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HomeMy WebLinkAbout06-06-2007-. z o JUNE 06, 2007 5:00 P.M. PUBLIC HEARING NO. 1 AQUIFER PROTECTION PERMIT GERALD V. RUGGIERO 1033 MCLEAN ROAD TAX MAP #95.09-01-25.100 & #95.09-01-25.200 A Public Hearing was held by the Town Board of the Town of Cortlandville at the Blodgett Mills Independent Baptist Church, Blodgett Mills, New York, concerning an Aquifer Protection Permit application submitted by Gerald V. Ruggiero, permitting the use of a former church building for storage of equipment and light repair work for the neighboring rental center business, tax map #96.09-01-25.100 and 96.09-01-25.200 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; Ann Hotchkin from Thoma Development Consultants; Town CEO, Tom Williams; Attorney Robert Shafer representing Gerald V. Ruggiero; Bill Breidinger from the Homer -Cortland Community Agency (Brockway/Homeville Museum); Ajay Patel; Sally Stevens; Representatives of C.A.P.E.: Arnold Talentino and Robert Rhodes; News Reporter, Evan Geibel from the Cortland Standard; and Grace Meddaugh for Channel 2, Access TV. Supervisor Tupper called the Public Hearing to order. Town Clerk, Karen Q. Snyder read aloud the legal notice as published, posted and filed Supervisor Tupper offered privilege of the floor to those in attendance. Attorney Robert Shafer, representing the applicant, Gerald V. Ruggiero, apprised the Board the Town Planning Board recommended approval of the Aquifer Protection Permit subject to conditions set by the Cortland County Planning Board. No further comments or discussions were heard. Councilman Rocco made a motion, seconded by Councilman Testa, to close the public hearing. All voting aye, the motion was carried. The Public Hearing was closed at 7:05 p.m.. JUNE 06, 2007 7:05 P.M. 1zI i a TOWN BOARD MEETING The Regular Town Board Meeting of the Town Board of the Town of Cortlandville was held at the Blodgett Mills Independent Baptist Church, Blodgett Mills, 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; Ann Hotchkin from Thoma Development Consultants; Town CEO, Tom Williams; Attorney Mike Shafer representing Gerald V. Ruggiero; Bill Breidinger from the Homer -Cortland Community Agency (Brockway/Homeville Museum); Ajay Patel; Sally Stevens; Representatives of C.A.P.E.: Arnold Talentino and Robert Rhodes; News Reporter, Evan Geibel from the Cortland Standard; and Grace Meddaugh for Channel 2,. Access TV. Supervisor Tupper called the meeting to order. He asked the Board to discuss item G-1 on the agenda regarding the Aquifer Protection Permit submitted by Gerald V. Ruggiero. Councilman Rocco recused himself from consideration of the application. Attorney Folmer and the Board conducted the SEQR Short Environmental Assessment Form for the Aquifer Protection Permit submitted by Gerald V. Ruggiero. RESOLUTION #109 DECLARE NEGATIVE IMPACT FOR AQUIFER PROTECTION PERMIT 93 OF 2007 SUBMITTED BY GERALD V. RUGGIERO FOR PROPERTY LOCATED ON MCLEAN ROAD Motion by Councilman Proud Seconded by Councilman O'Donnell Recused by Councilman Rocco VOTES: ALL AYE ADOPTED WHEREAS, an Aquifer Protection Permit application was submitted by Gerald V. Ruggiero for property located on the north side of McLean Road, approximately 300 ft. west of NYS Route 13/McLean Road intersection, permitting the use of a former church building for storage of equipment and light repair work for the neighboring rental center business, tax map #96.09-01- 25.100 and 96.09-01-25.200, and WHEREAS, the Town Board as Lead Agent, duly reviewed and completed the Short Environmental Assessment Form, therefore BE IT RESOLVED, the Town Board as Lead Agent, does hereby declare the proposed project of Gerald V. Ruggiero, Aquifer Protection Permit #3 of 2007, shall have no significant environmental impact. RESOLUTION #110 AUTHORIZE SUPERVISOR TO SIGN SEQRA APPLICATION OF AQUIFER PROTECTION PERMIT #3 OF 2007 Motion by Councilman Proud Seconded by Councilman O'Donnell Recused by Councilman Rocco VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Supervisor is hereby authorized and directed to sign the SEQRA application relating to Aquifer Protection Permit #3 of 2007, submitted by Gerald V. Ruggiero. IZ-Z- JUNE 06, 2007 TOWN BOARD MEETING PAGE 2 RESOLUTION #111 APPROVE AQUIFER PROTECTION PERMIT #3 OF 2007 SUBMITTED BY GERALD V. RUGGIERO