HomeMy WebLinkAbout04-15-2009APRIL 15, 2009
5:00 P.M.
PUBLIC HEARING NO. 1
NEW YORK STATE EMPIRE STATE DEVELOPMENT
RESTORE NY ROUND 3 FUNDING PROGRAM
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 application to New York State Empire State Development for funding under the Restore NY
Round 3 funding program for two projects located in the Town of Cortlandville, with a
maximum funding request of $1,200,000.00.
Members present: Supervisor, Richard Tupper
Councilman, Theodore Testa
Councilman, Edwin O'Donnell
Councilman, John Proud
Town Clerk, Karen Q. Snyder, RMC
Absent: Councilman, Ronal L. Rocco
Others present were: Highway Sup't. Carl Bush; Ann Hotchkin from Thoma
Development Consultants; News Reporters, Eric Mulvhill from WXHC, Eileen Hughes from the
Cortland Standard, and Grace Meddaugh 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 Ann Hotchkin.
Ann Hotchkin, from Thoma Development Consultants, apprised the Board the public
hearing was being held as part of the process to solicit public input with respect to the
application and project activities. The application for funding would be for two projects located
in the Town of Cortlandville: Brockway/Homeville Museum Complex, 4595 Route 11, and
Cortland Repertory Theater, 4379 North Homer Avenue (Route 11). The application for funding
is due May 4, 2009.
Mrs. Hotchkin explained that the Brockway/Homeville Museum Complex project was
solidified since Brockway had applied for funding in the past. Brockway cut back on what they
had requested, which was recommended by Thoma Development Consultants.
On the other hand, the Cortland Repertory Theater (CRT) project was not yet solidified.
CRT tried to negotiate a purchase price with the owner of the North Homer Avenue property,
however it was not yet accepted. Without a signed purchase agreement, CRT would not be part
of the application for funding under the Restore NY program.
Mrs. Hotchkin apprised the Board the cost estimates are not finalized. The projects are
estimated to be at $300,000 each. Both projects will be matching those funds.
Supervisor Tupper offered privilege of the floor to those in attendance.
No further comments or discussions were heard.
The Public Hearing was closed at 5:10 p.m.
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APRIL 15, 2009 5:10 P.M.
TOWN BOARD MEETING
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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, John Proud
Councilman, Edwin O'Donnell
Town Clerk, Karen Q. Snyder, RMC
Absent:
Councilman, Ronal L. Rocco
Others present were: Town Attorney, John Folmer; Highway Sup't. Carl Bush; Ann
Hotchkin from Thoma Development Consultants; News Reporters, Eric Mulvhill from WXHC,
Eileen Hughes from the Cortland Standard, and Grace Meddaugh for Channel 2, Access TV.
Supervisor Tupper called the meeting to order.
Attorney Folmer entered the meeting at 5:11 p.m.
Councilman Proud made a motion, seconded by Councilman Testa, to approve the Final
Town Board Minutes of January 21, 2009 as written. All voting aye, the motion was carried.
Councilman Proud made a motion, seconded by Councilman Testa, to approve the Final
Town Board Minutes of February 4, 2009 as written. All voting aye, the motion was carried.
Councilman Proud made a motion, seconded by Councilman Testa, to approve the Final
Town Board Minutes of February 18, 2009 as written. All voting aye, the motion was carried.
Councilman Proud made a motion, seconded by Councilman Testa, to approve the Final
Town Board Minutes of March 4, 2009 as written. All voting aye, the motion was carried.
Councilman O'Donnell made a motion, seconded by Councilman Proud, to receive and
file the Cortlandville Planning Board Minutes of January 27, 2009. All voting aye, the motion
was carried.
