HomeMy WebLinkAbout07-07-2010JULY 7, 2010
5:00 P.M.
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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 C. Tupper
Councilman, Theodore V. Testa
Councilman, Ronal L. Rocco
Councilman, John C. Proud
Councilman, Gregory K. Leach
Deputy Town Clerk, Kristin Rocco-Petrella
Absent:
Town Clerk, Karen Q. Snyder, RMC
Others present were: Town Attorney, John Folmer; Town Highway Sup't. Carl Bush;
Town Historian, Jeff Guido; Kevin Whitney, Cortlandville Fire District; Representatives for
Wal-Mart Supercenter: Attorney, Kelly Pronti, Harter Secrest & Emery, and Todd Markevicz,
APD Engineering; Cortland County Highway Sup't. Donald Chambers; Cortland County
Administrator, Martin Murphy; Stephen Jordan; 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 Leach, to receive and file
the Cortlandville Planning Board Minutes of April 27, 2010 and May 25, 2010. All voting aye,
the motion was carried.
Councilman Proud made a motion, seconded by Councilman Leach, to receive and file
the Cortlandville Zoning Board of Appeals Minutes of April 27, 2010 and May 25, 2010. All
voting aye, the motion was carried.
The Draft Town Board Minutes of June 16, 2010 were presented to the Board for their
review.
RESOLUTION #111 AUTHORIZE SUPERVISOR TO SIGN
PURCHASE ORDER #0104
Motion by Councilman Proud
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to sign
Purchase Order #0104 submitted by Town Clerk, Karen Q. Snyder, RMC to update the Town
Code Book, as prepared by General Code Publishers, for the total cost of $4,505.50.
RESOLUTION #112 AUTHORIZE SUPERVISOR TO SIGN
PURCHASE ORDER #0106
Motion by Councilman Proud
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to sign
Purchase Order #0106 submitted by Town Engineer, Hayne Smith for the labor and materials for
electrical work at the Terrace Road Well, 480 volt service, to be completed by Old Stage
Electric, for the total cost of $6,443.17.
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JULY 7, 2010 TOWN BOARD MEETING PAGE 2
RESOLUTION #113 AUTHORIZE PAYMENT OF VOUCHERS - JULY
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 #361 - 383
$
30,521.59
General Fund B
B70 - B82
$
9,284.15
Highway Fund DB
D242 - D259
$
18,592.19
Trust & Agency
T17 - T19
$
23,447.20
Water Fund
W140 - W150
$
2,294.88
Sewer Fund
S72 - S73
$
1,446.58
Capital Project
H86 - H93
$
4,249.09
Supervisor Tupper offered privilege of the floor to the Jeff Guido.
Jeff Guido, Town Historian reported on his activities since he was appointed to office.
He informed the Board he was researching the history of farming in the Town utilizing the 1855
census. He contacted Dick Osbeck of Osbeck Farm and would be taking a tour of the farm. He
has already taken photos to document the changes from farmland to the new business park. Mr.
Guido was also documenting the construction and progress of the Wal-Mart Supercenter, by
taking photos. He attended the opening day of Little League at Ted Testa Park and took photos
of the event; Deputy Supervisor Testa also attended the event.
Mr. Guido informed the Board he was helping a family with research on an ancestor,
which included a trip to the cemetery on Route 13 to locate the grave marker.
In future months, he would work on compiling the history of the Cortlandville Fire
Department with the help of Kevin Whitney.
Mr. Guido planned to attend one Town Board meeting per month to report to the Board.
Supervisor Tupper offered privilege of the floor to Attorney Kelly Pronti and Todd
Markevicz, who were in attendance on behalf of the Wal-Mart Supercenter.
Attorney Kelly Pronti, Harter Secrest & Emery LLP, apprised the Board she was in
attendance to discuss the proposed dedication of Bennie Road as well as the necessary easements
running from the Town to Wal-Mart, and from Wal-Mart to the Town. Attorney Pronti indicated
that she was not asking for the Board to take any action tonight, but wanted to take the
opportunity to walk the Board through the documentation being proposed. They were currently
working through the punch -list items received from Highway Sup't. Bush. It was her hope they
would work through the punch -list items and come back before the Board on July 21, 2010 and
ask that they accept the road dedication at that point.
