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MAY 04, 2011 TOWN BOARD MEETING 7:00 PM
The Regular Meeting of the Town Board of the Town of Cortlandville was held at the
McGraw Community Building in the Village of McGraw, 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: Jeremy Houghtaling from the Cortland Standard, and Sharon Stevans for Channel 2,
Access TV, Bob Martin the Mayor of McGraw, Cory Smith and Justin Cobb from the McGraw
Recreation Department, Barbara Leach and Katlin Snyder.
Supervisor Tupper called the meeting to order.
Councilman Proud made a motion, seconded by Councilman Testa, to approve the Town
Board Minutes of April 20, 2011. All voting aye, the motion was carried.
Councilman Leach made a motion, seconded by Councilman Testa, to receive and file the
Cortlandville Planning Board Minutes of January 25, 2011. All voting aye, the motion was carried.
Councilman Leach made a motion, seconded by Councilman Testa, to receive and file the
Cortlandville Zoning Board of Appeals Minutes of January 25, 2011. All voting aye, the motion
was carried.
Councilman Leach made a motion, seconded by Councilman Testa, to receive and file the
Cortlandville Planning Board Minutes of February 22, 2011. All voting aye, the motion was
carried.
Councilman Leach made a motion, seconded by Councilman Testa, to receive and file the
Cortlandville Zoning Board of Appeals Minutes of February 22, 2011. All voting aye, the motion
was carried.
Councilman Leach made a motion, seconded by Councilman Testa, to receive and file the
Cortlandville Planning Board Minutes of March 29, 2011. All voting aye, the motion was carried.
Councilman Leach made a motion, seconded by Councilman Testa, to receive and file the
Cortlandville Zoning Board of Appeals Minutes of March 29, 2011. All voting aye, the motion was
carried.
RESOLUTION #99 AUTHORIZE PAYMENT OF VOUCHERS - MAY
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
Water Fund
Sewer Fund
Capital Project
1
1
Vouchers #245 - 262
$
83,497.02
B49 - B58
$
8,839.55
D144 - D159
$
14,518.68
W107 - W110
$
1,237.22
S44 - S46
$
8,438.83
H29 - H32
$
4,580.18
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MAY 04, 2011 TOWN OF CORTLANDVILLE PAGE 2
Supervisor Tupper offered privilege of the floor to Bob Martin, the Mayor of McGraw.
Mayor Martin welcomed the Cortlandville Town Board to the Village of McGraw.
Mayor Martin expressed, as newly elected Mayor, that he hoped to afford a good working
relationship with the Town and stated he has already spoken with Supervisor Tupper on a few
occasions. Mayor Martin commented that he hoped to open up a dialect between all
municipalities because there are a lot of things the Village will need. He said that Cortlandville
employees work well with the Village of McGraw employees and he wished to continue forging
a good relationship. It is his goal to make the Village of McGraw the crown Village of
Cortlandville, as the City of Cortland is the Crown of Cortland County.
Supervisor Tupper offered privilege of the floor to McGraw Recreation Director Cory
Smith.
Mr. Smith thanked the Town of Cortlandville for their funding. Justin Cobb, the summer
director, passed out photographs of youth and senior programs, including a calendar and
schedules, as Mr. Smith and Mr. Cobb discussed programs both inside and outside of the
Village. Cory Smith explained that most of the winter activities are done through the school,
such as the basketball and soccer programs. Spring activities involve softball, t-ball and little
league programs. Justin Cobb talked about trips taken in the summer to places such as to the
Ithaca Science Center and horseback riding. He explained the summer trips are very popular and
they have forty to fifty children attending. Guest speakers are also enjoyed for topics such as arts
and crafts or glass blowing. He stated they try to have a variety of educational topics. Cory
Smith also spoke about incorporating seniors citizens in the way of ice cream socials for children
and seniors. Cory and Justin expressed much appreciation to the Town for their assistance.
The monthly reports of the Code Enforcement Officer, Supervisor, and Water & Sewer
Department for the month of April 2011 were on the table for review and are filed in the Town
Clerk's office.