RESOLUTION #75 AUTHORIZE PAYMENT OF VOUCHERS — APRIL
Motion by Councilman Proud
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 # 191 - 220
$
15,116.60
General Fund B
B49 - B60
$
4,768.16
Highway Fund DB
D 115 - D 136
$
7,180.54
Water Fund
W95 - W108
$
23,756.74
Sewer Fund
S39 - S45
$
3,145.70
Monthly reports of the Tax Collector and Town Justice for the month of March 2009
were on the table for review and are filed in the Town Clerk's Office.
There was discussion regarding the 2008 Annual Financial Report of the Town.
Supervisor Tupper commented that he and the Bookkeeper carefully reviewed the Report and
compared it to that of 2007. Some of the Town's reserve accounts had decreased, while some
had increased. Considering the water and sewer projects and the maintenance and repair work,
Supervisor Tupper stated that the Town was in very good shape, and similar to the financial
situation in 2007.
Pursuant to Town Law, Town Clerk Snyder stated she would publish a legal notice in the
Cortland Standard regarding the Annual Financial Report.
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APRIL 15, 2009 TOWN BOARD MEETING PAGE 2
RESOLUTION #76 ACCEPT SUPERVISOR'S ANNUAL FINANCIAL REPORT
Motion by Councilman O'Donnell
Seconded by Councilman Proud
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Annual Financial Report (AUD) of the Supervisor for the year 2008 is
hereby accepted and shall be received and filed.
Councilman Proud made a motion, seconded by Councilman O'Donnell, to receive and
file correspondence from Jaclyn A. Brilling, Secretary, State of New York Department of Public
Service, regarding the expiration of the Temporary Operating Authority for Time Warner —
Syracuse Division and the Town of Cortlandville. All voting aye, the motion was carried.
There was discussion regarding correspondence from the US Census Bureau about the
2010 Decennial Census. Between April and July of 2009, U.S. Census Bureau employees would
be visiting every housing unit in every neighborhood of the Town of Cortlandville. Census
Bureau employees would wear official identification and carry hand-held computers to capture
physical addresses and their GPS coordinates. Supervisor Tupper stated it was important for
Town residents to cooperate with the US Census Bureau to ensure accurate information. Town
Clerk Snyder would post the informational poster on the Town bulletin board.
RESOLUTION #77 AUTHORIZE SUPERVISOR TO FILE AN APPLICATION TO
THE NEW YORK STATE EMPIRE STATE DEVELOPMENT
UNDER THE RESTORE NY ROUND 3 PROGRAM
Motion by Councilman Testa
Seconded by Councilman O'Donnell
VOTES: ALL AYE ADOPTED
WHEREAS, the Town Board of the Town of Cortlandville finds that the proposed projects are
consistent with the existing local or regional plans, and
WHEREAS, the proposed financing is appropriate for the specific facility or project and the
project facilitates effective and efficient use of existing and future public resources so as to
promote both economic development and preservation of community resources, and
WHEREAS, where applicable, the project develops and enhances infrastructure and or other
facilities in a manner that will attract, create, and sustain employment opportunities, now
therefore
BE IT RESOLVED, the Supervisor of the Town of Cortlandville is hereby authorized and
directed to file an application for funds from the New York State Empire State Development
under the Restore NY Round 3 Program, in an amount not to exceed $1,200,000., and it is
further
RESOLVED, the Supervisor of the Town of Cortlandville is hereby authorized and directed to
sign said application on behalf of the Town and upon approval of said request to enter into and
execute a project agreement with the State for such financial assistance to the Town of
Cortlandville.
RESOLUTION #78 ACKNOWLEDGE NOTIFICATION FROM THE STATE FOR
FILING OF LOCAL LAW NO. 1 OF 2009
Motion by Councilman Testa
Seconded by Councilman Proud
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the State of New York Department of State acknowledged receipt of Local
Law No. 1 of 2009, amending Chapter 86, "Fire Prevention and Building Code Administration
and Enforcement" of the Code of the Town of Cortlandville, to be effective April 6, 2009.
