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NOVEMBER 07, 2012 5:05 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, John C. Proud
Councilman, Gregory K. Leach
Town Clerk, Karen Q. Snyder, RMC
Excused: Councilman, Ronal L. Rocco
Others present were: Town Attorney, John Folmer; Highway Sup't. Carl Bush; Cortland
County Legislator, Kevin Whitney; Cortlandville Zoning Board of Appeals Member, David C.
Alexander; News Reporters: Eric Mulvihill from WXHC, Neil Benjamin from the Cortland
Standard, and Sharon Stevans for Channel 2, Access TV.
Supervisor Tupper called the meeting to order.
Councilman Leach made a motion, seconded by Councilman Testa, to approve the Draft
Town Board Minutes of October 3, 2012. All voting aye, the motion was carried.
Councilman Proud mentioned that on page 2, paragraph 5 of the October 17, 2012 Draft
Town Board Minutes, there was discussion regarding letters being reviewed by the Board, as
suggested by Councilman Rocco. Councilman Proud stated that the particular letter being
mentioned was reviewed. Councilman Proud read from the Draft Minutes: "Councilman Proud
agreed with Councilman Rocco that the Board should make it a policy that letters be approved by
the Board." Councilman Proud stated it was not his intent for all letters that go out from the
Town to have to come before the Board for approval. He requested the language be changed to
"such letters".
Councilman Leach made a motion, seconded by Councilman Testa, to approve the Draft
Town Board Minutes of October 17, 2012 as amended. All voting aye, the motion was carried.
Councilman Proud made a motion, seconded by Councilman Leach, to receive and file
the Cortlandville Planning Board Minutes of September 25, 2012. 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 September 25, 2012. All voting aye, the
motion was carried.
RESOLUTION 4203 AUTHORIZE PAYMENT OF VOUCHERS — NOVEMBER
Motion by Councilman Proud
Seconded by Councilman Leach
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the vouchers submitted have been audited and shall be paid as follows:
General Fund A
Vouchers #558 - 583
$ 97,231.15
General Fund B
B152 - B159
$ 10,685.94
Highway Fund DB
D413 - D442
$236,514.27
Trust & Agency
T28 - T30
$ 29,542.76
Special Grants
C26 - C31
$ 16,170.64
Water Fund
W303 - W314
$ 80,988.25
Sewer Fund
5145 - 5152
$106,536.94
Supervisor Tupper offered privilege of the floor to those in attendance. No requests were
made.
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NOVEMBER 07, 2012 TOWN BOARD MEETING PAGE 2
The monthly reports of the Code Enforcement Officer, Fire & Safety Inspection Report,
Town Clerk, Supervisor, and Water & Sewer Department for the month of October 2012 were on
the table for review and are filed in the Town Clerk's Office.
Councilman Leach made a motion, seconded by Councilman Proud, to receive and file
the adopted 2013 Operating Budget of the Cortlandville Fire District, as well as correspondence
from Scott Roman, District Treasurer, dated October 30, 2012, regarding the budget for the Fire
District. All voting aye, the motion was carried.
Supervisor Tupper commented on the Town's 2013 Preliminary Budget. He mentioned
that some budget cuts were made from the Tentative Budget to the Preliminary Budget, which
should decrease the Town tax rate. Supervisor Tupper was not sure if there would be a one cent
increase from the 2012 Town tax rate or if the tax rate would remain the same as the 2012 rate.
Supervisor Tupper stated it was a good budget and that the tax levy was about the same as it has
been every year. The Town was using a little less of its reserves than in the past. The Town was
also being conservative on sales tax until the Board sees how the new sales tax contract plays
out. Councilman Testa congratulated Supervisor Tupper for his efforts in the past eight years
that he has worked on the budget in which the Town has not seen a tax increase.
Councilman Proud made a motion, seconded. by Councilman Testa, to receive and file
correspondence from Time Warner Cable, dated November 1, 2012, regarding programming
services. All voting aye, the motion was carried.
Under old business, Supervisor Tupper reminded the Board that they tabled action on the
contract regarding the Interoperable Communication System and asked that County Legislator,
Kevin Whitney come before the Board to answer questions. Attorney Folmer requested Mr.
