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HomeMy WebLinkAbout07-05-2007138 JULY 05, 2007 7:00 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; Planning Board Member, Nick Renzi; Sandy and Vittorio Panzanella, owners of the Yellow Lantern Kampground; Laurence Hinkle; Representative of C.A.P.E.: Arnold Talentino; and Grace Meddaugh 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 Board of Assessment Review Minutes of May 22, 2007. All voting aye, the motion was carried. RESOLUTION #133 AUTHORIZE PAYMENT OF VOUCHERS — JULY 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 #370 - 400 $ 83,063.20 General Fund B B65 - B76 $153,217.47 Highway Fund DA DA8 - DA12 $ 960.51 Highway Fund DB D242 - D260 $ 60,132.69 Water Fund W123 - W133 $ 8,955.05 Sewer Fund S60 - S60 $ 594.34 Capital Projects H43 - H44 $ 2,437.30 Supervisor Tupper offered privilege of the floor to Laurence Hinkle. Laurence Hinkle, 726 Sleepy Hollow Road, apprised the Board he hired a company to install a new liner in his pool on June 20-21, 2007. After the work was complete, he used 28,100 gallons of town water to fill his pool. Mr. Hinkle requested the Board relieve his sewer charges for the 28,100 gallons' of water that did not actually go through the sewer. Attorney Folmer suggested the Board table action on Mr. Hinkle's request to allow time to investigate the matter. Supervisor Tupper offered privilege of the floor to Sandy Panzanella Sandy Panzanella, owner of the Yellow Lantern Kampground, submitted a letter to the Board and voiced her' concerns regarding odors and fumes emitted by Suit-Kote Corporation at both the Loring Crossing and Polkville facilities. Mrs. Panzanella commented on remarks made by Dick Schutz of Suit-Kote Corp. at a prior Planning Board Meeting, that there were no issues with odor and fumes at the facility. Mrs. Panzanella commented that Suit-Kote is a large employer in the Cortland area, and is an integral part of transportation. However, Suit-Kote should be "made to adhere to the same laws and regulations as any other business that has a serious environmental impact." Mrs. Panzanella was very concerned with what the future would bring if Suit-Kote Corp. expands. The Board discussed Mrs. Panzanella's concerns and concluded that the Town CEO and a member of the Board should visit the Loring Crossing facility. 1.39 JULY 05, 2007 TOWN BOARD MEETING PAGE 2 Mr. Panzanella also commented on the situation and his dissatisfaction with the odors and fumes from Suit-Kote Corp., which affect his business at the Yellow Lantern Kampground and the quality of life for surrounding property owners. Supervisor Tupper offered privilege of the floor to Nick Renzi. Planning Board member, Nick Renzi apprised the Board that Dick Schutz of Suit-Kote Corp. appeared before the Planning Board at their last meeting. The subject of odor was discussed. Planning Board Secretary, Joan Fitch pointed out that she could smell odors from the Polkville Plant in the Village of McGraw. During the course of conversation Mr. Schutz described how the trucks are loaded and that the material must be level. Mr. Renzi suggested that Suit-Kote Corp. use a weigh station to weigh the material instead of dumping the asphalt. Mr. Renzi felt it was a good idea for a Code Enforcement Officer to visit the Suit-Kote facility. Supervisor Tupper offered privilege of the floor to Councilman O'Donnell. Councilman O'Donnell apprised the Board the pedestrian bridge in the Village of McGraw was installed and was being utilized by the public. The monthly reports of the Town Clerk, Code Enforcement Office, and Supervisor, for the month of June 2007 were on the table for review and are filed in the Town Clerk's Office. Councilman Rocco reported that "dumping" at the Salvation Army Store had greatly improved. Councilman Rocco also commented that the Sheriff's Department would continue to put the radar speed trailers on NYS Route 222 to help make drivers aware of the new 45 mph speed limit. Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and file correspondence from Sandy Panzanella, owner of the Yellow Lantern Kampground, regarding the odors and fumes emitted by Suit-Kote Corporation at both the Loring Crossing and Polkville facilities. All voting aye, the motion was carried. RESOLUTION #134 ACKNOWLEDGE RECEIVING NOTICE OF PETITION FOR REVIEW OF ASSESSMENT FROM VERIZON NEW YORK, INC. Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby acknowledge, by receiving and filing, the Notice of Petition, regarding their current assessment, from Verizon New York, Inc. Attorney Folmer reported: Acquisition of Land on Cedar Crest Drive: With regard to the acquisition of land on Cedar Crest Drive from John and Catherine Murdock, Attorney Folmer reported that he was waiting for the mylar map to be signed by the County Health Department before it could be filed and recorded with the County Clerk. Bond Anticipation Note: Attorney Folmer reported that he and Supervisor Tupper discussed the necessity of authorizing a new Bond Anticipation Note in the amount of $200,000 to finish the Expansion/Renovation of the Raymond G. Thorpe Municipal Building. Attorney Folmer requested the Board adopt a resolution authorizing the issuance of a BAN for the municipal building at a later date. I L4 0 JULY 05, 2007 TOWN BOARD MEETING PAGE 3 Salvation Army Store: Attorney Folmer apprised the Board the letter that he sent to the Salvation Army Store, dated June 18, 2007, was returned to him because the business does not have a mail receptacle. Attorney Folmer hand delivered his letter to the Salvation Army. Councilman Proud made a motion, seconded by Councilman Rocco, to receive and file correspondence from Diana Graser, P.E., NYS DOT, dated June 21, 2007, regarding the Town's request to reduce the area speed limit on Davinci Drive, Madden Lane, and Raphael Drive. All voting aye, the motion was carried. Councilman Rocco made a motion, seconded by Councilman O'Donnell, to receive and file Cortland County Planning Board Resolution No. 07-26, 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. Councilman Proud commented on the County Planning Board's recommendations with regard to the relocation of Bennie Road. Councilman Proud suggested the word "road" be removed from the first sentence, which reads "the realignment of Bennie Road being built to Town road specifications." Councilman Proud stated the Town discussed constructing the road to higher specifications than existing Town road specifications. The Board agreed with Councilman Proud's suggestion. Councilman Rocco made a motion, seconded by Councilman O'Donnell, to receive and file Cortland County Planning Board Resolution No. 07-27, regarding the Aquifer Protection Permit application submitted by Farmington Lawn Care, Inc. for property located off NYS Route 13, owned by Melvin & Philip Simon, tax map #95.16-02-48.000, 96.13-01-01.000, & 96.13-01- 02.000. All voting aye, the motion was carried. RESOLUTION #135 SCHEDULE PUBLIC HEARING REGARDING AQUIFER PROTECTION PERMIT APPLICATION SUBMITTED BY FARMINGTON LAWN CARE, INC. FOR PROPERTY LOCATED OFF NYS ROUTE 13 Motion by Councilman Rocco Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED, a Public Hearing shall be scheduled for July 18, 2007 at 5:00 p.m. regarding the Aquifer Protection Permit application submitted by Farmington Lawn Care, Inc. for property located off NYS Route 13, owned by Melvin & Philip Simon, tax map 495.16-02-48.000, 96.13- 01-01.000, & 96.13-01-02.000. Councilman Proud made a motion, seconded by Councilman Rocco, to receive and file Cortland County Planning Board Resolution No. 07-28, 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 O'Donnell made a motion, seconded by Councilman Rocco, to receive and file Cortland County Planning Board Resolution No. 07-29, regarding the proposed Local Law of 2007 — Revised Zoning Ordinance of the Town of Cortlandville. All voting aye, the motion was carried. JULY 05, 2007 19L TOWN BOARD MEETING PAGE 