HomeMy WebLinkAbout01-19-2011zz�
JANUARY 19, 2011
5:00 P.M.
PUBLIC HEARING NO. 1
COMMUNITY DEVELOPMENT BLOCK GRANT
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
submitting an application to the New York State Office of Community Renewal for funding under
the federal Small Cities Community Development Program in 2011.
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; Ann
Hotchkin of Thoma Development Consultants; County Legislator, Susan Briggs; Ron Fuller, Jr:;
News Reporters: Jeremy Houghtaling from the Cortland Standard, and Eric Mulvihill from
WXHC.
Supervisor Tupper called the Public Hearing to order.
Town Clerk, Karen Q. Snyder, read aloud the published, posted and filed legal notice.
Supervisor Tupper offered privilege of the floor to Arm Hotchkin.
Ann Hotchkin, representing Thoma Development Consultants, explained that the purpose
of the first public hearing was an opportunity to explain the Community Development Block
Grant Program. The specifics of what the Town would be applying for would not be discussed
until the second public hearing. The Town could apply for the following grants: Housing
Rehabilitation; New Home Ownership Opportunities; Water and Sewer Projects. During an
open funding round, Mrs. Hotchkin explained that the Town could apply for a grant for small
businesses, micro enterprises (businesses of five people or fewer), or an economic development
project.
Mrs. Hotchkin explained that the grant application is due May 27, 2011, as opposed to
the Economic Development Grant, which the Town can apply for at any time during the year.
Mrs. Hotchkin apprised the Board that 70% of the funds applied for must benefit low -to -
moderate income persons. Typically, for a housing rehabilitation project there would be income
limits. For an economic development project, 51% of the jobs created must be for people who
are low -to -moderate income.
Councilman Proud questioned what the restrictions were under the water and sewer
proj ects.
Mrs. Hotchkin explained that under the housing rehabilitation program, the Town could
use the grant money for hookups to municipal water and sewer. For a regular water and sewer
project, it would fall under an economic development project, and the Town would have to
create the required amount of jobs.
No further comments or discussions were heard.
The Public Hearing was closed at 5:05 p.m.
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JANUARY 19, 2011
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, 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; Ann
Hotchkin of Thoma Development Consultants; County Legislator, Susan Briggs; Ron Fuller, Jr.;
News Reporters: Jeremy Houghtaling from the Cortland Standard, and Eric Mulvihill from
WXHC.
Supervisor Tupper called the meeting to order.
The Draft Town Board Minutes of December 15, 2010 were submitted to the Board for their
review, and would be added to the February 2, 2011 Town Board Agenda for approval.
RESOLUTION #20 AUTHORIZE SUPERVISOR TO SIGN
PURCHASE ORDER #1131 AND #1132
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
Purchase Order #1131 and #1132 submitted by Highway Sup't. Carl Bush for the purchase of
280 tons of treated salt and deicing salt from Cargill Salt.
RESOLUTION #21 AUTHORIZE SUPERVISOR TO SIGN
PURCHASE ORDER #1133
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
Purchase Order #1133 submitted by Highway Sup't. Carl Bush for the purchase of a Stadium
International, Turbo Charger & EGR Valve for the 2005 International 6-Wheel Dump Truck
(2923-D-HWY), in the amount of $2,996.54.
RESOLUTION #22 AUTHORIZE SUPERVISOR TO SIGN
PURCHASE ORDER #1134
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
Purchase Order #1134 submitted by Highway Sup't. Carl Bush for the purchase of a Stadium
International, Turbo Charger & EGR Valve for the 2006 International 6-Wheel Dump Truck
(2922-D-HWY), in the amount of $2,821.10.
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JANUARY 19, 2011 TOWN BOARD MEETING PAGE 2
RESOLUTION #23 AUTHORIZE PAYMENT OF VOUCHERS - JANUARY
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 #21 - 59
$ 88,181.82
General Fund B
B2 - B6
$ 2,941.34
Highway Fund DB
D15 - D36
$ 49,775.36
Water Fund
W8 - W19
$273,469.00
Sewer Fund
S3 - S4
$193,465.99
Capital Project
H2 - H4
$ 216.44
Supervisor Tupper offered privilege of the floor to Susan Briggs.
