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HomeMy WebLinkAbout09-05-20071.9 SEPTEMBER 05, 2007 Wx109UN 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: Absent: Supervisor, Richard C. Tupper Councilman, Theodore V. Testa Councilman, Edwin O'Donnell Councilman, John C. Proud Town Clerk, Karen Q. Snyder Councilman, Ronal L. Rocco Others present were: Town Attorney, John Folmer; Highway Sup't. Carl Bush; Planning Board member, Nick Renzi; Richard Schutz, Suit-Kote Corporation; Jeremy Boylan, Cortland County Historian; Representative of C.A.P.E.: Grace Meddaugh; Vittorio and Sandy Panzanella; Chris Farkas; George Ottenschot; Evan Geibel, News Reporter for the Cortland Standard; Sharon Stevans for Channel 2, Access TV. Supervisor Tupper called the meeting to order. The Draft Town Board Minutes of July 18, 2007, August 1, 2007, August 15, 2007, and the Special Town Board Minutes of August 9, 2007 and August 20, 2007, were presented to the Board for their review. RESOLUTION #178 AUTHORIZE PAYMENT OF VOUCHERS — SEPTEMBER 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 #472 - 494 $ 13,972.69 General Fund B B 103 - B 113 $ 4,484.53 Highway Fund DB D326 - D347 $ 65,678.37 Water Fund W168 - W189 $ 6,463.90 Sewer Fund S75 - S76 $ 8,425.36 Capital Projects H55 - H55 $ 972.00 Special Grant SG30 - SG31 $ 8,277.00 Supervisor Tupper offered privilege of the floor to Jeremy Boylan. Jeremy Boylan, Cortland County Historian, reported to the Board on the plans for the Cortland County Bicentennial. The Bicentennial Committee met several times and planned the following projects to celebrate the Bicentennial in 2008: 1. Bicentennial Parade — scheduled for September 13, 2008, in which each Town would be asked to create a float to represent its history. 2. Bicentennial Ball — scheduled for September 20, 2008 in Courthouse Park 3. Historical Supplement in the Cortland Standard to encompass all aspects of Cortland County history. 4. County -wide bell ringing — organize all churches in Cortland County to ring their church bells/chimes on April 8, 2008 for all County residents to hear. 5. Events being considered: fireworks celebration; a county -wide Heritage Weekend with all historical museums open to the public. Mr. Boylan hoped the Board could appropriate funds in the 2008 budget to help with the Bicentennial Parade. The Bicentennial Commmittee invited all community members to "remember the Sesquicentennial" and to hear the plans for the Bicentennial on September 19, 2007. n 1 197 SEPTEMBER 05, 2007 TOWN BOARD MEETING PAGE 2 Supervisor Tupper offered privilege of the floor to Councilman O'Donnell Councilman O'Donnell apprised the Board he attended the last Planning Board meeting and had difficulty hearing the members of the Planning Board speak, even though microphones were being used. Councilman O'Donnell advised members of the Board to speak directly into the microphones so that members of the audience could hear the discussion clearly. On another note, Councilman O'Donnell commented on an article in the Cortland Standard written by Mark Thorpe, son of prior Supervisor, Raymond Thorpe. The article was titled "Thorpe Opposed Wal-Mart Project." Councilman O'Donnell stated that while Supervisor Thorpe opposed the project in the beginning, he wasn't alive to see the project progress over the years with things such as the sand filtration system, the elimination of the Tire and Lube, the relocation of Bennie Road, etcetera. Councilman O'Donnell stated he changed his own vision and attitude regarding the Wal-Mart Supercenter project over the years as things developed, and was not sure "how in the world anybody could predict what somebody was going to do or how somebody was going to vote after they passed away and missed ... meetings." Supervisor Tupper offered privilege of the floor to Chris Farkas. Town resident, Chris Farkas, thanked Highway Sup't. Carl Bush and his highway department employees for doing such a wonderful job mowing the grass along the roadway on Sweeney Road. No further comments or discussion were heard. The monthly reports of the Town Clerk, Water & Sewer Dept., and the Code Enforcement Office for the month of August 2007, and for the Cortland County SPCA for the months of September 2006, October 2006, January 2007, February 2007, June 2007, and July 2007, were on the table for review and are filed in the Town Clerk's office. Under "Communications" Supervisor Tupper apprised the Board he received notification from the Cortland County Self Insurance Fund regarding the Town's rate for the year 2008. The Town of Cortlandville had one of the lowest "loss -ratio" of any Town/City in the County. In 2006, the Town filed $2,254.00 in Worker's