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HomeMy WebLinkAbout06-20-2007130 JUNE 20, 2007 5:00 P.M. PUBLIC HEARING NO. 1 SHIFT OF OPERATION — EMPIRE ZONE AUSTIN MACHINE 1838 NYS ROUTE 13 A Public Hearing was held by the Town Board of the Town of Cortlandville at the Raymond G. Thorpe Municipal Building, 3577 Terrace Road, Cortland, New York, regarding the relocation of Austin Machines located at 1838 NYS Route 13, Cortland, New York, into the City of Cortland Empire Zone. 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; Karen Niday, Director of the Cortland County Empire Zone Program, Cortland County BDC/IDA; Mary Clare Pennello, 820 South Lamont; Representatives of C.A.P.E.: Arnold Talentino, Robert Rhodes, Grace Meddaugh, Jo Schaffer, Jan Thomsen, and Jamie Dangler; News Reporter, Eric Mulvihill from "HC; and Sharon Stevans 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. Councilman Rocco wished Mr. Austin well in his move from the Town to the City of Cortland. He noted that Mr. Austin would gain about $86,000 from the State as a result of the shift of operation. 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 5:10 p.m. 1 131 DUNE 20, 2007 5:10 P.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, Ronal L. Rocco Councilman, John C. Proud Town Clerk, Karen Q. Snyder Others present were: Town Attorney, John Folmer; Karen Niday, Director of the Cortland County Empire Zone Program, Cortland County BDC/IDA; Mary Clare Pennello, 820 South Lamont; Representatives of C.A.P.E.: Arnold Talentino, Robert Rhodes, Grace Meddaugh, Jo Schaffer, Jan Thomsen, and Jamie Dangler; News Reporter, Eric Mulvihill from WXHC; and Sharon Stevans for Channel 2, Access TV. Supervisor Tupper called the meeting to order. Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and file the Planning Board Minutes of April 30, 2007. All voting aye, the motion was carried. Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and file the Planning Board Minutes of May 15, 2007. All voting aye, the motion was carried. Councilman Proud commented on the April 30, 2007 Planning Board Meeting — Wal- Mart Site Plan Review, and discussion that occurred regarding a pedestrian walkway. One comment made at the meeting was that a sidewalk at the Wal-Mart Supercenter would be "a sidewalk to no where." Councilman Proud mentioned that NYS Route 281/Route 13 was being developed and the corridor would include sidewalks. Councilman Proud stressed the importance of accommodating pedestrians, and moving towards a pedestrian -friendly community in the future. Councilman Testa commented that when the NYS Route 281/Route 13 Corridor Project was complete, there would be sidewalks from Fisher Avenue to the A&W Restaurant on NYS Route 13. Councilman Testa stated it was too bad that sidewalks were not constructed on NYS Route 13 (Tompkins Street). Councilman Rocco stated the Town had a chance to construct sidewalks on NYS Route 13 years ago, but did not take the opportunity. Councilman O'Donnell commented that the Town would eventually have to discuss the maintenance of sidewalks, including snow removal. The Town does not have a sidewalk ordinance at this time. In the Village of McGraw, property owners maintain sidewalks on their property. The Village is responsible for maintaining certain sidewalks and the bridges. The Village of Dryden and the Village of Homer also maintain their own sidewalks. Councilman Proud reiterated that the Town of Cortlandville is moving in the direction of becoming a suburban town, and that the issue regarding sidewalks must be addressed. The Draft Town Board Minutes of May 2, 2007, May 16, 2007, and June 6, 2007 were provided to the Board for their review. RESOLUTION #123 AUTHORIZE PAYMENT OF VOUCHERS — JUNE Motion by Councilman Proud Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED, the vouchers submitted have been audited and shall be paid as follows: General Fund A Vouchers #335 - 369 $ 28,651.17 General Fund B B60 - B64 $ 1,248.79 Highway Fund DA DA3 - DA7 $ 781.29 13Z- JUNE 20, 2007 TOWN BOARD MEETING PAGE 2 Highway Fund DB D215 - D241 $ 52,874.14 Water Fund W106 - W122 $ 50,697.53 Sewer Fund S54 - S59 $ 6,658.06 Trust & Agency T11 - T12 $ 32,365.95 Capital Projects H39 - H42 $155,248.35 Special Grant SG27 - SG29 $ 7,861.14 Supervisor Tupper offered privilege of the floor to those in attendance. Councilman Testa apprised the Board he spoke with the Mayor of Cortland regarding