HomeMy WebLinkAbout2017-04-19 Town Board MinutesAPRIL 19, 2017 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 C. Tupper
Councilman, Theodore V. Testa
Councilman, Gregory K. Leach
Councilman, John C. Proud
Councilman, Walter J. Kasperek
Town Clerk, Karen Q. Snyder, RMC
Others present were: Town Attorney, John B. Folmer; Town residents; Pam Jenkins and
Robert Martin; City of Cortland resident Diane Smith; Louise Gava representing MEGA;
Honorable David Alexander; Reverend Janet A. Hansen; News Reporters: Todd McAdam from
the Cortland Standard, Peter Blanchard from the Cortland Voice and Sharon Stevans from
Channel 2, Access TV.
Councilman Proud made a motion, seconded by Councilman Kasperek, to approve the
Town Board Minutes of January 18, 2017. All voting aye, the motion was carried.
Councilman Proud made a motion, seconded by Councilman Kasperek, to approve the
Town Board Minutes of February 1, 2017. All voting aye, the motion was carried.
Councilman Proud made a motion, seconded by Councilman Kasperek, to approve the
Town Board Minutes of March 1, 2017. All voting aye, the motion was carried.
Councilman Proud made a motion, seconded by Councilman Kasperek, to approve the
Town Board Minutes of March 17, 2017. All voting aye, the motion was carried.
The April 5, 2017 Public Hearing was handed out to the Town Board members for their
review and will be approved at the May 3, 2017 Town Board meeting.
RESOLUTION #73 AUTHORIZE PAYMENT OF VOUCHERS - APRIL
Motion by Councilman Leach
Seconded by Councilman Testa
VOTES: AYE - Tupper, Testa, Leach, Kasperek, Proud NAY - 0
ADOPTED
BE IT RESOLVED, the vouchers submitted have been audited and shall be paid as follows:
Funds A, B, DA, DB
Voucher #325-363
General Fund A
$ 106,593.82
General Fund B
$ 3,607.87
Highway Fund DA
$ 0.00
Highway Fund DB
$ 15,492.42
Funds CD1, CD3, CD4
Voucher # (None)
BMills Rehab CD 1
$ 0.00
Town Wide Rehab CD3
$ 0.00
Business Devl CD4
$ 0.00
Fund HA, HB, HC, HD,
Voucher #140-155
HE, SS, SW
Luker Rd Water HA
$ 0.00
Owego St Water HB
$ 0.00
Oakcrest/Pendleton Sewer HD
$ 0.00
Saunders Rd Sewer HE
$ 0.00
Sewer SS
$ 67,953.30
Water SW
$ 15,141.93
Funds SF, TA, TE
Voucher #15-18
C' Ville Fire District SF
$ 0.00
Trust & Agency TA
$ 33,701.07
Expendable Trust TE
$ 0.00
APRIL 19, 2017 TOWN BOARD MEETING PAGE 2
Supervisor Tupper offered privilege of the floor to Louise Gava to conduct a
presentation.
Representing Municipal Electric & Gas Alliance (MEGA), Louise Gava introduced
herself as the Community Choice Aggregation Project Leader for MEGA. She reported MEGA
is an aggregator of electricity and natural gas for municipalities. She explained municipalities
can join together through MEGA and County governments can facilitate inter -municipal
cooperation. The only limitation would be communities must be in the same utility territory and
the sanne New York State Independent System Operator load zone.
Ms. Gava prefaced her presentation by stating since 2014 the state has been dealing with
an aging electric infrastructure and in twenty five years it would cost trillions of dollars to
replace, therefore, the state is trying to be proactive with innovative solutions. MEGA is a non-
profit Local Development Corporation. They serve thirty five New York counties and currently
serve the City of Cortland.
The purpose of Louise Gava's presentation was not necessarily the municipalities'
electric and gas needs, but to provide an opportunity for its residents to do a bulk purchase. She
indicated delivery and supply as two items for a base understanding. Ms. Gava stated that
approximately 20 percent of residents choose to go on the market to seek alternate providers.
She briefed the Board that MEGA goes out to bid and finds entities that have the lowest price
and the best terms. She mentioned as a note of importance, that this would be supply only.
