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HomeMy WebLinkAbout11-18-20093 75- NOVEMBER 18, 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 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; Representatives from Cortland County BDC/IDA: Garry VanGorder, Executive Director, Karen Niday, Empire Zone Director/CFO, and Paul Slowey; Ann Hotchkin from Thoma Development Consultants; Town Residents: Barbara Tupper, Tim Neff, News Reporters, Tom Wanamaker from the Cortland Standard, and Eric Mulvihill from WXHC; and Sharon Stevans for Channel 2, Access TV. Supervisor Tupper called the Public Hearing to order, which was recessed from the November 4, 2009 Town Board Meeting. Ann Hotchkin, from Thoma Development Consultants, introduced Garry VanGorder, Karen Niday, and Paul Slowey from the Cortland County BDC/IDA, who were in attendance to answer any questions regarding the applicant. Mrs. Hotchkin explained that the second required Public Hearing on November 4, 2009 was recessed to the November 18, 2009 meeting because the applicant's purchase offer.had not yet been accepted. Mrs. Hotchkin announced that the applicant requesting economic development funding was Pyrotek Inc., "a leading international company supplying aluminium, foundry, glass, zinc, steel, sound and hearth customers with performance improving technical products, integrated processing systems and consulting services worldwide." Pyrotek has been privately owned since 1956, and has 66 locations in 31 countries. Pyrotek acquired Thermal Systems America located in Canastota, NY in March 2004. As demand has grown, Pyrotek has exceeded the 38,000 sq. ft. building in Canastota and has contracted with Monarch Machine Tool to purchase the 140,000 sq. ft. building located at 641 Route 13 in the Town of Cortlandville. Anticipating continued growth of the business, Pyrotek planned to create 53 new jobs within 2 years. Pyrotek already employs 39 people at the Canastota facility. Per the requirements of the CDBG, at least 51% of the jobs would have to be for low to moderate incomes. Mrs. Hotchkin explained the CDBG application would be asking for funding in the amount of $515,000, of which $500,000 would go towards equipment. Pyrotek anticipated closing on the property in January 2010. Supervisor Tupper questioned whether the application was for a grant or a loan, and whether any loans were available. Mrs. Hotchkin explained the application was for a grant. Councilman Rocco questioned whether the purchase of the Monarch Machine Tool property was contingent on receipt of the grant. Garry VanGorder, Executive Director of the Cortland County BDC/IDA, discussed the impact Pyrotek would have on the community. He apprised the Board that Pyrotek looked at many different facilities in New York as well as out of state. Pyrotek was attracted to the community because of the Monarch building. Pyrotek would bring well -paying jobs to the community, including fabricating jobs, and engineers. Within 36 months the company anticipated employing 110 people. Mr. VanGorder added that the business would be a nice addition to the entrance of the industrial park. Councilman Rocco questioned whether Pyrotek planned to use the entire Monarch building, and whether the current employees would transfer to the new facility. With Pyrotek's plans for growth, Mr. VanGorder explained it would use the entire facility. Pyrotek's current employees were well -aware of what was transpiring. As all 39 employees were offered the opportunity to relocate with incentives to do so. Supervisor Tupper stated the Town was very pleased, and agreed the facility would be an "anchor" for the industrial park. 37( NOVEMBER 18, 2009 PUBLIC HEARING NO. I PAGE 2 Mrs. Hotchkin added that in addition to new jobs, the relocation of the business to Cortlandville projected to bring an estimated $60,000 to $90,000 per year to Cortland County for lodging and meal expenses due to an increase of business related travel and entertainment expenditures to the area. No further comments or discussions were heard. The Public Hearing was closed at 5:15 p.m. 1 1 1 377 NOVEMBER 18, 2009 5:15 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; Representatives from Cortland County BDC/IDA: Garry VanGorder, Executive Director, Karen Niday, Empire Zone Director/CFO, and Paul Slowey; Ann Hotchkin from Thoma Development Consultants; Town Residents: Barbara Tupper, Tim Neff; News Reporters, Tom Wanamaker from the Cortland Standard, and Eric Mulvihill from WXHC; and Sharon Stevans for Channel 2, Access TV. Supervisor Tupper called the meeting to order. RESOLUTION #172 AUTHORIZE SUPERVISOR TO SIGN APPLICATION TO NEW YORK STATE FOR FUNDING UNDER THE FEDERAL