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HomeMy WebLinkAbout07-20-201130(0 JULY 20, 2011 PUBLIC HEARING NO. 1 5:00 P.M. AQUIFER PROTECTION PERMIT MIDSTATE VETERINARY SERVICES, APP. CHARLES & PATRICIA DILLON, O/R 806 ROUTE 13 TAX MAP #105.08-01-06.000 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 an application for an Aquifer Protection Permit permitting the operation of a veterinary office from an existing 6,000 sq. ft. retail building, property located on the east side of NYS Route 13, between Bennie Road and Bennie Road Extension, tax map #105.08-01-06.000 Members present: Deputy Supervisor, Theodore V. Testa Councilman, Ronal L. Rocco Councilman, John C. Proud Councilman, Gregory K. Leach Town Clerk, Karen Q. Snyder, RMC Absent: Supervisor, Richard C. Tupper Others present were: Town Attorney, John Folmer; Highway Sup't. Carl Bush; Town Code Enforcement Officer, Tom Williams; County Legislator, Susan Briggs; Steve Flatt; Ken Osborn, DVM and Dave Brandstadt, DVM from Midstate Veterinary Services; Patricia Stone; Ray Dunnigan; News Reporters: Jeremy Houghtaling from the Cortland Standard, and Sharon Stevans for Channel 2, Access TV. Deputy Supervisor Testa called the Public Hearing to order. Town Clerk, Karen Q. Snyder, read aloud the published, posted and filed legal notice. Deputy Supervisor Testa offered privilege of the floor to those in attendance. No comments or discussions were heard. Councilman Rocco made a motion, seconded by Councilman Proud, to close the Public Hearing. The Public Hearing was closed at 5:05 p.m. 1 JULY 20, 2011 5:05 P.M. 33 1 1 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 Deputy Supervisor Testa presiding. Members present: Deputy Supervisor, Theodore V. Testa Councilman, Ronal L. Rocco Councilman, John C. Proud Councilman, Gregory K. Leach Town Clerk, Karen Q. Snyder, RMC Absent: Supervisor, Richard C. Tupper Others present were: Town Attorney, John Folmer; Highway Sup't. Carl Bush; Town Code Enforcement Officer, Tom Williams; County Legislator, Susan Briggs; Steve Flatt; Ken Osborn, DVM and Dave Brandstadt, DVM from Midstate Veterinary Services; Patricia Stone; Ray Dunnigan; News Reporters: Jeremy Houghtaling from the Cortland Standard, and Sharon Stevans for Channel 2, Access TV. Deputy Supervisor Testa called the meeting to order. Councilman Proud made a motion, seconded by Councilman Leach, to approve the draft Town Board Minutes of July 6, 2011. All voting aye, the motion was carried. Councilman Rocco mentioned he received a phone call today from a concerned constituent questioning whether the Town would lose its ability to issue Aquifer Protection Permits once hydrofracking is approved for the area. He questioned whether the Board would lose its ability to make decisions on such applications under the Home Rule Law. Attorney Folmer stated that from what he has read, the only restriction is that hydrofracking has been banned within primary aquifer districts and a buffer zone around. He was not aware of any more restrictions, however he had not seen a final draft of the proposed regulations. While there may be some restrictions on where hydrofracking may take place, Attorney Folmer did not believe the Town would lose the ability to control other areas with regard to the aquifer protection permits, as long as the Board did so consistent with the regulations being adopted. Councilman Rocco questioned if you had to be 500 ft. from a well, would that be special treatment for property owners as opposed to the person who comes in with a special permit, and the neighbor doesn't want it, and they are not in the district? It was Attorney Folmer's understanding that if a person came in and wanted to conduct hydrofracking drilling within the 500 ft. boundary line or within the district itself, including the recharge area, the Town would be prohibited by reason of the state regulation for permitting that to happen. If someone came to the Board and wanted to accomplish drilling in another area, Attorney Folmer stated he was not of the opinion that the Board would lose the ability to utilize its aquifer protection program. Councilman Testa questioned whether this would be similar to gas stations being allowed within the aquifer protection districts. Attorney Folmer stated the difference was that the Board made the determination with regard to their own ideas under the Aquifer Protection Permit regulation to protect the aquifer. The difference is that the State regulation will preempt the field with regard to the regulation of hydrofracking in general. The determination will not be the Board's to make, since it has already been made by the Department of Environmental Conservation. Deputy Supervisor Testa offered privilege of the floor to Susan Briggs. County Legislator, Susan Briggs