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OCTOBER 21, 2009
5:00 P.M.
PUBLIC HEARING NO. 1
2010 SMALL CITIES COMMUNITY
DEVELOPMENT BLOCK GRANT 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
an application to New York State for funding under the federal Small Cities Community
Development Program, with a maximum funding request of $750,000.00.
Members present: Supervisor, Richard Tupper
Councilman, Theodore Testa
Councilman, Ronal Rocco
Councilman, John Proud
Councilman Gregory Leach
Town Clerk, Karen Q. Snyder, RMC
Others present were: Town Attorney, John B. Folmer; Town Highway Sup't. Carl Bush;
Tim Neff; Tom Huttleston; Bernie Thoma From Thoma Development Consultants; Michelle
Phelps from the Cortland Sports Council; News Reporter Tom Wanamaker from the Cortland
Standard; Sharon Stevens 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 Bernie Thoma.
Bernie Thoma, from Thoma Development Consultants, presented the Board with the
Citizen Participation Plan that must be prepared by municipalities that wish to participate in the
Small Cities program. Mr. Thoma explained that this was the first of two required public
hearings. The applicant would be announced at the second public hearing, which would be held
November 4, 2009. Mr. Thoma was available to answer any questions regarding the Small Cities
program.
No further comments or discussions were heard.
The Public Hearing was closed at 5:05 p.m.
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OCTOBER 21, 2009 5:05 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 B. Folmer; Town Highway Sup't. Carl Bush;
Tim Neff, Tom Huttleston; Bernie Thoma From Thoma Development Consultants; Michelle Phelps
from the Cortland Sports Council; News Reporter Tom Wanamaker from the Cortland Standard;
Sharon Stevens for Channel 2, Access TV.
Supervisor Tupper called the meeting to order.
Councilman Rocco made a motion, seconded by Councilman Leach, to approve the Town
Board Minutes of August 5, 2009 as written. All voting aye, the motion was carried.
The draft Town Board Minutes of September 16, 2009, and the final Town Board Minutes
of August 19, 2009, were presented to the Board for their review.
RESOLUTION #157 AUTHORIZE PAYMENT OF VOUCHERS — OCTOBER
Motion by Councilman Rocco
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 #650 - 675
$139,030.04
General Fund B
B221 - B229
$ 3,189.95
Highway Fund DB
D387 - D410
$127,242.35
Trust & Agency
T33 - T35
$ 25,684.78
Water Fund
W258 - W276
$ 90,751.89
Sewer Fund
S 104 - S 110
$ 2,444.92
Supervisor Tupper offered privilege of the floor to Michelle Phelps from the Cortland
Sports Council.
On behalf of the Cortland County Youth Soccer Association, Michelle Phelps presented
the Board with a check for $5,000 for further development of the Ted Testa Park. The check was
the second portion of their pledge, which totaled $10,000. Ms. Phelps thanked the Board for
their support.
The monthly report of the Town Justice for the month of September 2009 was on the
table for review and was filed in the Town Clerk's office.
Councilman Testa requested an update on the flooding of Smith Brook in the Village of
McGraw.
Supervisor Tupper informed those in attendance that Attorney Folmer submitted a letter
to the Village Mayor and Attorney on behalf of the Town regarding the removal of the pedestrian
bridge. A response had not yet been received.
Councilman Rocco apprised the Board he was in contact with Mike Smith from the
Village, who reported that after the DEC's approval, he cleaned out as much debris from the
stream as possible and was planning to ask for permission to do "rip -rapping." Councilman
Rocco planned to visit Joe Johnson from Congressman Arcuri's office, and would ask Mr.
Johnson to visit Smith Brook and to assist the Town with receiving federal funding.
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OCTOBER 21, 2009 TOWN BOARD MEETING PAGE 2
Attorney Folmer added that the bill submitted by Mr. Neff at the October 7, 2009 Town
Board Meeting would be forwarded to the Town's insurance company by Town Clerk Snyder to
determine if there was coverage.
RESOLUTION #158 SCHEDULE PUBLIC HEARING REGARDING THE 2010
PRELIMINARY BUDGET
Motion by Councilman Proud
Seconded by Councilman Rocco
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, a Public Hearing is hereby scheduled to be held on November 4, 2009 at 5:00
p.m. regarding the 2010 Preliminary Budget, and it is further
RESOLVED, that 10 copies shall be made available for distribution to the public on November 1,
2009.