County Legislator, Susan Briggs apprised the Board she was in attendance to give an
update on some County issues.
Legislator Briggs reported on the status of the installation of a traffic light at the
intersection of Route 222 and Fairview Drive/Highland Road. The electrical work has been
done, and the State has until June 2011 to erect the traffic light.
Secondly, Legislator Briggs apprised the Board the County Legislature recently passed
the Cold War Veterans Exemption for the County. She thanked the Town of Cortlandville for
taking the lead on adopting the exemption for Town residents in 2010.
Legislator Briggs apprised the Board the two big items facing the Legislature in 2011 are
in regard to the County Landfill/Recycling and the County Communication System. Any input
from the Town was welcomed. She mentioned that the Legislature has been told by the County
Attorney that the County cannot sell the landfill. There are short-term solutions to discuss as
suggested by the En -Sol engineering report.
The Communication System is a very expensive project, estimated at a cost of $16
million, which would commit taxpayers for the next 14 years. The project started out at an
estimated $2.5 million. Grant money is available for the project, and Senator Seward extended
his help to acquire the grant money. Legislator Briggs stated she personally received phone calls
in favor of the project from different fire fighter groups and law enforcement in the County. She
mentioned that the project was a federally mandated item, which they would like to see in place
by 2013.
Supervisor Tupper questioned whether the Cortlandville Fire Department would be
required to upgrade its equipment, and if so, whether the cost was included in the $16 million.
Legislator Briggs explained that the project would pay for new equipment/radio system
for fire departments throughout the County. There would also be maintenance of the equipment,
which would be an ongoing cost.
Councilman Rocco questioned Kevin Whitney's involvement in the project.
Legislator Briggs stated that Kevin Whitney has been very instrumental in the project,
and has talked about how important the project was for the community. The new system would
increase cellular coverage in the County to about 95% versus the current 55% coverage.
Lastly, Legislator Briggs mentioned that the first Airport Advisory Board meeting would
be held Wednesday, January 26, 2011 at=7:30 p.m. at the County Highway Department located
on Traction Drive. She thanked the Board for their support in helping her to serve on the
Advisory Board.
Councilman Rocco questioned whether the public would be allowed to comment at the
Advisory Board meetings, and suggested they include a public comment period at the meetings.
Legislator Briggs encouraged residents to attend the meetings, which are open to the
public. She mentioned that decisions are made at committee meetings and then brought to the
Legislature. She agreed with Councilman Rocco's suggestion for a public comment period and
stated she would bring the topic up at the first Advisory Board meeting.
Councilman Leach thanked Legislator Briggs for her help adopting partial payments for
tax collection Countywide.
Legislator Briggs thanked Town Clerk Snyder for her role in the adoption of partial
payments.
Town Clerk Snyder mentioned that she received positive feedback from the public on
partial payments as they -come in to pay their 2011 Town and County tax bills.
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JANUARY 19, 2011 TOWN BOARD MEETING PAGE 3
Councilman Rocco asked Legislator Briggs to help the Town regarding concerns over the
noise caused by trucks using engine brakes in the Town on Route 222 and McLean Road, as
discussed at the January 5, 2011 Town Board Meeting. Legislator Briggs would discuss the
Town's concern at the County Highway Department Committee meeting.
The monthly reports of the Town Justice and Town Supervisor for the month of December
2010 were on the table for review and are filed in the Town Clerk's office.
RESOLUTION #24 ACCEPT ANNUAL REPORT OF THE TOWN CLERK
Motion by Councilman Proud
Seconded by Councilman Leach
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Annual Report of the Town Clerk for the year 2010 is hereby accepted,
and shall be received and filed.
There was discussion regarding the appointment of an Alternate Planning Board Member.
Supervisor Tupper apprised the Board he discussed the issue with Planning Board Chair, Kathy
Wickwire, who did not believe it was necessary to appoint an alternate member. She added that
in her time as Chair of the Planning Board, there has never been a time in which a quorum was
not met. Planning Board Member Renzi also agreed that in the past seven years the board has
always had a quorum. Supervisor Tupper questioned what the Board felt regarding the issue.
Councilman Rocco agreed that an Alternate Planning Board Member was not necessary,
and stated it would be hard for an alternate member to step in and make a decision during the
absence of another member.
