HomeMy WebLinkAbout09-07-2011330
SEPTEMBER 07, 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, John C. Proud
Councilman, Gregory K. Leach
Town Clerk, Karen Q. Snyder, RMC
Others present were: Town Attorney, John Folmer; Glenn Reisweber and Paul Allen
representing the Lime Hollow Nature Center; Christella Yonta, Seven Valleys Health Coalition;
News Reporters: Sharon Stevans for Channel 2, Access TV, and Matthew Nojiri from the
Cortland Standard.
Supervisor Tupper called the meeting to order.
The Draft Town Board Minutes of August 24, 2011 were presented to the Town Board
for their review.
RESOLUTION #171 AUTHORIZE PAYMENT OF VOUCHERS — SEPTEMBER
Motion by Councilman Leach
Seconded by Councilman Proud
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the vouchers submitted have been audited and shall be paid as follows:
General Fund A
Vouchers #467 -
491
$317,294.36
General Fund B
B127
- B130
$ 674.53
Highway Fund DB
D347
- D363
$ 75,252.35
Special Grants
C28
- C29
$ 552.78
Water Fund
W181
- W191
$ 19,743.89
Sewer Fund
S99 - 5109
$ 24,983.88
Capital Project
H46
- H46
$324,193.45
Supervisor Tupper offered privilege of the floor to Paul Allen and Glenn Reisweber from
the Lime Hollow Nature Center, and Christella Yonta from the Seven Valleys Health Coalition.
Christella Yonta representing the Seven Valleys Health Coalition (SVHC), apprised the
Board the SVHC had a grant called "Healthy Places to Live, Work, and Play." Over the summer
the SVHC helped the Lime Hollow Nature Center work on a trail to connect Lamont Circle
neighborhood to the trails at Lime Hollow. Mrs. Yonta explained that one of the strategies the
SVHC does is to give people an opportunity to be physically active in their neighborhoods.
Mrs. Yonta presented the Town Board with a certificate of thanks and appreciation for
efforts to help make Cortland County a healthy place to live, work, and play. The certificate was
in recognition of the work the SVHC was able to accomplish on the trail as well as the Lamont
Circle Park. Mrs. Yonta explained that the Town helped spruce up the neighborhood park with
fresh paint and also cleaned up the pavilion. She also recognized the Town Highway
Department for their efforts.
Glenn Reisweber, from the Lime Hollow Nature Center, explained that he worked with
Highway Sup't. Bush and County Highway Sup't. Chambers to accomplish the park project. He
stated that both agencies were very cooperative and a pleasure to work with. The highway
departments provided equipment and supplies, while staff members and volunteers from the
Lime Hollow Nature Center also worked hard on the project.
Mr. Reisweber thanked the Board for sponsoring camperships, which are scholarships for
6th grade students who have an interest in wildlife and the environment. Mr. Reisweber shared a
story of a 6th grade boy from Virgil who was selected for a campership.
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Mr. Reisweber was happy to report that the Lime Hollow Nature Center has had 920
campers since 2006. Attendance at the summer camps increased 193% from when the camp
started in 2006. He was happy to report that the summer camps were thriving and that the
Nature Center was doing quite well.
Paul Allen, President of the Board of Directors for the Lime Hollow Nature Center,
thanked the Board for its partnership with the Nature Center. He mentioned the Town's support
for the Nature Center's grant application to secure and protect a very sensitive piece of property
that has a wetland contained within it.
Councilman Rocco questioned how the Industrial Park would impact the Lime Hollow
Nature Center. He also questioned how many acres the Center owned.
Mr. Reisweber explained that the Lime Hollow Nature Center was talking with Gary
VanGorder from the Cortland County BDC/IDA to make sure there is an adequate buffer to
protect the Chicago Bog area. Mr. Reisweber apprised the Board it should be considered a Class
1 DEC wetland area, but has been considered a Class 2 area by definition. Mr. Reisweber stated
the Center was interested in partnering with the BDC/IDA to make sure that they are developing
the park with the original intent of their documents, which calls for the partnership in the
development of a business park right next to a nature center, which is almost unheard of. Mr.
Reisweber apprised the Board the Lime Hollow Nature Center owns 400 acres. He mentioned
that in 2011, the Center was focused on stewardship and was talking with several property
owners, focusing on land preservation and conservation easements. Conservation easements
were a tool for property owners to still own and protect their property, and allow for uses such as
hiking, environmental education, and bird watching. Mr. Reisweber anticipated the Lime
Hollow Nature Center would have 600 acres of land not owned but under protection by 2014.
The monthly reports of the Town Clerk, Code Enforcement Officer, Fire & Safety
Inspection activity, and Town Supervisor for the month of August 2011 were on the table for
review and are filed in the Town Clerk's Office.
Councilman Proud made a motion, seconded by Councilman Leach, to receive and file
correspondence from Time Warner Cable, dated September 1, 2011, regarding programming
services. All voting aye, the motion was carried.