Supervisor Tupper questioned whether the absence of the road dedication would have an
effect on turning on the traffic light.
Todd Markevicz, Engineer from APD Enginnering, apprised the Board they were
coordinating with the NYS DOT for the new traffic signal on Route 13 and the new Bennie Road
entrance. The traffic signal would be turned on July 13, 2010 as a blinking light, however no
traffic would be permitted on the new road until it is dedicated to the Town.
Supervisor Tupper questioned whether Attorney Folmer was happy with the easements.
Attorney Folmer indicated that he reviewed the easements and they appeared to be fine.
At the time of approval he would suggest the Board approve the documents subject to his final
approval.
Attorney Pronti apprised the Board she prepared two resolutions for the Board to adopt.
She indicated she was also prepared to provide the Town with a title insurance policy for the
road.
Todd Markevicz presented a map of the Wal-Mart Supercenter site, with specific
attention to the dedication of Bennie Road and easements. He explained that the construction on
the site is approximately 90-95% complete, and explained some of the remaining items to be
completed (where Bennie Rd. will be closed). The map was derived from the current as -built
plan. The final as -built plan would be provided to the Town upon completion.
Mr. Markevicz pointed out the property line or right-of-way that would be dedicated to
the Town. He explained that trees were within the Town's right-of-way and would be dedicated
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JULY 7, 2010 TOWN BOARD MEETING PAGE 3
to the Town; the trees would be the Town's responsibility for maintenance purposes. The trees
on the south side of Bennie Road would all be within the Town's right-of-way. The majority of
the trees on the north side of Bennie Road would be the possession of Wal-Mart, with the
exception of a few trees near the stormwater retention pond.
Mr. Markevicz pointed out the existing storm -sewer network. It does not receive any of
the site run-off, just the road run-off, which all drains down to the dry swale. In the event that
the stormwater doesn't treat road run-off fast enough and it starts to raise up to the road, there is
a "fail safe" where the water will actuallv backtrack into a pipe and ao into the pond. He
explained it was designed for a 100-year storm.
Along with the storm -sewer, the Town would be provided with an access easement onto
Wal-Mart property as a section of the storm sewer actually goes into Wal-Mart property to drain
into the pond. The Town would also be given approximately 20 ft. +/- of sewer that projects
onto Wal-Mart property. Wal-Mart would be asking for two easements. The first easement
would be an "access easement" over the gravel drive in front of the pond which the Town will
maintain. The purpose of the gravel drive is primarily for access to the pond for maintenance
purposes, such as lawn mowing or cleaning out the pond, and is not intended for public use. In
the event Wal-Mart wanted to dress -up the gravel drive, although they are not required to, they
would be able to do so after seeking approval from the Town.
Mr. Markevicz explained the second "access easement" over the storm -sewer. The
storm -sewer is primarily for the two out -parcels. Wal-Mart was also asking to retain ownership
of the pipe itself — but not the land. In the event Wal-Mart ever needed to clean the pipe out it
would come to the Town for proper permission to do so.
Mr. Markevicz stated they would present the final, signed, as -built map at a later date,
and would provide the "certification letter" from Wal-Mart's third party inspector. The only
item the inspector was not on site for was the dry swale. The general contractor actually dug up
the dry swale and had to correct problems, which was now complete. The water now drains out
of the dry swale as it should. The certification from the third party inspector certifies that the
remainder of the road is built per plans and specs. APD Engineering would provide a
certification to the Board in the next few weeks.
Mr. Markevicz mentioned he would be working with Highway Sup't. Bush over the next
couple of weeks to complete the punch -list items. He noted that certain items could not be
finished until traffic is circulated on Bennie Road, such as the closure of the current intersection
of Bennie Road and Route 13.
