Loading...
HomeMy WebLinkAbout03-17-2010q 5- 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. 46 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. q7 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. rom 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. y9 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. 50 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.