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HomeMy WebLinkAbout12-17-2008z22 DECEMBER 17, 2008 5:00 P.M. PUBLIC HEARING NO. 1 AQUIFER PROTECTION PERMIT LOWE'S HOME CENTERS, INC. NYS ROUTE 13 TAX MAP #95.20-02-01.000 A Public Hearing was held by the Town Board of the Town of Cortlandville at the Raymond G. Thorpe Municipal Building, 3577 Terrace Road, Cortland, New York, concerning the Aquifer Protection Permit application submitted by Lowe's Home Centers, Inc. to remove an existing 91,440 sq. ft. retail store with accessory parking and to construct a 111,196 sq. ft. home improvement store with a 27,720 sq. ft. garden center and accessory parking for 390 vehicles. The property is located on the east side of NYS Route 13/Lime Hollow Road intersection, tax map parcel #95.20-02-02.000. Members present: Supervisor, Richard C. Tupper Councilman, Theodore V. Testa Councilman, Edwin O'Donnell Councilman, Ronal L. Rocco Councilman, John C. Proud Town Clerk, Karen Q. Snyder Others present were: Town Attorney, John Folmer; Karen Niday, Director of the Cortland County Empire Zone Program, Cortland County BDC/IDA; Heidi M. Boardman (Raulsten), Taylor McDermott and Russ Porter representing Lowe's Home Center, Inc.; Grace Meddaugh; News Reporter, News Reporter Eileen Hughes from the Cortland Standard; and Sharon Stevans for Channel 2, Access TV. Supervisor Tupper called the Public Hearing to order. Town Clerk, Karen Q. Snyder read aloud the legal notice as published, posted and filed. Supervisor Tupper offered privilege of the floor to those in attendance. Councilman Rocco commented that many residents were excited that Lowe's was coming to Cortlandville, especially with the state of the economy. Councilman Testa questioned when Lowe's would break ground. Taylor McDermott representing Lowe's Home Center, Inc. introduced himself to the Board and stated that the construction of Lowe's was dependant on when Wal-Mart vacated the existing building. He apprised the Board that after working with the Town Planning Board the number of parking spaces was reduced from 424 to 390. He also clarified that the garden center would be partially covered and therefore not an actual accessory building as indicated in the legal notice. Mr. McDermott stated he was aware of the concerns for the aquifer and mentioned that he worked on Lowe's construction projects in aquifer protection areas in New Hampshire. Supervisor Tupper stated the Town appreciated Lowe's patience during the planning process and all the work done by Lowe's and the Town Planning Board. No further comments or discussions were heard. Councilman Testa made a motion, seconded by Councilman Proud, to close the public hearing. All voting aye, the motion was carried. The Public Hearing was closed at 5:05 p.m. ZZ� DECEMBER 17, 2008 5:05 P.M. PUBLIC HEARING NO. 2 AQUIFER PROTECTION PERMIT HEIDI RAULSTEN 3438 SOUTH HILL ROAD TAX MAP #98.00-04-14.000 A Public Hearing was held by the Town Board of the Town of Cortlandville at the Raymond G. Thorpe Municipal Building, 3577 Terrace Road, Cortland, New York, concerning the Aquifer Protection Permit application submitted by Heidi Raulsten to permit the conversion of a single family dwelling to a two family dwelling. The property is located on the east side of South Hill Road, approximately 80 ft. north of the south intersection of South Hill Road and Snell Road, tax map parcel #98.00-04-14.000. Members present: Supervisor, Richard C. Tupper Councilman, Theodore V. Testa Councilman, Edwin O'Donnell Councilman, Ronal L. Rocco Councilman, John C. Proud Town Clerk, Karen Q. Snyder Others present were: Town Attorney, John Folmer; Karen Niday, Director of the Cortland County Empire Zone Program, Cortland County BDC/IDA; Heidi M. Boardman (Raulsten), Taylor McDermott and Russ Porter representing Lowe's Home Center, Inc.; Grace Meddaugh; News Reporter, News Reporter Eileen Hughes from the Cortland Standard; and Sharon Stevans for Channel 2, Access TV. Supervisor Tupper called the Public Hearing to order. Town Clerk, Karen Q. Snyder read aloud the legal notice as