Whitney talk about the provision in the agreement that indicates that the County owns the
equipment for a period of time but the Town is responsible for all of the maintenance costs; and
that at the end of the 10-year period the equipment will become the Town's unless the County
changes its mind and wants it back.
Mr. Whitney stated he could speak to every part of that with the exception of wanting the
equipment back, which could be addressed with Mr. Purser, the County Attorney. Mr. Whitney
explained that the County had no intention to own the radios however they are incorporated in
the lease from. Motorola. The County was hopeful that when they applied the $4 million grant
which they received for the lease, they would be able to get documentation stating that $2.5
million of the grant paid for the radios. However, according to the Motorola leasing company
everything was in a "lump sum" in the lease and there was no way to separate the radios out. He
stated it was not the County's intent to have an ownership right to them. Mr. Purser was the one
who pointed it out to the County and was able to give ownership rights to the municipalities after
3 years, which was the length of the warranty and also the time it would take to pay the lease off;
by law the County was not allowed to turn ownership over until the lease is paid off.
Attorney Folmer stated that according to the agreement ownership' would not transfer to
the user (the Town) for 10 years. Mr. Whitney was confusing the maintenance part of the
agreement which would be the municipality's responsibility after 3 years: Mr. Whitney stated
there was concern amongst municipalities about paying for maintenance after three years. He
mentioned that if one of the Town's radios broke right now the Town would have to pay for the
repairs. He stated that at the end of three years the radios would probably not need maintenance
right away and noted that the Ithaca Fire Department has used the system for five years and
hasn't had any issues with their radios. Mr. Whitney apprised the Board that the County has a
significant cost to maintain the infrastructure of the system, including software upgrades and
power to the sites and was looking for the municipality to take care of repairs to radios versus the
County trying to manage every town and village.
Attorney Folmer referred to paragraph 3.3 of the agreement, and stated he did not see any
reference to 3 years. Mr. Whitney read from the agreement and stated it was a liberal
interpretation on his part because both he and the County knew it was a 3 year warranty.
Supervisor Tupper stated that the Town would not have any maintenance expenses until 2016.
Councilman Proud questioned what the warranty covered. Mr. Whitney gave a few
examples of what may be covered, and stated that it would not include loss. He could not think
of an issue that the Town Highway Department would have with the radios or why they would
break.
NOVEMBER 07, 2012
5:00 P.M.
PUBLIC HEARING NO. 1
2013 PRELIMINARY BUDGET
A Public Hearing was held by the Town Board of the Town of Cortlandville at the
Raymond G. Thorpe Municipal Building, 3577 Terrace Road, Cortland, New York, concerning
the 2013 Preliminary Budget.
Members present: Supervisor, Richard C. Tupper
Councilman, Theodore V. Testa
Councilman, John C. Proud
Councilman, Gregory K. Leach
Town Clerk, Karen Q. Snyder, RMC
Excused: Councilman, Ronal L. Rocco
Others present were: Town Attorney, John Folmer; Highway Sup't. Carl Bush; Cortland
County Legislator, Kevin Whitney; Cortlandville Zoning Board of Appeals Member, David
Alexander; News Reporters: Eric Mulvihill from )vVXHC, Neil Benjamin from the Cortland
Standard, and Sharon Stevans for Channel 2, Access TV.
Supervisor Tupper called the Public Hearing to order.
Town Clerk, Karen Q. Snyder read aloud the Legal Notice as published, posted and filed.
Supervisor Tupper offered privilege of the floor to those in attendance.
No comments or discussion were heard.
The Public Hearing was closed at 5:05 p.m.
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NOVEMBER 07, 2012 TOWN BOARD MEETING PAGE 3
Mr. Proud recalled that when the Town supported the Interoperable Communication
System that all of the expenses would go to the County. While he did not think that the expense
of the maintenance would be that great unless a radio had to be replaced, he questioned whether
routine maintenance would be necessary. Mr. Whitney stated that through the project the County
has provided all of the equipment and radios, and as a co -sharer, that would be the extent.
Routine maintenance would not be necessary.