FOR PROPERTY LOCATED ON MCLEAN ROAD SUBJECT TO CONDITIONS Motion by Councilman Proud Seconded by Councilman O'Donnell Recused by Councilman Rocco VOTES: ALL AYE ADOPTED WHEREAS, the Cortland County Planning Department and the Town Planning Board have reviewed and recommended approval of this Aquifer Protection Permit application, and WHEREAS, a Public Hearing was duly held by this Town Board, therefore BE IT RESOLVED, the Town Board does hereby approve Aquifer Protection Permit #3 of 2007, submitted by Gerald V. Ruggiero for property located on the north side of McLean Road, approximately 300 ft. west of NYS Route 13/McLean Road intersection, permitting the use of a former church building for storage of equipment and light repair work for the neighboring rental center business, tax map #96.09-01-25.100 and 96.09-01-25.200, subject to the following conditions: 1. Any floor drains must be connected to a holding tank or sanitary sewer equipped with an oil and grit separating tank. 2. Wastes collected in a holding tank must be disposed of through a licensed waste hauler. 3. Waste degreasing solvents must be stored in drums or a holding tank and disposed of through a licensed waste hauler. 4. Waste oil must be stored in tanks or drums for disposal by a licensed waste hauler 5. Storage facilities for tanks and/or drums require coated concrete floors and dikes to retain accidental spills or leaks; a permanent roof to protect tanks or drums and to prevent precipitation from entering dikes. Drums should be sealed, and tanks and drums must be located away from floor drains. 6. Large drip pans should be kept beneath drums which have spigots and are stored in horizontal position on racks. 7. Potentially contaminated scrap, including but not limited to scrap parts, batteries and used filters shall be stored in proper containers to prevent environmental release of contaminants. 8. The applicant provide the Town with the maximum volumes of any toxic substances or hazardous materials to be on site to determine potential impacts of this proposal. 9. The Town review the stormwater pollution plan for the site to insure that the facility can handle the stormwater runoff from the increased impervious surface. 10. The Town consider requiring the applicant to provide additional parking on the site plan for the two uses, beyond the six parking spaces proposed. 11. All storage of equipment be within the building except when being picked up or dropped off at the facility. 12. The grass strip between the two proposed driveway entrances being moved back out of the right-of-way and onto the property. 13. The applicant obtaining approval of the revised driveway entrances from the County Highway Superintendent, since McLean Road is a County road. i 1 1Z3 JUNE 06, 2007 TOWN BOARD MEETING PAGE 3 14. The easternmost driveway on the site be the only entrance to the site and being signed with an "ENTER" sign and the westernmost driveway on the site being an exit only and being signed "EXIT". 15. Due to McLean Road safety concerns, the applicant provide direct access between this site and the neighboring retail center business to allow for internal movement between the two properties of equipment from the retail center business, which would be stored/repaired at this site, without entering into the highway right-of-way. 16. A negative declaration of environmental impact under SEQR. AND IT IS FURTHER RESOLVED, the Supervisor is hereby authorized to sign the permit. The Draft Town Board Minutes of April 18, 2007 were provided to the Board for their review. RESOLUTION #112 AUTHORIZE PAYMENT OF VOUCHERS — JUNE 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 #297 - 334 $ 47,168.85 General Fund B B44 - B59 $ 13,087.10 Highway Fund DA DA2 - DA2 $ 8,789.00 Highway Fund DB D177 - D214 $ 77,841.03 Water Fund W94 - W105 $ 3,505.13 Sewer Fund S47 - S53 $ 3,642.26 Capital Projects H37 - H38 $ 1,931.00 Supervisor Tupper offered privilege of the floor to Councilman O'Donnell. Councilman O'Donnell reported that he attended the June 5, 2007 Village of McGraw Board Meeting on the Town Board's behalf. Councilman O'Donnell discussed issues such as the East Academy Street Bridge; bringing Town water to McGraw and Polkville; and concerns regarding highways. Councilman O'Donnell stated there is no revenue base in the Village of McGraw, which