HomeMy WebLinkAbout2017-12-20 Town Board MinutesDECEMBER 20, 2017 5:06 P.M.
TOWN BOARD MEETING
The Regular Town Board 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, John C. Proud
Councilman, Gregory K. Leach
Councilperson, Kristin E. Rocco-Petrella
Town Clerk, Karen Q. Snyder, RMC
Others present were: Town Attorney, John B. Folmer; Highway Sup't., Carl Bush;
Deputy Highway Sup't. Glenn Bassett; Town Residents: Ann Doyle, Andrea Niggli, Chad
Niggli, Barb Leach, Pat Leach, Patrick Leach, Sarah Leach, Chavonne LaPlant, James Fellows,
Charles Lacey, John Reynolds, Doug Withey, Kristina Russell, Katlin Snyder, Jeff Betters,
Marie Ferro, and Pam Jenkins; News Reporters: Sharon Stevans from Channel 2, Access TV and
Robert Crennan from the Cortland Standard.
Supervisor Tupper called the meeting to order.
Councilman Proud made a motion, seconded by Councilman Testa, to receive and file the
Zoning Board of Appeals Minutes of October 31, 2017. All voting aye, the motion was carried.
Councilman Proud made a motion, seconded by Councilman Testa, to receive and file the
Zoning Board of Appeals Minutes of November 28, 2017. All voting aye, the motion was
carried.
Councilman Proud made a motion, seconded by Councilman Testa, to receive and file the
Planning Board Minutes of November 28, 2017. All voting aye, the motion was carried.
RESOLUTION #226 AUTHORIZE SUPERVISOR TO SIGN PURCHASE ORDER
#1387
Motion by Councilman Proud
Seconded by Councilman Leach
VOTES: AYE —Tupper, Testa, Proud, Leach, Rocco-Petrella NAY - 0
ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to sign
Purchase Order #1387 submitted by the Highway Superintendent, Carl A. Bush, Jr. to be paid to
Empire Tractor, for repairs to the Ford Tractor in the amount of $3,915.11.
RESOLUTION 4227 AUTHORIZE SUPERVISOR TO SIGN PURCHASE ORDER
#1388
Motion by Councilman Leach
Seconded by Councilman Proud
VOTES: AYE —Tupper, Testa, Proud, Leach, Rocco-Petrella NAY - 0
ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to sign
Purchase Order #1388 submitted by the Highway Superintendent, Carl A. Bush, Jr. to be paid to
Genson Overhead Door, for replace a rusting overhead door in the amount of $4,890.00.
Owl),
DECEMBER 20, 2017 TOWN BOARD MEETING PAGE 2
RESOLUTION #228 AUTHORIZE PAYMENT OF VOUCHERS — DECEMBER
Motion by Councilman Leach
Seconded by Councilperson Rocco-Petrella
VOTES: AYE -Tupper, Testa, Leach, Proud, Rocco-Petrella NAY-0
ADOPTED
BE IT RESOLVED, the vouchers submitted have been audited and shall be paid as follows:
Funds A, B, DA, DB Vouchers #1272-1361
HE, HG, SS, SW General Fund A
$
91,932.12
General Fund B
$
3,872.39
General Fund DA
$
0.00
General Fund DB
$
44,981.34
Saunders Rd Sewer HE
$
0.00
Gutchess Lumber Sports Complex HG $
0.00
Sewer SS
$
653.64
Water SW
$
7,465.23
Funds CD I, CD3, CD4 Voucher # (None)
BMills Rehab CD 1
$
0.00
Town Wide Rehab CD3
$
0.00
Business Devl CD4
$
0.00
Funds SF, TA, TE Voucher #47-48
C'Ville Fire District SF
$
0.00
Trust & Agency TA
$
645.21
Expendable Trust TE
$
0.00
Supervisor Tupper asked if there were any requests for privilege of the floor.
Pam Jenkins spoke regarding Byrne Dairy. B-2 to B-3 zone change area on Route 13.
When Byrne Dairy spoke at the last meeting proposing a gas station on Tompkins St., she said
that if Cortlandville did grant Byrne Dairy a variance then she would file that citizens would win
another Article 78 against Cortlandville and Byrne Dairy. She spoke of B3 zoning, which the
Board spoke of re -zoning Tompkins St. She said it would allow for airplane landing strips, drive
in movie theaters, etc. She feels that there are enough gas stations in close proximity to where
Byrne Dairy is proposing a new gas station.