SMALL CITIES COMMUNITY DEVELOPMENT PROGRAM FOR ECONOMIC DEVELOPMENT ASSISTANCE FOR _ PYROTEK INC. Motion by Councilman Rocco Seconded by Councilman Proud VOTES: ALL AYE ADOPTED WHEREAS, the Town Board of the Town of Cortlandville requested from Thoma Development Consultants assistance in regards to an application for funding under the Federal Small Cities Community Development Program for economic development assistance for Pyrotek Inc., for property located at 641 Route 13 in the Town of Cortlandville, and WHEREAS, Public Hearings were duly held on October 21, 2009, November 4, 2009, and November 18, 2009 by this Town Board, and WHEREAS, the Town Board believes it would be in the best interest of the Town to make application to the State for grant monies for economic development assistance, therefore BE IT RESOLVED, the Supervisor is hereby authorized and directed to file an application to New York State for funding under the federal Small Cities Community Development Program in an amount not to exceed $515,000, and it is further RESOLVED, the Supervisor is hereby authorized and directed to sign said application on behalf of the Town, and upon approval of said request to enter into and execute a project agreement with the State for such financial assistance to this Town. Councilman Proud made a motion, seconded by Councilman Leach, to receive and file the Cortlandville Planning Board Minutes of August 25, 2009. All voting aye, the motion was carried. The Draft Town Board Minutes of November 4, 2009 were presented to the Board for their review. 376 NOVEMBER 18, 2009 TOWN BOARD MEETING PAGE 2 RESOLUTION #173 AUTHORIZE PAYMENT OF VOUCHERS — NOVEMBER Motion by Councilman Proud 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 #692 - 727 $ 15,771.85 General Fund B B241 - B246 $ 2,195.06 Highway Fund DB D426 - D450 $ 18,530.28 Trust & Agency T36 - T37 $ 4,734.57 Water Fund W293 - W315 $ 20,048.59 Sewer Fund S 115 - S 121 $ 3,524.75 Capital Projects H9 - H15 $113,700.00 Supervisor Tupper offered privilege of the floor to those in attendance Councilman Rocco apprised the Board he took a tour of the Wal-Mart Supercenter construction site with CEO Tom Williams, and updated the Board on the progress. Tim Neff, Town resident, requested a copy of the correspondence submitted to the Village of McGraw by the Town regarding removal of the pedestrian bridge over Smith Brook in the Village. Supervisor Tupper indicated that a copy of the letter could be provided to Mr. Neff at the conclusion of the Town Board Meeting. He also indicated that the Mayor of the Village of McGraw had not yet responded to the correspondence. Mr. Neff also requested a copy of the directions for removal of the bridge. Highway Sup't. Bush would provide a copy of the directions to Mr. Neff. The monthly report of the Town Justice for the month of October 2009 was on the table for review and is filed in the Town Clerk's office. Under communications, Town Clerk Snyder apprised the Board she received correspondence from Governor David A. Paterson acknowledging receipt of the Board's adoption of Resolution #150 of 2009, regarding the Marcellus Shale. The Board requested the NYS DEC promulgate regulations to require that local governments be designated as involved agencies for SEQRA proceedings relating to natural gas permit applications. Supervisor Tupper informed the Board the NYS DEC extended the public comment period 30 days, with regard to the draft Supplemental Generic Environmental Impact Statement (SGEIS) for potential natural gas drilling activities in the Marcellus Shale formation. Along with other municipalities, the Town adopted Resolution #165 at the November 4, 2009 Town Board Meeting requesting the NYS DEC lengthen the comment period 180 days. Under old business, Supervisor Tupper reported that the traffic signal to be installed at the intersection of NYS Route 222 and Fairview Drive/Highland Road would be a 3-way traffic signal. There was confusion at the November 4, 2009 Town Board Meeting as to whether the signal would be a flashing light or a 3-way traffic signal. There was discussion regarding the request made by the Cortlandville Fire District for relief of all permit fees for the Fire Station #2 building project. Attorney Folmer determined the Cortlandville Fire District is a government agency that may be exempt from permit fees without setting precedent. RESOLUTION #174 AUTHORIZE WAIVING THE PERMIT APPLICATION FEES FOR THE CORTLANDVILLE FIRE DISTRICT- FIRE STATION #2 BUILDING PROJECT Motion by Councilman Rocco Seconded by Councilman Proud VOTES: ALL AYE ADOPTED 375 NOVEMBER 18, 2009 TOWN BOARD MEETING PAGE 3 WHEREAS, the Cortlandville Fire District requested the Town