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HomeMy WebLinkAbout10-21-20093G2 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. 3GZ1 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. 363 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. 36� 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. 3G5- 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 3G(0 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. 1