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MARCH 19, 2014
5:00 P.M.
TOWN BOARD MEETING
The Regular Meeting of the Town Board of the Town of Cortlandville was held at the
Raymond G. Thorpe Municipal Building, 3577 Terrace Road, Cortland, New York, with
Supervisor Tupper presiding.
Members present: Supervisor, Richard C. Tupper
Councilman, Theodore V. Testa
Councilman, Ronal L. Rocco
Councilman, John C. Proud
Councilman, Gregory K. Leach
Town Clerk, Karen Q. Snyder, RMC
Others present were: Town Attorney, John Folmer; Highway Sup't. Carl Bush; News
Reporters: Eric Mulvihill from WXHC, Steve Howe from the Cortland Standard, and Sharon
Stevans from Channel 2, Access TV.
Supervisor Tupper called the meeting to order.
Councilman Proud made a motion, seconded by Councilman Leach, to receive and file
the Draft Informational Meeting Minutes of February 5, 2014, regarding the proposed Land Use
Plan. All voting aye, the motion was carried.
Councilman Proud made a motion,, seconded by Councilman Leach, to receive and file
the Cortlandville Zoning Board of Appeals Minutes of February 25, 2014. All voting aye, the
motion was carried.
Councilman Rocco made a motion, seconded by Councilman Leach, to approve the Draft
Town Board Minutes of February 19, 2014 as written. All voting aye, the motion was carried.
RESOLUTION #54 AUTHORIZE SUPERVISOR TO SIGN
PURCHASE ORDER #0147
Motion by Councilman Leach
Seconded by Councilman Proud
VOTES: AYE - Tupper, Testa, Rocco, Proud, Leach NAY - 0
ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to sign
Purchase Order #0147 submitted by Water & Sewer Sup't. Alteri to be paid to Modular Comfort
Systems for the replacement of a new water source heat pump to be located in the court hallway in
the Raymond G. Thorpe Municipal Building, for the total cost of $2,720.00.
RESOLUTION #55 AUTHORIZE SUPERVISOR TO SIGN CONTRACT WITH
MODULAR COMFORT SYSTEMS TO REPLACE THE
WATER SOURCE HEAT PUMP LOCATED IN THE COURT
HALLWAY IN THE RAYMOND G. THORPE MUNICIPAL
BUILDING
Motion by Councilman Proud
Seconded by Councilman Testa
VOTES: AYE - Tupper, Testa, Rocco, Proud, Leach NAY - 0
ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to sign the
contract with Modular Comfort Systems to replace the Water Source Heat Pump located in the
Court Hallway in the Raymond G. Thorpe Municipal Building with a new pump, which includes
a 1-year full product warranty and a 5-year refrigeration circuit warranty.
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MARCH 19, 2014 TOWN BOARD MEETING PAGE 2
RESOLUTION #56 AUTHORIZE PAYMENT OF VOUCHERS - MARCH
Motion by Councilman Leach
Seconded by Councilman Proud
VOTES: AYE - Tupper, Testa, Rocco, Proud, Leach NAY - 0
ADOPTED
BE IT RESOLVED, the vouchers submitted have been audited and shall be paid as follows:
Funds A, B, DA, DB Voucher #296-339
General Fund A $ 14,424.48
General Fund B
$
1,740.28
Highway Fund DA
$
0.00
Highway Fund DB
$
33,121.02
Funds CD I, CD3, CD4 Voucher #(None)
BMills Rehab CD1
$
0.00
Town Wide Rehab CD3
$
0.00
Business Devl CD4
$
0.00
Fund HC, SS, SW Voucher #87-115
NYS Rt 13 Sewer Rehab HC
$
9,196.00
Sewer SS
$
179,209.53
Water SW
$
71,273.66
Funds SF, TA, TE Voucher #9-9
C'Ville Fire District SF
$
0.00
Trust & Agency TA
$
949.86
Expendable Trust TE
$
0.00
Supervisor Tupper announced that there were no requests for privilege of the floor.
The monthly reports of the Town Justices and the Water & Sewer Department for the month
of February 2014 were on the table for review and are filed in the Town Clerk's office.
Councilman Proud made a motion, seconded by Councilman Leach, to receive and file
correspondence dated March 11, 2014, and the Summary of 2013 Groundwater Monitoring for
Walmart dated February 2014, from the Cortland County Soil & Water Conservation District.
All voting aye, the motion was carried.