published, posted and filed. Supervisor Tupper offered privilege of the floor to those in attendance. Heidi Raulsten, the owner and applicant, introduced herself to the Board. She explained that the former property owner constructed an addition to the home several years ago intending for it to be a two family home. However, the former owner never went through the required process to permit the conversion of a single family home to a two family home. Ms. Raulsten was in the process of selling the home. In order to do so certain documentation including a certificate of occupancy was required. Attorney Folmer apprised the Board the Cortland County Health Department submitted a letter dated December 5, 2008 indicating that the existing sub -surface sewage disposal system at the South Hill Road location was adequate for a one, two or three bedroom dwelling. He also mentioned that the Zoning Board of Appeals approved a variance, and that the Planning Board recommended the Town Board approve the Aquifer Protection Permit. No further comments or discussions were heard. Councilman Rocco made a motion, seconded by Councilman Testa, to close the public hearing. All voting aye, the motion was carried. The Public Hearing was closed at 5:10 p.m. DECEMBER 17, 2008 5:10 P.M. 2 Z 3 PUBLIC HEARING NO. 3 SHIFT OF OPERATION INTO AN EMPIRE ZONE A Public Hearing was held by the Town Board of the Town of Cortlandville at the Raymond G. Thorpe Municipal Building, 3577 Terrace Road, Cortland, New York, concerning a Shift of Operation into an Empire Zone for Cortland ENT, PC, currently located at 1104 Commons Avenue Town of Cortlandville into the City of Cortland Empire Zone, property located at 64 Pomeroy Street. Members present: Supervisor, Richard C. Tupper Councilman, Theodore V. Testa Councilman, Edwin O'Donnell Councilman, Ronal L. Rocco Councilman, John C. Proud Town Clerk, Karen Q. Snyder Others present were: Town Attorney, John Folmer; Karen Niday, Director of the Cortland County Empire Zone Program, Cortland County BDC/IDA; Heidi M. Boardman (Raulsten), Taylor McDermott and Russ Porter representing Lowe's Home Center, Inc.; Grace Meddaugh; News Reporter, News Reporter Eileen Hughes from the Cortland Standard; and Sharon Stevans for Channel 2, Access TV. Supervisor Tupper called the Public Hearing to order. Town Clerk, Karen Q. Snyder, read aloud the published, posted and filed legal notice. Supervisor Tupper offered privilege of the floor to those in attendance. Karen Niday, Director of the Cortland Empire Zone Program explained to the Board and those in attendance that Dr. Kumar of the Cortland ENT, PC group is in the process of purchasing property at 64 Pomeroy Street in the City of Cortland, which is within the boundaries of the Cortland Empire Zone. After completion of the purchasing of the property and renovations he plans to relocate Cortland ENT, PC operation. Cortland ENT, PC would be making application to New York State to participate in the Empire Zone Program, New York State requires a business moving from a location receive approval from the former municipality, which is the Town of Cortlandville before being allowed to participate in the program. This approval is documented in the form of a Public Hearing and a Town Board resolution authorizing the relocation. The Board briefly discussed the application, but had no questions or objections. No further comments or discussions were heard. Councilman O'Donnell made a motion, seconded by Councilman Rocco, to close the Public Hearing. All voting aye, the motion was carried. The Public Hearing was closed at 5:15 p.m. 1 zZy DECEMBER 17, 2008 5:15 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, Edwin O'Donnell Councilman, Ronal L. Rocco Councilman, John C. Proud Town Clerk, Karen Q. Snyder Others present were: Town Attorney, John Folmer; Karen Niday, Director of the Cortland County Empire Zone Program, Cortland County BDC/IDA; Heidi M. Boardman (Raulsten), Taylor McDermott and Russ Porter representing Lowe's Home Center, Inc.; Grace Meddaugh; News Reporter, News Reporter Eileen Hughes from the