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SEPTEMBER 01, 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 C. Tupper
Councilman, Theodore V. Testa
Councilman, Ronal L. Rocco
Councilman, John C. Proud
Councilman, Gregory K. Leach
Town Clerk, Karen Q. Snyder, RMC
Others present were: Town Attorney, John Folmer; Town Code Enforcement Officer,
Tom Williams; Town Historian, Jeff Guido and his wife Sheila Guido; News Reporter, Barbara
Tupper.
Supervisor Tupper called the meeting to order.
The Draft Town Board Minutes of August 18, 2010 were presented to the Board for their
review.
RESOLUTION #152 AUTHORIZE SUPERVISOR TO SIGN
PURCHASE ORDER #0078
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 #0078 submitted by Town Water & Sewer Sup't. Peter Alteri for 3 variable
frequency drives for the Blue Creek Booster Station, from EMA Drives & Automation, for the
total cost of $3,699.00.
RESOLUTION #153 AUTHORIZE SUPERVISOR TO SIGN
PURCHASE ORDER #0110
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 #0110 submitted by Town Highway Sup't. Carl Bush for supplies/catch basins,
from Crossroads Highway Supply Inc., for the total cost of $3,273.00.
RESOLUTION #154 AUTHORIZE SUPERVISOR TO SIGN
PURCHASE ORDER 40111
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 40111 submitted by Town Highway Sup't. Carl Bush for repairs to a piece of
heavy equipment, from Cummins Northeast, for the total cost of $5,870.19.
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SEPTEMBER 01, 2010 TOWN BOARD MEETING PAGE 2
RESOLUTION #155 AUTHORIZE SUPERVISOR TO SIGN
PURCHASE ORDER #0112
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 #0112 submitted by Town Highway Sup't. Carl Bush for paving materials, from
Suit-Kote Corp., for the total cost of $8,939.50.
RESOLUTION #156 AUTHORIZE PAYMENT OF VOUCHERS — SEPTEMBER
Motion by Councilman Rocco
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the vouchers submitted have been audited and shall be paid as follows:
General Fund A
Vouchers #462 - 483
$
98,419.40
General Fund B
B 108 - B 112
$
17,080.50
Highway Fund DB
D320 - D350
$
33,982.91
Trust & Agency
T24 - T25
$
22,026.11
Water Fund
W 182 - W 192
$
4,676.18
Sewer Fund
S87
$
3,573.77
Capital Project
H124 - H133
$
9,394.72
Supervisor Tupper offered privilege of the floor to Town Historian,
Jeff Guido.
Town Historian, Jeff Guido reported the following regarding his activities over the past
few months:
July 11, 2010 - Attended the Airfest at Cortland County Airport, Chase Field,
and took photos of the event. In the upcoming months he would be working
with one of the pilots, Art Bell, to comprise a history of the airport.
- July and August 2010 - Took photos of the progress of the construction at the
business park on Route 13.
- History of farming in Cortlandville — Mr. Guido spoke with Mrs. Reed from
Reeds Seeds regarding the 2001h anniversary of the farm. He also conducted an
extensive interview with Dick Osbeck regarding his farm. Mr. Osbeck has a
8mm film from the 1950s of all the farms on Route 13 in Cortlandville, which
he was trying to view.
Attended Jets Training Camp at SUNY Cortland and took photos.
Working with Kevin Whitney to compile the history of the Cortlandville Fire
Department.
Mr. Guido apprised the Board he was keeping newspaper articles and happenings in
Cortlandville throughout 2010, and would provide a chronicle of events to the Board in January
2011.
Councilman Rocco questioned whether Mr. Guido scheduled any talks with the local
schools. Mr. Guido stated he would like to do a presentation to the schools regarding farming in
the Town this fall.
With regard to the County Airport, Attorney Folmer apprised Mr. Guido he has a photo
of General Chase taken the day the airport was dedicated to him, which he could provide for his
project.
The Board thanked Mr. Guido for his hard work.
Councilman Leach questioned whether there was money in the budget for the Town
Historian to publish a monthly article in the Cortland Standard.
Supervisor Tupper advised Councilman Leach that the Cortland Standard would publish
such articles on the local page of the newspaper at no charge.
