics were covered in the courses. Town Clerk Snyder apprised the Board the course topics included: SEQR Mini Course (1 hr. course); SEQRA (1 hr. course); Planning Board Overview (2 hr. course); Records, Findings & Decisions (1 hr. course); and Community Design Tools (1 hr. course). The additional courses Mr. Renzi attended included the following 1 1/2 hour courses: Planning Board Short Course; SEQR — Introduction to the State Environmental Quality Review Act; SEQR II: Common Myths and Misunderstanding About SEQR; Environmental Considerations of Rural Subdivisions. Town Clerk Snyder apprised the Board she was working on completing Town Board Minutes. She explained that Deputy Town Clerk, Kristin Rocco-Petrella prepares the Draft Town Board Minutes, which must be finalized by herself before being presented to the Board. Town Clerk Snyder is the author of the minutes, which become part of the Town's history. She presented the Board with the Draft Minutes of March 6, 2007, and two Final Town Board Minutes — January 3, 2007 and February 7, 2007. Attorney Folmer reported: Easements/Right-of-way: Attorney Folmer recalled conversations the Board had regarding right-of-ways and easements along Commons Avenue to extend water lines to the top of the hill. A survey of the land was accomplished. Attorney Folmer and Highway Sup't. Bush would review the survey and determine what easements would be necessary to obtain. Lien Release: Attorney Folmer apprised the Board the Public Improvement Lien filed against the Town for the construction/renovation of the Raymond G. Thorpe Municipal Building would be resolved soon. Attorney Folmer expected the Town to receive a Release of the Public Improvement Lien. Supervisor Tupper informed Attorney Folmer he was in receipt of the Release, which would be received and filed later in the meeting. Acquisition of Land: Attorney Folmer reported that the quest to acquire a portion of land from John Murdock was in the hands of Mr. Murdock's attorney. 101 APRIL 18, 2007 TOWN BOARD MEETING PAGE 4 Town Property Acquired by the State of New York: Attorney Folmer apprised the Board that Supervisor Tupper received correspondence from the State of New York regarding purchasing 6,932 sq. ft. of property from the Town for the relocation of Route 281 and McLean Road, which is part of the Route 13/Route 281 Corridor Project. The State planned to widen McLean Road in order to align the roadway with NYS Route 281. The State would pay the Town a total $13,200.00: $8,200.00 for the property, and $5,000.00 to replace the existing fence. Supervisor Tupper informed the Board he discussed the sale price with Town Assessor, David Briggs, who agreed the offer was appropriate. Supervisor Tupper anticipated the Town would receive an offer from the State to purchase land on NYS Route 281, in front of Citizens Park and the former Cortlandville Fire Station for the corridor project. RESOLUTION #85 AUTHORIZE SUPERVISOR TO EXECUTE CONTRACT FOR THE CONVEYANCE OF 6,932 SQ. FT. OF TOWN PROPERTY TO THE STATE OF NEW YORK FOR THE NYS ROUTE 281/ROUTE 13 PROJECT 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 execute a contract with the State of New York for the conveyance of 6,932 sq. ft. of Town property, located on McLean Road/Terrace Road, a portion of tax map #96.09-02-03.000, for the purpose of expanding McLean Road as part of the NYS Route 281/Route 13 Corridor Project, and it is further RESOLVED, the Town Board hereby accepts payment of $13,200.00 from the State for the conveyance of a portion of Town property. Attorney Folmer requested the Board convene to an Executive Session at the end of the Regular Meeting to discuss pending litigation. He also reminded the Board he would be out of the country from April 27, 2007 to May 15, 2007. Councilman Proud made a motion, seconded by Councilman Testa, to receive and file a copy of the Application of Site Plan Approval for the proposed Wal-Mart Supercenter, and correspondence from Wal-Mart Stores East, LP. to Katherine Wickwire, Chairperson of the Town Planning Board, dated March 26, 2007, confirming that APD Engineering and/or Harter Secrest & Emery LLP have consent and permission to submit and process all necessary applications to the Town. All voting aye the motion was carried. Councilman Rocco apprised the Board he contacted the Attorney General's Office after talking with the attorney for the Association of Towns, Laura Ethlinger, the Assistant Solicitor of Ethics, and Kathy DeMarco, concerning the Tuxedo Doctrine and ethics. The Tuxedo Doctrine deals with the impropriety of board members (planning, zoning, town) and officers acting for the public and acting as a private citizen. Councilman Rocco