Cortland Standard; and Sharon Stevans for Channel 2, Access TV. Supervisor Tupper called the Regular Meeting to order. The Draft Town Board Minutes of December 3, 2008 was presented to the Board for their review. RESOLUTION #246 AUTHORIZE PAYMENT OF VOUCHERS — DECEMBER Motion by Councilman Proud Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED, the vouchers submitted have been audited and shall be paid as follows General Fund A Vouchers #650 - 684 $ 25,803.89 General Fund B B201 - B213 $ 86,104.35 Highway Fund DB D457 - D485 $ 73,977.56 Capital Projects H3 - H4 $ 11,321.85 Water Fund W307 - W321 $ 8,940.09 Sewer Fund S 143 - S 148 $ 1,264.16 Supervisor Tupper offered privilege of the floor to those in attendance. No comments or discussion were heard. The monthly report of the Supervisor and Town Justice for the month of November 2008 were on the table for review and are filed in the Town Clerk's Office. Attorney Folmer and the Board reviewed the SEQR Short Environmental Assessment Form for the Aquifer Protection Permit application submitted by Lowe's Home Centers, Inc. for property located on NYS Route 13. Attorney Folmer reminded the Board that Lowe's reduced the number of parking spaces from 424 vehicles to 390 vehicles to adhere to the Town's "Business District Design Specifications." He commended Lowe's for understanding the Town's reasoning for the reduction of parking spaces, and for their willingness to revise the plans. RESOLUTION #247 DECLARE NEGATIVE IMPACT FOR AQUIFER PROTECTION PERMIT #7 OF 2008 SUBMITTED BY LOWE'S HOME CENTERS, INC. FOR PROPERTY LOCATED ON NYS ROUTE 13 Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE ADOPTED 1 E DECEMBER 17, 2008 TOWN BOARD MEETING PAGE 2 WHEREAS, an Aquifer Protection Permit application was submitted by Lowe's Home Centers, Inc. to permit the removal of an existing 91,440 sq. ft. retail store with accessory parking and the construction of a 111,196 sq. ft. home improvement store with a 27,720 sq. ft. garden center and accessory parking for 390 vehicles, for property located on the east side of NYS Route 13/Lime Hollow Road intersection, tax map parcel #95.20-02-02.000, and WHEREAS, the Town Board as Lead Agent, duly reviewed and completed the Short Environmental Assessment Form, therefore BE IT RESOLVED, the Town Board as Lead Agent, does hereby declare the proposed project of Lowe's Home Centers, Inc., Aquifer Protection Permit #7 of 2008, shall have no significant environmental impact. RESOLUTION #248 AUTHORIZE SUPERVISOR TO SIGN SEQRA APPLICATION OF AQUIFER PROTECTION PERMIT #7 OF 2008 Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Supervisor is hereby authorized and directed to sign the SEQRA application relating to Aquifer Protection Permit #7 of 2008, submitted by Lowe's Home Centers, Inc. RESOLUTION #249 APPROVE AQUIFER PROTECTION PERMIT #7 OF 2008 SUBMITTED BY LOWE'S HOME CENTERS, INC. FOR PROPERTY LOCATED ON NYS ROUTE 13 SUBJECT TO CONDITIONS Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE ADOPTED WHEREAS, the Cortland County Planning Department and the Town Planning Board have reviewed and recommended approval of this Aquifer Protection Permit application, and WHEREAS, a Public Hearing was duly held by this Town Board, therefore BE IT RESOLVED, the Town Board does hereby approve Aquifer Protection Permit #7 of 2008, submitted by Lowe's Home Centers, Inc., permitting the removal of an existing 91,440 sq. ft. retail store with accessory parking and the construction of a I11,196 sq. ft. home improvement store with a 27,720 sq. ft. garden center and accessory parking for 390 vehicles, for property located on the east side of NYS Route 13/Lime Hollow Road intersection, tax map parcel #95.20-02-02.000, subject to the following conditions from the Town and County Planning Board: 1. The Town determining that the interior access to the site from Cortlandville Crossing satisfies the requirement of a second means of access to the site. 2. The applicant consult with the NYS Department of Transportation (DOT) as to any required DOT permits, including the feasibility of signalized pedestrian crossing access, as a result of the proposed change in use of the property. 