HomeMy WebLinkAbout2017-07-05 Town Board MinutesJULY 05, 2017 5:00 P.M.
TOWN BOARD MEETING
The Regular Town Board Meeting of the Town Board of the Town of Cortlandville was
held at the J. M. McDonald Center, 4292 Fairground Drive, 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
Councilperson, Kristin E. Rocco-Petrella
Town Clerk, Karen Q. Snyder, RMC
Others present were: Town Attorney, John B. Folmer; Highway Sup't. Carl A. Bush, Jr.;
Hugh Riehlman, President of the CNY Living History Center; Richard Bush of the Cortland
County Ag. Corp.; Town Residents; Barb Leach and Pam Jenkins; New Reporter, Robert
Creenan from the Cortland Standard and Sharon Stevans for Channel 2, Access TV.
Supervisor Tupper called the meeting to order.
Councilman Leach made a motion, seconded by Councilman Testa, to receive and file the
Cortlandville Zoning Board of Appeals Minutes of April 25, 2017. All voting aye, the motion
was carried.
Councilman Leach made a motion, seconded by Councilman Testa, to receive and file the
Cortlandville Planning Board Minutes of April 25, 2017. All voting aye, the motion was carried.
Councilman Leach made a motion, seconded by Councilman Proud approve the Town
Board Minutes of May 17, 2017 as submitted. All voting aye, the motion was carried.
Councilman Leach made a motion, seconded by Councilman Proud approve the Town
Board Minutes of June 7, 2017 as submitted. All voting aye, the motion was carried.
Councilman Leach made a motion, seconded by Councilman Proud approve the Special
Town Board Minutes of June 12, 2017 as submitted. All voting aye, the motion was carried.
RESOLUTION # 113 AUTHORIZE SUPERVISOR TO SIGN PURCHASE ORDER
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 #1374 submitted by Highway Sup't. Carl A. Bush, Jr. to be paid to CNY Farm
Supply for a new hydraulic pump for the Alamo Roadside Mower, for the total cost of $5,251.11.
RESOLUTION #114 AUTHORIZE PAYMENT OF VOUCHERS — JULY
Motion by Councilman Leach
Seconded by Councilman Testa
VOTES: AYE -Tupper, Testa, Proud, Leach, 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 #570-612
General Fund A $ 97,518.74
General Fund B $ 3,535.65
General Fund DA $ 0.00
General Fund DB $ 22,566.23
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JULY 05, 2017 TOWN BOARD MEETING
Funds CD I, 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 #2224-234
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 $ 18,795.25
Water SW $ 14,472.84
Funds SF, TA, TE Voucher # (None)
C'Ville Fire District SF $ 0.00
Trust & Agency TA $ 0.00
Expendable Trust TE $ 0.00
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Supervisor Tupper offered privilege of the floor to Pam Jenkins of Collegeview Drive.
Ms. Jenkins questioned if Councilman Leach and Mrs. Leach should vacate the room as
she was going to speak about land owned by the Leach Family.
Attorney Folmer indicated that Ms. Jenkins email was received at the town today and he
had not had the opportunity to discuss the situation with the town's Planning/Zoning Officer,
Bruce Weber. He indicated until he speaks to Mr. Weber no one here would make any comment.
Ms. Jenkins continued by stating six (6) Justices have ruled against Mr. Leach on the first
Article 78. She stated they ruled Mr. Leach does not have the right to use that land. Mr. Folmer
stated he was not going to quarrel with Ms. Jenkins over what a Judge.... adding he does not
think it is fair to say that the Judge ruled that a man cannot use his own real property for certain
purposes. The Judge ruled, the requests that were made for the particular permits were not
properly granted. That ruling, Mr. Folmer does not believe, requires Mr. Leach not use his real
property. Ms. Jenkins argued with Mr. Folmer, stating her Attorney stated that is what the
Justices ordered. Mr. Folmer indicated he was not interested in what her Attorney said. Mr.
Folmer stated to Ms. Jenkins he was not sure that is what the Judge's decision requires Mr.
Leach to do, adding that this is her opinion on the matter and is not subject to discussion until
such time Mr. Weber and himself have investigated what she claims is the use of his property.
Ms. Jenkins provided an aerial photograph of his property taken yesterday morning. She
stated there are a semi -tractor trailer, many vehicles and equipment. Mr. Folmer understood
there are a collection of classic Brockway Trucks, which are personally owned by Mr. Leach,
which are put out in a point in time when the weather permits. Mr. Folmer reiterated to Ms.