updated the Board regarding three issues at the County level. The first item she mentioned was that through hard work and bipartisan support, we were able to retain the right for the public to elect a County Treasurer. The County was also able to keep the Treasurer's Office and the Administrator's Office, which they felt were important for checks and balances in the County. Secondly, she apprised the Board the Legislature was working on its Rules of Order, which had come under fire. Progress was made and the proposed Rules of Order would be moving onto the full Legislature. The proposed Rules of Order call for the appointment of key 308 JULY 20, 2011 TOWN BOARD MEETING PAGE 2 positions in the county, such as the County Attorney, Clerk of the Legislature, the Public Defender, and Veterans Officer to remain appointments of the Legislature. The third issue, a very complex issue, was with regard to the County Landfill. Mrs. Briggs stated that all residents in the county are affected by the landfill. The Legislature is talking about the landfill and looking at alternatives. She stated they are looking for a way to neutralize some of the revenue loss. No resolution has been made, however the Legislature continues to have in depth discussions regarding the matter. Councilman Rocco commented on the landfill and BUD waste. According to the DEC, BUD is an acronym for Beneficial Use Determinants, which Councilman Rocco stated was a phrase that "doesn't tell you very much ... it could be oil -laced soil, it could be TCE laced soil... ." According to an EPA study done in 1987-1988, the landfill sits on our critical sole source aquifer. During the study the EPA found that the aquifer runs north into Onondaga County and west into Madison County, and serves 2/3 of Cortland County. If the aquifer became polluted, 2/3 of Cortland County would have to import its water from Syracuse or Ithaca, which according to Councilman Rocco could not be done. Councilman Rocco stated he was very concerned about the landfill, which is a legislative issue that Mrs. Briggs, Mr. Waldbauer, and Mr. Ross are responsible for. Mrs. Briggs stated she was very mindful of that, and mentioned that she sits on the Highway Committee. She explained that the BUD materials were a short-term solution made by Ensol, the company hired by the County to conduct the study. The DEC has an approved list of BUD materials that the County can pick and choose from. However, she was not sure that if the Legislature chose some of the BUD materials that it would be enough to make a difference in the revenue of the landfill. Mrs. Briggs reminded the Board the idea behind allowing BUD materials was to eliminate the need to dig up dirt to cover the landfill. According to the County Highway Superintendent, they would continue to dig the soil daily regardless of whether they accepted BUD materials, because they would never know when the BUD materials would come in. Mrs. Briggs stated she was not sure that accepting BUD materials would have any benefit from a revenue standpoint, and it raised many concerns on an environmental standpoint. She stated that discussion was moving forward slowly and would be considered very seriously. Councilman Rocco commented that crushed glass had been discussed as a BUD material being considered to be brought in to the landfill, and rule out materials like TCE and gasoline. He didn't anticipate the County would receive too much crushed glass because other landfills would be requesting the crushed glass as well. He questioned why they weren't talking about all of the other BUD materials the landfill would have to accept as waste, which would pollute the aquifer and eventually get into our water supply. Mrs. Briggs replied that there is a list that needs to be scrutinized by the Highway Committee and then the Legislature as a whole to determine whether any of the BUD materials are acceptable. She was hopeful the BUD materials would be a way to create revenue, but was not sure that in the long run it would work financially. Councilman Proud clarified that from the approved DEC BUD list, the County does not have to accept any and all materials, but can pick and choose, to which Mrs. Briggs agreed. Councilman Rocco stated his concern was that people on the Highway Committee were not qualified to make the decision on what materials are of a particular hazard, and suggested that a chemical engineer or someone from the EPA be contacted. He recalled that the County asked for the critical source aquifer status from the federal government, and the DEC approved the boundaries and the findings in 1988. However, the Legislature does not recognize the study or talk about it. Mrs. Briggs assured Councilman Rocco that the environmental impacts are of the utmost importance as the