RESOLUTION #25 REJECT PROPOSAL FOR APPOINTMENT OF AN
ALTERNATE TOWN PLANNING BOARD MEMBER
Motion by Councilman Testa
Seconded by Councilman Leach
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby reject the proposal for the appointment of an
Alternate Town Planning Board Member.
There was discussion regarding an updated Personnel Policy for the Town of
Cortlandville. Supervisor Tupper recalled that he presented the Board with a proposed updated
Personnel Policy, which was prepared by Paychex Inc. He suggested the Board discuss the
adoption of the updated policy at their next meeting. The updated policy would put.the Town in
compliance with the new labor laws.
There was discussion regarding the Aquifer Protection Permit application submitted by
Steve Terwilliger for property located on Route 13. At the January 5, 2011 meeting, the Board
tabled referring the application to the Town and County Planning Boards until the applicant
appeared before the Town Planning Board. Attorney Folmer apprised the Board that although
the Town Planning Board had not met for the month of January, it was okay for the Board to
refer the application to the County at this time.
RESOLUTION #26 REFER AQUIFER PROTECTION PERMIT APPLICATION
SUBMITTED BY STEVE TERWILLIGER TO THE TOWN
AND COUNTY PLANNING BOARDS FOR REVIEW AND
RECOMMENDATIONS
Motion by Councilman Testa
Seconded by Councilman Proud
VOTES: ALL AYE ADOPTED
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JANUARY 19, 2011 TOWN BOARD MEETING PAGE 4
BE IT RESOLVED, the Aquifer Protection Permit application submitted by Steve Terwilliger for
property located on Route 13, owned by John McGee, tax map #105.00-01-44.000, shall be
forwarded to the Town and County Planning Boards for review and recommendations.
Under new business, Town Clerk Snyder reported on the success of dog licensing in the
Town since the beginning of the year, and noted that dog owners have been receptive of the
changes. She added that she and Attorney Folmer met with the SPCA earlier today regarding
how they would help implement dog control in the Town.
Attorney Folmer reported:
Contract with Cortland County SPCA:
Attorney Folmer apprised the Board that he and Town Clerk Snyder met with
representatives of the SPCA today to discuss the 2011 contract. Revisions were necessary as a
result of the Town's new dog ordinance. The SPCA would make the necessary changes to the
contract and submit it to the Town to be signed. Attorney Folmer requested the Board authorize
the Supervisor to sign the contract subject to both his and Town Clerk Snyder's approval.
RESOLUTION 427 AUTHORIZE SUPERVISOR TO SIGN CONTRACT BETWEEN
THE TOWN AND THE CORTLAND COUNTY SPCA
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
2011 annual contract between the Town of Cortlandville and the Cortland County SPCA, subject
to approval from the Town Attorney and the Town Clerk.
1 St Contract Payment to the Cortland County SPCA:
Attorney Folmer explained that included in the vouchers that were approved earlier in the
meeting, the Board authorized the lst contract payment to the SPCA. Although the 2011 contract
has not been signed, he stated it was okay to make the payment in anticipation of the signed
contract.
RESOLUTION #28 AUTHORIZE SUPERVISOR TO SIGN THE OWNER -
OCCUPIED LOAN AGREEMENT BETWEEN THE TOWN AND
GRACE BARTHOLOMEW FOR THE 2008 HOME GRANT
SENIOR HOUSING REHABILITATION PROGRAM
Motion by Councilman Proud
Seconded by Councilman Testa
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 Grace Bartholomew, 521
McLean Road, Cortland, New York, for a 100% deferred loan for the 2008 HOME Grant - Senior
Housing Rehabilitation Program in the amount of $5,040.00.
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JANUARY 19, 2011 TOWN BOARD MEETING PAGE 5
RESOLUTION #29 AUTHORIZE SUPERVISOR TO SIGN THE GRANT WRITING
SERVICE AGREEMENT BETWEEN THE TOWN AND
THOMA DEVELOPMENT CONSULTANTS FOR THE 2011
COMMUNITY DEVELOPMENT BLOCK GRANT — HOUSING
RESUBMISSION
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
Grant Writing Agreement between the Town of Cortlandville and Thoma Development
Consultants for the 2011 Community Development Block Grant — Resubmission of the Housing
Rehabilitation Grant, for the total cost of $750.00.