Councilman Proud made a motion, seconded by Councilman Testa to receive and file
correspondence from Time Warner Cable, dated May 1, 2011 regarding programming. All
voting aye, the motion was carried.
Councilman Testa made a motion, seconded by Councilman Proud, to receive and file
correspondence dated April 28, 2011 from Karen Q. Snyder, Town Clerk regarding Andy Zhong,
owner of the Budget Inn, located at 4408 Route 11, letter dated April 5, 2011. All voting aye the
motion was carried.
Prior discussion on this matter was tabled at the April 6, 2011 Town Board meeting.
Town Clerk Snyder was to contact the Village of Homer for cooperation in adjusting the sewer
charges for Andy Zhong's sewer bill.
Town Clerk Snyder apprised the Board that she sent a letter, dated April 28, 2011 to the
Town Board, as well as had a conversation with Deputy Village Clerk, Bev Berry. Ms. Berry is
who prepares the water and sewer billing for the Village. Town Clerk Snyder explained that the
Village of Homer provides the water line to Andy Zhong's property and the Town of
Cortlandville provides the sewer line to the property. The Village of Homer reads the meter to
this property that produces the consumption. They report that consumption to the Town of
Cortlandville in order for the Town to produce a sewer bill. That reading is also used by the
Village of Homer to prepare the O&M and Debt charges billed to the Town of Cortlandville.
Town Clerk Snyder stated that in Mr. Zhong's case he has requested a sewer adjustment. It is
procedure in the Village of Homer that if the water goes through the meter they do not adjust the
water, but would consider an adjustment for the sewer. Being that Mr. Zhong is not a sewer
customer with the Village of Homer, but is with the Town of Cortlandville, Bev Berry indicated
that if the Town Board was going make a sewer adjustment for Andy Zhong the Village could
adjust the Town's O&M and Debt charges based on Mr. Zhong's average use.
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MAY 04, 2011 TOWN OF CORTLANDVILLE PAGE 3
Councilman Rocco asked for Attorney Folmer's opinion on the matter. Attorney Folmer
replied that he thought Town Clerk Snyder's actions were well thought out and the Town should
act on her recommendation. Supervisor Tupper stated that this situation was far more
complicated than he thought and was impressed with the amount of research Town Clerk Snyder
had invested in this matter. Town Clerk Snyder stressed that the Town needs to inform the
Village of Homer of its sewer adjustment to Mr. Zhong's bill so that the O&M and Debt charges
reflect the Town Board's adjustment otherwise, if Mr. Zhong receives a bill adjustment from the
Town and the Village of Homer is not notified of that adjustment, the Town would have to pay
the Village the actual consumption from that meter. Town Supervisor Tupper asked Town Clerk
Snyder if Bev Berry had assured her that if the Town reduced the sewer usage that the Village
would make a similar adjustment. Town Clerk Snyder answered yes. Supervisor Tupper said if
the Village does not adjust accordingly the Town would pay Mr. Zhong's sewer bill. The Town
needs to make sure the Village receives the Town's suggested adjustments. Supervisor Tupper
asked Town Clerk Snyder what adjustment amount she considered fair. Town Clerk Snyder
stated that his new consumption should be 623,750 gallons. That would be an average for four
quarters including the 1,181,000 gallons from the last quarter. Supervisor Tupper agreed. He
also asked Attorney Folmer if the Town should consider councilman Rocco's suggestion to add a
clause stating that if the Village of Homer would not adjust the O&M and Debt charges, then the
Town would not respond in kind. Attorney Folmer said it would be a good idea to make an
agreement to do an adjustment contingent upon the Village of Homer making an appropriate
adjustment. Councilman Proud reiterated that the resolution should reflect that this is a special
situation as it is unlikely that the water leak went anywhere else other than the Tioughnioga
River. He feels it should be known that this is an exception not policy. Town Clerk Snyder
stated she obtained a verbal agreement from Bev Berry and informed the Board that Bev Berry
requested a copy of the resolution.