Jenkins that he was not going to discuss the matter and it is not appropriate to discuss it at this
Town Board meeting.
Ms. Jenkins had a final request and that was when the matter is discussed she requested
the Cortlandville Zoning be enforced. Mr. Folmer stated we would enforce Cortlandville
Zoning, as we are required to do. Ms. Jenkins thanked the Board.
Attached to these minutes is correspondence, dated July 5, 2017 from Pam Jenkins
regarding the information she just addressed with the Town Board.
The monthly reports of the Town Clerk, Town Supervisor, Code Enforcement Officer
and the Water & Sewer Department for the month of June 2017 were on the table for review and
are filed in the Town Clerk's office.
The Board members requested monthly reports now be submitted as part of their agenda.
Councilman Proud stated the Board receives monthly reports from the Code Enforcement
Officer, Kevin McMahon covering of his responsibilities. He also is requesting the Board
receive monthly reports from Code Enforcement Officer, Desiree Campbell covering her
responsibilities along with her Fire Safety Inspections. Supervisor Tupper stated he would speak
with her.
Councilman Proud made a motion, seconded by Councilperson Rocco-Petrella to receive
and file correspondence, dated June 30, 2017 from Charter Communications regarding
programming. All voting aye, the motion was carried.
Councilman Leach questioned when Time Warner's Franchise Agreement is coming
due? Supervisor Tupper indicated the town is operating on a franchise agreement, which expired
in 2005. Attorney Folmer questioned is the Cable Commission would be able to negotiate with
Spectrum.
JULY 05, 2017 TOWN BOARD MEETING PAGE 3
Town Clerk Snyder reported:
Town Clerk Snyder requested the Board receive and file the Town of Groton's Local
Law 43 of 2017 submitted, regarding their commercial energy facilities. Attorney Folmer added,
towns under General Municipal Law are to required to notify adjoining municipalities regarding
their proposed Local Laws
RESOLUTION # 115 ACCEPT RESIGNATION FROM BRIDGET L. YAPLE AS
DEPUTY TOWN CLERK EFFECTIVE JULY 7, 2017
Motioned by Councilman Proud
Seconded by Councilman Testa
VOTES: AYE — Tupper, Testa, Proud, Leach, Rocco-Petrella NAY — 0
ADOPTED
BE IT RESOLVED, the Town Board does hereby with deep regret accept the letter of
resignation from Bridget L. Yaple as Deputy Town Clerk, to be effective July 7, 2017, and it is
further
RESOLVED, her letter of resignation is hereby received and filed.
Attorney Folmer reported:
Bond Closing:
The closing for the Bond is scheduled for Thursday July 61h, 2017 at 11:00 am. This
Bonding is for the Oakcrest/Pendleton Street Sewer, Luker Road Water and the Owego Street
Projects, combined.
Gutchess Lumber Park Sports Complex:
The town is waiting for the Permissive Referendum period to expire in regards to the
financial transaction of the Gutchess Lumber Sports Complex.
Article 78 Proceedings:
A return date has been scheduled for July 20, 2017 with the town appearing before Judge
Cerio here in Cortland, New York to take the next step in the process.
South Hill Dump:
The town has received from the State of New York DEC a contract regarding the Consent
Order for the South Hill Dump. The Board had a concern with regard to the Consent Order and
wanted it clear in the Order the town would not be responsible for costs, which incurred prior to
the date of Consent Order. Mr. Folmer and Councilman Proud both reviewed the transmittal
letter and the Order and concur the Order does provide the town will not be responsible for any
costs incurred prior to the date of the Consent Order. The Order does require the town to
undertake future costs, the monitoring and maintenance of the site. The State will provide a list
in order for the town to monitor and maintain the South Hill Dump along with the key, as the
facility is fenced and padlocked.
RESOLUTION # 116 AUTHORIZE SUPERVISOR TO SIGN CONSENT ORDER
PROVIDED FROM THE NYS DEC REGARDING SOUTH
HILL DUMP
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 the
Consent Order provided by the New York State Department of Conservation regarding the South
Hill Dump, located on South Hill Road in the Town of Cortlandville, subject to Town Attorney
approval.