RESOLUTION 430 AUTHORIZE WATER & SEWER SUP'T. TO LET OUT TO BID
FOR THE EXTERIOR CLEANING, PATCHING AND
COATING OF 2-1.0 MG CONCRETE WATER STORAGE
Motion by Councilman Proud
Motion by Councilman Leach
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize and direct Water & Sewer Sup't.
Peter Alteri to let out to bid for the Exterior Cleaning, Patching and Coating of 2-1.0 MG
Concrete Water Storage Tanks (Blue Creek Road and NYS Route 215), and it is further
RESOLVED, that the bids shall be opened at 2:00 p.m. on February 2, 2011 at the office of the
Town Clerk, and shall be awarded at the February 16, 2010 Town Board Meeting at 5:00 p.m.
RESOLUTION #31 SCHEDULE PUBLIC HEARING FOR FEDERAL SMALL
CITIES COMMUNITY DEVELOPMENT BLOCK GRANT —
FOR FEBRUARY 16, 2011
Motion by Councilman Proud
Seconded by Councilman Leach
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, a Public Hearing shall be scheduled for February 16, 2011 at 5:00 p.m.
regarding an application to New York State for funding under the Federal Small Cities
Community Development Block Grant Program.
Town Clerk Snyder explained the public hearing would be the second, required public
hearing for the Small Cities Community Development Block Grant Program.
RESOLUTION #32 AUTHORIZE EXTENSION OF TIME FOR TAX
COLLECTION TO MAY 31, 2011
Motion by Councilman Testa
Seconded by Councilman Rocco
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Supervisor is hereby authorized and directed to sign and forward a
request for an extension of the tax collection program until May 31, 2011 to the Cortland County
Treasurer, in compliance with Section 938 of the Real Property Tax Law.
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JANUARY 19, 2011 TOWN BOARD MEETING PAGE 6
RESOLUTION #33 AUTHORIZE HIGHWAY SUP'T. TO PURCHASE ONE NEW
10-WHEEL DUMP TRUCK WITH PLOW AND SANDER
FROM THE STATE BID
Motion by Councilman Rocco
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize and direct the Highway Sup't. Carl
A. Bush to purchase one new 10-Wheel Dump Truck with Plow and Sander from the State Bid,
in an amount not to exceed $190,000.00.
Councilman Proud made a motion, seconded by Councilman Testa, to receive and file
correspondence from the Gail Hammond, Executive Vice President, New York State Homes &
Community Renewal, dated January 14, 2011, regarding the NYS Community Development
Block Grant Project for Pyrotek. All voting aye, the motion was carried.
Supervisor Tupper explained there was a balance of $490.00 left for Pyrotek's CDBG.
Thoma Development Consultants would look into the matter to see where the remainder of the
grant money should be spent.
There was discussion regarding the request made by Water & Sewer Sup't. Alteri to sell
surplus used Sensus water meters. Councilman Proud explained that with the installation of the
new iPERL water meters the Town would have surplus used meters to dispose of. Auctions
International is an online silent auction that Water & Sewer Sup't. Alteri would like to use.
RESOLUTION #34 AUTHORIZE WATER & SEWER SUP'T. TO SELL SURPLUS
USED SENSUS WATER METERS USING AUCTIONS
INTERNATIONAL
Motion by Councilman Proud
Seconded by Councilman Leach
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize and direct the Water & Sewer Sup't.
to sell twenty-five (25) surplus used 5/8" X 3/4" Sensus water meters using Auctions
International, an online silent auction site.
Supervisor Tupper apprised those in attendance that he, Attorney Folmer, and
Councilman Testa met with James Trasher, Clough Harbour & Associates (CHA), to discuss
wind turbines. Mr. Trasher is the expert at CHA with regard to wind turbines. He has assisted
towns in writing regulations to both allow and not allow wind turbines. He has also written
specifications to build turbines. After the meeting, Supervisor Tupper and Councilman Testa
discussed hiring CHA to assist the Town in developing wind turbine regulations. The Board was
in agreement to do so.
