HomeMy WebLinkAbout2017-05-17 Town Board MinutesMAY 17, 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 Raod, 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
Councilman, Walter J. Kasperek
Town Clerk, Karen Q. Snyder, RMC
Others present were: Highway Sup't. Carl A. Bush, Jr.; Town Resident; Barb Leach and
Pam Jenkins; Town Zoning Board of Appeals Member and resident, Lenore Lefevre; Robert
Creenan from the Cortland Standard, and Sharon Stevans from Channel 2, Access TV.
Supervisor Tupper called the meeting to order.
RESOLUTION # 83 AUTHORIZE PAYMENT OF VOUCHERS - MAY
Motion by Councilman Leach
Seconded by Councilman Testa
VOTES: AYE - Tupper, Testa, Proud, Leach, Kasperek NAY - 0
ADOPTED
BE IT RESOLVED, the vouchers submitted have been audited and shall be paid as follows:
Funds A, B, DA, DB
Voucher #407-464
General Fund A
$ 97,353.37
General Fund B
$ 58,440.88
Highway Fund DA
$ 0.00
Highway Fund DB
$ 23,173.45
Funds CD I, CD3, CD4
Voucher #(None)
BMills Rehab CD1
$ 0.00
Town Wide Rehab CD3
$ 0.00
Business Devl CD4
$ 0.00
Fund HA, HB, HC, HD,
Voucher #172-186
HE, SS, SW
Luker Rd Water HA
$ 0.00
Owego St Water HB
$ 0.00
NYS Rt 13 Sewer Rehab HC
$ 0.00
Oakcrest/Pendleton Sewer HD
$ 0.00
Saunders Rd Sewer HE
$ 0.00
Sewer SS
$ 5,789.39
Water SW
$ 11,149.21
Funds SF, TA, TE
Voucher #18-20
C'Ville Fire District SF
$ 0.00
Trust & Agency TA
$ 33,238.80
Expendable Trust TE
$ 0.00
Supervisor Tupper offered privilege of the floor to Pam Jenkins
Pam Jenkins reminded the Town Board that a Public Hearing was held on April 5, 2017
regarding the Gas Station Law. She requested, for the second time, that the Town Board
publically discuss their intentions.
The monthly reports of the Town Justices for the month of April were on the table for
review and are filed in the Town Clerk's office.
Councilman Proud made a motion, seconded by Councilman Kasperek, to receive and
file correspondence from Time Warner Cable, dated May 11, 2017, regarding programming
services. All voting aye, the motion was carried.
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MAY 17, 2017 TOWN BOARD MEETING PAGE 2
Supervisor Tupper apprised the Board that he received correspondence from Attorney
Folmer regarding a mining permit that was applied for in the Town of Cortlandville. He
explained that the DEC has asked the Board, being that they are an interested party, if they
wanted to act as Lead Agency. Attorney Folmer has mailed a response to the DEC indicating
that the Town would like to act as Lead Agency. Supervisor Tupper further explained as the
mine is only one thousand feet from our well the Town is definitely an interested party.
RESOLUTION #84 REFER AQUIFER PROTECTION PERMIT APPLICATION
SUBMITTED BY THE CLIFTON LAND COMPANY, LLC FOR
PROPERTY LOCATED AT 876 NYS ROUTE 13 TO THE TOWN
AND COUNTY PLANNING BOARDS FOR REVIEW AND
RECOMMENDTIONS
Motion by Councilman Proud
Seconded by Councilman Leach
VOTES: AYE — Tupper, Testa, Proud, Leach, Kasperek NAY-0
ADOPTED
BE IT RESOLVED, the Aquifer Protection Permit application submitted by Clifton Land
Company, LLC for property located at 876 NYS Route 13, tax map # 95.16-02-78.100, shall be
forwarded to the Town and County Planning Boards for review and recommendations regarding a
2,366+ sq. ft. automatic wash bay to an existing car wash building, and it is further
RESOLVED, the Aquifer Protection Permit application is hereby received and filed.