Attorney Folmer requested Mr. Whitney ask Mr. Purser if he would include in paragraph
3.3 some specific reference to the warranty. In the last two sentences, the agreement mentions
things that will happen to the extent covered by said warranty which indicates that there was a
mention of a warranty. Attorney Folmer did not see that there was. If the language was in there
the Town would know that the 3 years was spelled out. Mr. Whitney indicated that Mr. Snyder
had the same question regarding the towns that he represents, and Mr. Purser allowed him to add
similar language.
Attorney Folmer also mentioned paragraph 10 of the agreement regarding appropriations.
The County has taken care of the funding so there is no financial liability for the Town other than
monies that have already been appropriated; the Town has not appropriated any money. The
other item Attorney Folmer was concerned with was the "substitute of service", which he would
discuss with Mr. Purser.
Mr. Whitney informed the Board that the radios will have to go to an authorized
Motorola vendor for repair. There are five vendors in the area.
Councilman Leach questioned whether there was a cost to install the radios, and whether
the new radios would eliminate the mobile radios the Town currently has. Mr. Whitney
explained that cost of installation was covered through the project. He deferred the second
question to Highway Sup't. Bush, and stated that the Cortlandville Fire District would disband
their radios.
Attorney Folmer questioned whether the new radios would be compatible if wind
turbines are installed in the County. Mr. Whitney could not answer the question, but informed
the Board that a meeting was scheduled between the County and TCI in December to discuss
interference.
RESOLUTION 4204 AUTHORIZE SUPERVISOR TO SIGN THE INTEROPERABLE
COMMUNICATION SYSTEM AGREEMENT BETWEEN THE
TOWN OF CORTLANDVILLE AND THE COUNTY OF
CORTLAND
Motion by Councilman Leach
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to sign the
Interoperable Communication System Agreement between the Town of Cortlandville and the
County of Cortland when it has been approved by the Town Attorney.
Attorney Folmer reported:
Walgreens Stormwater Management System:
Attorney Folmer stated that in April 2009 the Town began a process to deal with the
Walgreen's Stormwater Management System, which was now complete. Attorney Folmer
apprised the Board he wrote a letter to James Trasher of Clough Harbour & Associates and
included the report generated by CHA in July 2011, the final report from Chuck Feiszli dated
September 18, 2012, the bill from Mr. Feiszli (to be paid by CHA), and the Planning Board
Project Activity Log. The system has been repaired to 95% efficiency; to repair the system
further would be costly. Future testing to the system would be conducted in 1, 5, and 10 years.
Attorney Folmer asked the Board to receive and file his letter and attachments which he sent to
CHA.
Councilman Proud made a motion, seconded by Councilman Testa, to receive and file
correspondence from Attorney Folmer to Clough Harbour & Associates, LLP, dated October 30,
2012, including the final report and invoice from Chuck Feiszli of Resource Associates dated
September 18, 2012, the Storm Sewer Investigation dated July 2011 prepared by CHA, and the
Planning Board Project Activity Log, regarding the Walgreen's Stormwater Management
System. All voting aye, the motion was carried.
NOVEMBER 07, 2012 TOWN BOARD MEETING
PAGE 4
Westvale Drive — Sale of a Portion of Town Property:
Attorney Folmer reminded the Board they authorized the sale of a portion of Town
property located on Westvale Drive subject to permissive referendum. The notice was published
on October 6, 2012 and the 30-day period of time has passed with no petitions being filed. The
transaction could be completed.
RESOLUTION #205 AUTHORIZE SUPERVISOR TO SIGN THE TRANSFER
DOCUMENTS FOR THE SALE OF A PORTION OF TOWN
PROPERTY LOCATED ON WESTVALE DRIVE
Motion by Councilman Proud
Seconded by Councilman Leach
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to sign the
transfer documents for the sale of a portion of Town property (90 x 15 feet) located on Westvale
Drive, tax map #95.07-01-25.000, to James and Richelle Cicioni of 3703 Westvale Drive,
Cortland, New York, for the sum of $100.00, subject to approval of the final documents by
Attorney Folmer, and it is further
RESOLVED, a permissive referendum was published on October 6, 2012 with no such petitions
filed within the required time frame.
Councilman Proud mentioned that there was an article in the Cortland Standard
regarding the demolition of the former Golden Skillet Restaurant. He questioned when Attorney
Folmer suspected a decision would be made by the Judge.