is also a concern. Councilman O'Donnell commented that it was a good meeting and was happy to be invited to attend. Supervisor Tupper offered privilege of the floor to Bill Breidinger. Bill Breidenger representing the Homer -Cortland Community Agency (Brockway/Homeville Museum), asked the Board for their support by applying for the 2007 Environmental Protection Fund (EPF) Historic Preservation grant. The grant request was for $375,000.00 with a $375,000.00 match from the Homer -Cortland Community Agency (HCCA). Mr. Breidenger explained that this particular grant allowed the applicant to include expenses over the past three years, which would allow the agency to use the purchase of property as their part of the match. Mr. Breidenger explained that funds from the grant would be used for the removal of the current storage sheds from the riverfront, building replacement sheds at the southeast corner of the site, away from the river, preserving to original rail style doors. Funds would also be used for renovation of the main building's north annex, which would house the "Homeville Museum." Supervisor Tupper reiterated that the Town would not be responsible for matching the grant, but must apply for the grant on behalf of the HCCA. There would be no cost to the Town. Councilman Proud suggested the Board table the request to apply for the grant until the June 20, 2007 Town Board Meeting, which would allow the Board time to review the application. JUNE 06, 2007 TOWN BOARD MEETING PAGE 4 Mr. Breidinger explained that the application was due by June 29, 2007. Among other items, the application must include ownership documentation, photos showing the project area, and the adopted Town Board resolution. Attorney Folmer suggested the Board adopt the resolution to allow Town Clerk Snyder time to certify the resolution prior to the application due date. RESOLUTION #113 AUTHORIZE SUPERVISOR TO SIGN THE 2007 EPF HISTORIC PRESERVATION APPLICATION ON BEHALF OF HOMER-CORTLAND COMMUNITY AGENCY FOR THE BROCKWAY/HOMEVILLE MUSEUM PROJECT Motion by Councilman Rocco Seconded by Councilman O'Donnell VOTES: ' ALL AYE ADOPTED WHEREAS, the Homer -Cortland Community Agency, Inc. requested the Town Board apply for the 2007 Environmental Protection Fund Historic Preservation grant on behalf of the agency for the Brockway/Homeville Museum Project, and WHEREAS, the Town Board believes it would be in the best interest of the Town to make application to the EPF for grant monies to assist the Homer -Cortland Community Agency, Inc., therefore BE IT RESOLVED, the Supervisor is hereby authorized and directed to file application to the EPF for funding in an amount not to exceed $375,000.00, which will be matched by the Homer - Cortland Community Agency, Inc., and it is further RESOLVED, the Supervisor is hereby authorized and directed to sign said application on behalf of the Homer -Cortland Community Agency, Inc., and upon approval of said request to enter into and execute a project agreement with the EPF for such financial assistance. Councilman Rocco thanked Mr. Breidinger for his interest in the Brockway/Homeville Museum and for all of his work on the grant application. Councilman Rocco reported on many different subjects. First, he mentioned that the 2007 Quality Report for the Water & Sewer Dept. was available for the public, which Water & Sewer Sup't. Alteri did an excellent job on. Secondly, Councilman Rocco informed the Board the new 30 mph speed limit signs were posted in the residential neighborhoods that were approved by the NYS DOT thanks to Highway Sup't. Bush. The 45 mph speed limit signs for NYS Route 222 had not yet been posted. Councilman Rocco contacted the NYS DOT regarding the signage after another accident occurred at the intersection of Fairview Drive/Highland Road and NYS Route 222. The State would special order the new signs and post them as soon as possible. Councilman Rocco reported that Thoma Development sent a very nice article on the Vogt Barn in McGraw to the State of New York with regard the grant received. All of the Historians in the County would visit the Vogt Barn to look at the restoration. Councilman Rocco stated he would be attending the Article 78 proceeding filed by C.A.P.E., which would be held in Norwich and offered to carpool with anyone else interested in attending. On a final