Compensation Claims, while the County filed $360,000.00 in claims, and the City of Cortland filed $190,000.00 in claims. Supervisor Tupper sent a memo to all Town employees thanking them for their safety record, and notifying the employees that the Town would receive a reduction of $15,067.00 (21.2%) in the 2008 Workers Compensation Rate. Councilman Proud stated the "organizational culture" is managed well at the Town, and noted that a happy staff is less likely to file worker's compensation claims. Councilman Proud congratulated the staff for the decrease in the Worker's Compensation Rate, which was over $15,000.00 of taxpayer money that would not have to be spent in 2008. Councilman O'Donnell made a motion, seconded by Councilman Proud, to receive and file correspondence from William L. Baker notifying the Town of his intent to renew the liquor license for Night Owls Bar, located at 3840 US Route 11 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 Diana L. Graser, PE, New York State Department of Transportation, dated August 17, 2007, notifying the Town that the NYS DOT traffic engineers completed their review of the Renaissance Development (Davinci Drive, Madden Lane, Raphael Drive) and determined that an area speed limit of 30 mph would be appropriate. All voting aye, the motion was carried. SEPTEMBER 05, 2007 TOWN BOARD MEETING PAGE 3 Attorney Folmer reported: Starr Road and Vernon Drive Sewer Improvement Project — 2007: Attorney Folmer discussed splitting the bid for the Starr Road and Vernon Drive Sewer Improvement Project into two separate projects. In Attorney Folmer's opinion it would not be possible to split the bid. When the bids were submitted they were not submitted "project specific." The bids were submitted with the labor and materials that would be necessary to accomplish both projects. Town Engineer, Hayne Smith, extrapolated the items which he felt were attributed to each of the projects to determine the approximate costs. Code Violation — Village of McGraw: Attorney Folmer reported that he had the opportunity to look at the Zoning Violation of Daphine Talbot for property located at 4603 Route 41 in McGraw, which was referred to him by the Board at the August 15, 2007 Town Board Meeting. Attorney Folmer scheduled a meeting with CEO, Tom Williams to discuss the violation and the procedure that would be followed. Bonding Resolution: Attorney Folmer apprised the Board the 20-day permissive referendum time limit for the financing of the Expansion/Renovation of the Raymond G. Thorpe Municipal Building had not yet expired. Tax Certiorari Claims: Attorney Folmer informed the Board he received an acknowledgement from Judge Rumsey's office of the filing of the tax certiorari claims regarding property assessments. He recalled that about a year ago he and Assessor Briggs attended a meeting at the County Office Building in which the County expressed an interest in participating in the negotiating or the defense of the certiorari claims. Attorney Folmer stated it was clear that the claims were brought against the Town of Cortlandville and the Board of Assessment Review. Since the Town is the party in interest, the' Town makes the determinations as to whether or not the matter should be tried and determined, by the Court or that the matter should be settled. In the past the Town has been able to accomplish a compromise of the claims. However, the County's tax rate and tax base is affected by the determinations that the Board makes, as well as the School tax rate. Therefore, the County expressed an interest in overseeing and participating in the process of evaluating whether the Town should defend or compromise each claim. According to Attorney Folmer, neither the Town nor the County has adopted a policy that requires the Town to give notification. Also, the County never indicated whether they would help the Town financially with regard to a defense or a compromise of the claims. Unless the Board directed Attorney Folmer not to, he stated he would write the County Administrator regarding the certiorari proceedings that have been filed against the Town. He would also ask the County Administrator to advise as to what extent, if any, that the County wishes to participate. The Board did not object to Attorney Folmer corresponding with the County Administrator. RESOLUTION #179 REFER CODE VIOLATION OF STEVEN SOVOCOOL FOR PROPERTY LOCATED ON WEAVER ROAD TO THE TOWN ATTORNEY FOR REVIEW AND AUTHORIZE HIM TO PROCEED AS REQUIRED Motion by Councilman Testa Seconded by Councilman Proud VOTES: ALL AYE ADOPTED BE IT RESOLVED, the code violation of Steven Sovocool for property located on Weaver Road in the Town of Cortlandville, tax map parcel 