HomeMy WebLinkAbout02-17-2010FEBRUARY 17, 2010
5:00 P.M.
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PUBLIC HEARING NO. 1
LOCAL LAW NO. 1 OF 2010
ENACT A VETERANS TAX EXEMPTION PURSUANT TO
SECTION 458-b OF THE REAL PROPERTY TAX LAW FOR
QUALIFIED RESIDENTS OF THE TOWN OF CORTLANDVILLE
A Public Hearing was held by the Town Board of the Town of Cortlandville at the
Raymond G. Thorpe Municipal Building, 3577 Terrace Road, Cortland, New York, concerning
the enactment of a Local Law to provide for a Cold War Exemption from Real Property Taxes,
for Veterans in the maximum amount of $6,000 assessed value, pursuant to Section 458-b of the
Real Property Tax Law.
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 Legislators, Susan Briggs and Eugene Waldbauer; Rhen
Waldbauer; and News Reporter Holden Slattery from the Cortland Standard.
Supervisor Tupper called the Public Hearing to order.
Town Clerk, Karen Q. Snyder read aloud the published, posted and filed legal notice.
Supervisor Tupper offered privilege of the floor to those in attendance.
Councilman Rocco commented that as a Veteran himself, he was thankful that town resident
Don McHugh informed the Board that the Cold War Veterans Exemption was available. He hoped
the County Legislature would adopt a local law authorizing the Veterans Exemption for County
taxes.
No further comments or discussion were heard.
The Public Hearing was closed at 5:05 p.m.
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FEBRUARY 17, 2010
5:05 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 Legislators, Susan Briggs and Eugene Waldbauer; Rhen
Waldbauer; and News Reporter Holden Slattery from the Cortland Standard.
Supervisor Tupper called the meeting to order.
Councilman Proud made a motion, seconded by Councilman Rocco, to receive and file the
Planning Board Minutes of September 29, 2009. All voting aye, the motion was carried.
Councilman Proud made a motion, seconded by Councilman Rocco, to receive and file
the Zoning Board of Appeals Minutes of September 29, 2009. All voting aye, the motion was
carried.
Councilman Proud made a motion, seconded by Councilman Rocco, to receive and file
the Zoning Board of Appeals Minutes of October 27, 2009. All voting aye, the motion was
carried.
The Draft Town Board Minutes of February 3, 2010 were presented to the Board for
review.
RESOLUTION #41 AUTHORIZE PAYMENT OF VOUCHERS - FEBRUARY
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 #86 - 117
$
23,113.47
General Fund B
B l l- B 16
$
1,007.92
Highway Fund DB
D39 - D51
$
62,433.99
Special Grants
C3 - C6
$
26,315.73
Water Fund
W31 - W42
$
12,006.46
Sewer Fund
S 14 - S24
$
4,212.08
Capital Project
H9 - H12
$
273.58
Supervisor Tupper offered privilege of the floor to those in attendance.
Councilman Rocco apprised the Board that he, Planning Board Member, Chris Newell,
and other committee members for the Cortland County wind farm, attended a meeting in
Canandaigua on February 16, 2010 regarding windmills. The meeting was well attended by
representatives around the State, including a representative from the Governor's office, and
representatives of Assemblymen and Senators.
Councilman Rocco informed the Board that a recommendation was made by the Cortland
County committee on windmills for a 3000' setback from property lines and dwellings to the
windmills. However, Councilman Rocco learned at the meeting that the World Health
Organization recommends 4250' from dwellings.
Councilman Rocco commented that the windmills proposed for Cortland County would
be the tallest in the State at a height of 700'. The Town would have to give a recommendation
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FEBRUARY 17, 2010 TOWN BOARD MEETING PAGE 2
with regard to the three windmills proposed in Cortlandville. He mentioned concerns that have
been discussed in the committee meetings, such as the windmills being constructed on the
landfill. Councilman Rocco anticipated that this was Phase I of the windmill project, with many
more phases to come.
RESOLUTION #42 ACCEPT ANNUAL REPORT OF THE SUPERVISOR
Motion by Councilman Proud
Seconded by Councilman Rocco
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Annual Report of the Supervisor for the year 2009 is hereby accepted
and shall be received and filed.