the possibility of extending the City waterline to Polkville, especially with the possibility of a bio- fuel/soybean plant being located in Polkville. Other businesses located in Polkville have expressed their desire for public water. Councilman Testa suggested Supervisor Tupper schedule a meeting with the Mayor to discuss the possibility. Supervisor Tupper commented that the Town asked the Village of McGraw if they could extend their water line to Polkville. McGraw reported that it does not have the capacity to do so. It would cost a considerable amount of money for the Town to run its own utility lines to Polkville. Supervisor Tupper stated it would be a better option to enter into discussion with the City to discuss the possibility of extending the water line. Councilman Rocco stated the City would probably welcome the idea, especially with the loss of Buckbee Mears, which used 600,000 gallons of water per day. Councilman Rocco added that the soybean plant would use approximately 300,000 gallons of water per day. Councilman Proud suggested the Town look into the possibility of applying for an intermunicipal grant to fund such a project. Sharon Stevans thanked the Town for use of the "park and ride" parking lot at Citizens Park. Ms. Stevans and other Cornell University employees take advantage of parking their vehicles at Citizens Park and riding the Cortland Transit bus to work. Ms. Stevans also questioned the Town's involvement with the Otter Creek flooding concerns. Councilman Rocco commented on an article written by Jim Cunningham regarding the unusual weather and recent flooding in the area. He mentioned that the City of Cortland had the opportunity to purchase property next to the Water Works to help with flooding concerns, but turned down the opportunity. Councilman Rocco mentioned the issue regarding sales tax distribution and the fact that the Town did not receive the percentage it requested. The Town could have participated in purchasing the land if the percentage of sales tax had been received. He stated that the Town is the "engine of growth in the County." The Town is expanding, installing water and sewer lines, which costs the taxpayers money. Councilman Rocco questioned why the NYS DEC would not allow the City dig the creeks deeper to remove the brush. Supervisor Tupper stated he spoke with the Mayor of Cortland regarding the issue. According to the Mayor, the creeks have to be 100% dry before any work can be done on the creeks. The Mayor understood there was a problem, but could not do any work on the creeks until the DEC approved. Attorney Folmer recognized and congratulated Jamie Dangler who recently received an award for years of service with regard to environmental concerns. Attorney Folmer requested the Board officially congratulate Mrs. Dangler, which they did. Councilman Proud apprised the Board the 45 mph speed limit was officially posted on NYS Route 222. The Sheriff's Department also set up the radar speed trailer on NYS Route 222 to help draw attention to the new speed limit. The monthly reports of the Town Justice, Supervisor, and the Water & Sewer Department, for the month of May 2007 were on the table for review and are filed in the Town Clerk's Office. 133 JUKE 20, 2007 TOWN BOARD MEETING PAGE 3 RESOLUTION #124 ACKNOWLEDGE PROCEDURES AND FINDINGS REPORT FROM PORT, KASHDIN & MCSHERRY FOR THE PERIOD ENDING DECEMBER 31, 2006 FOR THE TOWN OF CORTLANDVILLE COURT Motion by Councilman Proud Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED, the procedures and findings report from Port, Kashdin & McSherry for the period ending December 31, 2006 for the Town of Cortlandville Court is hereby acknowledged and shall be received and filed. RESOLUTION #125 AUTHORIZE SHIFT OF OPERATION INTO AN EMPIRE Motion by Councilman O'Donnell Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED WHEREAS, Austin Machine, a machinery, equipment and components manufacturer, in the Town of Cortlandville from 1996 to 2007, and WHEREAS, Austin Machine has 4 employees at this time, and WHEREAS, physical problems prevented Austin Machine from remaining at 1838 Route 13 North in the Town of Cortlandville beyond 2007, and WHEREAS, Austin Machine attempted to relocate in the Town of Cortlandville but could find no comparable space, and WHEREAS, the Town of Cortlandville Board has heard public comments that extraordinary circumstances existed to warrant the relocation of Austin