Board waive all fees for the Fire District's upcoming Fire Station 42 building project, and WHEREAS, the Board determined the Cortlandville Fire District to be a government agency that may be exempt from the permit application fees without setting precedent, therefore BE IT RESOLVED, the Town Board does hereby authorize waiving all permit application fees pertaining to the Fire District's upcoming Fire Station #2 building project, located on 3757 Route 11 in the Town of Cortlandville. Supervisor Tupper apprised the Board there were a few letters under old business to be received and filed that were discussed in the past. He stated that Town Clerk Snyder was trying to get "a paper trail" on letters sent and received. Town Clerk Snyder indicated it was necessary to receive and file the correspondence and to provide a copy to her for filing. In the event that the correspondence is requested under FOIL she will be able to provide it. Town Clerk Snyder indicated that the second letter to be received and filed was being requested by the USDA with regard to the Town's request for funding for the Polkville Waterline Extension project. Councilman Proud made a motion, seconded by Councilman Testa, to receive and file correspondence from Supervisor Tupper to John Helgren, Cortland County Health Department, August 24, 2009, as directed by the Board at the August 19, 2009 Town Board Meeting, regarding odor issues in the Highland Road area and connection to public sewer. All voting aye, the motion was carried. Councilman Proud made a motion, seconded by Councilman Testa, to receive and file correspondence from the New York State Department of Transportation, dated March 12, 2008, regarding the proposed Polkville Waterline Extension as discussed at the March 19, 2008 Town Board Meeting. All voting aye, the motion was carried. There was discussion regarding the 2010 Budget. Supervisor Tupper apprised those in attendance there were a few minor changes to the Preliminary Budget. The 2010 tax rates would be $3.68 for the Town (outside the Village) and $1.72 for the Village. Town Clerk Snyder and Assessor Briggs were working on the Water and Sewer Benefit Tax rate, which was projected to decrease. Members of the Board thanked Supervisor Tupper for his hard work on the budget. RESOLUTION #175 ADOPT THE TOWN BUDGET FOR FISCAL YEAR OF 2010 Motion by Councilman Testa Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED WHEREAS, on the 41h day of November, 2009 the Town Board of the Town of Cortlandville, held a Public Hearing on the Preliminary Budget and proposed amounts to be raised by the benefit tax on benefited properties in the Town Sewer Improvement District, approved by the Town Board, and filed with the Town Clerk for fiscal year commencing January 01, 2010, and having heard all persons in favor of, or against any items therein contained, therefore BE IT RESOLVED, the preliminary budget is hereby approved as filed, and the same is hereby adopted and established as the annual budget of this Town for the fiscal year beginning January 01, 2010, and such annual budget, as so adopted, is filed with the Town Clerk, and it is further RESOLVED, that the Town Clerk of this Town shall prepare and certify, as provided by law, duplicate copies of the annual budgets, hereby adopted, together with the assessment rolls for the benefit of improvement for the Water Fund and the Sewer Fund, adopted pursuant to Section 202-a of the Town Law and within five days thereof, deliver two copies to the Supervisor of the Town and the Supervisor shall present the copies of the annual budget to the Legislature of Cortland County within ten days after his receipt thereof from the Clerk. NOVEMBER 18, 2009 TOWN BOARD MEETING PAGE 4 Attorney Folmer Reported: Collateral Source Bill: Attorney Folmer apprised the Board the Town received an email from Barry P. Schwartz, Senior Counsel, Appeals Division, New York City Law Department, concerning the Collateral Source Bill (5.4080-A/A.7504-A), which was recently adopted by the New York State Legislature. The Collateral Source Bill is legislation that bars dual recovery for a municipal employee who is injured and could sue by a tort action. The Legislature passed the bill, however it still lacked the Governor's signature. The State Legislature asked municipalities for their support and to urge the Governor to sign the bill. Attorney Folmer added that the New York State Association of Towns has supported the Collateral Source Bill for years. The Board agreed the Collateral Source Bill was an important initiative and directed Supervisor Tupper to send a letter indicating the Town's support for the bill, urging the Governor to sign it. Town Clerk