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HomeMy WebLinkAbout05-18-2011MAY 18, 2011 TOWN BOARD MEETING 5:00 P.M. z81- 1 1 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: Absent: Supervisor, Richard C. Tupper Councilman, Theodore V. Testa Councilman, John C. Proud Councilman, Gregory K. Leach Town Clerk, Karen Q. Snyder, RMC Councilman Ronal L. Rocco Others present were: Town Attorney, John Folmer; Highway Sup't. Carl Bush; News Reporters: Jeremy Houghtaling from the Cortland Standard, Sharon Stevans for Channel 2, Access TV and Barbara Leach. Supervisor Tupper called the meeting to order. Councilman Proud made a motion, seconded by Councilman Leach, to approve the Draft Town Board Minutes of May 4, 2011. All voting aye, the motion was carried. RESOLUTION # 107 AUTHORIZE PAYMENT OF VOUCHERS - MAY 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 #263 - 300 $ 22,200.53 General Fund B B59 — B67 $ 2,661.67 Highway Fund DB D160 — D182 $ 48,698.33 Special Grants C18 — C19 $ 1,862.77 Water Fund Will — W119 $ 9,277.62 Sewer Fund S47 — S52 $ 12,597.63 Capital Project H33 — H34 $ 474,028.65 The monthly reports for the Town Clerk, Tax Collector and Town Justice for the month of April 2011 and the SPCA first quarter report of 2011 were on the table for review and are filed in the Town Clerk's office. Supervisor Tupper offered privilege of the floor to those in attendance. No requests were made. Councilman Testa asked of the Town Board if they intended to send letters to residents regarding the Polkville Waterline Extension Project. Supervisor Tupper stated that he had spoken with the USDA and thought there had been enough publicity surrounding this project therefore; letters were not necessary and had not been sent. Supervisor Tupper said he, as well as a few other Councilmen, had received phone calls from residents inquiring. Councilman Testa asked whether it was too late to send letters now. Town Clerk Snyder felt that it was not too late and it would be a courtesy to send them. Attorney Folmer commented that the issue is residents are now aware of the project. The Town Board decided not to send letters at this point. Town Clerk Snyder reported that she attended NYS DEC Decal training for eight hours in Binghamton on May 18, 2011. She explained that the Clerk's office has been an issuing agent of the Decals Program since 2002 and even though Town Clerks are mandated by Town Law, the DEC is now requiring mandatory training every four years for the registered agent. z 8 Z. MAY 18, 2011 TOWN BOARD MEETING PAGE 2 Councilman Proud added that since he has worked for the DEC, the system has gotten quite complex. The number of licenses has increased, as it is a revenue enhancement feature. He stated that the State receives Federal money back because there is a tax on all hunting and fishing equipment sold. Money comes back to the State based on the number of licenses sold. Councilman Proud feels the Federal Government is leaning on the State to encourage strict accounting in the system. In turn, the Federal Government is assured that the numbers they are given are correct. Councilman Proud commented that this process would probably increase the amount of work for the issuing agents. Attorney Folmer reported: Polkville Waterline Extension Project - Easements: Attorney Folmer reported that he has eighteen recorded easements for the Polkville Waterline Extension Project. He requested that the Town Board adopt a Resolution to accept all eighteen easements. He also asked that a list of all easements be included in the Resolution. Attorney Folmer has fourteen easements with filing receipts, as the originals have been recorded are in the County Clerk's office. He stated they did not cost the Town for the recording. The Town is exempt from the filing fee and taxes. He has committed himself to each of the people who have granted the easements to make photocopies for their files when he receives the recorded document. RESOLUTION # 108 ACCEPT PERMANENT EASEMENTS FOR POLKVILLE WATERLINE EXTENSION Motion by Councilman Testa Seconded by Councilman Leach VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby accept and file the following permanent easements for the Polkville Waterline Extension: Marylou E. Leach 4002 Rural Avenue 87.09-01-03.000 John