RESOLUTION #100 AUTHORIZE TOWN CLERK TO ADJUST SEWER CHARGES
FOR 1ST QUARTER BTrLLING OF ANDY ZHONG, OWNER
OF THE FIRST STAR MOTEL, LOCATED AT 4408 ROUTE 11
Motion by Councilman Testa
Seconded by Councilman Leach
VOTES: ALL AYE ADOPTED
WHEREAS, a request was received from Andy Zhong, owner of the First Star Motel, to reduce
the sewer portion of the lst Quarter Billing to an average charge due to a massive water break,
and
WHEREAS, due to the water break, water was not measured through the sewer lines but emptied
into the Tioughnioga River, therefore
BE IT RESOLVED, the Town Clerk is hereby authorized and directed to adjust the sewer
charges for the I" Quarter Billing of Andy Zhong, owner of the First Star Motel, located at 4408
Route 11 Cortland New York 13045 from 1,181,000 gallons to an average reading of 623,750
gallons an adjustment of $2,134.27 to his sewer bill, and it is further
RESOLVED, this resolution is subject to the Village of Homer adjusting their O&M and Debt
charges to the Town of Cortlandville, and it is further
RESOLVED, this resolution is an exception and not a policy.
Town Clerk Snyder reported that the Town Clerk's Conference in Buffalo was
wonderful. She stated that she learned a lot of new information and she thanked the Town Board
for allowing her to attend.
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MAY 04, 2011
TOWN OF CORTLANDVILLE
PAGE 4
Attorney Folmer reported:
Consumer Protection Act Claim:
Attorney Folmer explained that Sup't of Highway, Carl Bush, received a notice from the
Federal Court in Milwaukee, Wisconsin. An unsolicited advertisement was forwarded to the
town, via fax. It was apparently done in violation of a Federal Telephone Consumer Protection
Act. There has been a class action commenced and $1,800,000.00 has been established as a fund
to pay the claimants. The Town could file a claim and the amount of the claim will depend upon
the number of people who file this claim. The maximum amount the Town can receive is
$500.00. If the Town Board wishes to file a claim, Attorney Folmer requested authorization to
do so.
RESOLUTION #101 AUTHORIZE TOWN ATTORNEY TO FILE A CLAIM WITH
THE FEDERAL COURT IN MILWAUKEE, WISCONSIN FOR
A VIOLATION OF THE FEDERAL TELEPHONE CONSUMER
PROTECTION ACT
Motion by Councilman Proud
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize and direct the Town Attorney to file
a claim with the Federal Court in Milwaukee, Wisconsin for violation of the Federal Telephone
Consumer Protection Act
Elm Street Extension:
Attorney Folmer reported that in connection with construction of the Elm Street
Extension, approximately an acre -sized parcel of land was conveyed some time ago. It is located
near the bridge on the west end of the street. Attorney Folmer stated, as his understanding, when
the construction was completed, this parcel conveyed to the County would be conveyed back to
the Town of Cortlandville. He stated that Attorney Purser would be sending the deed to
accomplish this. Attorney Folmer said he has spoken with Supt't. of Highways, Carl Bush, and
the deed is in order. Attorney Folmer requested a Resolution authorizing acceptance of this
conveyance in order for the Supervisor to sign the necessary documents.
RESOLUTION #102 ACCEPTANCE OF DEED FOR ELM STREET EXTENSION
Motion by Councilman Leach
Seconded by Councilman Rocco
VOTES: ALL AYE ADOPTED
WHEREAS, the Town of Cortlandville Highway Sup't. has inspected the complete extension of
Elm Street and has determined that such extension has been constructed in accordance with
Town standards, therefore i
BE IT RESOLVED, the Town Board does hereby accept said extension of Elm Street contingent
upon the deed being delivered in its final executed form, and subject to the approval by the Town
Attorney and the Town Highway Superintendent.
Attorney Folmer also referred to a comment he made at the last meeting that he believes
may have been misunderstood. It was in regards to wind turbines. He explained Councilman
Proud, Councilman Rocco and himself had asked Clough Harbour & Associates to generate a
diagram that indicated wind turbines with possible locations with a 2000' radius of clearance.
