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Home My WebLink About12-03-2003S07 DECEMBER 03, 2003 7:00 P.M. TOWN BOARD MEETING The Regular Meeting of the Town Board of the Town of Cortlandville was held at the Town Hall, 3577 Terrace Road, Cortland, New York, with Supervisor Thorpe presiding. Members present: Absent: Supervisor, Raymond Thorpe Councilman, Theodore Testa Councilman, Edwin O'Donnell Councilman, Ronal Rocco Town Clerk, Karen Q. Snyder Councilman, John Pilato Others present were: Town Attorney, John Folmer; Highway Sup't. Carl Bush; Planning Board Member, Nick Renzi; James Trasher of Clough, Harbour & Associates; Town Engineer, Hayne Smith; Deputy Town Clerk, Kristin Rocco; and Resident, Glen Petaja. Supervisor Thorpe called the meeting to order. Supervisor Thorpe offered privilege of the floor to those in attendance. Planning Board member, Nick Renzi congratulated Attorney Folmer for an extraordinary job well done regarding the Rerob, LLC case. The Board, and those in attendance, applauded Attorney Folmer. Monthly reports for the Town Clerk for November 2003, and for the SPCA for October 2003, are on the table for review and filed in the Town Clerk's office. Town Clerk Snyder requested permission to dispose of obsolete computer equipment including obsolete computer software. The computer equipment was given to Davelle Office Equipment on trade, when three desktop computers and one laser printer were purchased. RESOLUTION #215 AUTHORIZE AND DIRECT THE TOWN CLERK TO DISPOSE OF OBSOLETE COMPUTER EQUIPMENT AND SOFTWARE Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE ADOPTED WHEREAS, the Town Clerk purchased new computer equipment and software to replace obsolete equipment for the Town Clerk's office, therefore BE IT RESOLVED, the Town Board does hereby authorize and direct the Town Clerk to dispose of obsolete computer equipment and software as follows: 1211-6-TC Base 2001-4-TC Key Board 2001-2 BKKP Key Board 1211-5-TC Base 1211-4-TC Base 2512-7-TC Printer 2001-7-TC Key Board 2 Keyboards TC with no fixed asset number 1 Base TC with no fixed asset number 2 Printers TC with no fixed asset number 3 Monitors TC with no fixed asset number AND IT IS FURTHER RESOLVED, a detailed disposition list of the obsolete computer software and manuals is on file in the Town Clerk's Office. DECEMBER 03, 2003 TOWN BOARD MEETING PAGE 2 Town Clerk Snyder apprised the Board Attorney Folmer received a letter from the NYS DOT regarding the speed limit on McLean Road. The DOT stated it would initiate a new speed limit study of McLean Road and report the findings and recommendations to the Town. Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and file correspondence from Regional Traffic Engineer, George A. Doucette, P.E. of the New York State Department of Transportation, regarding the speed limit on McLean Road. All voting aye, the motion was carried. RESOLUTION #216 ACKNOWLEDGE RECEIVING "DECISION AND ORDER" REGARDING REROB. LLC. vs. TOWN OF CORTLANDVILLE Motion by Councilman Rocco Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby acknowledge, by receiving and filing, the "Decision and Order" from Honorable William F. O'Brien, III regarding Rerob, LLC. vs. the Town of Cortlandville. Attorney Folmer reported: Cortland Sports Complex: Attorney Folmer apprised the Board the Assignment for the grant relating to the Cortland Sports Complex was executed by the Mayor of Cortland and by Supervisor Thorpe prior to the Board meeting. He stated he would deliver the Assignment to Attorney Armstrong after the meeting. Rerob, LLC.: Attorney Folmer thanked Councilman Testa for his thoughtful comments to the Cortland Standand. However, he stated a lot of the credit should go to James Trasher and Clough, Harbour & Associates. Although Attorney Folmer made the arguments in court, he stated the arguments were developed in conjunction with the work that James Trasher had done to put together the process of SEQR and the engineering data. In the Decision, it was Mr. Trasher's correspondence that raised the issues. Attorney Folmer stated he would take the credit for what he did in court, but stated it was Mr. Trasher who should be given the credit for providing Attorney Folmer with the information needed to do so. Attorney Folmer apprised the Board there is an absolute right for Rerob, LLC. to appeal the decision to the Appellate Division of the Supreme Court in Albany. Counsel for Rerob, LLC. has thirty days to file a notice of appeal, which expires on or about Christmas day. Rerob, LLC. made a sizeable financial investment in the project up to this point. Whether they feel their investment requires an appeal is not known, nor is counsel for Rerob, LLC. required to notify the Town of its decision. Attorney Folmer stated the Board should not think that Rerob, LLC would provide a precedent for other actions of a similar nature that the Town may have in the future. Planning Board member, Nick Renzi apprised the Board a home improvement company attended the November 25, 2003 Planning Board meeting. The company remained nameless at the meeting, however Mr. Renzi saw the company logo on a piece of stationary, which was Lowe's. The home improvement store planned to put in an option to buy the Wal-Mart building, contingent upon Wal-Mart building a super center. If a super center was built, Lowe's planned to demolish the existing 90,000 sq. ft. building and construct a 120,000 sq. ft. building. RESOLUTION #217 AUTHORIZE PAYMENT OF VOUCHERS -- DECEMBER Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE ADOPTED 1 1 1 3�o1� DECEMBER 