H. Buck/Christine E. Route 11 87.00-04-06.000 David W. Law/Lori A. 3 865-3 87 1 Route 11 87.00-04-04.000 Gerald Contento/Timothy Malchak 3827 Route 11 87.04-01-16.000 Vasanti Corp. 3775 Route 11 97.02-01-04.000 Cortlandville Fire District 3757 Route 11 97.02-01-05.200 George R. Rogers 1416 E River Road 87.13-01-11.000 Suburban NY Property Route 11 87.04-01-18.000 Suburban Propane LP 3897 Route 11 87.00-04-02.000 Suit-Kote Corp. Route 11 97.00-01-04.000 Suit-Kote Corp. Route 11 87.00-03-16.110 Lawrence E. Strauf/William E. 3961 Conable Avenue 87.13-01-38.000 Intertek Testing Services NA Route 11 87.00-03-20.000 Erica M. Beard 3821 Route 11 87.04-01-15.000 Niagara Mohawk Power Corp. 3921Route 11 87.00-03-09.100 Love/Frazee Assoc. LLC 3885 Route 11 87.00-04-03.000 Marvin Windows of NY, Inc. 3901 Route 11 87.00-04-01.000 Town of Cortlandville Route 11 97.02-01-05.100 Attorney Folmer reported that he would not be attending the June 1, 2011 Town Board meeting in Blodgett Mills. He told the Board if they needed anything from him for that meeting, to please let him know in advance so he could provide something in writing for the members to take to the meeting. Councilman Proud made a motion, seconded by Councilman Leach to receive and file the 2011 Certification of Town Payroll from the Cortland County Personal Officer. All voting aye, the motion was carried. 283 MAY 18, 2011 TOWN BOARD MEETING PAGE 3 There was discussion regarding ownership of a water main on Route 13 in front of K- Mart. Supervisor Tupper apprised the Board that the literature in the Board members packets may be a little confusing. Supervisor Tupper stated that he spoke with Sup't. of Water and Sewer, Peter Alteri. Mr. Alteri explained the engineers of the proposed new construction would like their new building to have its own water line, which requires a boring under Route 13. There is a water line on that side of the road. The designing engineer thought it would be best served to hook to a larger line on the other side. They would rather have a separate line of 144 feetdedicated to them. After the builder pays for the line, they would deed the line to the Town of Cortlandville. They do not want to own it because it will be under a state highway. Sup't Alteri stated that this is a typical process. Attorney Folmer interjected and stated that the sample Resolution attached to the May 11, 2011 letter was unclear and he suggested how the Resolution should be worded. RESOLUTION# 109 ACCEPT OWNERSHIP OF A WATERMAIN LOCATED AT ROUTE 13 IN FRONT OF K-MART PARKING LOT Motion by Councilman Proud Seconded by Councilman Leach VOTES: ALL AYE ADOPTED WHEREAS, the Town Board does hereby accept ownership of a water main located at Route 13, in front of K-Mart parking lot, in accordance with the provisions of a letter dated May 11, 2011 from Sup't. of Water & Sewer, Peter Alteri, tax map # 95.20-02-06.000 and WHEREAS, such water line is a new 8" ductile iron water main and will tie into an existing 10" water main located on the west side of NYS Route 13 and run east approximately 144 feet underneath NYS Route 13 to a water gate valve, and WHEREAS, there will be a 6" ductile iron hydrant lateral installed on the 8" line that will run approximately 100 feet to the south with a hydrant installed on the end of this line, therefore BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to execute said agreement and any subsequent documents, which may be required to secure this claim, subject to approval from Sup't. of Water & Sewer, Peter Alteri and the Town Attorney, John Folmer. RESOLUTION # 110 AUTHORIZE SUPERVISOR TO SIGN OWNER -OCCUPIED LOAN AGREEMENT BETWEEN THE TOWN AND MARY J. COGSWELL FOR THE 2008 HOME GRANT SENIOR 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 Mary J. Cogswell, 751 NYS Route 222 Cortland, New York, for a 100% deferred loan for the 2008 HOME Grant —Senior Housing Rehabilitation Program in the amount of $550.00 RESOLUTION # I I I AUTHORIZE SUPERVISOR TO SIGN THE CONTRACT WITH THOMA DEVELOPMENT CONSULTANTS FOR THE ADMINISTRATIVE & PROGRAM DELIVERY SERVICES FOR THE 2011 COMMUNITY DEVELOPMENT BLOCK GRANT FOR PALL CORP - PASS Motion by Councilman Leach Seconded by Councilman Proud VOTES: ALL AYE ADOPTED z. 8 q MAY 18, 2011 TOWN BOARD MEETING PAGE 4 BE IT RESOLVED, the Town does