HomeMy WebLinkAbout04-28-2010APRIL 28, 2010 5:00 P.M.
TOWN BOARD MEETING
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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
Deputy Town Clerk, Kristin E. Rocco-Petrella
Absent:
Town Clerk, Karen Q. Snyder, RMC
Others present were: Town Attorney, John Folmer; Highway Sup't. Carl Bush; Stephen
Flatt; Barbara Leach; Chris and Bob Applegate; Ray Dunnigan; News Reporters: Holden Slattery
from the Cortland Standard, and Sharon Stevans for Channel 2, Access TV.
Supervisor Tupper called the meeting to order.
Councilman Proud made a motion, seconded by Councilman Rocco, to approve the Town
Board Minutes of November 18, 2009 as written. All voting aye, the motion was carried.
Councilman Proud made a motion, seconded by Councilman Rocco, to approve the Town
Board Minutes of December 2, 2009 as written. All voting aye, the motion was carried.
Councilman Proud made a motion, seconded by Councilman Rocco, to approve the Town
Board Minutes of December 16, 2009 as written. All voting aye, the motion was carried.
Councilman Proud made a motion, seconded by Councilman Leach, to receive and file
the Planning Board Minutes of January 26, 2010. All voting aye, the motion was carried.
The Draft Town Board Minutes of April 7, 2010 were presented to the Board for their
review.
RESOLUTION #74 AUTHORIZE PAYMENT OF VOUCHERS - APRIL
Motion by Councilman Testa
Seconded by Councilman Rocco
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the vouchers submitted have been audited and shall be paid as follows:
General Fund A
Vouchers #219 - 255
$113,419.12
General Fund B
B34 - B42
$
6,337.16
Highway Fund DB
D118 - D140
$
30,970.39
Trust & Agency
T11 - T13
$
23,437.90
Water Fund
W80 - W97
$
11,426.42
Sewer Fund
S45 - S48
$
2,239.10
Capital Project
H28 - H42
$
19,108.35
Supervisor Tupper offered privilege of the floor to Chris and Bob Applegate.
Chris and Bob Applegate, residents of the Town of Virgil, gave a 25-minute power point
presentation on gas drilling (hydrofracking) and its affects on the environment, communities, and
the public. Information was provided to the Board for their review.
Stephen Flatt requested privilege of the floor. Supervisor Tupper explained that the
Board would not be answering any questions or discussing hydrofracking at this time. Mr.
Flatt's request was therefore denied.
The monthly reports of the Supervisor and Town Justice for the month of March 2010 were
on the table for review and are filed in the Town Clerk's office.
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APRIL 28, 2010 TOWN BOARD MEETING PAGE 2
Under communications, Supervisor Tupper apprised the Board he received an
anonymous letter on April 19, 2010 from a concerned Town resident regarding the appearance of
several houses on Route 222, and the "junk" on private property. The letter was forwarded to the
Town Code Enforcement Officer.
Attorney Folmer Reported:
Cortlandville Cultural Gateway Project — Brockway Museum:
Attorney Folmer commented on the packet to be received and filed from Empire State
Development (ESD) in regard to the grant for the Cortlandville Cultural Gateway Project
(Brockway Museum, Central NY Living History Museum). The letter, dated March 29, 2010
requested a response within 30-days. Attorney Folmer contacted Meg Paskins, Project Manager
at ESD regarding the response, and received an extension of time to submit the required
information. Attorney Folmer hoped someone from the Museum would contact the Town to
accomplish the paperwork.
Supervisor Tupper apprised the Board that representatives from the Museum were
supposed to be in attendance tonight to discuss the project, which they were not.
Proposed Ordinance for the Town of Virgil:
Attorney Folmer apprised the Board he received a copy of a proposed ordinance for the
Town of Virgil from Attorney Pat Snyder, regarding the size of vehicles on local roads.
According to the proposed ordinance, "no vehicle can operate on a town road that exceeds the
standards set forth by the Vehicle and Traffic Law without obtaining a permit."
Moratorium — Commercial Wind Farm Facilities:
At the last Town Board Meeting, Attorney Folmer was asked to prepare a Moratorium on
the location of commercial wind farm facilities. Attorney Folmer presented the Board with a
proposed Local Law imposing a Moratorium for their review. He also had a copy of the Town
of Virgil's proposed windmill ordinance, as well as an article from the New York Zoning Law,
which he would make available to the Board upon request.
