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HomeMy WebLinkAbout12-19-2001DECEMBER 19, 2001 TOWN BOARD MEETING 5:00 P.M. z(69 1 1 n LJ 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 Pilat.o Others present were: Town Attorney, John Folmer; Highway Sup't., Carl Bush; Water & Sewer Sup't., Peter Alteri; Town Planning Board member, Nick Renzi; Pat Hyde, Mike Curry, Gordon Stansbury, Sara Campbell, Chuck Feiszli, Attorney Mike Shafer with Rerob, LLC.; James Trasher of Clough, Harbour & Associates; Town resident, Ms. Miller; and News Reporter, Chris Nolan. Supervisor Thorpe called the meeting to order following presenting Planning Board Member, Nick Renzi with a commemorative plaque in recognition for his assistance to the new Water and Sewer garage. Councilman O'Donnell made a motion, seconded by Councilman Testa, to approve the Town Board Minutes of July 18, 2001, as written. All voting aye, the motion was carried. Councilman O'Donnell made a motion seconded by Councilman Testa, to receive and file Town Planning Board Minutes of September 25, 2001. All voting aye, the motion was carried. RESOLUTION #243 AUTHORIZE PAYMENT OF VOUCHERS- DECEMBER Motion by Councilman Testa Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED, the vouchers submitted have been audited and shall be paid as f ollows: General Fund A Vouchers #621 -641 $ 9,941.31 General Fund B 128 -130 $ 81.74 Highway Fund DB 462 -485 $24,062.89 Water Fund 271 -280 $10,705.03 Sewer Fund 175 -188 $ 5,531.00 Capital Projects 64 $ 126.00 Supervisor Thorpe offered privilege of the floor to those in attendance. No comments or discussions were heard. The monthly report f or the SPCA f or November 2001, is on the table f or review and filed in the Town Clerk's office. Attorney Folmer reported: Renaissance Drainage Easements: Attorney Folmer reminded the Board that an easement agreement and map was sent to all of the involved property owners and suggested a meeting for December 5, 2001 to review the agreements. Attorney Folmer had directed the property owners if there were comments or questions before December 561 they should contact Attorney Folmer regarding the language of the agreement., James Trasher of Clough, Harbour & Associates regarding the map and Highway Sup't., 27 0 DECEMBER 19, 2001 TOWN BOARD MEETING PAGE 2 Carl Bush for construction questions. On December 5t' Dr. Morris requested the right of way relocated a short distance to minimize the effect. on his parcel. Also, Mr. Ottenschotstated the surveyor for Clough, Harbour & Associates had incorrectly identified one of the property owners. Revisions were agreed upon and the map prepared. Attorney Folmer received the map on December 14°1. The new description for the map will be ready tomorrow for the Board's review then all participants should be ready to sign. Highland Road Sewer Project: Attorney Folmer apprised the Board as of December 17, 2001 the State Comptroller's Office has new calculations regarding the cost for Special District Improvements average residential home. The figures are up significantly. Attorney Folmer stated that it's possible the Board may notneed to obtain the Comptroller's permission to proceed with the Highland+ Road project. The statue requires permission be obtained if the Board issues indebtedness and the cost of the individual owners exceeds the Comptroller's established figures. The Comptroller's new figures are above what the Town Engineer, Hayne Smith stated the cost would be for the average owner. Attorney Folmer should have conformation from the Comptroller's office tomorrow. Attorney Folmer stated he would discuss the Rerob, LLC. application later in tonight's meeting where scheduled on the agenda. He also apprised the Board he would like to discuss a personnel matter during the Executive Session scheduled at the end of tonight's meeting. In answer to Councilman Testa's question regarding going out to bid for the Renaissance Development. Drainage project, Highway Sup't Carl Bush stated there is a delay due to the property change. Attorney Folmer stated everyone is ready we are just. waiting for the new description. Supervisor Thorpe reminded the Board a decision was made regarding the first Town Board meetings of January and February 2002 being held at 5:00 p.m. due to possible inclement. weather. RESOLUTION #244 ESTABLISH SCHEDULE OF TOWN BOARD MEETINGS FOR THE YEAR OF 2002 Motion by Councilman Rocco Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED, the regular meetings of the Town Board of the Town of