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FEBRUARY 16, 2011
PUBLIC HEARING NO. 1
5:00 P.M.
SMALL CITIES COMMUNITY DEVELOPMENT BLOCK GRANT
ECONOMIC DEVELOPMENT APPLICATION
PALL CORPORATION, PASS EXPANSION
AND
HOUSING REHABILITATION GRANT APPLICATION
CORTLANDVILLE TOWN WIDE REHABILITATION PROGRAM
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 two applications to the New York State for funding under the federal Small Cities
Community Development Program: (1) an economic development application on or before March
1, 2011, with a maximum funding request of $750,000, and (2) a housing rehabilitation grant
application on or before May 27, 2011, with a maximum funding request of $400,000.
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 and Annalena Davis from Thoma Development Consultants; News Reporters: Jeremy
Houghtaling from the Cortland Standard, Eric Mulvihill from WXHC, and Sharon Stevans for
Channel 2, Access TV.
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 Ann Hotchkin.
Ann Hotchkin, from Thoma Development Consultants, apprised the Board the Economic
Development Grant of the Community Development Block Grant (CDBG) Program is an open
application process. Applications may be submitted anytime throughout the year, and are
reviewed quarterly by the CDBG board. The first part of the process is for the Town to submit a
pre -application to the office. The Town is then invited to submit a final application, which the
Town was invited to do. Mrs. Hotchkin stated she was waiting for approval of the final
application and completing the second of two required public hearings.
Mrs. Hotchkin noted some of the project highlights for the Economic Development
Grant. She explained that a $2.9 million investment on behalf of Pall Corp. was made, allowing
them to expand in the Town of Cortlandville. The CDBG is about 20% of the overall project
cost. The Town intends on doing a combination of a deferred payment loan and a direct loan at
3%. A portion of the grant will be forgiven once Pall Corp. creates the jobs obligated. Mrs.
Hotchkin apprised the Board the project would expand Pall Corp's Route 281 facility.
Supervisor Tupper questioned whether there was an estimated start date for the project,
which Mrs. Hotchkin explained there was not.
Mrs. Hotchkin apprised the Board that Part II of the public hearing was with regard to the
resubmission of the CDBG for the Town Wide Housing Rehabilitation Program. She explained
that the Town did not receive funding in 2010 and opted to resubmit the grant application for
2011. The grant application was similar to the elderly program that was going on in the Town,
except there would not be any restrictions on the age of the owner. The grant would be for those
who are low -to -moderate income based on family size and the condition of the house. Those
with the lowest income and the worst housing conditions would be given priority.
Councilman Rocco stated that a low income may be considered high to another person,
and requested Mrs. Hotchkin give a range for income and the number of occupants.
Mrs. Hotchkin explained that a family of four is based on 80% of the Cortland County
medium, which is approximately $46,000. A family of 1 is approximately $31,000. The income
increases as the number of people in the family increase.
Councilman Rocco questioned whether the owner of the home must reside in the home.
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FEBRUARY 16, 2011 PUBLIC HEARING NO. 1 PAGE 2
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Mrs. Hotchkin explained that the home must be the owner's primary place of residence.
However, there are special situations for someone who may go to Florida for the winter or for
someone who may need to go into a nursing home. Such situations do not happen too often.
Mrs. Hotchkin apprised the Board the grant application was due on or before May 27,
2011. The Town should expect to hear back on the grant in early September.
No further comments or discussions were heard.
The Public Hearing was closed at 5:10 p.m.
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FEBRUARY 16, 2011 5:10 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 and Annalena Davis from Thoma Development Consultants; News Reporters: Jeremy
Houghtaling from the Cortland Standard, Eric Mulvihill from WXHC, and Sharon Stevans for
Channel 2, Access TV.
Supervisor Tupper called the meeting to order.
There was discussion regarding the Draft Town Board Minutes of January 19, 2011.
Councilman Rocco was concerned that Supervisor Tupper made a statement that was not true, yet it
was included in the minutes. He referred to Page 7 of the minutes, which stated the following:
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 recalled making the statement that wind turbines cannot be zoned out of
the Town. According to Councilman Rocco, industrial wind turbines can be zoned out of the town.
He offered to provide a list of the towns in the State of New York who have done just that.