Attorney Folmer suggested the Board schedule a date for a public hearing to declare a
moratorium on the placement of commercial wind farm facilities between now and December
31, 2010, unless extended by resolution. Attorney Folmer also suggested the Town Planning
Board review the provisions for a windmill ordinance.
RESOLUTION #75 SCHEDULE PUBLIC HEARING FOR A LOCAL LAW
IMPOSING A MORATORIUM ON PLACEMENT OF
COMMERCIAL WIND FARM FACILITIES
Motion by Councilman Testa
Seconded by Councilman Proud
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, a Public Hearing shall be scheduled for May 19, 2010 at 5:00 p.m. for a
"Local Law Imposing a Moratorium on Placement of Commercial Wind Farm Facilities" until
December 31, 2010 in the Town of Cortlandville.
Moratorium - Hydrofracking:
Attorney Folmer apprised the Board he did not prepare a draft Local Law with regard to a
moratorium on hydrofracking, as he was not sure what could be regulated. The EPA for the
federal government, and the DEC have exempted the field with regard to regulations, and have
not yet promulgated their own regulations. Until regulations are established, it is not known
what local municipalities can and will be able to regulate. Therefore, drafting a moratorium is an
"impossible task because you don't know what it is to suspend." Attorney Folmer informed the
Board they could provide limits on roads. If requested, he would draft a Local Law regarding
roads.
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APRIL 28, 2010 TOWN BOARD MEETING PAGE 3
Supervisor Tupper commented that the Town already has one of the best aquifer
protection laws. Regulating vehicle limits on roads may be one of the only options the EPA and
DEC have not taken away.
Councilman Proud questioned whether noise and odor could be regulated. Supervisor
Tupper noted that the EPA and DEC have exempted noise and odor.
Attorney Folmer mentioned that the DEC has exempted the Onondaga County watershed
and the Catskill Mountain watershed from hyrdrofracking. Exempt does not mean to bar, but
very strict regulations; it may not be possible to drill in those areas. As pointed out in a Cortland
Standard editorial, if the two areas can be exempted, why can't the Town, with a sole source
aquifer that provides water for '/2 of the County, obtain a similar exemption? Attorney Folmer
intended to research the process by which the Town could obtain such an exemption.
Supervisor Tupper suggested Attorney Folmer contact City of Cortland Attorney, Ron
Walsh to combine efforts.
Councilman Rocco stated that in all of his years as a member of the Board, he has never
been more proud of the Board than he was today for their support on the moratorium.
Attorney Folmer commented on the function of the County Wind Regulation Committee.
As Mr. Dineen indicated in his letter to the Board, the Committee was responding to the
application of TCI. Since TCI had not submitted any more information on the project, the
Committee was not taking any further action. Therefore, the Committee did not intend to
provide municipalities with a set of regulations for wind farms.
Councilman Proud made a motion, seconded by Councilman Leach, to receive and file
correspondence from Daniel Dineen, Director of the Cortland County Planning Department,
dated April 1, 2010, regarding the Wind Regulation Committee established to draft commercial
wind regulations in response to the proposed commercial wind operation submitted by TCI in the
Towns of Cortlandville, Homer, Solon, and Truxton. All voting aye, the motion was carried.
Councilman Proud made a motion, seconded by Councilman Rocco, to receive and file
correspondence from the New York State Department of Environmental Conservation, received
April 2, 2010, notifying the Town that the DEC Division of Environmental Permits received the
application for the Polkville Waterline Extension. All voting aye, the motion was carried.
RESOLUTION #76 AUTHORIZE SUPERVISOR TO SIGN PROPOSAL FROM
THOMA DEVELOPMENT CONSULTANTS TO PROVIDE
FISCAL ADVISOR SERVICES RELATING TO THE
POLKVILLE WATERLINE EXTENSION 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 sign the
proposal from Thoma Development Consultants to provide fiscal advisor services in relation to
the Rural Development grant/loan for the construction of the new water lines in the Polkville
area, in an amount not to exceed $5,000.