note, Councilman Rocco informed the Board he received numerous complaints regarding dumping at the new Salvation Army Family Store located on NYS Route 281 near Lamont Circle. The Sheriffs Department and the NYS Police were notified of the problem as well. The Salvation Army installed gates at the entrances/exits to the property. Although the gates are locked in the evening, they do not prevent dumping. Last year alone, the Salvation Army spent $125,000 hauling items to the dump that were left at the site. Councilman Rocco discussed his concerns with a representative of the Salvation Army and asked that they put a stop to the dumping. He even suggested the Salvation Army hire a security guard to watch the facility during non -business hours, which would cost less than the cost of hauling the garbage to the dump. Supervisor Tupper and Attorney Folmer would write a letter to the owner regarding the issue. L Z.5 JUNE 06, 2007 TOWN BOARD MEETING PAGE 5 The monthly reports of the Town Clerk, Tax Collector, and Code Enforcement Officer for the month of May 2007 were on the table for review and are filed in the Town Clerk's Office. Supervisor Tupper complimented CEO, Tom Williams for submitting a monthly report to the Board, which has not been done in many years. There was discussion regarding the request made by Leon Greenwood to waive the May penalty on his 2007 Town & County tax bill, property located at NYS Route 41, tax map #87.00- 01-40.000. Supervisor Tupper explained that the Board authorized the reduction and refund of the sewer benefit tax commencing with the 2007 tax bill at the May 2, 2007 Town Board Meeting. Mr. Greenwood submitted payment for his tax bill at the end of May, however he paid the amount that was due by the end of April. Mr. Greenwood requested the Board refund the 3% penalty as well as the sewer benefit tax. Supervisor Tupper requested the Board authorize the Tax Collector to waive the $8.69 May penalty, and to deny the request to refund the 3% penalty. RESOLUTION #114 AUTHORIZE TAX COLLECTOR TO WAIVE THE MAY PENALTY FOR THE 2007 TOWN AND COUNTY TAX BILL FOR PROPERTY OWNED BY LEON AND MARLEEN GREENWOOD Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board hereby authorizes and directs the Tax Collector to waive the May penalty amount of $8.69 for the 2007 Town and County tax bill for property owned by Leon and Marleen Greenwood, located off of NYS Route 41, tax map #87.00-01-40.000, and it is further RESOLVED, the Town Board hereby denies Mr. Greenwood's request to waive the 3% tax penalty. Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and file correspondence from Wade Jacobson, President, dated June 4, 2007, notifying the Town of his intent to renew the liquor license for the Statewide Country Music Association', Inc., located at 1804-1824 NYS Route 13 in the Town of Cortlandville. All voting aye, the, motion was carried. Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and file correspondence from Kent Finkelstein, Owner, dated May 25, 2007, regarding his intent to renew the liquor license for Uncle Louie's Backyard, located at 1071 NYS Route 13 in the Town of Cortlandville. All voting aye, the motion was carried. Attorney Folmer reported: Acquisition of Land on Cedar Crest Drive: Attorney Folmer reported that at the May 29, 2007 Planning Board meeting, the subdivision of land on Cedar Crest Drive was approved as requested to provide 30+/- ft. strip of land to be acquired by the Town. Attorney Folmer was waiting for a mylar map to be filed with the County Clerk and Town Clerk. He stated it would be appropriate for the Board to adopt a resolution authoring the Supervisor to accept the deed pending receipt of the formal documents. Councilman Rocco recused himself from the vote. RESOLUTION 4115 AUTHORIZE SUPERVISOR TO ACCEPT CONVEYANCE OF DEED FROM JOHN & CATHERINE MURDOCK FOR PROPERTY LOCATED OFF CEDAR CREST DRIVE Motion by Councilman Proud Seconded by Councilman Testa Recused by Councilman Rocco VOTES: ALL AYE ADOPTED -1-Z(0 JUNE 06, 2007 TOWN BOARD MEETING PAGE 6 BE IT RESOLVED, the Town Board hereby accepts the conveyance of a deed from John and Catherine Murdock for property located off of Cedar Crest Drive, portion of tax map #95.11-02- 52.000, and it is further RESOLVED, the Board hereby accepts the deed subject to Town Attorney approval. Attorney