Supervisor Tupper stated, "right now we want to make sure whether this is an accurate
statement it probably should stay in the minutes, if not we should correct it."
Attorney Folmer disagreed and did not believe that an amendment to the minutes was
appropriate. He stated, "the minutes are intended to reflect what actually happens at a meeting, and
you did in fact make that statement. Whether it may be inaccurate or not, the fact of the matter is
the statement was made, and it's reflected, and I don't believe that the minutes should be corrected.
I think they accurately reflect what was said and they should remain in their present form...."
Discussion continued on the matter. Councilman Proud made a motion, seconded by
Councilman Leach to approve the draft Town Board Minutes.
Councilman Rocco questioned whether Supervisor Tupper wanted to make a statement
tonight to correct what he said.
Supervisor Tupper stated, "it's not an error if I said it. It might not have been a true
statement but I said it. That's the difference." He continued by stating "the minutes reflect what
was said at the meeting. If it was an inaccurate statement then it was an inaccurate statement. But I
said it. I remember saying it."
Town Clerk Snyder suggested the Board approve the other two draft Town Board Minutes
and give her to opportunity to listen to the January 19, 2011 Town Board Meeting again to make
sure the wording of the section in question was correct.
Supervisor Tupper was sure the draft Minutes were worded correctly. However, both he
and Councilman Rocco agreed with Town Clerk Snyder's suggestion to approve the January 5th and
February 2°a draft Town Board Minutes, and to allow her the opportunity to review the language.
Councilman Rocco stated he wanted it to be "perfectly clear that we can zone these things
out and if there was an error made that you just were unaware of it ... ."
Councilman Proud amended his motion, in consideration of Town Clerk Snyder's
suggestion, to approve all three of the draft Town Board Minutes, unless the tape shows that
Supervisor Tupper did not make the statement; otherwise they are approved.
Councilman Rocco requested Town Clerk Snyder provide them with exactly what was said,
which she agreed to do.
Councilman Proud made a motion, seconded by Councilman Leach, to approve the Draft
Town Board Minutes of January 5, 2011. All voting aye, the motion was carried.
Councilman Proud made a motion, seconded by Councilman Leach, to approve the Draft
Town Board Minutes of January 19, 2011, subject to Town Clerk Snyder's review. All voting aye,
the motion was carried.
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FEBRUARY 16, 2011 TOWN BOARD MEETING PAGE 2
Councilman Proud made a motion, seconded by Councilman Leach, to approve the Draft
Town Board Minutes of February 2, 2011. All voting aye, the motion was carried.
RESOLUTION #48 AUTHORIZE PAYMENT OF VOUCHERS - FEBRUARY
Motion by Councilman Leach
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the vouchers submitted have been audited and shall be paid as follows:
General Fund A
Vouchers #83 - 118
$
23,086.82
General Fund B
B 14 - B20
$
2,963.37
Highway Fund DB
D53 - D70
$
57,628.77
Special Grants
C4 - C7
$
6,057.42
Water Fund
W30 - W47
$
69,102.08
Sewer Fund
S7 - Sl l
$
2,015.66
Capital Project
H9 - H12
$
322.52
Supervisor Tupper offered privilege of the floor to those in attendance.
Councilman Rocco apprised the Board he was told by one of the new members of the
Airport Committee that the runway of the airport cannot be lengthened, which may be significant
to people who live around the airport. Councilman Rocco also informed the Board that a
committee of seven people was formed to help oversee the airport manager. The committee
would be meeting for the second time on February 22, 2011 at 6:00 p.m. at the County Highway
Department. The public was invited to attend the meeting.
Councilman Leach apprised the Board he audited the financial records of the Highway
Department and found everything to be in order.
The monthly reports of the Town Justice, and the Cortland County SPCA for the month of
January 2011 were on the table for review and are filed in the Town Clerk's office.
Under communications, Supervisor Tupper apprised the Board the Cortland County Soil
& Water Conservation District would be conducting a meeting regarding hydro fracking on
February 28, 2011, at 7:00 p.m. at the Cortland Grange. The public was invited to attend.
With regard to hydro fracking, Councilman Rocco recalled a presentation that was held at
a past Town Board Meeting. The people giving the presentation were landowners, in which 60%
of the land surrounding them was leased to gas companies. The gas companies would pay the
royalties, but he questioned whether the gas companies were allowed by law to drill on the
property or under the property.
