HomeMy WebLinkAbout08-03-2011317
AUGUST 03, 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, Gregory K. Leach
Deputy Town Clerk, Kristin Rocco-Petrella, RMC
Absent: Town Clerk, Karen Q. Snyder, RMC
Councilman, John C. Proud
Others present were: Town Attorney, John Folmer; Highway Sup't. Carl Bush; Assistant
Code Enforcement Officer, Desiree Campbell; Candy Stevens; Jill, Michael and William Pace;
News Reporters: Eric Mulvihill from WXHC, and Jeremy Houghtaling from the Cortland
Standard.
Supervisor Tupper called the meeting to order.
Councilman Rocco made a motion, seconded by Councilman Testa, to approve the draft
Town Board Minutes of July 20, 2011 with corrections. All voting aye, the motion was carried.
With regard to payment of the bills, Supervisor Tupper noted that Highway Sup't. Bush
submitted a bill for payment in an amount over $2,500 for plumbing, which was an emergency
repair. Therefore, a purchase order was not submitted.
RESOLUTION #153 AUTHORIZE PAYMENT OF VOUCHERS - AUGUST
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
Vouchers #410 - 427
$
97,957.72
General Fund B
B 108 - B 112
$
3,602.79
Highway Fund DB
D298 - D316
$196,881.56
Water Fund
W159 - W166
$
26,983.90
Sewer Fund
S85 - S86
$
14,732.56
Capital Project
H43 - H44
$
45,285.00
Supervisor Tupper acknowledged William Pace, who was in attendance. William wrote
Councilman Testa a thank -you note, which Supervisor Tupper read aloud.
Dear Mr. Ted Testa,
Hi, I am William Pace. I have played Little League baseball ever since it started 4 years
ago. I love baseball and since you have worked hard to make those great fields I have had one of
the best experiences in my life. On Monday night I played my last regular season Little League
game. I would like to thank you for those great fields. Although I will not be able to play there
next year, I will always remember those fields.
Thank you,
William Pace
Councilman Testa presented William with a Cortlandville hat and t-shirt and thanked him
for his kind note.
Supervisor Tupper noted that Paul Allen, President of the Board of Directors for the Lime
Hollow Nature Center, requested privilege of the floor to discuss the Center and thank the Town
for the camperships. The Town has been receiving nice letters from teachers and children
thanking the Town for the opportunity to attend the camp this summer. Mr. Allen was not in
attendance.
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AUGUST 03, 2011 TOWN BOARD MEETING PAGE 2
Supervisor Tupper noted that the Board received a brochure regarding the Brockway
Truck Show, to be held August 11-14, 2011, Downtown Cortland, New York. He encouraged
the public to attend the event.
Supervisor Tupper offered privilege of the floor to Desiree Campbell.
Desiree Campbell, Assistant Code Enforcement Officer, updated the Board regarding
Fire & Safety Inspections. She referred to the report of activity that was submitted to the Board,
and reported that 21 inspections were completed during the month of July 2011, with 7 re -
inspections, and 73 inspections completed year to date. She explained that the Code Office is
trying to "catch up" on the inspections from where Atlantic Inland left off. Most inspections are
conducted bi-annually. While the number of inspections conducted each year would vary, Ms.
Campbell anticipated that between 300-350 inspections would be completed by the end of the
year.
Councilman Rocco questioned whether appointments are made for the inspections. Ms.
Campbell explained that the Code Office does not make appointments for every business, but
instead will show up to the business and ask to conduct an inspection. If it is not a convenient
time for the owner, she will schedule an appointment. Ms. Campbell explained her process for
conducting the inspections, including the inspection form. If the property fails the fire
inspection, the necessary corrections are noted on the form and a re -inspection must be done.
Ms. Campbell conducts most of the inspections on her own, unless she requests assistance from
CEO Williams.
Supervisor Tupper stated he was pleased to hear that the Fire Inspections were going well
and thanked Ms. Campbell for her report.
The monthly report of the Code Enforcement Officer, including the Fire & Safety
Inspection activity for the month of July 2011, and the 2nd Quarter 2011 Report of the Cortland
County SPCA, were on the table for review and are filed in the Town Clerk's office.
