HomeMy WebLinkAbout04-02-2014APRIL 02, 2014
5:00 P.M.
I-W
PUBLIC HEARING NO. 1
AQUIFER PROTECTION PERMIT
CROSSROADS VETERINARY CLINIC, APPLICANT
3512 STATE RT 281 LLC, RO
3512 ROUTE 281
TAX MAP #95.16-01-23.000
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 for an Aquifer Protection Permit submitted by Crossroads Veterinary Clinic to
permit the renovation of a two story existing structure, the construction of an 830 sq. ft. single story
addition for exams room and an operating room, as well as a handicap compliant entryway, for
property owned by 3512 State Rt 281 LLC, located on the northeast side of NYS Route 281, tax
map #95.16-01-23.000.
Members present: Supervisor, Richard C. Tupper
Councilman, Theodore V. Testa
Councilman, Ronal L. Rocco
Councilman, John C. Proud
Councilman, Gregory K. Leach
Town Clerk, Karen Q. Snyder, RMC
Others present were: Town Attorney, John Folmer; Highway Sup't. Carl Bush; Brian
Buttner, R.A. for Crossroads Veterinary Clinic; News Reporter: Sharon Stevans from 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 those in attendance.
No comments or discussions were heard.
The Public Hearing was closed at 5:05 p.m.
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APRIL 02, 2014 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 C. Tupper
Councilman, Theodore V. Testa
Councilman, Ronal L. Rocco
Councilman, John C. Proud
Councilman, Gregory K. Leach
Town Clerk, Karen Q. Snyder, RMC
Others present were: Town Attorney, John Folmer; Highway Sup't. Carl Bush; Brian
Buttner, R.A. for Crossroads Veterinary Clinic; News Reporter: Sharon Stevans from Channel 2,
Access TV.
Supervisor Tupper called the meeting to order.
Councilman Proud made a motion, seconded by Councilman Leach, to receive and file
the Cortlandville Planning Board Minutes of February 25, 2014. All voting aye, the motion was
carried.
Councilman Proud made a motion, seconded by Councilman Rocco, to approve the Draft
Town Board Minutes of March 5, 2014 as written. All voting aye, the motion was carried.
Councilman Proud made a motion, seconded by Councilman Rocco, to approve the Draft
Town Board Minutes of March 19, 2014 as written. All voting aye, the motion was carried.
RESOLUTION # 63 A AUTHORIZE PAYMENT OF VOUCHERS - APRIL
Motion by Councilman Leach
Seconded by Councilman Proud
VOTES: AYE - Tupper, Testa, Rocco, Proud, Leach NAY - 0
ADOPTED
BE IT RESOLVED, the vouchers submitted have been audited and shall be paid as follows:
Funds A, B, DA, DB
Voucher #340-374
General Fund A
$100,288.00
General Fund B
$ 6,216.83
Highway Fund DA
$ 0.00
Highway Fund DB
$ 32,797.73
Funds CD1, CD3, CD4
Voucher #(None)
BMills Rehab CD
$ 0.00
Town Wide Rehab CD3
$ 0.00
Business Devl CD4
$ 0.00
Fund HC, SS, SW
Voucher #116-141
NYS Rt 13 Sewer Rehab HC
$ 0.00
Sewer SS
$ 4,049.60
Water SW
$ 38,012.99
Funds SF, TA, TE
Voucher #10-11
C'Ville Fire District SF
$ 0.00
Trust & Agency TA
$ 35,755.45
Expendable Trust TE
$ 0.00
Supervisor Tupper announced that there were no requests for privilege of the floor.
The monthly reports of the Code Enforcement Officer, Supervisor, Town Clerk, Tax
Collector, and Water & Sewer Department for the month of March 2014 were on the table for
review and are filed in the Town Clerk's office.
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APRIL 02, 2014 TOWN BOARD MEETING PAGE 2
RESOLUTION # 64 ACCEPT ANNUAL REPORT OF THE CORTLAND COUNTY
AREA AGENCY ON AGING FOR THE YEAR 2013
Motion by Councilman Leach
Seconded by Councilman Proud
VOTES: AYE - Tupper, Testa, Rocco, Proud, Leach NAY - 0
ADOPTED
BE IT RESOLVED, the Annual Report of the Cortland County Area Agency on Aging for the
year 2013 is hereby accepted, and shall be received and filed.