Attorney Folmer stated that as he understood it, the gas companies could drill under the
property. He stated, "if there is in an area a certain percentage of a given area which is leased ...
60% I think is right, then if I'm encompassed by that I think they have the right to go under. But
I do not believe they have the right to use the surface of my land. That may be incorrect but that
is my understanding as of right now."
Councilman Rocco agreed and thanked Attorney Folmer
RESOLUTION #49 AUTHORIZATION TO FILE AN APPLICATION FOR FUNDS
TO THE NEW YORK STATE OFFICE OF
COMMUNITY RENEWAL
Motioned by Councilman Proud
Seconded by Councilman Leach
VOTES: ALL AYE ADOPTED
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FEBRUARY 16, 2011 TOWN BOARD MEETING PAGE 3
BE IT RESOLVED, the Town of Cortlandville is hereby authorized and directed to file an
application for funds from the New York State Office for Community Renewal under the federal
Small Cities Community Development Block Grant - Economic Development Program for
Fiscal Year 2011, for the Pall Corporation -PASS Expansion, in an amount not to exceed
$750,000, and it is further
RESOLVED, the Supervisor of the Town of Cortlandville is hereby authorized and directed to
sign said application on behalf of the Town and upon approval of said request, enter into and
execute a grant agreement with the State for such financial assistance to the Town of
Cortlandville.
RESOLUTION #50 AUTHORIZATION TO FILE AN APPLICATION FOR FUNDS
TO THE NEW YORK STATE OFFICE OF
COMMUNITY RENEWAL
Motioned by Councilman Leach
Seconded by Councilman Proud
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town of Cortlandville is hereby authorized and directed to file an
application for funds from the New York State Office for Community Renewal under the federal
Small Cities Community Development Block Grant Program -Housing Rehabilitation for Fiscal
Year 2011, for the Cortlandville Town Wide Rehabilitation Program, in an amount not to exceed
$400,000, and it is further
RESOLVED, the Supervisor of the Town of Cortlandville is hereby authorized and directed to
sign said application on behalf of the Town and upon approval of said request, enter into and
execute a grant agreement with the State for such financial assistance to the Town of
Cortlandville.
There was discussion regarding the request made by Dr. J. Lee Ambrose for the removal
of the Water and Sewer Benefit Tax for two of his properties located on Commons Ave. and
Route 281, which was discussed at the February 2, 2011 Town Board Meeting. Supervisor
Tupper spoke with Assessor Briggs, who came to the same conclusion as he has in the past that
the Board should not reduce or remove the benefit tax.
Councilman Testa made the suggestion that if Dr. Ambrose did not want to retain
ownership of the Route 281 parcel in front of the Renaissance Development, then perhaps the
Town could use the parcel to expand the retention pond at the bottom of the development.
Highway Sup't. Bush stated that the Town could make the retention pond a little bigger,
however Phase III of the Route 281 project may infringe on being able to bring the pond right
out next to Route 281.
Supervisor Tupper explained that Dr. Ambrose's property on Route 281 was
approximately 20 ft. deep and 500 ft. along Route 281. The property would have some value to
the Town, but no value to Dr. Ambrose.
Councilman Rocco stated it would be a good idea for the Town to take the parcel if Dr.
Ambrose wanted to offer it. He was concerned however, that any disruption of the roadway
could impact the residents of Bell Drive.
Supervisor Tupper suggested Attorney Folmer write a letter to Dr. Ambrose regarding
Councilman Testa's suggestion.
Town Clerk Snyder apprised the Board she received notification from Cortland Country
Club, Inc. and Walden Oaks Country Club. Inc. regarding the renewal of their liquor licenses.
Councilman Proud made a motion, seconded by Councilman Testa, to receive and file
correspondence and the Renewal Application Notice Form from Donna Deering, Business
Manager, dated February 7, 2011, regarding the renewal of the liquor license for Cortland
Country Club, Inc., located at 4514 Route 281 in the Town of Cortlandville. All voting aye, the
motion was carried.