4 RESOLUTION 4136 SCHEDULE PUBLIC HEARING FOR PROPOSED LOCAL LAW OF 2007 — REVISED ZONING ORDINANCE Motion by Councilman Testa Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby schedule a Public Hearing for August 1, 2007 at 7:00 p.m. or soon thereafter, regarding the enactment of a Local Law of 2007 that would revise the Zoning Code of the Town of Cortlandville. RESOLUTION #137 REFER AQUIFER PROTECTION PERMIT APPLICATION SUBMITTED BY KOST TIRE & AUTO CARE 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 Kost Tire & Auto Care, for property located at 1013 NYS Route 13, owned by Gerald A. Pollock, tax map 496.09- 02-06.000, shall be referred to the Town and County Planning Boards for their review and recommendations. RESOLUTION #138 ACCEPT RESIGNATION OF BRUCE WEBER AS TOWN CODE ENFORCEMENT OFFICER Motion by Councilman Testa Seconded by Councilman Proud VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby accept the resignation for retirement of Bruce Weber as Code Enforcement Officer for the Town of Cortlandville, with deep regret, effective July 9, 2007, and it is further RESOLVED, the resignation is hereby received and filed. RESOLUTION #139 AUTHORIZE SUPERVISOR TO ENTER INTO DISCUSSION WITH BRUCE WEBER WITH REGARD TO WORKING AS A CONSULTANT FOR THE TOWN Motion by Councilman Testa Seconded by Councilman Proud VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board hereby authorizes and directs the Supervisor to enter into discussion with Bruce Weber with regard to him working as a consultant for the Town on a reduced schedule, and it is further RESOLVED, the Board authorizes the Supervisor to negotiate a salary with Mr. Weber. RESOLUTION #140 AUTHORIZE SUPERVISOR TO EXECUTE CONTRACT WITH VALLEY VIEW GARDENS FOR LANDSCAPING AT THE RAYMOND G. THORPE MUNICIPAL BUILDING Motion by Councilman Rocco Seconded by Councilman Testa VOTES: ALL AYE ADOPTED JULY 05, 2007 TOWN BOARD MEETING PAGE 5 BE IT RESOLVED, the Town Board hereby authorizes and directs the Supervisor to execute the contract with Valley View Gardens for landscape restoration at the Raymond G. Thorpe Municipal Building, in an amount not to exceed $12,065.00. Councilman Proud made a motion, seconded by Councilman Testa, to receive and file correspondence from the Town of Groton, dated June 28, 2007, regarding the application for a Variance for a bulk tank, submitted by Robert Fouts for property located at 1393 NYS Route 222. All voting aye, the motion was carried. Councilman Proud made a motion, seconded by Councilman Testa, to receive and file correspondence from Mark Frechette, P.E., NYS DOT, regarding a Public Meeting scheduled for July 18, 2007 at 10:00 a.m. at the Cortlandville Fire Station, to discuss the proposed program of projects in Cortland County for the years 2007-2012. All voting aye, the motion was carried. Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and file correspondence from Mayor Robert Freeman, Village of McGraw, dated June 28, 2007, regarding property in the Town of Cortlandville, outside the Village of McGraw, that is collapsing and a hazard. All voting aye, the motion was carried. RESOLUTION #141 AUTHORIZE CHANGE ORDER 01-10 FROM DIAMOND & THIEL CONSTRUCTION CO. FOR THE EXPANSION/ RENOVATION OF THE RAYMOND G. THORPE MUNICIPAL BUILDING Motion by Councilman Proud Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board hereby authorizes and directs the Supervisor to execute change order 01-10 from Diamond & Thiel Construction Co. in the amount of $6,520.00, for the Expansion/Renovation of the Raymond G. Thorpe Municipal Building. Supervisor Tupper reported that he and Councilman Testa met with Atlantic Inland to discuss the Fire Prevention Code that must be adopted by the Town. Another meeting would be held on July 11, 2007 between Atlantic Inland and Supervisor Tupper, Councilman Testa, Attorney Folmer, and CEO Tom Williams. 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 7:50 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.