RESOLUTION #43 ACCEPT ANNUAL REPORT OF TOWN JUSTICE
Motion by Councilman Rocco
Seconded by Councilman Proud
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Annual Report of the Town Justice for the year 2009 is hereby accepted,
and shall be received and filed.
The monthly report of the Town Justice for the month of January 2010 was on the table
for review and is filed in the Town Clerk's office.
Supervisor Tupper apprised the Board he was notified by Water & Sewer Sup't. Peter
Alteri that employees from the Town Water & Sewer Dept. spent approximately 4 hours helping
the Village of McGraw with a water leak earlier in the week.
There was discussion regarding the proposed Local Law to enact a Veterans Tax
Exemption pursuant to Section 458-b of the Real Property Tax Law for qualified residents of the
Town of Cortlandville. Attorney Folmer explained that the Local Law would provide a Town
property tax exemption to veterans who served during the Cold War, and who make application
to the Town Assessor. The exemption would provide a maximum exemption of $6,000, with a
disabled veteran exemption calculated by a percentage outlined in Section 458-b of the Real
Property Tax Law. If adopted by the Board, the exemption would apply for the 2011 tax year.
Those who are eligible for the Veterans Exemption would have to make application by the
taxable status date of March 1, 2010 to the Town Assessor in order for it to apply to the 2011 tax
year. In order for the County to participate in the exemption, the County Legislature would have
to adopt a separate local law.
Members of the Board were in favor of adopting the local law to enact the Cold War
Veterans Exemption. Councilman Leach commented that while in favor of the local law, he
would abstain from voting due to the fact that a family member would benefit from the
exemption.
RESOLUTION #44 ADOPT LOCAL LAW NO. 1 OF 2010 TO ENACT A
VETERANS TAX EXEMPTION PURSUANT TO
SECTION 458-b OF THE REAL PROPERTY TAX LAW
FOR QUALIFIED RESIDENTS OF THE TOWN OF
CORTLANDVILLE
Motion by Councilman Proud
Seconded by Councilman Testa
VOTES: Supervisor Tupper
Aye
Councilman Testa
Aye
Councilman Rocco
Aye
Councilman Proud
Aye
Councilman Leach
Abstain
ADOPTED
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FEBRUARY 17, 2010 TOWN BOARD MEETING PAGE 3
WHEREAS, a resolution was duly adopted by the Town Board of the Town of Cortlandville for a
public hearing to be held by said Board to hear all interested parties on a proposed Local Law to
enact a Veterans Tax Exemption pursuant to Section 458-b of the Real Property Tax Law for
qualified residents of the Town of Cortlandville, and
WHEREAS, notice of said public hearing was duly published in the Cortland Standard, the official
newspaper of the said Town, and posted at the Raymond G. Thorpe Municipal Building, 3577
Terrace Road, Cortland, New York, as required by law, and
WHEREAS, said public hearing was duly held and all parties in attendance were permitted an
opportunity to speak on behalf of or in opposition to said proposed Local Law, or any part
thereof, and
WHEREAS, the Town Board of the Town of Cortlandville, after due deliberation, finds it in the
best interest of the Town to adopt said Local Law,
NOW, THEREFORE, the Town Board of the Town of Cortlandville hereby adopts said Local
Law as Local Law No. 1 of 2010, "Enact a Veterans Tax Exemption pursuant to Section 458-b
of the Real Property Tax Law for Qualified Residents of the Town of Cortlandville", a copy of
which is attached hereto and made a part hereof, and the Town Clerk is directed to enter said
Local Law in the minutes of this meeting and in the Local Law Book of the Town of
Cortlandville, and to give due notice of the adoption of said Local Law to the Secretary of State.
Be it enacted by the Town Board of the Town of Cortlandville as follows:
Section 1. Purpose and Authority: The purpose of this Local Law is to enact a veterans tax
exemption pursuant to Section 458-b of the Real Property Tax Law for qualified residents of the
Town of Cortlandville.