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SEPTEMBER O1, 2010 TOWN BOARD MEETING PAGE 3
Supervisor Tupper mentioned the fire that took place at The Village Park, which caused
severe damage to several condos. A Deputy Sheriff who was on Route 13 at the time spotted the
fire. Supervisor Tupper thanked the Sheriff's Department, the Cortlandville Fire Department, and
the City Fire Department for their quick response. Supervisor Tupper would send a letter to
Sheriff Price thanking the Deputy Sheriff who responded.
Councilman Testa noted that CEO Williams also went to the scene on Monday morning.
CEO Williams reported on the damage to the condos and spoke about the process that follows
after a fire takes place.
Councilman Rocco questioned whether a notice was published in Cortland Standard
regarding the Town's new Firework Policy.
While a notice had not been published, Supervisor Tupper apprised the Board that several
Fireworks Permits were recently issued. He thanked the Town Clerk's office for their work on
the permits.
Town Clerk Snyder stated that one reason an article had not been published was because
she and Attorney Folmer were reviewing and revising the current policy, which the Town
received from the Town of Richfield. After comparing the policy with the New York State Penal
Law, several changes were made to the application. During the month of August two fireworks
permits were issued, while a third application was never returned to the Town Clerk's office.
With regard to a permit application fee, Town Clerk Snyder informed the Board that the
Town of Skaneateles has a $200.00 fireworks permit fee, and also requires the application be
submitted 45-days prior to the event. At this time, the Town has not established a permit fee.
Councilman Rocco reported that he received correspondence from the William G.
Pomeroy Foundation, which pays for 30 roadside, cast-iron markers per year. He requested the
Town submit a proposal for a marker for the South Cortland Cemetery on Route 13 as a
historical site. The grants would be awarded October 15, 2010.
The Board agreed that the historical South Cortland Cemetery would benefit from such a
marker. Councilman Proud suggested that other sites in the Town be identified for future grant
requests.
Councilman Rocco would discuss the matter with the Town Historian and the Town
Clerk before submitting the application.
The monthly report of the Town Clerk and Code Enforcement Officer for the month of
August 2010 were on the table for review and are filed in the Town Clerk's Office.
Under old business, Attorney Folmer recalled that the Board tabled discussion at the
August 16, 2010 Town Board meeting regarding a request made by Walden Place to locate a
sign on Town property that was recently dedicated by Wal-Mart. Due to the relocation of
Bennie Road, Walden Place wanted to place a sign on Town property indicating that the facility
was located to the east of Route 13.
After discussing the matter with both Planning & Zoning Officer Weber and CEO
Williams, Attorney Folmer determined that if the Town decides to permit private
owners/individuals to locate signs on town property it could open the door for similar requests.
Attorney Folmer stated that he understood why Walden Place would want such sign and was
sympathetic to their desires. However, the Board had to make a decision regarding policy.
Councilman Rocco noted that the State does not allow private signs on public property.
If the Town allows such, he predicted that problems would occur.
Supervisor Tupper offered hypothetical situations of requests that could be made for
different signage throughout the Town if the Board allowed Walden Place's request.
Attorney Folmer offered another option to consider. The Board could declare the small,
triangular piece of property of interest to Walden Place as surplus property, and could sell it for a
nominal fee. However, doing so could also open up a similar request in the future.
The Board discussed the different issues that could arise if they allowed Walden Place to
install signage.
CEO Williams suggested a few different locations for directional signs to be located, on
private land, both south and north of the facility. Walden Place would have to request and obtain
permission from the different landowners in order to do so. The signs would have to be placed
outside of the State's right-of-way.
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SEPTEMBER 01, 2010 TOWN BOARD MEETING PAGE 4
Councilman Rocco made a motion to adopt as Town Policy that private signs are not
allowed on Town property. Councilman Proud seconded the motion.
Councilman Leach questioned whether the Board would entertain selling a piece of
property to a contiguous property owner for the purpose of a sign.
Attorney Folmer apprised the Board the Town owns approximately 100 small pieces of
property, and that a similar request could be made for each property. He suggested the Town
either permit private signage or not.
