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HomeMy WebLinkAbout09-03-2008SEPTEMBER 03, 2008 7:00 P.M. 157 1 1 1 PUBLIC HEARING NO. 1 LOCAL LAW OF 2008 AMENDMENT TO CHAPTER 155 TRANSIENT BUSINESS ORDINANCE 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, concerning the enactment of a Local Law amending Chapter 155, Transient Business Ordinance, of the Town of Cortlandville. 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; Julie Widger and Tom McCarthy from Lamont Memorial Library; Andrew, Daniel and Patricia Mones, Valley View Gardens; Louis Fiorentini; Harold Gibbs; Grace Meddaugh; News Reporter, Eric Mulvhill from WXHC; and Sharon Stevans for Channel 2, Access TV. Supervisor Tupper called the Public Hearing to order. Town Clerk, Karen Q. Snyder read aloud the published, posted and filed legal notice. Supervisor Tupper offered privilege of the floor to those in attendance. Dan Mones, owner of Valley View Gardens on Luker Road, thanked the Town Board and CEO Williams for taking the time to address his concerns regarding the Town's Transient Business Ordinance. He was pleased with the revisions. Louis Fiorentini apprised the Board that although he was retired, his son was still in the jewelry business. He objected to transient business merchants, who come into the community and take away from the taxpayers who spend their lives and money in the community. He was glad that the Board was reviewing the ordinance, but felt that the fees for a transient business were not adequate. He suggested the proposed fees be increased from $100/day to $200/day after the third day of operation. No further comments or discussion were heard. Councilman Testa made a motion, seconded by Councilman O'Donnell, to close the Public Hearing. All voting aye, the motion was carried. The Public Hearing was closed at 7:05 p.m. 158 SEPTEMBER 03, 2008 7:05 P.M. PUBLIC HEARING NO. 2 LOCAL LAW OF 2008 SNOW REMOVAL ORDINANCE 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, concerning the enactment of a Local Law, Snow Removal Ordinance, providing for the removal of snow, ice and other obstructions from the entire width of the sidewalk by the owner of any lot fronting upon any public street, alley, park or place within the Town of Cortlandville 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; Julie Widger and Tom McCarthy from Lamont Memorial Library; Andrew, Daniel and Patricia Mones, Valley View Gardens; Louis Fiorentini; Harold Gibbs; Grace Meddaugh; News Reporter, Eric Mulvhill from WXHC; and Sharon Stevans for Channel 2, Access TV. Supervisor Tupper called the Public Hearing to order. Town Clerk, Karen Q. Snyder read aloud the published, posted and filed legal notice. Supervisor Tupper offered privilege of the floor to those in attendance. No comments or discussion were heard. Councilman Proud 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 7:07 p.m. 1 1 SEPTEMBER 03, 2008 7:07 P.M. 159 1 1 1 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; Julie Widger and Tom McCarthy from Lamont Memorial Library; Andrew, Daniel and Patricia Mones, Valley View Gardens; Louis Fiorentini; Harold Gibbs; Grace Meddaugh; News Reporter, Eric Mulvhill from WXHC; and Sharon Stevans for Channel 2, Access TV. Supervisor Tupper called the Regular Meeting to order. Councilman Rocco was not in attendance due to a prior commitment. RESOLUTION #168 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 #444 - 463 $ 29,475.68 General Fund B B 140 - B 148 $ 14,991.27 Highway Fund DB D306 - D330 $ 38,824.68 Trust & Agency T9 - T10 $ 36,001.33 Water Fund W197 - W211 $ 51,246.47 Sewer Fund S 107 - S 110 $ 56,788.11 Supervisor Tupper offered privilege of the floor to Julie Widger from the Lamont Memorial Library. Councilman O'Donnell interjected and introduced Tom McCarthy, Chairman of the Library. Tom McCarthy and Julie Widger thanked the Board for its continued support and gave the Board an update on the Lamont Memorial Library and the services offered. They informed the Board that with the help of Tammy Sickmon, Coordinator, pilot programs were created and funded by a one-time contribution. In order to continue to offer the pilot programs at the same level as 2008, a $5000 increase to the annual contract with the Town was requested; the 2009 contract request was $20,357.00. Mrs. Widger explained the different programs to the Board, and submitted documentation supporting the information. Monthly reports of the Town Clerk, Supervisor, and Code Enforcement Office for the month of August 2008, and for the SPCA for the months of January through July 2008, were on the table for review and are filed in the Town Clerk's Office. Councilman Testa made a motion, seconded by Councilman O'Donnell, to receive and file correspondence from Planning and Zoning Officer, Bruce Weber, dated September 3, 2008, regarding amendments to the Transient Business Ordinance of the Town of Cortlandville. All voting aye, the motion was carried. 