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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. 1 1 1 33-L SEPTEMBER 07, 2011 TOWN BOARD MEETING PAGE 2 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 53�- 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 3 3.3 SEPTEMBER 07, 2011 TOWN BOARD MEETING PAGE 4 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 33� 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.