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HomeMy WebLinkAbout2016-03-30 Town Board Minutes37 MARCH 30, 2016 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, John C. Proud Councilman, Gregory K. Leach Town Clerk, Karen Q. Snyder, RMC Others present were: Town Attorney, John Folmer; Highway Sup't. Carl Bush; Walter Kasperek; Barb Leach; Andrea Niggli; Pat Leach; Larie & William Cifaratta; Kristin Proud; Steve Terwilliger; Nick Dunn; Bob Ferris; Andrea Rankin; Michelle Phelps; News Reporters: Tyrone Heppard from the Cortland Standard, Peter Blanchard from the Cortland Voice, and Sharon Stevans from Channel 2, Access TV. Supervisor Tupper called the meeting to order. Supervisor Tupper announced that there was a vacancy for a Town Councilman position that the Board would like to fill. Councilman Testa made a motion to appoint Walter Kasperek as Town Councilman. Councilman Leach seconded the motion and mentioned that Mr. Kasperek has had a business in the Town for over thirty years, and stated that he would be a good addition to the Town Board. RESOLUTION #62 APPOINT WALTER J. KASPEREK AS TOWN COUNCILMAN Motion by Councilman Testa Seconded by Councilman Leach VOTES: AYE — Tupper, Testa, Proud, Leach NAY — 0 ADOPTED WHEREAS, due to the resignation for retirement of Ron L. Rocco, an elected Councilman for the Town of Cortlandville Town Board, a vacancy has occurred, therefore BE IT RESOLVED, the Town Board of the Town of Cortlandville does hereby appoint Walter J. Kasperek, 2003 Ames Road, Cortland, New York as Councilman for the Town of Cortlandville, effective March 30, 2016, and it is further RESOLVED, that such term shall expire December 31, 2016. Town Clerk Snyder gave Mr. Kasperek his official oath of office and he took his seat at the Board table. Councilman Proud made a motion, seconded by Councilman Leach, to approve the Draft Town Board Minutes of March 2, 2016 as submitted. All voting aye, the motion was carried. Supervisor Tupper mentioned that the Purchase Order for Vantage Equipment was tabled at the March 16, 2016 Town Board Meeting. RESOLUTION #63 AUTHORIZE PAYMENT OF VOUCHERS - MARCH Motion by Councilman Leach Seconded by Councilman Proud 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: MARCH 30, 2016 TOWN BOARD MEETING PAGE 2 Funds A, B, DA, DB Voucher #274-313 General Fund A $ 40,283.57 General Fund B $ 4,207.13 Highway Fund DA $ 0.00 Highway Fund DB $ 17,512.35 Funds CD I, CD3, CD4 Voucher #1-2 BMills Rehab CD $ 0.00 Town Wide Rehab CD3 $ 0.00 Business Devl CD4 $390,000.00 Fund HA, HB, HC, HD, Voucher #121-138 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 $ 3,751.23 Water SW $ 7,993.20 Funds SF, TA, TE Voucher #12-15 C'Ville Fire District SF $ 0.00 Trust & Agency TA $ 39,064.36 Expendable Trust TE $ 0.00 Councilman Proud mentioned that there were two rather large bills paid out of the Business Development fund. Supervisor Tupper explained that the Town made a 5-year loan from Economic Development funds to Forkey Construction & Fabrication, Inc. to purchase a high-tech, robotic welding machine that could do the work of 8 people. The Loan and Security Agreement was previously authorized at the September 17, 2014 Town Board Meeting. The Town also gave a grant to Pyrotek so they could hook up to public sewer due to a failing septic system. Supervisor Tupper reported that there were no requests for privilege of the floor. RESOLUTION #64 AUTHORIZE THE CORTLAND CITY SCHOOL DISTRICT USE OF THE TOWN MEETING ROOM TO CONDUCT THEIR ANNUAL SCHOOL BOARD ELECTION ON MAY 17, 2016 Motion by Councilman Proud Seconded by Councilman Testa VOTES: AYE - Tupper, Testa, Proud, Leach, Kasperek NAY - 0 ADOPTED BE IT RESOLVED, the Town Board does hereby authorize the Cortland City School District use of the Town meeting room in the Raymond G. Thorpe Municipal Building, to conduct their annual Budget Vote and School Board Elections on Tuesday, May 17, 2016 from 11:30 a.m. to 9:30 p.m. Councilman Leach made a motion, seconded by Councilman Testa, to receive and file Cortland County Planning Department recommendations, dated March 11, 2016, and Cortland County Planning Board Resolution 916-09, dated March 16, 2016, regarding the Aquifer Protection Permit application submitted by Matthew