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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. 1 1 APRIL 15, 2009 5:10 P.M. TOWN BOARD MEETING z8L LJ 1 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. z 6 z_ 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. Z8S 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 28� 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. Z8s 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. LJ 1 J