05/06/2014 - Town of Owego

May 6, 2014
6:30 p.m.
2354 State Route 434
Apalachin, New York
Regular Meeting of the Owego Town Board
Present:
Supervisor Donald Castellucci, Jr.
Council: Dean Morgan, Barbara Roberts, Wayne T. Moulton & Craig Jochum
Absent:
none
Department Heads:
Debra Standinger, Planning & Zoning Administrator
Mick Trivisonno, Director of Utilities
Irene Graven, Town Attorney
Scott Vasisko, Parks Maintenance Supervisor
Andrea Klett, Town Assessor
A. Call to Order, Roll Call and the Pledge of Allegiance
The Supervisor called the meeting to order and Councilman Morgan led all in the Pledge of
Allegiance.
B. Minutes of the Previous Meeting
The Minutes of the April 15, 2014 Meeting were approved as presented.
C. Consideration of Bids Debra Standinger, Planning and Zoning Administrator, reviewed the following 2 bids for
demolition and removal of up to 23 properties affected by the 2011 Flood:
LCP Group of Vestal, NY
Gorick Construction Co., Inc of Binghamton, NY
$144,927
$298,800
The motion by Councilman Morgan was seconded by Councilman Jochum, and
unanimously carried, on the recommendation of Debra Standinger to accept the
low bid submitted by LCP Group in the amount of $144,927 and to authorize the
Supervisor to sign any and all pertinent documents.
D. Public Hearings Debra Standinger provided and reviewed written comments regarding the re-zoning of
two parcels from Residential B to Highway Interchange. They are available at the end of these
minutes.
Supervisor Castellucci opened the Public Hearing for comments.
•
Gordon Musser, 1788 Main Street, Apalachin, stated he and his wife are
against the re-zoning. Their main concerns are what the increased traffic,
littering and water runoff will do to their neighborhood. He also asked if
the town considered having engineers look into what might result if there
is another flood. He stated that these properties helped to keep the 2011
Flood waters out of their neighborhood.
Debra Standinger assured him that the town properly researched
the possibilities and the owners will be required to contain any and
all waters on their land.
Supervisor Castellucci also stated that there should not be any
increase in traffic on Main Street as the only entrances to the rezoned property would be from State Route 434.
•
Janet Musser, 1788 Main Street, Apalachin, stated that the storm drain in
the intersection of Shady Hill and Main Street clogs easily and floods
during rain showers. Could the town please check into it?
Supervisor Castellucci stated that he would have Mark Clark,
Highway Superintendent address the issue.
•
Donald Brown, 156 Tobey Road, Apalachin, stated that while he
understands the neighborhood’s concerns, he thinks the re-zoning is a
good idea. He has spoken with Mr. Moss (KRM Management Group) and
approves of his plans for the parcels. He feels it will encourage our tax
base to rise as well as provide needed services to the area.
With no one else wishing to speak, Councilman Morgan motioned
to close the Public Hearing. Councilman Jochum seconded the
motion which was unanimously carried.
The Planning and Zoning Administrator reviewed the Short Environmental Assessment
Form for the Albanese Parcel.
Councilman Moulton motioned, seconded by Councilman Jochum
and unanimously carried, having determined that the proposed
action will not result in any significant adverse impacts, that
Supervisor Castellucci was authorized to sign the SEAF.
The Planning and Zoning Administrator reviewed the Short Environmental Assessment
Form for the KRM Management Group Parcel.
Councilman Roberts motioned, seconded by Councilman Moulton
and unanimously carried, having determined that the proposed
action will not result in any significant adverse impacts, that
Supervisor Castellucci was authorized to sign the SEAF.
The Board agreed to proceed directly to a vote regarding the re-zoning request.
