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Home My WebLink About2017-10-04 Town Board MinutesOCTOBER 04, 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 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 Town Clerk, Karen Q. Snyder, RMC Absent: Councilperson, Kristin E. Rocco-Petrella Others present were: Town Attorney, John B. Folmer; Highway Sup't., Carl A. Bush, Jr.; Town Residents, Barb Leach, Pam Jenkins, John Reynolds, Glen & Pam Bassett, Steve Flatt, Pat Leach, Douglas Withey, and Russ Bean; Jeff Breed representing Gutchess Lumber; News Reporters: Sharon Stevans from Channel 2, Access TV, Robert Crennan from the Cortland Standard. RESOLUTION #162 AUTHORIZE PAYMENT OF VOUCHERS — OCTOBER Motion by Councilman Leach Seconded by Councilman Proud VOTES: AYE -Tupper, Testa, Proud, Leach NAY-0 ABSENT: Rocco-Petrella ADOPTED BE IT RESOLVED, the vouchers submitted have been audited and shall be paid as follows: Funds A, B, DA, DB Vouchers # 913-970 HE, HG, SS, SW General Fund A $ 21,643.94 General Fund B $ 3,382.98 General Fund DA $ 0.00 General Fund DB $193,111.03 Saunders Road Sewer Project HE $ 0.00 Gutchess Lumber Sports Complex HG $ 0.00 Sewer Fund SS $ 1,614.13 Water Fund SW $ 5,351.88 Funds CD1, CD3, CD4 Voucher # (None) BMills Rehab CD I $ 0.00 Town Wide Rehab CD3 $ 0.00 Business Devl CD4 $ 0.00 Funds SF, TA, TE Voucher # 38 C'Ville Fire District SF $ 0.00 Trust & Agency TA $ 73.70 Expendable Trust TE $ 0.00 Supervisor Tupper offered privilege of the floor to those in attendance. Russ Bean spoke regarding a form which is signed by Highway Superintendent and the Town Board. He said that after reviewing the form, there was nothing in it regarding the Board not interfering with the highway's budget. Councilman Proud said the Town Board can not interfere with the CHIPS funds, but they do have oversight in the budget process. It was a misunderstanding that is now cleared up. I P-3 OCTOBER 04, 2017 TOWN BOARD MEETING PAGE 2 Councilman Leach made a motion, seconded by Councilman Testa to acknowledge the following monthly reports from the Town Clerk, Supervisor, and Code Enforcement all for the month of September 2017. All voting Aye, the motion was carried. Councilman Leach made a motion, seconded by Councilman Proud, to receive and file correspondence from Charter Communications dated September 29, 2017, regarding programming. All voting aye, the motion was carried. Under new business, Town Clerk, Karen Q. Snyder presented the Board with the 2018 Tentative Budget. RESOLUTION #163 ACKNOWLEDGE RECEIVING 2018 TENTATIVE BUDGET Motion by Councilman Proud Seconded by Councilman Leach VOTES: AYE — Tupper, Testa, Proud, Leach NAY-0 ABSENT: Rocco-Petrella ADOPTED BE IT RESOLVED, the Town Clerk received the 2018 Tentative Budget on October 4, 2017 and has presented it to Town Board members, in accordance with Town Law. Attorney Folmer reported: Walmart Real Estate Escrow Attorney Folmer gave a history lesson and asked if anyone remembered where they were on January 19, 2006? On that day the Town opened an escrow account with Walmart Real Estate Business Trust. The purpose of that account was to defray costs associated with traffic and other required studies that were going to be done in connection with the review and eventual approval of the new Walmart facility on Route 13. Subsequent to that date there were additional funds deposited by Walmart and there were funds expended from it. As of today, the account has the balance of $1,425.94 and earns approximately $.02 every once in a while. It is not really the town's money so he would like the Board to adopt a resolution authorizing the Supervisor to close the escrow account and refund the present balance and any accrued interest back to the Walmart Real Estate Business Trust forwarding that balance to their attorneys; Harter, Secrest and Emery, LLC located in Rochester, New York. RESOLUTION #164 AUTHORIZE SUPERVISOR TO CLOSE THE WALMART REAL ESTATE BUSINESS TRUST ACCOUNT AND ISSUE A CHECK FROM THE REMAINING BALANCE OF $1,425.94 AND ANY ACCRUED INTEREST TO THEIR ATTORNEYS HARTER, SECREST & EMERY, LLC Motion by Councilman Leach Seconded by Councilman Proud VOTES: AYE — Tupper, Testa, Proud, Leach NAY — 0 ABSENT: Rocco-Petrella ADOPTED WHEREAS, On January 19, 2006, an escrow account was opened with Walmart Real Estate Business Trust in connection with the review and subsequent approval of the installation of the Walmart located on Route 13 in the Town of Cortlandville, and WHEREAS, the purpose of the account was to provide funds, deposited by the Trust to defray expenses to traffic and other studies, necessary for the complete review of the proposed construction, and WHEREAS, funds were thereafter expended from said fund, the last expenditure taking place in 2009, and OCTOBER 04, 2017 TOWN BOARD MEETING PAGE 3 WHEREAS, the studies and other requirements intended to be funded from said escrow account have been completed, with the result that there remain on deposit in said account the sum of 1,425.94, now therefore BE IT RESOLVED, the Supervisor is authorized and directed to close the above described escrow account and refund the present balance, together with any accrued