There was discussion regarding the 2010 Audit Report of the Town of Cortlandville,
which was tabled from the July 20, 2011 Town Board Meeting. Supervisor Tupper mentioned
that the Town received another good report for the 2010 fiscal affairs of the Town. The Report
indicated the following: the Town's net assets are up; the Town spent less money than budgeted;
took in more revenue than estimated and closed the year out on the plus side; the Town is in
good shape fiscally; and concerns that were identified in the past were corrected. Supervisor
Tupper asked the Board to thank Town Bookkeeper, Marcia Hicks for her hard work. The Board
agreed, and also thanked Supervisor Tupper for being aware of what is going on in the Town.
RESOLUTION #154 ACKNOWLEDGE AUDIT REPORT OF THE FISCAL
AFFAIRS OF THE TOWN OF CORTLANDIVLLE FROM
CIASCHI, DIETERSHAGEN, LITTLE, MICKELSON &
COMPANY, LLP FOR THE PERIOD ENDING
DECEMBER 31, 2010
Motion by Councilman Rocco
Seconded by Councilman Leach
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, 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 for the Town of Cortlandville is hereby acknowledged and shall be received and filed.
There was discussion regarding adoption of the Cortland County Multi -Jurisdictional All -
Hazard Mitigation Plan, which was also tabled from the July 20, 2011 Town Board Meeting.
Supervisor Tupper explained that the plan must be adopted on a countywide basis, and may
make the Town eligible for federal flood mitigation money. Attorney Folmer noted that the
Board was in receipt of the report, which they did not have at the July 20th meeting. CEO
Williams reviewed the report and recommended its approval. CEO Williams is the Town's
hazard mitigation point of contact.
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AUGUST 03, 2011 TOWN BOARD MEETING PAGE 3
Councilman Rocco commented on flood insurance and people who live on a hill that are
now required to have flood insurance. When such people have contacted the federal government
to dispute that they are in a flood zone they have been advised to hire an engineer, have an
engineering study done, and present it to the government for review. The government will either
reject or accept the report, but in the meantime the property owner has spent $2,000+ for the
engineering report. Councilman Rocco stated the issue must be addressed because the new flood
zones have impacted a lot of people. He noted that flood insurance is very profitable for the
federal government; the more properties listed in a flood zone the more profit the government
makes. Councilman Rocco stated there were also problems in the City, which he thought were
corrected.
Supervisor Tupper mentioned that he met with Amanda Barber from Cortland County
Soil & Water Conservation District to discuss the flood zones. She informed him that more can
be done from her organization, but it all requires topo-surveys. The mapping is all done with
computer modeling. Ms. Barber thought that mistakes were made in the computer modeling. In
order to prove the federal government is wrong, engineers and surveyors would have to be hired,
which would be expensive. Ms. Barber asked Supervisor Tupper if the Town would be
interested in funding some of the work. Ms. Barber would also approach the City. The Town
and the City seem to have the most people living in the affected areas. Supervisor Tupper stated
it is not going to be cheap to convince FEMA that they're not right, however you can prove that
you are not in a flood zone by getting the engineering and topo-survey done. Supervisor Tupper
reverted back to the resolution on the table.
Councilman Leach questioned whether accepting the Cortland County Multi -
Jurisdictional All -Hazard Mitigation Plan, and acknowledging the risks in the area, would affect
homeowners insurance.
Supervisor Tupper stated the maps are set in stone, and are dated May 2010. He did not
feel there was a risk to accepting the plan. Councilman Rocco questioned whether there was a
reason to accept the plan. Supervisor Tupper indicated that unless all the towns, villages and the
City accept the plan, the County wouldn't have an acceptable plan. According to the
correspondence from the County, the approval of the plan by FEMA would allow all
participating jurisdictions to submit hazard mitigation projects that could minimize and/or
prevent public or private property damage from future natural disasters.
Attorney Folmer stated there was no risk to accepting the plan. The risk comes from the
maps and the determination by FEMA of the flood zones. The plan would give the County the
basis upon which to react to an emergency that is covered under the mapping situation. Attorney
Folmer stated there were no risks to insurance policies because the risks have already been
identified, theoretically.
Councilman Testa made a motion, seconded by Councilman Leach, to accept the plan.
Councilman Rocco was opposed to accepting the plan, because the flood zone map was included
which he did not agree with.
