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HomeMy WebLinkAbout05-16-2007ilG MAY 16, 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: 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; Planning Board Member, Nick Renzi; John Carroll; Representatives of C.A.P.E.: Robert Rhodes, Catherine Smith, and Andrea Rankin; Bob Martin; and News Reporter, Evan Geibel from the Cortland Standard. Supervisor Tupper called the meeting to order. RESOLUTION #102 AUTHORIZE PAYMENT OF VOUCHERS — MAY 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 #273 - 296 $ 78,668.70 General Fund B B31 - B43 $ 6,690.30 Highway Fund DB D153 - D176 $ 50,595.78 Water Fund W82 - W93 $ 10,551.10 Sewer Fund S39 - S46 $ 10,767.77 Trust & Agency T9 - T10 $ 32,365.95 Capital Projects H33 - H36 $ 62,324.23 Special Grant SG23 - SG26 $ 12,460.59 Supervisor Tupper offered privilege of the floor to Town Justice, Francis Casullo. Justice Casullo apprised the Board that the Court has been getting busier and busier. As a result, the Court Clerks have not been getting their lunch hour on Mondays and often leave after 4:30 p.m. Justice Casullo stated he spoke with the Bookkeeper, Supervisor Tupper, and his Court Clerks. In order to rectify the problem, he proposed that starting Friday, June 4, 2007 one clerk would be allowed to leave at 12:30 p.m. for the day. This would be on a short-term basis, and as long as the clerks continued to miss their lunch hour. Justice Casullo explained that he had preliminary discussions with the District Attorney (DA) and a short discussion with the Public Defender regarding the need to add another court day. He hoped that another court day would be added by the end of the year, which would alleviate many problems. Attorney Folmer questioned whether Justice Casullo would set aside an extra day for non -criminal vehicle and traffic cases. Justice Casullo explained he proposed to the DA that he handle some of the criminal matters on Thursdays that the DA was not seeking incarceration for. Sentencing would be left up to the discretion of the court. The DA would not have to be present. Private attorneys or public defenders would appear with the defendants. This would help clear Monday's criminal calendar. Justice Casullo also suggested that simple arraignments could be handled on a day other than Mondays. Supervisor Tupper explained that because employees do not get paid for their overtime, they are entitled to flex-time/comp time. He stated that as long as the Court Clerks were willing to work through their lunch on Monday in order to get a 1/2 day on Friday, it was to the Town's advantage. The Highway Department is the only department that has overtime budgeted. 11� MAY 16, 2007 TOWN BOARD MEETING PAGE 2 Supervisor Tupper offered privilege of the floor to Robert Rhodes. Robert Rhodes, representing C.A.P.E., asked to read a letter to the Board regarding the events of a past Town Board Meeting. Supervisor Tupper informed Mr. Rhodes that because his comments did not have anything to do with the items on the agenda he would not accept oral comments at this time, as "privilege of the floor is a privilege." He asked that Mr. Rhodes put his comments in writing. Supervisor Tupper offered privilege of the floor to Andrea Rankin. Andrea Rankin informed the Board that a Planning Executive Meeting would be held May 23, 2007. Monthly reports of the Supervisor and Town Justice for the month of April 2007 were on the table for review and are filed in the Town Clerk's office. Under old business, Councilman Proud stated there were some concerns regarding the Town allowing citizens to park at the Lime Hollow Road pump house when utilizing the Lime Hollow Nature Center trail. Town resident, Meghan Connelly voiced her concern to Councilman Proud regarding her concerns because her property is adjacent to the trail and the proposed parking area. Ms. Connelly was also concerned with the safety of the hikers. He planned to meet with Ms. Connelly regarding her concern. Supervisor Tupper felt that the Town could accommodate Ms. Connelly with regard to her concerns. RESOLUTION #103 AUTHORIZE CHANGE ORDER 01-09 FROM DIAMOND & THIEL CONSTRUCTION CO. AND 04-05 FROM KNAPP ELECTRIC, INC. FOR THE EXPANSION/RENOVATION OF THE RAYMOND G. THORPE MUNICIPAL BUILDING Motion by Councilman Proud Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board hereby authorizes and directs the Supervisor to execute change order 01-09 from Diamond & Thiel Construction Co. in the amount of $8,748.00, and change order 04-05 from Knapp Electric, Inc. in the amount of $6,204.00, for the Expansion/Renovation of the Raymond G. Thorpe Municipal Building. Attorney Folmer did not have any business to discuss, however he did compliment Justice Casullo. He apprised the Board that he had the opportunity to speak with other members of the BAR Association. Each and every person commented that "the manner in which Justice Casullo is operating his court in the Town of Cortlandville is exemplary and appreciated by all members of the BAR." He stated that Justice Casullo runs the most efficient and effective Justice Court he has seen in many years. RESOLUTION #104 SCHEDULE PUBLIC HEARING REGARDING AQUIFER PROTECTION PERMIT APPLICATION SUBMITTED BY GERALD V. RUGGIERO FOR PROPERTY LOCATED ON MCLEAN ROAD Motion by Councilman Proud Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED BE IT RESOLVED, a Public Hearing shall be scheduled for June 6, 2007 at 7:00 p.m, regarding the Aquifer Protection Permit application submitted by Gerald V. Ruggiero for property located on McLean Road, tax map #96.09-01-25.100 & 96.09-01-25.200. 