1(0 SEPTEMBER 03, 2008 TOWN BOARD MEETING PAGE 2 Councilman Testa suggested the Board table action on the proposed Local Law to allow time to review Planning/Zoning Officer Weber's comments. RESOLUTION #169 TABLE ACTION ON LOCAL LAW OF 2008 - AMENDMENT TO CHAPTER 155, TRANSIENT BUSINESS ORDINANCE UNTIL SEPTEMBER 17, 2008 Motion by Councilman Testa Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby table action on proposed Local Law of 2008, Amendment to Chapter 155, Transient Business Ordinance, until September 17, 2008, to allow time to review comments made by the Town Planning and Zoning Officer. There was discussion regarding the proposed Local Law of 2008 — Snow Removal Ordinance for the Town of Cortlandville. Attorney Folmer suggested the Board make a change to the proposed ordinance. In order to specify the way in which notice was to be given, he requested the Board insert the following language to the second paragraph of the ordinance: "After notice by certified mail return receipt requested ..." The change was not substantial, therefore the Board could take action on the Local Law. RESOLUTION #170 ADOPT LOCAL LAW NO. 3 OF 2008 — SNOW REMOVAL ORDINANCE Motion by Councilman Proud Seconded by Councilman O'Donnell VOTES: Supervisor Tupper Aye Councilman Testa Aye Councilman O'Donnell Aye Councilman Proud Aye Councilman Rocco Absent ADOPTED WHEREAS, a resolution was duly adopted by the Town Board of the Town of Cortlandville for a public hearing to be held by said Board to hear all interested parties on a proposed Local Law providing for the removal of snow, ice and other obstructions from the entire width of the sidewalk by the owner of any lot fronting upon any street, alley, park or place within the Town of Cortlandville, and WHEREAS, notice of said public hearing was duly published in the Cortland Standard, the official newspaper of the said Town, and posted at the Raymond G. Thorpe Municipal Building, 3577 Terrace Road, Cortland, New York, as required by law, and WHEREAS, said public hearing was duly held and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed Local Law, or any part thereof, and WHEREAS, the Town Board of the Town of Cortlandville, after due deliberation, finds it in the best interest of the Town to adopt said Local Law, NOW, THEREFORE, the Town Board of the Town of Cortlandville hereby adopts said Local Law as Local Law No. 3 of 2008, "Snow Removal Ordinance," a copy of which is attached hereto and made a part hereof, and the Town Clerk is directed to enter said Local Law in the minutes of this meeting and in the Local Law Book of the Town of Cortlandville, and to give due notice of the adoption of said Local Law to the Secretary of State. Be it enacted by the Town Board of the Town of Cortlandville as follows: 1 1 SEPTEMBER 03, 2008 TOWN BOARD MEETING PAGE 3 L 1 1 SNOW REMOVAL ORDINANCE It shall be the duty and responsibility of the owner of any lot fronting upon any public street, alley, park or place within the Town to maintain the entire width of the sidewalk in front of the premises and street crossing access on any corner lot, free and clear from snow, ice and other obstructions. Such removal shall be completed by 6:00 PM the day following the accumulation of snow or other obstruction. In the event of a continuous long-term snowfall and drifting of snow, removal shall be completed at a minimum of twenty-four hour intervals. After notice by certified mail with return receipt requested to the owner of a lot or parcel, the Town shall clear the area affected and the cost of such removal will be levied on the next Town and County Tax Bill. This local law shall be effective upon filing with the Secretary of State of the State of New York as required by law. There was discussion regarding the increase of Water/Sewer Rates commencing with the year 2009. A committee consisting of Councilman Proud, Water & Sewer Sup't. Alteri, Highway Sup't. Bush, Town Clerk Snyder, and Deputy Town Clerk LaPlant, conducted an extensive review of the rates and recommended that water rates should increase approximately $0.1511,000 gallons, while sewer rates should increase approximately $0.40/1,000 gallons. Councilman Proud suggested the Board adopt the new rates, which had not increased since 1994 (sewer) and 2002 (water). Town Clerk Snyder would notify all water/sewer customers of the