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HomeMy WebLinkAbout02-18-2009Z 5q FEBRUARY 18, 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 Folmer; Highway Sup't. Carl Bush; News Reporter, Eileen Hughes from the Cortland Standard; and Grace Meddaugh for Channel 2, Access TV. Supervisor Tupper called the meeting to order. Councilman Proud made a motion, seconded by Councilman Rocco, to receive and file the Cortlandville Planning Board Minutes of November 18, 2008. All voting aye, the motion was carried. Councilman Proud made a motion, seconded by Councilman Rocco, to receive and file the Cortlandville Planning Board Minutes of December 16, 2008. All voting aye, the motion was carried. Councilman Proud made a motion, seconded by Councilman Rocco, to receive and file the Cortlandville Zoning Board of Appeals Minutes of November 18, 2008. All voting aye, the; motion was carried. The Draft Town Board Minutes of January 7, 2009, January 21, 2009, and February 4, 2009, were presented to the Board for their review. RESOLUTION #47 AUTHORIZE PAYMENT OF VOUCHERS - FEBRUARY Motion by Councilman Rocco 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 General Fund B Highway Fund DB Trust & Agency Capital Projects Community Development Water Fund Sewer Fund Vouchers #80 - 109 $126,550.62 B22 - B24 $ 1,186.89 D52 - D68 $ 26,041.77 T7 - T8 $ 5,052.00 H2 - H3 $ 9,428.86 $300,000.00 W36 - W48 $ 18,556.25 S18 - S27 $ 10,385.90 Supervisor Tupper offered privilege of the floor to Councilman Testa. Councilman Testa voiced his concern regarding accidents that occur on Route 13 between Monarch and Elm Tree Golf Course. He questioned whether the State could plant trees along the highway to minimize the wind. Highway Sup't. Bush would contact the NYS DOT regarding the Board's concern. 1 1 255 FEBRUARY 18, 2009 TOWN BOARD MEETING PAGE 2 RESOLUTION #48 ACCEPT ANNUAL REPORT OF TOWN JUSTICE Motion by Councilman Proud Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Annual Report of the Town Justice for the year 2008 is hereby accepted, and shall be received and filed. Councilman Rocco made a motion, seconded by Councilman Testa, to receive and file correspondence from Time Warner Cable, dated January 27, 2009 regarding rate increases effective March 1, 2009. All voting aye, the motion was carried. Councilman Proud made a motion, seconded by Councilman Rocco, to receive and file correspondence from Time Warner Cable, dated February 12, 2009, regarding programming changes. All voting aye, the motion was carried. Town Clerk Snyder reminded the Board that because the Town has a Franchise Agreement with Time Warner Cable, Cortlandville customers could also contact the Town Supervisor with any complaints regarding rates or channels besides Time Warner Cable. There was discussion regarding the request of Derrick Beaumont to remove and refund the Water Benefit tax unit charge for property located off Route 13, which was tabled from February 4, 2009. Attorney Folmer requested the Board table action once again because he did not speak with Assessor Briggs. RESOLUTION #49 TABLE ACTION REGARDING THE REQUEST OF DERRICK BEAUMONT TO REMOVE AND REFUND THE WATER BENEFIT TAX UNIT CHARGE FOR PROPERTY LOCATED AT 1134 NYS ROUTE 13 Motion by Councilman Proud Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby table action regarding the request of Derrick Beaumont to remove the Water Benefit tax unit charge for his property located at 1134 NYS Route 13 (Aftermarket Effects, LLC) tax map #96.09-03-04.000, until March 4, 2009 to allow time for the Town Attorney to speak with the Town Assessor. Attorney Folmer apprised the Board he researched whether or not a permissive referendum was required in order to increase the Highway Equipment Capital Reserve Fund, and determined it was not necessary. RESOLUTION 450 AUTHORIZE SUPERVISOR TO INCREASE THE HIGHWAY CAPITAL RESERVE FUND TO $250,000.00 Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE ADOPTED WHEREAS, Highway Sup't. Carl Bush requested an increase to the maximum amount of money allowed in the Highway Equipment Capital Reserve Fund, which at the end of 2008 reached the maximum level established in 1982, therefore BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to increase the Highway Equipment Capital Reserve Fund to $250,000.00. z s(0 FEBRUARY 18, 2009 TOWN BOARD MEETING PAGE 3 Town Clerk Snyder reported that on behalf of Dr. Singh, Schickel Architecture withdrew the Aquifer Protection Permit application for a 3200 sq. ft. dental office for property owned by Michael Edwards, located at the corner of NYS Route 281/Kinney Gulf Road. Due; to site constraints that reduced the buildable area, Dr. Singh decided to abandon the project. Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and file correspondence from Perfetti Law Offices, dated February 10, 2009, regarding the renewal of the liquor license for Garcias Mexican Restaurant, located at 879 Route 13 in the Town of Cortlandville. All voting aye, the motion was carried. Attorney Folmer reported: Amendment to Local Law No. 1 of 2007 to include Provision for Lockboxes: Attorney Folmer presented the Board with a proposed amendment to the Town's Fire Prevention and Building Code. The amendment would allow the Town to relevy any unj)aid fire inspection fees (90 days delinquent) to the Town and County tax bill. The amendment would also add a provision for lockboxes to the Town's Fire Prevention Code, which was inadvertently removed with the adoption of Local Law No. 1 of 2007. Attorney Folmer suggested the Board schedule a public hearing for an amendment to the local law for March 18, 2009. Councilman Rocco requested the Town print an advertisement in the Cortland Standard to increase public awareness regarding the amendment to the Code, especially with regard to the lockboxes. Attorney Folmer and Town Clerk Snyder would write an advertisement and submit it to Councilman Rocco for review RESOLUTION #51 SCHEDULE PUBLIC HEARING FOR LOCAL LAW OF 2009 — AMENDMENT TO CHAPTER 86, FIRE PREVENTION AND BUILDING CODE ADMINISTRATION AND ENFORCEMENT Motion by Councilman Rocco Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, a Public Hearing is hereby scheduled for March 18, 2009 at 5:00 p.m. concerning an amendment to Chapter 86 of the Town Code, Fire Prevention and Building Code Administration and Enforcement. Fingerlakes East Business Park Project: Attorney Folmer recalled that in 2008 the Board committed $400,000 of the non-federal share of funds for the Fingerlakes East Business Park Project (Resolution #80 of 2008), contingent on the County's commitment of $700,000. The County fulfilled its commitment and the closing occurred between Osbeck Realty Inc. and the Cortland County Industrial Development Agency (IDA). The Town's share was now requested. Attorney Folmer stated it was important for the public to understand that the Tovm's loan to the IDA was a "secured loan" secured by a real estate mortgage on the park property. The County would hold the first mortgage, which meant that the Town would hold the second mortgage. The mortgage provides that from each sale of a lot within the park, a portion of the net proceeds of the sale would be paid to the County and to the Town to reduce the mortgage obligation. The first mortgage provides that it is entirely payable in full in ten years. In the event that at the end of the ten-year period any portion of County or Town's obligation remains outstanding, the IDA would be required to transfer the remaining real property in the industrial park to the County. The County's first mortgage would no longer be a viable lien, thereby making the Town holder of the first mortgage. If the liens are not satisfied within ten years, and the conveyance has to be made from the IDA to the County, it would be specifically made subject to the second mortgage. Attorney Folmer requested the Board authorize Supervisor Tupper to sign the note and other necessary documents. Supervisor Tupper explained that $300,000 of the loan came from the Town's Community Development Block Grant fund, which was a valid use according to the Town's grant writing company. The remaining portion of $100,000 would come from the Town's General Fund. 1 C 257 FEBRUARY 18, 2009 TOWN BOARD MEETING PAGE 4 RESOLUTION #52 AUTHORIZE SUPERVISOR TO SIGN THE MORTGAGE LOAN NOTE AND NECESSARY DOCUMENTS BETWEEN THE CORTLAND COUNTY INDUSTRIAL DEVELOPMENT AGENCY (BORROWER) AND THE TOWN OF CORTLANDVILLE (LENDER) IN THE AMOUNT OF $400,000.00 Motion by Councilman Rocco Seconded by Councilman Testa VOTES: ALL AYE ADOPTED WHEREAS, the Cortland County Industrial Development Agency (IDA) requested the Town's financial assistance for the Fingerlakes East Business Park project to be located on NYS Route 13 in the Town of Cortlandville, and WHEREAS, per Resolution #80 of 2008, the Town formally committed $400,000.00 to the Cortland County IDA for the park project, conditioned upon the formal commitment of $700,000.00 from Cortland County, which has been satisfied, and WHEREAS, a real estate closing occurred- between Osbeck Realty Inc. and the Cortland County IDA for property located on NYS Route 13 for the Fingerlakes East Business Park project, and WHEREAS, the Town's commitment of $400,000.00 in the form of a "secured loan" secured by a real estate mortgage on the park property was requested by the Cortland County IDA, therefore BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to sign the Mortgage Loan Note and other necessary documents between the Cortland County Industrial Development Agency (borrower) and the Town of Cortlandville (lender) in the amount of $400,000.00, subject to Town Attorney review. RESOLUTION #53 AUTHORIZE CODE ENFORCEMENT