National Grid, in the event of power outages, would still be the entity to fix wires and return
service even if they aren't being paid for supply.
Ms. Gava cited seven steps to Community Choice Aggregation (CCA): Choose MEGA
as CCA administrator; Educate the public; Adopt Local Law to authorize CCA; Competitive bid
for energy supply; Select low -bid supplier; Citizens can opt -out and the savings begin.
Ms. Gava stated that residents will have thirty days to opt -out and three months into the
process to opt -out without penalty, resulting in minimal consumer risk. She briefed every utility
supply customer in the aggregation will receive a letter on municipal letterhead, that will provide
details on the CCA Program, pricing and the opt -out process.
Ms. Gava said MEGA is proud to help the state shape a program that works with
municipalities and suggested if the Town would like to explore MEGA further the Town's
Attorney should review the handshake document and if the Town wishes to proceed, MEGA
would discover what the education would look like in our municipality. Ms. Gava submitted a
pamphlet and an informative question and answer document to the Board to accompany her
presentation.
Supervisor Tupper offered privilege of the floor to Pam Jenkins.
Pam Jenkins referenced the Public Hearing held ton April 5, 2017 regarding the Gas
Station Law. She stated it would open approximately seven hundred acres, directly over the top
of the Aquifer, to gas station development. She reminded the Board that residents pointed out
many of the areas that would be open to gas stations are in the flood plains and Ms. Jenkins
stated Cortlandville has already violated SEQR in numerous ways. Ms. Jenkins said the Gas
Station Law would cause spot zoning which is illegal. She reiterated that the public very firmly
voiced its opposition to the gas station law. She requested that the Board discuss it in public and
wanted to know how the Board will manage the law. She asked if the Town is going to vote on
the law or if the Town would "SCRAP" the law.
Supervisor Tupper offered privilege of the floor to Reverend Janet A. Hansen
Reverend Hansen introduced herself as the Pastor of a church located on Tompkins St.
She said Earth Day is approaching and the theme for this Sunday's service is Water Holy Water.
She stated she moved to Cortland seventeen years ago from out West where water is a precious
resource and commodity. She was thrilled to move to a place where there was a lot of water.
She learned of the TCE spill and that it was contained; only to find out we are on a sole source
Aquifer. She explained she has the desire to lift up water from themes and scripture to show
what it means today. She wanted to inform the Board, when they discuss different zoning
applications, that she is very aware of what a precious resource water is. She expressed we are
blessed to live where there is such a wonderful quality of water and she hopes that continues.
She alerted that she did not want the Town of Cortlandville to be an equivalent of Flint Michigan
and have our water ruined. Reverend Hansen pleaded for the Board to be conservators and
protectors of our water.
APRIL 19, 2017 TOWN BOARD MEETING PAGE 3
Supervisor Tupper apprised Ms. Jenkins that there will be discussion at the next Town
Board meeting, May 3, 2017, regarding the content of the April 5, 2017 Public Hearing. He also
addressed Reverend Janet Hansen and relayed to her that the Town of Cortlandville has the
strictest Aquifer laws in the State of New York, and perhaps the whole country. He stated
Cortlandville has spent thousands of dollars to protect the Aquifer and affirmed that the Town of
Cortlandville will continue to do so.
The monthly reports of the, Town Justices and Office of Code Enforcement for the month
of March and the Cortland County SPCA Is' quarter report were on the table for review and are
filed in the Town Clerk's Office.
Councilman Proud made a motion, seconded by Councilman Testa to receive and file the
Village of Homer Fire Department Annual Report, dated April 1, 2016 — March 31, 2017. All
voting aye, the motion was carried.
Attorney Folmer reported:
South Hill Dump:
Attorney Folmer reminded the Board that the Town was asked to enter into a Consent
Order with the NYS DEC in regards to the maintenance and the overseeing of monitoring of
South Hill Dump. At the time the initial remediation was undertaken, the other users of that site
could not be significantly identified. The Town had a meeting with representatives of the State
DEC to discuss the method by which remediation could continue. He relayed the last inspections
took place in the summer of 2016 and in the spring of 2017. At present time the only
recommendation is that the lawn be mowed. The property has been fenced in and closed for
years. Attorney Folmer said the DEC would like the Town to enter into a Consent Order that
monitors and describes monitoring in the future. Attorney Folmer has drafted a response to the
DEC and suggested two things.