was told that a board member or officer must decide whether or not to participate as a private citizen or as a public officer who participates in decision -making. If a public officer has an interest in a matter as a private citizen the officer must recuse himself/herself from participating in the review, discussion and decision - making of the issue. Even the appearance of impropriety is an issue. Councilman Rocco stated he was waiting for the Attorney General's Office to forward opinions on the issue regarding conflict of interest. There is also a code of ethics that prohibit an officer from speaking as a private citizen on an issue and then voting on the issue. Councilman Rocco acknowledged that the Association of Towns and the Attorney General's Office were both very helpful. 1 it 105 APRIL 18, 2007 TOWN BOARD MEETING PAGE 5 Councilman Proud made a motion, seconded by Councilman Testa, to receive and file correspondence from Scott Smith, P.E., Senior Engineer, and James Trasher, P.E., Senior Associate, from Clough Harbour & Associates, LP., dated March 2, 2007, regarding Alternative Site Plan Layouts for the proposed Wal-Mart Supercenter. All voting aye, the motion was carried. There was discussion regarding the Alternative Site Plan Layouts for the Proposed Wal- Mart Supercenter, submitted by Clough Harbour & Associates. Councilman Proud revisited the issue regarding the relocation of Bennie Road. The NYS DOT indicated that the proposed relocation of Bennie Road as part of the Wal-Mart Supercenter PUD would be an opportunity for the Town to relocate the Bennie Road/NYS Route 13 intersection without placing a significant financial burden on the Town. Attorney Folmer read a portion of a letter dated October 6, 2006 from the NYS DOT regarding the closure of the intersection of Bennie Road and NYS Route 13. Attorney Folmer attended a meeting at Clough Harbour & Associates in which representatives of the NYS DOT were present. Whether or not the Wal-Mart Supercenter project occurred, the NYS DOT intended to close the Bennie Road/NYS Route 13 intersection based on the close proximity of South Cortland -Virgil Road. Councilman Rocco apprised the Board there is a new administrator of Walden Place, who plans to have a representative present at future Planning Board meetings. The new administrator voiced his concern to Councilman Rocco regarding closing the Bennie Road/NYS Route 13 intersection and access to Walden Place — specifically access for emergency vehicles. Councilman Rocco questioned who would incur the cost of the relocation of Bennie Road. Supervisor Tupper explained that if the road runs through the Wal-Mart Supercenter PUD, Wal-Mart would incur the cost. When Bennie road is closed the Town would have to purchase land to connect Bennie Road to South Cortland -Virgil Road, which he and Highway Sup't. Bush discussed. The estimated cost of purchasing land and connecting the two roadways was not determined. Supervisor Tupper acknowledged that Walden Place had an interest in the relocation of Bennie Road. There was a brief discussion regarding the change order request for Phase II of the Cortlandville Starr Road Park & Recreation Center. The change order would authorize Procon Contracting to complete additional grading and stabilization for an additional athletic field that was originally planned for Phase III of the project. The Board thanked Councilman Testa for his hard work and dedication to the Cortlandville Starr Road Park & Recreation Center. RESOLUTION #86 AUTHORIZE CHANGE ORDER NO. 1 FROM PROCON CONTRACTING FOR PHASE II OF THE CORTLANDVILLE STARR ROAD PARK & RECREATION CENTER Motion by Councilman Testa Seconded by Councilman Proud VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to execute change order No. 1 from Procon Contracting (submitted by Clough Harbour & Associates LLP.) in the amount of $212,500.00 for Phase II of the Cortlandville Starr Road Park & Recreation Center. RESOLUTION #87 AUTHORIZE THE CORTLAND CITY SCHOOL DISTRICT USE OF THE VOTING MACHINE AND COMMON CORRIDOR TO CONDUCT THEIR ANNUAL SCHOOL BOARD ELECTION ON MAY 15 2007 Motion by Councilman Rocco Seconded by Councilman Testa VOTES: ALL AYE ADOPTED 106 APRIL 18, 2007 TOWN BOARD MEETING PAGE 6 BE IT RESOLVED, the Town Board does hereby authorize the Cortland City School District use of the town voting machine and the common corridor in the Raymond G. Thorpe Municipal Building, to conduct their annual School Board Elections on May 15, 2007. Councilman Proud made a motion, seconded by Councilman Rocco, to receive and file correspondence from Diana Graser, P.E., New York State Department of Transportation, dated April 9, 2007, regarding the Town's