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HomeMy WebLinkAbout02-04-2009ZLiL FEBRUARY 04, 2009 5:00 P.M. TOWN BOARD MEETING The Regular 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 Tupper Councilman, Theodore Testa Councilman, Edwin O'Donnell Councilman, Ronal Rocco Councilman, John Proud Town Clerk, Karen Q. Snyder Others present were: Town Attorney, John Folmer; Highway Sup't. Carl Bush; Attorney, Kelly Pronti from Harter Secrest & Emery; Todd Markevicz from APD Engineering; and News Reporter, Eileen Hughes from the Cortland Standard. Supervisor Tupper called the meeting to order. RESOLUTION #34 AUTHORIZE PAYMENT OF VOUCHERS - FEBRUARY Motion by Councilman Rocco 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 #49 - 79 $ 91,543.93 General Fund B B 11 - B21 $106,080.73 Highway Fund DB D39 - D51 $ 52,798.16 Trust & Agency T5 - T6 $ 7,156.21 Capital Project H1 -HI $ 90.00 Water Fund W19 - W35 $268,734.78 Sewer Fund S10 - S17 $293,532.48 Supervisor Tupper offered privilege of the floor to those in attendance. No comments or discussion were heard. The monthly reports of the Town Clerk, Tax Collector, and Water & Sewer Department for the month of January 2009, and for the Town Justice for the month of December 2008, were on the table for review and are filed in the Town Clerk's office. RESOLUTION #35 ACCEPT ANNUAL REPORT OF TOWN RMO AND SCHEDULE OF DISPOSED RECORDS IN 2008 IN ACCORDANCE WITH THE RETENTION AND DISPOSITION SCHEDULE Motion by Councilman Rocco Seconded by Councilman Proud VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby accept the Annual Report of the Records Management Officer of the Town, including a list of the disposed records in 2008, in accordance with the Records Retention Disposition Schedule, MU-1. Councilman Rocco reported that he audited the books for the Highway Department/Water & Sewer Department and found everything to be in order. Zy7 FEBRUARY 04, 2009 TOWN BOARD MEETING PAGE 2 Supervisor Tupper reported he received a communication from a representative group from Leadership Cortland 2009, a community leadership development program sponsored by the Cortland County Chamber of Commerce and Tompkins Cortland Community College. The leadership group was working on a community action project titled "Making the Connection", with a focus on increasing awareness, participation, and involvement of the community. The leadership group met with Supervisor Tupper, Mayor Gallagher, and Cortland County Legislative Chair John Daniels, and asked for consideration for a 5-10 minutes time slot to be added to each of their televised meetings for an informative presentation from a local not -for - profit organization or service agency. After discussion, the representatives from the Town, City and County agreed that to avoid increasing the length of their regular meeting agendas, the organizations could make a presentation prior to the meetings. The presentation would then be televised in conjunction with the regularly scheduled meeting as a "commercial". Councilman Rocco felt that the leadership group's idea was excellent as more community members are watching the televised Board meetings rather than attending. He also noted that there are many organizations within the community that are not well known or utilized by those who could be utilizing the services. Supervisor Tupper apprised the Board he received a communication from Time Warner Cable notifying customers of upcoming rate changes. A communication was also received from Kay Zaharis, Director of the Cortland Free Library, thanking the Board for their support regarding the collection of a new library tax on the school tax bills. Because of the new tax, the Town of Cortlandville no longer has the responsibility of fulfilling the Cortland Free Library annual contract. Town Clerk Snyder apprised the Board she received notification from the Cortland Country Club, Inc., Walden Oaks Country Club, Inc., and Willowbrook Golf Club, Inc. regarding their intent to apply for or renew their liquor licenses. Councilman Rocco made a motion, seconded by Councilman Testa, to receive and file correspondence from the following organizations regarding their intent to apply for or renew their liquor licenses: Cortland Country Club, Inc. (dated January 26, 2009), property