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FEBRUARY 16, 2011 TOWN BOARD MEETING PAGE 4
Councilman Proud made a motion, seconded by Councilman Testa, to receive and file
correspondence and the Renewal Application Notice Form from Pomeroy, Armstrong, Casullo &
Monty, LLP, dated January 28, 2011, regarding the renewal of the liquor license for Walden
Oaks Country Club, Inc., located at 3369 Walden Oaks Blvd. in the Town of Cortlandville. All
voting aye, the motion was carried.
Attorney Folmer reported:
Wind Turbine Sub -Committee Meeting:
Attorney Folmer reported that he, Councilman Proud, and Councilman Rocco met with
James Trasher of Clough Harbour & Associates on Wednesday, February 16, 2011. The group
had a preliminary discussion regarding the wind turbine issue and came to some agreements.
The first agreement was that, "whatever regulation we would write would be applicable to all
people who might wish to construct these facilities, and that we are not dealing with any
particular individual company. We are dealing with an overall regulation." Secondly, it was
agreed that Mr. Trasher would provide a sample ordinance that had been adopted in another
municipality, however he would remove the references specific to the municipality. The
committee would review the sample ordinance word by word to see if it was fitting for what the
Town needed to do. Attorney Folmer also mentioned that they talked about the fact that there
are three categories: residential, commercial, and industrial. All three categories would be dealt
with.
Mr. Trasher would provide information concerning topographical data for the towns,
"and talk about where, if these things are to be located, might they be located." At this time,
Attorney Folmer had not yet received the information. Once the committee receives the
information they would take time to review it, and would then meet with Mr. Trasher to discuss
it. In the meantime, Attorney Folmer asked Councilman Rocco to provide him with the list of
those towns that have zoned wind turbines out. He stated he was not sure that he agreed with the
proposition that wind turbines could be absolutely forbidden.
Noise caused by J-Brakes:
Attorney Folmer recalled that at a prior meeting the question was raised as to whether or
not an ordinance could be adopted to deal with the use of "J-Brakes" on trucks. Highway
Sup't. Bush provided him with a copy of an article from Talk of the Towns, which contained an
informal Opinion from the Attorney Generals' Office indicating that unless the State of New
York has delegated the authority to the Town to adopt such regulation, we cannot do so. As of
the date of the reading, no such delegation had been made. Attorney Folmer explained that the
regulation of state and other highways is mandated and controlled by the Vehicle and Traffic
Law. Therefore, the Town has no authority to adopt such an ordinance.
Discussion continued amongst the Board. Councilman Leach questioned how the County
would approach the state to make the request.
Attorney Folmer stated they would have to ask Senator Seward or one of the
Assemblymen to introduce a bill that would pass both the Senate and Assembly and be signed by
the Governor, that would grant that authority to some locality, be it a county, town or village.
RESOLUTION #51 AWARD BID FOR THE EXTERIOR CLEANING, PATCHING
AND COATING OF 2-1.0 MG CONCRETE WATER STORAGE
TANKS TO NATGUN CONCRETE TANK SERVICE IN THE
AMOUNT OF $94,900.00
Motion by Councilman Leach
Seconded by Councilman Proud
VOTES: ALL AYE ADOPTED
WHEREAS, bids were advertised for the Exterior Cleaning, Patching and Coating of 2-1.0 MG
Concrete Water Storage Tanks (Blue Creek Road and NYS Route 215), and
WHEREAS, sealed bids were opened on February 2, 2011 at 2:00 p.m. and provided to Water &
Sewer Sup't. Peter Alteri Jr. for review as follows:
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FEBRUARY 16, 2011 TOWN BOARD MEETING PAGE 5
NATGUN Concrete Tank Services $94,900.00
11 Teal Road
Wakefield, MA 01880
BE IT RESOLVED, the bid as recommended by Water & Sewer Sup't. Alteri is hereby awarded
to NATGUN Concrete Tank Service of 11 Teal Road, Wakefield, Massachusetts, in the amount
of $94,900.00.
Councilman Proud made a motion, seconded by Councilman Leach, to receive and file
correspondence from the Lime Hollow Nature Center, dated January 26, 2011, requesting to be
permanently exempt from the Water and Sewer Benefit Tax for property located on Stupke
Road, tax map #95.15-03-23.100. All voting aye, the motion was carried.