Pam Jenkins read aloud from a letter from the Cortland County Planning Department that
was written on March 17, 2017. In the letter it stated, "the Board ultimately unanimously passed
a new motion recommending that the Town consider prohibiting gas stations over the aquifer
between the City of Cortland boundary and the Town of Virgil boundary." The Board, during
their discussion of the application, was supportive of the allowance of gas station development in
the other B-2 and B-3 zones outside of this area."
Supervisor Tupper stated, to correct the record, that the Planning Director recommended
that the Board approve the gas station and that the Planning Board overrode their own
professional. None of those comments stated in the letter were in any of the correspondence from
the director.
Andrea Niggli, the daughter of Councilman Leach, spoke on behalf of her father. She
spoke regarding how much he loved the Town of Cortlandville and how proud his family is of
his dedication.
Barb Leach, the wife of Councilman Leach, spoke in support of her husband. She
thanked her husband for making the family proud for serving on the Town Board.
Patrick Leach, the son of Councilman Leach, thanked his father for serving on the Town
Board. He pointed out that his father never missed one Town Board Meeting.
Chuck Lacey, Town resident for 33 years, spoke as Councilman Leach's friend and
thanked him for his service.
Attorney Folmer stated that from a working relationship, he has had no greater pleasure
than working with Councilman Leach. Mr. Leach has suffered a lot of personal and professional
abuse. His concern for the people that he represented is unparalleled. He will be missed.
1
1
DECEMBER 20, 2017 TOWN BOARD MEETING PAGE 3
1
Councilman Proud made a motion seconded by Councilman Leach to receive and file the
November 2017 Monthly Report of the Supervisor. All voting Aye, the motion was carried.
Councilperson Rocco-Petrella made a motion, seconded by Councilman Proud, to receive
and file the November 2017 Town Justice Monthly Report from Judge Casullo and Judge
Alexander. All voting Aye, the motion was carried.
Councilperson Rocco-Petrella made a motion, seconded by Councilman Leach, to receive
and file the Dog Control Inspection Report for Cortland County SPCA completed on November
29, 2017. All voting aye, the motion was carried.
Councilman Proud made a motion, seconded by Councilman Leach, to receive and file
the Municipal Shelter Inspection Report for Cortland County SPCA completed on November 29,
2017. All voting aye, the motion was carried.
Councilman Proud made a motion, seconded by Councilman Leach to receive and file
correspondence, dated December 13, 2017 from Charter Communications regarding
programming services. All voting aye, the motion was carried.
Councilman Proud made a motion, seconded by Councilman Leach to receive and file
correspondence, dated December 14, 2017 from the NYS Empire State Development regarding
the recommendation for an award of up to $862,000.00 from the Empire State Development
Grants Program for the Gutchess Lumber Sports Complex. All voting aye, the motion was
carried.
Councilman Leach made a motion, seconded by Councilman Proud to receive and file
correspondence, dated December 12, 2017 from NYS Homes & Community Renewal regarding
the 12-Month Completion Notice for the Town's 2016 CDBG Town -Wide Housing
Rehabilitation Grant Program # 287HR326-16. All voting aye, the motion was carried.
Attorney Folmer apprised the Board that there is a Local Law which is proposing to re-
zone the Zoning District B-2 to B-3. He would like to forward a copy of the Local Law to the
County and Town Planning Boards. This includes 56 or 57 parcels. It includes both the parcels
that were denied use variances by the Zoning Board of Appeals. This includes the proposed
storage facility and the Byrne Dairy gas station.
