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Home My WebLink About12-02-2009384 DECEMBER 2, 2009 5:00 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; Tim Neff, News Reporter, Scott Conroe from the Cortland Standard; and Sharon Stevans for Channel 2, Access TV. Supervisor Tupper called the meeting to order. RESOLUTION #184 AUTHORIZE PAYMENT OF VOUCHERS — DECEMBER Motion by Councilman Rocco Seconded by Councilman Leach VOTES: ALL AYE ADOPTED BE IT RESOLVED, the vouchers submitted have been audited and shall be paid as follows: General Fund A Vouchers #728 - 757 $246,259.46 General Fund B B247 - B251 $ 13,795.97 Highway Fund DB Trust & Agency D451 - D464 T38 - T38 $100,252.95 $ 20,679.21 Special Grants CD30 - CD34 $ 32,606.00 Water Fund W316 - W330 $ 12,775.55 Sewer Fund S122 - S127 $141,810.51 Supervisor Tupper offered privilege of the floor to those in attendance, although no requests were made. The monthly reports of the Code Enforcement Office, Town Clerk, Supervisor, and Water & Sewer Department for the month of November 2009 were on the table for review and are filed in the Town Clerk's office. Attorney Folmer Reported: Local Law — Flood Damage Prevention: In connection with the new flood control maps, FEMA has required the Town adopt a local law to comply with their minimum requirements. Attorney Folmer prepared the proposed local law in accordance with the form that FEMA sent, and requested the Board schedule a public hearing regarding the proposed local law. RESOLUTION #185 SCHEDULE A PUBLIC HEARING FOR LOCAL LAW— 2009 FLOOD DAMAGE PREVENTION FOR DECEMBER 16, 2009 Motion by Councilman Proud Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby schedule a Public Hearing regarding the enactment of a Local Law of 2009 for Flood Damage Prevention in the Town of Cortlandville, for December 16, 2009 at 5:00 p.m. or as soon thereafter as the parties may be heard at the Raymond G. Thorpe Municipal Building. DECEMBER 2, 2009 TOWN BOARD MEETING PAGE 2 Proposed Revised Zoning Ordinance: Attorney Folmer reminded the Board a Public Hearing was scheduled for December 16, 2009 at 5:00 p.m. regarding the proposed Revised Zoning Ordinance. He presented the Board and Town Clerk Snyder with copies of the proposed ordinance. He also provided Town Clerk Snyder with a copy of the current zoning code with the amendments manually inserted. Polkville Waterline Extension — USDA: Attorney Folmer informed the Board he received a request from Thoma Development Consultants for the Board to adopt a resolution regarding the Polkville Waterline Extension project. The Town is not required to prepare a Short Form SEQR, but must adopt the environmental classification as determined by the USDA Rural Development Agency that the proposed Polkville Waterline Extension is "categorically excluded". Attorney Folmer prepared a resolution for the Board to adopt. RESOLUTION #186 ADOPT THE ENVIRONMENTAL CLASSIFICATION AS DETERMINED BY THE USDA RURAL DEVELOPMENT AGENCY WITH REGARD TO THE POLKVILLE WATERLINE EXTENSION Motion by Councilman Proud Seconded by Councilman Leach VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby adopt the environmental classification as determined by the USDA Rural Development Agency that the proposed Polkville Waterline Extension is "categorically excluded". Open Burning: Attorney Folmer recalled discussion from the November 18, 2009 Town Board Meeting regarding open burning. 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. It was suggested that "Open Burning" be included in the Index of the Town Code with a notation that the NYS DEC should be contacted. Town Clerk Snyder made an inquiry with the Town's publishing company, General Code, who agreed to include the open burning language in the next supplement to the Town Code. Councilman Rocco made a motion, seconded by Councilman Proud, to receive and file correspondence from Supervisor Tupper to Mayor Pam Ross, Village of McGraw, dated November 19, 2009, regarding the footbridge at the end of E. Academy Street in the Village of McGraw, and the following two options regarding the placement of the bridge: 1) the permanent removal of the bridge; or 2) the Town and Village entering into a hold harmless and indemnity agreement, including the Village naming the Town on its insurance policy as a non-contributing additional insured. All voting aye, the motion was carried. There was discussion regarding the request made by Ying Jiang, Cortland Spring Inc. regarding the requested sewer -billing refund for property located at 3832 Route 11 (Cortland Motel). Supervisor Tupper explained that he discussed the situation with Water & Sewer Sup't. Alteri, and reviewed the file with the Board. The Water & Sewer Department made every attempt to contact the property owner regarding the problem and future billings. The