located at 4514 NYS Route 281; Walden Oaks Country Club, Inc. (dated February 3, 2009), property located at 3369 Walden Oaks Blvd.; and Willowbrook Golf Club, Inc. (dated February 2, 2009), property located at 3267 NYS Route 215. All voting aye, the motion was carried. Town Clerk Snyder apprised the Board she received notification from the Town of Dryden regarding two scheduled public hearings for Land Subdivision & Regulation Amendments, and Zoning Ordinance Amendments. The public hearings would be held on February 11, 2009 at 7:15 p.m. and 7:30 p.m. Attorney Folmer advised the Board that because a portion of the subject premises adjoins the Town of Cortlandville, the Town of Dryden was required to notify the Town. Councilman Rocco apprised the Board there would be upcoming meetings regarding natural gas lines and drilling within the County. He requested the Board allow him to attend the meetings on behalf of the Town and report back to the Board. RESOLUTION #36 ACKNOWLDEGE RECEIVING NOTICE OF CLAIM FROM MARY E. TANGUAY AGAINST THE TOWN OF CORTLANDVILLE Motion by Councilman Rocco Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby acknowledge, by receiving and filing, the Notice of Claim from Mary E. Tanguay against the Town of Cortlandville for damages sustained due to a motor vehicle accident involving a Town employee. Z14a FEBRUARY 04, 2009 TOWN BOARD MEETING PAGE 3 Town Clerk and Tax Collector Snyder reported that over 80% of the total tax warrant was collected during the month of January. The majority of payments were made the last week of the month, which resulted in a very busy Town Clerk's office. The Town and the Cortlandville Fire District were paid in full. Also, a check was sent to the Cortland County Treasurer. Town Clerk Snyder announced that taxes would be collected through June lst, with penalties, at which point they would be turned over to the County Treasurer for collection. Attorney Folmer reported: Amendment to Local Law No. 1 of 2007 to include Provision for Lockboxes: Attorney Folmer apprised the Board he would present them with a proposed amendment to Local Law No. 1 ' of 2007, "Administration & Enforcement of the New York State Uniform Fire Prevention & Building Code" at the next meeting. The amendment would add a provision for lockboxes to the Town's Fire Prevention Code, which was inadvertently removed with the adoption of Local Law No. 1 of 2007. The amendment would also provide a method by which unpaid fire inspection fees could be relevied on the Town and County tax bill. RESOLUTION #37 . ACKNOWLEDGE EXTENSION OF TIME FROM THE NYS COMPTROLLER' S OFFICE FOR FILING THE 2008 ANNUAL FINANCIAL REPORT (AUD) Motion by Councilman Proud Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby acknowledge the 60-day extension of time from the NYS Comptroller's Office for filing the Supervisor's 2008 Annual Financial Report AUD). RESOLUTION #38 AUTHORIZE TOWN CLERK TO ADJUST SEWER CHARGES FOR FOURTH QUARTER BILLING OF EUGENE AND RHONDA WALDBAUER, PROPERTY LOCATED AT 1204 STARR ROAD Motion by Councilman Rocco Seconded by Councilman Testa VOTES: ALL AYE ADOPTED WHEREAS, a request was received from Eugene and Rhonda Waldbauer to forgive a portion of the sewer charges for their property located at 1204 Starr Road, Account #194, due to a water leak, and WHEREAS, due to the water leak the total consumption measured at 98,000 gallons, which did not actually go through the sewer lines, and WHEREAS, the Water & Sewer Department reviewed the request and the Water & Sewer Sup't. recommended the Waldbauer's sewer charges be adjusted by a reduction of $219.03, based on their average consumption over the past four quarterly billing periods, therefore BE IT RESOLVED, the Town Board does hereby authorize and direct the Town Clerk to adjust' the fourth quarter billing sewer charges for Account #194, Eugene and Rhonda Waldbauer, property located at 1204 Starr Road, and it is further RESOLVED, the correspondence from Eugene and Rhonda Waldbauer, received January '22, 2009, is hereby received and filed. 