RESOLUTION # 65 ACCEPT ANNUAL REPORT OF THE SUPERVISOR
Motion by Councilman Proud
Seconded by Councilman Rocco
VOTES: AYE - Tupper, Testa, Rocco, Proud, Leach NAY - 0
ADOPTED
BE IT RESOLVED, the Annual Report of the Supervisor for the year 2013 is hereby accepted,
and shall be received and filed.
Councilman Leach made a motion, seconded by Councilman Testa, to receive and file
correspondence from Time Warner Cable, dated March 19, 2014, regarding programming
services. All voting aye, the motion was carried.
Supervisor Tupper informed the Board he received correspondence from the
Environmental Education Center on behalf of the Lime Hollow Nature Center staff and the
Board of Directors thanking the Town of Cortlandville for its support with the summer
camperships.
Supervisor Tupper also mentioned that he received correspondence from Linda Falter
requesting a reduction in sewer charge due to a leak in her outside water spigot; the water went
into the ground rather than through the sewer. The leak was detected by the Water & Sewer
Department at the time of quarterly meter reads as a result of the new radio read program. Town
Cleric Snyder computed and authorized a reduction in sewer charge for approximately $44.00.
Mrs. Falter thanked the Water & Sewer Department operator who helped her at her home, as
well as the staff in the Town Clerk's Office.
Attorney Folmer and the Board reviewed the SEAR Short Environmental Assessment
Form for the Aquifer Protection Permit application submitted by Crossroads Veterinary Clinic
for property located at 3512 Route 281.
RESOLUTION # 66 DECLARE NEGATIVE IMPACT FOR AQUIFER
PROTECTION PERMIT #2 OF 2014 SUBMITTED BY
CROSSROADS VETERINARY CLINIC FOR PROPERTY
LOCATED AT 3512 ROUTE 281
Motion by Councilman Testa
Seconded by Councilman Leach
VOTES: AYE - Tupper, Testa, Rocco, Proud, Leach NAY - 0
ADOPTED
WHEREAS, an Aquifer Protection Permit application was submitted by Crossroads Veterinary
Clinic to permit the renovation of a two story existing structure, the construction of an 830 sq. ft.
single story addition for exam rooms and an operating room, as well as a handicap compliant
entryway, for property owned by 3512 State Rt 281 LLC, located on the northeast side of NYS
Route 281, tax map #95.16-01-23.000, and
WHEREAS, the Town Board as Lead Agent, duly reviewed and completed the Short
Environmental Assessment Form, therefore
APRIL 02, 2014 TOWN BOARD MEETING PAGE 3
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BE IT RESOLVED, the Town Board as Lead Agent, does hereby declare the proposed project of
Crossroads Veterinary Clinic, Aquifer Protection Permit #2 of 2014, shall have no significant
environmental impact.
RESOLUTION # 67 AUTHORIZE SUPERVISOR TO SIGN SEQRA
APPLICATION OF AQUIFER PROTECTION
PERMIT #2 OF 2014
Motion by Councilman Testa
Seconded by Councilman Leach
VOTES: AYE - Tupper, Testa, Rocco, Proud, Leach NAY - 0
ADOPTED
BE IT RESOLVED, the Supervisor is hereby authorized and directed to sign the SEQRA
application relating to Aquifer Protection Permit 42 of 2014, submitted by Crossroads Veterinary
Clinic.
Councilman Proud made a motion, seconded by Councilman Leach, to receive and file
Cortland County Planning Board Resolution 414-09, and Cortland County Planning Department
recommendations dated March 19, 2014, regarding the Aquifer Protection Permit application
submitted by Crossroads Veterinary Clinic for property located at 3512 Route 281, tax map
#95.16-01-23.000. All voting aye, the motion was carried.