Supervisor Tupper questioned whether Attorney Pronti was writing the Resolution
dedicating Bennie Road. He questioned whether the punch -list would be included in the
Resolution.
Attorney Pronti indicated that she was writing the Resolution for the dedication of the
road. The dedication would be conditioned upon the completion of the punch -list items. She will
return for the July 21St meeting with Resolution and updates.
The monthly reports of the Town Clerk, Code Enforcement Officer, Town Justice, and
Town Supervisor, for the month of June 2010 were on the table for review and are filed in the
Town Clerk's office.
Councilman Proud made a motion, seconded by Councilman Testa, to receive and file the
2009 Annual Report for the Cortland County Nutrition Program, presented by the Cortland
County Area Agency on Aging. All voting aye, the motion was carried.
Supervisor Tupper apprised the Board they received a "thank -you" note from Deputy
Town Clerk, Kristin Rocco-Petrella for acknowledging the receipt of her RMC title at the last
Town Board Meeting.
Councilman Rocco apprised the Board he had met with the new County Administrator
and offered a tour of Cortlandville.
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JULY 7, 2010 TOWN BOARD MEETING PAGE 4
Attorney Folmer reported:
Fireworks Policy:
Attorney Folmer apprised the Board the Town he was visited by a representative of the
NYS Department of Labor inquiring whether or not the Town had a fireworks policy in place.
The Attorney General's Office directed the Department of Labor to look into the matter after it
received a complaint about a fireworks display in the Town. Attorney Folmer also received a
phone call from the Assistant Commissioner of Labor questioning the Town's status of adopting
a policy. The required permit for the public display of fireworks is pursuant to Section 405.00 of
the New York State Penal Law.
Attorney Folmer received a copy of the Town of Richland's fireworks policy and
modified it for the Town of Cortlandville. The Department of Labor was comfortable with the
policy as it met the requirements of the Statute. Attorney Folmer suggested the Board adopt the
policy effective August 1, 2010, with no fee at this time. If the Board chooses to set a fee, it can
be done by resolution at a later date. Attorney Folmer requested the opportunity to discuss the
permit process with Town Clerk Snyder, including the amount of time it would take her office to
issue such permit before establishing a fee.
Attorney Folmer explained that Mrs. Murdock approached the Town Clerk's office
earlier in the week for the letter she has received in the past for her family picnic, in which she
has a professional fireworks display. The Town Clerk's office issued its usual letter, with the
addition of a paragraph explaining a permit would be required after August 1, 2010. It was
Attorney Folmer's intent to write a letter to the known individuals/businesses that have fireworks
displays in the Town (the Murdock's, County Fair, Royal Auto) regarding the new policy..
Attorney Folmer also mentioned that the application must be approved by the Fire Chief
and County Sheriff before a permit is issued.
Councilman Rocco questioned if this policy would cover the Village of McGraw. The
response was no. Councilman Rocco also questioned where complaints should be made and how
many feet a display can be from a building.
RESOLUTION #114 ADOPT TOWN OF CORTLANDVILLE FIREWORKS
APPLICATION POLICY EFFECTIVE AUGUST 1, 2010
Motion by Councilman Proud
Seconded by Councilman Leach
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby adopt the Town of Cortlandville Fireworks
Application Policy, pursuant to Section 405.00 of the Penal Law of the State of New York, for
the public display of fireworks in the Town, effective August 1, 2010.
Councilman Rocco suggested the Town consider notifying the public with an
advertisement in the Cortland Standard. Attorney Folmer stated he would look into the matter
after the August 1 st effective date.
Councilman Proud made a motion, seconded by Councilman Leach, to receive and file
correspondence from USDA Rural Development, dated June 8, 2010, regarding the "Final
Notice of Potential Conversion of Areas of Archeological Sensitivity and Land within an
Agricultural District" for the Polkville Waterline Extension Project. All voting aye, the motion
was carried.