3. That the existing drainage system for the site be fully characterized and that the stormwater plan account for the off -site runoff in some manner. 4. The applicant prepare and receive approval of a more detailed stormwater pollution prevention plan and operation and maintenance plan to insure that they meet the requirements of the NYS Stormwater Management Design Manual. 5. The existing monitoring well on the site which has been compromised being replaced. zz( DECEMBER 17, 2008 TOWN BOARD MEETING PAGE 3 6. Snow storage being located in areas which insure that all snow melt goes through the stormwater management system. 7. The applicant's submittal and the Town's acceptance of the Spill Response Plan and Spill Prevention, Control & Countermeasures Plan for the site addressing not only storage of pesticides/fertilizers in unopened containers, but also any regular use of pesticides/fertilizers on site and the capture and management of "wash off' from the garden center area. 8. The applicant provide projected generator size and run time to determine appropriateness of the proposed fuel tank size and obtaining a petroleum bulk storage permit for the fuel tank from the County Health Department. 9. Approval of the landscaping plan for the site and the architectural design/features of the proposed building per the Town's Design and Development guidelines. 10. The Town requiring building mounted lighting and not the proposed flood lights and an indication from the applicant that the lighting for the site would not shine light at or above an angle of 90' thereby minimizing its impact off the site. 11. The applicant applying to the Town of Cortlandville/Cortland County Health Department for connections to the public water and sewer including an application for a back flow prevention device for the public water supply connection. 12. A negative declaration of environmental impact being determined upon the completion of a Full Environmental Assessment Form, including the addressing of the impact of demolition of existing facility on traffic patterns in this area, and an Environmental Impact Statement if required, as the proposal is considered a Type I Action under SEQR. AND IT IS FURTHER RESOLVED, the Supervisor is hereby authorized to sign the permit. Attorney Folmer and the Board reviewed the SEQR Short Environmental Assessment Form for the Aquifer Protection Permit application submitted by Heidi Raulsten for property located on South Hill Road. RESOLUTION #250 DECLARE NEGATIVE IMPACT FOR AQUIFER PROTECTION PERMIT #8 OF 2008 SUBMITTED BY HEIDI RAULSTEN FOR PROPERTY LOCATED ON SOUTH HILL ROAD Motion by Councilman Proud Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED WHEREAS, an Aquifer Protection Permit application was submitted by Heidi Raulsten to permit the conversion of a single family dwelling to a two family dwelling, for property located on the east side of South Hill Road, approximately 80 ft. north on the south intersection of South Hill Road and Snell Road, tax map parcel #98.00-04-14.000, and WHEREAS, the Town Board as Lead Agent, duly reviewed and completed the Short Environmental Assessment Form, therefore BE IT RESOLVED, the Town Board as Lead Agent, does hereby declare the proposed project of Heidi Raulsten, Aquifer Protection Permit #8 of 2008, shall have no significant environmental impact. 1 1 ZZ7 DECEMBER 17, 2008 TOWN BOARD MEETING PAGE 4 RESOLUTION #251 AUTHORIZE SUPERVISOR TO SIGN SEQRA APPLICATION OF AQUIFER PROTECTION PERMIT #8 OF 2008 Motion by Councilman Proud Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Supervisor is hereby authorized and directed to sign the SEQRA application relating to Aquifer Protection Permit #8 of 2008, submitted by Heidi Raulsten. RESOLUTION #252 APPROVE AQUIFER PROTECTION PERMIT #8 OF 2008 SUBMITTED BY HEIDI RAULSTEN FOR PROPERTY LOCATED ON SOUTH HILL ROAD SUBJECT TO CONDITIONS Motion by Councilman O'Donnell Seconded by Councilman Proud VOTES: ALL AYE ADOPTED WHEREAS, the Cortland