HomeMy WebLinkAbout12-19-2001DECEMBER 19, 2001
TOWN BOARD MEETING
5:00 P.M.
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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.,
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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:
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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.
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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.
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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.
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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
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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
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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.
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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.
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Res ectfully submitted,
wren Q. Snyder
Town Clerk
Town of Coi-tlandville