RESOLUTION #159 SCHEDULE DATE TO ADOPT 2010 PRELIMINARY
BUDGET AS THE 2010 ADOPTED BUDGET
Motion by Councilman Proud
Seconded by Councilman Leach
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board shall adopt the 2010 Preliminary Budget as the 2010 Adopted
Budget at the Regular Town Board Meeting on November 18, 2009 at 5:00 p.m.
Attorney Folmer reported that the McGraw High School Girls Soccer Team completed its
2009 season as undefeated, untied, and un-scored against, in each of its 16 games. The Board
congratulated the girls on their outstanding achievement. Supervisor Tupper would send a
congratulatory card to the team on behalf of the Town.
Councilman Proud made a motion, seconded by Councilman Testa, to receive and file
correspondence from Chad G. Hume, Director, State of New York Department of Public
Services, regarding the expiration of the Temporary Operating Authority under which Time
Warner -Syracuse Division has been providing services in the Town of Cortlandville, and the
franchise renewal process. All voting aye, the motion was carried.
There was a brief discussion regarding the welcome signs/business signs the Board
proposed for the intersections of Route 281 and McLean Road. According to correspondence
from the NYS DOT, the Town cannot put a sign advertising businesses on state property,
however a welcome sign was permitted. The Town intended to construct a sign stating
"Welcome to the Town of Cortlandville Business District" as well as a sign advertising
businesses within the district. The Town would have to find an alternate location to place a sign
advertising businesses. The Board would review the guidelines provided by the NYS DOT for a
decorative gateway sign.
Councilman Proud made a motion, seconded by Councilman Leach, to receive and file
correspondence from Kathleen M. Plantz, Real Estate Specialist 1, State of New York
Department of Transportation, dated October 7, 2009, regarding the Town's request to erect two
signs at the intersection of NYS Route 281 and McLean Road, and the NYS DOT's program for
"Decorative Community Gateway Signs and/or Landscaping". All voting aye, the motion was
carried.
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OCTOBER 21, 2009 TOWN BOARD MEETING PAGE 3
There was discussion regarding the correspondence/petition received from the Ukrainian
Pentecostal Church regarding its tax-exempt status. Supervisor Tupper believed the letter was in
regard to the Town's Fire Inspection Fee and the separation of church and state. In 2008
controversy arose regarding the fire inspections. The Town is not conducting fire inspections in
churches or billing them.
Councilman Proud made a motion, seconded by Councilman Testa, to receive and file
correspondence and a petition from members of the congregation at the Ukrainian Pentecostal
Church, dated September 11, 2009, regarding the church's state and federal tax exempt status,
and the imposition of special levies and assessments on religious or charitable organizations. All
voting aye, the motion was carried.
There was discussion regarding the Final Report for Phase I Monitoring of the Otter -Dry
Creek Aquifer. Councilman Proud questioned whether there was a plan for successive stages.
Supervisor Tupper indicated that at this time he was waiting for the proposed cost of Phase II
Monitoring and to see who would be participating.
Councilman Proud made a motion, seconded by Councilman Leach, to receive and file
the Final Report for the Phase I Monitoring of the Otter -Dry Creek Aquifer, dated October 2009,
prepared by Cortland County Soil and Water Conservation District, as well as correspondence
from Amanda Barber, District Manager, Cortland County Soil and Water Conservation District,
dated October 9, 2009. All voting aye, the motion was carried.
Councilman Proud mentioned that there was a lot of talk on the Internet regarding the
Marcellus Shale and the effect it may have on water wells or aquifers. The Board adopted a
resolution at the October 7, 2009 Town Board Meeting regarding the Marcellus Shale.
Councilman Proud questioned whether there was any coordination between the counties and the
municipalities as this was not just a Cortlandville/Cortland County issue.
Supervisor Tupper indicated that other municipalities adopted a similar resolution, and
understood that other municipalities were asking for an extension to review the supplemental
environmental review, which was approximately 500 pages long.
Attorney Folmer apprised the Board he would be attending a workshop titled "Marcellus
Shale 101" at the upcoming BAR Association meeting. He would report back to the Board at a
later date.
RESOLUTION #160 REFER AQUIFER PROTECTION PERMIT APPLICATION
SUBMITTED BY THE CORTLANDVILLE FIRE DISTRICT TO
THE TOWN AND COUNTY PLANNING BOARDS FOR
REVIEW AND RECOMMENDATIONS
Motion by Councilman Proud
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Aquifer Protection Permit application submitted by the Cortlandville
Fire District, for property located at 3757 NYS Route 11, tax map 497.02-01-05.200, shall be
referred to the Town and County Planning Boards for their review and recommendations, and it
is further
RESOLVED, the Aquifer Protection Permit application of the Cortlandville Fire District is
hereby received and filed.