Councilman Proud made a motion, seconded by Councilman Leach, to receive and file
correspondence from Town Clerk Snyder to David A. Miller, USDA Rural Development, dated
June 28, 2010, regarding publication of the "Final Notice of Potential Conversion of Areas of
Archeological Sensitivity and Land within an Agricultural District" for the Polkville Waterline
Extension Project. All voting aye, the motion was carried.
Supervisor Tupper apprised the Board he was invited to attend a meeting in Utica with
Congressman Arcuri to discuss the reason funding was no longer available for the Polkville
Waterline Extension Project. He was informed that they are still trying to fund the Town's
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JULY 7, 2010 TOWN BOARD MEETING PAGE 5
project, and was advised not to box the information up yet. Supervisor Tupper hoped to have a
meeting with the USDA soon, in hopes they would offer the Town funding.
Councilman Proud commented that he was still baffled by the pre -determination letter
sent to the Town, which is why the Town spent so much money on the Polkville Water Project.
Supervisor Tupper stated that too many letters were sent out, with not enough funding.
Councilman Proud made a motion, seconded by Councilman Testa, to receive and file
correspondence from Riehlman Shafer & Shafer, dated June 16, 2010, regarding the applications
of Adhan Piping Co. Inc. for property located at 706 Route 13, tax map # 105.00-01-49.110,
owned by Joanne D. Clowser. All voting aye, the motion was carried.
Attorney Folmer apprised the Board the application for an Aquifer Protection Permit was
moot as the Zoning Board of Appeals denied Adhan Piping Co.'s request for a use variance for
the parcel.
Councilman Proud made a motion, seconded by Councilman Leach, to receive and file
correspondence from Senator James L. Seward to Ms. Jean Egenhofer, Office of Parks,
Recreation & Historic Preservation, dated June 17, 2010, in support of the Ted Testa Park grant
application for the Town of Cortlandville. All voting aye, the motion was carried.
RESOLUTION #115 AUTHORIZE SUPERVISOR TO TRANSFER FUNDS FROM
SEWER OPERATING FUND TO THE CAPITAL PROJECT
FUND, NYS ROUTE 13 SEWER REHABILITATION PROJECT
Motion by Councilman Proud
Seconded by Councilman Leach
VOTES: ALL AYE ADOPTED
WHEREAS, the Supervisor requested the Town Board authorize him to transfer funds from the
® Sewer Operating Fund to the Capital Project Fund, NYS Route 13 Sewer Rehabilitation Project,
therefore
BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to transfer
$43,201.84 from the Sewer Fund to the NYS Route 13 Sewer Rehabilitation Project Fund, and it
is further
RESOLVED, the Sewer Operating Fund will be reimbursed if and when the Town receives a
bond. Total Cost to date $56,631.84.
Councilman Testa made a motion, seconded by Councilman Leach, to receive and file
correspondence from Time Warner Cable, dated June 15, 2010, regarding programming options.
All voting aye, the motion was carried.
Councilman Testa made a motion, seconded by Councilman Leach, to receive and file
correspondence from Time Warner Cable, dated July 1, 2010, regarding programming options.
All voting aye, the motion was carried.
Councilman Testa made a motion, seconded by Councilman Rocco, to receive and file
correspondence from Town Engineer, Hayne Smith, dated June 18, 2010, regarding the
Retirement Incentive Program being offered by the State of New York. All voting aye, the
motion was carried.
Supervisor Tupper indicated that at this time, Mr. Smith was the only Town employee to
notify the Board of his interest in the Retirement Incentive Program. The Board would looking
into the program and would discuss the matter at a later date.
Councilman Proud made a motion, seconded by Councilman Testa, to receive and file
correspondence from the NYS Office of Community Renewal dated June 25, 2010, requesting a
project status report for the NYS CDBG Project — Blodgett Mills. All voting aye, the motion
was carried.
Supervisor Tupper apprised the Board Thoma Development has filed the necessary
paperwork
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JULY 7, 2010 TOWN BOARD MEETING PAGE 6
Councilman Proud made a motion, seconded by Councilman Testa, to receive and file
correspondence from the NYS Office of Community Renewal dated June 25, 2010, requesting a
project status report for the NYS CDBG Project — Pyrotek. All voting aye, the motion was
carried.