Cortlandville shall be held at the Town Hall, 3577 Terrace Road, Cortland, New York on the first Wednesday of each month at 7:00 p.m. with the exception of January 02, 2002 and February 06, 2002, to be held at 5:00 p.m., and the third Wednesday of each month at 5:00 p.m. If such day should fall on a holiday, the meeting shall be held the next business day, and it is further RESOLVED, the May 01, 2002 meeting will be held in the Village of McGraw at the Community Center, and the June 05, 2002 meeting will be held in Blodgett. Mills at. the Blodgett. Mills Independent. Baptist Church, both held at 7:00 p.m., and it is further RESOLVED, the Town Clerk shall have the meeting schedule posted in the newspaper in Legal Notice form. RESOLUTION #245 _ APPROVE HOLIDAY SCHEDULE 2002 Motion by Councilman Rocco Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED, the following Holiday Schedule for the year 2002 is hereby approved as follows: Z� DECEMBER 19, 2001 TOWN BOARD MEETING PAGE 3 New Year's Day Tuesday January 01, 2002 Marlin Luther King Jr.'s Birthday Monday January 21, 2002 Washington's Birthday Monday February 18, 2002 Good Friday Friday March 29, 2002 Memorial Day Monday May 27, 2002 Independence Day Thursday July 04, 2002 Labor Day Monday September 02, 2002 Columbus Day Monday October 14, 2002 Election Day Tuesday November 05, 2002 Veterans Day Monday November 11, 2002 Thanksgiving Day Thursday November 28, 2002 Friday November 29, 2002 Christmas Eve Day Tuesday December 24, 2002 Christmas Day Wednesday December 25, 2002 New Years Eve Day Tuesday December 31, 2002 Supervisor Thorpe apprised the Board that the standard mileage rate for - personal vehicles doing town business established by the IRS for the year 2002 is 36% cents. This is a two -cent increase from last year's rate. The Board agreed to increase the town's rate to remain consistent with the IRS. RESOLUTION #246 ESTABLISH MILEAGE RATE FOR PERSONAL VEHICLES USED FOR TOWN BUSINESS FOR THE YEAR 2002 Motion by Councilman Rocco Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED, the mileage rate to be paid by the town, for personal vehicles used for town business, is hereby established atthirty-six and a half cents ($.36%) per mile for the year 2002, subject to audit by the Town Board, effective January 01, 2002. Councilman Rocco made a motion seconded by Councilman O'Donnell, to receive and file County Planning Board recommendations regarding an Aquifer Protection Permit application of J. Fergus, Inc. All voting aye, the motion was carried. RESOLUTION #247 SCHEDULE A PUBLIC HEARING FOR AN AQUIFER PROTECTION PERMIT APPLICATION OF J. FERGUS, INC. FOR PROPERTY LOCATED ON NYS ROUTE 13 Motion by Councilman Testa Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED, a Public Hearing shall be scheduled for January 16, 2002 at 5:00 p.m. for an Aquifer Protection Permit application submitted by J. Fergus, Inc. for property located on the west side of NYS Route 13, approximately 400 feet south of Lime Hollow Road tax map #95.00-06-12.112. Councilman Rocco made a motion seconded by Councilman O'Donnell, to receive and file County Planning Board recommendations regarding a Zone Change application of J. Fergus, Inc. All voting aye, the motion was carried. Z 7 Z_ DECEMBER 19, 2001 TOWN BOARD MEETING PAGE 4 RESOLUTION #248 SCHEDULE A PUBLIC HEARING FOR A ZONE CHANGE REQUEST SUBMITTED BY J. FERGUS, INC. FOR JANUARY 16, 2002 Motion by Councilman Testa Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED, a Public Hearing shall be scheduled for January 16, 2002 at 5:00 p.m. for the Zone Change request submitted by J. Fergus, Inc. tax neap #95.00- 06-12.112. Supervisor Thorpe discussed correspondence from Barry Stevens of the NYS DOT regarding the town's request for a northbound left turn signal at the intersection of Route 13 and McLean Road. Supervisor Thorpe stated he felt that as in the past after the DOT reviewed the request it Would be denied. The Board discussed the dangers of this intersection. It was decided to request the engineering firm of Clough, Habour & Associates review the intersection. Councilman O'Donnell made a motion seconded by Councilman Testa, to receive and file correspondence from Barry Stevens, Regional Traffic Engineer NYS DOT. All voting aye, the motion was carried. Mr. Stevens correspondence was in regards to the town's request concerning a northbound left turn signal at. the Route 13 and McLean Road intersection. After the NYS DOT reviews the request they will advise the Board of their findings and