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FEBRUARY 03, 2010 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 Tupper
Councilman, Theodore Testa
Councilman, Ronal Rocco
Councilman, John Proud
Councilman, Gregory Leach
Town Clerk, Karen Q. Snyder, RMC
Others present were: Town Attorney, John Folmer; Highway Sup't. Carl Bush; Town
Assessor, David Briggs; County Legislator, Susan Briggs; Don McHugh; Barbara Leach; Tim
Neff; and News Reporter Holden Slattery from the Cortland Standard.
Supervisor Tupper called the meeting to order.
Councilman Proud made a motion, seconded by Councilman Testa, to approve the Special
Town Board Minutes of December 23, 2009 as written. All voting aye, the motion was carried.
The Draft Town Board Minutes of January 20, 2010 were presented to the Board for
review.
RESOLUTION #32 AUTHORIZE PAYMENT OF VOUCHERS - FEBRUARY
Motion by Councilman Proud
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 #52 - 85
$
89,119.05
General Fund B
B7 - B 10
$
74,670.45
Highway Fund DB
D20 - D38
$
52,599.94
Trust & Agency
T3 - T4
$
4;816.85
Water Fund
W21 - W30
$
9,441.93
Sewer Fund
S5 - S 13
$
3,090.23
Capital Project
H5 - H8
$
1,120.22
Supervisor Tupper offered privilege of the floor to Don McHugh.
Town resident, Don McHugh, apprised the Board that in 2008 legislation was passed in
New York State that allows municipalities to adopt a law permitting a real property tax
exemption to veterans who served during the Cold War period. The exemption would be
available to veterans who served in active duty in the United States Armed Forces between
September 2, 1945 and December 26, 1991. Mr. McHugh had been following the legislation in
the newspapers, and questioned whether the Town was considering the exemption. The current
veterans exemption in the Town was limited to specific war times. Mr. McHugh provided the
Board with information on the legislation.
Town Assessor, David Briggs clarified that the County and the Town have the
Alternative Veterans' Exemption, which has been in place for many years. The Alternative
Veterans Exemption includes the following exemptions for both Town and County property
taxes:
- For serving during a period of war, receive a maximum of $6,000 reduction to assessed value
- For serving in a combat zone, receive an additional $4,000 reduction to assessed value
- For a service connection disability, receive up to an additional $20,000 reduction in assessed
value
Assessor Briggs explained that in order to be eligible for the Alternative Veterans' Exemption,
the veteran had to serve during specific periods of war as outlined by the law. If a veteran served
between the specific periods of war as outlined in the law (between the Korean War which ended
January 31, 1955 and the Vietnam War which started February 28, 1961) the veteran is not
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FEBRUARY 03, 2010 TOWN BOARD MEETING PAGE 2
eligible for the exemption. The Alternative Veterans' Exemption was adopted by the Town as a
local law, and by the County as a local law.
Assessor Briggs explained that in 2008 there was a movement by the Veterans
Administration to give exemptions to veterans who fell between the specific war dates, called the.
Cold War Veterans' Exemption. The Board would have to adopt the Cold War Veterans'
Exemption by local law; the County could adopt a local law as well if they chose to do so. If
adopted, he suggested the Board adopt the same levels/percentages as the Alternative Veterans'
Exemption. The levels can change at any time by Board Resolution. At this time, the
Alternative Veterans' Exemption is a 15% exemption of assessed value up to a maximum of
$6,000, and an additional 10% of assessed value for serving during a period of war to the
maximum of $4,000. Assessor Briggs suggested the Board adopt a 15% Cold War exemption up
to a maximum of $6,000.
Assessor Briggs apprised the Board if they adopt the exemption by local law, in order to
be applicable for 2010, it would normally have to be accomplished 60-days prior to the taxable
status date of March lst. However, if the Board wanted to include the exemption for 2010, the
Board should indicate their intent in the Resolution.
Councilman Rocco questioned whether other counties were participating in the program,
and what impacts the exemption would have.
Assessor Briggs informed the Board that several counties participate in the Cold War
Veterans' Exemption, including Onondaga and Cayuga counties. Cortland County does not have
a high volume of veterans who served during the Cold War era. He recalled that in the past he
has only turned down three to five veterans who fell between the specific war dates. Therefore,
he did not believe the Town would lose a great deal of assessed value as a result of granting the
exemption. If the County adopted the Cold War exemption, the veteran would have a greater
savings.
Assessor Briggs added that since 1991, when the Persian Gulf War began, the period of
war has been left open to all veterans, which allows all veterans since 1991 to apply for the
Alternative Exemption.
