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MARCH 17, 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 L. 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
Historian, Jeff Guido; Barbara Leach; and News Reporter Holden Slattery from the Cortland
Standard.
Supervisor Tupper called the meeting to order.
Councilman Rocco made a motion, seconded by Councilman Testa, to receive and file
the Draft Town Board Minutes of March 3, 2010. All voting aye, the motion was carried.
RESOLUTION #58 AUTHORIZE SUPERVISOR TO SIGN PURCHASE ORDER
Motion by Councilman Proud
Seconded by Councilman Leach
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to sign
Purchase Order 41107 submitted by Highway Sup't. Bush, to purchase a John Deere
Aerator/Plugger to be used for the Town's parks, in the amount of $2,700.
RESOLUTION 459 AUTHORIZE PAYMENT OF VOUCHERS - MARCH
Motion by Councilman Rocco
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 #147 - 171
$ 85,907.02
General Fund B
B22 - B24
$ 508.83
Highway Fund DB
D70 - D96
$ 37,437.78
Special Grants
C11 - C17
$ 26,378.92
Water Fund
W55 - W65
$ 9,708.59
Sewer Fund
S33 - S37
$ 72,251.99
Capital Project
H15 - H18
$ 194.73
Supervisor Tupper offered privilege of the floor to the newly
appointed Town Historian,
Town Historian, Jeff Guido thanked the Board for the opportunity
to serve the public as
Town Historian. He was
excited to get started and planned to
start by sorting through the
records, and cleaning the office located at the Highway Department.
The monthly report of the Town Justice for the month of February 2010 was on the table
for review and is filed in the Town Clerk's office.
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MARCH 17, 2010 TOWN BOARD MEETING PAGE 2
Under communications, Supervisor Tupper apprised the Board he received a report from
Assessor Briggs regarding the new Veterans Exemption under Section 458-b of the Real
Property Tax Law, which provides a property tax exemption for Cold War Veterans. Assessor
Briggs reported that he received 30 new applications for the new exemption, as well as 15 new
applications for the Alternative Veterans Exemption, by the March I" deadline.
Councilman Rocco thanked the Cortland Standard for writing an article on the new
exemption, which was one of the only ways the residents of Cortlandville became aware of the
new exemption.
Supervisor Tupper also reported that County Legislator, Susan Briggs was working with
Bill Cinquanti, Director of the County Real Property Tax Services, and Carl Bullock, Director of
the County Veterans Administration. He hoped other municipalities would look into adopting
the new veterans exemption.
Supervisor Tupper apprised the Board he received a request from the Cortlandville Fire
District to waive the building permit fees for the Fire Station 42 building project. In the past, the
Board determined that the Cortlandville Fire District is a government agency that may be exempt
from permit fees without setting precedent.
RESOLUTION #60 AUTHORIZE WAIVING THE BUILDING PERMIT
APPLICATION FEE FOR THE CORTLANDVILLE FIRE
DISTRICT — FIRE STATION #2 BUILDING PROJECT
Motion by Councilman Testa
Seconded by Councilman Leach
VOTES: ALL AYE ADOPTED
WHEREAS, the Cortlandville Fire District requested the Town Board waive the Building Permit
application fee for the Fire District's upcoming Fire Station #2 building project, and
WHEREAS, the Board determined the Cortlandville Fire District to be a government agency that
may be exempt from permit application fees without setting precedent, therefore
BE IT RESOLVED, the Town Board does hereby authorize waiving all Building Permit
application fees pertaining to the Fire District's upcoming Fire Station #2 building project,
located on 3757 Route 11 in the Town of Cortlandville.
Supervisor Tupper reported that a mandatory training session for Town employees
(including appointed/elected officials) would be held Tuesday morning, March 23, 2010,
regarding an emergency action plan/incidental blood borne pathogens, and hazardous
communication for chemical awareness.
RESOLUTION #61 ACKNOWLEDGE NOTIFICATION FROM THE STATE FOR
FILING OF LOCAL LAW NO. 1 OF 2010
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. 1 of 2010 — Cold War Veterans Tax Exemption, to be effective March 3, 2010.