RESOLUTION #57 AGREE TO A REDUCTION IN SAMPLING FREQUENCY
FROM A QUARTERLY BASIS TO A SEMIANNUAL BASIS
FOR THE GROUNDWATER MONITORING PLAN FOR
WALMART # 1781
Motion by Councilman Proud
Seconded by Councilman Rocco
VOTES: AYE - Tupper, Testa, Rocco, Proud, Leach NAY - 0
ADOPTED
WHEREAS, the Town Board received a request from Apex Companies LLC on behalf of
Walmart for a reduction in sampling frequency from a quarterly basis to a semiannual basis
regarding the Groundwater Monitoring Plan for Walmart #1781, and
WHEREAS, according to the Groundwater Monitoring Plan, under the Well Testing Section, if
there is no significant impact to the water quality in the vicinity of the sand filters/infiltration
beds (as determined by the Town and Cortland County officials) after the first two (2) years of
monitoring, Walmart could then petition the Town Board to request a reduction in the frequency
of the monitoring events from a quarterly basis to a semiannual basis for a minimum of three (3)
additional years, therefore
BE IT RESOLVED, the Town Board does hereby agree to a reduction in sampling frequency
from a quarterly basis to a semiannual basis commencing in the calendar year of 2014, with
sampling to occur in March/April and September/October, and it is further
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MARCH 19, 2014 TOWN BOARD MEETING PAGE 3
RESOLVED, the correspondence from Apex Companies LLC, dated February 28, 2014, is
hereby received and filed.
RESOLUTION #58 AUTHORIZE SUPERVISOR TO SIGN CONTRACT WITH
CIASCHI, DIETERSHAGEN, LITTLE, MICKELSON &
COMPANY, LLP TO CONDUCT AN AUDIT OF THE 2013
TOWN ACCOUNTING RECORDS
Motion by Councilman Leach
Seconded by Councilman Rocco
VOTES: AYE - Tupper, Testa, Rocco, Proud, Leach NAY - 0
ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to sign the
contract with Ciaschi, Dietershagen, Little, Mickelson & Company, LLP to conduct an audit of
the 2013 Town accounting records, for an amount not to exceed $16,000.
Councilman Rocco made a motion, seconded by Councilman Testa, to receive and file
the "Letter to the Editor" written by Pam Jenkins, dated March 10, 2014, regarding the Town of
Cortlandville's proposed Land Use Plan. All voting aye, the motion was carried.
Councilman Rocco briefly commented on difficulties obtaining information from
government agencies under the Freedom of Information Law and his concerns with information
not being shared with the public, specifically with regard to Cortland County.
Councilman Proud made a motion, seconded by Councilman Leach, to receive and file
the Renewal Application Notice Form from the Cortland Country Club Inc., dated March 10,
2014, regarding the renewal of the liquor license for the Cortland Country Club's Snack Shack
located at 4514 Route 281 in the Town of Cortlandville. All voting aye, the motion was carried.
Attorney Folmer reported:
Sale of Surplus Property — Commons Avenue:
Attorney Folmer reminded the Board that at the February 5, 2014 Town Board Meeting
they authorized the sale of Town property located on Commons Avenue, consisting of a parcel of
land 78.95 x 206.13 feet for the sum of $500.00, subject to Permissive Referendum. The period
of time for the referendum has expired. Attorney Folmer requested the Board authorize the
Supervisor to complete the transfer of the property.
RESOLUTION #59 AUTHORIZE SUPERVISOR TO SIGN THE TRANSFER
DOCUMENTS FOR THE SALE OF TOWN PROPERTY
LOCATED ON COMMONS AVENUE
Motion by Councilman Rocco
Seconded by Councilman Testa
VOTES: AYE - Tupper, Testa, Rocco, Proud, Leach NAY - 0
ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to sign the
transfer documents for the sale of Town property (78.95 x 206.13 feet) located on Commons
Avenue, tax map #86.09-04-01.200, to 1109 Commons, LLC, for the sum of $500.00, subject to
approval of the final documents by Attorney Folmer, and it is further
RESOLVED, a permissive referendum was published on February 14, 2014 with no such
petitions filed within the required time frame.
am
MARCH 19, 2014
TOWN BOARD MEETING
PAGE 4
Abandon Portion of Fer-Cor Drive:
Attorney Folmer apprised the Board that the County proposed the Town abandon a
portion of the road Fer-Cor Drive. In exchange the County would provide the Town with an
easement for a turn -around, all at the County's expense. The County was obtaining the
appropriate surveys to accomplish the activities. Attorney Folmer explained that because federal
money was used by the County to acquire the property on Fer-Cor Drive, the County was
prohibited from conveying title to the Town. Highway Sup't. Bush was aware of the proposal
and was comfortable with an easement being obtained.