Councilman Proud made a motion, seconded by Councilman Rocco, to receive and file
correspondence from Rich DeGuida, Clough Harbour & Associates, to John Helgren, Cortland
County Health Department, dated April 21, 2010, regarding responses to the Health Department
review comments on plans and specifications for the Polkville Waterline Extension Project. All
voting aye the motion was carried.
Councilman Rocco made a motion, seconded by Councilman Testa, to receive and file
correspondence from Thoma Development Consultants, dated April 26, 2010, and the Draft and
Final Archeological Survey completed by Birchwood Archeological Services regarding the
Polkville Waterline Extension Project. All voting aye the motion was carried.
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APRIL 28, 2010 TOWN BOARD MEETING PAGE 4
As the former Town Historian, Councilman Rocco commented on one of the reasons the
Onondaga Nation had interest in the Polkville Waterline Extension Project. In the area
surrounding the Ramada Inn (formerly Holiday Inn) in the City of Cortland there used to be an
Indian Village and a trading post. During the construction of the hotel and the surrounding areas,
all artifacts were removed from the site and sent to Albany for safe keeping. Sadly, the artifacts
were later destroyed in a fire. The Onondaga Nation therefore has an interest in
obtaining/preserving any artifacts.
Councilman Leach made a motion, seconded by Councilman Proud, to receive and file
correspondence from Heather Cobb, Director of the Lamont Memorial Free Library, dated April
9, 2010, inviting Members of the Board, the Town Clerk, and Town Attorney, to a reception at
the Library on Wednesday, May 5, 2010. All voting aye, the motion was carried.,
Supervisor Tupper discussed the correspondence from Empire State Development, which
Attorney Folmer discussed earlier in the meeting. ESD granted a 10-day extension to respond to
the correspondence, and to submit all of the required documentation, including a check for
reimbursement for out-of-pocket expenses. Supervisor Tupper was told that Bill Breidinger
would attend tonight's meeting to discuss the paperwork, however he did not. Supervisor
Tupper would have his secretary contact Mr. Breidinger again.
Councilman Testa made a motion, seconded by Councilman Proud, to receive and file
correspondence from Empire State Development, dated March 29, 2010, regarding the
Cortlandville Cultural Gateway Project (Brockway Museum, Central NY Living History
Museum) and the Grant Disbursement Agreements for the project. All voting aye, the motion
was carried.
Councilman Proud made a motion, seconded by Councilman Leach, 'to receive and file
correspondence from Angie Wyatt, Cortland County Self -Insurance Fund, dated April 12, 2010,
regarding new requirements for reporting/filing Workers' Compensation with the County. All
voting aye, the motion was carried.
Supervisor Tupper explained that the new requirements would be explained at the next
Town department head meeting.
Councilman Rocco stepped out of the meeting at 5:50 p.m.
There was discussion regarding the NYS Route 13 Sewer Rehabilitation Project and
correspondence from the USDA and Clough Harbour & Associates. Councilman Proud pointed
out the significant difference between the cost of the project as indicated in the USDA's review
of the Preliminary Engineering Report, and the amount of the project listed on Form E, dated
April 20, 2010. Attorney Folmer and Supervisor Tupper would discuss the dollar amount with
Rich DeGuida to make sure the total project cost, as indicated on Form E, was correct.
Councilman Proud made a motion, seconded by Councilman Leach, to receive and file
correspondence from Christina Chamberlain, USDA Rural Development, dated April 13, 2010,
including the review of the Preliminary Engineering Report for the NYS Route 13 Sewer
Rehabilitation Project. All voting aye, the motion was carried.
Councilman Proud made a motion, seconded by Councilman Leach, to receive and file
correspondence from Rich DeGuida, Clough Harbour & Associates, to the USDA Rural
Development, dated April 21, 2010, regarding the Town's response to the USDA's review
comments, dated April 7, 2010, on the Preliminary Engineering Report for the NYS Route 13
Sewer Rehabilitation Project. All voting aye the motion was carried.
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APRIL 28, 2010 TOWN BOARD MEETING PAGE 5
RESOLUTION #77 ACCEPT REVISED FORM E — RURAL DEVELOPMENT
PROJECT BUDGET/COST CERTIFICATION FOR THE
NYS ROUTE 13 SEWER REHABILITATION PROJECT
Motion by Councilman Proud
Seconded by Councilman Leach
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the revised Form E — Rural Development Project Budget/Cost Certification,
dated April 20, 2010, decreasing the total project cost of the NYS Route 13 Sewer Rehabilitation
Project to $4,161,112.00, is hereby accepted and shall be received and filed.