Motioned by Councilman Moulton, seconded by Councilman
Jochum and unanimously carried to adopt Local Law #2 of 2014 as
follows:
1. Section 1. The Code of the Town of Owego, Chapter 125
Zoning, Article III,Section 125-7 Zoning Map is hereby amended
pursuant to the applicable provisions of the Town Law and the
provisions of the Municipal Home Rule Law as follows:
The following tax map parcels in the Town of Owego previously
zoned Residential B “RB” shall be changed to Highway
Interchange “HIC”:
Tax Map No. 153.07-1-58
Tax Map No. 153.08-1-16
2. SECTION 2. SEVERABILITY. If any clause, sentence,
paragraph, section, article or part of this local law shall be
adjudged by any court of competent jurisdiction to be invalid, such
judgement shall not affect, impair, or invalidate the remainder
thereof, but shall be confined in its operation to the clause,
sentence, paragraph, section, article or part thereof directly
involved in the controversy in which such judgement shall have
been rendered.
3. SECTION 3. EFFECTIVE DATE. This local law shall take
effect immediately upon filing with the secretary of State.
With the agreement of the Board, Supervisor Castellucci then revisited the Greenway Signage
project. He stated that while he is usually not in favor of projects like this, he has reconsidered.
All of the other area municipalities have decided to participate, and the Tioga County Tourism
department has requested the participation of the town.
Tioga County Tourism Director, Rebecca Maffei answered questions from the Board about
liability, maintenance and attractions to be featured on the sign.
Supervisor Castellucci then motioned and Councilman Morgan seconded to allow
the two Greenway Signs to be erected based on LDC funding. The vote passed
with four yes votes and one no vote from Councilman Roberts.
E. Reports of Department Heads Andrea Klett reported that the 2014 Tentative Assessment Role has been filed. This
weekend she will be completing her state mandated 16 hours in attendance with the role.
Grievance Day will be May 27th from 2-4 and 6-8 p.m. To accommodate Grievance Day, the
Planning Board meeting has been rescheduled to the following day.
Scott Vasisko reported that the Hickories Park Bridge is completed and the park is open
for visitors. The campgrounds will open May 7, 2014. He also reported that Councilman
Jochum and he attended a meeting with Young Explosives. The Board will need to decide what
type of fireworks display and how much money they would like to spend for this year’s
Independence Day celebration.
Debra Standinger reported that 2 buy-out closings occurred last Friday and another is
scheduled for this week. They are working on surveys of the buyout properties. She and
Councilman Morgan submitted a grant to help fund the replacement of the Hickories Park
bandshell.
Mick Trivisonno reported that he is collaborating with the Assessor and the Clerk to
fund a machine that facilitates the folding and stuffing of statements/bills. It would save money
on personnel services for the town. He also reported that he would be going to Rochester to
look at a dump truck which can be piggybacked on the Onondaga County bid. They are also
working hard to complete their patchwork.
Irene Graven reported that she attended a meeting at the Office of Emergency
Management. She is also continuing to work with the ODOG group regarding the dog park.
She stated that they will likely have another workshop when they have finished their updates.
Mary Kennedy, Deputy Town Clerk, had nothing to report from the Clerk’s Offices.
Highlights from the Supervisor’s report include:
The monthly reports from the Planning and Zoning as well as the Clerk’s Office
are on file in his office.
He attended a meeting regarding an initiative to “Think Tioga First” when
shopping. There will be more information to come.
He had a letter from Mrs. Teed regarding their utility penalties being forgiven. It
was decided that Supervisor Castellucci would send her a letter saying because of their
payment history the penalties would need to be paid.
He announced that if any of the board members would like to attend a class
regarding how to promote upstate rural communities; they should contact him about
registration.
Supervisor Castellucci also stated that he was approached by United Water
(Village of Owego’s water provider). They would like to give a presentation about them
taking over and privatizing our Utilities department. Councilman Roberts said she
thinks we should hear what they have to say. Mick Trivisonno said if the board decides
to do that, they should tell all of the employees prior to any meeting. Councilman
Moulton stated that he would prefer to see any information they have on paper before
hearing a sales pitch.
F. Privilege of the FloorMeredith Bocek of Apalachin read a prepared statement regarding fracking and
Home Rule. It is on file in the Clerk’s Office.
G. Presentation of Petitions, Communications, Notices and Transfers
1. It was decided that Supervisor Castellucci, Councilman Morgan and Councilman
Jochum would participate in the Strawberry Festival Parade. The was also a brief discussion of
other upcoming parades.
H. Abstracts
A motion to accept the following Abstracts was made by Councilman Jochum and
seconded by Councilman Moulton.