1 1 11 �y9 FEBRUARY 04, 2009 TOWN BOARD MEETING PAGE 4 There was discussion regarding the request of Derrick Beaumont to remove and refund the Water Benefit Tax unit charge (1.40 units) for his property located at 1134 NYS Route 13. The water service hookup is more than 230 ft. from the property, and has no road frontage. The property is connected to a private well and septic. Supervisor Tupper apprised the Board he spoke with Assessor Briggs who advised him that a reimbursement for prior years charges, which Mr. Beaumont was requesting, is not common practice. At the time the water benefit tax was applied to the property, the public was informed via correspondence and public hearings. Councilman Rocco commented that if the charges were erroneous the Town should be responsible for reimbursing Mr. Beaumont. He suggested Attorney Folmer review the matter. Attorney Folmer stated he was not sure whether the Town could reimburse Mr. Beaumont for Water Benefit tax charges of prior years, but would look into the matter and report back to the Board at the next meeting. Supervisor Tupper stated he spoke with Mr. Beaumont regarding the matter, and would contact him again to advise him of the action being taken. RESOLUTION 439 TABLE ACTION REGARDING THE REQUEST OF DERRICK BEAUMONT TO REMOVE AND REFUND THE WATER BENEFIT TAX UNIT CHARGE FOR PROPERTY LOCATED AT 1134 NYS ROUTE 13 Motion by Councilman Proud Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby table action regarding the request of Derrick Beaumont to remove the Water Benefit tax unit charge for his property located at 1134 NYS Route 13 (Aftermarket Effects, LLC) tax map #96.09-03-04.000, until February 18, 2009 to allow time for the Town Attorney to speak with the Town Assessor, and it is further RESOLVED, correspondence from Derrick Beaumont dated January 6, 2009 and January 30, 2009 is hereby received and filed. There was discussion regarding the request made by Highway Sup't. Bush to increase the maximum amount of money allowed in the Highway Equipment Capital Reserve Fund. At the end of 2008, the reserve fund, which was created in 1982, was at its maximum level. Highway Sup't. Bush was therefore required to roll 2008 funds into the 2009 general fund. Attorney Folmer apprised the Board that when the reserve was created a permissive referendum was required. He was not sure whether or not the action to increase the amount allowed in the reserve would be subject to permissive referendum, and therefore requested the Board table action until February 18, 2009. RESOLUTION #40 TABLE ACTION REGARDING THE AUTHORIZATION TO INCREASE THE HIGHWAY EQUIPMENT CAPITAL RESERVE FUND Motion by Councilman Proud Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby table action regarding authorization to increase the Highway Equipment Capital Reserve Fund, to allow time for the Town Attorney to review the process by which the reserve fund can be increased. There was discussion regarding the request from APD Engineering and Architecture, on behalf of Wal-Mart Stores East, LP, to accept the required documentation for the Wal-Mart Supercenter. Per the adopted Aquifer Protection Permit, the applicant was required to provide certain documentation to the Town for review and approval prior to construction. Supervisor Tupper commented that the only item lacking was the acceptance of the Bennie Road dedication, which could not be accepted until after the road was complete. Z!0 FEBRUARY 04, 2009 TOWN BOARD MEETING PAGE 5 Attorney Kelly Pronti, representing Wal-Mart Stores East, LP presented the Board with a Resolution to accept required documentation as per the adopted Aquifer Protection Permit for Wal-Mart Supercenter. After the agreement was signed, a check would be submitted to the Town for the escrow agreement for Fairview Drive improvements. With regard to the dedication of Bennie Road, Supervisor Tupper questioned what the next steps were, since the Town would not accept the dedication until the road was complete. Todd Markevicz from APD Engineering stated he would ask Highway Sup't. Bush to review the final set of plans for the road and to give his final approval. APD Engineering did not have a permit from the NYS DOT but anticipated a permit would be issued by the end of the month. Mr. Markevicz agreed that the dedication of Bennie Road would not be done until the road was constructed. He also mentioned that the Wal-Mart Supercenter project, including the road, would be complete within 9 months after construction commenced. Attorney