Snyder indicated that Mr. Schwartz requested a copy of the letter be sent to him as well. RESOLUTION #176 AUTHORIZE SUPERVISOR TO SUBMIT A LETTER OF SUPPORT FOR THE COLLATERAL SOURCE BILL TO GOVERNOR DAVID A. PATERSON Motion by Councilman Rocco Seconded by Councilman Proud VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to submit a letter of support to Governor David A. Paterson on behalf of the Town of Cortlandville, urging him to sign the Collateral Source Bill (5.4080-A/A.7504-A). Open Burning: Attorney Folmer apprised the Board he was informed by Councilman Rocco that the NYS Department of Environmental Conservation amended its regulations for open burning. In the previous version there was an exception for municipalities whose population was less than 20,000, however the restriction was removed. Councilman Rocco suggested the Town adopt a local law that would incorporate the NYS DEC's regulations. According to Planning/Zoning Officer, Bruce Weber the DEC's regulations are applicable within the State, and a separate enactment by the Town was not necessary. Attorney Folmer explained that Councilman Rocco's concern was for residents to have a vehicle by which they could be directed to the regulations. Without adopting a local law, Attorney Folmer explained that he asked Town Clerk Snyder to call the Town's publishing company, General Code, to ask if they would be willing to include open burning in the Index of the Town Code, as well as a notation that the NYS DEC should be contacted. Attorney Folmer added that Town Clerk Snyder already advises people to contact the DEC as well as the fire department with questions regarding open burning. Attorney Folmer would report back to the Board regarding the matter at a later date. Proposed Revised Zoning Ordinance: Attorney Folmer apprised the Board the revision to the Town Zoning Ordinance was in its final form. The target date for adoption of the revised Zoning Ordinance was January 1, 2010. Attorney Folmer requested the Board schedule a public hearing for December 16, 2009, which would allow time for the required legal notice to be published. RESOLUTION #177 SCHEDULE PUBLIC HEARING FOR LOCAL LAW— 2009 REVISED ZONING ORDINANCE FOR DECEMBER 16, 2009 Motion by Councilman Proud Seconded by Councilman Leach VOTES: ALL AYE ADOPTED 3 8.Z NOVEMBER 18, 2009 TOWN BOARD MEETING PAGE 5 BE IT RESOLVED, the Town Board does hereby schedule a Public Hearing regarding the enactment of a Local Law of 2009 that would revise the Zoning Code of the Town of Cortlandville, for December 16, 2009 at 5:00 p.m. at the Raymond G. Thorpe Municipal Building, and it is further RESOLVED, that the Board may vote on the proposed Revised Zoning Ordinance, in its entirety, after conducting the Public Hearing. Proposed Contract with the Village of McGraw — Pedestrian Bridge: Attorney Folmer apprised the Board he spoke with the Town's insurance company regarding the pedestrian bridge in the Village of McGraw. The insurance company felt the Town should consider liability and suggested the Town either 1) remove the bridge permanently, or 2) leave the bridge and have the Village provide a "hold harmless agreement" eliminating the Town's responsibility for the bridge. It was the insurance company's recommendation that the Town permanently remove the bridge. Attorney Folmer added that the Town had not received a response from the Mayor of the Village regarding the proposed contract for removal of the bridge. After discussion, which included giving the bridge to the Village, removal of the bridge when there is a threat, and removal of the bridge permanently, the Board agreed that a letter would be sent to the Village with the two new options. The Board also established the deadline of December 31, 2009 for a response from the Village. The deadline should give the Village adequate time to make a decision since the Board of Trustees meets two times per month. RESOLUTION #178 AUTHORIZE SUPERVISOR TO SEND A LETTER TO VILLAGE OF MCGRAW REGARDING THE PEDESTRIAN BRIDGE OVER SMITH BROOK 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 send a letter to the Mayor of the Village of McGraw regarding the pedestrian bridge over Smith Brook in the Village and a proposed course of action, and it is further RESOLVED, the letter shall indicate the deadline of December 31, 2009 for the Village to submit a response to the Town. Waterline Extension to Polkville: Attorney Folmer reported that the Town must obtain 9 easements for the waterline extension to Polkville, which he would work with the Town Clerk's office to accomplish. RESOLUTION #179 AUTHORIZE SUPERVISOR TO SIGN "EXTRA WORK AUTHORIZATION" FROM CLOUGH HARBOUR & ASSOCIATES REGARDING THE PROPOSED WATERLINE EXTENSION TO POLKVILLE 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 "Extra Work Authorization" from Clough Harbour & Associates regarding the proposed Waterline Extension to Polkville, for an amount not to exceed $22,100.00. 