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HomeMy WebLinkAbout05-02-2007MAY 02, 2007 7:00 P.M. 109 1 11 1 TOWN BOARD MEETING The Regular Meeting of the Town Board of the Town of Cortlandville was held at the McGraw Community Building in the Village of McGraw, 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; Planning Board Member, Nick Renzi; Village of McGraw Mayor, Bob Freeman; Dave Nourse from the Village of McGraw Youth Center; John Carroll; Representatives of C.A.P.E.: Robert Rhodes and Grace Meddaugh; News Reporter, Evan Geibel from the Cortland Standard; and Sharon Stevens for Channel 2, Access TV. Supervisor Tupper called the meeting to order. Councilman Rocco made a motion, seconded by Councilman O'Donnell, to approve as written the Town Board Minutes of January 3, 2007; January 17, 2007; February 7, 2007; February 21, 2007; March 21, 2007; the Wal-Mart Supercenter PUD Public Hearing Minutes of February 7, 2007; and the Revised Zoning Ordinance Public Hearing Minutes of February 8, 2007. All voting aye, the motion was carried. The Draft Town Board Minutes of March 21, 2007 were provided to the Board for their review. RESOLUTION #91 AUTHORIZE PAYMENT OF VOUCHERS — MAY Motion by Councilman O'Donnell 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 9244 - 272 $ 22,052.79 General Fund B B24 - B30 $ 31,581.06 Highway Fund DB D139 - D152 $ 26,963.07 Water Fund W76 - W81 $ 2,098.35 Sewer Fund S31 - S38 $ 96,143.79 Trust & Agency T9 - T9 $ Capital Projects H30 - H32 $ 3,374.97 Special Grant SG22 - SG22 $ 12,450.00 Monthly reports of the Town Clerk, Tax Collector, and the Water & Sewer Department for the month of April 2007, and for the Town Justice for the month of March 2007, were on the table for review and are filed in the Town Clerk's office. Supervisor Tupper offered privilege of the floor to Dave Nourse. Dave Nourse, representing the Village of McGraw Youth Center, informed those in attendance that a fundraiser would be held on June 16, 2007 at the McGraw Park to raise donations for the new Youth Center. The Youth Center would be open temporarily three days a week from 5-9 p.m. to see if such a facility was warranted in the Village. Supervisor Tupper offered privilege of the floor to Robert Rhodes. Robert Rhodes, representing C.A.P.E., made comments to the Board regarding statements made by Councilman Rocco regarding the Wal-Mart Supercenter PUD application, C.A.P.E., and the pending lawsuit filed against the Town and Wal-Mart. .110 MAY 02, 2007 TOWN BOARD MEETING PAGE 2 Supervisor Tupper offered privilege of the floor to Nick Renzi. Planning Board Member, Nick Renzi commented that on March 5, 2007 he wrote a letter to the Supervisor regarding Stormwater Management and the new requirements for construction inspection and maintenance and repair of stormwater facilities. Mr. Renzi questioned what action the Board was taking to address the new requirements. Supervisor Tupper informed Mr. Renzi he discussed the issue with the Cortland County Soil & Water Conservation District (SWCD) as well as with CEO Bruce Weber. CEO Weber understood he would be responsible for reviewing the stormwater management systems. Supervisor Tupper explained the Town would review properties that have stormwater management systems in place, and create a chart of all systems that need to be reviewed. Supervisor Tupper thought that Tops supermarket, on NYS Route 281, was the first facility that has a stormwater management system. The SWCD was currently doing the follow-ups on the stormwater management systems, however CEO Weber was aware of his responsibility. The second item Mr. Renzi discussed was upgrading the PUD section of the Town Code, which he mentioned at the March 21, 2007 Town Board Meeting. Supervisor Tupper apprised Mr. Renzi that Town Attorney Folmer had the proposed draft ordinance in his possession. However, because of factors such as the Wal-Mart PUD application, and the proposed Zoning Ordinance, the update of the PUD section of the Town Code "was put on the backburner." Supervisor Tupper thought the proposal would be brought before the Board for their review in the near future. Mr. Renzi suggested the Board list all of the pending items on the Town Board meeting agenda, under "Old Business" so that items were not forgotten. Supervisor Tupper stated he had a list of pending items, even though they were not listed on the agendas. Mr. Renzi suggested the Board make a "blanket change" regarding the speed limits for residential streets that are not controversial (McLean Road). He suggested the Town submit a map to the NYS DOT with the residential streets highlighted and ask that all residential streets have a posted speed limit of 30 mph. The Board discussed the issue and the process for requesting a reduction in speed