Councilman Rocco questioned why the Town would have to abandon a portion of the
road, and what the County needed the property for. Attorney Folmer explained that the County
already took property located on Fer-Cor Drive, which had to do with FAA flight requirements
for take -off and landing. The County wanted the Town to abandon a portion of the road so they
did not have to worry about it being used for highway purposes. The road is a dead end street
with a turn -around. The turn -around would be moved, and the County's fence would be
relocated to the new configuration. The Town Highway Department would continue to plow the
road using the new turn -around.
Councilman Rocco stated that the airport continues to encroach on Fairview Drive, which
is one of the most traveled roads in the County. He questioned whether there were plans to move
the road in the future and was concerned that the Town and the public was not completely
informed of what the plans for the airport and its continual expansion were.
Attorney Folmer stated that the County has not indicated any plans other than the plans
necessary to satisfy the FAA requirements concerning the operation of the airport. The FAA has
preempted the field of regulation for airport purposes and consequently the ability of the County
to do much other than to follow their requirements.
Councilman Proud stated that he shared Councilman Rocco's concern. It was his
understanding from the Airport Master Plan that was provided to the Town that changes in the
County Airport were due to changes in federal regulation which the County had to meet in order
to keep the certification of the airport. He stated that Town is growing around the airport and has
changed significantly since the time the airport was constructed. Councilman Proud did not
think that the County had a long-term plan for the airport, and suggested that the County Airport
Committee address the concern.
"Social Host" Ordinance:
Attorney Folmer recalled that at the February 19, 2014 Town Board Meeting the Board
was presented with a copy of an ordinance adopted by the City of Cortland dealing with
providing alcohol and drugs to minors. Attorney Folmer reviewed the ordinance and discussed
the enforcement of the local law with CEO Williams who has a police background. Currently,
law enforcement authorities use existing penal law statutes such as unlawful dealing with a child
to curb behavior that the local law aims to prohibit. Neither CEO Williams nor Attorney Folmer
saw any harm in adopting the ordinance. The Board agreed that Attorney Folmer should proceed
with drafting a similar local law for the Town.
RESOLUTION #60 SCHEDULE PUBLIC HEARING FOR AQUIFER
PROTECTION PERMIT SUBMITTED BY ELIZABETH
WOOD, DVM FOR PROPERTY LOCATED AT
3512 ROUTE 281
Motion by Councilman Proud
Seconded by Councilman Leach
VOTES: AYE - Tupper, Testa, Rocco, Proud, Leach NAY - 0
ADOPTED
BE IT RESOLVED, a Public Hearing shall be scheduled for April 2, 2014 at 5:00 p.m. for the
Aquifer Protection Permit application submitted by Elizabeth Wood, DVM (Crossroads
Veterinary Clinic) for property located at 3512 Route 281, tax map #95.16-01-23.000. .
MARCH 19, 2014 TOWN BOARD MEETING PAGE 5 LJv
Councilman Leach made a motion, seconded by Councilman Proud, to receive and file
correspondence from New York State Homes & Community Renewal, dated March 4, 2014,
regarding the NYS Community Development Block Grant for Innovative Manufacturing
Solutions, Inc. (IMS) and the Concurrence of Determination of Categorical Exclusion under 24
CFR 5 8.3 5 (b). All voting aye, the motion was carried.
There was discussion regarding the request made by C'Ville, LLC, dated March 6, 2014,
to rename Finger Lakes East Drive to Byrne Hollow Crossing. Attorney Folmer explained that if
the Board did not have any opposition to the change, he would communicate the same to the
County Planning Department and see how they wanted to proceed.
Supervisor Tupper mentioned that Byrne Dairy inquired about changing the name of the
road about a year ago. At the time, he questioned whether or not the change could be done
because of the federal funds involved and all of the documentation. He was told that there would
be no problems. The Board did not object to the name change.
RESOLUTION #61 AUTHORIZE CHANGE OF NAME OF A TOWN STREET AND
HIGHWAY FROM FINGER LAKES EAST DRIVE TO BYRNE
HOLLOW CROSSING
Motion by Councilman Leach
Seconded by Councilman Testa
VOTES: AYE - Tupper, Testa, Rocco, Proud, Leach NAY - 0
ADOPTED
WHEREAS, Finger Lakes East Drive was accepted as a road dedication by the Cortlandville
Town Board on February 1, 2012 as a street and highway, and
WHEREAS, the Town Board of the Town of Cortlandville received a request from C'Ville, LLC
to rename their "campus" to Byrne Hollow Farms in order to identify their facilities and
surrounding lands, therefore
BE IT RESOLVED, the Town Board of the Town of Cortlandville does herby authorize the
street and highway currently known as Finger Lakes East Drive shall be renamed as Byrne
Hollow Crossing, and it is further
RESOLVED, the Town Clerk is hereby authorized and directed under Town Law Section 64. (9)
to notify the appropriate agencies within ten days of said adoption.