Supervisor Tupper discussed the Market & Feasibility Study for the Gutchess Lumber
Park & Sports Complex. He briefed the Board that a summary was filed in May of last year, but
it was not the entire report including the numerical calculations. He stated the completed study
will now be available for review in the Town Clerk's office.
Councilman Leach made a motion, seconded by Councilman Kasperek to receive and
file the completed Market & Feasibility Study, dated May 10, 2017, for the Gutchess Lumber
Park & Sports Complex. All voting aye, the motion was carried.
In regards to the Town of Cortlandville Health Reimbursement Account Plan, Supervisor
Tupper apprised the Board that the Town's personnel handbook instructs, in many instances, to
refer back to a plan. There was never a formalized plan for reference; however a formalized plan
is now available and filed with the Town's Bookkeeper Marcia Hicks.
Councilman Proud made a motion, seconded by Councilman Leach to receive and file the
Town of Cortlandville Health Reimbursement Account Plan Document. All voting aye, the
motion was carried.
Supervisor Tupper stated the following document to be received and filed explains the
Town's Employee Health plan.
Councilman Kasperek made a motion, seconded by Councilman Leach to receive and file
the Town of Cortlandville Health Reimbursement Account Summary Plan Description. All
voting aye, the motion was carried.
Councilman Leach reminded the Board of the request to reduce the speed limit on East
River Road from Route 11 to Lorings Crossing. He asked if that request could be amended to
take the speed limit reduction to the Town Line just before Parks Road.
MAY 17, 2017
PAGE 3
RESOLUTION #85
AUTHORIZE REQUEST TO REDUCE SPEED LIMIT ON EAST
RIVER ROAD FROM THE INTERSECTION OF ROUTE 11 TO
THE TOWN OF HOMER TOWN LINE IN THE TOWN OF
CORTLANDVILLE
Motion by Councilman Leach
Seconded by Councilman Proud
VOTES: AYE — Tupper, Testa, Proud, Leach, Kasperek NAY-0
ADOPTED
WHEREAS, a request was received from Town Councilman Gregory K. Leach to reduce the
speed limit to 40 mph on East River Road, from the intersection of Route 11 to the Town of
Homer town line within the Town of Cortlandville, and
WHEREAS, because of the seven bends in the roadway, the different grading of the roadway,
the residential homes that are close to the shoulder of the road, and due to a recent fatality 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 Route 11 to the Town of Homer
town line within the Town of Cortlandville, be submitted to the NYS DOT for approval, via the
Cortland County Highway Superintendent for his input, as required.
Supervisor Tupper alerted the Board of a discovery that several town roads do not have
posted speed limits of 30 MPH. He explained that the said roads are all developed residential
areas. He stated if a speed limit is not posted, the speed limit is considered to be 55 MPH. The
Town Board will officially request 30 MPH speed limits. Highway Superintendant has
confirmed which roads require speed limit reductions.
RESOLUTION #86 AUTHORIZE REQUEST TO REDUCE SPEED LIMIT ON
SEVERAL TOWN ROADS WITHIN THE TOWN OF
CORTLANDVILLE
Motion by Councilman Leach
Seconded by Councilman Kasperek
VOTES: AYE — Tupper, Testa, Proud, Leach, Kasperek NAY-0
ADOPTED
WHEREAS, a request was submitted by Town Highway Superintendent, Carl A. Bush, Jr. to the
Town Board of Cortlandville, requesting the speed limits be reduced on several town roads,
which follow:
Parti Drive .20 miles
Collegeview Drive .33 miles
Gwen Lane .19 miles
Hart Drive .05 miles
Fieldcrest Drive .16 miles
Woodside Drive .14 miles
Northway 15 miles Hillside Drive .30 miles
Meadow Lane .12 miles
Clinton Street (outside Village of McGraw) .5 miles
NOW THEREFORE;
BE IT RESOLVED, the Town Board does hereby authorize and direct this request be sent to the
NYS DOT for approval, via the Cortland County Highway Superintendent for his input, as
required
Councilman Leach made a public announcement regarding a rash of car burglaries that have
occurred in the Blodgett Mills area of West River Road and Kellogg Road. He alerted residents
to be vigilant and to lock their vehicles.