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APRIL 15, 2009 TOWN BOARD MEETING PAGE 3
RESOLUTION #79 ACKNOWLEDGE NOTIFICATION FROM THE STATE FOR
FILING OF LOCAL LAW NO. 2 OF 2009
Motion by Councilman Testa
Seconded by Councilman Proud
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the State of New York Department of State acknowledged receipt of Local
Law No. 2 of 2009, amending the Zoning Law and Map of the Town of Cortlandville for a Zone
Change, to be effective April 6, 2009.
Attorney Folmer reported:
Extension of Tax Collection — Section 925(b) of the Real Property Tax Law:
Attorney Folmer recalled discussion from the April 1, 2009 Town Board meeting
regarding an extension of time for payment of real property taxes for people who receive the
senior citizens exemption. The Board requested Attorney Folmer draft a resolution to grant the
extension based on Section 925(b) of the Real Property Tax Law, which he presented to the
Board.
Attorney Folmer spoke with Town Clerk/Tax Collector Snyder regarding the extension
and whether or not the Board should adopt a resolution granting the extension at this point in
time. The Statute requires the resolution be adopted prior to the issuance of the tax bill. They
also discussed publicizing the fact that the Board adopted such a process. Town Clerk Snyder is
also able to add information to the tax bills prior to them being printed.
Attorney Folmer clarified that the extension of time would only apply to the Town and
County property tax bill and not the School tax bill. Also, the 5-day extension would only apply
to the month of January, which is the first month of tax collection.
Supervisor Tupper thanked the citizens for bringing the issue to the Board's attention.
Town Clerk/Tax Collector Snyder thanked the Board for supporting the extension, which
she hoped would benefit those who qualified for the extension. She stated she would establish a
process within her office to handle the 5-day extension of time.
RESOLUTION #80 ADOPT PROVISIONS OF SECTION 925(b) OF THE REAL
PROPERTY TAX LAW GRANTING AN EXTENSION OF
TIME FOR PAYMENT OF REAL PROPERTY TAXES ON
PRINCIPAL RESIDENCES OWNED BY RESIDENTS AS
SPECIFIED BY SAID SECTION
Motion by Councilman Proud
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
WHEREAS, Section 925(b) of the Real Property Tax Law of the State of New York authorizes
the Town to adopt a resolution extending the time for payment of real property taxes on principal
residences owned by residents as specified in said Section, now therefore
BE IT RESOLVED, that the Town Board adopts the provisions of Section 925(b) of the Real
Property Tax Law granting the extensions provided thereby effective January 1, 2010, and it is
further
RESOLVED, the resolution shall take effect upon adoption.
Annexation of Bell Drive Property from the Village of Homer:
Attorney Folmer apprised the Board he researched the annexation of a small piece of
property from the. Village of Homer to the Town of Cortlandville, which would not be easy to
accomplish. Both the Village and Town Boards would have to hold public hearings and would
be required to make a determination that the annexation was in the best interest of both
municipalities. In addition, more investigation would have to be done because the annexation
involves Fire Districts and debt that may be attached to the property, including any outstanding
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APRIL 15, 2009 TOWN BOARD MEETING PAGE 4
debt the Village has that might be effected by the annexation of the Bell Drive property.
Attorney Folmer stated he would confer with the Village Attorney and report back to the Board
when he had more information.
Amendments to Town Zoning Code:
Attorney Folmer commented on agenda item H-3 concerning proposed amendments to
the Town Zoning Code, which was submitted by the committee created to review the Town
Zoning Code. Planning/Zoning Officer, Bruce Weber planned to discuss any concerns the Board
had at the next Town Board meeting.
Supervisor Tupper explained a committee was created with the intent to review
residential uses in the Town and to consider regulations for animated signs, outdoor wood
boilers, and windmills. The committee members included Town Planning/Zoning Officer, Bruce
Weber; Planning Board Members: Nick Renzi and Elizabeth Classen-Ambrose; and Chris
Calabro, Dave McNeil, and Dave Yaman. Supervisor Tupper requested the Board refer the
proposed amendments to the Town and County Planning Boards for review and
recommendations.