One is that the Town will not agree to any Consent Order whatsoever, unless the order
makes it explicitly and adequately clear that the Town is not now, or will ever be called upon to
reimburse for expenditures made for remediation prior to the entry of the Consent Order, as the
DEC has indicated that the superfund has spent approximately three million dollars to
accomplish the remediation they did many years ago. Attorney Folmer stated that he will not
agree to an order that would indicate the Town was responsible for any portion of those funds.
The second suggestion is that the Town retains the right to discuss with appropriate
officials in Albany, so the Town may undertake to do the necessary monitoring by our personnel
rather than having to pay the State's personnel because Attorney Folmer suspects the Town
could do it less expensively than the State of New York. Attorney Folmer prepared a document
which expresses those two comments and stated Councilman Proud has also reviewed it and
found it to be acceptable. Attorney Folmer requested permission from the Town Board to send
his response to the DEC.
RESOLUTION #74 AUTHORIZE TOWN ATTORNEY TO ADDRESS A LETTER
TO NYS DEC IN REGARDS TO THE SOUTH HILL DUMP
CONSENT ORDER
Motion by Councilman Proud
Seconded by Councilman Leach
VOTES: AYE - Tupper, Testa, Leach, Kasperek, Proud NAY - 0
ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize and direct the Town Attorney to
address a letter to the NYS DEC regarding the South Hill Dump Consent Order, located off
South Hill in the Town of Cortlandville.
APRIL 19, 2017 TOWN BOARD MEETING PAGE 4
Gutchess Lumber Park BAN:
Supervisor Tupper led a discussion regarding the Town taking possession, on February
26, 2017, of one hundred and one acres of land from Gutchess Lumber located at the intersection
of Gracie Road and Route 13. The Town has an obligation to replace Citizen's Park within two
years. Cost estimates have been requested as the Town needs to get the process started.
Supervisor Tupper said it will be expensive to build this type of facility and the project
will require a short term BAN that will eventually be converted to a bond.
In order to finance the new facility, the Town will need to examine all entities they
currently pay for sports activities and pull back on those monies in order to offset the costs.
Supervisor Tupper relayed this will be a lengthy process.
Attorney Folmer apprised the Board that he has spoken to Bond Council and they
indicated to him that in order to get materials ready for a bond resolution, which sets forth dates
for Public Hearings etc., they would like Attorney Folmer to send them a copy of the underlying
contract with Gutchess Lumber; the lease agreement with Gutchess Lumber; a copy of the
legislation from Albany that gave the Town the opportunity for this park; an engineering report.
Attorney Folmer would like to add a site plan of the park. Attorney Folmer reported he will
gather those documents and send them within a few days and hopefully receive a response by the
next few Town Board meetings. The process will begin by adopting a resolution that will either
be subject to Permissive Referendum or result in a Public Hearing.
RESOLUTION #75 AUTHORIZE SUPERVISOR TO SIGN CHA PROPOSAL FOR
ADDITIONAL SERVICES FOR GUTCHESS LUMBER PARK
Motion by Councilman Proud
Seconded by Councilman Kasperek
VOTES: AYE - Tupper, Testa,
ADOPTED
Leach, Kasperek, Proud NAY - 0
BE IT RESOLVED, the Supervisor is hereby authorized and directed to sign the Extra Work
Authorization, proposal #X50354, dated April 10, 2017 to include:
Turf field design $ 4,500.00
Sports lighting design $ 9,750.00
Geotechnical engineering services $17,300.00
RESOLUTION #76 ACCEPT REQUEST FOR PROPOSAL FROM THOMA
DEVELOPMENT CONSULTANTS FOR GRANT
ADMINISTRATION & SERVICES OF THE 2016 TOWN -WIDE
HOUSING REHABILITATION GRANT PROGRAM
Motion by Councilman Kasperek
Seconded by Councilman Leach
VOTES: AYE - Tupper, Testa, Leach, Kasperek, Proud NAY - 0
ADOPTED
BE IT RESOLVED, the Town Board does hereby accept the Request for Proposal from Thoma
Development Consultants of 34 Tompkins St., Cortland, New York, to provide grant writing
services for the 2016 Town -Wide Housing Rehabilitation Grant Program, in the amount of
$66,000.