RESOLUTION #155 A RESOLUTION OF THE TOWN BOARD OF THE TOWN OF
CORTLANDVILLE OF CORTLAND COUNTY, NEW YORK
AUTHORIZING THE ADOPTION OF THE CORTLAND
COUNTY MULTI -JURISDICTIONAL ALLHAZARD
MITIGATION PLAN
Motion by Councilman Testa
Seconded by Councilman Leach
VOTES: Supervisor Tupper
Aye
Councilman Testa
Aye
Councilman Leach
Aye
Councilman Rocco
Nay
Councilman Proud
Absent
WHEREAS, all of Cortland County has exposure to natural hazards that increase the risk to life,
property, environment and the County's economy; and
WHEREAS, The Disaster Mitigation Act of 2000 (Public Law 106-390) established new
requirements for pre- and post -disaster hazard mitigation programs; and
WHEREAS, a coalition of Cortland County municipalities with like planning objectives has
been formed to pool resources and create consistent mitigation strategies within Cortland
County; and
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AUGUST 03, 2011 TOWN BOARD MEETING PAGE 4
WHEREAS, the coalition has completed a planning process that engages the public, assesses the
risk and vulnerability to the impacts of natural hazards, develops a mitigation strategy consistent
with a set of uniform goals and objectives, and creates a plan for implementing, evaluating and
revising this strategy;
NOW, THEREFORE, BE IT RESOLVED that the jurisdiction name:
1. Adopts in its entirety, the Cortland County Multi -Jurisdictional All -Hazard Mitigation
Plan (the "Plan") as the jurisdiction's Natural Hazard Mitigation Plan, and resolves to
execute the actions identified in the Plan that pertain to this jurisdiction.
2. Will use the adopted and approved portions of the Plan to guide pre- and post -disaster
mitigation of the hazards identified.
3. Will coordinate the strategies identified in the Plan with other planning programs and
mechanisms under its jurisdictional authority.
4. Will continue its support of the Mitigation Planning Committee as described within the
Plan.
5. Will help to promote and support the mitigation successes of all participants in this Plan.
6. Will incorporate mitigation planning as an integral component of government and partner
operations.
7. Will provide an update of the Plan in conjunction with the County no less than every five
years.
Deputy Town Clerk Rocco-Petrella informed the Board that notification was received
from Cort-Lanes, Inc. regarding renewal of their liquor license for their establishment located on
Route 13. She requested the Board receive and file the correspondence.
Councilman Testa made a motion, seconded by Councilman Rocco, to receive and file
correspondence and the 30-Day Advance Notice Form from John M. Partigianoni, received
August 3, 2011, regarding the renewal of their Liquor License for Cort-Lanes, Inc., located at
928 Route 13 in the Town of Cortlandville. All voting aye, the motion was carried.
Deputy Town Clerk Rocco-Petrella apprised the Board the Town Clerk received a Small
Claims Assessment Review Petition from Jane Zogg, for property located at 2261 Ridge Road,
and three Notice of Petitions, which were certiorari actions, from Gator Cortlandville Partners
LTD, Ceruzzi Holdings, LLC, and K-MART #7134.
RESOLUTION #156 ACKNOWLEDGE RECEVING SMALL CLAIMS
ASSESSMENT REVIEW PETITION
Motion by Councilman Testa
Seconded by Councilman Leach
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby acknowledge, by receiving and filing, the
Small Claims Assessment Review Petition from Jane Wayman Zogg for property located at 2261
Ridge Road, tax map #98.00-01-01.000, regarding her current assessed property value.
RESOLUTION #157 ACKNOWLEDGE RECEIVING NOTICE OF PETITION FOR
REVIEW OF ASSESSMENTS
Motion by Councilman Testa
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:
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AUGUST 03, 2011
TOWN BOARD MEETING
PAGE 5
Gator Cortlandville Partners LTD 3654-3666 Route 281
Ceruzzi Holdings, LLC Route 13
K-MART #7134 854 Route 13
Attorney Folmer reported:
Certiorari Tax Claim:
tax map #96.09-01-02.200
tax map #95.00-10-11.100
tax map #95.20-02-06.000-1
Attorney Folmer apprised the Board he was continuing to negotiate one certiorari tax
claim, which the Board was aware of. Supervisor Tupper questioned whether an appraiser was
hired, which Attorney Folmer indicated they were in the process of doing so.