legislators work through the complex issue, which is why it is taking a while to come to a decision. Councilman Rocco stated he was very pleased that the Treasurer's Office would continue to handle the County's money instead of the County Administrator, as it is important to keep the two functions separate. He mentioned that the County Administrator, Mr. Murphy, has been talking about turning the landfill into a regional landfill, and that at one of the meetings he discussed how much money the County would take in if they took in 1 million tons. However at a later meeting Mr. Murphy spoke of 44,500 tons per year, which the County can't exceed without another permit. Councilman Rocco's concern was that "we don't need other counties garbage to fill what we thought would be a landfill that would last us our lives, perhaps our children's lives...." He also mentioned that only 2 of the 19 legislators have visited Seneca Meadows landfill, which handles 750,000 tons per year, yet the County is entertaining the idea of turning our landfill into regional landfill. Mrs. Briggs explained the County is permitted for 44,000+ tons per year, yet takes in about 22,000 tons per year. She did not support increasing the tonnage, nor of taking in outside trash. In 2005, the County agreed to spend about $9 million to build a new cell at the landfill 3 09' JULY 20, 2011 TOWN BOARD MEETING PAGE 3 that would serve the needs of this county for 35 years. She stated that to discuss filling it up quickly is scary on many levels, including property values, environmental issues and road traffic. Councilman Rocco complemented Mrs. Briggs for her hard work as a County Legislator and noted that she is a big force. On another note, Councilman Testa questioned Mrs. Briggs regarding the installation of the streetlight at the intersection of NYS Route 222 and Fairview Dr./Highland Rd., which was supposed to be completed by the end of July 2011. The electrical work was done, but the light was not installed yet. Mrs. Briggs explained there was a delay in the installation, however it would be done. Attorney Folmer questioned Mrs. Briggs regarding the County's proposed Rules of Order. It was his understanding that the County Administrator would participate in the selection of critical appointments, but would not have a vote. Mrs. Briggs explained that the County Administrator would participate and give a recommendation, but the vote would be left to the legislators. RESOLUTION #142 AUTHORIZE PAYMENT OF VOUCHERS - JULY Motion by Councilman Leach Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED BE IT RESOLVED, the vouchers submitted have been audited and shall be paid as follows: General Fund A Vouchers #380 - 409 $ 88,110.27 General Fund B B 101 - B 107 $ 29,474.12 Highway Fund DB D273 - D297 $ 49,164.26 Trust & Agency Special Grants T34 - T36 C22 - C25 $ $ 27,803.01 16,522.52 Water Fund W146 - W158 $ 9,060.42 Sewer Fund S75 - S84 $ 18,052.82 Capital Project H42 - H42 $234,850.98 The monthly report of the Town Justice for the month of June 2011 was on the table for review and is filed in the Town Clerk's Office. RESOLUTION 4143 TABLE ACTION REGARDING THE AUDIT REPORT OF THE FISCAL AFFAIRS OF THE TOWN OF CORTLANDIVLLE FROM CIASCHI, DIETERSHAGEN, LITTLE, MICKELSON & COMPANY, LLP FOR THE PERIOD ENDING DECEMBER 31. 20 10 Motion by Councilman Proud Seconded by Councilman Leach VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby table action regarding the Audit Report of the fiscal affairs of the Town of Cortlandville from Ciaschi, Dietershagen, Little, Mickelson & Company, LLP for the period ending December 31, 2010, until the Town Board Meeting of August 3, 2011, to allow time for the report to be reviewed by the Town Board. Attorney Folmer and the Board reviewed the SEQR Short Environmental Assessment form for the Aquifer Protection Permit submitted by Redding Hunter, Inc. for property located on Starr Road. 310 JULY 20, 2011 TOWN BOARD MEETING PAGE 4 RESOLUTION #144 DECLARE NEGATIVE IMPACT FOR AQUIFER PROTECTION PERMIT #4 OF 2011 SUBMITTED BY MIDSTATE VETERINARY SERVICES FOR PROPERTY LOCATED ON NYS ROUTE 13 Motion by Councilman Proud Seconded by Councilman Leach VOTES: ALL AYE ADOPTED WHEREAS, an Aquifer Protection Permit application was submitted by Midstate Veterinary Services, to permit the operation of a veterinary office from an existing 6,000 sq. ft. retail building, for property located on the east side of NYS Route 13, between Bennie Road and Bennie Road Extension, owned by Charles and Patricia Dillon, tax map #105.08-01-06.000, and WHEREAS, the Town Board as Lead Agent, duly reviewed and completed the Short Environmental Assessment Form, therefore BE IT RESOLVED, the Town Board as Lead Agent, does hereby declare the proposed project of Midstate