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Home My WebLink About09-02-2009us, SEPTEMBER 02, 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, Ronal L. Rocco Councilman, John Proud Councilman, Gregory Leach Town Clerk, Karen Q. Snyder, RMC Others present were: Town Attorney, John Folmer; Highway Sup't. Carl Bush; Michael Barylski, NYS DEC; Luann King from Senator Seward's office; Town/Village residents: Steven Flatt, Mike Smith; Steven Harriger, Leo Bush, Lester Bordwell, Jim Norton; News Reporter Scott Conroe 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 August 5, 2009, and the Zoning Board of Appeals Minutes of July 28, 2009, were presented to the Board for their review. RESOLUTION #132 AUTHORIZE PAYMENT OF VOUCHERS — SEPTEMBER Motion by Councilman Testa Seconded by Councilman Leach VOTES: ALL AYE ADOPTED BE IT RESOLVED, the vouchers submitted have been audited and shall be paid as follows: General Fund A Vouchers #566 - 593 $ 32,292.07 General Fund B B 186 - B 193 $ 14,404.27 Highway Fund DB D318 - D334 $ 43,294.47 Trust & Agency T28 - T29 $ 24,649.20 Water Fund W221 - W231 $ 2,677.88 Sewer Fund S85 = S90 $ 12,047.61 Monthly reports of the Code Enforcement Office, Town Clerk, Town Supervisor, and the Water & Sewer Department for the month of August 2009 were on the table for review and are filed in the Town Clerk's office. RESOLUTION #133 ACKNOWLEDGE AUDIT REPORT OF THE FISCAL AFFAIRS OF THE TOWN OF CORTLANDIVLLE FROM CIASCHI, DIETERSHAGEN, LITTLE, MICKELSON & COMPANY, LLP FOR THE PERIOD ENDING DECEMBER 31, 2008 Motion by Councilman Testa Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Audit Report of the fiscal affairs of the Town of Cortlandville from Ciaschi, Dietershagen, Little, Mickelson & Company, LLP for the period ending December 31, 2008 for the Town of Cortlandville is hereby acknowledged and shall be received and filed. Supervisor Tupper apprised the Board the auditors planned to attend the September '16, 2009 Town Board Meeting to discuss the audit and to answer any questions the Board may have. 339 SEPTEMBER 02, 2009 TOWN BOARD MEETING PAGE 2 Under communications, Supervisor Tupper apprised the Board he received numerous letters and emails regarding topics such as windmills and gas drilling. With regard to windmills, Councilman Rocco commented on the committee meetings that are taking place. He suggested that members of the committee, the County Legislature, the Town Planning Board, and reporters from the Cortland Standard, visit one of the windfarms located in New York State. Councilman Rocco would mention the idea at a future committee meeting. Councilman Proud stated that the attorney and the consultant firm hired to do the SEQR both have experience with wind energy. Although he felt that the committee could rely heavily on their expertise, he agreed that a visit to one of the sites would be beneficial. Town Clerk Snyder reported on her progress with the 2009 Dog Enumeration. Town Clerk Snyder met with the Trustees of the Village of McGraw at their September 1, 2009 meeting to explain the process. The Village Trustees were very supportive and authorized Village Clerk, Lori Aiken to act as a "satellite office" for the purpose of accepting dog license applications and fees from Village residents during the enumeration. Town Clerk Snyder made arrangements with the Village Clerk to retrieve the applications and process them at her office. As an elected official, Town Clerk Snyder stated she had a responsibility to the residents of the Town and Village to make sure all dogs are licensed, as it is required under both the New York State Ag. & Market Law and Town Law. She indicated that residents were already responding to the paid advertisements she had published in the Cortland Standard. A mailer explaining the dog licensing law would also be sent to all Town/Village residents. Supervisor Tupper questioned how long the enumeration would take and if an enumerator would be going door-to-door. Town Clerk Snyder explained she was conducting the enumeration in-house to minimize the cost of the enumeration, which would be complete in 2010. A few years ago, when looking into the enumeration process, she received a quote from a private company to complete the task at a cost of $22,000-$25,000. She informed the Board that a minimal amount of "door knocking" would occur to satisfy areas such as the Cortland Mobile Home Park where flyers could be sent, doubting a positive response. Attorney Folmer reported: Fire Inspection Fees: Attorney Folmer apprised the Board he met with CEO Williams regarding the cost of fire inspections. The way the policy is written, each building had a separate inspection fee. For property owners that have several buildings on one parcel, such as Bestway Enterprises that has 10+ buildings, the cost of the fire inspections would be quite high. Attorney Folmer suggested the Board amend