limit. Mr. Renzi questioned whether there were job descriptions for the Code Enforcement Officer and the Zoning Officer, and if copies were available for him. Supervisor Tupper suggested he contact his secretary in the morning. Mr. Renzi commented that with CEO Weber's new position as Zoning Officer, commencing in July, he expected there would be "some proactive suggestions relative to improvements in our Code." Mr. Renzi stated he personally initiated all of the changes that have taken place in the Code. Mr. Renzi requested an explanation for how the Board made their decision to hire the new Code Enforcement Officer, and questioned why Doug Staley was not offered the job. Supervisor Tupper stated he would not discuss who applied for the position. He stated it was not a secret that the Town was hiring a new CEO. Councilman Testa personally contacted the CEO's in surrounding towns and questioned whether they would be interested in the job. Nobody was interested in moving from a small town to the Town of Cortlandville. Mr. Renzi commented that Doug Staley was interested in the job. Councilman Proud stated it was common practice that when a government agency sends out a request for resumes, the agency does not release any of the information because it is considered confidential. He questioned Mr. Renzi if Doug Staley told him that he submitted an application. Mr. Renzi stated he called Mr. Staley and asked if he was interested in the job. Councilman Proud questioned why Mr. Renzi called Mr. Staley. Mr. Renzi would not comment. Councilman Rocco stated that the Town,Board made the decision, and that the right person was hired for the position. On a final note, Mr. Renzi discussed the Tuxedo Law. He stated that the law does not have anything to do "with somebody making a first amendment right statement." Councilman Testa commented on the Town hiring Tom Williams as the new Code Enforcement Officer. He explained that out of 50+ applicants there were 6 or 7 considered for the position. At the last minute, a few of the applicants withdrew themselves from consideration. 1 LIL MAY 02, 2007 TOWN BOARD MEETING PAGE 3 Councilman Testa felt the salary may have had something to do with the applications being withdrawn, as the salary was not posted with the job listing. The Town advertised the available position all over the state, and even advertised at a conference held in Saratoga, New York. CEO Weber made suggestions and gave the Board names of people to contact; none of whom were interested. Councilman O'Donnell stated that Tom Williams would work out well as the Town's new CEO, and that he was the right person for Cortlandville. Supervisor Tupper agreed that the right candidate was hired. Councilman Rocco requested privilege of the floor. It was his opinion that Mr. Renzi was "against Wal-Mart from the beginning" and questioned his affiliation with C.A.P.E. He stated that members of the Town Board, Zoning Board, and Planning Board should build a wall between themselves and those that are on the other side of the issue, which he did not feel Mr. Renzi had done. Councilman Rocco acknowledged that Mr. Renzi was well educated, and noted that he was a retired engineer and the former President of Pall Trinity. However, he stated it troubled him when Mr. Renzi put himself in front of the engineers from Clough Harbour & Associates. Councilman Rocco suggested that Mr. Renzi recuse himself from the rest of the proceedings. He did not believe it was ethically correct for Mr. Renzi to speak both as a private citizen and a as a member of the Planning Board. Councilman Rocco questioned whether Mr. Renzi contributed any money to C.A.P.E., if he was a member of C.A.P.E., and questioned whether he felt he should recuse himself. Mr. Renzi clarified that he was not the President of Pall Trinity Corporation, but was the the President of Pall Trinity Micro, and had responsibilities to the plant in Cortlandville and three plants in Puerto Rico. He stated he did not spend his life as an administrator, but spent most of it as an engineer. Mr. Renzi stated his relationship with C.A.P.E. was the same relationship he had with anybody. He would not comment on whether he contributed to C.A.P.E. or not. Mr. Renzi mentioned that the Wal-Mart Site Plan Review was conducted at the last Planning Board meeting and questioned a member of the audience, John Carroll, what his impression of the last Planning Board meeting was. Mr. Carroll stated there was no animosity. He felt that everyone behaved professionally. Supervisor Tupper did not feel that Mr. Renzi answered the question that Councilman Rocco asked. Supervisor Tupper stated, "what's going on with the Planning Board doesn't deal with this Board." Mr. Renzi stated his responsibility as a member of the Planning Board "was to carry