Section 2. Veterans Tax Exemption: Commencing January 1, 2010, the Town of Cortlandville
will allow eligible veterans who own real property within the Town to utilize the veterans tax
exemption pursuant to Section 458-b of the Real Property Tax Law at the exemption limits set
forth below. The first taxable status date that this Local Law will be applicable to is March 1,
2010.
Section 3. Dollar Limits of Exemption:
Veteran: 15% of assessed value to a maximum of $6,000
Disabled Veteran: Percentage of assessed value equal to '/z of service
connected disability rating to a maximum of $20,000
Section 4. Procedure: All qualified residents who desire to apply for said veterans tax
exemption shall follow the procedure set forth in Section 458-b of the Real Property Tax Law.
Section 5. Separability: If any part of this Local Law or the application thereof to any person or
circumstance be adjudged invalid by any Court of competent jurisdiction, such judgment shall be
confirmed in its operation to be part or provision or application directly involved in the
controversy in which such judgment shall have been rendered and shall not affect or impair the
validity of the remainder of this Local Law.
Section 6. Repeal: All Resolutions, Ordinances, Local Laws and parts thereof inconsistent with
this Local Law are herby repealed.
Section 7. Effective Date: This Local Law shall be effective upon filing with the Secretary of
State of the State of New York as required by law.
Town Clerk Snyder apprised the Board they received approval from the New York State
Department of Transportation to reduce the speed limit to 30 mph on Conable Avenue, Rural
Avenue, and East River Road in the Town of Cortlandville. The formal order authorizing the
new speed limits would follow.
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FEBRUARY 17, 2010 TOWN BOARD MEETING PAGE 4
Councilman Proud made a motion, seconded by Councilman Leach, to receive and file
correspondence from Diana L. Graser, PE, New York State Department of Transportation, dated
February 9, 2010, notifying the Town its request for a lower speed limit was found appropriate
on the entire length of Conable Avenue; the entire length of Rural Avenue; and East River Road
from Route 11 North (a distance of 0.35+/- miles). All voting aye, the motion was carried.
Councilman Proud made a motion, seconded by Councilman Rocco, to receive and file
correspondence from Bruench Inc. received February 8, 2010, regarding the renewal of the
liquor license for Doug's Fish Fry located at 3638 Route 281 in the Town of Cortlandville. All
voting aye, the motion was carried.
Councilman Proud made a motion, seconded by Councilman Rocco to receive and file
correspondence from Gary S. Wilcox, dated February 4, 2010, and the Renewal Application
Notice Form, dated February 4, 2010, regarding the renewal of the liquor license for the Snack
Shack at the Cortland Country Club, Inc. located at 4514 NYS Route 281 in the Town of
Cortlandville. All voting aye, the motion was carried.
Councilman Testa voiced his concerns regarding the speed limit on Starr Road near the
Ted Testa Park. The Board submitted a request in 2008 for a reduction in speed limit on Starr
Road, however the NYS DOT denied the request. Signs were installed indicating "children at
play" near the park, however the speed limit was still of great concern to the Board. Supervisor
Tupper suggested the Board submit another request to the NYS DOT.
Councilman Rocco suggested the Board submit the request directly to Carl Ford of the
NYS DOT to ensure that Mr. Ford receives all the supporting documentation. Councilman
Rocco recalled the Board's efforts to reduce the speed limit on McLean Road, and an incident in
which Mr. Ford did not receive the entire packet of supporting documentation.
Attorney Folmer apprised the Board the NYS DOT would not consider the request for a
reduction in speed limit without such request first going through the County Highway
Department for comment. He strongly recommended the Board not take any action that would
be construed as "going around" the County. He stated it would be unusual for the County to not
forward all the submitted documentation to the NYS DOT, however the Town could submit a
letter to the County requesting they forward all the information with the attachments.
Councilman Proud suggested that if the Board's concern was for the safety of the
children at the park, another option would be to install a flashing light/sign near the park to alert
motorists. The sign could be used when the park was open.
Councilman Testa requested Highway Sup't. Bush discuss the speed limit with County
Highway Sup't. Chambers. County Legislator Briggs stated she would follow up on the issue.