Supervisor Tupper explained that it would be expensive for Mr. Trasher to educate all
members of the Board at the same time. It was suggested that a sub -committee be formed to
travel to the CHA office in Syracuse to attend educational training sessions. Supervisor Tupper
suggested that Councilman Rocco be involved, as he has the most knowledge on the topic and
has spent the most time researching wind turbines. Attorney Folmer would also be involved.
Supervisor Tupper asked for a third volunteer for the sub -committee.
Supervisor Tupper explained that CHA is on retainer; the Town pays the engineering
firm per hour. There would be a cost for Mr. Trasher's services, but Supervisor Tupper was
confident the Town would receive "good solid advice."
Councilman Proud agreed to participate on the sub -committee. He stated the "charge
would be to develop regulations to bring back to the Board." Councilman Leach would serve as
an alternate if Councilman Rocco or Councilman Proud could not attend one of the meetings.
Supervisor Tupper agreed, and stated that wind turbines cannot be "zoned out of the
Town" and must therefore write wind turbine regulations for the Town. The Board planned to
have regulations in place before the moratorium on wind turbines expires.
Supervisor Tupper apprised the Board that Mr. Trasher would provide examples of
zoning regulations from other towns. Attorney Folmer also had examples of such regulations,
which he would provide to the Board. Councilman Rocco questioned whether the Board should
hold a public meeting to hear questions from the public, and what their concerns are, before
drafting an ordinance.
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JANUARY 19, 2011 TOWN BOARD MEETING PAGE 7
Attorney Folmer suggested the Board receive input from Mr. Trasher first. Once the sub-
committee has met with Mr. Trasher a few times, and has gained basic knowledge, the Board
could then decide whether or not they should schedule a work session and invite the public to
attend. To conduct a public meeting first would be premature.
Councilman Proud and Councilman Testa agreed with Attorney Folmer.
Councilman Rocco stated that his idea to hold a public meeting would be to allow the
public to ask questions that could be directed to CHA and answered at a later date. The Board
would not answer questions from the public, but would listen to questions that the Board may not
think to ask CHA.
Attorney Folmer suggested the Board do the following: 1) sub -committee meet with Mr.
Trasher for an educational session(s); 2) conduct a public meeting for comments/suggestions; 3)
develop a draft ordinance from existing laws and public comments; 4) conduct a public hearing
for the proposed ordinance; 5) adopt the local law.
Councilman Proud suggested the Board look at the date that the moratorium expires, and
set a timetable of when public hearings should be conducted in order to adopt a local law before
its expiration.
Town Clerk Snyder apprised the Board the moratorium was extended at the December 1,
2010 Town Board Meeting until June 30, 2011.
Attorney Folmer commented that the Board would not have to start from scratch with an
ordinance; there are several things that would make up the ordinance that are facts, such as
definitions and such. The Board would have to make decisions regarding specific details, such
as height and setbacks.
Councilman Leach requested that any information regarding wind turbines be forwarded
to him so he could catch up on the topic.
RESOLUTION #35 AUTHORIZE APPOINTMENT OF A COMMITTEE TO
STUDY, ADVISE AND ASSIST THE TOWN BOARD
REGARDING WIND TURBINES
Motion by Councilman Testa
Seconded by Councilman Leach
VOTES: ALL AYE ADOPTED
WHEREAS, Section 63 of Town Law authorizes a Town Supervisor to create a committee
comprising of Town Board members to study, investigate, advise and assist other Board
members, therefore
BE IT RESOLVED, the Town Supervisor hereby appoints Councilman Ron L. Rocco,
Councilman John C. Proud and Gregory K. Leach as the alternate, to work with James Trasher
from the towns engineering firm, Clough Harbour and Associates, to study, investigate, advise,
assist and report to the full board regarding wind turbines, in order for the full Board to draft a
reasonable town ordinance on wind turbines, and it is further
RESOLVED, the Town Supervisor hereby also appoints Town Attorney, John B. Folmer to
participate in such committee.
No further comments or discussion were heard.
Councilman Rocco made a motion, seconded by Councilman Testa, to adjourn the
Regular Meeting. All voting aye, the motion was carried.
The meeting was adjourned at 6:00 p.m.
Respectfully submitted,
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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 February 9, 2011.
The draft version of this meeting was approved as written at the Town Board meeting of February 16,
2011.