Veterinary Services, Aquifer Protection Permit #4 of 2011, shall have no significant environmental impact. RESOLUTION #145 AUTHORIZE DEPUTY SUPERVISOR TO SIGN SEQRA APPLICATION OF AQUIFER PROTECTION PERMIT #4 OF 2011 Motion by Councilman Proud Seconded by Councilman Leach VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Deputy Supervisor is hereby authorized and directed to sign the SEQRA application relating to Aquifer Protection Permit #4 of 2011, submitted by Midstate Veterinary Services. RESOLUTION #146 APPROVE AQUIFER PROTECTION PERMIT #4 OF 2011 SUBMITTED BY MIDSTATE VETERINARY SERVICES FOR PROPERTY LOCATED ON NYS ROUTE 13 SUBJECT TO CONDITIONS Motion by Councilman Leach Seconded by Councilman Proud VOTES: ALL AYE ADOPTED WHEREAS, the Cortland County Planning Department and the Town Planning Board have reviewed and recommended approval of this Aquifer Protection Permit application, and WHEREAS, a Public Hearing was duly held by this Town Board, therefore BE IT RESOLVED, the Town Board does hereby approve Aquifer Protection Permit #4 of 2011, submitted by Midstate Veterinary Services, permitting the operation of a veterinary office from an existing 6,000 sq. ft. retail building, for property located on the east side of NYS Route 13, between Bennie Road and Bennie Road Extension, owned by Charles and Patricia Dillon, tax map #105.08-01-06.000, subject to the following conditions from the Town and County Planning Boards: That the applicant either apply for a bulk variance to allow the handicap accessible spaces to be smaller than the Town's requirement of 10 ft. by 20 ft. or the applicant expand these parking spaces to the required 10 ft. by 20 ft. dimensions. 2. The applicant addressing stormwater runoff from the existing building and parking lot. 311 JULY 20, 2011 TOWN BOARD MEETING PAGE 5 3. The applicant obtaining a permit from the Town for the proposed connection to the public sanitary sewer. 4. Any floor drains, whether existing or proposed, being connected to the public sanitary sewer. 5. The applicant consulting with the NYS Department of Transportation (DOT) to determine whether a curb cut permit is required due to the change in use of the property. 6. Compliance with SEQR requirements. AND IT IS FURTHER RESOLVED, the Deputy Supervisor is hereby authorized to sign the permit. There was discussion regarding authorization for the Supervisor to sign the amendment to the contract from Clough Harbour & Associates (CHA) for the Polkville Waterline Extension Project, which was tabled from the July 6, 2011 Town Board Meeting. Attorney Folmer recalled the amendment was for additional survey work in the amount of $4,200.00. Attorney Folmer had a lengthy discussion with Rich DeGuida of CHA concerning the change and spoke with Supervisor Tupper as well. Based upon all the information, Attorney Folmer suggested the Board authorize the bill be paid. The purpose of tabling the action was to let CHA know that the Town does not just pass along all of the charges. Based on his investigation, Attorney Folmer suggested the Board authorize Supervisor Tupper to sign the amendment. RESOLUTION #147 AUTHORIZE SUPERVISOR TO SIGN AMENDMENT NO. 2 TO THE OWNER/ENGINEER AGREEMENT AND THE EXTRA WORK AUTHORIZATION NO. 3 FROM CLOUGH HARBOUR & ASSOCIATES REGARDING THE POLKVILLE WATERLINE EXTENSION PROJECT 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 Amendment No. 2 to the Owner/Engineer Agreement, and Extra Work Authorization No. 3, from Clough Harbour & Associates regarding the Polkville Waterline Extension Project, for an amount not to exceed $4,200.00. Under new business, Town Clerk Snyder apprised the Board she received correspondence from Fiscal Advisors notifying the Town that they filed the Town's Continuing Disclosure on June 30, 2011. She requested the Board receive and file the correspondence. Councilman Proud made a motion, seconded by Councilman Leach, to receive and file correspondence from Fiscal Advisors & Marketing, Inc., dated July 6, 2011, notifying the Town that its Continuing Disclosure Filing was completed as required under the S.E.C.'s Rule 15c2-12. All voting aye, the motion was carried. Town Clerk Snyder informed the Board she received notification from Uncle Louie's Backyard and 281 Bowl Inc. regarding their liquor licenses. She requested the Board receive and file the correspondence. Councilman Proud made a motion, seconded by Councilman Leach, to receive and file correspondence from Scott Becker, dated June 30, 2011, regarding the renewal of the Liquor License for 281 Bowl Inc., located at 3898 Route 281 in the Town of Cortlandville. All voting aye, the motion was carried. 