Councilman Testa made a motion, seconded by Councilman Leach, to receive and file
correspondence from Thoma Development Consultants to Sally and Jerry Stevens, 3342 Route
11, McGraw, NY, dated June 25, 2010, regarding a requirement of the CDBG funding program
to create an additional living unit. All voting aye, the motion was carried.
Councilman Testa made a motion, seconded by Councilman Leach, to receive and file.
correspondence from Thoma Development Consultants to Sally and Jerry Stevens, 3342 Route
11, McGraw, NY, dated June 28, 2010, requesting an update on their rental unit. All voting aye,
the motion was carried.
Supervisor Tupper commented that the Stevens were the only applicants not in
compliance with the agreement for the CDBG funding program. The Stevens were required to
rent one of the 2-family units to a low -to -moderate income family; the rental unit remained
vacant.
Councilman Leach made a motion, seconded by Councilman Proud, to receive and file
correspondence from Alex and Donna Fumarola, 697 McLean Road, dated June 25, 2010,
requesting the Board waive the sewer charges on 14,000 gallons of water used to fill their pool.
All voting aye, the motion was carried.
RESOLUTION #116 AUTHORIZE TOWN CLERK TO ADJUST SEWER CHARGES
FOR 3RD QUARTER BILLING OF ALEX AND DONNA
FUMAROLA FOR PROPERTY LOCATED AT
697 MC LEAN ROAD
Motion by Councilman Leach
Seconded by Councilman Proud
VOTES: ALL AYE ADOPTED
WHEREAS, a request was received from Alex and Donna Fumarola, 697 McLean Road, to
waive the sewer charges on 14,000 gallons of water used to fill their pool, and
WHEREAS, due to the pool fill, 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 3`d Quarter Billing of Alex and Donna Fumarola, 697 McLean Road, by 14,000
gallons, an adjustment of $42.00 to the sewer bill.
Councilman Proud made a motion, seconded by Councilman Rocco, to receive and file
correspondence from Congressman Michael Arcuri to Mr. Joseph Rabito, Deputy Commissioner,
Office of Community Renewal, dated June 28, 2010, in support of the Town's grant application
for funding under the Small Cities Community Development Block Grant Program to establish a
town -wide housing rehabilitation program. All voting aye, the motion was carried.
Supervisor Tupper noted that the Town's grant application for the town -wide housing
rehabilitation program would pertain to income, and would include the Village of McGraw.
RESOLUTION #117 SCHEDULE PUBLIC HEARING FOR AQUIFER
PROTECTION PERMIT SUBMITTED BY STEPHEN &
PATRICIA JORDAN FOR PROPERTY LOCATED ON NYS
ROUTE 13
Motion by Councilman Proud
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, a Public Hearing shall be scheduled for July 21, 2010 at 5:00 p.m. for the
Aquifer Protection Permit application submitted by Stephen & Patricia Jordan (Shipwreck Golf
and Cones) for property located at 759 NYS Route 13, tax map #105.00-03-07.000.
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JULY 7, 2010 TOWN BOARD MEETING PAGE 7
Councilman Proud made a motion, seconded by Councilman Leach, to receive and file
Cortland County Planning Board Resolution #10-15 dated May 19, 2010, and Cortland County
Planning Department recommendations, dated May 19, 2010, regarding the Aquifer Protection
Permit application submitted by Stephen and Patricia Jordan to enclose an existing miniature
golf course with a building and to pave the existing gravel parking area, on Route 13 in the Town
of Cortlandville. All voting aye, the motion was carried.