384 NOVEMBER 18, 2009 TOWN BOARD MEETING PAGE 6 Councilman Proud made a motion, seconded by Councilman Testa, to receive and file correspondence from O'Brien & Gere Engineers, Inc., dated October 21, 2009 as well as the Contract Documents/Drawings with revisions regarding the Fingerlakes East Business Park. All voting aye, the motion was carried. Regarding the Fingerlakes East Business Park, officials at the local DEC and Regional office in Albany have concerns with water demand at the proposed industrial park. It was stated by those officials the water demand could exceed the Town's pumping capacity. Attorney Folmer will recommend Mike Barylski be in touch with Peter Alteri, Water & Sewer Sup't. to discuss the issue. RESOLUTION #180 AUTHORIZE SUPERVISOR TO SIGN THE OWNER - OCCUPIED LOAN AGREEMENT BETWEEN THE TOWN AND RUTH INGRAHM FOR THE 2008 HOME GRANT SENIOR HOUSING REHABILITATION PROGRAM Motion by Councilman Rocco Seconded by Councilman Proud VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby authorize the Supervisor to sign the Owner - Occupied Loan Agreement between the Town of Cortlandville and Ruth Ingrahm, 1372 East River Road, Cortland, New York, for a 100% deferred loan for the 2008 HOME Grant - Senior Housing Rehabilitation Program in the amount of $21,950.00. RESOLUTION #181 AUTHORIZE SUPERVISOR TO SIGN THE OWNER - OCCUPIED LOAN AGREEMENT BETWEEN THE TOWN AND BETTY FISK FOR THE 2008 HOME GRANT SENIOR HOUSING REHABILITATION PROGRAM Motion by Councilman Rocco Seconded by Councilman Proud VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby authorize the Supervisor to sign the Owner - Occupied Loan Agreement between the Town of Cortlandville and Betty Fisk, 4437 Route 41, Cortland, New York, for a 100% deferred loan for the 2008 HOME Grant - Senior Housing Rehabilitation Program in the amount of $26,089.68. RESOLUTION #182 AUTHORIZE SUPERVISOR TO SIGN THE OWNER - OCCUPIED LOAN AGREEMENT BETWEEN THE TOWN AND GRACE HEDLUND FOR THE 2008 HOME GRANT SENIOR HOUSING REHABILITATION PROGRAM Motion by Councilman Rocco Seconded by Councilman Proud VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby authorize the Supervisor to sign the Owner - Occupied Loan Agreement between the Town of Cortlandville and Grace Hedlund, 805 Lamont Circle, Cortland, New York, for a 100% deferred loan for the 2008 HOME Grant - Senior Housing Rehabilitation Program in the amount of $17,335.00. Councilman Proud made a motion, seconded by Councilman Leach, to receive and file correspondence from Fiscal Advisors & Marketing, Inc., dated November 2, 2009, regarding the Town's Material Events Notice due to a rating change in the insurer(s) of various bonds issued by the Town. All voting aye, the motion was carried. NOVEMBER 18, 2009 TOWN BOARD MEETING PAGE 7 M Councilman Testa made a motion, seconded by Councilman Proud, to receive and file the finalized Flood Insurance Study (FIS) materials for Cortland County from the Federal Emergency Management Agency (FEMA), which include Flood Insurance Rate Map (FIRM) panels, a FIRM Index, and a FIS report. All voting aye, the motion was carried. RESOLUTION #183 AMEND THE 2009 BUDGET AND AUTHORIZE SUPERVISOR TO TRANSFER MONIES FROM THE WATER & SEWER OPERATING FUNDS TO CAPITAL PROJECTS Motion by Councilman Proud Seconded by Councilman Leach VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Supervisor is hereby authorized and directed to transfer $134,532.08 from the Water & Sewer Operating Funds to the following Capital Project Funds: HA - Vernon Drive/Starr Road Sewer $ 12,048.41 HC - NYS Route 13 Sewer Rehab $ 11,430.00 HB — NYS Route 281/McLean Rd. Water $ 8,030.45 HH — Polkville Waterline Extension $101,023.22 AND IT IS FURTHER, RESOLVED, the operating funds will be paid back for the NYS Route 13 Sewer Rehab and the Polkville Waterline Extension if and when the Town receives the bonds for the projects, and it is further RESOLVED, the 2009 Budget is hereby amended. There was discussion regarding the Town Board meeting schedule for 2010. Supervisor Tupper questioned whether the Board would rather conduct one meeting per month than two. Ultimately, the Board did not agree with reducing the number of meetings. No further comments or discussion were heard. The meeting was adjourned at 6:00 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 onDecember 16, 2009. The final version of this meeting was approved as written at the Town Board meetng of April 28, 2010. 11