Vredenburgh for Dr. Chris Smith, for property located off of Luker Road, tax map #95.08-01-18.000. All voting aye, the motion was carried. RESOLUTION #65 SCHEDULE PUBLIC HEARING FOR AQUIFER PROTECTION PERMIT SUBMITTED BY MATTHEW VREDENBURGH FOR PROPERTY LOCATED OFF OF LUKER ROAD Motion by Councilman Leach Seconded by Councilman Testa VOTES: AYE - Tupper, Testa, Proud, Leach, Kasperek NAY - 0 ADOPTED 37 MARCH 30, 2016 TOWN BOARD MEETING PAGE 3 BE IT RESOLVED, a Public Hearing shall be scheduled for April 20, 2016 at 5:00 p.m. at the Raymond G. Thorpe Municipal Building, 3577 Terrace Road, Cortland, New York, for the Aquifer Protection Permit application submitted by Matthew Vredenburgh for Dr. Chris Smith, for property located off of Luker Road, tax map #95.08-01-18.000. Attorney Folmer reported: Highway Equipment Capital Reserve: Attorney Folmer discussed the Purchase Order submitted by Highway Sup't. Bush for a new Volvo Excavator, which the Board tabled at the March 16, 2016 Town Board Meeting. He explained that in order to expend the funds, the Board must adopt a resolution authorizing the expenditure from the Highway Equipment Reserve Fund, subject to permissive referendum. Attorney Folmer read aloud the resolution he prepared. Supervisor Tupper mentioned that the Town has about $500,000 in the Highway Equipment Reserve Fund. RESOLUTION 966 AUTHORIZE THE EXPENDITURE OF $240,121.00 FROM THE HIGHWAY EQUIPMENT CAPITAL RESERVE FUND SUBJECT TO PERMISSIVE REFERENDUM Motion by Councilman Proud Seconded by Councilman Leach VOTES: AYE - Tupper, Testa, Proud, Leach, Kasperek NAY - 0 ADOPTED WHEREAS, the Town Board has heretofore established a Capital Reserve Fund for the financing of purchases of Highway Equipment, and WHEREAS, no expenditure from said Fund shall be made without authorization of the Town Board, and WHEREAS, it is desired to expend the sum of $240,121.00 from said Fund to purchase a Volvo Excavator at the request of the Superintendent of Highways, NOW THEREFORE, BE IT RESOLVED, that there is authorized the expenditure of said sum from the Highway Equipment Capital Reserve Fund for such purchase, and BE IT FURTHER RESOLVED, this Resolution shall be subject to Permissive Referendum as required by law. Bonding for the Luker Road and Owego Street (Route 215) Water Main Installation Project: Attorney Folmer recalled that on June 17, 2015 the Board adopted two separate Bond Resolutions for the Luker Road and Owego Street (Route 215) Water Main Installation Projects. The Luker Road Bond was in the amount of $801,000, while the Owego Street (Route 215) Bond was for $288,000. Since then, the Town received a Revised Engineering Report indicating that the Luker Road project would cost close to $1.1 million, and the Owego Street (Route 215) project would cost $300,000. In order to amend the Bonding Resolutions, it was necessary for the Board to adopt two orders calling for a public hearing to be held on April 20, 2016 at 5:00 p.m. in regard to each proposal. Supervisor Tupper explained that the Board sent the plans to the Cortland County Health Department for review. The Health Department made several revisions to the plans, which increased the cost of the projects. The Town's engineering firm, CHA, agreed with the changes to the plans. IN MARCH 30, 2016 TOWN BOARD MEETING PAGE 4 RESOLUTION #67 ADOPT ORDER CALLING FOR A PUBLIC HEARING TO BE HELD FOR THE INCREASE AND IMPROVEMENT OF FACILITIES OF THE TOWNWIDE WATER DISTRICT (LUKER ROAD), IN THE TOWN OF CORTLANDVILLE, IN THE COUNTY OF CORTLAND, NEW YORK, PURSUANT TO SECTION 202-B OF THE TOWN LAW Motion by Councilman Leach Seconded by Councilman Proud VOTES: Supervisor Tupper Aye Councilman Testa Aye Councilman Proud Aye Councilman Leach Aye Councilman Kasperek Aye ADOPTED WHEREAS, the Town Board of the Town of Cortlandville (herein called the "Town"), in the County of Cortland, New York, on behalf of the Townwide Water District (herein called the "District"), has caused an engineer duly licensed by the State of New York (the "Engineer") to prepare a preliminary map and plan for the increase and improvement of facilities of the District, consisting of the installation of public water service along Luker Road from Route 281 to the existing water main termination