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Home My WebLink About07-15-2009317- JULY 15, 2009 5:00 P.M. 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, Gregory Leach Town Clerk, Karen Q. Snyder, RMC Absent: Councilman, Ronal L. Rocco Others present were: Town Attorney, John Folmer; Highway Sup't. Carl Bush; Grace Meddaugh; News Reporter, Ian Boudreau from the Cortland Standard, and Sharon Stevans for Channel 2, Access TV. Supervisor Tupper called the meeting to order. Councilman Proud made a motion, seconded by Councilman Testa, to approve the Final Town Board Minutes of May 20, 2009 as written. All voting aye, the motion was carried. Councilman Proud made a motion, seconded by Councilman Testa, to receive and file the Cortlandville Planning Board Minutes of April 28, 2009. All voting aye, the motion was carried. Councilman Proud made a motion, seconded by Councilman Testa, to receive and file the Cortlandville Planning Board Minutes of May 26, 2009. All voting aye, the motion was carried. Councilman Proud made a motion, seconded by Councilman Testa, to receive and file the Cortlandville Zoning Board of Appeals Minutes of April 28, 2009. All voting aye, the motion was carried. Councilman Proud made a motion, seconded by Councilman Testa, to receive and file the Cortlandville Zoning Board of Appeals Minutes of May 26, 2009. All voting aye, the motion was carried. The Draft Town Board Minutes of July 1, 2009, and the Final Town Board Minutes of June 3, 2009 and June 17, 2009, were presented to the Board for their review. RESOLUTION #112 AUTHORIZE PAYMENT OF VOUCHERS — JULY Motion by Councilman Testa Seconded by Councilman Proud VOTES: ALL AYE ADOPTED BE IT RESOLVED, the vouchers submitted have been audited and shall be paid as follows: General Fund A Vouchers #475 - 505 $108,886.91 General Fund B B 148 - B 164 $ 60,369.63 Highway Fund DB D241 - D270 $ 32,006.90 Water Fund W176 - W183 $ 9,395.04 Sewer Fund S66 - S70 $ 5,261.78 Supervisor Tupper offered privilege of the floor to those in attendance, yet no requests were made. The monthly reports of the Town Clerk and Supervisor for the month of June 2009 were on the table for review and are filed in the Town Clerk's office. 313 JULY 15, 2009 TOWN BOARD MEETING PAGE 2 Councilman Proud made a motion, seconded by Councilman Leach, to receive and file correspondence and the Renewal Application Notice Form from Riehlman Shafer and Shafer, Attorneys and Counselors at Law, dated July 1, 2009, regarding the renewal of the liquor license for Statewide Country Music Assoc, Inc. located at 1804 NYS Route 13 in the Town of Cortlandville. All voting aye, the motion was carried. Councilman Proud made a motion, seconded by Councilman Leach, to receive and file correspondence and the Renewal Application Notice Form from Scott Becker, dated June 26, 2009 and June 30, 2009, regarding the renewal of the liquor license for 281 Bowl Inc. located at 3898 Route 281 in the Town of Cortlandville. All voting aye, the motion was carried. Attorney Folmer reported: Proposed Zoning Amendments: Attorney Folmer apprised the Board that Planning & Zoning Officer, Bruce Weber completed a review of the draft changes to the proposed Zoning Amendments and made some additional recommendations. The changes were being made to the document, and should be complete and ready to forward to the Town and County Planning Boards for review and recommendations at the next Town Board Meeting. Annual Town Audit: With regard to the Annual Town Audit, Attorney Folmer was asked to provide a letter regarding pending matters, which he completed July 13, 2009. County Wind Farm: Attorney Folmer informed the Board the County intended to enter into a contract agreement with TCI Renewables for the proposed wind farm. The draft of the agreement did not make reference to the towns involved in the project. County Legislator, Kathie Arnold (Legislative District 16 — Cuyler, Solon & Truxton) was concerned that the towns involved were not mentioned in the agreement; she felt the agreement should refer specifically to the towns. Attorney Folmer sent an email to Ms. Arnold suggesting that the Town of Cortlandville agreed with her. According to her response, she was glad the Town agreed with her. He expected that Ms. Arnold would bring the matter up to the Legislature. USDA- Rural Development