The Board agreed that the Cold War Veterans' Exemption would be beneficial to
veterans not receiving the Alternative Exemption, and thanked Mr. McHugh and Assessor Briggs
for bringing the new legislation to their attention. The Board also urged the County Legislature
to look into the Cold War Veterans' Exemption as well. County Legislator, Susan Briggs
indicated that she would bring the exemption up to the Legislature.
RESOLUTION #33 SCHEDULE PUBLIC HEARING FOR LOCAL LAW OF 2010-
COLD WAR VETERANS' EXEMPTION FOR
FEBRUARY 17, 2010
Motion by Councilman Proud
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby schedule a Public Hearing regarding the
enactment of a Local Law of 2010 - Cold War Veterans' Exemption, to provide a Real Property
Tax Exemption in the maximum amount of $6,000 assessed value, to veterans who served on
active duty in the United States Armed Forces during the Cold War period, for February 17,
2010 at 5:00 p.m. at the Raymond G. Thorpe Municipal Building.
The monthly reports of the Town Clerk, Tax Collector, and Water & Sewer Dept. for the
month of January 2009 were on the table for review and are filed in the Town Clerk's office.
Town Clerk/Tax Collector Snyder reported that she collected approximately 77% of the
total tax warrant for 2010, totaling over $8,312,092.58.
Under communications, Supervisor Tupper read aloud a letter from town residents
Samantha and Duane Sprenger, thanking Water & Sewer Sup't. Peter Alteri for correcting a
water problem at their home on Sunday, January 31, 2010. The Sprengers thanked Sup't. Alteri
for being "thorough, thoughtful, and knowledgeable," and asked the Board to acknowledge him.
Also under communications, Supervisor Tupper apprised the Board they received a
thank -you card from McGraw High School Girls Soccer Coach, David Law, as well as the entire
2009 Girls Soccer Team, thanking the Board for acknowledging the girls' success.
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FEBRUARY 03, 2010 TOWN BOARD MEETING PAGE 3
RESOLUTION #34 ACKNOWLEDGE NOTIFICATION FROM THE STATE FOR
FILING OF LOCAL LAW NO. 3 OF 2009 AND
LOCAL LAW NO. 4 OF 2009
Motion by Councilman Proud
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the New York State Department of State acknowledged receipt of Local
Law No. 3 of 2009 — Zoning Amendment, and Local Law No. 4 of 2009 — Flood Damage
Prevention, both to be effective December 23, 2009.
Attorney Folmer reported:
Brockway Museum:
Attorney Folmer recalled the request made by Jamie Dangler at the December 16, 2009
Town Board Meeting, for funding assistance for the Homer Cortland Community Agency
(HCCA), Brockway Museum. HCCA was awarded a $300,000 Restore NY Grant for the
museum project, which it must spend first before getting reimbursed. Mrs. Dangler was going to
return to the Board after January lst with more information, which she had not. Attorney Folmer
contacted Mrs. Dangler to make sure the Town was not supposed to follow up, however she
directed him to speak with William Breidenger.
Supervisor Tupper apprised Attorney Folmer that Mr. Breidenger approached several
local banks for funding the project, and did not anticipate that HCCA would have to approach
the Board again.
McGraw Pedestrian Bridge:
Attorney Folmer reported on the situation with the pedestrian footbridge in the Village of
McGraw. The Board gave the Village a deadline of January 31, 2010 for a response regarding
the footbridge. However, after the January 20, 2010 Town Board Meeting, Attorney Folmer
approached each Board member and asked for an extension of the January 31St deadline to the
February 3`d meeting, due to extenuating circumstances.
Attorney Folmer received correspondence from the David Hartnett, Attorney for the
Village of McGraw. On behalf of the Village Board of Trustees, Attorney Hartnett thanked the
Board for "attention given to this complex issue." At the Board of Trustees meeting held
February 2, 2010, the Village Board "voted to take no further action relative to Mr. Tupper's
November 19, 2009 letter to Mayor Ross."
Attorney Folmer explained that the Village declined to provide the Town with an
indemnity agreement, and failed to add the Town to the Village's insurance. The Town no
longer needed a method by which the request to remove the bridge could be made. Attorney
Folmer recalled the reason the removal of the bridge arose was because the Town's insurance
carrier suggested that when claims are filed, there was a possibility that the situation could result
in a liability issue. Attorney Folmer questioned what the Board wanted to do with regard to the
bridge.