Folmer requested the Board convene to an Executive Session at the end of the Regular Meeting to discuss litigation and a personnel matter. Article 78 Proceeding — C.A.P.E. vs. Town of Cortlandville Attorney Folmer commented on the Article 78 proceeding. He explained that the action was originally submitted to Judge Rumsey who recused himself from presiding over the matter due to his affiliation with the Board and the Town. The matter was then referred to Judge Dowd in Norwich who also recused himself because he was a college classmate and personal friend of Councilman Rocco. The matter was then transferred to Judge Lebus and was scheduled for 9:30 a.m. on June 22, 2007. Councilman O'Donnell reminded the Board of the situation regarding the Honda truck owned by David Berlew that was parked on Mr. Berlew's property located on NYS Route 281. The Board requested Mr. Berlew remove the truck from the property in the past, as they felt it served as a billboard for a business that no longer existed. Councilman O'Donnell reported that the property was sold to SUNY Cortland and that the Honda truck was finally removed from the property. There was discussion regarding the application for funds from the Appalachian Regional Commission under the Area Development Program. Supervisor Tupper explained that the Cortland County BDC/IDA requested the Town help obtain funding for the proposed "Finger Lakes East" Build -Now NY Industrial Park. The Park would need water and sewer service, which would cost an estimated $320,000 to expand the utilities to the site. Supervisor Tupper discovered that funding was available from the Appalachian Regional Commission, Area Development Program, to help fund projects such as Finger Lakes East Business Park. RESOLUTION #116 AUTHORIZE SUPERVISOR TO FILE APPLICATION FOR FUNDS FROM APPALACHIAN REGIONAL COMMISSION UNDER THE AREA DEVELOPMENT PROGRAM Motion by Councilman Testa Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board hereby authorizes and directs the Supervisor to file an application for funds from Appalachian Regional Commission under the Area Development Program in an amount not to exceed $150,000.00, and it is further RESOLVED, upon completion of the construction, the Town pledges operation and maintenance of the system for the life of the financing. RESOLUTION #117 REFER AQUIFER PROTECTION PERMIT APPLICATION SUBMITTED BY MARSHALL FAMILY ASSOCIATES FOR PROPERTY LOCATED AT 3742 US ROUTE 11 TO THE TOWN AND COUNTY PLANNING BOARDS FOR REVIEW AND RECOMMENDATIONS Motion by Councilman Proud Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED 1Z7 JUNE 06, 2007 TOWN BOARD MEETING PAGE 7 BE IT RESOLVED, the Aquifer Protection Permit application submitted by Marshall Family Associates for property located at 3742 US Route 11, tax map #97.02-01-24.000, shall be referred to the Town and County Planning Boards for their review and recommendations. RESOLUTION #118 REFER AQUIFER PROTECTION PERMIT APPLICATION SUBMITTED BY FARMINGTON LAWN CARE, INC. FOR PROPERTY LOCATED ON NYS ROUTE 13 TO THE TOWN AND COUNTY PLANNING BOARDS FOR REVIEW AND RECOMMENDATIONS Motion by Councilman Proud Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Aquifer Protection Permit application submitted by Farmington Lawn Care, Inc., for property located on NYS Route 13 owned by Melvin and Philip Simon, tax map #95.16-02-48.000, 96.13-01-01.000 and 96.13-01-02.000, shall be referred to the Town and County Planning Boards for review and recommendations. RESOLUTION #119 AUTHORIZE OVERHEAD DOOR COMPANY OF CORTLAND, INC. TO INSTALL THREE INTERIOR GATES IN THE RAYMOND G. THORPE MUNICIPAL BUILDING Motion by Councilman Rocco Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board hereby authorizes the Overhead Door Company of Cortland, Inc. to install three interior gates in the Raymond G. Thorpe Municipal Building for the Assessor, and Supervisor in an amount not to exceed $3,480.00, and for the Court, in an amount not to exceed $1,640.00. There was discussion regarding the request of Richard and Janine Woodrome to refund the Sewer Benefit Tax for their property located at 3475 NYS Route 215, tax map #96.00-02- 06.211. Sewer is not available to the parcel. Town Assessor, David Briggs, recommended the Board forgive the benefit tax and refund the amount paid for the past two years. RESOLUTION #120 