recommendations. RESOLUTION #249 AUTHORIZE SUPERVISOR TO CONTRACT WITH CLOUGH, HARBOUR &ASSOCIATES TO INVESTIGATE THE INTERSECTION OF ROUTE 13 AND MCLEAN ROAD REGARDING A NORTHBOUND LEFT HAND TURN SIGNAL Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE ADOPTED WHEREAS, the Town Board expressed concerns for hazardous conditions at the intersection of Route 13 and McLean Road, therefore BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to contract with Clough, Harbour & Associates to investigate the intersection of Route 13 and McLean Road regarding a northbound left hand turn siIDnal. Councilman Rocco :made a motion seconded by Councilman O'Donnell, to receive and file correspondence NYS Senator James Seward. All voting aye, the motion was carried. Senator Seward's correspondence was advising the Board of his continuing support of the CHIPS funding and will inform. the Board of any progress. Councilman Rocco made a motion seconded by Councilman O'Donnell, to receive and file two Service Requestforms from the Cortland County Health Department. These Service Request forms are to be added to Suit-Kote Public Hearin; of 12/05/01. All voting aye, the motion was carried. The Service Request forms elated December 05, 2001 were in regards to c.omolaints from Pat Semeraro and William Rawson concerning odors from the ;quit -Kate plant in Polkville. 273 DECEMBER 19, 2001 TOWN BOARD MEETING PAGE 5 Councilman, O'Donnell made a motion seconded by Councilman Rocco, to receive and file correspondence from Mary L. Cervoni to Councilman O'Donnell. Ms. Cervoni correspondence is to be added to Suit-Kote Public Hearing of 12/05/01. All voting aye, the motion was carried. Ms. Cervoni's correspondence was in regards to odor problems she has experienced from the Suit-Kote plant in Polkville. Ms. Cervoni strongly requested denial of Suit-Kote Corporation proposed relocation of their Homer batch mix plant to Polkville. RESOLUTION #250 AUTHORIZE SUPERVISOR TO SIGN CONTRACT WITH TROY & BANKS INC. TO AUDIT CABLE TELEVISION FRANCHISE FEE ACCOUNTS OF THE TOWN 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 sign a contract with Troy & Banks Inc. to audit cable and television franchise fee accounts of the town and to process and secure refunds of any over payments on these accounts. RESOLUTION #251 AUTHORIZE $2,600.00 ADDITIONAL FUNDS TO CLOUGH, HARBOUR & ASSOCIATES FOR ADDITIONAL SERVICES REGARDING THE RENAISSANCE DEVELOPMENT DRAINAGE PROJECT Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE ADOPTED WHEREAS, per Resolution #111 of 2001 the Town Board approved engineering services of Clough, Harbour & Associates LLP. for drainage improvements to the Renaissance Development, and WHEREAS, Clough, Harbour & Associates LLP. requested an additional $2,600.00 for multiple changes to easement locations and final design documents, therefore BE IT RESOLVED, the Supervisor is hereby authorized and directed to compensate an additional lump sum fee of $2,600.00 for additional engineering services to Clough, Harbour & Associates regarding drainage improvements in the Renaissance Development. Councilman O'Donnell made a motion seconded by Councilman Testa, to receive and file correspondence from the Cortland County Health Department regarding their- Annual Water Supply Inspection Report of Cortlandville Town Water. All voting aye, the motion was carried. Supervisor Thorpe stated the report is a tribute to the town's Water Department. The Health Department recognized the current leakage on the town's system is approximately 2Y,%. This is an improvement from ten years ago when the leakage was at approximately 50%. Councilman O'Donnell stated according to Highway Sup't, Carl Bush that due to installing more efficient meters the water fee does not need to be raised at this time. Supervisor Thorpe thanked Water- and Sewer Sup't., Peter Alteri. 