RESOLUTION #81 REFER PROPOSED AMENDMENTS TO TOWN ZONING
CODE TO THE TOWN AND COUNTY PLANNING BOARD
FOR THEIR REVIEW AND RECOMMENDATIONS
Motion by Councilman Proud
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
WHEREAS, a committee was formed with the intent to review residential uses in the Town of
Cortlandville and to consider regulations for animated signs, outdoor wood boilers, and
windmills, and
WHEREAS, the recommendations of the committee for proposed amendments to the Town
Zoning Law were submitted to the Town Board for their review, therefore
BE IT RESOLVED, the Town Board does hereby receive and file the proposed amendments to
the Town Zoning Code and shall refer the proposed amendments to the Town and County
Planning Boards for their review and recommendations.
Councilman O'Donnell made a motion, seconded by Councilman to Testa, to receive and
file the Cortland County Airport Master Plan Update — Draft Final Report, dated December
2005, which was inadvertently misplaced by the Supervisor's office during the Town Hall
construction project in 2006. All voting aye, the motion was carried.
RESOLUTION #82 AUTHORIZE WATER & SEWER SUP'T. TO PURCHASE ONE
NEW DUMP TRUCK FROM THE STATE BID LIST IN AN
AMOUNT NOT TO EXCEED $80,000
Motion by Councilman Proud
Seconded by Councilman O'Donnell
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize and direct the Water & Sewer Sup't.
to purchase one new dump truck from the State bid in an amount not to exceed $80,000.00, and
it is further
RESOLVED, the new dump truck will replace a 1996 International 4200 Dump Truck, s/n
1HTSDAAR3TH280425, and a 1994 Chevy Dump Truck, s/n 1GBKC34F4RJ102476, that will
be sold at auction.
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APRIL 15, 2009 TOWN BOARD MEETING PAGE 5
RESOLUTION #83 AUTHORIZE HIGHWAY SUP'T. TO PURCHASE ONE NEW
DUMP TRUCK FROM THE STATE BID LIST IN AN
AMOUNT NOT TO EXCEED $42,000
Motion by Councilman O'Donnell
Seconded by Councilman Proud
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize and direct the Highway Sup't. to
purchase one new dump truck from the State bid in an amount not to exceed $42,000.00, and it is
further
RESOLVED, the new dump truck will replace a 1999 Dodge 3/4 Ton Pickup Truck 4x4, s/n
3B7KF23Z4XG227534, that will be sold at auction.
RESOLUTION #84 AUTHORIZE SUPERVISOR TO EXECUTE AGREEMENT
WITH CIASCHI, DIETERSHAGEN, LITTLE, MICKELSON &
COMPANY, LLP TO CONDUCT AN AUDIT OF THE
2008 TOWN ACCOUNTING RECORDS
Motion by Councilman O'Donnell
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to sign the
agreement with Ciaschi, Dietershagen, Little, Mickelson & Company, LLP to conduct an audit
of the 2008 Town accounting records, for an amount not to exceed $9,800.00.
Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and
file correspondence from Diana L. Graser, PE, Regional Traffic Engineer, State of New York
Department of Transportation, dated April 9, 2009, denying the Town's request for a lower
speed limit on Starr Road, between Route 13 and Page Green Road. All voting aye, the motion
was carried.
RESOLUTION #85 AUTHORIZE THE CORTLAND CITY SCHOOL DISTRICT
USE OF THE TOWN MEETING ROOM TO CONDUCT THEIR
ANNUAL SCHOOL BOARD ELECTION ON MAY 19, 2009
Motion by Councilman Proud
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize the Cortland City School District
use of the town meeting room in the Raymond G. Thorpe Municipal Building, to conduct their
annual School Board Elections on Tuesday, May 19, 2009 from 11:30 a.m. - 9:30 p.m.