Attorney Folmer feels that from those minutes, some have inferred that Councilman Rocco,
Councilman Proud and he have recommended 2000' feet as an appropriate setback. Attorney
Folmer stated that was not their intention. It was merely a suggestion from a preliminary
drawing to get an idea as to what those setbacks would look like. It is not a recommendation for
an appropriate setback at this point.
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MAY 04, 2011 TOWN OF CORTLANDVILLE PAGE 5
Supervisor Tupper asked Attorney Folmer to apprise the Board as to his progress on
condemnation to obtain the last two easements for the Polkville Waterline Extension Project.
Attorney Folmer reported that condemnation is not necessary. He stated he has a copy of the
Niagara Mohawk easement that has been signed and mailed to him. He will have the Marvin
Windows easement in hand by Thursday morning at 9:00 and suspects he will have the Sunoco
easement by the end of the week. He will have all 20 easements that the Town needs. The Town
of Cortlandville will not need to commence condemnation proceedings.
Councilman Rocco spoke on the possibility of extending the waterline to McGraw.
Mayor Martin commented that he is sure the Town is familiar with McGraw's circumstances
with the aquifer and current well, and stated McGraw is on its last well. He appreciated the
Town taking them into consideration and would hope to "marry up" the two projects together.
Supervisor Tupper stated that if the Town had excessive funds he thought everyone was in
agreement to go as far up Route 41 as the money will allow.
Councilman Rocco asked the Mayor of McGraw if he was concerned about the dump.
The Mayor responded that they are concerned that the elevation is greater than the Village and
there are a lot of feeder streams that come off from that elevation, run through the Village and
through their aquifer. He is concerned that it may cause future problems. Councilman Rocco
asked if the Village has talked with their Legislature. The Mayor said they have had visitors
come speak on the dump and the impacts of what they are trying to accomplish. The Mayor
commented that they are keeping a close eye on the situation.
RESOLUTION #103 AWARD BID TO THOMA DEVELOPMENT FOR PROGRAM
DELIVERY AND ADMINISTRATIVE SERVICES FOR THE
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
IN THE AMOUNT OF $ 15,500.00 FOR PALL CORP. - PASS
Motion by Councilman Proud
Seconded by Councilman Leach
VOTES: ALL AYE ADOPTED
WHEREAS, a Request for Proposal was advertised for the program delivery and administrative
service for the Community Development Block Grant (CDBG) for Pall Corp. - PASS and,
WHEREAS, sealed bids were opened by the Deputy Town Clerk on May 2, 2011 at 12:00 p.m.
as follows:
Thoma Development Consultants $15,500.00
34 Thompkins Street
Cortland, NY 13045
BE IT RESOLVED, the bid as recommended is hereby award to Thoma Development
Consultants of Cortland, New York in the amount of $15,500.00.
There was discussion regarding correspondence dated April 17, 2011 from the USDA
Rural Development regarding the Polkville Waterline Extension Project. Councilman Leach was
confused regarding this document and asked if it was just being paid or if the cost was being
increased. Supervisor Tupper explained that the engineering fees changed because of two
change orders. Clough Harbour & Associates determined that the Town had to go outside of the
right of way, making easements and more survey work necessary. Town Clerk Snyder added
that it does not increase the Polkville Waterline Extension Project. Supervisor Tupper stated that
it just shifted the numbers from administration to engineering. '
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MAY 04, 2011
TOWN OF CORTLANDVILLE
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RESOLUTION #104 AUTHORIZE SUPERVISOR TO SIGN CLOUGH HARBOUR &
ASSOC., LLC AMENDMENT TO OWNER -ENGINEER
AGREEMENT FOR POLKVILLE WATER -LINE EXTENSION
PROJECT
Motion by Councilman Leach
Seconded by Councilman Rocco
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to sign the
Amendment to Owner -Engineer Agreement for Clough Harbour & Associates for the Polkville
Waterline Extension Project in the amount of $45,900.00.