Attorney Folmer Reported:
Windmill Law/Rural Protection Law:
Attorney Folmer apprised the Board he was in contact with Attorney Pat Snyder, Town
of Virgil, who reported that the Virgil Town Board adopted a Windmill Law and a Rural
Protection Law. Attorney Snyder would forward copies of the documents to Attorney Folmer
per his request.
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MARCH 17, 2010 TOWN BOARD MEETING PAGE 3
Terrace Road Well Rehabilitation Project:
Attorney Folmer apprised the Board the closing for the Terrace Road Well Rehabilitation
Project would be held March 30, 2010. Bond Counsel would send the necessary closing
documents to Attorney Folmer.
Publicity Fund:
Attorney Folmer apprised the Board he looked into the question of whether or not it was
possible for the Town to underwrite the cost of televised meetings. According to §64-13 of
Town Law, the Board may establish a publicity fund that cannot exceed $3,000 unless the Board
goes through permissive referendum. Establishing the fund could be done by resolution.
Disposition of Town Property:
Attorney Folmer apprised the Board that according to §64-2a of Town Law the Board
may take, purchase, sell and dispose of surplus property as the purposes of the Town may
require.
Supervisor Tupper explained that the Town replaced two, 7-year old photocopiers with
two new leased photocopiers. Supervisor Tupper made arrangements to give one of the
photocopiers to the McGraw Fire Department at no charge, since the photocopiers were
considered surplus property of no value. The second machine had not yet been donated.
There was discussion regarding windmills and a windmill ordinance for the Town.
Councilman Rocco apprised the Board he spoke with Planning Board Chair, Kathy Wickwire
concerning an ordinance for the Town. He suggested the Town adopt its own ordinance to
regulate windmills within the Town, and felt it was important that each application for a
windmill go before the Town Planning Board. Councilman Rocco did not anticipate the County
would adopt an ordinance that each municipality would want to adopt. As an example, he noted
that the advisory committee on windmills established a 3000 ft. guideline from a home to a
windmill, however not all municipalities would agree with or accept the 3000 ft. guideline. For
example, Truxton felt the 3000 ft. distance was too far, while other municipalities felt the 3000
ft. guideline was not far enough. Also, the State of Vermont came up with a law establishing a
distance of 1-1/3 mile from each home to a windmill. Councilman Rocco was concerned that the
Town have a law in place to protect itself before windmills start being constructed. Currently the
Town has regulations for construction of windmills near residences.
Councilman Testa questioned whether the Town should contact similar municipalities,
such as the Town of Dewitt, to request a copy of their windmill ordinances for review.
Supervisor Tupper commented that the NYS DEC is working on regulations for
windmills and fracking.
Attorney Folmer apprised the Board that a member of the Virgil Town Board drafted its
windmill ordinance. He would contact the Virgil Town Clerk and provide copies of the
ordinance to the Board for review. He suggested that the Town Planning Board would be the
appropriate body to review applications for windmills.
There was discussion regarding the request made by Andrew Porter, General Manager of
Indacom Place (former SCM building) on Route 13, to forgive the sewer portion of the water and
sewer bill, and to reduce the cost of the water consumption for the 1" Quarter Billing 2010.
Indacom Place experienced a "massive water main break" that went undetected for as many as 3
weeks until located by Water & Sewer Sup't. Alteri.
Supervisor Tupper explained that 3,937,000 gallons of water was lost during the water
main break. Town Clerk Snyder computed the average consumption for Indacom Place, which
would be 568,000 gallons. While the sewer charge could be adjusted, Supervisor Tupper
explained that the water charge should not be adjusted because the water was lost.
Town Clerk Snyder explained that the water main break was discovered by Water &
Sewer Sup't. Alteri during meter readings, and was repaired by Indacom Place as quickly as
possible. She explained that the meter readings for the 1" Quarter billing had not yet been billed,
which would allow for an adjustment to be made to the account rather than a refund.