Machine to a site in the Cortland Empire Zone, located in the City of Cortland, now therefore be it hereby RESOLVED, that the Town of Cortlandville consents to the relocation of Austin Machine from the Town of Cortlandville to the Cortland Empire Zone. Councilman O'Donnell made a motion, seconded by Councilman Rocco, to receive and file correspondence from Ritch Mabry, Vice President of TLC Central, LLC, dated May 30, 2007, notifying the Town of his intent to renew the liquor license for Applebees Neighborhood Grill/Bar, located at 856 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 reminded the Board 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 received the mylar map, which must be. signed by Kathy Wickwire, Chairperson of the Town Planning Board. Once the mylar map is signed it would be forwarded to the County Health Department and then filed with the County Cleric. The Board already authorized Supervisor Tupper to accept the conveyance of the deed from the Murdock's and to record the deed. Local Law — Fire Prevention Code: Attorney Folmer apprised the Board the State of New York directed the Town to amend or adopt a Local Law dealing with the administration and enforcement of the New York State JUNE 20, 2007 TOWN BOARD MEETING PAGE 4 Uniform Fire Prevention and Building Code. A draft of the proposed Local Law was presented to the Board and Town Clerk Snyder for review. Attorney Folmer informed the Board that he and CEO Bruce Weber discussed the draft Local Law to make sure the language was consistent with . what the State mandated. After discussion, they determined there were three changes to be made, which Attorney Folmer reviewed with the Board. The first change was with regard to the time limits for building permits and the applicable fee if a building permit expires and must be renewed (Section 4.(i), pg. 6). CEO Weber suggested the applicable fee for renewing a building permit should be half of the original price of the permit. The second change to the Local Law was with regard to the one-time fee for an Operating Permit (Section 10.(g), pg. 11). CEO Weber suggested the fee be set between $1004200. Attorney Folmer suggested the Board set the fee at $150.00. The third change dealt with the fee for inspections, which are done by Atlantic Inland (Section I L(d), pg. 13). CEO Weber suggested the Board set the fee for a fire inspection to include the Atlantic Inland fee plus 25%. Therefore, if Atlantic Inland charged $100.00 for the inspection, the total cost to the applicant would be $125.00. Supervisor Tupper commented that the Town does not charge a fee for fire inspections, but absorbs 100% of the cost. According to Atlantic Inland, the Town of Cortlandville is the only municipality that does not charge a fee for the inspections. Supervisor Tupper stated the Town should generate a little bit of revenue to help cover the cost of the contract. Article 78 Proceeding — C.A.P.E. vs. Town of Cortlandville: Attorney Folmer apprised the Board the Article 78 proceeding, C.A.P.E. vs. Town of Cortlandville, was scheduled to be heard in Binghamton on Friday, June 22, 2007 at 11:00 a.m., in front of Judge Lebus. RESOLUTION #126 APPOINT CEO THOMAS WILLIAMS TO BE THE FAIR HOUSING OFFICER IN COMPLIANCE WITH THE FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANTS Motion by Councilman Testa Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby authorize and direct Code Enforcement Officer, Thomas Williams to be the Fair Housing Officer in compliance with the Federal Community Development Block Grants. RESOLUTION #127 AUTHORIZE CHANGE ORDER 03-03 FROM KING & KING MECHANICAL INC. FOR THE EXPANSION/RENOVATION OF THE RAYMOND G. THORPE MUNICIPAL BUILDING Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board hereby authorizes and directs the Supervisor to execute change order 03-03 from King & King Mechanical Inc., in the amount of $12,934.00, for the Expansion/Renovation of the Raymond G. Thorpe Municipal Building. There was a brief discussion regarding the retirement of CEO Bruce Weber. Mr. Weber submitted a letter informing the Board he filed for his NYS Retirement effective July 9, 2007. However, it was not clear whether Mr. Weber intended to retire from the Town on July 9, 2007. 