meter on the well should not have been removed without notification to the Town Water & Sewer Department. DECEMBER 2, 2009 TOWN BOARD MEETING PAGE 3 RESOLUTION #187 DENY REQUEST OF CORTLAND SPRING INC. FOR A SEWER REFUND FOR PROPERTY LOCATED AT 3832 ROUTE 11, FORMERLY OWNED BY NEW BEYOND INC. (CORTLAND MOTEL) Motion by Councilman Proud Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED WHEREAS, a request was made by Ying Jiang of Cortland Spring Inc. for a sewer -billing refund for property located at 3832 Route 11, formerly owned by New Beyond Inc. (Cortland Motel), Account #887, and WHEREAS, Water & Sewer Sup't. Peter Alteri attempted to contact the former property owner by certified mail regarding the removal of the water meter after Cortland Motel's March 2009 fire without notification to the Water & Sewer Department, reconnection of the well, the necessity of having a new meter installed, and estimated bills for future billings, and WHEREAS, the return receipt was signed and returned to the Town, however New Beyond Inc. did not respond to the letter, and a new meter was not installed on the well until after the property was sold, therefore BE IT RESOLVED, the Town Board does hereby deny the request of Cortland Spring Inc. for a sewer refund for property located at 3832 Route 11, Account #887, as every attempt was made by the Water & Sewer Department to notify the former property owner of future billings. Councilman Proud made a motion, seconded by Councilman Rocco, to receive and file correspondence dated November 19, 2009 from Supervisor Tupper to Ying Jiang, Cortland Spring Inc. (Cortland Motel), regarding the requested sewer -billing refund for property located at 3832 Route 11 in the Town of Cortlandville. All voting aye, the motion was carried. RESOLUTION #188 AUTHORIZE APPROVAL REQUEST OF ROBERT & ELIZABETH LISENBY 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 Robert and Elizabeth Lisenby, for property located at 1497 Saunders 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 roofing, siding, insulation, plumbing, windows & doors, and other, for a total of $25,582.00. Councilman Proud made a motion, seconded by Councilman Leach, to receive and file Cortland County Planning Board Resolution 909-33, dated October 28, 2009, and Cortland County Planning Department recommendations, dated November 13, 2009, regarding the Aquifer Protection Permit application submitted by the Cortlandville Fire District for construction of a new fire station on Route 11 in the Town of Cortlandville. All voting aye, the motion was carried. 387 DECEMBER 2, 2009 TOWN BOARD MEETING PAGE 4 RESOLUTION #189 SCHEDULE PUBLIC HEARING FOR AQUIFER PROTECTION PERMIT SUBMITTED BY THE CORTLANDVILLE FIRE DISTRICT FOR PROPERTY LOCATED ON ROUTE 11 Motion by Councilman Proud Seconded by Councilman Leach VOTES: ALL AYE ADOPTED BE IT RESOLVED, a Public Hearing shall be scheduled for December 16, 2009 at 5:00 p.m. or as soon thereafter as the parties may be heard concerning an Aquifer Protection Permit submitted by the Cortlandville Fire District for property located on Route 11 (Fire Station #2), tax map #97.02-01-05.200. Councilman Proud made a motion, seconded by Councilman Leach, to receive and file the Legal Notice from Time Warner Cable, received November 30, 2009, regarding Time Warner Cable's agreements with programmers and broadcasters that are about to expire. All voting aye, the motion was carried. There was discussion regarding delinquent Water and Sewer accounts and the relevy onto the 2010 tax roll of the Town. Town Clerk Snyder indicated that the amount left to collect increased from the year 2008. Relevy letters were mailed to customers and indicated the deadline to pay delinquent accounts was December 4, 2009, however payments would be accepted until the tax bills were ready to be printed. Councilman Rocco made a motion, seconded by Councilman Proud, to receive and file the "Pre-Relevy Report" of delinquent accounts of the Town Water & Sewer Department, dated December 2, 2009, All voting aye, the motion was carried. RESOLUTION #190 AUTHORIZATION TO PARTICIPATE IN THE "HOLIDAY ON ICE" PROGRAM WITH CORTLAND YOUTH BUREAU FOR THE 2009 HOLIDAY SEASON Motion by Councilman Leach Seconded by Councilman Proud VOTES: ALL AYE ADOPTED WHEREAS, a request was received from the Cortland Youth Bureau, asking the Town to participate again this year in the Cortland "Holiday on Ice" program, therefore BE IT RESOLVED, the Town Board does hereby desire participation in the "Holiday on Ice" program for the 2009 Holiday Season, and does hereby authorize paying the suggested amount of $300.00 to accomplish the program. No further comments or discussion were heard. The meeting was adjourned at 5:15 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 meetingof April 28, 2010.