Loan/Grant for Polkville Waterline: With regard to the USDA Rural Development Loan/Grant for Polkville Water Project, Attorney Folmer apprised the Board he contacted Tad Murray, Facilities Manager at ETL — Intertek Testing, located on Route 11 in Polkville. The Town would need to get an easement from ETL for the project. According to Mr. Murray, ETL was in favor of the waterline extension. Attorney Folmer provided Clough Harbour & Associates with Mr. Murray's contact information. Annexation of Bell Drive Property from the Village of Homer: Attorney Folmer apprised the Board he was waiting for a phone call from Village of Homer Attorney, Patrick Perfetti, regarding the annexation of property on Bell Drive from the Village of Homer. Attorney Folmer would contact Attorney Perfetti instead. Supervisor Tupper reported that business owners along NYS Route 13 contacted the Town and requested the raised median be removed from the Route 281/Route 13 corridor project plans. The business owners felt the raised median would hinder access to their businesses. The NYS DOT removed the proposed median from the plans and would redesign the median using paint. Councilman Proud made a motion, seconded by Councilman. Leach, to receive and file correspondence from Carl F. Ford, P.E., New York State Department of Transportation, dated June 25, 2009, notifying the Town that the NYS DOT elected to remove the proposed four foot raised median on NYS Route 13 between Lime Hollow Road and Lamont Circle, a part of the NYS Route 281/Route 13 Corridor Project. All voting aye, the motion was carried. 311 JULY 15, 2009 TOWN BOARD MEETING PAGE 3 Councilman Proud made a motion, seconded by Councilman Leach, to receive and file correspondence from Assemblywoman Barbara S. Lifton, dated July 1, 2009, notifying the Town that the New York State Department of Transportation changed its plans for the raised median on NYS Route 13 between Lime Hollow Road and Lamont Circle, to accommodate the Town's concerns and concerns from other businesses along Route 13 that would be affected. All voting aye, the motion was carried. Councilman Proud made a motion, seconded by Councilman Testa, to receive and file correspondence from Senator James L. Seward, dated June 29, 2009, concerning the Attorney General's local government and consolidation bill, as embodied in Senate Bill 5661/Assembly Bill 8501, and Senator Seward's vote of "no" for the bill. All voting aye, the motion was carried. Councilman Proud made a motion, seconded by Councilman Leach, to receive and file correspondence from Donald Chambers, Cortland County Highway Superintendent, dated July 1, 2009, regarding the household hazardous waste recycling program to be conducted by the New York State Department of Environmental Conservation on July 25, 2009, from 9:00 AM to 1:00 PM, at the Recycling Center located at 137 S. Pendleton Street in the City of Cortland. All voting aye, the motion was carried. Councilman Testa made a motion, seconded by Councilman Leach, to receive and file recommendations from the Cortland County Planning Department, dated July 2, 2009, regarding the Aquifer Protection Permit application submitted by McNeil Development Co., LLC for the proposed construction of a medical building to be located at 4038 NYS Route 281, tax map #86.09-01-39.000. All voting aye, the motion was carried. Councilman Proud made a motion, seconded by Councilman Leach, to receive and file the Cortland County Planning Board Resolution #09-18, dated July 8, 2009, regarding the Aquifer Protection Permit application submitted by McNeil Development Co., LLC for the proposed construction of a medical building to be located at 4038 NYS Route 281, tax map #86.09-01-39.000. All voting aye, the motion was carried. The Town Board was not ready to schedule a public hearing for the Aquifer Protection Permit application of McNeil Development Co., LLC at this time because recommendations were not yet received from the Town Planning Board. Councilman Proud made a motion, seconded by Councilman Testa, to receive and file correspondence from Christina Chamberlain, United States Department of Agriculture - Rural Development (USDA), dated June 25, 2009, regarding the Town's pre -eligibility determination for the proposed Waterline Extension to Polkville - $1,017,000 would be in the form of a 38-year loan