RESOLUTION # 68 APPROVE AQUIFER PROTECTION PERMIT #2 OF 2014
SUBMITTED BY CROSSROADS VETERINARY CLINIC FOR
PROPERTY LOCATED AT 3512 ROUTE 281 SUBJECT TO
CONDITIONS
Motion by Councilman Leach
Seconded by Councilman Proud
VOTES: AYE - Tupper, Testa, Rocco, Proud, Leach NAY - 0
ADOPTED
WHEREAS, the Cortland County Planning Department and the Town Planning Board have
reviewed and recommended approval of this Aquifer Protection Permit application, and
WHEREAS, a Public Hearing was duly held by this Town Board, therefore
BE IT RESOLVED, the Town Board does hereby approve Aquifer Protection Permit #2 of 2014,
submitted by Crossroads Veterinary Clinic, permitting the renovation of a two story existing
structure, the construction of an 830 sq. ft. single story addition for exam rooms and an operating
room, as well as a handicap compliant entryway, for property owned by 3512 State Rt 281 LLC,
located on the northeast side of NYS Route 281, tax map #95.16-01-23.000, subject to conditions
from the Town and County Planning Boards:
1. That any proposed future signage complies with Article XVIII of the "Zoning Local
Law of the Town of Cortlandville" unless the applicant applies for and obtains a bulk
variance.
2. Compliance with SEQR requirements.
AND IT IS FURTHER RESOLVED, the Supervisor is hereby authorized to sign the permit.
Attorney Folmer reported:
Compensation for Accumulated Vacation Time:
Attorney Folmer read aloud a proposed resolution for the Board to consider regarding the
accumulated unused and unpaid vacation days of Town Assessor, David Briggs, which equated
to $8,375.22.
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APRIL 02, 2014 TOWN BOARD MEETING PAGE 4
Supervisor Tupper explained that Assessor Briggs had the option to take the 45 days off,
however it would be very difficult due to the demands of the office. Mr. Briggs is the Town's
longest employee and receives the most vacation days. However, in the future Mr. Briggs would
have to use the vacation days. Supervisor Tupper stated that it was good for the employees and
the Town that vacation time be used.
Attorney Folmer noted that the Town adopted a new personnel policy on August 21,
2013 which has a cap on the accumulation of vacation days to 50 days.
RESOLUTION # 69 AUTHORIZE COMPENSATION FOR ACCUMULATED
UNUSED AND UNPAID VACATION DAYS TO TOWN
ASSESSOR, DAVID BRIGGS
Motion by Councilman Rocco
Seconded by Councilman Proud
VOTES: AYE - Tupper, Testa, Rocco, Proud, Leach NAY - 0
ADOPTED
WHEREAS, the Town Board recognizes that David Briggs in his capacity as Town Assessor
has, over the 31 years of his service in said office has accumulated unused and unpaid vacation
days for which he has asked to be compensated; and
WHEREAS, the accumulation of said unused and unpaid vacation days were accumulated prior
to August 21, 2013, pursuant to Personnel Policies no longer in effect; and
WHEREAS, the Board wishes to compensate Assessor Briggs for such accumulated time and
bring him in compliance with current Personnel Policies and insure that his benefits in the future
are calculated in accordance with present and future policies as they relate to accumulation of
vacation time, including but not limited to, a cap on accumulation of vacation days; now
therefore
BE IT RESOLVED, that the Board authorizes and directs that Assessor David Briggs be
compensated in the amount of $8375.22, contingent upon his written consent and agreement that
such compensation makes his entitlement current and his agreement that present and future
Personnel Policies are applicable to his terms of employment; and it is further
RESOLVED, that the 2014 Town Budget is hereby amended to reflect accounts A1355.1 and
A903 8.8 as payments authorized hereby.
Boy Scouts of America - Citizen of the Year Award:
Attorney Folmer read another proposed resolution aloud to the Board. The Baden Powell
Council of the Boy Scouts of America would be presenting its distinguished Citizen of the Year
Award to Councilman Theodore V. Testa at a dinner to be held on April 29, 2014. The
recognition of Councilman Testa brought honor and recognition to the Town of Cortlandville.
The resolution was to authorize the expenditure of $700.00 from the Town's Publicity Fund to
provide Town representation at the dinner.
Councilman Rocco praised Councilman Testa for all he has done for the community and
the youth, and stated that the award was well deserved.