31Z JULY 20, 2011 TOWN BOARD MEETING PAGE 6 Councilman Proud made a motion, seconded by Councilman Leach, to receive and file correspondence and the Alteration Application Notice Form, from Attorney William J. Pomeroy, dated July 12, 2011, regarding the intent of Uncle Louie's Backyard to file an application with the New York State Liquor Authority for permission to approve alterations to the premises licensed at 294 Tompkins Street (1071 Route 13). All voting aye, the motion was carried. Town Clerk Snyder stated she received two Notice of Petitions, which were certiorari actions, from Verizon New York Inc. and Carrols Corporation. Both notices were turned over to the Town Attorney and Town Assessor. RESOLUTION #148 ACKNOWLEDGE RECEIVING NOTICE OF PETITION FOR REVIEW OF ASSESSMENTS Motion by Councilman Proud Seconded by Councilman Leach VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby acknowledge, by receiving and filing, the Notice of Petition, regarding their current assessments, from the following property owners: Verizon New York Inc. tax map #622.89 -9999-631.900/1881 #622.89-9999-631.900/1882 #622.89-9999-631.900/ 18 83 #622.89-9999-631.900/1884 #622.03 -9999-631.900/ 18 82 #622.01-9999-631.900/ 18 8 3 Carrols Corporation #326 1096 Route 222 tax map #86.13-01-57.100 Deputy Supervisor Testa requested Town Clerk Snyder discuss item I-5 on the agenda, regarding the adoption of the Cortland County Multi -Jurisdictional All Hazards Mitigation Plan. Town Clerk Snyder read aloud the first paragraph of the correspondence received from the Cortland County Department of Fire and Emergency Management to all elected officials in Cortland County. As the County Emergency Manager, I am pleased to announce that the Cortland County All Hazards Mitigation Plan is now "Approvable Pending Adoption". In order for FEMA to place their stamp of approval, to each participating jurisdiction must adopt this plan by their governing body as soon as possible. Once adopted please forward an original copy with your jurisdiction's seal to this office. Upon receipt of all 19 adopted resolutions I will forward the same on to FEMA and the plan will be officially approved as written. The approval of this plan will allow all participating jurisdictions to submit hazard mitigation projects that could minimize and/or prevent public or private property damage from future natural disasters. Town Clerk Snyder explained that attached to the letter from Brenda DeRusso was a boiler plate resolution. Town Clerk Snyder thought the Board was looking at the information for the first time. The Board agreed, and Councilman Rocco stated he did not feel the Board should approve something they did not have time to review. Attorney Folmer stated there are several people who may want to review the plan before it is adopted, such as Planning and Zoning Officer, Bruce Weber, CEO Tom Williams, and Supervisor Tupper. He agreed that the Board should not adopt a program that would be forwarded to FEMA without first taking a look at it. Town Clerk Snyder noted that she did not have a copy of the plan either; she received the correspondence in her agenda packet for tonight's meeting. Councilman Proud commented that once the Board approves the plan the Town would be locked into the plan. He suggested the Board table action to allow time for it to be reviewed. 1 1 1 313 JULY 20, 2011 TOWN BOARD MEETING PAGE 7 RESOLUTION #149 TABLE ACTION REGARDING THE CORTLAND COUNTY MULTI-JURISDICATIONAL ALL HAZARDS MITIGATION PLAN Motion by Councilman Leach Seconded by Councilman Proud VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby table action regarding the adoption of the Cortland County Multi -Jurisdictional All Hazards Mitigation Plan to August 3, 2011, to allow time to review the plan. Attorney Folmer had no business to report, but requested the Board convene to an Executive Session at the conclusion of the regular meeting to discuss pending litigation. He did not anticipate that the Board would take any action after the executive session. There was discussion regarding authorization for the CEO to conduct lockbox inspections as part of the normal fire and safety inspections process. Code Enforcement Officer, Tom Williams explained that in the year 2000 the Board adopted a local law regarding lockboxes, which are devices that are permanently mounted on a building. A key to the front door of the building is provided by the business and is inside the lockbox. There is a special key that unlocks the box, to which the only people that have access to it are fire personnel. If a key were needed because of a fire, Fire Control would be called on the radio to provide a code to open the box, take the key out, and open the door. CEO Williams explained this procedure allows quicker access to the building, prevents breaking the door, and is a benefit to the property owner. However, as time goes by, keys to the building may change