with a 2.625% interest rate from the USDA Rural Development, and the remaining $1,139,300 would be in the form of a direct grant from Rural Development. All voting aye, the motion was carried. Supervisor Tupper hoped the application for the USDA — Rural Development loan/grant would be solidified as quickly as possible to lock -in the low interest rate. Town Clerk Snyder reminded the Board the earliest the paperwork for bonding could be completed was by August 19, 2009. A public hearing would have to be held, and the bonding resolutions would have to be adopted, subject to permissive referendum. The permissive referendum would expire 30 days after the notice is published. Supervisor Tupper added that according to Clough Harbour & Associates, the project would commence in 2009 and would be almost complete by the end of the year. 315- JULY 15, 2009 TOWN BOARD MEETING PAGE 4 RESOLUTION #113 AUTHORIZE SUPERVISOR TO SIGN CONTRACT WITH CLOUGH HARBOUR & ASSOCIATES, LLP FOR PRELIMINARY ENGINEERING & DESIGN SPECIFICATIONS FOR THE POLKVILLE WATERLINE EXTENSION PROJECT Motion by Councilman Proud Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to sign a contract with Clough Harbour & Associates, LLP for preliminary engineering and design specifications for the Polkville Waterline Extension Project, subject to negotiation of the contract price, and subject to the Town Attorney's approval. RESOLUTION #114 AUTHORIZE SUPERVISOR TO SIGN CONTRACT WITH CLOUGH HARBOUR & ASSOCIATES, LLP FOR PRELIMINARY ENGINEERING & DESIGN SPECIFICATIONS FOR THE NYS ROUTE 13 SANITARY SEWER REPLACEMENT PROJECT Motion by Councilman Proud Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to sign a contract with Clough Harbour & Associates, LLP for preliminary engineering and design specifications for the NYS Route 13 Sanitary Sewer Replacement Project, subject to negotiation of the contract price, and subject to the Town Attorney's approval. Councilman Proud made a motion, seconded by Councilman Leach, to receive and file correspondence from the Cortland County Highway Department, dated July 7, 2009, regarding the Environmental Evaluation Form C (Short Environmental Assessment), for the Airport Development Projects. All voting aye, the motion was carried. RESOLUTION #115 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 WHEREAS, per Resolution #55 of 2009, the Town extended a 100% deferred loan to Earl Silvernail for the 2008 HOME Grant - Senior Housing Rehabilitation Program in the amount of $24,559.00, and WHEREAS, the total cost of repairs to Mr. Silvernail's home exceeded the total amount of the deferred loan by $650.00, therefore BE IT RESOLVED, the Town Board does hereby authorize and direct 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 Housing Rehabilitation Program in the amount of $650.00, for additional funds. Councilman Proud made a motion, seconded by Councilman Leach, to receive and file correspondence from the Cortland County IDA/BDC, dated July 14, 2009, regarding the Environmental Assessment Form completed by D. Yaman Properties, LLC, regarding a proposed project "Cortland Commerce Center" to be located at 839 NYS Route 13 in the Town of Cortlandville. All voting aye, the motion was carried. 31G JULY 15, 2009 TOWN BOARD MEETING PAGE 5 Supervisor Tupper announced that plans for the Empire Agrifuel Biodiesel Plant to be constructed off of Route 11 in Polkville were put on hold after some of the investors backed out because of project delays and the current economy. Empire Agrifuel already received the necessary permit approvals from the Town in 2008, including the Aquifer Protection Permit. Supervisor Tupper spoke with representatives of Empire Agrifuel, SUNY Morrisville, and Senator Seward's Office regarding the project in hopes of keeping the project afloat. He hoped that Empire Agrifuel would be able to construct the biodiesel plant in the future when the economy improved. No further comments or discussion were heard. Councilman Leach made a motion, seconded by Councilman Proud, to adjourn the Regular Meeting. All voting aye, the motion was carried. The meeting was adjourned at 5:40 p.m. Respectfully submitted, A I / - Q4� 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 onJuly 28, 2009. The final version of this meeting was approved as written at the Town Board meeting of August 5, 2009. 1 1