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Home My WebLink About01-21-2009ZHL JANUARY 21, 2009 5:00 P.M. TOWN BOARD MEETING The Regular Meeting of the Town Board of the Town of Cortlandville was held at the Raymond G. Thorpe Municipal Building, 3577 Terrace Road, Cortland, New York, with Supervisor Tupper presiding. Members present: Supervisor, Richard Tupper Councilman, Theodore Testa Councilman, Edwin O'Donnell Councilman, Ronal Rocco Councilman, John Proud Town Clerk, Karen Q. Snyder, RMC Others present were: Town Attorney, John B. Folmer; Highway Sup't. Carl Bush; Scott Smith from Clough Harbour & Associates LLP; Attorney Matthew Neuman from Riehlman Shafer & Shafer; Louis Sachetti; Attorney William Pomeroy and Legal Assistant, Karen Knauerhase from Pomeroy, Armstrong, Casullo & Monty, LLP; Patricia Wright, former Cortlandville ZBA Member; Grace Meddaugh; News Reporter, Eileen Hughes from the Cortland Standard; and Sharon Stevans for Channel 2, Access TV. Supervisor Tupper called the meeting to order. The Draft Town Board Minutes of December 17, 2008 were presented to the Board for their review. RESOLUTION #22 AUTHORIZE PAYMENT OF VOUCHERS - JANUARY 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 #21 - 48 $ 36,752.84 General Fund B B4 - 1310 $ 76,814.53 Highway Fund DB D14 - D38 $ 77,790.21 Trust & Agency T2 - T4 $ 43,919.42 Water Fund W7 - W 18 $ 7,998.85 Sewer Fund S4 - S9 $ 2,771.16 Supervisor Tupper suggested the Board move agenda items H-7 and H-8 to the top of the agenda to accommodate those in attendance. RESOLUTION #23 REFER ZONE CHANGE REQUEST SUBMITTED BY LOUIS SACHETTI FOR PROPERTY LOCATED AT 706 ROUTE 13 TO THE TOWN AND COUNTY PLANNING BOARDS FOR REVIEW AND RECOMMENDATIONS Motion by Councilman Proud Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Zone Change Request submitted by Louis Sachetti for property located at 706 Route 13, tax map # 105.00-01-49.110, owned by Joanne D. Clowser, shall be referred to the Town and County Planning Boards for their review and recommendations. RESOLUTION #24 REFER AQUIFER PROTECTION PERMIT APPLICATION OF TOP'S MARKETS, LLC TO THE TOWN AND COUNTY PLANNING BOARDS FOR REVIEW AND RECOMMENDATIONS Motion by Councilman Testa Seconded by Councilman Proud VOTES: ALL AYE ADOPTED JANUARY 21, 2009 TOWN BOARD MEETING PAGE 2 BE IT RESOLVED, the Aquifer Protection Permit application submitted by Top's Market LLC for property owned by Cortland Station Inc., located at 3932 Route 281, tax map #86.13-01-65.100, shall be referred to the Town and County Planning Boards for review and recommendations, and it is further RESOLVED, the Aquifer Protection Permit application of Top's Markets LLC is hereby received and filed. Supervisor Tupper presented former Zoning Board of Appeals Member, Patricia Wright with a plaque for her sixteen years of service to the Town of Cortlandville. The Board thanked Mrs. Wright for her dedication to the Town, and wished her luck in her future endeavors. Councilman O'Donnell and Councilman Proud reported that they audited the books for the Town Justice and Town Clerk/Tax Collector and found everything to be in order.. The monthly report of the Supervisor for the month of December 2008 was on the table for review and is filed in the Town Clerk's office. Supervisor Tupper noted that the Town closed the year 2008 with a higher balance than it did in 2007. RESOLUTION #25 ACCEPT ANNUAL REPORT OF THE TOWN CLERK Motion by Councilman O'Donnell Seconded by Councilman Proud VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Annual Report of the Town Clerk for the year 2008 is hereby accepted, and shall be received and filed. Supervisor Tupper reported that the revision to the Procurement Policy was not yet complete and therefore tabled its adoption until the next meeting. RESOLUTION #26 ACKNOWLDEGE RECEIVING