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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. 31.8 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. 319 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 3 2 () 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: 1 1 3z2 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. 32 Z 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.