County Planning Department and the Town Planning Board have reviewed and recommended approval of this Aquifer Protection Permit application, and WHEREAS, a Public Hearing was duly held by this Town Board, therefore BE IT RESOLVED, the Town Board does hereby approve Aquifer Protection Permit 48 of 2008, submitted by Heidi Raulsten permitting the conversion of a single family dwelling to a two family dwelling, for property located on the east side of South Hill Road, approximately 80 ft. . north on the south intersection of South Hill Road and Snell Road, tax map parcel #98.00-04- 14.000, subject to the following conditions from the Town and County Planning Boards: 1. The applicant obtaining written confirmation from the County Health Department that the existing septic system on site is adequate to accommodate a two family dwelling. 2. The Town weighing the benefit to the applicant of permitting a two family dwelling on a lot which does not meet the minimum lot size and front yard requirements vs. the health, safety, and welfare of the community/neighborhood as is required before any area variance may be granted. 3. Compliance with SEQR requirements. AND IT IS FURTHER RESOLVED, the Supervisor is hereby authorized to sign the permit. RESOLUTION #253 AUTHORIZE SHIFT OF OPERATION INTO THE CITY OF CORTLAND' S EMPIRE ZONE FOR CORTLAND ENT, PC Motion by Councilman Testa Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED WHEREAS, Cortland ENT, PC, located in the Town of Cortlandville from October 2007 to the present, is a medical professional service for patients with ENT disorders, and WHEREAS, Cortland ENT, PC has eight (8) full time equivalent employees at this time, and WHEREAS, physical problems prevented Cortland ENT, PC from remaining at 1104 Commons Avenue in the Town of Cortlandville beyond 2008, and WHEREAS, Cortland ENT, PC attempted to relocate in the Town of Cortlandville but could find no comparable space, and 2z8 DECEMBER 17, 2008 TOWN BOARD MEETING PAGE 5 WHEREAS, the Town of Cortlandville Town Board has heard public comments that extraordinary circumstances existed to warrant the relocation of Cortland ENT, PC to a site in the City of Cortland's Empire Zone, therefore BE IT RESOLVED, the Town of Cortlandville consents to the relocation of Cortland ENT, PC from the Town of Cortlandville to the City of Cortland's Empire Zone. Attorney Folmer apprised the Board the Town Bookkeeper requested that information be included in the Minutes regarding Town Board Resolution #31 of 2007, "Authorize expenditure of $280,000 from the Sewer Capital Reserve Fund to pay for the expense of the Starr Road Sewer Extension and Vernon Drive Trunkline Sewer Project." The Resolution was adopted subject to permissive referendum, which period passed without a request for a vote. Attorney Folmer explained that costs and circumstances changed with the result that the project was partially bonded and only $113,000 of the funds authorized by the Resolution were used. Attorney Folmer reported: Contract Agreement for Code Enforcement with the Town of Freetown: Attorney Folmer apprised the Board the proposed contract agreement for code enforcement services between the Town of Cortlandville and the Town of Freetown was developed by Attorney Don Armstrong. Attorney Folmer reported that the contract was in proper form to be authorized by the Board and executed by the Supervisor. There was discussion regarding establishing the schedule of Town Board Meetings for the year 2009. Councilman Testa suggested that excluding the two meetings held at 7:00 p.m. in the Village of McGraw and in Blodgett Mills, all Town Board meetings should be held at 5:00 p.m. In the event that a controversial issue was in front of the Board, the meeting time could be changed to encourage public participation, which the Board was concerned with. Town Clerk Snyder commented that in the event the Town Board changed the meeting time, notice should be given to the Cortland Standard, and published as a legal notice. Attorney Folmer added that if there was an emergency situation and a special