135 JUNE 20, 2007 TOWN BOARD MEETING PAGE 5 RESOLUTION #128 TABLE ACTION REGARDING RETIREMENT OF CEO BRUCE WEBER Motion by Councilman Proud Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board hereby tables any action regarding the retirement of CEO Bruce Weber until the July 5, 2007 Town Board Meeting. There was discussion regarding correspondence from Mayor Robert Freeman, Village of McGraw. Councilman O'Donnell urged the Board to take Mayor Freeman's letter very seriously. Mayor Freeman requested the Board replace the bridge on East Academy Street. Councilman O'Donnell stated it was up to the Town to move forward with replacing the bridge, which would include talking with the County Highway Department, and perhaps contacting State representatives. Supervisor Tupper suggested that Highway Sup't. Bush schedule a meeting between the Town and the County Highway Dept. to discuss replacing the bridge. Councilman Testa made a motion, seconded by Councilman Proud, to receive and file correspondence from Mayor Robert Freeman, Village of McGraw, dated June 14, 2007, regarding replacing the East Academy Street Bridge. All voting aye, the motion was carried. RESOLUTION #129 ACKNOWLDEGE RECEIVING NOTICE OF CLAIM. REGARDING PROPERTY DAMAGE SUSTAINED BY Y & MARY JANE WARREN AT 3633 ROUTE 215 Motion by Councilman Proud Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby acknowledge, by receiving and filing, the Notice of Claim regarding property damage sustained by Wesley & Mary Jane Warren, property located at 3633 Route 215 in the Town of Cortlandville. Councilman Proud made a motion, seconded by Councilman Rocco, to receive and file correspondence from the Cortland County Planning Department, dated June 15, 2007, regarding the Aquifer Protection Permit application submitted by Marshall Family Assoc., property located off US Route 11, tax map #97.02-01-24.000. All voting aye, the motion was carried. Councilman Proud made a motion, seconded by Councilman Rocco, to receive and file correspondence from the Cortland County Planning Department, dated June 15, 2007, regarding the Aquifer Protection Permit application submitted by Farmington Lawn Care, Inc. for property located off NYS Route 13, tax map #95.16-02-48.000, 96.13-01-01.000, & 96.13-01-02.000, owned by Melvin & Philip Simon. All voting aye, the motion was carried. Councilman Proud made a motion, seconded by Councilman Rocco, to receive and file i correspondence from the Cortland County Planning Department, dated June 15, 2007, regarding the proposed Local Law of 2007 — Revised Zoning Ordinance of the Town of Cortlandville. All voting aye, the motion was carried. Councilman Proud made a motion, seconded by Councilman Rocco, to receive and file correspondence from the Cortland County Planning Department, dated June 15, 2007, regarding the Aquifer Protection Permit application submitted by APD Engineering for Wal-Mart Stores Inc., property located off NYS Route 13, tax map #105.00-01-22.211. All voting aye, the motion was carried. 13(o JUNE 20, 2007 TOWN BOARD MEETING PAGE 6 Supervisor Tupper commented on the proposed Revised Zoning Ordinance for the Town, which has been an ongoing issue for several years. He briefly discussed the history of the proposed ordinance with regard to the Article 78 Proceeding filed against the Town in 2005, which resulted in the Zoning Text Amendment (Local Law No. 2 of 2005) being overturned. While the Board would take the Town and County Planning Board's recommendations into consideration, he reminded the Board that drafting a new ordinance was their responsibility. RESOLUTION #130 REFER AQUIFER PROTECTION PERMIT APPLICATION SUBMITTED BY SUIT-KOTE CORPORATION FOR PROPERTY LOCATED ON LORING CROSSING TO THE TOWN AND COUNTY PLANNING BOARDS FOR REVIEW AND RECOMMENDATIONS Motion by Councilman Proud Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Aquifer Protection Permit application submitted by Suit-Kote Corporation for property located on Loring Crossing, tax map #77.00-01-22.000, shall be referred to the Town and County Planning Boards for their review and recommendations. RESOLUTION #131 REFER AQUIFER PROTECTION PERMIT APPLICATION SUBMITTED BY SUIT-KOTE CORPORATION FOR THE POLKVILLE FACILITY LOCATED ON ROUTE 11 TO THE TOWN AND COUNTY PLANNING BOARDS FOR REVIEW AND RECOMMENDATIONS Motion by Councilman Proud Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Aquifer Protection Permit application submitted by Suit-Kote Corporation for the Polkville Facility located on Route 11, tax map #87.00-03-16.122, owned by the Cortland County IDA, shall be referred to the Town and County Planning