Councilman Proud made a motion, seconded by Councilman Rocco, to receive and file
correspondence from the Empire State Development Corporation, dated October 6, 2009,
congratulating the Town on being awarded the Restore NY grant for the Cortlandville Cultural
Gateway Project (Brockway Museum), in the amount of $300,000. and an update on the next
\ steps in the Empire State Development Corporation's grant process. All voting aye, the motion
was carried.
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OCTOBER 21, 2009 TOWN BOARD MEETING PAGE 4
RESOLUTION #161 AUTHORIZE APPROVAL REQUEST OF RUTH INGRAHM
FOR THE 2008 HOME GRANT — SENIOR HOUSING
REHABILITATION PROGRAM
Motion by Councilman Proud
Seconded by Councilman Rocco
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize the approval request of Ruth
Ingrahm, for property located at 1372 E. River 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 windows & doors, electric, interior
carpentry, and other, for a total of $21,950.00.
There was discussion regarding the job description for the "Assistant Code Enforcement
Officer" for the Town of Cortlandville. The Board created the title Assistant CEO by resolution
on May 20, 2009. The County Civil Service office, with the help of CEO Williams, created the
job description for the new title, which would be submitted to Albany in order for a civil service
test to be designed specifically around the job description. The tentative exam date was on or
around May 1, 2010.
Councilman Testa made a motion, seconded by Councilman Rocco, to receive and file
the job description "Assistant Code Enforcement Officer" for the Town of Cortlandville from the
Cortland County Personnel/Civil Service Department. All voting aye, the motion was carried.
RESOLUTION 4162 AUTHORIZE SUPERVISOR TO SIGN PROPOSAL FROM
THOMA DEVELOPMENT CONSULTANTS FOR GRANT
WRITING SERVICES FOR A RURAL DEVELOPMENT
APPLICATION — WASTE WATER PROGRAM
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 the
proposal from Thoma Development Consultants for grant writing services relating to a Rural
Development application for the construction of new sewers along Tompkins Street and Route
13, and it is further
RESOLVED, the fee for grant writing services will be based on Thoma Development
Consultants' current Grant Writing Service Contract.
Supervisor Tupper explained that the grant application was for new sewers along Route
13, from the former Golden Skillet restaurant to the Cortland City line. Clough Harbour &
Associates, LLP completed the engineering for the proposed project, and suggested the Town
utilize Thoma Development Consultants to complete the grant writing for the project because
they were more familiar with personal Town information.
RESOLUTION #163 AUTHORIZE SUPERVISOR TO SIGN PROPOSAL FROM
THOMA DEVELOPMENT CONSULTANTS FOR GRANT
WRITING SERVICES FOR THE 2010 SMALL CITIES
COMMUNITY DEVELOPMENT BLOCK GRANT HOUSING
APPLICATION
Motion by Councilman Leach
Seconded by Councilman Rocco
VOTES: ALL AYE ADOPTED
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OCTOBER 21, 2009 TOWN BOARD MEETING PAGE 5
BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to sign the
proposal from Thoma Development Consultants for grant writing services relating to the 2010
Small Cities Community Development Block Grant Housing Application, for an amount not to
exceed $5,300.00.
Supervisor Tupper explained that the 2010 Small Cities CDBG application would be for
low-income senior citizens in the Town of Cortlandville and the Village of McGraw. The Town
was successful with past CDBG housing applications.
Councilman Proud made a motion, seconded by Councilman Leach, to receive and file
the Town of Cortlandville's application for funding under the Water Quality Improvement
Project Program — "Route 13 Sewage Transmission Line Upgrade" prepared by Thoma
Development Consultants, dated October 16, 2009. All voting aye, the motion was carried.
Attorney Folmer recalled that the Board approved a contract with Clough Harbour &
Associates for engineering services relating to the Polkville Waterline Extension project. The
contract was subject to review by Attorney Folmer and Supervisor Tupper. Attorney Folmer had
a question regarding termination of the contract in the event the Town's grant application is
denied. The contract was revised to read: "In the event the grant is denied the contract is
terminated. Clough Harbour will be paid only for those services rendered prior to termination."
Attorney Folmer received the revised contract, which Supervisor Tupper executed and returned
to CHA.
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,
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 November 18, 2009.
The final version of this meeting was approved as written at the Town Board meeting ofA_pril 7, 2010.
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