03, 2003 TOWN BOARD MEETING PAGE 3 BE IT RESOLVED, the vouchers submitted have been audited and shall be paid as follows: General Fund A Vouchers #576 - 604 $ 17,158.51 General Fund B B90 - B94 $ 12,497.13 Highway Fund DB D429 - D451 $138,096.29 Water Fund W225 - W234 $ 25,117.97 Sewer Fund S 100 - S 101 $ 23,446.71 Capital Projects H124 - H132 $ 4,635.29 RESOLUTION #218 REFER AQUIFER PROTECTION PERMIT APPLICATION OF SUIT-KOTE CORP. TO THE TOWN AND COUNTY PLANNING BOARDS FOR THEIR REVIEW AND RECOMMENDATIONS Motion by Councilman Rocco Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Aquifer Protection Permit application submitted by Suit-Kote Corp. for property located on Route 11, tax map #87.00-03-16.122, shall be referred to the Town and County Planning Boards for their review and recommendations. Planning Board member, Nick Renzi apprised the Board the application was for seven asphalt storage tanks, which would hold a total of 6 million gallons. RESOLUTION #219 AUTHORIZATION TO PARTICIPATE IN "HOLIDAY ON ICE" PROGRAM WITH CORTLAND YOUTH BUREAU FOR THE 2003 HOLIDAY SEASON Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE ADOPTED WHEREAS, a request was received from the Cortland Youth Bureau, asking the Town to participate again this year in the Cortland "Holiday on Ice" program, therefore BE IT RESOLVED, the Town Board does hereby desire participation in the "Holiday on Ice" program for the 2003 Holiday Season, and does hereby authorize paying the suggested amount of $275.00 to accomplish the program. Supervisor Thorpe apprised the Board the Cortland Youth Bureau requested the same amount of money for the program as it had in previous years. Councilman Rocco made a motion, seconded by Councilman O'Donnell, to receive and file correspondence form Holly Greer regarding the proposed Super Wal-Mart. All voting aye, the motion was carried. Councilman Rocco made a motion, seconded by Councilman Testa, to receive and file correspondence from Marjorie Jacques regarding the proposed Highland Road area sewer project. All voting aye, the motion was carried. Councilman Rocco made a motion, seconded by Councilman Testa, to receive and file correspondence from Pam Jenkins regarding the proposed Highland Road area sewer project. All voting aye, the motion was carried. 310 DECEMBER 03, 2003 TOWN BOARD MEETING PAGE 4 Councilman Rocco questioned whether any other Board members had been receiving phone calls from residents regarding a Super Wal-Mart. He stated the phone calls were becoming more strident. Supervisor Thorpe apprised Councilman Rocco he receives phone calls frequently, and advises the callers there is nothing to discuss at the moment because the Board does not know what the proposition is. Any person who has a comment should put it in writing so the Board can add it to the public record. RESOLUTION #220 AUTHORIZATION TO RELEVY DELINQUENT WATER AND SEWER ACCOUNTS TO THE 2004 TAX ROLL OF THE TOWN Motion by Councilman O'Donnell Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED WHEREAS, the list of delinquent accounts of the Water & Sewer Department of the Town was submitted, as required, therefore BE IT RESOLVED, the Town Board does hereby receive and forward the list of delinquent water and sewer accounts of the Town of Cortlandville to the Cortland County Real Property Tax Office, to be relevied onto the 2004 tax roll of the Town. Councilman Rocco made a motion, seconded by Councilman O'Donnell, to receive and file the 2004 Small Cities Community Development Program, Citizens Participation Plan for Blodgett Mills. All voting aye, the motion was carried. RESOLUTION 4221 AUTHORIZE HIGHWAY SUP'T. TO PURCHASE ONE NEW 6- WHEEL DUMP/PLOW/SANDER TRUCK AND TWO NEW PICK-UP TRUCKS FROM THE STATE BID CONTRACT Motion by Councilman Rocco Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Board does hereby authorize and direct the Highway Sup't to purchase one new 6-wheel dump/plow/sander truck and two new pick-up trucks for the Highway Department from the State Bid contract. Glen Petaja of 4006 Woodside Road apologized for not attending the Public Hearing for the Highland Road sewer extension project but he was out of the country. He questioned what the status of the project was. Attorney Folmer apprised Mr. Petaja the final process in obtaining the bonding financing is the publication of a Notice relating to the adoption of the Bond Resolution by the Board. Once the Notice is published the public has twenty days to commence an action against the Board claiming that the project is an improper use of public funds. The notice had already been published and the twenty days expires on December 14, 2003. Attorney Folmer apprised Mr. Petaja there is an agency in the State of New York called the EFC, which has 0% financing for projects of this type. The Town Engineer has been in contact with the agency. Mr. Petaja stated the residents in the Highland Road area greatly appreciate the action taken by the Board. Councilman O'Donnell made a motion, seconded by Councilman Rocco, to recess the Regular Meeting to an Executive Session. All voting aye, the motion was carried. The meeting was recessed at 7:20 p.m. The following information was received from the Supervisor's office. DECEMBER 03, 2003 TOWN BOARD MEETING PAGE 5 Councilman O'Donnell made a motion, seconded by Councilman Testa, 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 Rocco, to adjourn the Regular Meeting. All voting aye, the motion was carried. The meeting was adjourned at 8:05 p.m. 1 1 Respe tfully submitted, Karen Q. Snyder Town Clerk Town of Cortlandville