Councilman Rocco mentioned that the Federal Communications Commission recently
passed a ruling that is IN favor of the public. During negotiations between cable companies and
the different programmers, the public and paying customer will no longer be a pawn in the
negotiation of pricing. The customer will not be affected by negotiations between the cable
companies and programmers; the customer will still get service.
Councilman Proud questioned whether the voucher approved for North Country
Contractors was the final payment for the Polkville Waterline Extension Project. Supervisor
Tupper indicated that the voucher the Board approved, in the amount of $324,193.25, was final
payment to North Country Contractors. Supervisor Tupper explained that he received an email
from Rich DeGuida at CHA suggesting the Town ask for a 30-day extension for closing out the
project. Councilman Leach questioned whether the 30-day extension would affect payment to
North Country Contractors, which Supervisor Tupper stated it would not. Supervisor Tupper
explained that the Town was using Town funds to make the payment, and would then be
reimbursed by ARRA funds. Supervisor Tupper also indicated that he received an email from
Christine Cerio, USDA regarding a list of documents the Town needs before closing out the
prof ect.
Attorney Folmer reported:
Repair to Walgreens Stormwater Management System:
Attorney Folmer reported that at the last Town Planning Board meeting, the Planning
Board adopted a recommendation to the Town Board regarding the repair and evaluation of the
Walgreens Stormwater Management System. A representative from Clough Harbour &
Associates was at the Planning Board meeting, however she was not able to comment on the
matter at that time. Attorney Folmer suggested the Board refer to the recommendations from the
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SEPTEMBER 07, 2011 TOWN BOARD MEETING PAGE 3
Planning Board, which were listed on the August 30, 2011 Index of Actions. He also provided
the Board with a copy of the recommendations. If the Board had any thoughts or concerns about
it, Attorney Folmer requested that they let him know and he would discuss them with CHA. He
stated that the primary thing was to get some inspections done by an independent party
designated by the Town Board.
Supervisor Tupper stated the Board should be pleased that the Planning Board is being so
diligent and careful to protect the aquifer.
Certiorari Proceeding — Gator Cortlandville Partners:
Attorney Folmer apprised the Board that he may be closer to a resolution regarding the
certiorari proceeding involving Gator Cortlandville Partners. He would keep the Board posted.
There was discussion regarding amending the 2011 Budget to transfer funds from the
Sewer Operating Fund to Capital Projects for the NYS Route 13 Sewer Rehabilitation Project.
Supervisor Tupper explained there was a negative balance in the project account, and that
$2,267.00 must be transferred to put the account back to the positive. Town Engineer, Hayne
Smith was looking to repair the bad section of sewer line between Footie's Freeze and Aldi's on
Route 13, where the sewer lines are cracking and some stone and ground water is going into the
line. Engineer Smith was looking at survey work, easements, and right-of-ways to see whether
the Town could contract for repairs to the sewer line. Per the Town Bookkeeper, the cost of the
project to date was $59,622.34. The Bookkeeper also suggested the Town get a BAN to pay for
the project, as the sewer fund would be short by the end of the year if the fund was not
reimbursed.
Councilman Rocco suggested that if the Town has reserve funds at the end of the year,
the Board should transfer funds into the retirement reserves. He explained that the state pension
system is under tremendous pressure right now, and the Town may get stuck with more to pay in
the future. Supervisor Tupper added that he received the 2013 estimate in the mail, which
increased significantly, from where it was.
RESOLUTION #172 AMEND THE 2011 BUDGET AND AUTHORIZE
SUPERVISOR TO TRANSFER FUNDS FROM THE SEWER
OPERATING FUND TO CAPITAL PROJECTS FOR THE NYS
ROUTE 13 SEWER REHABILITATION PROJECT
Motion by Councilman Leach
Seconded by Councilman Proud
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Supervisor is hereby authorized and directed to transfer $2,267.00 from
the Sewer Operating Fund to the Capital Project Fund, HC — NYS Route 13 Sewer Rehab, and it
is further
RESOLVED, the operating funds will be paid back for the NYS Route 13 Sewer Rehab when
the Town receives a bond for the project, and it is further
RESOLVED, the 2011 Budget is hereby amended.
RESOLUTION #173 AUTHORIZE SUPERVISOR TO TRANSFER FUNDS FROM
FUND BALANCES TO ESTABLISHED RESERVE
ACCOUNTS
Motion by Councilman Leach
Seconded by Councilman Proud
VOTES: ALL AYE ADOPTED
WHEREAS, the Supervisor requested the Town Board authorize him to transfer funds from the
fund balances to established reserve accounts per the 2011 Budget, therefore
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BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to transfer
funds from fund balances into established reserve accounts as follows:
- $3,000 from GFA Fund Balance to Unemployment Reserve Fund
- $50,000 from DB Fund Balance to Highway Equipment Capital Reserve Fund
- $15,000 from Water Fund Balance to Water Improvement Capital Reserve Fund
- $15,000 from Sewer Fund Balance to Sewer Improvement Capital Reserve Fund
Attorney Folmer recalled that the Board authorized, by resolution, utilizing up to $54,000
from the Highway Equipment Capital Reserve Fund for the purchase of two particular pieces of
equipment per Highway Sup't. Bush's request. The resolution was adopted subject to permissive
referendum. The permissive referendum period expired, the equipment was purchased, and
Highway Sup't. Bush was able to save some money on the equipment. According to Attorney
Folmer, Highway Sup't. Bush questioned whether he could use the unexpended funds to
purchase additional equipment. Attorney Folmer explained that the remaining money could not
be used for anything other than what was adopted because the Board went to permissive
referendum and stated that they were going to buy two particular things. The money that was not
expended must stay in the reserve fund. Attorney Folmer conferred with Bond Counsel who
agreed that it would not be a proper use of the funds. Supervisor Tupper indicated the remaining
money would be transferred back to the Highway Equipment Capital Reserve Fund.