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
April 15, 2010, acknowledging the Town's request for lower speed limits on 11 designated
roads; the 2001 official order and map establishing an area speed limit of 30 MPH that covers 8
of the requested roads; and notifying the Town that a formal investigation will be conducted on
Bell Drive, Homer/Maryland Avenue, and Old Route 11. All voting aye, the motion was carried.
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
April 8, 2010, acknowledging the Town's request for a lower speed limit on Starr Road, between
Route 215 and Page Green Road. All voting aye the motion was carried.
Councilman Proud made a motion, seconded by Councilman Testa, to receive and file
correspondence from Senator James L. Seward, dated April 15, 2010, regarding the Town Board
. Resolution concerning the recycling of electronic wastes, and support for the safe recycling of
electronics. All voting aye the motion was carried.
Councilman Proud made a motion, seconded by Councilman Testa, to receive and file
correspondence from Assemblywoman Barbara S. Lifton, 1251h District, dated April 20, 2010,
regarding the Town Board Resolution concerning the recycling of electronic wastes, and support
for the safe recycling of electronics. All voting aye the motion was carried.
Councilman Rocco returned to the meeting at 5:55 p.m.
Councilman Leach made a motion, seconded by Councilman Proud, to receive and file
correspondence from Village of McGraw Mayor Pamela Ross, dated April 15, 2010, supporting
the Town's application for the 2010 Community Development Block Grant funds for housing
rehabilitation, and thanking the Town for including the Village of McGraw in its application.
All voting aye, the motion was carried.
Supervisor Tupper could not recall whether the 2010 CDBG application would include
eligible households in the Village of McGraw, and would therefore contact Thoma Development
to inquire.
RESOLUTION #78 AUTHORIZE SUPERVISOR TO SIGN THE AFFIDAVIT
REGARDING THE 2008 HOME GRANT - SENIOR HOUSING
REHABILITATION PROGRAM, BETWEEN THE TOWN AND
RUTH L. INGRAHM
Motion by Councilman Testa
Seconded by Councilman Rocco
VOTES: ALL AYE ADOPTED
APRIL 28, 2010 TOWN BOARD MEETING PAGE 6
BE IT RESOLVED, the Town Board does hereby authorize the Supervisor to sign the Affidavit
regarding the 2008 Home Grant — Senior Housing Rehabilitation Program, between the Town of
Cortlandville and Ruth L. Ingrahm, 1372 East River Road, Cortland, New York, regarding the
extension of loan funds by the Town's Community Development Program in the amount of
$3,190.00.
RESOLUTION #79 AUTHORIZE HIGHWAY SUP'T. TO PURCHASE TWO NEW
MOWERS AND EQUIPMENT FROM THE STATE BID LIST
FOR THE TOTAL COST OF $28 790
Motion by Councilman Leach
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize and. direct the Highway Sup't. to
purchase the following tractors and equipment, for a total amount not to exceed $28,790, in order
to comply with the new OSHA requirement that tractors/mowers have rollover protection:
- Two (2) Kubota BX2360 tractors with mowers, 60" mid -mount and turf tires,
hydrostatic, 4WD ($9,559 each)
- Two (2) Kubota front loader with grill guard ($2,698 each)
- One (1) Kubota 50" front snowblower with hydrolic lift & chute rotation ($3,796)
- Two (2) State Bid delivery charges/set-up charges ($480)
AND IT IS FURTHER, RESOLVED, the new tractors will replace one 1998 John Deere 425
mower, and one 1995 Cub Cadet, that will be sold at auction.
Supervisor Tupper noted the list of email addresses for Town officials included in the
Board's agenda packets. He asked that they review the list and inform his secretary of any
changes. Patty would distribute a final list to the officials.
No further comments or discussion were heard.
Councilman Proud made a motion, seconded by Councilman Testa, to adjourn the
Regular Meeting. All voting aye, the motion was carried.
The meeting was adjourned at 6:01 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 May 19, 2010.