the policy to provide that any structures owned or operated by a single owner on a single parcel should be considered one inspection rather than as multiple. With no objection from the Board, Attorney Folmer would draft an amendment to the fee schedule to present to the Board at their next meeting for adoption. Waterline Extension to Polkville — Contracts with Clough Harbour & Associates: Attorney Folmer informed the Board he received two contracts from Clough Harbour & Associates LLP (CHA) regarding the waterline extension to Polkville. After review, Attorney Folmer had a problem with only one item. The contracts provide for termination in the event that one party is not performing in accordance to the agreement. He suggested a termination clause be included in the contract to protect the Town in the event that it does not receive the grant for the project. The Town should be able to pay CHA for services rendered up to such date, and then terminate the contract. James Trasher from CHA agreed. He would revise and resubmit the contracts to the Town for approval. Attorney Folmer requested the Board authorize the Supervisor to execute the contracts when they are in satisfactory form. 34() SEPTEMBER 02, 2009 TOWN BOARD MEETING PAGE 3 RESOLUTION #134 AUTHORIZE SUPERVISOR TO EXECUTE CONTRACT WITH CLOUGH HARBOUR & ASSOCIATES LLP FOR ENGINEERING SERVICES FOR THE POLKVILLE WATERLINE EXTENSION PROJECT Motion by Councilman Proud Seconded by Councilman Leach VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to execute the contracts with Clough Harbour & Assocates LLP for engineering services for the Polkville Waterline Extension Project, subject to approval by the Town Supervisor and Town Attorney. Flooding of Smith Brook — Village of McGraw: Attorney Folmer apprised the Board he was in the process of reviewing the public notice from the United States Army Corp of Engineers regarding remedial work that could be done on navigable waters as defined by the Corp. He would report back to the Board after he had time to research the issue further. Revisions to Proposed Zoning Ordinance: Attorney Folmer updated the Board on the revisions to the Zoning Ordinance. Because the Town has both a Planning/Zoning Officer and a Code Enforcement Officer, the functions are different than outlined in the present Code. Therefore, there are approximately 15 places in the Code that the terminology must be changed. Attorney Folmer would finalize the changes with Planning/Zoning Officer, Bruce Weber and submit them to Dan Dineen, Cortland County Planning Department for review. The Town could then conduct the SEQR review and proceed with the adoption of the proposed revisions to the Zoning Ordinance. RESOLUTION 9135 REFER AQUIFER PROTECTION PERMIT APPLICATION SUBMITTED BY STEPHEN AND PATRICIA JORDAN TO THE TOWN AND COUNTY PLANNING BOARDS FOR REVIEW AND RECOMMENDATIONS Motion by Councilman Rocco Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Aquifer Protection Permit application submitted by Stephen and Patricia Jordan (Shipwreck Golf & Cones) for property located at 759 Route 13, tax map #105.00-01- 30.200, shall be forwarded to the Town and County Planning Boards for review and recommendations, and it is further RESOLVED, the Aquifer Protection Permit application of Stephen and Patricia Jordan is hereby received and filed. Councilman Proud made a motion, seconded by Councilman Rocco, to receive and file recommendations from the Cortland County Planning Department, dated August 14, 2009, and Cortland County Planning Board Resolution #09-22, dated August 19, 2009, regarding the Aquifer Protection Permit application submitted by Robert and James Lucas (Empire Tractor Cortland), for property located on NYS Route 13, tax map #105.00-01-48.100. All voting aye, the motion was carried. Councilman Rocco made a motion, seconded by Councilman Leach, to receive and file recommendations from the Cortland County Planning Department, dated August 14, 2009, and Cortland County Planning Board Resolution #09-23, dated August 19, 2009, regarding the Aquifer Protection 'Permit application submitted by M.V. Weiss & Associates (KFC), for property located on NYS Route 281, tax map #86.17-01-07.200. All voting aye, the motion was carried. 