new rates for 2009 by mail, and would remind customers again with the quarterly billing. Councilman O'Donnell suggested the Board review the rates on an annual basis. The Board agreed, and commented that the new water and sewer computer software would facilitate the review on a more frequent basis. RESOLUTION #171 ADOPT RESOLUTION TO ESTABLISH NEW WATER AND SEWER RATES EFFECTIVE JANUARY 1, 2009 Motion by Councilman Proud Seconded by Councilman Testa VOTES: ALL AYE ADOPTED WHEREAS, the Town Board authorized the adoption to change the water and sewer rates under Chapter 171, Article I, Section 171-7, therefore BE IT RESOLVED, the Water District Ordinance of the Town of Cortlandville, enacted September 30, 1957, and thereafter amended, is hereby further amended to provide the establishment of new water and sewer rates as follows: a) $1.90 per thousand (1,000) gallons of consumption per quarter, for all water consumed up to and including seven hundred thousand (700,000) gallons per quarter, with a minimum fee of $17.10 per quarter. b) $1.20 per thousand (1,000) gallons of consumption per quarter, for all water consumed in excess of seven hundred thousand (700,000) gallons per quarter. c) $2.94 per thousand (1,000) gallons of consumption per quarter, for all sewer consumed over 6,000 gallons, with a minimum fee of $17.64 per quarter. d) $1.47 per thousand (1,000) gallons of consumption per quarter, for all Industrial sewer customers. AND IT IS FURTHER, RESOLVED, the new water and sewer rates shall be effective January 1, 2009. 16 SEPTEMBER 03, 2008 TOWN BOARD MEETING PAGE 4 There was discussion regarding the increase in the water/sewer fee schedule. Councilman Proud apprised the Board he spoke with Water & Sewer Sup't. Alteri with regard to the increases. According to Sup't. Alteri, the new rates were a result of rising costs of brass and copper. The Town does not make a profit on the materials sold as they are sold for whatever the cost is to the Town. RESOLUTION #172 ADOPT WATER AND SEWER FEE SCHEDULE FOR MATERIALS, ADMINISTRATIVE FEES, AND SPRINKLER FEES EFFECTIVE SEPTEMBER 4, 2008 Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby adopt the Water and Sewer Department Fee Schedule as follows: WATER / SEWER FEE SCHEDULE Material Cost: • Meter Package (3/4meter valve, 5/8x3/4 water meter, 3/4 ball valve).................$230.25 • 5/8"x3/4" Water Meter........................................................................$151.25 • All other Meter Sizes..................................................................Call for Price • Watts Pressure Reducer Valve............................................................... $63.80 • %11 Dual Check Valve (back-flow)...........................................................$50.93 • %" Meter Valves (Angle, or Straight) ......................................................$56.00 • 3/4" Ball Valve.................................................................................. $23.00 • 1/4" K-copper...................................................................................$4.90/Ft • 1" Meter Valves (angle, or straight).........................................................$78.00 • 1" K-Copper..................................................................................$6.38/Ft • Load of Water (Up to 9,000 gallons)........................................................$50.10 Administrative Fees: • Residential Water Application...............................................................$25.00 • Residential Sewer Application.............................................................. $25.00 • Commercial/Industrial Water Application ................................................ $60.00 • Commercial/Industrial Sewer Application.................................................$60.00 • Inspection Fee.................................................................................$25.00 • Water Turn Off Fee...........................................................................$25.00 • After Working Hours — lhr/trip minimum . ................................................ $40.00 Sprinkler Fees: • Rate A 4" or Less ($50.gtr. for each additional)..................................$65.00/qtr • Rate B 5" to 7" ($50/qtr. for each additional).................................$90.00/qtr • Rate C 8" or more ($50/qtr. for each additional).......... ..............$120.00/qtr AND IT IS FURTHER, RESOLVED, the new fees shall be effective September 4, 2008. Town Clerk Snyder apprised the Board she received notification from the Cortland Country Club regarding intent to renew its liquor license. She requested the Board receive and file the correspondence. Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and file correspondence from William Moran, Club Manager, dated August 18, 2008 notifying the Town that the Cortland Country Club, Inc. filed application to renew its liquor license with the State of New York. All voting aye, the motion was carried. I (a SEPTEMBER 03, 2008 TOWN BOARD MEETING PAGE 5 Attorney Folmer reported: Easement: Attorney Folmer reported that Stephen Malchak executed the permanent easement and right -of way for construction of water mains for his property located on NYS Route 281. Mr. Malchak's brother, Gerald Malchak indicated that he would also sign the documents. Attorney Folmer would record the documents with the County Clerk as soon as possible. Bonding for Sewer Improvement Project and Water Improvement Project: With regard to Bonding for the Vernon Drive/Starr Road Sewer Improvement Project, and the Route 281/McLean Road Water Improvement Project, Attorney Folmer informed the Board it may be necessary to notify the property owners affected by the improvements by mail. According to a Decision made by an unknown court, if the Town planned to increase the water/sewer fees by a significant amount, in addition to the publication of the legal notice the Town was also required complete a direct mailing to all those affected by the increase. Attorney Folmer felt there was exculpatory language that would alleviate the Town from completing the mailing, but wanted to verify it with Bond Counsel. Legal Publications: Attorney Folmer requested reimbursement for several legal publications that he purchased for the Town. RESOLUTION #173 AUTHORIZE SUPERVISOR TO REIMBURSE TOWN ATTORNEY FOR THE COST OF LEGAL PUBLICATIONS PURCHASED FOR THE TOWN Motion by Councilman Proud Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to reimburse Town Attorney, John B. Folmer for the cost of legal publications purchased on behalf of the Town, subject to submittal of a voucher indicating the exact cost. Bar Association Meeting: Attorney Folmer apprised the Board he was a member of the Municipal Law Section of the New York State Bar Association. He requested authorization to attend the Annual Fall Meeting in Cooperstown, New York on October 10-12, 2008. Attorney Folmer stated he would verify the available funds in his contractual account before registering for the event. RESOLUTION #174 AUTHORIZE TOWN ATTORNEY TO ATTEND THE ANNUAL MEETING OF THE MUNICIPAL LAW SECTION, NEW YORK STATE BAR ASSOCIATION TO BE HELD IN COOPERSTOWN, NEW YORK Motion by Councilman Proud Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby authorize and direct Town Attorney, John B. Folmer to attend the Annual Meeting of the Municipal Law Section of the New York State Bar Association, to be held in Cooperstown, New York, October 10, 2008 through October 12, 2008. 1(4 SEPTEMBER 03, 2008 TOWN BOARD MEETING PAGE 6 RESOLUTION #175 SCHEDULE PUBLIC HEARING FOR AQUIFER PROTECTION PERMIT SUBMITTED BY INTERTEK TESTING SERVICES NA, INC. Motion by Councilman Proud Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, a Public Hearing shall be scheduled for September 17, 2008 at 5:00 p.m. or as soon thereafter as the parties may be heard, for an Aquifer Protection Permit application submitted by Intertek Testing Services NA, Inc., for property located on the south side of US Route 11, tax map #87.00-03-17.100 & 87.00-03-20.000. Supervisor Tupper apprised the Board that after conducting an audit of the Town's utility services, Troy & Banks suggested the Town go out to bid for it's electric service, to accept the lowest bidder, and to execute a contract for electric services. Hudson Energy Services LLC submitted the lowest bid for the utility service. By authorizing the contract, the Town would be locked in at the rate of $0.09650 per kilowatt hour. Supervisor Tupper explained that the locked - in rate was about 3/10 of a cent less than the Town was currently paying. He projected considerable savings to the Town for next year. RESOLUTION #176 AUTHORIZE SUPERVISOR TO EXECUTE A ONE-YEAR CONTRACT WITH HUDSON ENERGY SERVICES LLC FOR PROVIDING ELECTRIC UTILITIES TO THE TOWN OF CORTLANDVILLE Motion by Councilman Testa Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to execute a one-year contract with Hudson Energy Services LLC for providing electric utility services to the Town of Cortlandville, at a locked rate of $0.09650 per kilowatt hour. RESOLUTION 9177 AUTHORIZE SUPERVISOR TO EXECUTE CONTRACT WITH THOMA DEVELOPMENT CONSULTANTS TO PROVIDE GRANT WRITING SERVICES FOR THE 2008 SMALL CITIES CDBG FOR ECONOMIC DEVELOPMENT FOR EMPIRE AGRIFUEL Motion by Councilman