NOTICE OF CLAIM IN THE MATTER OF MARTIN MACK AND LEE SCOTT-MACI:� AGAINST THE TOWN OF CORTLANDVILLE Motion by Councilman Proud Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby acknowledge, by receiving and filing, the Notice of Claim in the matter of Martin Mack and Lee Scott -Mack against the Town of Cortlandville for property damage at 1336 Starr Road, Cortland, New York. Town Clerk Snyder requested clarification regarding the filing of future Notice of Claims, and whether the Board would like copies of the claims. Supervisor Tupper requested that a copy of any Notice of Claim be forwarded to his office, in addition to the Town Attorney and the Town's insurance company. He also requested notification from Department Heads if a Town employee is involved in a motor vehicle accident with a town -owned vehicle. Attorney Folmer reported: Notice of Claim — Mack: Attorney Folmer reported that the Town's insurance company would not be dealing with the Notice of Claim filed by Martin and Lee Mack against the Town of Cortlandville. Z y3 JANUARY 21, 2009 TOWN BOARD MEETING PAGE 3 Late Notice of Claim: Attorney Folmer reported he received a letter from the Town's insurance company indicating it would not oppose the Late Notice of Claim in the matter of Mary E. Tanguay against the Town of Cortlandville. Attorney Folmer anticipated the Town would receive the Order from the Court in the near future, and soon after a Notice of Claim. RESOLUTION #27 AUTHORIZE SUPERVISOR TO REQUEST A 60-DAY EXTENSION FROM THE NYS COMPTROLLER' S OFFICE FOR FILING THE 2008 ANNUAL FINANCIAL REPORT (AUD) Motion by Councilman Proud Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Supervisor is hereby authorized to request an additional 60-day extension of time from the NYS Comptroller's Office for filing the 2008 Annual Financial Report. RESOLUTION #28 AUTHORIZE EXTENSION OF TIME FOR TAX COLLECTION TO JUNE 1.2009 Motion by Councilman Proud Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Supervisor is hereby authorized and directed to sign and forward a request for an extension of the tax collection program until June 1, 2009 to the Cortland County Treasurer, in compliance with Section 938 of the Real Property Tax Law. i Councilman Rocco made a motion, seconded by Councilman Proud, to receive and file the Draft Spill Response Plan and the Spill Prevention, Control and Countermeasure Plan for the Wal-Mart Supercenter, submitted by APD Engineering & Architecture, dated January 12, 2009. All voting aye, the motion was carried. RESOLUTION 429 ACCEPT CORTLAND COUNTY AS LEAD AGENCY FOR THE PROPOSED CROWN CITY WIND FARM PROJECT Motion by Councilman Proud Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby accept Cortland County as Lead Agency for the proposed Crown City Wind Farm Project, submitted by Air Energy TCI, Inc., which would include the development of a 90 Megawatt wind farm consisting of 45 x 2 megawatt wind turbine generators located on real property in the Towns of Cortlandville, Homer, Solon, and Truxton in the County of Cortland, State of New York, and it is further RESOLVED, correspondence from Daniel S. Dineen, Director of the Cortland County Planning Department, dated December 19, 2008, is hereby received and filed, and it is further RESOLVED, the Town Board hereby authorizes and directs the Supervisor to submit a letter to the County Planning Department acknowledging the County's lead agency status. JANUARY 21, 2009 TOWN BOARD MEETING PAGE 4 There was discussion regarding the request to establish a new fund for the future NYS Route 13 Sewer Rehabilitation Project. Supervisor Tupper explained that in the past the Town expended money on projects before the bookkeeping was set up. Town Engineer, Hayne Smith began the design and cost estimates for the sewer rehabilitation project. Stage 1 of the