but the key is not being changed in the lockbox. CEO Williams apprised the Board he was approached by the Cortlandville Fire Department and was asked if he could incorporate lockbox checks into his fire inspection process to make sure the key in the lockbox works. He did not see a problem with the request and therefore asked the Board to adopt a resolution incorporating the lockbox inspections as part of Town policy. The Fire Department was willing to purchase a knoxbox to be installed in the Town vault. CEO Williams explained the lockbox would be bolted to the wall. If a key is needed a code would be typed into the box. The box would digitally record who took the key and when. CEO Williams explained that when conducting a fire inspection, he would take the key to the knoxbox, open the knoxbox, and have the business owner remove the key from the box and use it to unlock the front door. If the key does not work the owner would be asked to replace the key with one that does. CEO Williams stated it was a win -win situation. The buildings are being inspected anyway. The lockbox inspection would only add 5 minutes to the inspection process. He presented the Board with information regarding the knoxbox device and a list of the businesses in the Town that have them installed. CEO Williams requested the Board adopt a resolution recognizing that the Code Office has the Board's permission to work with the Fire Department to access the knoxbox. Attorney Folmer stated that in 2000 the Board authorized the lockboxes on the buildings. What they were being asked to authorize now was to expand the scope of the fire inspections. With the help of this device, it would ensure that the doors they want to get unlocked could be unlocked. Attorney Folmer apprised the Board that CEO Williams drafted the resolution, which he reviewed and felt was ready for approval. Councilman Leach questioned whether this additional task would increase fire inspection fees, to which CEO Williams replied no. Attorney Folmer noted that in this process, Mr. Williams and Ms. Campbell would not have their hands on the key to the building at all. The business owner or representative would remove the key him/herself, demonstrate that it works, and put it back. The process would not give the Town any additional entrance right or ability than we had before. 31 � JULY 20, 2011 TOWN BOARD MEETING PAGE 8 RESOLUTION #150 ADOPT POLICY AUTHORIZING MEMBERS OF THE CODE ENFORCEMENT OFFICE TO CONDUCT LOCKBOX INSPECTIONS AS PART OF THE NORMAL FIRE AND SAFETY INSPECTION PROCESS Motion by Councilman Proud Seconded by Councilman Leach VOTES: ALL AYE ADOPTED WHEREAS, Local Law #1 of 2000 required certain structures within the Town of Cortlandville to have fire department lockboxes installed thereon, and WHEREAS, since enactment approximately 70 such devices have been installed on various structures within the Town, and WHEREAS, there has been no inspection procedure established for the device or its contents and failure of proper operation of such devices would impact public safety and risk property damage, and WHEREAS, the Cortlandville Code Enforcement Office has recently assumed the responsibility for conducting all Fire and Safety Inspection in the jurisdiction, and WHEREAS, inspection of the devices and their contents could easily and effectively be incorporated into the routine of the Fire and Safety Inspection, and WHEREAS, the Cortlandville Fire Department has indicated, to the Town Code Officer, its concurrence with combining the two inspection functions, now therefore BE IT RESOLVED, that the Town Board authorizes the members of the Code Enforcement Office to conduct lockbox inspections as part of the normal Fire and Safety Inspection process. Councilman Proud added that a couple of years ago the Cortlandville Fire Department sent letters to residences announcing residential lockboxes, which he installed on his home. He explained that if the Fire Department gets called to your home and you are there you could let them in. However, if there is an incident and one of your neighbors call the Fire Department and you are not home, the Fire Department has to get into your house to make sure there isn't a problem. If the doors and windows are locked, the Fire Department would have to break something to get in. He stated that having a lockbox is a lot cheaper. The Fire Department demonstrated to Councilman Proud how the lockbox works, which they cannot remove from the device until they call dispatch. When the key is removed it automatically records the date and time and records the same when the key is replaced. He stated that the intensity of a fire doubles every minute. If the Fire Department does not have to break a door or window it could help save a lot of money. The Board thanked CEO