interest to Walmart Real Estate Business Trust and forward payment thereof to said entity through their attorneys, Harter Secrest & Emery, LLP, 1600 Bausch & Lomb Place, Rochester, New York 14604-2711. - Troy & Banks Lighting Audit: John Folmer spoke about Troy and Banks and possibly doing a lighting audit. Carl has received an estimate from National Grid and it was $134,000 up front and the payback was only 7 or 7.5 years. The town may be able to look into grants to off -set these costs. Councilman Proud spoke of Climate Smart Communities and the different possibilities with that program. He will bring it up again at the next meeting. Councilman Leach made a motion, seconded by Councilman Proud, to receive and file the petition dated September 27, 2017, regarding a proposed Byrne Dairy retail store & fueling facility to be located at 260 Tompkins Street. All voting aye, the motion was carried. Attorney Folmer apprised the Board that the petition had typed names on it and that it did not contain original signatures. RESOLUTION #165 AUTHORIZE APPROVAL OF PAYMENT TO THOMA DEVELOPMENT CONSULTANTS IN THE AMOUNT OF $6,400.00 REGARDING ENERGY AUDITS AND LEAD RISK ASSESSMENTS FOR THE TOWN -WIDE HOUSING REHABILITATION GRANT PROGRAM CDBG 4287HR326-16 Motion by Councilman Proud Seconded by Councilman Leach VOTES: AYE — Tupper, Testa, Proud, Leach NAY — 0 ABSENT: Rocco-Petrella ADOPTED BE IT RESOLVED, the Town Board does hereby authorize approval of payment to Thoma Development Consultants regarding the Town -Wide Housing Rehabilitation Grant Program- CDBG #287HR326-16 for energy audits and lead risk assessments. RESOLUTION #166 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 JEFFREY KING Motion by Councilman Leach Seconded by Councilman Proud VOTES: AYE — Tupper, Testa, Proud, Leach NAY — 0 ABSENT: Rocco-Petrella 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 Jeffrey King, 4473 Route 41, Cortland , New York regarding the loan funds by the Town's CDBG Program for the total amount of $22,200.00. 1 1 Lj OCTOBER 04, 2017 TOWN BOARD MEETING PAGE 4 RESOLUTION #167 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 LOUIS THOMPSON Motion by Councilman Leach Seconded by Councilman Proud VOTES: AYE — Tupper, Testa, Proud, Leach NAY — 0 ABSENT: Rocco-Petrella 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 Louis Thompson, 1539 Saunders Road, Cortland, New York regarding the loan funds by the Town's CDBG Program for the total amount of $25,483.00 RESOLUTION #168 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 PATRICIA M. OSTRANDER Motion by Councilman Leach Seconded by Councilman Proud VOTES: AYE — Tupper, Testa, Proud, Leach NAY — 0 ABSENT: Rocco-Petrella 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 Patricia M. Ostrander, 3221 S. Cortland -Virgil Road, Cortland, New York regarding the loan funds by the Town's CDBG Program for the total amount of $29,150.00. RESOLUTION #169 DECLARE NEGATIVE IMPACT FOR AQUIFER PROTECTION PERMIT APPLICATION OF 2017 SUBMITTED BY E&V ENERGY FOR PROPERTY LOCATED ON US ROUTE 11 Motion by Councilman Proud Seconded by Councilman Leach VOTES: AYE - Tupper, Testa, Proud, Leach NAY — 0 ABSENT: Rocco-Petrella ADOPTED WHEREAS, an Aquifer Protection Permit application was submitted by E&V Energy to permit the installation of (4) 25,000 gallon storage tanks within containment area along with truck loading area for containment, for a property located at 3951 Route 11, and WHEREAS, the Town Board as Lead Agent, duly reviewed and completed the Short Environmental Assessment Form, therefore BE IT RESOLVED, the Town Board as Lead Agent does hereby declare the proposed project of E&V Energy, Aquifer Protection Permit application of 2017, shall have no significant environmental impact. 1p OCTOBER 04, 2017 TOWN BOARD MEETING PAGE 5 RESOLUTION #170 AUTHORIZE SUPERVISOR TO SIGN SEQRA APLICATION OF AQUIFER PROTECTION PERMIT APPLICATION OF 2017 SUBMITTED BY E & V ENERGY Motion by Councilman Leach Seconded by Councilman Proud VOTES: AYE - Tupper, Testa, Proud, Leach NAY — 0 ABSENT: Rocco-Petrella ADOPTED BE IT RESOLVED, the Supervisor is hereby authorized and directed to sign the SEQRA application relating to Aquifer Protection Permit application of 2017, submitted by E&V Energy. Councilman Leach questioned if there was anything back from the State D.O.T regarding the speed limit on East River Road. Leach also reported that Smokey O' Shea's located on Route 11 has been sold, but the deed is not yet recorded. The towns CEO Officer Desiree Campbell is aware of the new owner. It may be a month before we receive a copy of the conveyance. Once the deed is recorded the next steps can be taken. Councilman Proud apprised the Board that he will be sending an email with the Climate Smart Communities information. No further comments or discussion heard. Councilman Testa made a motion, seconded by Councilman Proud, to adjourn the Regular Meeting. All voting aye, the motion was carried. The meeting was adjourned at 5:30 p.m. Respectfully submitted, 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 November 01, 2017. The final version of this meeting was approved as written at the Town Board meeting of November 15, 2017.