Town Clerk Snyder suggested the Board request a reduction in speed limit on Starr Road
between Page Green Road and NYS Route 215, to encompass the area specifically where the
Ted Testa Park is. The Board's last request for a reduction in speed limit was for the entire
length of Starr Road, from the intersection of NYS Route 13 to Page Green Road.
RESOLUTION #45 AUTHORIZE REQUEST TO REDUCE SPEED LIMIT ON
STARR ROAD BETWEEN NYS ROUTE 215 AND PAGE
GREEN ROAD IN THE TOWN OF CORTLANDVILLE
Motion by Councilman Proud
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
WHEREAS, as a result of the newly constructed Ted Testa Park, and a concern for the safety of
all those who utilize the Park, Councilman Testa requested a reduction in speed limit on Starr
Road from 40 mph to 30 mph, from the intersection of NYS Route 215 to Page Green Road, and
WHEREAS, Starr Road is a County road, therefore
BE IT RESOLVED, the Town Board does hereby authorize and direct the request to reduce the
speed limit on Starr Road to 30 mph, from the intersection of NYS Route 215 to Page Green
Road, be submitted to the NYS DOT for approval, via the Cortland County Highway
Superintendent for his input, as required.
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FEBRUARY 17, 2010
TOWN BOARD MEETING
PAGE 5
Attorney Folmer reported:
Certiorari Proceeding — Gator Cortlandville Partners:
Attorney Folmer apprised the Board that he and Assessor Briggs would participate in a
pre-trial conference on Friday, February 26, 2010, regarding the Gator Cortlandville Partners tax
certiorari proceeding (Cortlandville Crossing, NYS Route 281).
Councilman Proud made a motion, seconded by Councilman Rocco, to receive and file
correspondence from the Federal Emergency Management Agency, dated February 3, 2010,
regarding the "revalidated letters of map change" for three parcels in the Town of Cortlandville
(2 lots on Bell Drive owned by Wilcox; and 3871 US Route 11, owned by Dave Law/CNY
Power Sports). All voting aye, the motion was carried.
Councilman Proud made a motion, seconded by Councilman Testa, to receive and file
correspondence from the New York State Department of Environmental Conservation to Rich
DeGuida, Clough Harbour & Associates, dated February 4, 2010, regarding the Preliminary
Engineering Report for the NYS Route 13 Sewer Rehabilitation Project. All voting aye, the
motion was carried.
Councilman Rocco made a motion, seconded by Councilman Proud, to receive and file
correspondence from Rich DeGuida, Clough Harbour & Associates to Christina Chamberlain,
USDA, dated February 4, 2010, and the completed USDA — Rural Development requested
transaction screen questionnaire for the Polkville Waterline Extension Project. All voting aye,
the motion was carried.
RESOLUTION #46 AUTHORIZE SUPERVISOR TO SIGN THE OWNER -
OCCUPIED LOAN AGREEMENT AND AFFIDAVIT
BETWEEN THE TOWN AND WILLIAM M. RENNUS
FOR THE 2008 HOME GRANT SENIOR HOUSING
REHABILITATION PROGRAM
Motion by Councilman Rocco
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 William M.
Rennus, 3093 US Route 11, McGraw, New York, for a 100% deferred loan for the 2008 HOME
Grant - Senior Housing Rehabilitation Program in the amount of $25,710.60.
Councilman Proud made a motion, seconded by Councilman Rocco, to receive and file
correspondence from Mike Barylski, NYS DEC, Division of Environmental Permits, to Suit-Kote
Corporation, dated January 22, 2010, and the NYS DEC "Notice of Complete Application"
regarding the DEC permit for Polkville Crushed Stone. All voting aye, the motion was carried.
RESOLUTION #47 AWARD BID TO THOMA DEVELOPMENT FOR PROGRAM
DELIVERY AND ADMINISTRATIVE SERVICES FOR THE
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
IN THE AMOUNT OF $14,500 FOR PYROTEK, INC.