RESOLUTION #229 REFER PROPOSED LOCAL LAW FOR A ZONING MAP
AMENDMENT TO CHANGE THE ZONING CLASSIFICATION
FOR PROPERTIES LOCATED IN A B-2 DISTRICT TO B-3
DISTRICT TO THE TOWN AND COUNTY PLANNING
BOARDS FOR REVIEW AND
RECOMMENDATIONS
Motion by Councilman Proud
Seconded by Councilman Testa
VOTES: AYE — Tupper, Testa, Proud, Rocco-Petrella NAY — 0
ABSTAIN- Leach
ADOPTED
BE IT RESOLVED, the proposed Local Law for a Zoning Map Amendment to change the
following properties from their present zoning classification of B-2 Highway Commercial
Business to B-3 Planned Commercial Business, shall be referred to the Town and County
Planning Boards for review and recommendations:
96.06-01-44.000
96.06-01-45.111
96.06-01-45.120
96.06-01-45.200
96.06-01-15.100
96.09-03-07.000
96.09-01-69.000
96.09-01-68.000
96.09-01-51.000
96.09-01-50.000
96.09-01-49.000
96.09-01-48.000
96.09-01-27.000
96.09-01-28.000
96.09-01-60.000
96.09-01-59.100
96.09-01-58.100
96.09-01-57.000
96.09-01-41.000
96.09-01-55.000
96.09-01-42.100
96.09-02-25.100
96.09-01-25.200
96.09-01-26.000
96.09-01-27.000
96.09-01-28.000
96.09-01-40.000
96.05-01-20.000
96.05-01-19.000
96.09-01-45.000
96.09-03-01.000
96.09-03-08.000
96.05-01-18.000
96.09-03-02.000
96.09-03-04.000
96.05-01-17.000
96.09-03-03.000
96.05-01-13.000
96.06-01-44.000
96.06-01-13.000
96.06-01-44.000
96.06-01-13.000
96.09-01-58.100
96.09-01-59.100
ofil
DECEMBER 20, 2017 TOWN BOARD MEETING PAGE 4
96.09-01-60.000 96.09-01-65.000 96.05-01-15.000 96.09-03-06.000
96.09-01-61.000 96.09-01-66.000 96.05-01-14.000 96.06-01-15.210
96.09-01-63.000 96.09-01-52.000 96.09-03-05.000 96.09-01-36.000
96.09-01-70.000
AND BE IT FURTHER RESOLVED, the proposed Local Law is hereby received and filed.
RESOLUTION #230 AUTHORIZE SUPERVISOR TO SIGN THE "NEW
APPLICANT APPROVAL REQUEST" REGARDING THE
TOWN'S 2016 COMMUNITY DEVELOPMENT BLOCK
GRANT TOWN -WIDE HOUSING REHABILITATION
PROGRAM BETWEEN THE TOWN AND ROXANNE
SORRELLS
Motion by Councilman Leach
Seconded by Councilman Testa
VOTES: AYE — Tupper, Testa, Proud, Leach, Rocco-Petrella NAY — 0
ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize the Supervisor to sign the New
Applicant Approval Request regarding the Town's 2016 Community Development Town -Wide
Housing Rehabilitation Program, between the Town of Cortlandville and Roxanne Sorrells, 734
Bowling Green Road, Cortland, New York regarding the extension of loan funds by the Town's
CDBG Program for the total amount of $28,240.00.
RESOLUTION #231 AUTHORIZE APPROVAL OF PAYMENTS REGARDING THE
TOWN -WIDE HOUSING REHABILITATION GRANT
PROGRAM CDBG #287HR326-16
Motion by Councilman Proud
Seconded by Councilman Leach
VOTES: AYE — Tupper, Testa, Proud, Leach, Rocco-Petrella NAY — 0
ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize approval of payment for the
following regarding the Town -Wide Housing Rehabilitation Grant Program-CDBG #287HR326-
16:
M.A.B. Roofing & Siding - $10,000.00
R. Homer Carpets - $5,471.00
T.H.I. Heating & Plumbing - $4,400.00
Town of Cortlandville, Code Enforcement - $400.00
RESOLUTION #232 AUTHORIZE SUPERVISOR TO SIGN THE "NEW
APPLICANT APPROVAL REQUEST" REGARDING THE
TOWN'S 2016 COMMUNITY DEVELOPMENT BLOCK
GRANT TOWN -WIDE HOUSING REHABILITATION
PROGRAM BETWEEN THE TOWN AND MATTHEW &
HEATHER SHIMER
Motion by Councilman Leach
Seconded by Councilman Testa
VOTES: AYE — Tupper, Testa, Proud, Leach, Rocco-Petrella NAY — 0
ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize the Supervisor to sign the New
Applicant Approval Request regarding the Town's 2016 Community Development Town -Wide
Housing Rehabilitation Program, between the Town of Cortlandville and Matthew & Heather
Shimer, 4074 Kinney Gulf Road, Cortland, New York regarding the extension of loan funds by the
Town's CDBG Program for the total amount of $25,772.80.
DECEMBER 20, 2017 TOWN BOARD MEETING PAGE 5
RESOLUTION #233 APPOINT DELEGATE AND ALTERNATE TO VOTE AT
THE ASSOCIATION OF TOWNS ANNUAL MEETING
Motion by Councilman Proud
Seconded by Councilman Testa
VOTES: AYE - Tupper, Testa, Proud, Leach, Rocco-Petrella NAY — 0
ADOPTED
BE IT RESOLVED, Supervisor Richard C. Tupper is hereby appointed as Delegate, and Town
Clerk -elect Kristin Rocco-Petrella, is hereby appointed as Alternate, to represent the Town of
Cortlandville at the Association of Towns Annual Meeting, to be held in New York City February
18-21, 2018.