A Roll Call vote was passed unanimously.
Supervisor Castellucci: Yes
Councilman Morgan: Yes
Councilman Roberts: Yes
Councilman Jochum: Yes
Councilman Moulton: Yes
A - GENERAL FUND
B - GENERAL FUND-TOWN OUTSIDE
DB- HIGHWAY - TOWN OUTSIDE
F - WATER DISTRICTS
FA - ROUTE 38 WATER
G - SEWER DISTRICTS
GA- ROUTE 38 SEWER
L1 - LIGHTING DISTRICT 1
L2 - LIGHTING DISTRICT 2
L3 - LIGHTING DISTRICT 3
L4 - LIGHTING DISTRICT 4B
L5 - LIGHTING DISTRICT 5
L6 - LIGHTING DISTRICT 6
L7 - LIGHTING DISTRICT 7
L8 - LIGHTING DISTRICT 8
L9 - LIGHTING DISTRICT 9
LA - LIGHTING DISTRICT 4A
LX - LIGHTING DISTRICT 10
Grand Total
55,930.78
438,991.58
202,940.56
45,557.91
2,587.97
53,374.30
10,887.60
567.76
1,094.35
1,088.79
179.10
690.30
1,382.67
192.59
131.87
57.16
65.47
79.73
815,800.49
I. Unfinished Business- none
J. Reports of Standing Committees
Councilman Morgan, Parks, Grounds and Recreation Committee Chair- He reported that the
veterans that participated in the Honors Flight have expressed their appreciation to the Town.
He also wanted to thank Debra Standinger for her hard work on the flood buy-outs. Lastly he
reported that the town was included in a state given award: NY Rising - Best Regional
Collaboration. This also increased our state funding for flood recovery.
Councilman Moulton, Highway Committee Chair – Mark Clark has reported to him that the
paving projects are coming along very well.
Councilman Jochum, Personnel, Assessments, Finances and Judiciary Committee Chair- He
reported that the drainage ditch is functioning well in Muth Park. He attended the AYAA
opening ceremony and the residents were very happy. He also stated that he had 1 item
(personnel) for Executive Session.
Councilman Roberts, Sewer & Water Committee Chair - no report at this time.
K. Presentation of Resolutions, Motions and New Business
1. Motioned by Councilman Jochum, seconded by Councilman Roberts the following
resolution was adopted with a 4 yes and 1 abstention vote (Councilman Moulton):
WHEREAS the State of New York Unified Court System required municipalities
to conduct an audit/examination of the town justice court’s records; and
WHEREAS an audit/examination of the Town of Owego Justice Court’s records
for the fiscal year 2013 was conducted and completed on January 24, 2014;
NOW, THEREFORE, IT IS
RESOLVED that the Town Board of the Town of Owego acknowledges herein
that an audit/examination of the Town of Owego Justice Court’s records for the
fiscal year 2013 was conducted and completed on January 24, 2014.
2. Permission for the Court Clerks to attend SEI training, Monday, May 12, 2014
Councilman Roberts motioned and Councilman Jochum seconded to
grant permission for the court clerks to attend the training. The motion
passed with 4 yes votes and 1 abstention (Councilman Moulton).
3. Resolution regarding re-zoning request - completed earlier in the meeting.
4. No-smoking signs - The Supervisor decided to move this to Unfinished Business of
the next meeting.
L. Second Privilege of the Floor- no speakers, but Supervisor Castellucci wanted to
remind everyone of the memo he distributed that states all prospective employees must go
through the Supervisor’s Office when applying for a job with the town.
M. Executive Session Motioned by Councilman Morgan and seconded by Councilman Moulton to enter
Executive Session at 7:59 p.m. The motion was unanimously carried.
The board reconvened at 8:33 p.m. to vote on a personnel matter.
Councilman Moulton motioned to hire Henry Hines for the open MAO2
position in the Highway Department at $13 per hour with 1 year of
probation, contingent on the passing of all background checks.
Councilman Roberts seconded the motion which was unanimously
passed.
N. Adjournment Motion by Councilman Morgan to adjourn the meeting at 8:36 p.m.
Respectfully submitted,
Mary Kennedy
Deputy Town Clerk