Proud Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to execute the contract with Thoma Development Consultants to provide grant writing services in relation to a 2008 Small Cities Community Development Block Grant (CDBG) Economic Development for Empire Agrifuel, in an amount not to exceed $5,500.00. RESOLUTION #178 AUTHORIZE SUPERVISOR TO EXECUTE CONTRACT WITH THOMA DEVELOPMENT CONSULTANTS TO PROVIDE GRANT WRITING SERVICES FOR THE 2009 STATE ARCHIVES GRANT FOR A LEAK DETECTION SYSTEM FOR TOWN WATER & SEWER DEPARTMENT Motion by Councilman O'Donnell Seconded by Councilman Proud VOTES: ALL AYE ADOPTED 1 ,165 SEPTEMBER 03, 2008 TOWN BOARD MEETING PAGE 7 BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to execute the contract with Thoma Development Consultants to provide grant writing services in relation to the 2009 State Archives Grant application for a Leak Detection System for the Town Water & Sewer Department. Councilman Proud made a motion, seconded by Councilman O'Donnell, to receive and file correspondence from Diana L. Graser, P.E., Regional Traffic Engineer for the New York State Department of Transportation, dated August 25, 2008, acknowledging Town's request for a lower speed limit on Starr Road, between Route 13 and Page Green Road. All voting aye, the motion was carried. Councilman Proud made a motion, seconded by Councilman O'Donnell, to receive and file correspondence from Todd Markevicz, APD Engineering & Architecture, PLLC, dated August 28, 2008, regarding the approved Aquifer Protection Permit of Wal-Mart Supercenter and the required documentation for the project. All voting aye, the motion was carried. The Board noted that item 48 in the letter, which requested the Board to adopt a resolution accepting the Escrow Agreement for the Fairview Drive Improvements, was adopted at the July 16, 2008 Town Board Meeting as Resolution #146. RESOLUTION #179 AUTHORIZE SUPERVISOR TO EXECUTE CONTRACT WITH CLOUGH HARBOUR & ASSOCIATES LLP TO PROVIDE ENGINEERING SERVICES FOR THE PROPOSED WATERLINE EXTENSION TO THE POLKVILLE AREA Motion by Councilman Proud Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED WHEREAS, as a result of being denied for the 2007 Environmental Protection Fund Grant Application for the Polkville Hamlet Water Project due to the lack of supporting engineering documentation, the Board determined it would be prudent to engage the services of an engineering firm to complete a study, therefore BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to execute a contract with Clough Harbour & Associates LLP to provide professional engineering services for the preparation of a preliminary engineering report for the proposed extension of water to the Polkville area, in an amount not to exceed $12,800.00. RESOLUTION #180 AUTHORIZE HIGHWAY SUP'T. TO SEND SURPLUS EQUIPMENT TO ROY TEITSWORTH MUNICIPAL AUCTION IN LANSING, NEW YORK ON SEPTEMBER 13 2008 Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby authorize and direct the Highway Sup't. to send the following surplus equipment to Roy Teitsworth Municipal Auction in Lansing, New York on September 13, 2008: - One 1995 Chevy Extended Cab Pickup 4x4, 5.0 V8, Automatic 105,647 miles, s/n 2GCFK29K3S1266513 - One 1995 Chevy Extended Cab Pickup 4x4, 5.0 V8, Automatic 91,169 miles, s/n 2GCFK29KOS1266050 - One 1991 International 6 Wheel Dump Truck S-2674, Cummins NTC-315 Engine with Jake Brake, 8-Speed Transmission 133,473 miles, s/n 1HTGKG3ROMH302667 - One 1975 Brockway 6 Wheel Dump Truck, Cummins NTC-250 Engine with Jake Brake, Main Transmission Fuller T0905C with Auxiliary Spicer P-8341D 163,679 miles, s/n 1594 1(60 SEPTEMBER 03, 2008 TOWN BOARD MEETING PAGE 8 Councilman O'Donnell questioned the location of the informational meeting regarding wind power. Supervisor Tupper reported that the meeting would be held at on September 10, 2008 at 7:00 p.m. at the Cortlandville Fire Department. Councilman O'Donnell questioned whether the Town was going to participate in the Bicentennial Parade, to be held September 13, 2008. Attorney Folmer reported that he spoke with Councilman Rocco regarding the float. Councilman Rocco spoke with the Town's insurance company because he was concerned regarding the Town's liability. The Town of Cincinnatus was recently involved in a lawsuit regarding an adolescent who fell from a float. Attorney Folmer indicated that if the Town's equipment was used for the parade it would be covered by insurance. Councilman Rocco would be contacted regarding the status of the float. No further comments or discussion were heard. Councilman O'Donnell 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 thdr review on October 1, 2008. 1