RESOLUTION #174 AUTHORIZE SUPERVISOR TO SIGN THE OWNER -
OCCUPIED LOAN AGREEMENT AND AFFIDAVIT BETWEEN
THE TOWN AND KATHERINE M. KING FOR THE 2008
HOME GRANT SENIOR HOUSING REHABILITATION
PROGRAM
Motion by Councilman Proud
Seconded by Councilman Leach
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize the Supervisor to sign the Owner -
Occupied Loan Agreement and Affidavit between the Town of Cortlandville and Katherine M.
King, 584 McLean Road, Cortland, New York, for a 100% deferred loan for the 2008 HOME
Grant - Senior Housing Rehabilitation Program in the amount of $19,361.89.
There was discussion regarding the request from OCM BOCES for "No Parking or
Standing" on both sides (east and west) of NYS Route 13, 250 feet north and south of the OCM
BOLES, McEvoy Campus entrance. Councilman Leach commented that according to the map
that was provided, not all of the names listed on the petition were neighboring property owners.
He did not dispute the request for no parking or standing, and agreed there was a safety concern.
He indicated that the issue may be due to people who leave the campus to smoke.
RESOLUTION 9175 AUTHORIZE REQUEST FOR "NO PARKING OR STANDING"
ON BOTH SIDES OF NYS ROUTE 13,250 FEET NORTH AND
SOUTH OF THE OCM BOCES, MCEVOY CAMPUS
ENTRANCE
Motion by Councilman Leach
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
WHEREAS, the Town received a request from OCM BOCES for "No Parking or Standing" on
both sides (east and west) of NYS Route 13, 250 feet north and south of the OCM BOCES,
McEvoy Campus entrance, to increase the safety for buses entering and exiting the campus, and
WHEREAS, the request included a signed petition from area residents agreeing that "No Parking
or Standing" would not create an undue hardship for area residents, and
WHEREAS, NYS Route 13 is a State Highway, therefore
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SEPTEMBER 07, 2011 TOWN BOARD MEETING PAGE 5
BE IT RESOLVED, the Town Board does hereby authorize and direct the request for "No
Parking or Standing" on both sides (east and west) of NYS Route 13, 250 feet north and south of
the OCM BOCES, McEvoy Campus Entrance, be submitted to the NYS DOT for approval, via
the Cortland County Highway Superintendent for his input as required.
Councilman Testa made a motion, seconded by Councilman Leach, to receive and file
correspondence dated August 29, 2011 from the Cortland County Civil Service Department
notifying the Town that the State Department of Civil Service approved the position of Aide To
Town Supervisor in the non-competitive class on July 21, 2011. All voting aye, the motion was
carried.
Supervisor Tupper apprised the Board that Justice Casullo approached him regarding
submission of a grant application to the NYS Unified Court System. Justice Casullo had an
opportunity to apply for a grant up to $30,000 for new equipment, and would be applying for a
grant in the amount of $8,000 to purchase two fireproof filing cabinets. Supervisor Tupper
explained that the Board must adopt a resolution in order for him to apply for the grant.
RESOLUTION #176 AUTHORIZE SUPERVISOR TO SIGN APPLICATION TO
NEW YORK STATE UNIFIED COURT SYSTEM FOR A
GRANT UNDER THE JUSTICE COURT ASSISTANCE
PROGRAM
Motion by Councilman Leach
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
WHEREAS, the New York State Unified Court System has available to town and village courts
a grant with a maximum award of $30,000, available through the Justice Court Assistance
Program, and
WHEREAS, the amount Town Justice Francis J. Casullo is requesting from such grant will not
exceed $8,000, therefore
BE IT RESOLVED, the Supervisor is hereby authorized and directed to sign such application,
and it is further
RESOLVED, the Town Clerk is hereby authorized and directed to prepare a certified copy of the
foregoing resolution to be forwarded to the Unified Court System along with the completed
application.
No further comments or discussion were heard.
Councilman Leach made a motion, seconded by Councilman Testa, to adjourn the
Regular Meeting. All voting aye, the motion was carried.
The meeting was adjourned at 5:25 p.m.
Respectfully submitted,
�r
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 September 15, 2011.
The final version of this meeting was approved as written at the Town Board meeting of September 21, 2011.