out the directives of the findings statement and the Town Board resolution." Councilman O'Donnell introduced Village of McGraw Mayor, Bob Freeman. He gave a background of Mr. Freeman and of his accomplishments. He wished Mayor Freeman the best on his new endeavor. RESOLUTION #92 ACCEPT ANNUAL REPORT OF TOWN RMO AND SCHEDULE OF DISPOSED RECORDS IN 2006 IN ACCORDANCE WITH THE RETENTION AND DISPOSITION SCHEDULE Motion by Councilman Proud Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby accept the Annual Report of the Records Management Officer of the Town, including a list of the disposed records in 2006, in accordance with the Records Retention Disposition Schedule, MU-1. Supervisor Tupper apprised the Board he was advised by the Cortland County Civil Service Department that the Town had to create the position "Seasonal Aide" for seasonal (summer) employees who traditionally work with the Town Highway Department. The Civil Service Department provided a job description for the position, which the County Highway Department uses. The only change in the Town's job description for the position was that candidates must be at least 16 years old and have appropriate working papers to be eligible for employment. The County hires candidates who are at least 18 years old. Supervisor Tupper requested the Board authorize 10 Seasonal Aide positions. MAY 02, 2007 TOWN BOARD MEETING PAGE 4 RESOLUTION 493 AUTHORIZE SUPERVISOR TO CREATE THE TITLE "SEASONAL AIDE" FOR TEN TOWN OF CORTLANDVILLE HIGHWAY DEPARTMENT SEASONAL EMPLOYEES Motion by Councilman Proud Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to create the title "Seasonal Aide" for ten seasonal employees for the Town of Cortlandville Highway Department. RESOLUTION #94 AUTHORIZE AND DIRECT SUPERVISOR TO EXECUTE CONTRACT WITH CIASCHI, DIETERSHAGEN, LITTLE, MICKELSON & CO., CERTIFIED PUBLIC ACCOUNTANTS, TO CONDUCT AN AUDIT OF THE TOWN OF CORTLANDVILLE FOR THE YEAR 2006 Motion by Councilman Testa Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to execute the contract with Ciaschi, Dietershagen, Little, Mickelson & Co., Certified Public Accountants, to conduct an audit of the Town of Cortlandville for the year 2006, and it is further RESOLVED, the cost of the audit shall not exceed $9,500.00. Councilman O'Donnell made a motion, seconded by Councilman Rocco, to receive and file correspondence from Mackenzie Hughes, LLP., representing WSL Walden Investors IV, LLC., dated April 23, 2007, regarding the concerns of Walden Place assisted living facility and the proposed Wal-Mart Supercenter. All voting aye, the motion was carried. Councilman Rocco mentioned there was a "Letter to the Editor" in the Cortland Standard stating that Walden Place was not against Wal-Mart, but wanted to make sure that their facility was safe for the residents and that their interests were protected. There was discussion regarding the request of Leon Greenwood to reduce and refund the sewer benefit tax for property located on NYS Route 41. The Board authorized and directed the Town Assessor to reduce the Sewer Benefit tax unit charge to 1 unit for parcel 987.00-01-34.112 and #87.00-01-40.000, owned by Leon and Marleen Greenwood, commencing with the 2008 Town and County tax bills. Mr. Greenwood was content that the Board authorized the reduction of the Sewer Benefit tax unit charge, but requested that the reduction commence with the 2007 tax bill for parcel #87.00-01-40.000. He also requested a refund for the additional Sewer Benefit tax unit charges for the 2007 tax bill. While Town Clerk Snyder was not aware if Mr. Greenwood's tax bill was paid, she informed the Board that in the event that a refund is approved, the money is not refunded until the Town and County tax bill is paid. After discussion, the Board agreed to authorize the reduction of the Sewer Benefit tax for the 2007 tax year and to issue a refund. RESOLUTION #95 AUTHORIZE REDUCTION OF THE SEWER BENEFIT TAX FOR PROPERTY OWNED BY LEON AND MARLEEN GREENWOOD AND ISSUE A REFUND Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE ADOPTED 1 1 113 MAY 02, 2007 TOWN BOARD MEETING PAGE 5 WHEREAS, a request was received from Attorney Russell Ruthig on behalf of his client, Leon Greenwood, requesting the reduction of the Sewer Benefit tax unit charge from 6.2 units to 1.0 unit for vacant property located off NYS Route 41, and WHEREAS, per Resolution #63 of 2007 adopted, March 21, 2007, the Town Board authorized and directed the Town Assessor to reduce the Sewer Benefit tax unit charge to 1 unit for parcel #87.00-01-34.112 and #87.00-01-40.000, owned by Leon and Marleen Greenwood, commencing with the 2008 Town and County tax bill, and WHEREAS, while Mr. Greenwood agreed that the property should have a 1.0 unit Sewer Benefit tax, he did not agree with the Town's