It was Councilman Rocco's opinion that the Village did not have an interest in having the
bridge, and should therefore be removed by the Town. The Town not only owns the bridge but
hold the liability. While he hoped the Village would have wanted to keep the bridge, the Village
made no effort to do so. He suggested the Town notify the public regarding removal of the
bridge, and post signs along the bank indicating that there is no longer access across.
Supervisor Tupper agreed with Councilman Rocco's interpretation of the Village's
response, as the Village knew the Town would remove the bridge.
Attorney Folmer made it clear that the Town owns the bridge, as villages cannot own
bridges. Only towns and counties can own bridges; the length of the bridge determines who
owns the bridge.
Councilman Testa questioned how many children utilize the bridge on a daily basis to
access the school. According to Village resident, Tim Neff, approximately six children utilize
the bridge. The Board discussed the alternate route that children would have to take if the bridge
is removed.
Councilman Leach questioned whether the Town's responsibility/liability would end with
removal of the bridge.
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FEBRUARY 03, 2010 TOWN BOARD MEETING PAGE 4
Attorney Folmer stated that under ordinary circumstances the Town's liability would end
with removal of the bridge.
After continued discussion, the Board agreed on the permanent removal of the bridge,
and storage of the bridge, if possible. Supervisor Tupper would instruct Highway Sup't. Bush of
the Board's decision.
RESOLUTION #35 AUTHORIZE PERMANENT REMOVAL OF THE
PEDESTRIAN FOOTBRIDGE ON E. ACADEMY STREET IN
THE VILLAGE OF MCGRAW
Motion by Councilman Rocco
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize and direct the Town Highway Sup't.
and, town Highway Department to permanently remove the pedestrian footbridge located at the
end of E. Academy Street in the Village of McGraw, and it is further
RESOLVED, the bridge shall be stored, if possible, at a later announced location.
RESOLUTION #36 REAPPOINT GREGORY ROBINSON TO THE BOARD OF
ASSESSMENT REVIEW
Motion by Councilman Testa
Seconded by Councilman Proud
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby reappoint Gregory Robinson, 938 Blue Creek
Road, Cortland, New York, to the Cortlandville Board of Assessment Review for a five-year
term commencing February 3, 2010 and expiring September 30, 2014.
Councilman Proud made a motion, seconded by Councilman Leach, to receive and file
correspondence from the United States Environmental Protection Agency, dated December 22,
2009, regarding the environmental review of the Finger Lakes East Business Park. All voting
aye, the motion was carried.
Councilman Proud made a motion, seconded by Councilman Rocco, to receive and file
correspondence from O'Brien & Gere, dated January 18, 2010, regarding the Finger Lakes East
Business Park, including the Storm Water Management Plan and Storm Water Pollution Plan
with responses to the Cortland County Soil & Water Conservation District regarding the
Business Park. All voting aye, the motion was carried.
RESOLUTION 437 AUTHORIZE TRANSFER OF MONIES TO BALANCE
ACCOUNTS FOR THE 2009 BUDGET
Motion by Councilman Rocco
Seconded by Councilman Leach
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Budget Officer is hereby authorized and directed to transfer monies to
adjust the accounts of the 2009 Budget for the Town of Cortlandville as follows:
1) GENERAL FUND A - TOWN WIDE: Transfer $41,386.90
FROM
TO
AMOUNT
Al110.4
A1110.1
$ 1,930.03
Al 110.4
A 1110.42
$ 740.21
A1990.4
A1330.4
$ 49.70
A1355.4
A1355.1
$ 1,499.50
A1355.4
A1355.41
$ 349.00
A1410.2
A1410.1
$ 1,356.38
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FEBRUARY 03, 2010
TOWN BOARD MEETING
PAGE 5
A1410.2
A 1990.4
A 1430.4
A1680.41
A 1680.41
A 1990.4
A7510.1
A 1990.4
A5132.4
A1410.4
A1430.1
A 1430.41
A 1680.2
A1680.4
A1680.4
A7510.4
A9060.8
A9060.8
TOTAL:
2) GENERAL FUND B - PART TOWN: Transfer $16,426.47
FROM
TO
B7110.44
B7310.4
B 1990.4
B8989.1
B7110.12
B8664.2
$ 37.96
$11,447.54
$ 273.17
$ 1,773.55
$ 2,586.65
$ 3,472.48
$ 893.43
$ 7,030.28
7,947.02
$41,386.90
AMOUNT
$ 0.23
$ 5,000.00
11 426.24
TOTAL: $16,426.47
3) DB - HIGHWAY FUND PART TOWN: Transfer $522.96
FROM
DB5130.4
TO
DB5130.2
4) SS - SEWER FUND: Transfer $15,298.02
FROM TO
SS8120.41 SS9710.7
SS8120.41 SS9950.9
5) SW - WATER FUND: Transfer $44,147.89
FROM
SW8340.41
S W8340.41
S W 8340.41
TO
SW8320.21
S W9710.7
S W9950.9
TOTAL:
TOTAL:
TOTAL
AMOUNT
522.96
$ 522.96
AMOUNT
$ 3,249.61
12 048.41
$15,298.02
/:]u [ 14KIfl 1'
$32,587.64
$ 3,529.80
8,030.45
$44,147.89
Councilman Proud made a motion, seconded by Councilman Rocco, to receive and file
correspondence from the NYS DEC, Bureau of Water Resource Management, received January
26, 2010, regarding reporting ground water withdraws, and forward to Water & Sewer Sup't.