Councilman Proud made a motion, seconded by Councilman Leach, to receive and file
correspondence from Town Assessor, David Briggs, dated February 3, 2011, regarding the
request made by Lime Hollow Nature Center to be exempt from the Water & Sewer Benefit Tax
for property located on Stupke Road, tax map #95.15-03-23.100. All voting aye, the motion was
carried.
There was discussion regarding the request made by Lime Hollow Nature Center to be
exempt from the Water and Sewer Benefit Tax for its 11.39-acre parcel located on Stupke Road,
tax map #95.15-03-23.100. Supervisor Tupper explained that the parcel was donated to the Lime
Hollow Nature Center. The parcel is tax exempt, except for the Water and Sewer Benefit Tax,
which equated to $1,338.19 on the 2011 Town and County tax bill. Lime Hollow Nature Center
claimed that the property would be forever wild as long as they owned the property. However,
Assessor Briggs recommended the Board not remove the benefit tax completely, but consider
reducing the benefit tax to 1.0 units each for water and sewer.
Councilman Proud stated his concern was that the parcel was a separate and distinct
parcel from the properties that Lime Hollow Nature Center owns now. He did not object to
granting the relief that they suggest, but stated they should consider adding a clause that if Lime
Hollow were to sell the property in the future, the amount of money they saved in benefit tax be
added at that time. Councilman Proud apprised the Board it would be similar to some State
Forest Practice Laws where you get some relief from tax. The intent is to keep the property wild
forever. If the property doesn't remain wild, it would increase in value and Lime Hollow would
reap the benefit.
Attorney Folmer questioned whether Councilman Proud was suggesting that if in the
future the property was sold that some calculation be made as to what the benefit tax would have
been from today to the date of sale, to collect back? If so, Attorney Folmer would want to look
into the matter. He also discussed tax exemptions under §501c-3 of the Internal Revenue Code,
and was not sure that Councilman Proud's suggestion would apply to a non -for -profit
organization.
Discussion continued on the matter. Supervisor Tupper suggested the Board table the
matter to a later date as there was no urgency in a decision at this time. The decision could be
made later in the year as long as it was made prior to Town Clerk Snyder's deadline for
submission of the benefit tax to the County.
Attorney Folmer requested the Board table the request to the March 16, 2011 Town
Board Meeting.
RESOLUTION #52 TABLE REQUEST OF LIME HOLLOW NATURE CENTER
FOR THE REMOVAL OF THE WATER AND SEWER
BENEFIT TAX FOR PROPERTY LOCATED ON STUPKE
ROAD TO MARCH 16, 2011
Motion by Councilman Rocco
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby table the request of the Lime Hollow Nature
Center for the removal of the water and sewer benefit tax for property located on Stupke Road,
tax map #95.15-03-23.100, until March 16, 2011 to allow the Town Attorney time to review the
request.
FEBRUARY 16, 2011 TOWN BOARD MEETING PAGE 6
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RESOLUTION #53 REFER AQUIFER PROTECTION PERMIT APPLICATION
SUBMITTED BY INTERTEK TESTING SERVICES NA, INC.
TO THE TOWN AND COUNTY PLANNING BOARDS FOR
REVIEW AND RECOMMENDATIONS
Motion by Councilman Proud
Seconded by Councilman Leach
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Aquifer Protection Permit application submitted by Intertek Testing
Services NA, Inc. for property located on Route 11, owned by Electrical Testing Labs Inc., tax
map #87.00-03-17.100, shall be forwarded to the Town and County Planning Boards for review
and recommendations.
Supervisor Tupper informed the Board that Councilman Leach made a suggestion that he
be allowed to look into possible solar energy projects for some of the Town's buildings.
Councilman Leach was interested in researching the issue to determine whether there would be
savings to the Town to use environmentally clean energy. The Board agreed with Councilman
Leach's suggestion, and authorized him to move forward with his research.
No further comments or discussion were heard.
Councilman Testa made a motion, seconded by Councilman Leach, to adjourn the
Regular Meeting. All voting aye, the motion was carried.
The meeting was adjourned at 5:45 p.m.
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Res p ctfully 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 February 28, 2011.
The draft version of this meeting was approved as written at the Town Board meeting of March 02, 2011.
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