refusal to reduce the Sewer Benefit tax unit charge for parcel #87.00-01-40.000 commencing with the 2007 tax year, and did not agree with the refusal to issue a refund, therefore BE IT RESOLVED, after discussion, the Town Board hereby authorizes the reduction of the Sewer Benefit tax unit charge to 1.0 unit for parcel #87.00-01-40.000, owned by Leon and Marleen Greenwood, commencing with the 2007 Town and County tax bill, and it is further RESOLVED, a refund in the amount of $495.34 shall be issued when the 2007 Town and County tax bill is paid, and it is further RESOLVED, correspondence regarding the request from Attorney Russell E. Ruthig, dated April 23, 2007, is hereby received and filed. RESOLUTION #96 AUTHORIZE SUPERVISOR TO TRANSFER FUNDS FROM THE FUND BALANCE TO ESTABLISHED RESERVE ACCOUNTS Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE ADOPTED WHEREAS, the Bookkeeper requested funds be transferred from the fund balance to established reserve accounts, therefore BE IT RESOLVED, the Supervisor is hereby authorized and directed to transfer $3,000.00 from GFA Fund Balance to Unemployment Reserve Fund; $15,000.00 from Water Fund Balance to Water Improvement Capital Reserve Fund; and $15,000.00 from Sewer Fund Balance to Sewer Improvement Capital Reserve Fund. RESOLUTION #97 AMEND 2007 BUDGET AND AUTHORIZE SUPERVISOR TO INCREASE EXPENSE ACCOUNT Al 110.4 IN THE AMOUNT OF $16.195.00 Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Supervisor is hereby authorized and directed to increase expense account All 10.4 in the amount of $16,195.00 to appropriate for Justice Court Grant monies received in 2006 but not spent until 2007, and it is further RESOLVED, the 2007 Budget is hereby amended. RESOLUTION 498 AMEND 2007 BUDGET AND AUTHORIZE SUPERVISOR TO INCREASE EXPENSE ACCOUNT SW8340.4 IN THE AMOUNT OF $45,000.00 Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE ADOPTED 11H MAY 02, 2007 TOWN BOARD MEETING PAGE 6 RESOLVED, the Supervisor is hereby authorized and directed to increase expense account SW8340.4 in the amount of $45,000.00, to be used for the emergency repair of the NYS Route 215 water main system, and it is further RESOLVED, the 2007 Budget is hereby amended. RESOLUTION #99 AUTHORIZE SUPERVISOR TO TRANSFER FUNDS WITHIN GENERAL FUND A Motion by Councilman Rocco Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED WHEREAS, the Bookkeeper requested $22,273.00 be transferred from budget accounts within General Fund A — Town Wide, therefore BE IT RESOLVED, the Supervisor is hereby authorized and directed to transfer $5,995.00 from Al 110.4 to Al 110.2, and $16,768.00 from Al 410.1 to Al 3 5 5.1, a total amount of $22,273.00. Councilman Rocco made a motion, seconded by Councilman O'Donnell, to receive and file correspondence from Agnes J. Renzi, dated April 26, 2007, and a petition from residents in the Renaissance Development, requesting a posted speed limit of 30 mph on Davinci Drive, Madden Lane and Raphael Drive. RESOLUTION #100 AUTHORIZE REQUEST TO REDUCE SPEED LIMIT ON DAVINCI DRIVE, MADDEN LANE, AND RAPHAEL DRIVE Motion by Councilman Rocco Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED WHEREAS, a petition was received from residents of the Renaissance Development, on April 26, 2007, to reduce the speed limit to 30 mph on Davinci Drive, Madden Lane and Raphael Drive, and WHEREAS, Davinci Drive, Madden Lane and Raphael Drive are all Town roads, therefore BE IT RESOLVED, the Town Board does hereby authorize and direct the request to reduce the speed limit to 30 mph on Davinci Drive, Madden Lane, and Raphael Drive be submitted to the NYS DOT for approval, via the Cortland County Highway Superintendent for their input, as required. There was a brief discussion regarding Resolution No. 149-07 adopted by the County Legislature authorizing Amnesty Week. The County authorized the week of May 14-18, 2007 as Amnesty Week. Municipal vehicles would be exempt from tipping fees for metal objects, tires and tree wastes. Supervisor Tupper requested the Board adopt a resolution authorizing the Town Highway Department to participate. RESOLUTION #101 AUTHORIZE TOWN HIGHWAY DEPARTMENT TO PARTICIPATE IN AMNESTY WEEK, MAY 14, 2007 TO MAY 18, 2007 Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board hereby authorizes and directs the Town Highway Department to participate in Amnesty Week, May 14, 2007 to May 18, 2007, in accordance with Resolution No. 149-07 adopted by the Cortland County Legislature. MAY 02, 2007 TOWN BOARD MEETING PAGE 7 11S 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. *Note: The meeting was adjourned at 8:05 p.m. Respectfully submitted, Karen Q. Snyder, RMC Town Clerk Town of Cortlandville The draft version of this meeting was submitted to the Town Board for their review on June 6, 2007.