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MARCH 16, 2011
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
Reporter: Jeremy Houghtaling from the Cortland Standard, Sharon Stevans from Channel 2,
Access TV, and Eric Mulvihill from the WXHC local radio station.
Supervisor Tupper called the meeting to order.
Councilman Rocco made a motion, seconded by Councilman Testa, to approve the Draft
Town Board Minutes of January 19, 2011 and March 02, 2011, as written. All voting aye, the
motion was carried.
RESOLUTION #58 AUTHORIZE SUPERVISOR TO SIGN
PURCHASE ORDER #0117
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
Purchase Order #0117 submitted by Water & Sewer Sup't. Peter Alteri for Lime Hollow Well
Repairs by Seneca Well Drillers Inc. in the amount of $8,082.00.
RESOLUTION #59 AUTHORIZE SUPERVISOR TO SIGN
PURCHASE ORDER #0118
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
Purchase Order #0118 submitted by Water & Sewer Sup't. Peter Alteri for Lime Hollow Well
Repairs by Gartner Equipment in the amount of $7,788.49.
RESOLUTION #60 AUTHORIZE SUPERVISOR TO SIGN
PURCHASE ORDER #0119
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
Purchase Order #0119 for updating the Town's Web page by Dataworx of Cortland in the
amount of $3,300.00.
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MARCH 16, 2011 TOWN BOARD MEETING PAGE 2
RESOLUTION 461 AUTHORIZE PAYMENT OF VOUCHERS - MARCH
Motion by Councilman Rocco
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
General Fund B
Highway Fund DB
Trust & Agency
Special Grants
Water Fund
Sewer Fund
Capital Project
Vouchers #144 -
177
$ 28,831.58
B28
— B30
$ 1,715.21
D88
— D106
$ 24,577.70
T10
— T19
$ 500.00
C9 —
C9
$ 1,955.00
W61
— W78
$ 151,618.81
S15
— S22
$ 138,355.32
H13
— H16
$ 865.69
Supervisor Tupper offered privilege of the floor to those in attendance. No requests were
made.
RESOLUTION #62 ACCEPT ANNUAL REPORT OF THE SUPERVISOR
Motion by Councilman Rocco
Seconded by Councilman Leach
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Annual Report of the Supervisor for the year 2010 is hereby accepted,
and shall be received and filed.
RESOLUTION #63 ACCEPT THE GASB 45 REPORT
Motion by Councilman Rocco
Seconded by Councilman Leach
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the GASB 45 Report for the year 2010, prepared by Armory Associates,
LLC Actuarial Consulting Group, 120 Walton Street, Suite 601 Syracuse NY 13202 is hereby
accepted and shall be received and filed.
Councilman Leach commented that he was impressed with the hard work that went into
these reports.
Under Communications, Councilman Rocco commented that he audited the Town Clerk
and Tax Collector's records and found them all to be in order.
There was discussion in regards to correspondence that was received and filed on
February 16, 2011 from the Lime Hollow Nature Center for property located on Stupke Road,
tax map #95.15-03-23.100 and correspondence received and filed on February 3, 2011 from
David Briggs regarding the Lime Hollow Nature Center Water & Sewer Benefit Tax. Supervisor
Tupper stated that Attorney Folmer was asked to research if there would be a problem created if
the Town granted a benefit tax exception for Lime Hollow Nature Center.
Attorney Folmer states that if, as previously discussed, there was an agreement that the
taxes that would have been paid or the amount of money that would have been saved in benefit
tax be paid back some time in the future, that it was his understanding that this would be in the
nature of a Pilot Agreement and it would require that an agreement be entered into by the Town
and Lime Hollow Nature Center. Attorney Folmer stated that Councilman Proud indicated that
more discussion would be taking place in the future and asked if it was Councilman Prouds
intention to table this matter again until Councilman Proud and Councilman Rocco had an
opportunity for more discussion with Lime Hollow Nature Center.
Councilman Proud suggested that this be tabled again pending future discussion.
Councilman Rocco indicated that this may require Attorney Folmer drawing up a written
contract that both parties agree to.
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MARCH 16, 2011 TOWN BOARD MEETING PAGE 3
RESOLUTION #64 TABLE REQUEST OF LIME HOLLOW NATURE CENTER
FOR THE REMOVAL OF THE WATER AND SEWER
BENEFIT TAX FOR PROPERTY LOCATED ON STUPKE
ROAD TO APRIL 4, 2011TOWN BOARD MEETING
Motion by Councilman Proud
Seconded by Councilman Rocco
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 April 4, 2011 Town Board meeting, to allow the Town
Attorney time to review the request, and it is further
RESOLVED, the Town Board hereby directs Councilman Proud and Councilman Rocco to
entertain a discussion with Glenn Reisweber, from the Lime Hollow Nature Center.