project would entail the repair of the sewer line between Aldi's and Footie's Freeze, which was in the worst condition. Councilman Proud explained the new engineering method by which the sewer line would be repaired. RESOLUTION 430 AUTHORIZE SUPERVISOR TO ESTABLISH A NEW FUND FOR THE FUTURE NYS ROUTE 13 SEWER REHABILITATION PROJECT Motion by Councilman Rocco Seconded by Councilman Proud VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to establish a new fund for the future NYS Route 13 Sewer Rehabilitation Project. RESOLUTION #31 AUTHORIZE TRANSFER OF MONIES TO BALANCE ACCOUNTS FOR THE 2008 BUDGET Motion by Councilman Rocco Seconded by Councilman Proud VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Budget Officer is hereby authorized and directed to transfer monies to adjust the accounts of the 2008 Budget for the Town of Cortlandville as follows: 1) GENERAL FUND A - TOWN WIDE: Transfer $84,346.23 FROM TO AMOUNT A1010.4 A1110.41 $ 580.36 A 1670.4 A 1110.42 $10,130.00 A 1410.2 A 1410.4 $ 405.15 A1220.2 A1220.4 $ 1,900.01 A1220.2 A1330.4 $ 520.43 A1355.4 A1355.1 $ 124.50 A 1990.4 A 1430.1 $10,601.64 A1430.4 A1430.2 $ 674.00 A1990.4 A1430.41 $11,892.71 A1450.4 A1460.41 $ 9,883.11 A 1620.4 A 1620.2 $ 2,465.99 A1650.2 A1650.4 $ 2,621.20 A1990.4 A1989.4 $ 1,053.81 A5132.4 A3310.4 $ 2,603.57 A1990.4 A3510.4 $ 349.20 A1990.4 A8030.4 $ 591.42 A9730.6 A9710.6 $26,600.00 A9730.7 A9710.7 1,349.13 TOTAL: $84,346.23 2) GENERAL FUND B - PART TOWN: Transfer $98,685.28 FROM TO AMOUNT B 1910.4 B7110.24 $33,205.00 B 1420.4 B7110.24 $ 5,000.00 B7110.12 B7110.24 $11,546.00 B7110.21 B7110.24 $ 5,000.00 B7110.22 B7110.24 $ 6,661.49 B 1990.4 B7110.42 $ 4,249.75 B7110.22 B7110.44 $12,176.57 B7110.23 B7310.4 $10,000.00 B7110.41 B7310.4 $ 5,000.00 B3197.4 B7310.4 $ 1,000.00 B7410.4 B7310.4 $ 4,136.00 B8664.4 B8664.1 $ 710.00 B9055.8 B9040.8 $ 0.47 1 1 1 TOTAL: $99,685.28 JANUARY 21, 2009 TOWN BOARD MEETING PAGE 5 21+ 1 1 3) DB - HIGHWAY FUND PART TOWN: Transfer $54,560.62 FROM DB5130.1 DB5142.1 TO DB5130.4 DB5142.4 4) SS — SEWER FUND: Transfer $6,011.81 FROM TO SS 1990.4 SS8120.4 SS8120.41 SS8120.4 AMOUNT $49,866.27 $ 4,694.35 TOTAL: $54,560.62 AMOUNT $ 5,000.00 $ 1,011.81 TOTAL: $ 6,011.81 RESOLUTION #32 AUTHORIZE HIGHWAY SUP'T. TO PURCHASE ONE 10 WHEEL DUMP TRUCK FROM THE STATE BID LIST Motion by Councilman Proud Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby authorize and direct Highway Sup't. Carl Bush, to purchase one new 10 Wheel Dump Truck with plow and sander from the State Bid list in an amount not to exceed $175,000.00, and it is further RESOLVED, the new 10 Wheel Dump Truck will replace the 1994 10 Wheel Dump Truck. RESOLUTION #33 AUTHORIZE SUPERVISOR TO PURCHASE A PICK-UP TRUCK FROM THE STATE BID LIST Motion by Councilman Rocco Seconded by Councilman Proud VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to purchase a Chevrolet CT 15403 — Colorado 4WD Reg Cab Pickup Truck from the State Bid in an amount not to exceed $15,666.65, to be utilized by the Code Enforcement Officer, and it is further RESOLVED, the new Pickup Truck will replace a 1992 Chevrolet Pickup Truck. Councilman Rocco informed the Board he requested County Administrator, Scott Schrader send Supervisor Tupper any information regarding the scheduling of meetings involving discussion on the County Airport. Supervisor Tupper stated he would make sure Councilman Rocco was informed when such information was received. No further comments or discussion were heard. Councilman Rocco made a motion, seconded by Councilman Proud, to adjourn the Regular Meeting. All voting aye, the motion was carried. The meeting was adjourned at 5:35 p.m. Respect ly 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 February 18, 2009. The final version of this meeting was approved as written at the Town Board meeting of April 15, 2009.