RESOLUTION #118 REFER AQUIFER PROTECTION PERMIT APPLICATION
SUBMITTED BY DAVID YAMAN, CORTLAND COMMERCE
CENTER, LLC TO THE TOWN AND COUNTY PLANNING
BOARDS FOR REVIEW AND RECOMMENDATIONS
Motion by Councilman Rocco
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Aquifer Protection Permit application submitted by David Yaman,
Cortland Commerce Center, LLC, for property located at 839 Route 13, tax map #95.00-10-
01.100, shall be forwarded to the Town and County Planning Boards for review and
recommendations..
Councilman Proud made a motion, seconded by Councilman Leach, to receive and file
correspondence from the New York State Department of Transportation, dated June 29, 2010,
denying the Town's request for a lower speed limit on Starr Road. All voting aye, the motion
was carried.
Councilman Rocco questioned Cortland County Highway Sup't. Donald Chambers
whether he comments, agrees/disagrees, and sends each request for a speed limit change to the
NYS DOT for review.
County Highway Sup't. Chambers apprised the Board he signs each request sent to him,
and forwards each request to the NYS DOT; he does not recommend or disapprove the request.
He apprised the Board the DOT does the field investigation and study, not the County. The
reason the request must first go to the County is simply a method of law.
RESOLUTION #119 AUTHORIZE APPROVAL REQUEST OF ANNA-MAE ARTIM
FOR THE 2008 HOME GRANT — SENIOR HOUSING
REHABILITATION PROGRAM
Motion by Councilman Leach
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize the approval request of Anna -Mae
Artim, for property located at 714 McLean Road 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 plumbing, electric, insulation, windows &
doors, masonry and other, for a total of $16,339.00.
There was discussion regarding the new NYS Retirement Law and the reporting
requirement for elected and appointed officials. Supervisor Tupper reminded the Board they
were required to report their time for three consecutive months and turn it in to Town Clerk
Snyder, who must then calculate the time sheets and compute the number of days worked.
Councilman Rocco and Councilman Leach had not yet turned their time sheets in, but indicated
they would do so as soon as possible.
Supervisor Tupper referred to Resolution #131 of 1999, which established and amended
the standard workday for elected and appointed officials. He recommended the Board adopt the
same standard workday for the elected and appointed officials listed, with the exception of the
Town Justice who should be changed from a seven -hour day to a six -hour day.
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JULY 7, 2010 TOWN BOARD MEETING PAGE 8
RESOLUTION #120' ESTABLISH THE STANDARD WORK DAY FOR ELECTED
AND APPOINTED OFFFICALS OF THE TOWN
OF CORTLANDVILLE
Motion by Councilman Testa
Seconded by Councilman Leach
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby establish the following as standard work days
for elected and appointed officials and will report the following days worked to the New York
State Local Employees' Retirement System based on the record of activities maintained and
submitted by these officials to the Town Clerk of this body:
Days Reported to
Town Time NYS Retirement
Elected Officials: Standard Work Day: Term of Office: Sheet/Log: System:
Town Supervisor:
6 hours
01/01/2010-12/31/2011
Time Sheet
20
Town Councilman:
6 hours
0 1/0 1/2010-12/31/2013
Log
2.5
Town Councilman:
6 hours
01/01/2010-12/31/2013
Log
20
Town Clerk/Collector:
7 hours
01/01/2010-12/31/2011
Time Sheet
20
Town Highway Superintendent:
8 hours
01/01/2010-12/31/2011
Time Sheet
20
Supervisor Tupper questioned whether there were any further comments or discussion to
be heard.
Councilman Proud questioned the result of the Public Outreach Meeting that was held in
June 2010 by the NYS DOT regarding proposed projects in Cortland County for the future.
Highway Sup't. Bush indicated that there was discussion regarding plans for bridge
repair in the County.
No further comments or discussion were heard.
Councilman Rocco made a motion, seconded by Councilman Testa, to adjourn the
Regular Meeting. All voting aye, the motion was carried.
The meeting was adjourned at 6:00 p.m.
Respectfully submitted,
+aren Q. Snyder, RM
Town Clerk
Town of Cortlandville
'Note:
The draft version of this meeting was submitted to the Town Board for their review on July 21, 2010.
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