Peter Alteri. All voting aye, the motion was carried.
RESOLUTION #38 SCHEDULE DATES TO OPEN AND AWARD THE
"REQUEST FOR PROPOSAL" FOR THE PROGRAM
DELIVERY AND ADMINISTRATIVE SERVICES OF THE
2009 ECONOMIC DEVELOPMENT COMMUNITY
DEVELOPMENT BLOCK GRANT (PYROTEK INC.)
Motion by Councilman Proud
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby schedule the date of February 16, 2010 at
12:00 p.m. for opening the "Request for Proposal" (RFP) for the Program Delivery and
Administrative Services of the 2009 Economic Development Community Development Block
Grant (Pyrotek Inc.), and it is further
RESOLVED, the RFP shall be awarded at the Regular Town Board Meeting on February 17,
2010 at 5:00 p.m.
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FEBRUARY 03, 2010 TOWN BOARD MEETING PAGE 6
RESOLUTION #39 AUTHORIZE APPROVAL REQUEST OF WILLIAM RENNUS
FOR THE 2008 HOME GRANT — SENIOR HOUSING
REHABILITATION PROGRAM
Motion by Councilman Proud
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize the approval request of William
Rennus, for property located at 3093 Route 11 in the Town of Cortlandville, for a 100% deferred
loan for the 2008 HOME Grant - Senior Housing Rehabilitation Program, and it is further
'RESOLVED, the work to be completed would include masonry, plumbing, heating, siding,
electric, and interior carpentry, for a total of $25,710.00.
Supervisor Tupper requested authorization to execute documents pertaining to the USDA
Rural Development Grant for the Route 13 Sewer Rehabilitation Project. He explained that the
"blanket resolution" would allow him to sign documents for the USDA, Thoma Development,
etcetera, without a two -week delay for Board approval. Attorney Folmer reviews all the
documents prior to the Supervisor signing. Attorney Folmer added that if/when the grant is
offered, the Board, by resolution, would have to accept the grant.
RESOLUTION 440 AUTHORIZE SUPERVISOR TO EXECUTE DOCUMENTS
NECESSARY FOR THE RURAL DEVELOPMENT GRANT
FOR THE ROUTE 13 SEWER REHABILITATION PROJECT
Motion by Councilman Proud
Seconded by Councilman Rocco
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to execute
documents necessary for the USDA Rural Development, Rural Utilities Service Grant for the
Route 13 Sewer Rehabilitation Project.
Councilman Rocco apprised the Board he received a phone call from Town resident, Mr.
Whiting, regarding flooding on Westmore Lane. Highway Sup't. Bush was aware of the
problem.
Councilman Testa made a motion, seconded by Councilman Leach, to receive and file
correspondence from Time Warner Cable, dated February 1, 2010 regarding agreements with
programmers to carry their services, the expiration of programmers, and the added, relocated,
dropped, or change in name for networks. All voting aye, the motion was carried.
Supervisor Tupper apprised the Board that on Monday, January 25, 2010 the City of
Cortland had a major sewer backup on Groton Avenue, however its sewer truck was not
working. Water & Sewer Sup't. Alteri helped the City by sending the Town's sewer truck and
some manpower to clean the City sewer out. Supervisor Tupper asked both Water & Sewer
Sup't. Alteri and Highway Sup't. Bush to keep track each time the Town shares services with
another municipality, and to report the incident to the Board.
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FEBRUARY 03, 2010 TOWN BOARD MEETING PAGE 7
No further comments or discussion were heard.
Councilman Testa made a motion, seconded by Councilman Leach, to adjourn the
Regular Meeting. All voting aye, the motion was carried.
The meeting was adjourned at 5:50 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 February 17, 2010.
The final version of this meeting was approved as written at the Town Board meeting of May 5, 2010.
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