AUTHORIZE REMOVAL OF THE SEWER BENEFIT TAX UNIT CHARGE FOR PROPERTY OWNED BY RICHARD AND JANINE WOODROME AND ISSUE A REFUND Motion by Councilman Testa Seconded by Councilman Proud VOTES: ALL AYE ADOPTED WHEREAS, a request was received from Richard and Janine Woodrome for the removal of the Sewer Benefit Tax unit charge on the 2006 and 2007 Town and County tax bills for property located at 3475 NYS Route 215, and WHEREAS, such request was reviewed by Town Assessor, David Briggs, who reported that sewer was not available to the parcel and therefore recommended the removal and refund of the Sewer Benefit Tax unit charge for the 2006 and 2007 Town and County tax bills, therefore BE IT RESOLVED, Town Assessor, David Briggs is hereby authorized and directed to remove the Sewer Benefit Tax unit charge for tax map parcel #96.00-02-06.211, owned by Richard and Janine Woodrome, commencing with the 2008 Town and County tax bill, and it is further RESOLVED, a refund in the amount of $92.26 for the 2007 Sewer Benefit Tax, and $117.52 for the 2006 Sewer Benefit Tax, shall be issued, and it is further I Z8 JUNE 06, 2007 TOWN BOARD MEETING PAGE 8 RESOLVED, correspondence from Richard and Janine Woodrome, dated May 29, 2007, is hereby received and filed. Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and file correspondence from Assessor David Briggs, dated June 1, 2007, regarding the request from Richard and Janine Woodrome for the relief and refund of the sewer benefit tax on their property located at 3475 Route 215, tax map #96.00-02-06.211. All voting aye, the motion was carried. Councilman Rocco made a motion, seconded by Councilman O'Donnell, to receive and file Cortland County Legislature Resolution No. 166-07 approved on May 24, 2007, authorizing the apportionment of mortgage tax monies between the towns of Cortlandville, Homer and Marathon, and the villages therein. All voting aye, the motion was carried. RESOLUTION #121 SCHEDULE PUBLIC HEARING FOR SHIFT OF OPERATION INTO AN EMPIRE ZONE FOR AUSTIN MACHINE Motion by Councilman Proud Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED BE IT RESOLVED, a Public Hearing shall be scheduled for June 20, 2007 at 5:00 p.m. regarding the Shift of Operation into an Empire Zone for Austin Machine, located at 1838 NYS Route 13 in the Town of Cortlandville, to 46 East Court Street in the City of Cortland Empire Zone. Councilman Rocco made a motion, seconded by Councilman Testa, to receive and file correspondence from Town Code Enforcement Officer, Bruce Weber, dated June 5, 2007, to John and Tabitha Palladino, regarding the code violation of their property at 621 NYS Route 222, tax map #85.00-01-52.000. All voting aye, the motion was carried. Councilman Rocco made a motion, seconded by Councilman Testa, to receive and file correspondence from Town Code Enforcement Officer, Bruce Weber, dated June 5, 2007, to Cheryl Ackley, regarding the code violation of her property located at 4496 Route 41, tax map #88.16-01-01.000. All voting aye, the motion was carried. RESOLUTION #122 AUTHORIZE EXPENDITURE OF $8,500.00 TO BARTON & LOGUIDICE PC FOR PHASE II ENGINEERING OF THE PROPOSED STARR ROAD/PERPLEXITY CREEK PROJECT Motion by Councilman Testa Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board hereby authorizes the expenditure of $8,500.00 to Barton & Loguidice PC for Phase II Engineering of the proposed Starr Road/Perplexity Creek project, which consists of final engineering design and the preparation of construction documents. Councilman Rocco apprised the Board he audited the records for the Town Clerk and Tax Collector and found everything to be in order. No further comments or discussion were heard. Councilman Testa 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. fl 1 JUNE 06, 2007 TOWN BOARD MEETING PAGE 9 1z9 The meeting was recessed at 8:15 p.m. The following information was received from the Supervisor's Office. Councilman Testa made a motion, seconded by Councilman Proud, to adjourn the Executive Session and reconvene to the Regular Meeting. All voting aye, the motion was carried. No action was taken. Councilman Testa made a motion, seconded by Councilman Proud, to adjourn the Regular Meeting. All voting aye, the motion was carried. *Note: E 1 The meeting was adjourned at 8:20 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 20, 2007.