279 DECEMBER 19, 2001 TOWN BOARD MEETING PAGE 6 RESOLUTION #252 AMEND 2001 BUDGET AND AUTHORIZE SUPERVISOR TO TRANSFER $90,000.00 FROM FUND BALANCE TO JUDGEMENT AND CLAIMS ACCOUNT #A1930.4 UTILIZING YEAR 2000 SURPLUS FUNDS Motion by Councilman Testa Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Supervisor is hereby authorized and directed to transfer $90,000.00 from fund balance to Judgement and Claims Fund Account #A1930.4 utilizing year 2000 Surplus Fund for the G. DeVinc.entis & Son Construction Co. settlement, and it is further RESOLVED, the 2001 Budget is hereby amended. RESOLUTION #253 AWARD BID FOR SMALL CITIES COMMUNITY DEVELOPMENT BLOCK GRANT TO THOMA DEVELOPMENT IN THE AMOUNT OF $8,500.00 Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE ADOPTED WHEREAS, bids were advertised for the Small Cities Community Development. Block Grant for the distribution and monitoring of f unds for Wilbedone Inc., and WHEREAS, sealed bids were opened on December 10, 2001 at 3:00 p.m. and provided for review, as follows: Thoma Development Consultants $8,500.00 34 Tompkins Street Cortland, NY 13045 THEREFORE, BE IT RESOLVED, the bid is hereby awarded to Thoma Development Consultants, 34 Tompkins St, Cortland, NY, in the amount of $8,500.00 plus expenses, and it is further RESOLVED, the Supervisor is hereby authorized and directed to sign appropriate contracts. Councilman O'Donnell made a motion seconded by Councilman Testa, to receive and file odor complaint information from N 1 S DEC regarding Suit-Kote Corporation. This information is to be added to Suit-Kote Public Hearing of 12/05/01. All voting aye, the motion was carried. The correspondence dated December 01 & 07, 2001 are in regards to two complaints from Sanely Panzanella and Diane Irwin concerning odors from the Suit- Kote plant. Supervisor Thorpe offered privilege of the floor to Attorney Mike Shafer. Attorney for Rerob LLC., Mike Shafer, inquired if the Board had an opportunity to examine the Draft Environmental Impact Statement and requested some feedbacks at tonight.'s meeting. Attorney Folmer explained that under the SEQRA regulations the Board is to decide if the DEIS is complete and understandable for the average reader. The Board has a period of 45 days from the date of submission to review and make comment to the applicant, which falls on December 28 or 29, 2001. Attorney Folmer stated that Clough, Harbour & Associates identified in their letter dated December 18" the reasons why in their- opinion the DEIS is incomplete. Under the SEQRA requirements the applicant is to pay the reasonable consulting fee concurred by the municipality in connection with the review of the various 1 275' DECEMBER 19, 2001 TOWN BOARD MEETING PAGE 7 documents. There are some limitations in the regulation to the amount that can be charged. By Attorney Fohner's calculations that figure has not been reached. At one point an escrow payment deposit of $23,000 was requested. This had not been accomplished. On December 13" Attorney Folmer forwarded a letter to Attorney Shafer- stating the Board is requesting an escrow deposit payment of $12,575.00. If that amount is not deposited then the process is incomplete. Attorney Folmer apprised the Board he has spoken with Attorney Shafer regarding the amount, method of payment and disbursement. After Attorney Folmer spoke with Supervisor Thorpe and Councilman Testa he stated the consensus of the Board is that the amount of $12,575.00 should be deposited. Attorney Folmer explained that the invoices, submitted by the consulting firm, are subject. to review by the Board. Copies of these invoices will be provided to Attorney Shafer on behalf of the applicant for his review and comment before funds are distributed from the escrow account. Attorney Folmer recommended that the Board adopt a resolution indicating that the DEIS is not complete for reasons established by Clough, Harbour & Associates and that the escrow amount of $12,575.00 requested has not been deposited. The engineers for Rerob, LLC. and Clough, Harbour & Associates then need to work out the discrepancies so the DEIS can be accepted as complete and permissive referendum can begin. Once the DEIS is accepted and made available for public review the Board will need to hold a Public Hearing or a period of public comment. Councilman Rocco inquired if there was a problem paying the escrow. Attorney Folmer explained it is required that the applicant pay the reasonable fees incurred by the engineering firm. The applicant has a right to review the engineer's invoices and question or comment whether the fee is reasonable. The town has contracted with Clough, Harbour & Associates with certain rates they intend to charge the town. The contract sloes not dictate what is a reasonable fee. Therefore before any monies are expended, the Board and the applicant are to review the invoices to determine if the fees are reasonable. Any amount deposited over the fees would be refunded to the applicant. Attorney Shafer explained he had recommended Rerob, LLC. pay $10,000.00 however based upon the motion made at tonight's meeting he will recommend the $12,575.00. RESOLUTION #254 DECLARE DRAFT ENVIRONMENTAL IMPACT STATEMENT OF