Folmer apprised the Board the proposed Resolution did not discuss the dedication of Bennie Road or the escrow agreement, which was already adopted (Resolution #146 of 2008). He explained that the Resolution acknowledged accepting items 176 from the letter dated August 28, 2008 from APD Engineering to the Town. In addition, Mr. Markevicz provided the Board with' a letter dated January 27, 2009 from the New York State Department of Environmental Conservation regarding the Stormwater Pollution Prevention Plan and the SPDES General Permit for Stormwater Discharges from Construction Activity. The Board would provide CEO Williams with the correspondence. RESOLUTION #41 ACCEPT THE UPDATED STORMWATER MANAGEMENT CALCULATIONS, UPDATED STORMWATER MANAGEMENT SYSTEM MAINTENANCE PLAN, SPILL RESPONSE PLAN, SPILL PREVENTION, CONTROL AND COUNTERMEASURES PLAN, SAMPLING AND ANALYSIS GROUNDWATER MONITORING PLAN, SWPP AS MODIFIED, STORMWATER FACILITIES ACCESS AND MAINTENANCE AGREEMENT AND THE MONT]:'ORING WELL ACCESS AGREEMENT AND AUTHORIZE THE SUPERVISOR TO SIGN SUCH EASEMENT AND AGREEMENTS ON BEHALF OF THE TOWN OF CORTLANDVILLE Motion by Councilman Rocco Seconded by Councilman Testa VOTES: ALL AYE ADOPTED WHEREAS, Wal-Mart Stores East, LP ("Wal-Mart") is the owner of certain real property identified as Tax Parcel Identification Number 105.00-01-22.211 the ("Wal-Mart Tract"); and WHEREAS, Wal-Mart Real Estate Business Trust submitted a Planned Unit Development application (the "PUD Application") to the Town of Cortlandville Town Board (The "Town Board") to construct 'a Wal-Mart Supercenter on the Wal-Mart Tract (the "Project"); and WHEREAS, the Town Board, acting as State Environmental Quality Review Act ("SEEQRA") Lead Agency, engaged in a lengthy review process which culminated in the issuance of a SEQRA Findings Statement adopted by the Lead Agency; and WHEREAS, on December 6, 2006, the Town Board concluded its SEQRA review of the Project and adopted a SEQRA Findings Statement, concluding that the proposed Project would not have any adverse environmental impacts that could not be mitigated; and WHEREAS, by resolution dated March 6, 2007, the Town Board approved the PUD Application and designated the Wal-Mart Tract a Commercial PUD; and WHEREAS, The Town Board referred the PUD Application and final site plan (the "Site Plan") to the Town of Cortland Planning Board (the "Planning Board"); and WHEREAS, by resolution dated July 31, 2007, the Planning Board granted Wal-Mart final site plan and subdivision approval ("Site Plan Approval"); and zsz FEBRUARY 04, 2009 TOWN BOARD MEETING PAGE 6 WHEREAS, by resolution dated August 16, 2007 the Town Board issued an Aquifer Protection Permit; and WHEREAS, as a condition to the Aquifer Protection Permit, Wal-Mart must submit, and the Town Board must review and approve the updated stormwater management calculations, updated stormwater management system maintenance plan, spill response plan, spill prevention, control and countermeasures plan, sampling and analysis groundwater monitoring plan, and stormwater pollution prevention plan ("SWPP"); and WHEREAS, on August 28, 2008, Wal-Mart submitted to the Town Board for its review and consideration the updated stormwater management calculations, updated stormwater management system maintenance plan, spill response plan, spill prevention, control and countermeasures plan, sampling and analysis groundwater monitoring plan and the SWPP; and WHEREAS, The Town Board, after due review and consideration deems it appropriate to accept the updated stormwater management calculations, updated stormwater management system maintenance plan, spill response plan, spill prevention, control and countermeasures plan, sampling and analysis groundwater monitoring plan, and SWPP; and WHEREAS, the Town Board acknowledges that the SWPP reviewed and accepted by this Board on the date hereof may be slightly modified before and during construction and the Town Board agrees that the condition in the Aquifer Protection Permit is satisfied so long as Wal-Mart provides the Town of Cortlandville Building Inspector with a copy of the modified SWPP; and WHEREAS, as a condition to the Aquifer Protection Permit, Wal-Mart must provide the Town with a Stormwater Facilities Access and Maintenance