987.04-01-01.000, is hereby referred to the Town Attorney for review,'and it is further RESOLVED, the Town Attorney is hereby directed to proceed with compliance, as required, and it is further 199 SEPTEMBER 05, 2007 TOWN BOARD MEETING PAGE 4 RESOLVED, correspondence from CEO, Tom Williams to Mr. Steven Sovocool, dated August 16, 2007 is hereby received and filed. RESOLUTION #180 AUTHORIZE PLANNING & ZONING OFFICER, BRUCE WEBER AND CEO, TOM WILLIAMS TO ATTEND THE NYS PLANNING FEDERATION CONFERENCE Motion by Councilman Testa Seconded by Councilman Proud VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby authorize Town Planning & Zoning Officer, Bruce Weber and Town Code Enforcement Officer, Tom Williams, to attend the NYS Planning Federation Conference in Saratoga Springs, New York, October 8, 2007 through October 9, 2007. Supervisor Tupper reported the CEO, Tom Williams scored #1 on the Broome County Civil Service Exam. Supervisor Tupper congratulated Mr. Williams and wished him well on the Cortland County Civil Service Exam. Councilman Testa made a motion, seconded by Councilman Proud, to receive and file the Cortland County Planning Board Recommendations, dated August 10, 2007, regarding the Aquifer Protection Permit application of the Groton Congregation of Jehovah's Witnesses. All voting aye, the motion was carried. Councilman O'Donnell made a motion, seconded by Councilman Proud, to receive and file Resolution #07-35 from the Cortland County Planning Board, dated August 15, 2007, regarding the Aquifer Protection Permit application of the Groton Congregation of Jehovah's Witnesses. All voting aye, the motion was carried. RESOLUTION 4181 SCHEDULE PUBLIC HEARING FOR AQUIFER PROTECTION PERMIT APPLICATION SUBMITTED BY GROTON CONGREGATION OF JEHOVAH'S WITNESSES Motion by Councilman Proud Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, a Public Hearing shall be scheduled for September 19, 2007 at 5:00 p.m. for an Aquifer Protection Permit application submitted by Groton Congregation of Jehovah's Witnesses, for property located on the north side of NYS Route 222 and south side of Sears Road, owned by Leland and Carolyn Davis, a portion of tax map #95.00-01-26.000. RESOLUTION #182 SCHEDULE PUBLIC HEARING FOR AQUIFER PROTECTION PERMIT APPLICATION SUBMITTED BY SUIT-KOTE CORPORATION — LORING CROSSING FACILITY Motion by Councilman Proud Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, a Public Hearing shall be scheduled for September 19, 2007 at 5:00 p.m., or as soon thereafter as may be heard, for an Aquifer Protection Permit application submitted by Suit-Kote Corporation — Loring Crossing Facility, for property located on the south side of Loring Crossing, tax map 477.00-01-22.000. zoo SEPTEMBER 05, 2007 TOWN BOARD MEETING PAGE 5 RESOLUTION #183 SCHEDULE PUBLIC HEARING FOR AQUIFER PROTECTION PERMIT APPLICATION SUBMITTED BY SUIT-KOTE CORPORATION — POLKVILLE FACILITY Motion by Councilman Proud Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, a Public Hearing shall be scheduled for September 19, 2007 at 5:00 p.m., or as soon thereafter as may be heard, for an Aquifer Protection Permit application submitted by Suit-Kote Corporation — Polkville Facility, for property located on US Route I I/NYS Route 41, owned by the Cortland County Industrial Development Agency, tax map #87.00-03-16.122. RESOLUTION #184 REFER AQUIFER PROTECTION PERMIT APPLICATION SUBMITTED BY LOWE'S HOME CENTERS, INC. 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 Lowe's Home Centers, Inc. for property located off NYS Route 13, tax map #95.20-02-01.000 & 02.000, shall be referred to the Town and County Planning Boards for their review and recommendations. There was discussion regarding closing documents between the Town and the State of New York for the conveyance of Town property (portion of Citizens Park parking lot), to the State for the NYS Route 281/Route 13 Project. The State requested the Town convey property to them for the purpose of widening the road. The Town would lose approximately 10-12 parking spaces, as well as the sign for Citizens Park. The State offered the Town $33,500.00 for the conveyance of the land, which Town Assessor, David Briggs agreed was a fair purchase price. RESOLUTION #185 AUTHORIZE SUPERVISOR TO EXECUTE CLOSING DOCUMENTS FOR THE CONVEYANCE OF TOWN PROPERTY TO THE STATE OF NEW YORK FOR THE NYS ROUTE 281/ROUTE 13 PROJECT Motion by Councilman Proud Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board hereby authorizes and directs the Supervisor to execute closing documents with the State of New York for the conveyance of a portion of Town property located at 3539 NYS Route 281, a portion of tax map #95.16-01-07.000, and 