A motion was made by Councilman Rocco and seconded by Councilman Testa to receive
and file the Renewal Application Notice Form, from Ramon Garcia, Jose Garcia and Teodoro
Lozano, dated March 7, 2011, regarding the renewal of the liquor license for Garcia's Mexican
Restaurant located at 879 Tompkins Street Extension (879 NYS Route 13) in the Town of
Cortlandville. All voting aye, the motion was carried.
RESOLUTION #65 ACCEPT REVISED FORM E — RURAL DEVELOPMENT
PROJECT BUDGET/COST CERTIFICATION FOR THE
POLKVILLE WATERLINE EXTENSION PROJECT
Motion by Councilman Proud
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the revised Form E — Rural Development Project Budget/Cost Certification,
dated March 16, 2011, for the cost of $2,430,000.00 for the Polkville Waterline Extension
Project is hereby accepted and shall be received and filed.
RESOLUTION #66 AUTHORIZE SUPERVISOR TO SIGN CONTRACT
FOR POLKVILLE WATERLINE EXTENSION PROJECT
WITH NORTH COUNTRY CONTRACTORS
Motion by Councilman Leach
Seconded by Councilman Proud
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town does hereby authorize and direct the Supervisor to sign the
contract with North Country Contractors, LLC located at 12141 Whitney Road, Henderson, New
York, 13650 for the Polkville Waterline Extension Project.
Councilman Testa questioned if the Board had made a decision as what to do with the
extra money from the Polkville Waterline Extension Project. He suggested the Town carry the
waterline as close to McGraw as possible. Supervisor Tupper stated the Town would need to
speak with Rich DeGuida from Clough Harbour & Associates to determine how the USDA
would want the Town to proceed. Supervisor Tupper indicated this process could be
accomplished by a change order.
Councilman Rocco stated he also agrees that the waterline should be extended into
McGraw because of the possibility of the dump enlarging. He feels that if the dump were to
pollute waters in McGraw, the Town would be in a position of providing water to McGraw and
he believes that to be very important. Supervisor Tupper stated that if there is a choice between
Blodgett Mills and McGraw, he would agree that McGraw would be a better choice because it is
level all the way to McGraw and Blodgett Mills is two miles away and has hills which could
require a pump station.
MARCH 16, 2011 TOWN BOARD MEETING PAGE 4
Councilman Leach asked how far the waterline on Route 11 South would go. Supervisor
Tupper explained that the line would continue on Route 11 to the creek before Ridge Road, that
is where the last hydrant will be located. Councilman Proud questioned the length of additional
waterline. He suggested the Town wait until the end of the project to investigate how much
additional waterline could be extended. The Town, with the current project, will have several
change orders that will arise, which could expend the contingencies.
Easements for Polkville Waterline Extension Project:
Attorney Folmer reported that he was still working on easements and he wished to thank
Councilman Leach for his help. Attorney Folmer had nothing further to report.
RESOLUTION #67 DECLARE THE MONTH OF APRIL AS FAIR HOUSING
MONTH IN THE TOWN OF CORTLANDVILLE
Motion by Councilman Proud
Seconded by Councilman Leach
VOTES: ALL AYE ADOPTED
WHEREAS, in accordance with the TitleVIII Fair Housing Policy of the Civil Rights Act of
1968 and the Fair Housing Amendments Act of 1988, and
WHEREAS, the month of April 2011 has been designated by the US Department of Housing and
Urban Development's Office of Fair Housing and Equal Opportunity as Fair Housing Month,
now therefore,
BE IT RESOLVED, the Town Board of the Town of Cortlandville hereby declares and
proclaims the month of April as Fair Housing Month in the Town.
A motion was made by Councilman Leach, seconded by Councilman Testa to receive and
file correspondence dated March 2, 2011 from Rich DeGuida of CHA regarding his
recommendation of the award for the Polkville Waterline Extension Project. All voting aye, the
motion was carried.
RESOLUTION #68 AUTHORIZE SUPERVISOR TO SIGN THE AFFIDAVIT
REGARDING THE 2008 HOME GRANT — SENIOR HOUSING
REHABILITATION PROGRAM, BETWEEN THE TOWN AND
MELODY E. LADD
Motion by Councilman Proud
Seconded by Councilman Leach
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize the Supervisor to sign the affidavit
regarding the 2008 Home Grant — Senior Housing Rehabilitation Program, between the Town of
Cortlandville and Melody E. Ladd, 851 Lamont Circle, Cortland, New York, regarding the
extension of loan funds by the Town's Community Development Program on or about February
4, 2011 in the amount of $24,822.52.
