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Home My WebLink About11-04-2009367 NOVEMBER 04, 2009 5:00 P.M. PUBLIC HEARING NO. 1 2010 PRELIMINARY BUDGET 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 2010 Preliminary Budget. Members present: Supervisor, Richard Tupper Councilman, Theodore Testa Councilman, Ronal L. Rocco Councilman, Gregory Leach Town Clerk, Karen Q. Snyder, RMC Absent: Councilman, John Proud Others present were: Town Attorney, John Folmer; Town Highway Sup't., Carl Bush; Town Bookkeeper, Marcia Hicks; Town residents: Barbara Tupper, Katrina Martin, Tim Neff, News Reporter, Tom Wanamaker from the Cortland Standard; and Sharon Stevans for Channel 2, Access TV. Supervisor Tupper called the Public Hearing to order. Town Clerk, Karen Q. Snyder read aloud the Legal Notice as published, posted and filed. Supervisor Tupper commented that about $1 million in adjustments were made from the tentative budget to the preliminary budget. Reductions were made to General Fund A, General Fund B, the Highway fund, and the Water & Sewer funds. The total tax levy for 2010 is approximately $11,000 more than it was in 2009. However, due to the assessment growth in the Town, the Town tax rate for 2010 would remain the same as the 2009 tax rate of $3.68. The Village tax rate will be $1.72. Also, both the water and sewer benefit tax rates would decrease from the 2009 rates because the Town paid down some of its bonds. Supervisor Tupper mentioned that the Town received the Cortlandville Fire District's operating budget for 2010. The Fire District's tax rate would remain the same as the 2009 tax rate. Supervisor Tupper thanked Bookkeeper, Marcia Hicks and Members of the Board for their work on the budget, while the Board thanked Supervisor Tupper for his hard work. Supervisor Tupper offered privilege of the floor to those in attendance. Katrina Martin, town resident, apprised the Board she reviewed the proposed 2010 Budget and felt there were some "big jumps" from 2008 to 2010, and suggested a few lines in the budget could be reviewed. According to her review, there were a few accounts that did not spend the projected amount one year, however the same amount was included the following year. She pointed out an increase in the Records Management 1460.4 account from $225 in 2009 to $7,500 in 2010 and requested an explanation. Supervisor Tupper explained there is a line in the budget called "unexpended balance" which is money not spent that rolls over to the following year to reduce the tax levy. On another note, Ms. Martin understood that every town has its own historian and questioned whether there was a way to have a countywide historian to save taxpayer money. Councilman/Historian Rocco apprised Ms. Martin that he is the current Town Historian and does not get paid. He explained there was a line item in the budget for the historian's salary in the event that he cannot or does not continue the position. Funds are available for supplies and other expenses incurred by the Historian. Councilman Rocco explained several projects that he is working on as historian, and felt it would be very difficult to have one historian for the county. Ms. Martin understood, but suggested there may be some areas of the budget that could be looked at again. Regarding Ms. Martin's question about Records Management, Bookkeeper, Marcia Hicks explained that $7,500 was budgeted for things such as shredding records, supplies, and the restoration of a 1955 zoning map. No further comments or discussion were heard. The Public Hearing was closed at 5:20 p.m. NOVEMBER 04, 2009 5:20 P.M. PUBLIC HEARING NO. 2 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 L. Rocco Councilman, Gregory Leach Town Clerk, Karen Q. Snyder, RMC Absent: Councilman, John Proud Others present were: Town Attorney, John Folmer; Town Highway Sup't., Carl Bush; Town Bookkeeper, Marcia Hicks; Town residents: Barbara Tupper, Katrina Martin, Tim Neff, News Reporter, Tom Wanamaker from the Cortland Standard; and Sharon Stevans 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 explained he received a phone call from Thoma Development Consultants requesting the Board recess the Public Hearing to November 18, 2009. The applicants were not yet ready to go public. No further comments or discussions were heard. The Public Hearing was recessed to November 18, 2009 at 5:00 p.m. The Public Hearing was recessed at 5:22 p.m. 1 1 13(09 NOVEMBER 04, 2009 5:22 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, Gregory Leach Town Clerk, Karen Q. Snyder, RMC Absent: Councilman, John Proud Others present were: Town Attorney, John Folmer; Town Highway Sup't., Carl Bush; Town Bookkeeper, Marcia Hicks; Town residents: Barbara Tupper, Katrina Martin, Tim Neff; News Reporter, Tom Wanamaker from the Cortland Standard; and Sharon Stevans for Channel 2, Access TV. Supervisor Tupper called the meeting to order. Councilman Testa made a motion, seconded by Councilman Rocco, to approve the Town Board Minutes