located at the southern end of Luker Road, including ancillary work in connection therewith, as described in the engineering report prepared for the Town by CHA engineers dated March 3, 2015 and pursuant to the direction of the Town, the Engineer has completed and filed with the Town Board such map and plan for said increase and improvement of facilities of the District and has estimated the total cost thereof to be $801,000; and WHEREAS, on June 3, 2015, after a public hearing duly called and held, the Town Board adopted a resolution authorizing the project pursuant to Section 202-b of the Town Law; and WHEREAS, the maximum amount to be expended for such increase and improvement of facilities of the District, as set forth in the resolution duly adopted on June 3, 2015, was originally estimated to be $801,000; and WHEREAS, the maximum amount proposed to be expended for the increase and improvement of facilities of the District has now been determined to be $1,100,000, as reflected in a revised engineer's report; and WHEREAS, the Town Board of the Town of Cortlandville have complied in every respect with all applicable federal, state and local laws and regulations regarding environmental matters, including compliance with the New York State Environmental Quality Review Act ("SEQRA"), constituting Article 8 of the Environmental Conservation Law and, in connection therewith, the Town Board has determined that the proposed increase and improvement of facilities of the District is a Type II action for purposes of SEQRA and no further act or determination is required for SEQRA purposes; Now, therefore, be it ORDERED, that a meeting of the Town Board of the Town of Cortlandville be held at the Raymond G. Thorpe Municipal Building located at 3577 Terrace Road, Cortland, New York, on the 20th day of April, 2016 at 5:00 o'clock P.M. (Prevailing Time) to consider said increase and improvement of facilities of the District and to hear all persons interested in the subject thereof concerning the same and for such other action on the part of the Town Board with relation thereto as may be required by law; and be it, FURTHER ORDERED, that the Town Clerk publish at least once in "The Cortland Standard," hereby designated as the official newspaper of the Town for such publication, and post on the sign board of the Town maintained pursuant to subdivision 6 of Section 30 of the Town Law, a Notice of such public hearing certified by said Town Clerk in substantially the form attached as Exhibit A, the first publication thereof and said posting to be not less than ten (10) nor more than twenty (20) days before the date of such public hearing. 1 -1W MARCH 30, 2016 TOWN BOARD MEETING PAGE 5 RESOLUTION #68 ADOPT ORDER CALLING FOR A PUBLIC HEARING TO BE HELD FOR THE INCREASE AND IMPROVEMENT OF FACILITIES OF THE TOWNWIDE WATER DISTRICT (OWEGO STREET), IN THE TOWN OF CORTLANDVILLE, IN THE COUNTY OF CORTLAND, NEW YORK, PURSUANT TO SECTION 202-B OF THE TOWN LAW Motion by Councilman Leach Seconded by Councilman Proud VOTES: Supervisor Tupper Aye Councilman Testa Aye Councilman Proud Aye Councilman Leach Aye Councilman Kasperek Aye ADOPTED WHEREAS, the Town Board of the Town of Cortlandville (herein called the "Town"), in the County of Cortland, New York, on behalf of the Townwide Water District (herein called the "District"), has caused an engineer duly licensed by the State of New York (the "Engineer") to prepare a preliminary map and plan for the increase and improvement of facilities of the District, consisting of the water main replacement along Owego Street (Route 215) from Starr Road to just south of Lansing Avenue, including ancillary work in connection therewith, as described in the engineering report prepared for the Town by CHA engineers dated April 23, 2015, and pursuant to the direction of the Town, the Engineer has completed and filed with the Town Board such map and plan for said increase and improvement of facilities of the District and has estimated the total cost thereof to be $288,000; and WHEREAS, on June 3, 2015, after a public hearing duly called and held, the Town Board adopted a resolution authorizing the project pursuant to Section 202-b of the Town Law; and WHEREAS, the maximum amount to be expended for such