OFFICER, TOM WILLIAMS TO BE THE "POINT OF CONTACT PERSON" WITH REGARD TO THE MULTI -JURISDICTIONAL ALL -HAZARD MITIGATION PLAN Motion by Councilman Proud Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED WHEREAS, the Disaster Mitigation Act passed by Congress in the year 2000 mandates that local governments have an approved hazard mitigation plan to be eligible for federal grant funding programs, and WHEREAS, Cortland County, through the Cortland County Department of Fire & Emergency Management elected to facilitate a multi jurisdictional hazard mitigation planning effort, therefore BE IT RESOLVED, the Town Board does hereby authorize and direct Code Enforcement Officer, Tom Williams to be the "Point of Contact Person" with regard to the Multi - Jurisdictional All -Hazard Mitigation Plan. f RESOLUTION #54 AUTHORIZE CHANGE ORDER #10 FROM VACRI CONSTRUCTION FOR THE STARR ROAD/VERNON DRIVE SEWER IMPROVEMENT PROJECT Motion by Councilman Testa Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to execute Change Order #10 from Vacri Construction in the amount of $1,644.00 for the Starr Road/Vernon Drive Sewer Improvement Project. Z 58 FEBRUARY 18, 2009 TOWN BOARD MEETING PAGE 5 RESOLUTION #55 AUTHORIZE SUPERVISOR TO SIGN THE OWNER - OCCUPIED LOAN AGREEMENT BETWEEN THE TOWN AND EARL SILVERNAIL FOR THE 2008 HOME GRANT SENIOR HOUSING REHABILITATION PROGRAM Motion by Councilman Testa Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby authorize the Supervisor to sign the Owner - Occupied Loan Agreement between the Town of Cortlandville and Earl Silvernail, 700 Route 13, Cortland, New York, for a 100% deferred loan for the 2008 HOME Grant - Senior Flousing Rehabilitation Program in the amount of $24,559.00. Attorney Folmer excused himself from the meeting at 5:30 p.m. Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and file the Inactive Hazardous Waste Disposal Site Delist Notice from the New York State Department of Environmental Conservation, dated February 12, 2009, notifying the Town that a portion of the former SCM Cortlandville site property, tax map #95.00-10-02.000, no longer presented a threat to public health or the environment. All voting aye, the motion was carried. Supervisor Tupper apprised the Board a request was made by the Central New York Living History Museum (affiliated with Brockway Museum) and the Cortland Repertory Theater (CRT) for the Town to support both organizations in their endeavor to apply for a joint grant under the Restore New York Grant Program. The purpose of the grant was to restore old business and commercial districts. The Town authorized the Homer Cortland Community Agency to apply for the grant two years in a row for the museum, although neither application was a success. CRT was now looking to purchase property across from the museum on Route 11. Supervisor Tupper stated that both tourist sites would enhance the Town of Cortlandville. Supervisor Tupper stated he was asked by the Living History Center and CRT to support the grant application by paying for Thoma Development Consultants to apply for the grant. The Town had a $4800 balance with its grant writing company for such services. The approximate cost for writing the grant would be between $1,800 and $2,400. RESOLUTION #56 AUTHORIZE EXPENDITURE TO THOMA DEVELOPMENT CONSULTANTS TO PERFORM GRANT WRITING SERVICES FOR THE CENTRAL NEW YORK LIVING HISTORY CENTER AND CORTLAND REPERTORY THEATER FOR A JOINT GRANT APPLICATION UNDER THE RESTORE; NEW YORK GRANT PROGRAM Motion by Councilman Rocco Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby authorize the expenditure to Thoma Development Consultants to perform grant -writing services for the Central New Yorl;{ Living History Center and the Cortland Repertory Theater for a joint grant application under the Restore New York Grant Program, and it is further RESOLVED, the cost of the grant writing services shall not exceed $2,400. Supervisor Tupper announced that Senator Seward would be holding a press conference on Thursday, February 19, 2009 at 10:00 a.m. at the Central New York Living History Center. Senator Seward.invited the public and members of the Board to attend. FEBRUARY 18, 2009 TOWN BOARD MEETING PAGE 6 z s9 �J [7 0 Councilman Rocco reported that he attended the Marcellus Shale Oil and Mineral Rights meeting held at the Cortland Grange. The meeting was well attended by landowners who had concerns regarding their property rights and drilling for natural gas. No further comments or discussion were heard. Councilman O'Donnell made a motion, seconded by Councilman Rocco, to adjourn the Regular Meeting. All voting aye, the motion was carried. The meeting was adjourned at 5:40 p.m. Respec fully 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 March 4, 2009. The final version of this meeting was approved as written at the Town Board meeting of April 15, 2009.