of September 2, 2009, September 16, 2009, and the Special Town Board Minutes of October 5, 2009, as written. All voting aye, the motion was carried. Councilman Rocco made a motion, seconded by Councilman Leach, to receive and file the Cortlandville Planning Board Minutes of July 28, 2009, and the Cortlandville Zoning Board of Appeals Minutes of July 28, 2009, and August 25, 2009. All voting aye, the motion was carried. The Draft Town Board Minutes of October 7, 2009 were presented to the Board for their review. RESOLUTION #164 AUTHORIZE PAYMENT OF VOUCHERS —NOVEMBER Motion by Councilman Testa Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED BE IT RESOLVED, the vouchers submitted have been audited and shall be paid as follows: General Fund A Vouchers #676 - 691 $ 16,256.29 General Fund B B230 - B240 $ 5,162.40 Highway Fund DB D411 - D425 $ 88,700.27 Special Grants CD27 - CD29 $ 6,900.89 Water Fund W277 - W292 $ 98,345.09 Sewer Fund S l l l- S 114 $ 80,436.87 Supervisor Tupper offered privilege of the floor to those in attendance, however no requests were made. Councilman Testa made a motion, seconded by Councilman Rocco, to receive and file the adopted 2010 Operating Budget of the Cortlandville Fire District, as well as correspondence from Scott Roman, District Treasurer, dated November 4, 2009, regarding the budget for the Fire District. All voting aye, the motion was carried. Monthly reports of the Code Enforcement Office, Town Clerk, Town Supervisor, and the Water & Sewer Department for the month of October 2009 were on the table for review and are filed in the Town Clerk's office. 37 D NOVEMBER 04, 2009 TOWN BOARD MEETING PAGE 2 Attorney Folmer Reported: Polkville Waterline Extension Project: Attorney Folmer reported that he was waiting for the legal descriptions of properties to prepare easements required for the Polkville Waterline Extension Project. The Town has to enter into a "water purchase agreement" with the City of Cortland. Negotiations concerning the financial aspects of that agreement were underway. Notice of Claim: Attorney Folmer made reference to the Notice of Claim that would be received and filed later in the meeting, regarding damages suffered in the Village of McGraw as the result of flooding. He requested Town Clerk Snyder forward the claim to the Town's insurance company. Proposed Contract with the Village of McGraw — Pedestrian Bridge: Attorney Folmer informed the Board the Village of McGraw had not yet responded to the Town's proposal for removing the pedestrian bridge in the Village of McGraw. Marcellus Shale: Attorney Folmer reported that Marcellus Shale was discussed at the recent BAR Association meeting. It was suggested that the NYS DEC extend the comment period 180 days with regard to the Supplemental Generic Environmental Impact Statement (SGEIS), which was over 800 pages in length. Attorney Folmer hoped the Board would join with other municipalities in adopting the resolution that was being circulated statewide. RESOLUTION #165 REQUEST THE NYS DEPARTMENT OF ENVIRONMENTAL CONSERVATION LENGTHEN THE COMMENT PERIOD TO 180 DAYS WITH REGARD TO THE DRAFT SUPPLEMENTAL GENERIC ENVIRONMENTAL IMPACT STATEMENT (SGEIS) FOR POTENTIAL NATURAL GAS DRILLING ACTIVITIES IN THE MARCELLUS SHALE FORMATION Motion by Councilman Rocco Seconded by Councilman Testa VOTES: ALL AYE ADOPTED WHEREAS, on September 30, 2009, the NYS Department of Environmental Conservation issued a draft Supplemental Generic Environmental Impact Statement (SGEIS) for potential natural gas drilling activities in the Marcellus Shale formation, allowing a 60 day public comment period and four public hearings, and WHEREAS, given that the SGEIS is an 800 plus page document, 60 days is too short a time period to allow the public and appointed and elected officials to have adequate time to read, study, and comment on this lengthy document, with the added fact that many people in rural areas do not have access to high speed internet making access over the internet impossible, and given that paper copies were not available for 10 days after the internet posting of the SGEIS which means only 50 days allowed for comment by people without high speed internet access, and WHEREAS, four public hearings is inadequate to fully allow the public to participate, now, therefore BE IT RESOLVED, that the Cortlandville Town Board strongly urges NYS DEC to lengthen the comment period to 180 days to allow citizens and officials adequate time to read and assess the document and compose appropriate comments, and be it further RESOLVED, that additional hearings be held around the state, especially in the counties affected, so that everyone has a chance to participate and to hear the testimony, and be it further 1 1 371 NOVEMBER 04, 2009 TOWN BOARD MEETING PAGE 3 RESOLVED, that a copy of Commissioner Alexander B. Assemblywoman Barbara Lifton. this resolution shall be sent to Governor David Paterson, Grannis, NYS DEC, Senator James L. Seward, and Supervisor Tupper requested