There was a brief discussion in regard to obtaining a Town credit card to be used to pay
vendor transactions that only accept credit cards. Supervisor Tupper informed the Board that the
need for a credit card recently arose when the Town had to register its domain name and the only
accepted method of payment was by credit card. Supervisor Tupper mentioned that he inquired
with other municipalities and found that most of them have a commercial credit card.
RESOLUTION #62 AUTHORIZE SUPERVISOR TO APPLY FOR A CREDIT
CARD FOR THE TOWN OF CORTLANDVILLE
Motion by Councilman Proud
Seconded by Councilman Testa
VOTES: AYE - Tupper, Testa, Rocco, Proud, Leach NAY - 0
ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to apply
for a credit card for the Town of Cortlandville to be used to pay vendor transactions that only
accept credit cards.
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MARCH 19, 2014 TOWN BOARD MEETING PAGE 6
There was discussion regarding the. Route 13 Sewer Improvement Project. Supervisor
Tupper explained that the USDA provided the Town with a list of items that must be completed
before going out to bid for the project, which included the adoption of a loan resolution. Rich
DeGuida from Clough Harbour & Associates anticipated that the Town could go out to bid in
April 2014 as long as the required paperwork was complete.
RESOLUTION #63 A RESOLUTION OF THE TOWN BOARD OF THE TOWN OF
CORTLANDVILLE AUTHORIZING AND PROVIDING FOR
THE INCURRENCE OF INDEBTEDNESS FOR THE PURPOSE
OF PROVIDING A PORTION OF THE COST OF ACQUIRING,
CONSTRUCTING, ENLARGING, IMPROVING, AND/OR
EXTENDING ITS SEWER FACILITY TO SERVE AN AREA
LAWFULLY WITHIN ITS JURISDICTION TO SERVE
Motion by Councilman Leach
Seconded by Councilman Testa
VOTES: AYE - Tupper, Testa, Rocco, Proud, Leach NAY - 0
ADOPTED
WHEREAS, it is necessary for the Town of Cortlandville (herein after called Association) to
raise a portion of the cost of such undertaking by issuance of its bonds in the principal amount of
Three Million Four Hundred Ninety -Five Thousand and XX/100 Dollars ($3,495,000.00)
pursuant to the provisions of NYS Local Finance Laws; and
WHEREAS, the Association intends to obtain assistance from the United States Department of
Agriculture, (herein called the Government) acting under the provisions of the Consolidated
Farm and Rural Development Act (7 U.S.C. 1921 et seq.) in the planning, financing, and
supervision of such undertaking and the purchasing of bonds lawfully issued, in the event that no
other acceptable purchaser for such bonds is found by the Association:
NOW THEREFORE, in consideration of the premises the Association hereby resolves:
1. To have prepared on its behalf and to adopt an ordinance or resolution for the
issuance of its bonds containing such items and in such forms as are required by State
statutes and as are agreeable and acceptable to the Government.
2. To refinance the unpaid balance, in whole or in part, of its bonds upon the request of
the Government if at any time it shall appear to the Government that the Association
is able to refinance its bonds by obtaining a loan for such purposes from responsible
cooperative or private sources at reasonable rates and terms for loans for similar
purposes and periods of time as required by section 333(c) of said Consolidated Farm
and Rural Development Act (7 U.S.C. 1983(c)).
3. To provide for, execute, and comply with Form RD 400-4, "Assurance Agreement,"
and Form RD 400-1, "Equal Opportunity Agreement," including an "Equal
Opportunity Clause," which clause is to be incorporated in, or attached as a rider to,
each construction contract and subcontract involving in excess of $10,000.
4. To indemnify the Government for any payments made or losses suffered by the
Government on behalf of the Association. Such indemnification shall be payable
from the same source of funds pledged to pay the bonds or any other legally
permissible source.