After discussion the Board agreed to adjust the sewer portion of the bill based on 568,000
gallons of an actual reading from 12/28/2009 of 3,937,000 to 3/2/2010 of 4,505,000.
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MARCH 17, 2010 TOWN BOARD MEETING PAGE 4
RESOLUTION #62 AUTHORIZE TOWN CLERK TO ADJUST SEWER CHARGES
FOR 11T QUARTER BILLING OF INDACOM
PLACE LOCATED AT 839 ROUTE 13
Motion by Councilman Proud
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
WHEREAS, a request was received from Andrew T. Porter, General Manager of Indacom Place,
to reduce the sewer portion of the Ist Quarter Billing to an average charge due to a massive water
main break, and
WHEREAS, due to the water main break, water was not measured through the sewer lines,
therefore
BE IT RESOLVED, the Town Clerk is hereby authorized and directed to adjust the sewer
charges for the 1st Quarter Billing of Indacom Place, 839 Route 13, from 4,505,000 gallons to an
actual reading of 568,000 gallons, an adjustment of $11,811.00 to the sewer bill.
RESOLUTION #63 AUTHORIZE SUPERVISOR TO SIGN THE COLLATERAL
PLEDGE AND CONTROL AGREEMENT BETWEEN THE
TOWN OF CORTLANDVILLE, FIRST NIAGARA BANK,
AND JP MORGAN CHASE BANK
Motion by Councilman Testa
Seconded by Councilman Leach
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to sign the
Collateral Pledge and Control Agreement, Collateral for Public Deposits, between the Town of
Cortlandville, First Niagara Bank, and JP Morgan Chase Bank.
Councilman Proud made a motion, seconded by Councilman Rocco, to receive and file
correspondence from the NYS Dormitory Authority, dated March 8, 2010, including the
Dormitory Authority's State Environmental Quality Review (SEQR) Findings Statement for the
Cortland County IDA Finger Lakes East Business Park Project. All voting aye, the motion was
carried.
Councilman Rocco made a motion, seconded by Councilman Leach, to receive and file
correspondence from Michael Barylski, New York State Department of Conservation, dated
March 9, 2010, regarding the Polkville Waterline Extension Project, and the necessary DEC
permit(s) needed prior to the commencement of the proposed expansion. All voting aye, the
motion was carried.
Councilman Proud made a motion, seconded by Councilman Leach, to receive and file
correspondence from Michael Barylski, New York State Department of Conservation, dated
March 9, 2010, to Ray Cross, Empire AgriFuel, LLC, notifying him that the DEC has
"Discontinued" the permit for Empire AgriFuel pursuant to his request. 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 Office of Community Renewal, dated March 9, 2010,
regarding Pyrotek, Inc. and the Concurrence of Determination of Categorical Exclusion under 24
CFR 58.35 (a). All voting aye, the motion was carried.
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MARCH 17, 2010 TOWN BOARD MEETING PAGE 5
Councilman Proud made a motion, seconded by Councilman Leach, to receive and file
correspondence from Menter, Rudin & Trivelpiece Counselors at Law, dated March 10, 2010,
regarding the Cortland County Industrial Development Agency's intent to deviate from the
Uniform Tax Exemption Policy in relation to the PILOT Agreement of Pyrotek Inc. All voting
aye, the motion was carried.
Councilman Rocco made a motion, seconded by Councilman Testa, to receive and file
the Preliminary Engineering Report for the NYS Route 13 Sewer Rehabilitation Project prepared
by Clough Harbour & Associates, dated September 2009, with the approval stamp of the New
York State Department of Environmental Conservation, dated February 4, 2010. All voting aye,
the motion was carried.
There was discussion regarding correspondence from the Franziska Racker Center and a
proposed site for a community residence for people with developmental disabilities in the Town
of Cortlandville. The proposed community residence would address ongoing respite needs of
individuals with developmental disabilities, and would make available short-term quality living
arrangements for no more than 5 individuals at one time.
Similar to the community residences of Madison Cortland ARC, Attorney Folmer
suggested the Board invite the public and representatives of the Franziska Racker Center to
discuss the proposed community residence and to answer any questions or concerns the public
may have.