RESOLUTION # 70 AUTHORIZE EXPENDITURE OF $700.00 FROM THE TOWN
PUBLICITY FUND FOR TOWN REPRESENTATION AT THE
BOY SCOUTS OF AMERICA DINNER
Motion by Councilman Rocco
Seconded by Councilman Leach
VOTES: AYE - Tupper, Rocco, Proud, Leach NAY - 0 ABSTAIN - Testa
ADOPTED
WHEREAS, the Baden Powell Council of the Boy Scouts of America is presenting its Citizen of
the Year Award to Councilman Theodore V. Testa at a dinner to be held on April 29, 2014; and
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APRIL 02, 2014 TOWN BOARD MEETING PAGE 5
WHEREAS, Councilman Testa's service to the citizens of the Town of Cortlandville and the
Cortland community at large, by his efforts on behalf of the recreation facilities for youth, has
contributed greatly to his selection as the recipient of this award and his selection brings honor
and recognition to the Town of Cortlandville; and
WHEREAS, it would be appropriate for the Town of Cortlandville to provide a means of
attendance at this award ceremony to visibly support and honor Councilman Testa:
NOW THEREFORE BE IT RESOLVED, that the sum of $700.00 be appropriated from the
Town Publicity Fund to provide Town representation at the April 291h Citizen of the Year award
gathering
There was a brief discussion regarding the bid for One New and Unused 80 KW Natural
Gas Stand -By Generator. Supervisor Tupper recalled that in 2013 a car struck a utility pole
causing a power outage that affected the Terrace Road well house and the heating system in the
Raymond G. Thorpe Municipal Building (Town Hall). The stand-by generator would prevent
future outages from affecting the well house and the heating system for the Town Hall.
Councilman Leach questioned whether connecting the Town Hall to the generator was
included in the bid. Councilman Proud explained that the bid did not include the connection. He
clarified that the generator would not provide electricity to the Town Hall. It would only provide
the water that the geothermal heating system needs to run.
RESOLUTION # 71 AWARD BID FOR ONE NEW AND UNUSED 80 KW
NATURAL GAS STATIONARY STAND-BY GENERATOR
Motion by Councilman Rocco
Seconded by Councilman Testa
VOTES: AYE - Tupper, Testa, Rocco, Proud, Leach NAY - 0
ADOPTED
WHEREAS, bids were advertised for One New and Unused 80 KW Natural Gas Stationary
Stand -By Generator, and
WHEREAS, sealed bids were opened on March 21, 2014 at 3:00 p.m. and provided to Water &
Sewer Sup't. Alteri for review as follows:
Kinsley Power Systems $26,128.00
60 Loudonville Road
Albany, NY 12204
Penn Power Systems $32,738.00
7044 Interstate Island Road
Syracuse, NY 13209
BE IT RESOLVED, the bid as recommended by Water & Sewer Sup't. Alteri is hereby awarded
to the lowest bidder Kinsley Power Systems for One New and Unused 80 KW Natural Gas
Stationary Stand -By Generator in the amount of $26,128.00.
Councilman Proud made a motion, seconded by Councilman Leach, to receive and file
Cortland County Planning Board Resolution #14-08 dated March 19, 2014, and Cortland County
Planning Department recommendations dated March 7, 2014, regarding the Zoning Map
Amendment submitted by Gutchess Lumber Co., Inc. to rezone 12 properties located on the west
side of Route 281, south of McLean Road and north side of Stupke Road, tax map #95.15-01-
12.000, 95.15-01-14.120, 95.15-01-14.110, 95.15-01-14.200, 95.15-01-13.000, 95.11-03-18.000,
95.16-01-07.000, 95.16-01-05.000, 95.12-01-19.000, 95.12-01-12.000, 95.12-01-13.000, &
95.12-01-18.000. All voting aye, the motion was carried.
Councilman Leach made a motion, seconded by Councilman Proud, to receive and file
Cortland County Planning Board Resolution #14-10 dated March 19, 2014, and Cortland County
Planning Department recommendations dated March 7, 2014, regarding the Aquifer Protection
Permit application submitted by Cannon Pools for property located on NYS Route 13, tax map
#105.08-01-04.000. All voting aye, the motion was carried.
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APRIL 02, 2014 TOWN BOARD MEETING PAGE 6
There was discussion regarding the authorization for the Supervisor to sign a contract
with Syracuse Time & Alarm Co., Inc. to perform maintenance on the alarm system at the
Raymond G. Thorpe Municipal Building. Supervisor Tupper explained that the system has
never been serviced since it was installed about 7 years ago, and is in need of some cleaning and
general maintenance. He suggested that if the Town is happy with the service a contract for
maintenance may be done on an annual basis.
RESOLUTION # 72 AUTHORIZE SUPERVISOR TO SIGN THE CONTRACT WITH
SYRACUSE TIME & ALARM CO., INC.