meeting had to be held, the Board is required under the Freedom of Information Law to provide "practical notice" in which they would notify the paper. RESOLUTION #254 ESTABLISH SCHEDULE OF TOWN BOARD MEETINGS FOR THE YEAR OF 2009 Motion by Councilman Proud Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, the regular meetings of the Town Board of the Town of Cortlandville shall be held at the Raymond G. Thorpe Municipal Building, 3577 Terrace Road, Cortland, New York on the first and third Wednesday of each month at 5:00 p.m., with the exception of May 6"' and June 3`a, in which the meetings will be held at 7:00 p.m., and if such day should fall on a holiday, the meeting shall be held the next business day, and it is further RESOLVED, the May 6, 2009 meeting will be held at the Community Building in the Village of McGraw, and the June 3, 2009 meeting will be held at the Blodgett Mills Independent Baptist Church in Blodgett Mills, both held at 7:00 p.m., and it is further RESOLVED, the Town Clerk shall have the meeting schedule posted in the newspaper in Legal Notice form. 1 1 1 Z Z9 DECEMBER 17, 2008 TOWN BOARD MEETING PAGE 6 RESOLUTION #255 APPROVE HOLIDAY SCHEDULE 2009 Motion by Councilman Testa Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Following Holiday Schedule for the year 2009 is hereby approved as follows: New Year's Day Thursday January 01, 2009 Martin Luther King Jr. Day Monday January 19, 2009 President's Day Monday February 16, 2009 Good Friday Friday April 10, 2009 Memorial Day Monday May 25, 2009 Independence Day Friday July 03, 2009 Labor Day Monday September 07, 2009 Columbus Day Monday October 12, 2009 Election Day Tuesday November 03, 2009 Veterans Day Wednesday November 11, 2009 Thanksgiving Day Thursday November 26, 2009 Friday November 27, 2009 Christmas Eve Thursday December 24, 2009 Christmas Day Friday December 25, 2009 New Year's Eve Thursday December 31, 2009 RESOLUTION #256 ESTABLISH MILEAGE RATE FOR PERSONAL VEHICLES SED FOR TOWN BUSINESS FOR THE YEAR 2009 Motion by Councilman Proud Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED BE IT RESOLVED, the mileage rate to be paid by the Town, for personal vehicles used for Town business, is hereby established at $0.55 per mile, the Federal IRS mileage rate for the year 2009, and is subject to audit by the Town Board, effective January 1, 2009. Councilman Proud made a motion, seconded by Councilman Testa, to receive and file correspondence from Amanda Barber, Cortland County Soil & Water Conservation District, dated December 3, 2008, thanking the Board for the arrangements made between the Town and SWCD regarding stormwater management services. All voting aye, the motion was carried. RESOLUTION #257 AUTHORIZE CHANGE ORDER 45, 6, 7 AND 8 FROM VACRI CONSTRUCTION FOR THE STARR ROAD/VERNON DRIVE SEWER IMPROVEMENT PROJECT Motion by Councilman Testa Seconded by Councilman Proud VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to execute Change Order #5, 6, 7 and 8 from Vacri Construction in the amount of $4,708.85 for the Starr Road/Vernon Drive Sewer Improvement Project. RESOLUTION #258 AUTHORIZE CHANGE ORDER #11 AND 12 FROM VACRI CONSTRUCTION FOR THE NYS ROUTE 281/MCLEAN ROAD WATER IMPROVEMENT PROJECT Motion by Councilman Rocco Seconded by Councilman Proud VOTES: ALL AYE ADOPTED Z30 DECEMBER 17, 2008 TOWN BOARD MEETING PAGE 7 BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to execute Change Order #11 and 12 from Vacri Construction in the amount of $3,754.00 for the NYS Route 281/McLean Road Water Improvement Project. RESOLUTION #259 AUTHORIZATION TO RELEVY DELINQUENT WATER AND SEWER ACCOUNTS TO THE 2008 TAX ROLL OF THE TOWN Motion by Councilman Proud Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED WHEREAS, the list of delinquent accounts of the Water & Sewer Department of the Town was submitted, as required, therefore BE IT RESOLVED, the Town Board does hereby receive and forward the list of delinquent water and sewer accounts of the Town of Cortlandville to the Cortland County Real Property Tax Office, to be relevied onto the 2009 