HomeMy WebLinkAbout05-18-2011MAY 18, 2011 TOWN BOARD MEETING 5:00 P.M.
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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.
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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.
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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
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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.
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MAY 18, 2011 TOWN BOARD MEETING PAGE 5
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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.
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