118 MAY 16, 2007 TOWN BOARD MEETING PAGE 3 There was discussion regarding the contract between the Town and Germain & Germain LLP. Attorney Folmer explained that the proposal to hire Germain & Germain, LLP. was to represent the interest of the Town regarding the Article 78 proceeding commenced by C.A.P.E. with regard to the Wal-Mart Supercenter PUD application. Attorney Folmer explained why the Town was seeking outside counsel, which was similar to why Wal-Mart was not continuing with representation by Attorney Kelly Pronti and Harter Secrest & Emery, LLP. Attorney Folmer explained it was Wal-Mart's theory that because of Harter Secrest & Emery's deep involvement in the permitting process, they thought there should be an independent look at the process in defense of the action that has been commenced. Attorney Folmer agreed with the theory, and stated it was in the Town's best interest to be represented by someone who has not been involved in the permitting process as he had. Attorney Folmer stated it was appropriate for the Town to hire outside counsel to handle the Article 78 proceeding. He commented that Germain & Germain was a very competent firm and has experience with similar Article 78 proceedings. Attorney Folmer advised the Board that public comment with regard to the progress and the strategy involved in the defense of the action should not be discussed publicly. A court date was scheduled for June 20, 2007 in the Supreme Court in Norwich, New York. RESOLUTION #105 AUTHORIZE SUPERVISOR TO EXECUTE CONTRACT WITH GERMAIN & GERMAIN. LLP. COUNSELORS AT LAW Motion by Councilman Rocco Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board hereby authorizes and directs the Supervisor to execute the contract with Germain & Germain, LLP., Counselors at Law, to provide legal services for the Town with regard to the Article 78 action filed by Citizens for Aquifer Protection and Employment (C.A.P.E.) against the Town of Cortlandville and Wal-Mart Stores East, L.P. RESOLUTION #106 AUTHORIZE APPROVAL REQUEST OF RICHARD PARKER FOR THE BLODGETT MILLS COMMUNITY DEVELOPMENT HOUSING REHABILITATION PROGRAM Motion by Councilman Proud Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby authorize the approval request of Richard Parker for property located at 2293 Blodgett Mills Road in the Town of Cortlandville, for a 100% deferred loan for the Blodgett Mills Community Development Housing Rehabilitation Program, and it is further RESOLVED, the work to be completed would include painting, electric, exterior carpentry, interior carpentry and roofing for a total of $26,500.00, and it is further RESOLVED, Mr. Parker would contribute $8,150.00 of his personal funds towards the project. RESOLUTION #107 AUTHORIZE SUPERVISOR TO EXECUTE EXTRA WORK CONTRACT WITH CLOUGH HARBOUR & ASSOCIATES, LLP FOR PHASE II OF THE CORTLANDVILLE STARR ROAD PARK & RECREATION CENTER PROJECT Motion by Councilman O'Donnell Seconded by Councilman Proud VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board hereby authorizes and directs the Supervisor to execute the extra work contract with Clough Harbour & Associates, LLP for construction administration and observation services for Phase II of the Cortlandville Starr Road Park & Recreation Center project, in an amount not to exceed $11,320.00. 119 MAY 16, 2007 TOWN BOARD MEETING PAGE 4 There was discussion regarding the proposed Revised Zoning Ordinance. Supervisor Tupper explained that at his request the proposed Local Law was forwarded to the urban planning department at Clough Harbour & Associates. The urban planner reviewed the document and made corrections. Supervisor Tupper felt that the revised ordinance was superior to the previous drafts. RESOLUTION #108 RECEIVE AND FILE PROPOSED LOCAL LAW OF 2007 — REVISED ZONING ORDINANCE DATED MAY 2, 2007 AND REFER TO THE TOWN AND COUNTY PLANNING BOARDS FOR REVIEW AND RECOMMENDATIONS Motion by Councilman O'Donnell Seconded by Councilman Proud VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board hereby receives and files the proposed Local Law of 2007 — Revised Zoning Ordinance, dated May 2, 2007, and it is further RESOLVED, the proposed Local Law shall be referred to the Town and County Planning Boards for their review and recommendations. Supervisor Tupper questioned whether there were any further comments or discussion. Councilman Rocco questioned whether Supervisor Tupper had any information regarding the bio-diesel plant proposed for the Polkville area, and questioned what the process was. Supervisor Tupper apprised the Board he had the opportunity to meet with the State Commissioner of Agriculture, Dr. Cross, President of Morrisville College, and Senator Seward who has been very active in bio-fuels. He explained that the company had been negotiating with the entire group, including the IDA/BDC, to finalize the $14 million building project. It was anticipated that there would be $47 million local economic effect, which would include salaries and what would be purchased locally. The Commissioner of Agriculture hoped that some of the County's abandoned agricultural land would be put back into production, as the County is very well suited for growing soybeans. The price per bushel would increase and reduce the high transportation cost of shipping. Supervisor Tupper stated that Polkville would be an ideal location for the plant. There are four or five auxiliary companies, which include research and engineering companies that are already looking to locate their businesses in Polkville. He reported that Dr. Cross stated he hoped to be around in ten years to see the growth of the valley, which he thought would be full of high-tech bio-fuel operations. Councilman Rocco questioned whether there were other plants in New York State that the Board may be able to visit. Supervisor Tupper informed Councilman Rocco that there are other plants in the State. He apprised the Board he received information in the mail regarding the bio-fuel plants, which is a natural process - there are no hydrocarbons. , Diesel fuel would be produced out of soybeans at the proposed plant, which would be strictly used for locomotives. If the plant is successful, it would want to produce diesel fuel for the military, the State, and perhaps start selling it locally. Suit-Kote Corporation would benefit from the plant, as they planned to move their product by rail. Councilman O'Donnell added that the property was in the Empire Zone of Polkville. 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 5:40 p.m. Resp ctfully submitted, Karen Q. Snyder, RM Town Clerk Town of Cortlandville *Note: The draft version of this meeting was submitted to the Town Board for their review on June 20, 2007.