tax roll of the Town. RESOLUTION #260 AUTHORIZE APPROVAL REQUEST OF LEROY AND WILMA HENRY FOR THE 2008 HOME GRANT - SENIOR HOUSING REHABILITATION PROGRAM Motion by Councilman Rocco Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby authorize the approval request of LeRoy and Wilma Henry, for property located at 1614 Oakcrest Street 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 masonry, siding, electric, exterior carpentry, roofing, windows and doors for a total of $25,000.00. RESOLUTION #261 AUTHORIZE APPROVAL REQUEST OF EARL SILVERNAIL FOR THE 2008 HOME GRANT - SENIOR HOUSING REHABILITATION PROGRAM Motion by Councilman Rocco Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby authorize the approval request of Earl Silvernail, for property located at 700 Route 13 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 masonry, exterior carpentry, siding, windows and doors, interior carpentry and electric, for a total of $25,000.00. RESOLUTION #262 AUTHORIZE APPROVAL REQUEST OF DALE AND BARBARA WEAVER FOR THE 2008 HOME GRANT - SENIOR HOUSING REHABILITATION PROGRAM Motion by Councilman Rocco Seconded by Councilman Testa VOTES: ALL AYE ADOPTED Z31 DECEMBER 17, 2008 TOWN BOARD MEETING PAGE 8 BE IT RESOLVED, the Town Board does hereby authorize the approval request of Dale and Barbara Weaver, for property located at 3350 Kellogg 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 windows and doors, exterior carpentry, roofing, septic, well drilling, interior carpentry, plumbing, flooring and other, for a total of $25,000.00. Councilman O'Donnell made a motion, seconded by Councilman Proud, to receive and file correspondence from Fiscal Advisors & Marketing, Inc., dated December 5, 2008, regarding a rating change to the Town's "General Obligation Bonds." All. voting aye, the motion was carried. There was discussion regarding the contract agreement for Code Enforcement with the Town of Freetown. Supervisor Tupper explained there had been a lot of discussion regarding inter -municipal cooperation. The Town of Freetown inquired as to whether the Town would be interested in allowing Code Enforcement Officer, Tom Williams to be the Code Enforcement Officer for the Town of Freetown. Freetown would pay the Town of Cortlandville a $5,000 fee for the code enforcement services. Supervisor Tupper stated he would not be surprised if other small municipalities adjacent to the Town made similar inquiries in the future. Supervisor Tupper requested authorization to approve the contract. RESOLUTION 4263 APPROVE INTERMUNICIPAL AGREEMENT BETWEEN THE TOWN OF CORTLANDVILLE AND THE TOWN OF FREETOWN FOR CODE ENFORCEMENT SERVICES Motion by Councilman Rocco Seconded by Councilman Proud VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby approve the Intermunicipal Agreement between the Town of Cortlandville and the Town of Freetown for Code Enforcement Services, effective January 1, 2009 through December 31, 2009, and it is further RESOLVED, the Town of Freetown shall pay the Town of Cortlandville a total sum of $5,000.00 for such services. RESOLUTION #264 APPOINT DELEGATE AND ALTERNATE TO VOTE AT THE ASSOCIATION OF TOWNS ANNUAL MEETING Motion by Councilman Rocco Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board hereby appoints Town Supervisor, Richard Tupper as Delegate, and Town Clerk, Karen Q. Snyder as Alternate, to represent the Town of Cortlandville at the Association of Towns Annual Meeting, to be held in New York City in February of 2009. RESOLUTION #265 ACCEPT RESIGNATION OF PATRICIA A. WRIGHT AS A MEMBER OF THE TOWN ZONING BOARD OF APPEALS EFFECTIVE JANUARY 1, 2009 Motion by Councilman Proud Seconded by Councilman Testa VOTES: ALL AYE ADOPTED z3z DECEMBER 17, 2008 TOWN BOARD MEETING PAGE 9 BE IT RESOLVED, the notice of resignation from Patricia A. Wright as a Member of the Town Zoning Board of Appeals is hereby accepted, with regret, to be effective January 1, 2009, and shall be received and filed. 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 5:45 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 January 21, 2009. 1 1