Motion by Councilman Rocco
Seconded by Councilman Proud
VOTES: ALL AYE ADOPTED
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FEBRUARY 17, 2010 TOWN BOARD MEETING PAGE 6
WHEREAS, a Request for Proposal was advertised for the program delivery and administrative
services for the 2009 Community Development Block Grant (CDBG) for Pyrotek, Inc., and
WHEREAS, sealed bids were opened by the Town Clerk on February 16, 2010 at 12:00 p.m. as
follows:
Thoma Development Consultants $14,500.00
34 Tompkins Street
Cortland, New York 13045
BE IT RES'OLVED, the bid as recommended by the Town Clerk is hereby awarded to Thoma
Development Consultants of Cortland, New York in the amount of $14,500.00.
Supervisor Tupper requested the Board adopt the Order for a Public Hearing to increase
and improve facilities of the Townwide Water District (Polkville). The Town adopted a bond
resolution for the increase and improvement of facilities at the August 17, 2009 Town Board
Meeting in the amount of $2,155,300, however the total amount of the project had since
increased to $2,430,000 which causes the bonding process to begin again.
RESOLUTION #48 ADOPT ORDER FOR A PUBLIC HEARING TO INCREASE
AND IMPROVE FACILITIES OF THE TOWNWIDE WATER
DISTRICT, IN THE TOWN OF CORTLANDVILLE, IN THE
COUNTY OF CORTLAND, NEW YORK, PURSUANT TO
SECTION 202-B OF THE TOWN LAW
Motion by Councilman Proud
Seconded by Councilman Testa
VOTES: Supervisor Tupper
Aye
Councilman Testa
Aye
Councilman Rocco
Aye
Councilman Proud
Aye
Councilman Leach
Aye
ADOPTED
WHEREAS, the Town Board of the Town of Cortlandville (herein called the "Town Board" and
the "Town", respectively), in the County of Cortland, New York, on behalf of the Townwide
Water District, in the Town (herein called the "District"), has caused an engineer duly licensed
by the State of New York (the "Engineer") to prepare a preliminary map and plan for the
increase and improvement of facilities of the District, consisting of a waterline extension to
Polkville along NYS Route 11 and Route 41, including ancillary work in connection therewith;
and pursuant to the direction of the Town, the Engineer has completed and filed with the Town
Board such map and plan for said increase and improvement of facilities of the District and has
estimated the total cost thereof to be $2,430,000; and
WHEREAS, the Town Board has given due consideration to the impact that the increase and
improvement of the facilities of the District may have on the environment and on the basis of
such consideration, the Town Board has found that no substantial adverse environmental impact
will be caused thereby; and
WHEREAS, the Town Board and the Town have complied in every respect with all applicable
federal, state and local laws and regulations regarding environmental matters, including
compliance with the New York State Environmental Quality Review Act, constituting Article 8
of the Environmental Conservation Law and, in connection therewith, the duly processed
negative declaration and/or other applicable documentation has been filed in the office of the
Town Clerk;
Now, therefore, be it
ORDERED, that a meeting of the Town Board of the Town be held at the Raymond G. Thorpe
Municipal Building, 3577 Terrace Road, Cortland, New York, on the 3rd day of March, 2010 at
5:00 o'clock P.M. (Prevailing Time) to consider said increase and improvement of facilities of
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FEBRUARY 17, 2010 TOWN BOARD MEETING PAGE 7
the District and to hear all persons interested in the subject thereof concerning the same and for
such other action on the part of the Town Board with relation thereto as may be required by law;
and be it,
FURTHER ORDERED, that the Town Clerk publish at least once in the "The Cortland
Standard," hereby designated as the official newspaper of the Town for such publication, and
post on the sign board of the Town maintained pursuant to subdivision 6 of Section 30 of the
Town Law, a Notice of such public hearing certified by said Town Clerk, the first publication
thereof and said posting to be not less than ten (10) nor more than twenty (20) days before the
date of such public hearing.
No further comments or discussion were heard.
The meeting was adjourned at 5:40 p.m.
Respectfully submitted,
4-J
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 March 3, 2010.
The final version of this meeting was approved as written at the Town Board meeting of MU 5, 2010.
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