RESOLUTION # 77 AUTHORIZE SALARY INCREASE FOR DEPUTY TOWN
CLERK, BRIDGET L. YAPLE
Motion by Councilman Kasperek
Seconded by Councilman Leach
VOTES: AYE - Tupper, Testa, Leach, Kasperek, Proud NAY - 0
ADOPTED
BE IT RESOLVED, the Town Board does hereby acknowledge that Bridget L. Yaple, Deputy
Town Clerk, has successfully completed her probationary period of six months for the Town
Clerk's office and it is further
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RESOLVED, that Bridget L. Yaples salary increase of $340.00 shall be authorized.
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APRIL 19, 2017 TOWN BOARD MEETING PAGE 5
Councilman Proud made a motion, seconded by Councilman Testa, to receive and file the
Cortland County Planning Board, Resolution #17-09, and Planning Department review and
recommendations regarding Storage Squad, LLC, Aquifer Protection Permit Application. All
voting aye, the motion was carried.
RESOLUTION # 78 REQUEST TOWN OF CORTLANDVILLE PLANNING BOARD
BE LEAD AGENCY UNDER SEQR FOR THE AQUIFER
PROTECTION PERMIT APPLICATION SUBMITTED BY
STORAGE SQUAD, LLC
Motion by Councilman Proud
Seconded by Councilman Testa
VOTES: AYE — Tupper, Proud, Leach, Testa, Kasperek NAY - 0
ADOPTED
WHEREAS, an Aquifer Protection Permit Application was submitted by Storage Squad, LLC for
property located at NYS Route 13, tax map #96.06-01-15.210, and
WHEREAS, under the rules and regulations of SEQR an agency must be identified as the Lead
Agency for certain applications, which an Aquifer Protection Permit qualifies, therefore
BE IT RESOLVED, the Town Board does hereby request the Town of Cortlandville Planning
Board be the Lead Agency regarding the Aquifer Protection Permit Application submitted by
Storage Squad, LLC.
Councilman Leach initiated discussion regarding the speed limit on East River Rd. He
stated it was examined a few years ago, but has concern regarding fatalities that have occurred
already. He asked the Board to put forth a resolution regarding a request for a speed limit
reduction.
RESOLUTION #79 AUTHORIZE REQUEST TO REDUCE SPEED LIMIT ON EAST
RIVER ROAD FROM THE INTERSECTION OF LORING
CROSSING GOING SOUTH 1.7 MILES IN THE TOWN OF
CORTLANDVILLE
Motion by Councilman Leach
Seconded by Councilman Testa
VOTES: AYE — Tupper, Testa, Proud, Leach, Kasperek NAY - 0
ADOPTED
WHEREAS, a request was received from Councilman Gregory K. Leach to reduce the speed
limit to 40 mph on East River Road, from the intersection of Loring Crossing going south 1.7
miles to the posted 30 MPH speed limit sign in the Town of Cortlandville, and
WHEREAS, because of the seven bends in the roadway, the different grading of the roadway,
and the residential homes that are close to the shoulder of the road, the roadway is dangerous for
vehicles and pedestrians, and
WHEREAS, East River Road is a County road, therefore
BE IT RESOLVED, the Town Board does hereby authorize and direct the request to reduce the
speed limit on East River Road to 40 mph, from the intersection of Loring Crossing going south 1.7
miles to the posted 30 MPH speed limit sign, be submitted to the NYS DOT for approval, via the
Cortland County Highway Superintendent for his input, as required.
APRIL 19, 2017 TOWN BOARD MEETING PAGE 6
No further comments or discussion were heard.
Councilman Leach made a motion, seconded by Councilman Kasperek, to adjourn the
Regular Meeting. All voting aye, the motion was carried.
The meeting was adjourned at 6:00 p.m.
Respectfully submitted,
Karen Q . Snyder, RMCI���
Town Clerk
Town of Cortlandville
*Note:
The final version of this meeting was submitted to the Town Board for their review on June 2, 2017.
The final version of this meeting was approved as written at the Town Board meeting of June 07, 2017.
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