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
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