RESOLUTION #158 RESOLUTION TO BE PAID DIRECTLY ALL OF TOWN'S
SHARE OF COUNTY SALES TAX
Motion by Councilman Rocco
Seconded by Councilman Leach
VOTES: ALL AYE ADOPTED
RESOLVED, that the Town of Cortlandville pursuant to Tax Law Section 1262 elects to be paid
directly all of its share of county sales taxes which would otherwise be applied to reduce the
county taxes levied upon real property in the Town of Cortlandville, and be it further
RESOLVED, that pursuant to Town Law Section 1262, this resolution shall be effective
commencing with calendar year 2012, and it is further
RESOLVED, that the Cortlandville Town Clerk shall forward a certified copy of this Resolution
to the Cortland County Treasurer and the Cortland County Director of Real Property Tax
Services by registered or certified mail before September 1, 2011.
Supervisor Tupper commented on correspondence received from Port, Kashdin &
McSherry regarding the audit for the Town Court. He explained that the Town Court has a -
separate audit from the rest of the Town because of the large amount of money the Court takes
in.
RESOLUTION #159 AUTHORIZE SUPERVISOR TO SIGN AGREEMENT WITH
PORT, KASHDIN & MCSHERRY, CERTIFIED PUBLIC
ACCOUNTANTS, TO AUDIT THE TOWN COURT'S
FINANCIAL STATEMENTS FOR THE YEAR ENDING
DECEMBER 31, 2010
Motion by Councilman Leach
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to sign the
agreement with Port, Kashdin. & McSherry, Certified Public Accountants, to audit the Town
Court's financial statements for the year ending December 31, 2010, for the amount of $3,675-
$3,940.
There was discussion regarding the Notice of Appropriation from the New York State
Department of Transportation for property located on Route 13. Attorney Folmer advised the
Board the only action they needed to take was to receive and file the notice. There were two
appropriations. The first is an area that runs across part of the Town's right-of-way at the traffic
light entrance to Wal-Mart. The second is a straight line along the easterly boundary line of
Route 13, beginning at the northwest corner of Wal-Mart's land to Bennie Road. Access is
prevented in the area. Attorney Folmer apprised the Board the State has the right to appropriate
the properties. The filing of the maps on July 8, 2011 completes the process.
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AUGUST 03, 2011 TOWN BOARD MEETING PAGE 6
Councilman Rocco questioned whether "appropriate" meant that the State had to pay for
the property. Attorney Folmer explained that the State was "taking it". His advice to the Board
was that they did not have claim that was viable, nor would the Town get anywhere in the Court
of Claims.
Councilman Leach questioned what the appropriation would protect the State from.
Supervisor Tupper explained there would be no curb cuts. Attorney Folmer added that the
Department of Transportation would not be able to do a curb cut without getting approval from
the hierarchy of the State.
Councilman Leach made a motion, seconded by Councilman Testa, to receive and file the
Notice of Appropriation and maps from the New York State Department of Transportation dated
July 13, 2011. All voting aye, the motion was carried.
There was discussion regarding correspondence from Dormitory Authority. Supervisor
Tupper explained that the grant money for the construction of a handicap bathroom and
concession stand at the Ted Testa Park was deposited into the Town's account, and that the grant
was now closed. Supervisor Tupper would send Senator Seward a letter and call his office to
thank him for his help.
Councilman Leach made a motion, seconded by Councilman Testa, to receive and file
correspondence from Kelly Ray, Dormitory Authority of the State of New York, regarding
payment of the Town's reimbursement request #1 in the amount of $250,000.00 under the New
York State Economic Development Assistance Program for the Ted Testa Park; and to receive
and file the original Grant Disbursement Agreement between Dormitory Authority of the State of
New York and the Town of Cortlandville. All voting aye, the motion was carried.
Councilman Testa mentioned that he and Supervisor Tupper would be meeting with an
engraving company with regard to ordering plaques for the Ted Testa Park to thank the different
people who have helped with the park.
Supervisor Tupper announced that the Board would be lacking a quorum at the Town
Board Meeting scheduled for Wednesday, August 17, 2011. The meeting was therefore
rescheduled to Wednesday, August 24, 2011 at 5:00 p.m. Because representatives from both the
Cortland Standard and WXHC were in attendance, Supervisor Tupper stated that the media was
considered notified. The agenda would be available on the Town's website.
No further comments or discussion were heard.
Councilman Rocco made a motion, seconded by Councilman Testa, to adjourn the
Regular Meeting. All voting aye, the motion was carried.
The meeting was adjourned at 5:30 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 August 12, 2011.
The draft version of this meeting was approved as written at the Town Board meeting of August 24, 2011.