Boards for their review and recommendations. RESOLUTION #132 AUTHORIZE THE TOWN ENGINEER TO GO OUT TO BID FOR THE STARR ROAD AND VERNON DRIVE SEWER IMPROVEMENT PROJECT - 2007 Motion by Councilman Testa Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED WHEREAS, the Town Engineer informed the Board he was prepared to go out to bid for the Starr Road and Vernon Drive Sewer Improvement Project — 2007, and WHEREAS, bid specs would be available for sale on June 28, 2007 for a non-refundable fee of $25.00, and the bids would be opened on July 24, 2007 at 3:00 p.m., therefore BE IT RESOLVED, the Town Board does hereby authorize and direct the Town Engineer to go out to bid for the Starr Road and Vernon Drive Sewer Improvement Project — 2007. Councilman Rocco made a motion, seconded by Councilman Testa, to receive and file correspondence from Town Attorney John Folmer, dated June 18, 2007, to the Salvation Army Store located on NYS Route 13, regarding "dumping" of materials outside of the facility. All voting aye, the motion was carried. 137 JUKE 20, 2007 TOWN BOARD MEETING PAGE 7 Councilman Rocco informed the Board he spoke with the Sheriff's Department regarding the problem at the Salvation Army Store. According to the Sheriff, if the Salvation Army installed a sign reading "no trespassing after normal business hours," then the Sheriff and State Police could arrest people for dumping items when the store is closed. Supervisor Tupper mentioned that the Salvation Army Store's revenue is forwarded to a home for the disabled in the Binghamton area. Councilman Proud made a motion, seconded by Councilman O'Donnell, to receive and file correspondence from Megan E. Conaway and Alexis A. Lord, 693 Lime Hollow Road, dated June 14, 2007, concerning the construction of a parking lot on Lime Hollow Road to be used for the Lime Hollow Nature Center trail, and disapproval of the Town's process in initiating community changes. All voting aye, the motion was carried. Councilman Proud stated he would contact Ms. Conway and Ms. Lord regarding their concerns. Supervisor Tupper updated those in attendance on the construction of the Cortlandville Starr Road Park & Recreation Center. He and Councilman Testa met with Clough Harbour & Associates and Procon Contracting at the new park as Procon Contracting completed the lower part of the park. Work not yet complete included: the upper field, fencing, roads and parking area, two pavilions, and the restrooms. The Town would be responsible for paving the parking area and the roads. Procon Contracting anticipated the park would be completed in 30-days. Supervisor Tupper informed the public the Town was still accepting donations for the Starr Road Park, and urged the public to visit the professionally designed park. Supervisor Tupper reverted back to discussion that occurred earlier in the evening regarding flooding concerns. He stated there was confusion regarding the Town cooperating with the City to curb flooding problems. He mentioned that the Town was working with the City and the County on a water project for flooding problems in the Starr Road area that should help problems with flooding of Perplexity Creek. Supervisor Tupper explained that a couple of months ago he was asked by the County to participate in the Otter Creek project with the County and the City. At that time, the City was not in favor of doing anything with Otter Creek. The County allocated funds for the project and suggested the City do the same. Supervisor Tupper stated the work in the Otter Creek area has no affect on the Town whatsoever. "The water passes through the Water Works and it's gone." Supervisor Tupper explained that he told the County and the City that all City Council Members and City Legislators were adamant that the Town of Cortlandville did not deserve any more sales tax revenue. Had the Town received more sales tax, Supervisor Tupper may have been quicker to join in the effort. Supervisor Tupper stated it was inappropriate for the Town to be blamed for flooding in the City. The Town surrounds the City, however geologically every hill in the seven valleys runs into the City. Supervisor Tupper stated the Town probably has more retention and detention ponds than any other municipality in the County, and "are continually working to slow the water down." 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 6:00 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 July 18, 2007.