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MAY 17, 2017 TOWN BOARD MEETING PAGE 4
Councilman Leach also informed the Board that he has decided it would be in the best
interest of the Town Board to recuse himself on any and all conversations involving the pending
Gas Station Law. He relayed that in light of certain misconceptions, he does not wish to be a
poor influence on the Board in regards to decisions. Supervisor Tupper interjected that recusal
was strictly Councilman Leach's decision, as Attorney Folmer has indicated that it is not
necessary to do so.
Councilman Proud communicated to the Board that he attended a training session on
climate change. He explained the Climate Smart Communites Pledge and urged the Board to
give it consideration. He provided the Town Board with material as an introduction to the topic
and briefed the Board that the Pledge is a way for the Town of Cortlandville to take a step
forward and acknowledge that climate change is an issue. The Pledge lays out the steps to be
taken for the Board to be involved.
Councilman Proud also addressed comments received in regards to the Public Hearing
held on April 5, 2017. Councilman Leach recused himself and left the meeting.
Councilman Proud stated when he received the finalized minutes of the April 5, 2017
Public Hearing, which the next Town Board Meeting was conducted in McGraw. He explained
as McGraw is not the usual meeting place for Town Board meetings, the topic of the Gas Station
Law was not discussed because public attendance is not as high. Councilman Proud stated that
he reviewed the minutes of the Public Hearing and highlighted twenty eight comments made by
the thirteen people who spoke. He relayed he considered some of the comments to be major and
would require a considerable amount of discussion. He indicated a few of the comments could
be discussed at this present meeting.
One comment was recusal. Councilman Proud conveyed his disappointment that due to
accusations made against Councilman Leach and his business that Councilman Leach personally
decided to recuse himself. Councilman Proud recognized that although it was not necessary for
Councilman Leach to do so, he appreciated Councilman Leach's decision to not be a distraction
for discussion regarding the Gas Station Law. Councilman Proud asserted that in light of
Councilman Leach's decision, he considers the comment of recusal, which was initiated in the
Public Hearing, to now be off the table.
Another comment raised at the Public Hearing, that Councilman Proud felt could be
discussed in this meeting, was residents' objections to the number of gas stations in the Town of
Cortlandville. He stated he does not believe that to be an issue for the Town Board, the Town
Planning Board or any other Cortlandville Board to decide. Councilman Proud said those are
entrepreneurial decisions. The Town Board is not the forum for those types of decisions.
Councilman Proud sought opinions of his fellow Board members in relation to
Councilman Leach's decision to recuse himself on Gas Station Law discussion. Supervisor
Tupper responded by agreeing that he is sorry Councilman Leach was put into a position to make
such a decision, but understood Councilman Leach's wish to avoid future conflict. Supervisor
Tupper reiterated that Attorney Folmer informed Councilman Leach that it was not necessary for
him to recuse himself. In regards to Councilman Proud's analysis of residents voicing
opposition to the number of gas stations in the Town of Cortlandvillle, Supervisor Tupper
concurred that the issue is pure economics and not an obligation for any Cortlandville Board
member to decide.
In response to Pam Jenkins request for public discussion on Gas Station Law, Supervisor
Tupper stated the Board will examine and discuss items at each Town Board meeting held at the
Raymond G. Thorpe Building in order to address the complete list of concerns/comments voiced
at the April 5, 2017 Public Hearing.
No further comments or discussion were heard.
Councilman Proud made a motion, seconded by Councilman Leach, to adjourn the
Regular Meeting. All voting aye, the motion was carried.
The meeting was adjourned at 5:30 p.m.
Res ectfully subbmiffed,
Karen Q. Snyder, RMC
Town Clerk
Town of Cortlandville
*Note:
The final version of this meeting was submitted to the Town Board for their review on June 30, 2017.
The final version of this meeting was approved as written at the Town Board meeting of July 05. 2017.