Board approval for a new policy for locking the doors and setting the security alarm at the Raymond G. Thorpe Municipal Building. The Town has few written policies in place for employees and Department Heads to follow. He explained that more procedures would be formalized in the future to acknowledge procedures that employees must follow. RESOLUTION #166 ADOPT PROCEDURE FOR LOCKING THE MAIN DOORS AND SETTING THE SECURITY ALARM AT THE RAYMOND G. THORPE MUNICIPAL BUILDING AS TOWN POLICY Motion by Councilman Rocco Seconded by Councilman Leach VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby adopt the Procedure for Locking the Main Doors and Setting the Security Alarm at the Raymond G. Thorpe Municipal Building, as Town policy, and it is further RESOLVED, that each Town employee shall be provided with a copy of the policy to be inserted into their Town of Cortlandville Employee Handbook. PROCEDURE FOR LOCKING THE MAIN DOORS AND SETTING THE SECURITY ALARM AT THE RAYMOND G. THORPE MUNICIPAL BUILDING The two main corridor doors to the Raymond G. Thorpe Municipal Building will be locked daily at 4:30 p.m. by 2 people from the designated/scheduled department as listed below. Town Court Clerks: January - April Town Clerk's Office: May - August Town Supervisor*: September - December (*including Supervisor's office/Bookkeeper/Assessor's office/Code Enforcement office) It is the responsibility of the department scheduled to lock the doors to make arrangements for a back-up in the event that only 1 employee is available to lock the doors. It is also the responsibility of the department scheduled to lock the doors to check the Town's master calendar for events/meetings being held at the RGTMB. For example, the doors shall not be locked when a Town Board Meeting is being held at 5:00 p.m. • The 2 people locking the doors, as decided by his/her department head, will verbally announce that the doors are being locked to the other departments. • One person will lock the door, while the other person will double-check that the door is in fact locked. • Each department/employee is responsible for locking his/her office door when leaving, which includes lowering/locking the security gates (when applicable). • The Security Alarm will be set by the last person or department left in the building. This is often confusing because there are three exit doors with keypads for the alarm. In order to determine the last person to leave the building, the corridor lights to each department will be turned off by the last person to leave his/her respective area as described below: o Supervisor/Bookkeeper/Assessor/Code Enforcement— will turn the back corridor light off, including the copy room, when leaving the building. If the Town Clerk's Office remains in the building, the main corridor light will remain on. If the Town Clerk's office has left, the main corridor light must be turned off. If the Court Clerk's have left, their security gate will be closed, the office doors will be shut, and the lights will be off The security alarm must be set. 37Z NOVEMBER 04, 2009 TOWN BOARD MEETING PAGE 4 o Town Clerk's Office - will turn the main corridor light off when leaving, as long as all employees have left on the Supervisor's end. If an employee remains on the Supervisor's end, no lights will be turned off, which will be a way to inform the Court Clerks that they should not set the alarm when they leave. If the back corridor light is off, and the Court Clerk's lights/security gate/office doors are off/closed, the Town Clerk's Office will set the alarm. o Town Court Clerks - will turn off all lights in Court offices, including the corridor lights between the main corridor and their office. Until the Court Clerks are ready to leave, the security gate inside the office will remain up and the door will remain open. When ready to leave, the security gate will be lowered and the office doors will be closed. If the main corridor light is still on, do not set the alarm as employees remain on the other side of the building. If the main corridor light is off, proceed to set the alarm when leaving. *Note: The Court Clerks are responsible for their Private Entrance/Exit Door, and are required to ensure that it is locked every evening before leaving the building. Use of the private door throughout the day, which is also an emergency exit, is at the discretion of the Town Justice. ® Complaints shall be directed to your Department Head. RESOLUTION #167 AUTHORIZE APPROVAL REQUEST OF IRENE DARBY FOR THE 2008 HOME GRANT — SENIOR HOUSING REHABILITATION PROGRAM Motion by Councilman Rocco Seconded by Councilman Leach VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby authorize the approval request of Irene Darby, for property located at 4054 Highland 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, plumbing, windows & doors, masonry, electric, painting, roofing, heating, insulation and other, for a total of $25,000.00. RESOLUTION #168 AUTHORIZE APPROVAL REQUEST OF BETTY FISK