A motion was made by Councilman Proud, seconded by Councilman Testa, to receive
and file correspondence from NYS Homes & Community Renewal, dated April 25, 2011
regarding the Community Development Block Grant for Pall Corp. — PASS. All voting aye, the
motion was carried.
RESOLUTION #105 AUTHORIZE SUPERVISOR TO SIGN THE OWNER -
OCCUPIED LOAN AGREEMENT BETWEEN THE TOWN
AND ANNA-MAE ARTIM FOR THE 2008 HOME GRANT
SENIOR HOUSING REHABILITATION PROGRAM
Motion by Councilman Leach
Seconded by Councilman Rocco
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to sign the
Owner -Occupied Loan Agreement between the Town of Cortlandville and Anna -Mae Artin, 714
McLean Rd. Cortland, New York, for a 100% deferred loan for the 2008 HOME Grant — Senior
Housing Rehabilitation Program in the amount of $1,059.70.
RESOLUTION #106 APPOINT HAYNE SMITH AS PART-TIME TOWN ENGINEER
RETROACTIVE JANUARY 1, 2011
Motion by Councilman Rocco
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town board does hereby appoint Hayne Smith as the part-time engineer
for the Town of Cortlandville, and it is further
RESOLVED, the part-time position will be retroactive, effective January 1, 2011 and the hourly
rate for said part-time position is $50.00 per hour.
A motion was made by Councilman Rocco seconded by Councilman Leach, to receive
and file the executed NYS Community Development Block Grant Agreement for Pall Corp. —
PASS dated April 28, 2011. All voting aye, the motion was carried.
Supervisor Tupper apprised the Board that Congressman Richard Hanna thanked the
Town of Cortlandville for holding his meeting at the Town Hall.
Supervisor Tupper also stated he received two correspondences from the NYS Town
Clerk's Association congratulating Town Clerk Snyder and Deputy Town Clerk Kristin Rocco-
Petrella. Deputy Town Clerk Rocco-Petrella received her Registered Municipal Clerk
designation and Town Clerk Snyder renewing her Registered Municipal Clerk certification after
five years. Town Clerk Snyder thanked the Board for their congratulations.
MAY 04, 2011 TOWN OF CORTLANDVILLE PAGE 7
Councilman Testa commented on the opening of the small fry baseball league at the Starr
Road Park. There were 250 children that participated and 60 coaches present, as well as many
parents. Councilman Testa thanked Carl Bush and his staff for doing an outstanding job
maintaining the park.
Councilman Leach apprised the Board that he had a meeting with a representative of
ETM Solar, from Endicott. Councilman Leach escorted the representative to the Town Hall and
Water Department. Councilman Leach stated the Water Department is very conducive for solar
application almost dead due south, so it would be a good setup. He also took the representative
to the Highway Department and discovered that the building out by the salt shed is also
conducive. The representative will generate a report of what may work there, what it would cost
and what grants may be available. Councilman Leach will keep the Board apprised.
Councilman Proud discussed the new water meters being installed in the Town of
Cortlandville. He displayed an old meter being replaced that was rusted and cracked, which
demonstrated the need to install new meters after fifteen years. He explained that the Town's
Water Department has approximately three hundred new meters installed and stated that the
system is now completed in the sense that it's reading the new meters. Sup't of Water and
Sewer, Peter Alteri has already discovered leaks for two local businesses in the Town. The
Water Department can review usage six months back at this point. Councilman Proud remarked
on how the Town will now be able to closely monitor consumption for our customers, citing
examples of customers who have gone to Florida for the winter, had leaking toilets, and returned
to pay a large water bill. Councilman Proud said this new meter system is able to monitor
consumption on an hourly basis. Supervisor Tupper agreed that the Town's customers would
greatly benefit.
Councilman Rocco presented the Village of McGraw with a sign recognizing the girl's
soccer team to be displayed at the entrance of the Village. He thanked all involved in the making
of the sign and congratulated the Lady Eagles.
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 7:50 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 May 13, 2011.
The draft version of this meeting was approved as written at the Town Board meeting of May 18, 2011.