5. That upon default in the payments of any principal and accrued interest on the bonds
or in the performance of any covenant or agreement contained herein or in the
instruments incident to making or insuring the loan, the Government at its option may
(a) declare the entire principal amount then outstanding and accrued interest
immediately due and payable, (b) for the account of the Association (payable from
the source of funds pledged to pay the bonds or any other legally permissible source),
incur and pay reasonable expenses for repair, maintenance, and operation of the
facility and such other reasonable expenses as may be necessary to cure the cause of
default, and/or (c) take possession of the facility, repair, maintain, and operate or rent
it. Default under the provisions of this resolution or any instrument incident to the
making or insuring of the loan may be construed by the Government to constitute
default under any other instrument held by the Government and executed or assumed
by the Association, and default under any such instrument may be construed by the
Government to constitute default hereunder.
MARCH 19, 2014
PAGE 7
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6. Not to sell, transfer, lease, or otherwise encumber the facility or any portion thereof,
or interest therein, or permit others to do so, without the prior written consent of the
Government.
7. Not to defease the bonds, or to borrow money, enter into any contractor agreement, or
otherwise incur any liabilities for any purpose in connection with the facility
(exclusive of normal maintenance) without the prior written consent of the
Government if such undertaking would involve the source of funds pledged to pay the
bonds.
8. To place the proceeds of the bonds on deposit in an account and in a manner
approved by the Government. Funds may be deposited in institutions insured by the
State or Federal Government or invested in readily marketable securities backed by
the full faith and credit of the United States. Any income from these accounts will be
considered as revenues of the system.
9. To comply with all applicable State and Federal laws and regulations and to
continually operate and maintain the facility in good condition.
10. To provide for the receipt of adequate revenues to meet the requirements of debt
service, operation and maintenance, and the establishment of adequate reserves.
Revenue accumulated over and above that needed to pay operating and maintenance,
debt service and reserves may only be retained or used to make prepayments on the
loan. Revenue cannot be used to pay any expenses which are not directly incurred for
the facility financed by USDA. No free service or use of the facility will be
permitted.
11. To acquire and maintain such insurance and fidelity bond coverage as may be
required by the Government.
12. To establish and maintain such books and records relating to the operation of the
facility and its financial affairs and to provide for required audit thereof as required
by the Government, to provide the Government a copy of each such audit without its
request, and to forward to the Government such additional information and reports as
it may from time to time require.
13. To provide the Government at all reasonable times access to all books and records
relating to the facility and access to the property of the system so that the Government
may ascertain that the Association is complying with the provisions hereof and of the
instruments incident to the making or insuring of the loan.
14. That if the Government requires that a reserve account be established, disbursements
from that account(s) may be used when necessary for payments due on the bond if
sufficient funds are not otherwise available and prior approval of the Government is
obtained. Also, with the prior written approval of the Government, funds may be
withdrawn and used for such things as emergency maintenance, extensions to
facilities and replacement of short lived assets.
15. To provide adequate service to all persons within the service area who can feasibly
and legally be served and to obtain USDA's concurrence prior to refusing new or
adequate services to such persons. Upon failure to provide services which are
feasible and legal, such person shall have a direct right of action against the
Association or public body.
16. To comply with the measures identified in the Government's environmental impact
analysis for this facility for the purpose of avoiding or reducing the adverse
environmental impacts of the facility's construction or operation.
17. To accept a grant in an amount not to exceed $350,000 under the terms offered by the
Government; that the Town Supervisor and Town Clerk of the Association are hereby
authorized and empowered to take all action necessary or appropriate in the execution
of all written instruments as may be required in regard to or as evidence of such grant;
and to operate the facility under the terms offered in said grant agreement(s).
The provisions hereof and the provisions of all instruments incident to the making or the
insuring of the loan, unless otherwise specifically provided by the terms of such
instrument, shall be binding upon the Association as long as the bonds are held or insured
by the Government or assignee. The provisions of sections 6 through 17 hereof may be
provided for in more specific detail in the bond resolution or ordinance; to the extent that
the provisions contained in such bond resolution or ordinance should be found to be
inconsistent with the provisions hereof, these provisions shall be construed as controlling
between the Association and the Government or assignee.
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MARCH 19, 2014 TOWN BOARD MEETING PAGE 8
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No further comments or discussion were heard.
Councilman Leach made a motion, seconded by Councilman Rocco, to adjourn the
Regular Meeting. All voting aye, the motion was carried.
The meeting was adjourned at 5:45 p.m.
Respectfully submitted,
wa'� 07•-4�
Karen Q. Snyder, RMC
Town Clerk
Town of Cortlandville
*Note:
The draft version of this meeting was submitted to the Town Board for their review on March 28, 2014.
The draft version of this meeting was approved as written at the Town Board meeting of April 2, 2014.