RESOLUTION #157 ADOPT AS TOWN POLICY THAT PRIVATE SIGNS ARE
NOT ALLOWED ON TOWN PROPERTY
Motion by Councilman Rocco
Seconded by Councilman Proud
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby adopt as Town Policy that private signs are
not allowed on Town property.
RESOLUTION #158 ACKNOWLEDGE NOTIFICATION FROM THE STATE FOR
FILING OF LOCAL LAW NO. 3 OF 2010
Motion by Councilman Leach
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the New York State Department of State acknowledged receipt of Local
Law No. 3 of 2010 — Early Retirement Incentive, to be effective August 27, 2010.
Town Clerk Snyder thanked the Board for their full support with regard to partial
payments for tax collection. An informational meeting was held August 19th regarding the topic.
Those in attendance made many comments and suggestions. Town Clerk Snyder informed the
Board the public may participate in a survey regarding partial payments which is posted on the
Cortland County website (www.cortland-co.org).
Supervisor Tupper noted that if the County decides to adopt partial payments then all
town tax collectors would have to adapt to the change. He also noted that he was not aware of
any Legislators who were against partial payments.
Councilman Rocco questioned whether surrounding counties participate in partial
payments.
Town Clerk Snyder informed the Board that Tompkins County has installment payments,
which means the County is the tax collector. Onondaga County, Sullivan County, and Essex
County all have partial payments. Partial Payments would be another option for the taxpayer.
Attorney Folmer Reported:
Filing of Local Law No. 3 of 2010:
The only item Attorney Folmer had to report was regarding the filing of Local Law No. 3
of 2010, which Town Clerk Snyder already presented to the Board.
Councilman Proud made a motion, seconded by Councilman Testa, to receive and file
correspondence from Cortland County Administrator, Martin Murphy, dated August 16, 2010,
regarding the Preliminary 2011 Workers' Compensation Rates. All voting aye, the motion was
carried.
Councilman Leach commended the Town's safety officer for the low loss ratio over the
last few years.
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SEPTEMBER 01, 2010 TOWN BOARD MEETING PAGE 5
Councilman Proud made a motion, seconded by Councilman Leach, to receive and file
correspondence from Thoma Development Consultants to Mr. Richard Parker, dated August 19,
2010, regarding the Town's Senior HOME Grant Program. All voting aye, the motion was
carried.
Supervisor Tupper noted that Mr. Parker would be receiving his second HOME Grant for
property in Blodgett Mills, as long as the work was finalized by the deadline of August 31, 2010.
The Board discussed how pleased they were with the appearance of Blodgett Mills with
home improvements because of the HOME grants, new sidewalks, and other work done to the
facades of buildings.
Councilman Rocco made a motion, seconded by Councilman Leach, to receive and file
correspondence from the NYS Office of Community Renewal, dated August 26, 2010, notifying
the Town that it did not receive funding under the 2010 NYS Community Development Block
Grant for the Town -wide Housing Rehabilitation Project. All voting aye, the motion was
carried.
There was discussion regarding the correspondence from the NYS Office of Community
Renewal regarding the Town's application for funding under the 2010 NYS Community
Development Block Grant program. Supervisor Tupper noted that the Town did not receive
funding, as the Town did not meet the CDBG requirements. According to the letter, "the Town
did not adequately demonstrate compliance with the Citizen Participation requirements, which
mandate that applicants hold two public hearings related to the current application year prior to
the submittal of an application."
Town Clerk Snyder explained that with regard to grants, Ann Hotchkin of Thoma
Development normally brings the legal notice to the Town Clerk's office, however she was not
available. Instead, Bernie Thoma brought the packet of information to the Supervisor's office.
The first public hearing was conducted, however, the legal notice was never published. Town
Clerk Snyder could not provide the Affidavit of Publication from the Cortland Standard when
compiling information to provide to Thoma Development for submission of the application.
Among other documents, Town Clerk Snyder provided a certification of the first public hearing
to prove it was held, as well as an Affidavit of Publication for the second public hearing. Town
Clerk Snyder stated that all parties involved in the grant process would be more cautious in the
future.