Attorney Folmer informed the Board that he filed the Order to Show Cause with the
County Clerk this past Tuesday, which would establish a schedule for service of the
documentation on the owners of the building, and a date on which they are to appear to indicate
why they don't believe the building should be torn down. Attorney Folmer was waiting for
Judge Rumsey to get him that information.
RESOLUTION #206 AUTHORIZE SUPERVISOR TO SIGN THE OWNER -
OCCUPIED LOAN AGREEMENT BETWEEN THE TOWN AND
FRANCIS AND GRETCHEN GARROW FOR THE TOWN'S
2011 COMMUNITY DEVELOPMENT BLOCK GRANT
HOUSING REHABILITATION PROGRAM
Motion by Councilman Leach
Seconded by Councilman Proud
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize the Supervisor to sign the Owner -
Occupied Loan Agreement between the Town of Cortlandville and Francis and Gretchen Garrow,
3783 McGraw Marathon Road, McGraw, New York, for a 100% deferred loan for the 2011
Community Development Block Grant Housing Rehabilitation Program in the amount of
$28,805.00.
RESOLUTION #207 AUTHORIZE SUPERVISOR TO SIGN THE OWNER -
OCCUPIED LOAN AGREEMENT BETWEEN THE TOWN AND
MICHELLE TOWSLEY FOR THE TOWN'S 2011 COMMUNITY
DEVELOPMENT BLOCK GRANT HOUSING
REHABILITATION PROGRAM
Motion by Councilman Leach
Seconded by Councilman Proud
VOTES: ALL AYE ADOPTED
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NOVEMBER 07, 2012 TOWN BOARD MEETING PAGE 5
BE IT RESOLVED, the Town Board does hereby authorize the Supervisor to sign the Owner -
Occupied Loan Agreement between the Town of Cortlandville and Michelle Towsley, 1368 East
River Road, Cortland, New York, for a 100% deferred loan for the 2011 Community
Development Block Grant Housing Rehabilitation Program in the amount of $25,305.00.
RESOLUTION #208 AUTHORIZE SUPERVISOR TO SIGN THE OWNER -
OCCUPIED LOAN AGREEMENT BETWEEN THE TOWN AND
ELLEN CROSBY FOR THE TOWN'S 2011 COMMUNITY
DEVELOPMENT BLOCK GRANT HOUSING
REHABILITATION PROGRAM
Motion by Councilman Leach
Seconded by Councilman Proud
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize the Supervisor to sign the Owner -
Occupied Loan Agreement between the Town of Cortlandville and Ellen Crosby, 3645 Luker Road,
Cortland, New York, for a 100% deferred loan for the 2011 Community Development Block
Grant Housing Rehabilitation Program in the amount of $27,304.24.
RESOLUTION #209 AUTHORIZE SUPERVISOR TO SIGN THE AFFIDAVIT
REGARDING THE TOWN'S 2011 COMMUNITY
DEVELOPMENT BLOCK GRANT HOUSING
REHABILITATION PROGRAM BETWEEN THE TOWN AND
ELLEN CROSBY _
Motion by Councilman Leach
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize the Supervisor to sign the Affidavit
regarding the Town's 2011 Community Development Housing Rehabilitation Program, between the
Town of Cortlandville and Ellen Crosby, 3645 Luker Road, Cortland, New York regarding the
extension of loan funds by the Town's CDBG Program for the total amount of $27,304.24.
There was discussion regarding the proposed agreement with Thoma Development
Consultants for grant writing services for the 2013 NYS CDBG application for housing
rehabilitation. Supervisor Tupper explained that the Town has another opportunity for a
$400,000 CDBG for townwide housing rehabilitation, which would be based on income and
have no age requirements. According to Mr. Thoma there are 30+ names on a waiting list for
funding.
RESOLUTION #210 AUTHORIZE SUPERVISOR TO SIGN AGREEMENT WITH
THOMA DEVELOPMENT CONSULTANTS FOR GRANT
WRITING SERVICES FOR THE 2013 NYS COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) APPLICATION
Motion by Councilman Leach
Seconded by Councilman Proud
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to sign the
agreement with Thoma Development Consultants for Grant Writing Services for the 2013 NYS
Community Development Block Grant (CDBG) for the total cost of $4,000.00.