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MARCH 16, 2011
TOWN BOARD MEETING
PAGE 5
RESOLUTION #69
AUTHORIZE SUPERVISOR TO TRANSFER FUNDS FROM
THE SEWER OPERATING FUND TO THE CAPITAL
PROJECT FUND FOR THE NYS ROUTE 13 SEWER
REHABILITATION PROJECT
Motion by Councilman Proud
Seconded by Councilman Leach
VOTES: ALL AYE ADOPTED
WHEREAS, the Supervisor requested the Town Board authorize him to transfer funds from the
Sewer Operating Fund to the Capital Project Fund for the NYS Route 13 Sewer Rehabilitation
Project, therefore
BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to transfer
$723.50 from the Sewer Operating Fund to the Capital Project Fund for the NYS Route 13
Sewer Rehabilitation Project, and it is further
RESOLVED, the Sewer Operating Fund will be reimbursed when the Town receives bonding for
the Capital Project Fund for the NYS Route 13 Sewer Rehabilitation Project.
RESOLUTION #70 AUTHORIZE HIGHWAY SUP'T. TO LET OUT TO BID
FOR A HEAVY-DUTY TAG -A -LONG EQUIPMENT TRAILOR
AND A DOUBLE DRUM VIBRATORY ASPHALT ROLLER
Motion by Councilman Leach
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize and direct the Highway Sup't. to let
out to bid for one Heavy -Duty Tag -A -Long Equipment Trailer and one Double Drum Vibratory
Asphalt Roller, and it is further
RESOLVED, that the bids shall be opened at 3:00 p.m. on April 4, 2011 at the office of the
Town Clerk, and shall be awarded at the April 6, 2011 Town Board Meeting at 5:00 p.m.
RESOLUTION #71 ACCEPT STATEMENTS OF COMPLETION FOR SEVERAL
TOWN CAPITAL PROJECTS
Motion by Councilman Rocco
Seconded by Councilman Leach
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Statements of Completion for the following Capital Projects are hereby
accepted, and shall be received and filed:
Ted Testa Park - $1,713,141.66 — Cost of Land $34,095.00 = $1,679,046.66
Highland Road Sewer Project - $2,059,205.82
NYS Route 281/McLean Road Water Improvement Project - $376,857.95
Starr Road/Vernon Drive Sewer Project - $469,029.84
Crestwood Court/Groton Avenue/NYS Route 281 Sewer Improvement Project - $248,471.89
Page Green Road Water Improvement Project - $135,601.14
Page Green Road Sewer Improvement Project - $184,528.16
Municipal Water & Sewer Garage - $509,384.46
The Raymond G. Thorpe Municipal Building - $2,339,676.57
Lime Hollow Well No. 5 Repairs - $127,802.07
MARCH 16, 2011 TOWN BOARD MEETING PAGE 6
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Councilman Rocco inquired about the Industrial Park. Supervisor Tupper apprised him
that the water and sewer lines were in, the roads were mapped out, they are preparing to pave and
the park should be shovel ready soon. Supervisor Tupper said in talking with the IDA and BDC
that there has been some interest in the lots.
A motion was made by Councilman Proud and seconded by Councilman Leach to receive
and file correspondence from the Town of Groton regarding their establishment of Lead Agency
for their Land Use & Development Code of 2011, dated March 9, 2011. All voting aye, the
motion was carried.
RESOLUTION #72 REFER AQUIFER PROTECTION PERMIT APPLICATION
SUBMITTED BY CORTLANDVILLE CROSSING, LLC TO
THE TOWN AND COUNTY PLANNING BOARDS FOR
REVIEW AND RECOMMENDATIONS
Motion by Councilman Proud
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Aquifer Protection Permit application submitted by Cortlandville
Crossing LLC, 854 Route 13, tax map # 95.20-02-06.000-1, shall be forwarded to the Town and
County Planning Boards for review and recommendations.
Supervisor Tupper remarked that this is the first new commercial building to be built in
the vicinity of Super Wal-Mart and feels it is just the beginning of several developments in that
area.
Councilman Leach wished to thank our Highway Department for getting the Town
through a big snowstorm and the rain that followed. He commends the Highway Department for
a job well done. Supervisor Tupper added that Carl Bush asked him to look at our
retention/detention ponds. Those ponds were all full from the flooding, but holding. Supervisor
Tupper continued by stating the ponds were probably holding back millions of gallons of water
that would have flooded the city significantly more than what the city had already incurred.
Supervisor Tupper stated that Carl Bush has been building these systems for many years. He
also stated that the Bell Drive area never received more than a foot or two deep across the road,
so the pond in that area did well and also the retention basin at the bottom of DaVinci Drive.
Supervisor Tupper said a lot of progress was made this year. He also expressed his appreciation
and thanks to Carl Bush.
Councilman Rocco mentioned that they hoped to meet with Clough Harbour &
Associates in Syracuse next Thursday in regards to Wind Turbines.
Supervisor Tupper expressed the Town's excitement and anticipation for Councilman
Rocco's new grandchild.
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 5:25 p.m.
Respectfully submitted,
1
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Q. Snyder, Y
Karen der, RM
Town Clerk
Town of Cortlandville
*Note:
The draft version of this meeting was submitted to the Town Board for their review on April 1, 2011.
The draft version of this meeting was approved as written at the Town Board meeting of April 6, 2011.