On another note, Councilman Rocco noted his frustration with the lack of availability of
newspapers at the different retailers in the Town of Cortlandville. He felt that more newspapers
should be available for sale than what is currently being left by the delivery drivers, especially
since the Town pays to publish legal notices.
Councilman Leach made a motion, seconded by Councilman Testa, to receive and file
correspondence from Cortland County Soil & Water Conservation District, received August 30,
2010, regarding the Cortland County River Cleanup scheduled for September 25, 2010. All
voting aye, the motion was carried.
Councilman Rocco recalled that the Town was going to place two signs for the
entrance/exit of McGraw (Cortlandville and Cincinnatus) to honor the McGraw High School
Girls Varsity Soccer Team for their accomplishment of 2°a Place in New York State in 2009.
Councilman Rocco apologized that the signs were not yet purchased. He did not suspect the
signs would cost a significant amount of money, however before he spent time researching the
cost he wanted to make sure the Board still agreed to do so.
Supervisor Tupper mentioned that Highway Sup't. Bush utilizes the County's sign
department for Town road signs. He suggested Councilman Rocco speak with Highway Sup't.
Bush to discuss the signs, which he would do.
Councilman Testa agreed that the Board made a commitment to purchasing and installing
the signs.
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SEPTEMBER 01, 2010 TOWN BOARD MEETING
PAGE 6
RESOLUTION #159 AUTHORIZE HIGHWAY SUP'T. TO SEND SURPLUS
EQUIPMENT TO ROY TEITSWORTH MUNICIPAL AUCTION
IN LANSING. NEW YORK ON SEPTEMBER 11.2010
Motion by Councilman Proud
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize and direct the Highway Sup't. to
send the following surplus equipment to the Roy Teitsworth Municipal Auction in Lansing, New
York on September 11, 2010:
- 1995 Cub Cadet Compact Tractor 4x4 Diesel, 27 HP, with 1493.2 hours, Loader
Bucket s/n 7275-20569 m/n 7275
- 1998 John Deere 425 Garden Tractor, Gas, 20 HP, 60 inch mower
s/n M00425A055057 m/n 425
- 1990 Heinrich Plate Tamp s/n 800151 m/n TPA1830
- 1984 Joy 185 Air Compressor, Diesel s/n 200618 m/n ACD2
- Miscellaneous Old Computer Parts
Supervisor Tupper asked CEO Williams to stand, and acknowledged him for successfully
completing the Civil Service Examination for Code Enforcement Officer. He requested the
Board appoint Mr. Williams for the full-time position of Code Enforcement Officer for the Town
of Cortlandville. Supervisor Tupper noted there would be a probationary period for the position
by law.
The Board congratulated Mr. Williams for his achievement.
RESOLUTION 4160 APPOINT THOMAS A. WILLIAMS AS FULL-TIME
CODE ENFORCEMENT OFFICER FOR THE TOWN
OF CORTLANDVILLE
Motion by Councilman Leach
Seconded by Councilman Rocco
VOTES: ALL AYE ADOPTED
WHEREAS, per Resolution #95 of 2009, adopted May 20, 2009, the Town Board appointed
Thomas A. Williams for a provisional full-time position of Code Enforcement Officer contingent
on the successful completion of the Civil Service Examination, and
WHEREAS, Mr. Williams successfully completed such Civil Service Examination, therefore
BE IT RESOLVED, the Town Board does hereby authorize the appointment of Thomas A.
Williams of 2 Bedford Street, Homer, New York, for the full-time position of Code Enforcement
Officer for the Town of Cortlandville, effective September 1, 2010, at an annual salary of
$46,300.00.
Supervisor Tupper acknowledged Councilman Rocco who purchased a set of the newest
addition of manuals from the American Association of State Highway and Transportation
Officials (AASHTO), which has the highway and transportation guidelines. Highway Sup't.
Bush utilizes the manuals, however his additions were from 1980 and 1985. After reading the
manuals himself, Councilman Rocco would donate them to the Town Highway Department.
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SEPTEMBER 01, 2010 TOWN BOARD MEETING
PAGE 7
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 6:00 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 they review on September 15, 2010
The draft version of this meeting was approved as written at the Town Board meeting ofOctober 6, 2010
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