RESOLUTION #234 ESTABLISH MILEAGE RATE FOR PERSONAL VEHICLES
USED FOR TOWN BUSINESS FOR THE YEAR 2018
Motion by Councilman Leach
Seconded by Councilman Proud
VOTES: AYE - Tupper, Testa, Proud, Leach, Rocco-Petrella NAY — 0
ADOPTED
BE IT RESOLVED, the mileage rate to be paid by the Town, for personal vehicles used for town
business, is hereby established at the Federal IRS mileage rate for the year 2017 at $0.5450 and
is subject to audit by the Town Board, effective January 1, 2018.
Councilperson Rocco-Petrella made a motion, seconded by Councilman Leach, to receive
and file correspondence, from Town Justice, Francis J. Casullo dated December 7, 2017, and
Town Justice David C. Alexander dated December 7, 2017, regarding the Town Board
examining their records and dockets for the year 2017. All voting aye, the motion was carried.
RESOLUTION #235 ACCEPT RESIGNATION FROM LENORE M. LEFEVRE FROM
THE CORTLANDVILLE ZONING BOARD OF APPEALS
Motion by Councilman Leach
Seconded by Councilman Testa
VOTES: AYE - Tupper, Testa, Proud, Leach, Rocco-Petrella NAY — 0
ADOPTED
BE IT RESOLVED, the Town Board does hereby accept the letter of resignation from Lenore
M. Lefevre as Member of the Cortlandville Zoning Board of Appeals, effective December 29,
2017, and it is further
RESOLVED, that the resignation is hereby received and filed.
RESOLUTION #236 ESTABLISH THE STANDARD WORK DAY FOR ELECTED
AND APPOINTED OFFICIALS OF THE TOWN OF
CORTLANDVILLE FOR THE YEAR 2017
Motion by Councilman Leach
Seconded by Councilman Proud
VOTES: AYE - Tupper, Testa, Proud, NAY — 0
ABSTAIN- Rocco-Petrella
ADOPTED
BE IT RESOLVED, the Town Board does hereby establish the following as standard work days
for elected and appointed officials and will report the following days worked to the New York
State Local Employees' Retirement System based on the record of activities maintained and
submitted by these officials to the Town Clerk:
C2n �()
DECEMBER 20, 2017 TOWN BOARD MEETING PAGE 6
Elected Standard Term of Record of
Officials: Name: Work Day: Office: Activities:
Councilperson Kristin E. Rocco-Petrella 6 hours 06/12/2017-12/31/2017 8.17
Councilman Leach made a motion, seconded by Councilman Proud, to receive and file
correspondence, dated November 13, 2017, and the completed Asset Management LPA
Monitoring Questionnaire 2017-2018 received December 11, 2017, regarding the Town's 2008
HOME Grant (NYS HOME Grant Program Long Term Compliance SHARS ID # 20083182).
All voting aye, the motion was carried.
Councilman Proud apprised the Board that at the last budget meeting he wanted his salary
reduced by 10 percent. Attorney Folmer said that a resolution should be made at the January
organizational meeting. This was put on hold until the January 3, 2018 meeting.
Supervisor Tupper presented Town Clerk Karen Q. Snyder with a plaque recognizing all
of her accomplishments over the past 30 years. He thanked her on behalf of the Board for her
service and wished her well in her retirement.
Town Clerk Snyder thanked her Constituents, the Town Board, and her family.
Supervisor Tupper recognized Councilman Leach and all his hard work on the Town
Board and presented him with a gift from the Board.
Councilman Leach thanked the citizens for electing him and his family for their
sacrifices.
Supervisor Tupper thanked Highway Superintendent Carl Bush for his almost 34 years of
service and dedication to the Town of Cortlandville and presented him with a plaque. The Board
wished him well in his retirement.
Attorney John Folmer spoke about Town Clerk Snyder. He said she has been a friend and
exemplifies what a Town Clerk should be. He will miss her dearly.
Councilman John Proud spoke about Town Clerk Snyder as well. She has been very
helpful to him and he appreciates all she has done.
Councilman Testa also spoke saying that Town Clerk Snyder and Highway
Superintendent Bush are both "Super Stars."
No further comments or discussions 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 5:45 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 February 7, 2018.
The draft version of this meeting was approved as written at the Town Board meeting of February 21, 2018 .