increase and improvement of facilities of the District, as set forth in the resolution duly adopted on June 3, 2015, was originally estimated to be $288,000; and WHEREAS, the maximum amount proposed to be expended for the increase and improvement of facilities of the District has now been determined to be $300,000, reflected in a revised engineer's report; and WHEREAS, the Town Board of the Town of Cortlandville have complied in every respect with all applicable federal, state and local laws and regulations regarding environmental matters, including compliance with the New York State Environmental Quality Review Act ("SEQRA"), constituting Article 8 of the Environmental Conservation Law and, in connection therewith, the Town Board has determined that the proposed increase and improvement of facilities of the District is a Type II action for purposes of SEQRA and no further act or determination is required for SEQRA purposes; Now, therefore, be it ORDERED, that a meeting of the Town Board of the Town of Cortlandville be held at the Raymond G. Thorpe Municipal Building, located at 3577 Terrace Road, Cortland, New York, on the 20th day of April, 2016 at 5:00 o'clock P.M. (Prevailing Time) to consider said increase and improvement of facilities of the District and to hear all persons interested in the subject thereof concerning the same and for such other action on the part of the Town Board with relation thereto as may be required by law; and be it, FURTHER ORDERED, that the Town Clerk publish at least once in "The Cortland Standard," hereby designated as the official newspaper of the Town for such publication, and post on the sign board of the Town maintained pursuant to subdivision 6 of Section 30 of the Town Law, a Notice of such public hearing certified by said Town Clerk in substantially the form attached as Exhibit A, the first publication thereof and said posting to be not less than ten (10) nor more than twenty (20) days before the date of such public hearing. q�L MARCH 30, 2016 1•./►:•:Oki 0uI a a I I 01rel PAGE 6 Article 78 Proceeding — Jenkins et al. vs. Town of Cortlandville et al.: With regard to the Article 78 Proceeding filed against the Town by Jenkins et al., Attorney Folmer reported that the Court issued its decision indicating that the Petitioners have standing, and the procedural steps would be taken in order. He explained that the Orders have been filed, and the next step would be to compose a complete record of the proceedings. The Court would hear the matter at a later date. Article 78 Proceeding — Dave McMasters, LLC et al. vs. Town of Cortlandville et al.: Attorney Folmer reported that the Article 78 Proceeding filed against the Town by Dave McMasters regarding the interpretation of the Zoning Law by PZO Bruce Weber was assigned to Judge Campbell and returnable before her on April 22, 2016. Judge Campbell indicated that she did not intend to entertain oral arguments. Proposed Local Law for Retail Petroleum Sales Facilities: Attorney Folmer asked the Board for their guidance with regard to the proposed Local Law for Retail Petroleum Sales Facilities. He indicated that the Town now has a report from the Cortland County Planning Department and County Planning Board. It was his understanding that the Town Board wanted him to incorporate the suggestions from the staff report into the Draft and present the proposed Local Law in that form. The Board could then decide if they wanted to proceed and consider the proposed Local Law further. If so, the Board would have to complete Part I of the EAF because it requires a long form. He asked the Board to complete Part I in a public meeting. Attorney Folmer expected to have the Draft ready for the Board's next meeting on April 20, 2016. The Board agreed with the course of action. Councilman Proud commented that the County Planning Department's staff report was well thought out. Councilman Proud made a motion, seconded by Councilman Leach, to receive and file correspondence from New York State Senator James L. Seward to the New York State Department of Transportation, dated March 17, 2016, regarding the Town of Cortlandville's request for a reduction in speed limit on McLean Road, Cosmos Hill Road and Blue Creek Road, and the length of time required to