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JULY 055 2017 TOWN BOARD MEETING PAGE 4
Councilman Leach made a motion, seconded by Councilperson Rocco-Petrella to receive
and file correspondence, dated June 19, 2017 from NYS Homes & Community Renewal
regarding the town's Six Month Progress Report for the Town -Wide Housing Rehabilitation
Program (CDBG) Grant #287HR326-16. All voting aye, the motion was carried.
Councilman Leach made a motion, seconded by Councilman Proud to receive and file
correspondence, dated June 27, 2017 from NYS Homes & Community Renewal regarding the
town's Post Monitoring — No Findings for the Forkey Construction & Fabrication, Inc. (CDBG)
Grant #287ED798-14. All voting aye, the motion was carried.
RESOLUTION # 117 AUTHORIZE SUPERVISOR TO SIGN CLOSEOUT
DOCUMENTS REGARDING FORKEY CONSTRUCTION &
FABRICATION, INC. CDBG GRANT #287ED798-14
Motion by Councilman Testa
Seconded by Councilman Rocco-Petrella
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 the
Closeout Documents from the NYS Homes & Community Renewal regarding Forkey
Construction & Fabrication, Inc., CDBG Grant #287ED798-14, as the town has satisfactorily
completed the CDBG project.
Councilman Leach made a motion, seconded by Councilman Proud to receive and file the
completed Project Reports for Gutchess Park, dated June 27, 2017 prepared by CHA Project
411191. All voting aye, the motion was carried.
The Board discussed the current name of the future town park "Gutchess Park." The
Board members agreed the park's official name would now be called the "Gutchess Lumber
Sports Complex."
RESOLUTION #118 AGREE TO THE OFFICIAL TITLE FOR THE TOWN OF
CORTLANDVILLE'S FUTURE PARK
Motion by Councilman Testa
Seconded by Councilman Leach
VOTES: AYE — Tupper, Testa, Proud, Leach, Rocco-Petrella NAY — 0
ADOPTED
BE IT RESOLVD, the Town Board does hereby agree to the renaming of Gutchess Park to the
official title "Gutchess Lumber Sports Complex", and it is further
RESOLVED, this official title will take effect immediately.
Councilman Proud shared with the Board regarding the town's quarterly billing stating
what has been collected to date is on target with the 2017 budget. He also shared information
regarding the Susquehanna River Basin and what the town is required to report to the River
Basin Commission.
Councilman Proud also discussed with the Board the application the town is preparing to
submit for the Source Water Protection (SWP) Grant. Part of the application process is the
Board would be required to adopt a "Climate Smart Community Pledge." Councilman Proud
provided documents for the Board's consideration for adoption of such pledge possibly at the
next Town Board meeting. This pledge along with other requirements for the SWP grant should
be accomplished in the future but is not required at the time of submittal of the grant application.
JULY 05, 2017 TOWN BOARD MEETING PAGE 5
Councilperson Rocco-Petrella questioned what other items could the town work towards.
Councilman Proud stated the first item recommended is the town work towards taking an
inventory at the town facilities, such as how much electricity is used within the facilities. Other
steps the town could take would be to replace bulbs within the town parking lots, parks and other
town facilities with LED lights. The town could also facilitate energy conservation for an entire
community. These are just a few ideas.
Councilman Leach introduced Richard Bush, Cortland County Fair Superintendent and
Hugh Riehlman, President of the Living History Museum.
Mr. Bush welcomed the Board to the Cortland County Fair. He mentioned the fair
ground site dates back as far as 1840, which the site operated as a racetrack, adding the fair has
been in existence since 1956. He also stated the Ripley Farms daughter won Fair Princess.
Mr. Riehlman shared with the Board the museum has had over 8000 visitors adding the
museum has become an economic engine for the community. He also offered the Town Board
entertains holding a Town Board meeting at the museum during the year.
Councilman Leach recommended the Board members visit the museum if they have not
already. The Homeville Museum includes a WWI display and the Tractors of Yesteryear are
incredible.
Councilman Leach thanked Mr. Bush and Mr. Riehlman for all they do for the
community.
No further comments or discussion were heard.
Councilman Testa made a motion, seconded by Councilman Leach, to adjourn the
Regular Meeting. All voting aye, the motion was carried.
The meeting was adjourned at 5:45 p.m.
Respectfully submitted,
OL�C.Qirt�
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 August 13, 2017.
The final version of this meeting was approved as written at the Town Board meeting of August 16, 2017 .
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