request for a lower speed limit on McLean Road, between Deerfield Heights and the Cortland/Tompkins county line. All voting aye, the motion was carried. Town Clerk Snyder apprised the Board she submitted approximately 50 pages of documentation dating back to the 1960s along with the application to the NYS DOT for lowering the speed limit on McLean Road. Supervisor Tupper noted that the NYS DOT would ask for the Town's input prior to making a decision regarding the request. There was a brief discussion regarding walking trails and providing parking for those who use the trails. Supervisor Tupper apprised the Board that he and Councilman Proud met with the County sub -committee that is trying to implement a linear walking trail. The County requested the Town allow the public to park at the Lime Hollow Road pump house site. Supervisor Tupper would keep the Board updated on the topic. Councilman Proud made a motion, seconded by Councilman Testa, to receive and file correspondence from Diana Graser, P.E., New York State Department of Transportation, dated April 10, 2007, regarding the Town's request to lower the speed limit on several residential roads between McLean Road and Route 222: Lyncort Drive, Westvale Drive, Hedgemoor Drive, Cedar Crest Drive, Hatcher's Run, Katie Lane, Lyle's Crossing, Worthington Place, Sterling Park. All voting aye, the motion was carried. Councilman Proud made a motion, seconded by Councilman Testa, to receive and file correspondence from Diana Graser, P.E., New York State Department of Transportation, dated April 13, 2007, notifying the Town that that the request to lower the speed limit to 30 mph for the following residential roads was appropriate and therefore approved: Lyncort Drive, Westvale Drive, Hedgemoor Drive, Cedar Crest Drive, Hatcher's Run, Katie Lane, Lyle's Crossing, Worthington Place, Sterling Park. All voting aye, the motion was carried. RESOLUTION # 88 AUTHORIZE HIGHWAY SUP'T. TO PURCHASE TWO PICKUP TRUCKS AND ONE 4X4 COMPACT TRACTOR FROM THE NEW YORK STATE BID Motion by Councilman O'Donnell Seconded by Councilman Proud VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby authorize and direct Highway Sup't Carl Bush to purchase two pickup trucks, in an amount not to exceed $30,000.00 each, and a 4x4 compact tractor, in an amount not to exceed $20,000.00, from the New York State Bid list, and it is further RESOLVED, the new equipment will replace a 1988 Dodge 1-ton, a 1994 Chevy 1-ton, and a 1998 John Deere Mower Tractor, that will go to public auction. There was discussion regarding appointing a new Code Enforcement Officer for the Town of Cortlandville. Town CEO, Bruce Weber would be retiring in July of 2007. Supervisor Tupper explained that the Town accepted resumes for the position for the past four months. Fifty-three resumes were received and reviewed by Supervisor Tupper and Deputy Supervisor /Councilman Testa. Out of the seven applicants that were interviewed for the part-time position, a candidate was selected. 107 APRIL 18, 2007 TOWN BOARD MEETING PAGE 7 Supervisor Tupper apprised those in attendance that CEO Bruce Weber requested the Board hire him part-time to handle Planning and Zoning. Until CEO Weber retires, he would train the new Code Enforcement Officer. Supervisor Tupper introduced Tom Williams as the new Code Enforcement Officer and highlighted some of his accomplishments, which included: Clerk of the Works for the Grace Christian Fellowship on Fisher Avenue; retired New York State Trooper; County Legislator representing the Town of Homer. Councilman Proud questioned the date of CEO Weber's retirement. Supervisor Tupper explained .that CEO Weber planned to submit his resignation at tonight's meeting. However, when Town Clerk Snyder learned that a resignation letter planned to be submitted, she informed Supervisor Tupper that CEO Weber would have thirty days left of employment regardless of his intent to retire in July. Town Clerk Snyder apprised the Board that officially, all public officials and Town employees must submit their letter of resignation to the Town Clerk. The Town Clerk is the only individual who resigns to the Town Supervisor. Councilman Rocco complimented CEO Weber for his years of hard work and dedication to the Town. He commented that CEO Weber was "tough on the builders" which benefited the property owners. Supervisor Tupper explained that with help from the County Civil Service Department, two new job titles would be created for the two part-time positions that would be created. He also stated that money was allocated in the 2007 budget for both positions. Attorney Folmer suggested the Board table the appointment of a new Code Enforcement Officer until