Motion by Councilman Testa
Seconded by Councilman Leach
VOTES: AYE — Tupper, Testa, Rocco, Proud, Leach NAY — 0
ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to sign the
contract with Syracuse Time & Alarm Co., Inc. to provide preventive maintenance on the alarm
system at the Raymond G. Thorpe Municipal Building, for the total cost of $650.00.
There was discussion regarding the application for a Community Development Block
Grant on behalf of Forkey Construction & Fabricating, Inc., for the former Borg Warner building
located on Luker Road. Supervisor Tupper explained that Forkey Construction was a fabrication
construction company currently located in Lapeer, NY with 83 employees. The family owned
and operated business outgrew its current facility and was considering moving the operation to
Pennsylvania prior the Borg Warner building becoming available for sale. The company planned
to hire 50 additional employees over a two-year period. Supervisor Tupper added that the Town
of Lapeer may purchase Forkey Construction's current building for its highway garage.
RESOLUTION # 73 SCHEDULE PUBLIC HEARING REGARDING THE
SUBMISSION OF AN APPLICATION TO THE NYS OFFICE OF
COMMUNITY RENEWAL FOR FUNDING UNDER THE
FEDERAL NEW YORK STATE COMMUNITY
DEVELOPMENT BLOCK GRANT PROGRAM FOR
APRIL 16, 2014
Motion by Councilman Leach
Seconded by Councilman Proud
VOTES: AYE — Tupper, Testa, Rocco, Proud, Leach NAY — 0
ADOPTED
BE IT RESOLVED, a Public Hearing shall be scheduled for April 16, 2014 at 5:00 p.m.
regarding an application to the New York State Office of Community Renewal for funding under
the Federal New York State Community Development Block Grant Program.
RESOLUTION # 74 AUTHORIZE SUPERVISOR TO SIGN THE ECONOMIC
DEVELOPMENT PRE -SUBMISSION FORM
Motion by Councilman Leach
Seconded by Councilman Proud
VOTES: AYE — Tupper, Testa, Rocco, Proud, Leach NAY — 0
ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to sign the
Economic Development Pre -Submission Form regarding an application to the New York State
Office of Community Renewal for funding under the Federal New York State Community
Development Block Grant Program.
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APRIL 02, 2014 TOWN BOARD MEETING PAGE 7
Councilman Proud made a motion, seconded by Councilman Leach, to receive and file
correspondence from Menter, Rudin & Trivelpiece, P.C. Counselors at Law, dated March 28,
2014, regarding a Public Hearing to be held by the Cortland County IDA on April 11, 2014 at
10:00 a.m. at the Raymond G. Thorpe Municipal Building regarding the Forkey Construction &
Fabricating, Inc. Project, for property located at 3690 Luker Road. All voting aye, the motion
was carried.
RESOLUTION # 75 AUTHORIZE SUPERVISOR TO LET OUT TO BID FOR THE
NYS ROUTE 13 SANITARY TRUNK SEWER
REHABILITATION PROJECT
Motion by Councilman Proud
Seconded by Councilman Leach
VOTES: AYE — Tupper, Testa, Rocco, Proud, Leach NAY — 0
ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to let out
to bid for the NYS Route 13 Sanitary Trunk Sewer Rehabilitation Project, and it is further
RESOLVED, the bids shall be opened at 11:00 a.m. on April 29, 2014 at the office of the Town
Clerk.
RESOLUTION # 76 ACCEPT REVISED FORM E — RURAL DEVELOPMENT (RD)
PROJECT BUDGET/COST CERTIFICATION FOR THE
NYS ROUTE 13 SANITARY TRUNK SEWER
REHABILITATION PROJECT
Motion by Councilman Proud
Seconded by Councilman Testa
VOTES: AYE — Tupper, Testa, Rocco, Proud, Leach NAY-0
ADOPTED
BE IT RESOLVED, the Revised Form E — Rural Development (RD) Project Budget/Cost
Certification, dated August 14, 2013, regarding the NYS Route 13 Sanitary Trunk Sewer
Rehabilitation Project, in the amount of $3,845,000.00, is hereby accepted and shall be received
and filed.
No further comments or discussion were heard.
Councilman Proud made a motion, seconded by Councilman Testa, to adjourn the
Regular Meeting. All voting aye, the motion was carried.
The meeting was adjourned at 5:35 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 April 11, 2014.
The draft version of this meeting was approved as written at the Town Board meeting of April 16, 2014.