Agreement; and WHEREAS, on August 28, 2008, Wal-Mart submitted to the Town Board for its review and consideration a Stormwater Facilities Access and Maintenance Agreement; and WHEREAS, the Town Board, after due review and consideration, deems it appropriate to enter into the Stormwater Facilities Access and Maintenance Agreement; and WHEREAS, as a condition to the Aquifer Protection Permit, Wal-Mart must provide the Town with a Monitoring Well Access Agreement; and WHEREAS, on August 28, 2008, Wal-Mart submitted to the Town Board for its review and consideration a Monitoring Well Access Agreement; and WHEREAS, the Town Board, after due review and consideration, deems it appropriate to enter into the Monitoring Well Access Agreement; and NOW THEREFORE, BE IT RESOLVED, that the Town of Cortlandville Town Board hereby accepts the updated stormwater management calculations, updated stormwater management system maintenance plan, spill response plan, spill prevention, control and countermeasures plan, sampling and analysis groundwater monitoring plan, SWPP as modified, Stormwater Facilities Access and Maintenance Agreement and the Monitoring Well Access Agreement and further authorizes Richard Tupper to sign such easement and agreements on behalf of the Town of Cortlandville. RESOLUTION #42 AUTHORIZE SUPERVISOR TO SIGN THE 2009 MUNICIPAL CONSULTING AGREEMENT WITH CLOUGH, HARBOUR & ASSOCIATES LLP. Motion by Councilman Rocco Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to sign the 2009 Municipal Consulting Agreement with Clough, Harbour & Associates LLP. Z5Z FEBRUARY 04, 2009 TOWN BOARD MEETING PAGE 7 RESOLUTION #43 ACCEPT RESIGNATION FROM KEIRA WEBER, PART-TIME CLERK Motion by Councilman Rocco Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, the letter of resignation from Keira Weber, Part-time Clerk, is hereby accepted, effective January 25, 2009, and shall be received and filed. RESOLUTION #43-A AUTHORIZE TOWN CLERK TO HIRE EMILY S. WEBER TO FILL THE VACANT PART-TIME CLERK POSITION Motion by Councilman Rocco Seconded by Councilman Testa VOTES: ALL AYE ADOPTED RESOLVED, the Town Board does hereby authorize the Town Clerk and Records Management Officer to hire Emily S. Weber, 1174 Long Road, Homer, New York to fill the vacant Part-time Clerk position for the purpose of scanning town records, effective January 24, 2009 at &a hourly wage of $8.25. RESOLUTION 444 AUTHORIZE CHANGE ORDER #9 FROM VACRI CONSTRUCTION FOR THE STARR ROAD/VERNON DRIVE SEWER IMPROVEMENT PROJECT Motion by Councilman Rocco Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to execute Change Order #9 from Vacri Construction in the amount of $5,754.42 for the Starr Road./Vernon Drive Sewer Improvement Project. RESOLUTION #45 AUTHORIZE CHANGE ORDER #13 FROM VACRI CONSTRUCTION FOR THE NYS ROUTE 281/MCLEA].V ROAD WATER IMPROVEMENT PROJECT Motion by Councilman O'Donnell Seconded by Councilman Proud VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to execute Change Order #13 from Vacri Construction in the amount of $2,030.45 for the NYS Route 281/McLean Road Water Improvement Project. RESOLUTION 446 ACCEPT ANNUAL REPORT OF TOWN CODE ENFORCEMENT OFFICER Motion by Councilman Proud Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Annual Report of the Town Code Enforcement Officer for the year 2008 is hereby accepted, and shall be received and filed. Z53 FEBRUARY 04, 2009 TOWN BOARD MEETING PAGE 8 No further comments or discussion were heard. Councilman O'Donnell a motion, seconded by Councilman Testa, to recess the Regular Meeting to an Executive Session to discuss a personnel matter. All voting aye, the motion was carried. The meeting was recessed at 5:30 p.m. The following information was received from the Supervisor's office. Councilman Testa made a motion, seconded by Councilman O'Donnell, to adjourn the Executive Session and reconvene to the Regular Meeting. All voting aye, the motion was carried. No action was taken. Councilman O'Donnell made a motion, seconded by Councilman Testa, to adjourn the Regular Meeting. All voting aye, the motion was carried. The meeting was adjourned at 5:45 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 February 18, 2009. The final version of this meeting was approved as written at the Town Board meeting of April 15, 2009.