3537 NYS Route 281, a portion of tax map #95.16-01-05.000, for the purpose of expanding NYS Route 281 as part of the NYS Route 281/Route 13 Corridor Project, and it is further RESOLVED, the Town Board does hereby accept payment of $33,500.00 for the conveyance of said land from the State of New York. There was discussion regarding the Town's water and sewer lines beneath NYS Route 281/Route 13. Supervisor Tupper stated that the Town was in discussion with the NYS DOT regarding the water and sewer lines. The Town is not required to move the water and sewer lines. However, when the DOT digs the soil they will come within less than three feet of the pipes, which are between 40-60 years old. Supervisor Tupper stated the Town may have to plan to move some of the lines from the center of the pavement, and would have to include funds in the 2008 budget to do so. Councilman Proud apprised the Board the NYS DOT has indicated they intend to go to bid for Phase I of the corridor project in either November 2007 or February 2008. 201 SEPTEMBER 05, 2007 TOWN BOARD MEETING PAGE 6 RESOLUTION #186 ACCEPT RESIGNATION OF LONNA MAXSON AS SECRETARY TO THE TOWN HIGHWAY SUP'T. 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 Lonna Maxson as Secretary to the Highway Superintendent for the Town of Cortlandville, with deep regret, effective September 22, 2007, and it is further RESOLVED, the resignation is hereby received and filed. RESOLUTION #187 AUTHORIZE SUPERVISOR TO TRANSFER $972.00 FROM GENERAL FUND A TO THE HJ BUILDING FUND Motion by Councilman O'Donnell Seconded by Councilman Proud VOTES: ALL AYE ADOPTED WHEREAS, the Supervisor requested a transfer of funds from General Fund A to the Capital Project Building Fund, therefore BE IT RESOLVED, the Supervisor is hereby authorized and directed to transfer $972.00 from General Fund A to the Capital Project Building Fund, and it is further RESOLVED, that General Fund A will be reimbursed when the project is bonded. Supervisor Tupper stated there were a few errors- in a recent article in the Cortland Standard regarding the Town's aquifer plan and the testing of the Town's water supply. One error was that the Town was not receiving certain information about its water. Supervisor Tupper explained that testing is being done -on the Town and City wells. Data from the testing is used in the Town's annual water report, as well as in the City's annual water report. The data the Town has not received is from wells outside the public water supply. Supervisor Tupper commented that by the time there is a problem with a well, it is too late to do anything about it. The idea of the testing program is to find problems while the problems are years away from affecting the water supply. If the Town finds something in the well that will take 5 years to work its way into the Town water, the Town would have 5 years to correct the problem. Supervisor Tupper stated there was also a comment made regarding why the Town chose the County to conduct the study. Supervisor Tupper explained that the Federal, State, County, City and Town had a meeting and decided the Soil & Water Conservation District would be the best agency to conduct the study, as long as the Town was willing to pay for it. Supervisor Tupper commented on the increase in sodium levels in the water. He explained that Highway Sup't. Bush does not use 100% rock salt on the roads anymore. An 80/20 mix is used, which should help decrease the sodium levels. Councilman Proud noted that an increase in sodium is a trend that can be seen across the state. One of the contributors to the sodium levels is the fact that people drive in the winter. He explained that if you look at the edge of the NYS Thruway, there is a narrow strip of halophytic vegetation, which are plants that can live in a salt environment. The halophytic vegetation extends from Long Island across the state. Councilman Proud stated that to his knowledge there are only two places in upstate New York that have such vegetation naturally, one of which is a small area in Montezuma Wildlife Refuge where salt boils to the surface. While sodium levels found in the Town are not unusual in comparison to any other location in the State, the Town is concerned because it sits on the sole source aquifer. Councilman Proud commented that the testing of the wells was a huge step towards the Town's future. According to Supervisor Tupper, the first set of tests on the wells should be complete by the end of the year. SEPTEMBER 05, 2007 TOWN BOARD MEETING PAGE 7 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. *Note: The meeting was adjourned at 7:45 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 September 19, 2007. 1 I