hereby authorize and direct the Town Supervisor to sign the contract with Thoma Development Consultants, 34 Tompkins Street, Cortland, New York for the Administrative & Program Delivery Services for the 2011 Community Development Block Grant Pall Corp — PASS in the amount not to exceed $15,500. RESOLUTION # 112 AUTHORIZE WATER & SEWER SUP'T. TO SELL TOWN EQUIPMENT USING AUCTIONS INTERNATIONAL WEB 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 the following equipment at the Auction International Web Site: I - General Electric Induction Motor: Approximate Weight: 310 lbs. Model: 5K6236XM5008 Srial #: BRJ228266 HP: 4.0 Volts 230/460 Cycles: 60 Phase: 3 Type: K Frame: D286TP12 Insul. Class: F FL RPM: 3525 Service Factor: 1.15 Time Rating: cont 1 -High Thrust U.S. Electric Motor: Approximate Weight: 695 lbs. Volts: 230/460 Amps: 144/72 HP: 60 Ph: 3 HZ: 60 Frame: 364TP SF: 1.16 RPM: NRR 1700 Design: B code: G Insul Class: B Delta Conn RESOLUTION # 113 AUTHORIZE HIGHWAY SUP'T. TO SELL TOWN EQUIPMENT USING RUCTIONS INTERNATIONAL WEB SITE Motion by Councilman Proud Seconded by Councilman Leach VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby authorize and direct the Highway Sup't to sell the following Town equipment on the AuctionsInternational Web Site: 1 -1988 Interstate Trailer: M/N 24 DTA S/N IJKETA20XJA 120009 Supervisor Tupper informed the Board Clough Harbour & Associates found an error with the Polkville Waterline Extension Project easements, which will require an additional easement. He stated that Rural Avenue and Conable Avenue are dead end streets. Highway Sup't. Carl Bush built a connection for the two areas for convenience of plowing and school buses, but it is not a Town road. It is private property. Supervisor Tupper referred to Attorney Folmer for further explanation. Attorney Folmer said that Mr. & Mrs. James Chorley own this property. An agreement was made a very long time ago that this particular property could be used as a connecting road if the Town of Cortlandville maintained it. Attorney Folmer stated that there has never been a dedication to that piece of area. He said that it is not an easement that would go the whole length of the road; it would just be a small portion of it. Attorney Folmer said he believed that when Clough Harbour & Associates went to access it, they assumed it was Town highway in the right of way. This is not the case. Attorney Folmer stated surveyors have been to this property. There will be an additional cost to have the surveying work done. Supervisor Tupper asked if it would be Attorney Folmer's or Clough Harbour & Associates responsibility for obtaining the Chorley's signatures. Attorney Folmer said he would work with one of the construction workers, who have already opened discussions on this matter. Mr. Chorley has been very cooperative. Attorney Folmer also apprised the Board that there is a well located in this road area. The Town will need to be very careful when surveying to avoid the well. 1 1 1 MAY 18, 2011 TOWN BOARD MEETING PAGE 5 85 Councilman Leach asked if the Town should consider obtaining ownership of this road area. He. is,. concerned about the possibility of the road area coming under new ownership in the future. Attorney Folmer answered, "Yes in a practical sense. There should be a consideration being that the Chorley's water supply is in this area." RESOLUTION # 114 AUTHORIZE SUPERVISOR TO SIGN "EXTRA WORK AUTHORIZATION" FROM CLOUGH HARBOUR & ASSOCIATES REGARDING THE PROPOSED WATER- LINE EXTENSION TO POLKVILLE 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 "Extra Work Authorization" agreement from Clough Harbour & Associates, LLC. regarding the proposed Polkville Waterline Extension Project in the amount not to exceed $4,200.00, for additional survey work. Supervisor Tupper reminded the Board that the next Town Board Meeting will be held in Blodgett Mills at the Church, June 1, 2011 at 7:00 pm. Supervisor Tupper also informed the Board that the IDA has invited the Board to the Pyrotek ribbon cutting ceremony on Friday May 20, 2011 at 10:00 am. 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 5:30 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 5/27/11. The draft version of this meeting was approved as written at the Town Board meeting of 6/1/11. 1