3 Al I SEPTEMBER 02, 2009 TOWN BOARD MEETING PAGE 4 RESOLUTION #136 SCHEDULE PUBLIC HEARING FOR AQUIFER PROTECTION PERMIT SUBMITTED BY M.V. WEISS & ASSOCIATES FOR PROPERTY LOCATED ON NYS ROUTE 281 Motion by Councilman Rocco Seconded by Councilman Leach VOTES: ALL AYE ADOPTED BE IT RESOLVED, a Public Hearing shall be scheduled for September 16, 2009 at 5:00 p.m. for an Aquifer Protection Permit application submitted by M.V. Weiss & Associates (KFC), for property owned by William Cleary, located on NYS Route 281, tax map #86.17-01-07.200. RESOLUTION #137 AUTHORIZE SUPERVISOR TO FILE AN APPLICATION FOR FUNDS FROM THE NEW YORK STATE OFFICE OF PARKS, RECREATION AND HISTORIC PRESERVATION Motion by Councilman Proud Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED BE IT RESOLVED, Richard C. Tupper, as Supervisor of the Town of Cortlandville, is hereby authorized and directed to file an application for funds from New York State Office of Parks, Recreation and Historic Preservation in accordance with the provisions of Title 9 of the Environmental Protection Act of 1993, in an amount not to exceed $300,000, and upon approval of said request to enter into and execute a project agreement with the State for financial assistance to the Town of Cortlandville for the Testa Park Project and, if appropriate, a conservation easement/preservation covenant to the deed of the assisted property. RESOLUTION #138 AUTHORIZE APPROVAL REQUEST OF GRACE BARTHOLOMEW FOR THE 2008 HOME GRANT - SENIOR HOUSING REHABILITATION PROGRAM Motion by Councilman Proud Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby authorize the approval request of Grace Bartholomew, for property located at 521 McLean Road in the Town of Cortlandville, for a 100% deferred loan for the 2008 HOME Grant - Senior Housing Rehabilitation Program, and it is further RESOLVED, the work to be completed would include interior carpentry, windows & doors, masonry, roofing, siding, plumbing, painting, heating and other, for a total of $25,000.00. RESOLUTION #139 AUTHORIZE APPROVAL REQUEST OF ROBERT AND RUTH PHELPS FOR THE 2008 HOME GRANT - SENIOR HOUSING REHABILITATION PROGRAM Motion by Councilman Proud Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby authorize the approval request of Robert and Ruth Phelps, for property located at 835 S. Lamont in the Town of Cortlandville, for a 100% deferred loan for the 2008 HOME Grant - Senior Housing Rehabilitation Program, and it is further RESOLVED, the work to be completed would include flooring, painting, roofing, windows & doors, interior carpentry, plumbing and other, for a total of $17,330.00. 3 � Z. SEPTEMBER 02, 2009 TOWN BOARD MEETING PAGE 5 Councilman Proud made a motion, seconded by Councilman Testa, to receive and file the "Material Events Notification" from Fiscal Advisors & Marketing Inc., dated August 24, 2009, regarding a rating change in various bonds issued to the Town of Cortlandville. All voting aye, the motion was carried. Supervisor Tupper introduced Mike Barylski, NYS DEC, and offered him privilege of the floor. Mike Barylski, NYS DEC, clarified to the Board and those in attendance the impression that one cannot enter a stream or brook to clean out debris without permission from the NYS DEC is an incorrect assumption. A property owner can enter a stream or brook to clean debris out manually. No motorized equipment can be brought into the stream or brook for any reason without permission and a permit from the NYS DEC. No sediment deposits can be removed; only trees, trash, or any debris that may have traveled from upstream or fallen in because of widening, but emphasized again — without motorized equipment. Chainsaws are allowed into the stream or brook if warranted to cut up large, fallen trees. Mr. Barylski also indicated the Town does have some jurisdiction over streams and brooks being cleaned out of debris. The Town cannot enter onto private property of course, but could offer to the property owners/taxpayers a cleanup day with town trucks available on the side of the road to haul debris away. Mr. Barylski commented on the width of Smith Brook. The widening could be due to the fact that someone has widened it or because something natural has happened. The stream becomes unbalanced due to fallen trees, undersized culverts, and debris that have traveled from upstream. To prevent unbalanced streams, property owners along the streambed must remove large rooted, dying, or dead trees, or any kind of debris before heavy rains or flooding occurs. Mike Smith, a property owner along Smith Brook, presented a slide show of the flooded brook and the damage that occurred. The slides showed trees that had fallen and blocked the natural flow of the brook causing the brook to flow outside its perimeter. After the slide show, Supervisor Tupper informed those in attendance the Town is communicating with the County, FEMA, DEC, Army Corp of Engineers, Senator Seward, and Congressman Arcuri regarding the flooding issue with ways to resolve the flooding. Tim Neff questioned the status of the removal of the walk bridge. Attorney Folmer stated he is drafting a contract to be presented to the Town Supervisor and Town Board for their review and approval. Once the Town is comfortable with the contract it will be submitted to the Mayor and Village Attorney of McGraw. 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 7:00 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 on October 30, 2009. The final version of this meeting was approved as written at the Town Board meeting of November 4, 2009