review the requests. All voting aye, the motion was carried. Supervisor Tupper apprised the Board there was one Engineer from NYS DOT responsible for 9 counties in Central and Western New York who takes care of all speed limit requests. Last year, the Engineer had over 100 speed limit reduction requests. The requests are taken care of according to the date they are received. He explained that the Town is #25 on the list regarding the Cosmos Hill Road request, and that it takes at least a week to write a report. Supervisor Tupper expected a 6-month wait before the Town received an answer. Supervisor Tupper added that the Cortland County Legislature adopted a Resolution of support for a reduction in speed limit on McLean Road based on the Lime Hollow Nature Center and all of the activities held there. Supervisor Tupper suggested Town Clerk Snyder forward the County's Resolution to the NYS DOT when she received it along with the letter from Senator Seward. There was discussion regarding the Economic Impact & Feasibility Study for the Town's proposed Multi -Sports Complex on Route 13. Supervisor Tupper explained that the Town applied for a grant in 2015 for the Town's proposed new park on Route 13, which was denied. It was explained to the Town that the State would not award such a grant without a completed feasibility study. Supervisor Tupper requested consideration to sign the contract with the Chicago based company, Market & Feasibility Advisors at the April 20, 2016 Town Board Meeting, to conduct an Economic Impact & Feasibility Study for the proposed park. The study would take about 6 weeks to complete. The company would also give the Town information on funding opportunities on a national, state, and local level. Councilman Proud made a motion, seconded by Councilman Leach, to receive and file information from Market & Feasibility Advisors regarding an Economic Impact & Feasibility Study to be conducted for the Town's proposed Multi -Sports Complex on Route 13. All voting aye, the motion was carried. MARCH 30, 2016 PAGE 7 y3 1 1 RESOLUTION 469 AUTHORIZE SUPERVISOR TO SIGN CONTRACT WITH INSERO & CO. CPAs, LLP TO PERFORM THE TOWN AUDIT Motion by Councilman Proud Seconded by Councilman Leach VOTES: AYE - Tupper, Testa, Proud, Leach, Kasperek NAY - 0 ADOPTED BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to sign the contract with Insero & Co. CPAs, LLP acknowledging and agreeing that Insero & Co. CPAs, LLP will assume the responsibilities to perform the 2015 audit which Ciaschi, Dietershagen, Little, Mickelson & Company, LLP and the Town of Cortlandville agreed to in the engagement letter signed by the Town on April 2, 2014. Supervisor Tupper requested the Board authorize him to transfer funds to pay for the new phone system installed in the Town offices. RESOLUTION #70 AMEND THE 2016 BUDGET AND AUTHORIZE SUPERVISOR TO TRANSFER FUNDS Motion by Councilman Leach Seconded by Councilman Proud VOTES: AYE - Tupper, Testa, Proud, Leach, Kasperek NAY - 0 ADOPTED BE IT RESOLVED, the Supervisor is hereby authorized and directed to transfer funds to adjust the accounts of the 2016 Budget for the Town of Cortlandville as follows: 1) GENERAL FUND A: Transfer $9,430.00 FROM TO AMOUNT A1620.4 A1650.2 $ 9,430.00 TOTAL: $ 9,430.00 Supervisor Tupper questioned whether there was any other business to come before the Councilman Leach apprised the Board that he attended both the ZBA and Planning Board meetings on March 29, 2016 and commended both boards for how the meetings were conducted. He mentioned that the high speed of motorists on Starr Road and in neighborhoods such as Abdallah Ave. and Levydale Pk. was a concern of the residents at the meeting. He suggested the Board ask the Sheriff s Department to put the electronic speed control monitor in that area. Councilman Leach mentioned that he recently had the opportunity to ride along with the Cortlandville Highway crew when they were working on ditching. He commented on the Highway Department employees' professionalism. 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 5:25 p.m. Resp ctfully 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 April 12, 2016. The draft version of this meeting was approved as written at the Town Board meeting of April 20, 2016.