after conducting the Executive Session. RESOLUTION 489 ACKNOWLEDGE RECEIVING "RELEASE OF PUBLIC IMPROVEMENT LIEN" FILED BY INFRA -METALS C( Motion by Councilman Rocco Seconded by Councilman Proud VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby acknowledge, by receiving and filing, the "Release of Public Improvement Lien" filed by Infra -Metals Co. regarding the construction/renovation of the Raymond G. Thorpe Municipal Building. Attorney Folmer apprised the Board he would make sure that the Infra -Metal Co. lien was filed in the County Clerk's Office. There was discussion regarding the public comment period during Town Board Meetings. Supervisor Tupper informed those in attendance that no public comments would be heard after privilege of the floor concluded. Planning Board Member, Nick Renzi did not agree that public comments should be limited to the privilege of the floor section on the agenda. Supervisor Tupper stated the Board was trying to be more professional with the agendas and more organized in their meetings. He noted that most organizations do not allow privilege of the floor. Councilman Proud commented that the meeting by State law is a meeting of the Town Board, which is different than a Public Meeting. He suggested the Board allow Mr. Renzi to speak for five minutes tonight and to enforce the rule in the future. Councilman Rocco disagreed with giving Mr. Renzi privilege of the floor. Supervisor Tupper allowed Mr. Renzi to have privilege of the floor. Mr. Renzi commented on the submission of Town Board Minutes. He apprised the Board he spoke with Town Clerk Snyder on the matter as well as with Bob Freeman with the State of New York. According to Mr. Freeman, as long as the Draft Town Board Minutes are available the Town is in compliance. Mr. Renzi questioned whether the speed limit in the Renaissance Development was in fact 55 mph and if so, questioned whether the Town should petition the NYS DOT for a reduced speed limit in all residential neighborhoods. He also questioned whether the NYS DOT would give the Town discretion regarding speed limits in neighborhoods. 108 APRIL 18, 2007 TOWN BOARD MEETING PAGE 8 Supervisor Tupper explained that the NYS DOT would not allow the Town to set speed limits. After a request is made, the Town can petition the NYS DOT to reduce speed limits. Town Clerk Snyder explained that a petition or letter requesting the reduction in speed limit must be received and filed by the Town Board. Once received and filed, the Town Clerk completes an application and forwards the appropriate documentation to the County Highway Department who forwards the request to the NYS DOT. Town Clerk Snyder explained that if the process is not followed, unfortunately no action is taken. Mr. Renzi apprised the Board he presented his recommendation for what an agenda should be for site plan review at the last Planning Board Meeting. He explained his recommendation to the Board. Mr. Renzi informed the Board that dates had been scheduled for review of the Wal-Mart Supercenter site plan application, which was proceeding without delays. Mr. Renzi requested privilege of the floor for the next Town Board meeting. Town Clerk Snyder advised Mr. Renzi to contact the Supervisor `s Secretary who prepares the agendas. No further comments or discussion were heard. Councilman Rocco made a motion, seconded by Councilman Proud, to recess the Regular Meeting to an Executive Session to discuss pending litigation and a personnel matter. All voting aye, the motion was carried. The meeting was recessed at 6:15 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 #90 APPOINT THOMAS A. WILLIAMS AS PART-TIME CODE ENFORCEMENT OFFICER FOR THE TOWN OF CORTLANDVILLE Motion by Councilman Proud Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED WHEREAS, a part-time position for a Code Enforcement Officer shall be vacant upon the retirement of the Town's Zoning and Code Enforcement Officer, Bruce Weber, and WHEREAS, interviews were conducted by the Supervisor and Deputy Supervisor of the Town, therefore BE IT RESOLVED, that Thomas A. Williams, of 2 Bedford Street, Homer, New York, is hereby appointed for the part-time position of Code Enforcement Officer for the Town of Cortlandville effective May 1, 2007, at an annual salary of $42,000.00. No further comments or discussion were heard. Councilman Testa made a motion, seconded by Councilman Proud, to adjourn the Regular Meeting. All voting aye, the motion was carried. The meeting was adjourned at 6:45 p.m. Respectfully submitted, Karen Q. Snyder, RMC Town Clerk Town of Cortlandville *Note: The draft version of this meeting was submitted to the Town Board for their review on June 6, 2007.