Williams for taking on the responsibility. Councilman Rocco made a motion, seconded by Councilman Proud, to receive and file correspondence from NYS Homes & Community Renewal, dated July 14, 2011, regarding the NYS Community Development Block Grant for Pyrotek and the approaching grant completion date of January 13, 2012. All voting aye, the motion was carried. There was discussion regarding the Final Draft — Town of Groton Land Use & Development Code. Attorney Folmer mentioned that the Town was given notice of the Final Draft because we are an adjoining municipality and they are required to give us notice. He advised the Board the only action they needed to take was to receive and file the information. Councilman made a motion, seconded by Councilman, to receive and file the Final Draft — Town of Groton Land Use & Development Code, dated July 18, 2011, pursuant to General Municipal Law, Section 239 (1&m). All voting aye, the motion was carried. 1 315 JULY 20, 2011 TOWN BOARD MEETING PAGE 9 There was discussion regarding Form E for the Polkville Waterline Extension Project. Councilman Proud questioned whether the Form E changed the cost of the project. Deputy Supervisor Testa and Town Clerk Snyder replied no. Attorney Folmer explained to the Board there was a construction meeting this afternoon, and that the Form E was just an update. Councilman Rocco noted that Supervisor Tupper read the information. Councilman Leach questioned whether the project was complete and noted that the fire hydrants are still covered. Councilman Testa and Councilman Proud indicated they were close to completion, per information from W&S Sup't. Alteri. Councilman Proud did not believe they could officially uncover the hydrants until it is approved. Attorney Folmer stated he spoke with Rich DeGuida of CHA yesterday who told him the project is basically complete. The hold up at this time is through Niagara Mobawk getting the electrical to the main directive box. They have tested and flushed the lines. The project should be complete by the end of the month or the beginning of August. He recalled the original plan called for the project to be complete in October. Councilman Proud added that the electrical is probably the metering system that we tie into the City's system. Councilman Leach stated he was happy with the work the contractors did in restoring the properties, which look very nice. RESOLUTION #151 ACCEPT FORM E — RURAL DEVELOPMENT (RD) PROJECT BUDGET/COST CERTIFICATION FOR THE POLKVILLE WATERLINE EXTENSION PROJECT Motion by Councilman Proud Seconded by Councilman Leach VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Form E (application No. 3) — Rural Development (RD) Project Budget/Cost Certification, dated July 18, 2011 and signed July 20, 2011, regarding the Polkville Waterline Extension Project, is hereby accepted and shall be received and filed. Deputy Supervisor Testa had one more item to bring before the Board. He requested the Board authorize hiring Brian Congdon as a Water Treatment Plant Operator, effective August 1, 2011, with a 6-month probationary period, with a starting salary of $45,000.00. Mr. Congdon, who previously worked for another municipality's water/sewer department, was highly recommended by Water & Sewer Sup't. Alteri. RESOLUTION 4152 AUTHORIZE SUPERVISOR TO HIRE BRIAN CONGDON AS A WATER TREATMENT PLANT OPERATOR EFFECTIVE AUGUST 1. 2011 Motion by Councilman Rocco Seconded by Councilman Leach VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to hire Brian Congdon of 6483 Scott Road, Homer, New York, as a Water Treatment Plant Operator for the Town of Cortlandville Water & Sewer Department, effective August 1, 2011 with a six- month probationary period, at an annual salary of $45,000.00. No further comments or discussion were heard. Councilman Proud made a motion, seconded by Councilman Leach, to recess the Regular Meeting to an Executive Session to discuss pending litigation. All voting aye, the motion was carried. 316 JULY 20, 2011 TOWN BOARD MEETING PAGE 10 The meeting was recessed at 5:50 p.m. The following information was received from the Supervisor's office. Councilman Leach made a motion, seconded by Councilman Proud, to adjourn the Executive Session and reconvene to the Regular Meeting. All voting aye, the motion was carried. No action was taken. Councilman Rocco made a motion, seconded by Councilman Proud, to adjourn the Regular Meeting. All voting aye, the motion was carried. The meeting was adjourned at 6:20 p.m. Respectfully submitted, Karen Q. Snyder, RMC J Town Clerk Town of Cortlandville *Note: The draft version of this meeting was submitted to the Town Board for their review on July 29, 2011. The draft version of this meeting was approved as written at the Town Board meeting of August 3, 2011. 1