There was discussion regarding the well tests conducted in Blodgett Mills by Town
Engineer, Hayne Smith. After studying water maps, Engineer Smith thought there may be an
aquifer in Blodgett Mills that was not connected to the Homer/Preble aquifer. Engineer Smith
found water when drilling the second test well at the back of the Town's Blodgett Mills Park.
The water flow was gauged at 200 gallons per minute. Supervisor Tupper explained that in order
to determine whether the found water source could sustain a well and serve as a water supply, the
Town would have to drill a larger, commercial well. Once the well is drilled and the pumps are
installed, it would have to run at full capacity for 48 to 72 hours in order to test the water. The
cost of the testing would be approximately $70,000.
Councilman O'Donnell stated that the well tests "raised the curiosity" of the residents of
Blodgett Mills as to whether the water that was found was actually an aquifer or if it was river
water.
Attorney Folmer questioned if Engineer Smith knew whether the test well was "truly an
aquifer" or whether it was a "pond of water."
APRIL 15, 2009 TOWN BOARD MEETING PAGE 6
Councilman Testa stated that according to Engineer Smith the found water was "a new
source of water" that was unlike anything in the Town. He added that with the development of
the Fingerlakes East Business Park on Route 13, the Town's wells would soon be at full
capacity.
Councilman Proud stated he asked the U.S. Geological Service if they could determine
how much water was located in the aquifer, which they could not. He stated that the Town may
be able to place an additional well in the aquifer to provide an increased supply of water.
Councilman O'Donnell stated that in his conversations with Engineer Smith, he indicated
that Engineer Smith was looking for an alternative source of water to add to what the Town
already has for the future.
Supervisor Tupper stated that at this point the Board should decide whether they would
like to move forward with the testing. He stated that there are adequate funds in the water
reserve to fund the project. He added that if the water test was good, and if the well could supply
the Town for an emergency, Engineer Smith would "cap" the well for future use.
Councilman Proud stated he was uncomfortable authorizing the testing until more
information was provided to the Board.
Supervisor Tupper suggested the Board invite Engineer Smith and representatives from
the County Health Department and Soil & Water Conservation District to discuss the possibility
of drilling the exploratory wells at the May 6, 2009 Town Board meeting, which would be held
in the Village of McGraw. The Board concurred.
Councilman O'Donnell read a prepared statement addressed to Town Clerk Snyder
announcing his resignation for retirement as Town Councilman effective April 17, 2009. He
stated serving on the Board, for the past 30 years, "has been an interesting, challenging, and
rewarding experience which I will always treasure."
Supervisor Tupper and Members of the Board thanked Councilman O'Donnell for his
hard work and dedication to the Town, and stated he would be deeply missed.
RESOLUTION #86 ACCEPT RESIGNATION FOR RETIREMENT FROM
EDWIN O'DONNELL AS TOWN COUNCILMAN
Motion by Councilman Proud
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
WHEREAS, after 30 years of service Edwin O'Donnell has announced his intention to retire as
Town Councilman, therefore
BE IT RESOLVED, the Town Board does hereby accept the resignation of Edwin O'Donnell as
Town Councilman of the Town of Cortlandville, with deep regret, effective April 17, 2009, and
it is further
RESOLVED, that the resignation is hereby received and filed.
No further comments or discussion were heard.
Councilman Proud made a motion, seconded by Councilman Testa, to adjourn the
Regular Meeting. All voting aye, the motion was carried.
The meeting was adjourned at 5:50 p.m.
Respectfully submitted,
Karen Q. Snyder, RMC
Town Clerk
Town of Cortlandville
*Note:
The final version of this meeting was submitted to the Town Board for their review onJune 3, 2009.
The final version of this meeting was approved as written at the Town Board meeting ofJune 17,2009.
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