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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.
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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.
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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.
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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
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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
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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.
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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.
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