REROB, LLC. INCOMPLETE AND REROB, LLC. HAS FAILED TO DEPOSIT REQUIRED $12,575.00 IN ESCROW FOR ENGINEERING SERVICES Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE ADOPTED WHEREAS, Rerob, LLC. submitted a Draft Environmental Impact Statement for their proposed Express Mart on Route 13 and Lime Hollow Road on November- 15, 2001, and WHEREAS, upon review of said Draft Environmental Impact Statement the town's contracted engineering firm Clough, Harbour & Associates found the Draft Environmental Impact Statement to be incomplete, therefore BE IT RESOLVED, the Town Board does hereby declare the Draft Environmental Impact Statement of Rerob, LLC. as incomplete, and it is further RESOLVED, the Town Board as Lead Agency is entitled to delay any action on this application until Rerob, LLC. deposits an amount of $12,575.00 to the Town Clerk for an escrow account for engineering service fees as required under SEQRA as per Attorney Folmer's correspondence dated December 13,2001. Planning Board member, Nick Renzi apprised the Board that the water line on Raphael Drive has been extended down Raphael Drive opposite the Hoffman property. Mr. Renzi stated he was unsure if approval was received from Highway Sup't Bush before installation of the pipe but the pipe was installed and buried Z 7 6 DECEMBER 19, 2001 TOWN BOARD MEETING PAGE S before Water and Sewer Sup't Alteri had been allowed to do an inspection. Upon recommendation of Mr. Renzi the pipe was uncovered and the inspection made. At this time there is no water pressure as there is a leak somewhere in the water line. In answer to a question from a resident in attendance, Ms. Miller, regarding time frame for petitions concerning Suit -Kole Corp. Attorney Folmer stated no date has been scheduled for the Board to take final action on that project.. Once a date is scheduled it will be published in the Cortland Standard for public information. Attorney Folmer recommended any information or communication received prior to the Board taking final action should be added to the record as was accomplished earlier tonight. Attorney Folmer apprised Ms. Miller that no action will be taken before January 16', 2002. Attorney Shafer expressed concern with timing issues regarding the Rerob, LLC. application. He requested a date be schedule for resubmission of the DEIS. He also inquired into the Board's intention for a Public Hearing. Attorney Folmer stated there is no time limit for the resubmission. After the revised DEIS is submitted the Board has 30 days to decide if it is complete. Attorney Folmer stated if the Board receives the revised DEIS by February 06, 2002 and it is determined complete, he recommends the Board determine to hold either a Public Hearing or public comment period for no earlier than March 6th, 2002 and no later than April 3", 2002. The Board should decide by the January 03, 2002 meeting if they will hold a Public Hearing or public comment period at a regular meeting or a Special Town Board meeting. The applicant needs time, as they would prepare differently for each. The Board decided to make their determination at the January 02, 2002 meeting. Attorney Shafer inquired of James Trasher of Clough, Harbour & Associates if they had made their final deter nninations regarding issues not included in the DEIS. Mr. Trasher stated they had. Councilman Testa made a motion, seconded by Councilman Rocco, to recess the Regular Meeting to an Executive Session to discuss personnel matter. All voting aye, the motion was carried. The meeting was recessed at 5:20 p.m. The following information was received from the Supervisor's office. 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. RESOLUTION #255 AUTHORIZE HIRING KATE SEIBERT AS TEMPORARY HELP TO ASSIST TOWN ATTORNEY WITH CLOSING 2001 TOWN FILES Motion by Councilman Testa Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED WHEREAS, the Town Attorney has requested additional temporary help in order to close and catalog 2001 Town of Cortlandville Attorney files, therefore BE II' RESOLVED, the Town Board does hereby authorize the Town Attorney to hire Kate Seibert to assist with closing and cataloging 2001 Town of Cortlandville Attorney files, and further RESOLVED, they shall be paid by voucher, subject to audit by the Town Board not to exceed $200.00 from the Town Attorney's contractual expense. 1 1 1 277 DECEMBER 19, 2001 TOWN BOARD MEETING PAGE 9 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 6:25 p.m. 1 1 Res ectfully submitted, wren Q. Snyder Town Clerk Town of Coi-tlandville