Councilman Proud made a motion, seconded by Councilman Testa, to receive and file
correspondence from the Franziska Racker Centers, dated March 10, 2010, regarding its interest
and intent to develop and operate a community residence for people with developmental
disabilities for property located on Starr Road, tax map #96.10-01-35.000. All voting aye, the
motion was carried.
RESOLUTION #64 SCHEDULE AN INFORMATIONAL MEETING REGARDING
THE PROPOSED SITE FOR A COMMUNITY RESIDENCE ON
STARR ROAD BY FRANZISKA RACKER CENTERS
Motion by Councilman Proud
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, an Informational Meeting shall be scheduled for April 7, 2010 at 5:00 p.m.
regarding the Franziska Racker Centers' interest and intent to develop and operate a community
residence for people with developmental disabilities, for property located on Starr Road, tax map
#96.10-01-35.000.
Councilman Proud made a motion, seconded by Councilman Leach, to receive and file
correspondence from the USDA, dated March 15, 2010, regarding the "Preliminary Notice of
Potential Conversion of Areas of Archeological Sensitivity and Land with an Agricultural
District" for the Polkville Waterline Extension Project. All voting aye, the motion was carried.
There was discussion regarding Highway Sup't. Bush's report on roads within the Town
that do not have posted speed limits. Supervisor Tupper recalled that in August 2009
Councilman Proud requested Highway Sup't. conduct a review of all roads within the Town that
do not have posted speed limits; particularly the residential roads. Highway Sup't completed his
review and provided a list of the Town roads that do not have a posted speed limit.
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MARCH 17, 2010 TOWN BOARD MEETING PAGE 6
RESOLUTION #65 AUTHORIZE REQUEST TO REDUCE SPEED LIMIT ON
DESIGNATED TOWN ROADS
Motion by Councilman Proud
Seconded by Councilman Leach
VOTES: ALL AYE ADOPTED
WHEREAS, the Town Board requested Highway Sup't. Bush review all roads within the Town
of Cortlandville that do not have posted speed limits to determine whether a posted speed limit
was prudent, and
WHEREAS, Highway Sup't. Bush conducted his review and provided a list and a map of the
roads within the Town that do not have posted speed limits, which are located in residential
neighborhoods without sidewalks, therefore
BE IT RESOLVED, the Town Board does hereby authorize and direct the following requests for
a reduction in speed limit be submitted to the NYS DOT for approval, via the Cortland County
Highway Superintendent for input, as required:
1) Reduce the speed limit on the entire lengths of the following dead-end, residential
streets to no greater than 30 MPH: Allen Drive; Bell Drive; Kingsley Avenue; N.
Homer Avenue/Maryland Avenue; Old Route 11; Homestead Avenue; Halstead
Road;
2) Reduce the speed limit on the entire length of Terrace Road, from the intersection of
Route 13 to McLean Road, to no greater than 30 MPH;
3) Reduce the speed limit on the entire length of Pleasant View Drive, from the
intersection of Route 13 to McLean Road, to no greater than 30 MPH;
4) Reduce the speed limit on the entire length of Munson Avenue, from the intersection
of Route 13 to McLean Road, to no greater than 30 MPH;
5) Reduce the speed limit on the entire length of Fairfield Drive, from the intersection of
Route 13 to Halstead Road, to no greater than 30 MPH.
Supervisor Tupper acknowledged Town employee, Val Schmidt, Clerk of the Assessor's
Office, for her hard work over the past week. Not only was Ms. Schmidt working hard to
prepare for the revaluation of the Town's property assessments, she was also covering the
Bookkeeper's office during her absence. The Board thanked Ms. Schmidt for her dedication.
No further comments or discussion were heard.
Councilman Leach made a motion, seconded by Councilman Proud, to adjourn the
Regular Meeting. All voting aye, the motion was carried.
The meeting was adjourned at 5:45 p.m.
Res ectfully 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 April 7, 2010.
The final version of this meeting was approved as written at the Town Board meeting of June 16, 2010.