FOR THE 2008 HOME GRANT — SENIOR HOUSING REHABILITATION PROGRAM Motion by Councilman Rocco Seconded by Councilman Leach VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby authorize the approval request of Betty Fisk, for property located at 4437 Route 41 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 heating, plumbing, siding, windows & doors, electric, painting, roofing, and exterior carpentry for a total of $26,090.00. RESOLUTION #169 AUTHORIZE APPROVAL REQUEST OF GRACE HEDLUND FOR THE 2008 HOME GRANT — SENIOR HOUSING REHABILITATION PROGRAM Motion by Councilman Rocco Seconded by Councilman Leach VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby authorize the approval request of Grace Hedlund, for property located at 805 Lamont Circle 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 plumbing, roofing, windows & doors, masonry, heating and other, for a total of $20,710.00. F-� 1 I 373 NOVEMBER 04, 2009 TOWN BOARD MEETING PAGE 5 RESOLUTION #170 TABLE REQUEST FROM THE CORTLANDVILLE FIRE DISTRICT FOR RELIEF OF ALL PERMIT FEES ASSOCIATED WITH THE UPCOMING FIRE STATION #2 BUILDING PROJECT Motion by Councilman Testa Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby table the request of the Cortlandville Fire District for relief of all permit fees associated with the upcoming Fire Station 42 building project until the November 18, 2009 Town Board Meeting to allow time for Attorney Folmer to review the statutory authority, and be it further RESOLVED, correspondence from Scott Roman, Treasurer of the Cortlandville Fire District, dated November 4, 2009, is hereby received and filed. RESOLUTION #171 ACKNOWLEDGE RECEIVING NOTICE OF CLAIM FOR PROPERTY DAMAGE Motion -by Councilman Testa Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby acknowledge, by receiving and filing, the Notice of Claim for property damage and loss sustained by James Norton and Andrew J. Hoffman, for property located at 24 Spring Street, Village of McGraw, Town of Cortlandville. RESOLUTION #171a ACKNOWLEDGE RECEIVING NOTICE OF DEFECT AND/OR HAZARDOUS CONDITION Motion by Councilman Testa Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby acknowledge, by receiving and filing, the Notice of "the existence of a defect and/or hazardous condition located in the vicinity of Smith Brook in the Village of McGraw" involving the pedestrian bridge across Smith Brook, from James Norton, dated October 30, 2009. There was discussion regarding correspondence from the Cortland County Health Department (CCHD) and requirements to connect to public sewer. Supervisor Tupper submitted a letter to the CCHD regarding an issue of odor from septic systems in the Highland Road area, as well as a letter from Mr. and Mrs. VanDusen, 841 Gwen Lane. The CCHD noted that both the Town Zoning Code and the County Sanitary Code require that "once a community sewage system becomes available to a dwelling, the dwelling shall be connected to that system within 90 days after notice and immediately thereafter, the use of any other sewage treatment system will be discontinued." The CCHDs letter continued to state that the Town "continues to allow some residents to be out of compliance with town zoning and with the County Sanitary Code ...." The Board of Health requested the Town notify them of plans to enforce town zoning and to comply with the County Sanitary Code. Councilman Testa made a motion, seconded by Councilman Leach, to receive and file correspondence from the Cortland County Health Department, dated November 3, 2009, responding to Supervisor Tupper's letter dated August 24, 2009 regarding an issue of odor from septic systems in the Highland Road area, and connection to public sewer. All voting aye, the motion was carried. 37q NOVEMBER 04, 2009 TOWN BOARD MEETING PAGE 6 Supervisor Tupper questioned whether there was anything else to come before the board. Councilman Testa questioned the status of a traffic signal at the intersection of Route 222 and Fairview Drive/Highland Road. The Town requested the NYS DOT install a flashing light at the intersection. After the DOT's formal investigation, they agreed to install a 3-way traffic signal at the intersection. The new signal would be installed in 2010. Supervisor Tupper informed the Board he received a complaint from a town resident regarding property owners raking leaves into the roadway. Councilman Rocco suggested that Highway Sup't. Bush could publish a notice in the newspaper advising residents that the Town does not remove yard refuse/debris. New residents may not be aware that the Town does not remove leaves and yard debris from the curbside like the City of Cortland and Village of Homer do. Attorney Folmer questioned whether "No Dumping" signs had been installed in all cul- de-sacs of the Town. Supervisor Tupper indicated that they were not. No further comments or discussion were heard. The meeting was adjourned at 5:45 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 tie Town Board meeting of April 7, 2010. 1