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NOVEMBER 07, 2012 TOWN BOARD MEETING PAGE 6
RESOLUTION 4211 APPOINT THOMAS A. ALOI TO THE CORTLANDVILLE
ZONING BOARD OF APPEALS
Motion by Councilman Leach
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
WHEREAS, due to the resignation of Zoning Board of Appeals Member Joann O'Rourke, there
is a vacancy, therefore
BE IT RESOLVED, the Town Board does hereby appoint Thomas A. Aloi of 3655 Levydale
Park, Cortland, New York to the Cortlandville Zoning Board of Appeals, effective November 1,
2012 and shall expire December 31, 2016.
There was a brief discussion regarding the Revised Aquifer Protection Permit
Application of Crown Court, LLC. Supervisor Tupper indicated that the revision was to double
the building size, and that Crown Court was in the process of purchasing the second outparcel
near the Wal-Mart Supercenter.
Councilman Leach questioned whether the company was a subsidiary of Wal-Mart.
Attorney Folmer did not know, but mentioned that if you Google the company it comes up as
shoe retail. At the Planning Board Meeting the company indicated that they were in discussion
with possible tenants but nothing was finalized.
RESOLUTION #212 REFER REVISED AQUIFER PROTECTION PERMIT
APPLICATION OF CROWN COURT, LLC TO THE TOWN
AND COUNTY PLANNING BOARDS FOR REVIEW AND
RECOMMENDATIONS
Motion by Councilman Leach
Seconded by Councilman Proud
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby refer the Revised Aquifer Protection Permit
application of Crown Court, LLC for property located at 818 Bennie Road, tax map #105.00-02-
04.000, to the Town and County Planning Boards for review and recommendations.
There was a brief discussion regarding the Single Audit for 2011. Supervisor Tupper
explained that an error was found with the Single Audit and it had to be corrected. The
correction was done by CDLM & Company, who completed the first audit.
Councilman Proud made a motion, seconded by Councilman Leach, to receive and file
correspondence from NYS Homes & Community Renewal, dated October 23, 2012, regarding
the Single Audit for 2011. All voting aye, the motion was carried.
Councilman Leach made a motion, seconded by Councilman Proud, to receive and file
the corrected Schedule of Expenditures of Federal Awards for the Year Ended December 31,
2011 from Duane Shoen, CPA from CDLM & Company, LLP, dated November 2, 2012. All
voting aye, the motion was carried.
Supervisor Tupper discussed correspondence from the Cortland County Health
Department regarding grants for radon and lead in Cortland County. A booklet "Building Radon
Out", was filed with the Town Clerk's Office for anyone interested.
Councilman Proud made a motion, seconded by Councilman Leach, to receive and file
correspondence from the Cortland County Health Department, dated November 2, 2012,
regarding grants for radon and lead in Cortland County. All voting aye, the motion was carried.
NOVEMBER 07, 2012 TOWN BOARD MEETING PAGE 7
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RESOLUTION #213 AUTHORIZE PRE -APPROVAL REQUEST OF DALYCE
HEWES FOR THE 2011 COMMUNITY DEVELOPMENT
BLOCK GRANT HOUSING REHABILITATION PROGRAM
Motion by Councilman Leach
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize the pre -approval request of Dalyce
Hewes, for property located at 2284 Blodgett Mills Road in the Town of Cortlandville, for a
100% deferred loan for the 2011 Community Development Block Grant Housing Rehabilitation
Program, and it is further
RESOLVED, the work to be completed would include a new well, for the total cost of
$8,389.00.
Supervisor Tupper reminded the Board that the next scheduled Board Meeting would be
held Tuesday, November 20, 2012 at 5:00 p.m.
No further comments or discussion were heard.
Councilman Leach made a motion, seconded by Councilman Testa, to adjourn the
Regular Meeting. All voting aye, the motion was carried.
The meeting was adjourned at 5:40 p.m.
Respectfully submitted,
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 November 16, 2012.
The draft version of this meeting was approved as written at the Town Board meeting of November 20, 2012.