HomeMy WebLinkAbout2016-07-20 Town Board MinutesJULY 20, 2016
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, Gregory K. Leach
Councilman, John C. Proud
Councilman, Walter J. Kasperek
Town Clerk, Karen Q. Snyder, RMC
Others present were: Town Attorney, John Folmer; Highway Sup't. Carl Bush; Cortland
County District Attorney, Mark Suben; Attorney, Mike Shafer; Timothy C. Buhl, P.E.; Real
Estate Agent, Robert Ferris; Leonidas Group, Al Kryger; Town Residents, Joanne Finlay, Peg
and Angelo Baccaro, Maria and Bill Whitaker, Chris Tier, Ken Woodman, Jill Holl, Judy
Helmer, Mike Gibbons, Michelina Gibbons, Marty Wirsig, Pamela Dass, Barb Leach; Cortland
Voice, Peter Blanchard; New Reporter; Tyrone Heppard from the Cortland Standard and Sharon
Stevans for Channel 2, Access TV.
Supervisor Tupper called the meeting to order.
RESOLUTION #120 AUTHORIZE PAYMENT OF VOUCHERS — JULY
Motion by Councilman Proud
Seconded by Councilman Leach
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 Vouchers #666-708
General Fund A
$ 97,441.90
General Fund B
$ 11,718.14
General Fund DA
$ 0.00
General Fund DB
$ 48,780.99
Funds CD1, CD3, CD4 Voucher # (None)
BMills Rehab CD 1
$ 0.00
Town Wide Rehab CD3
$ 0.00
Business Dev1 CD4
$ 0.00
Fund HA, HB, HC, HD Voucher #258-270
HE, SS, SW Luker Rd Water HA
$
0.00
Owego St Water HB
$
0.00
NYS Rt 13 Sewer Rehab HC
$
562.50
Oakcrest/Pendleton Sewer HD
$
0.00
Saunders Rd Sewer HE
$
0.00
Sewer SS
$
1,751.35
Water SW
$
6,352.44
Funds SF, TA, TE Voucher # (None)
C'Ville Fire District SF
$
0.00
Trust & Agency TA
$
0.00
Expendable Trust TE
$
0.00
Supervisor Tupper offered privilege of the floor to Mark Suben, Cortland County District
Attorney.
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JULY 20, 2016 TOWN BOARD MEETING PAGE 2
Mr. Suben apprised the Board of the activities going on in the County since the last time
he visited a Town Board meeting. Between December of 2014 and December of 2015 there
have been six (6) homicides in the County. Reflecting back to his earlier years in the County,
there was only one (1) homicide in a decade here in Cortland County. The homicides occurring
in the County within the year were a drug homicide, not even drug war related, emotional
instances and vehicular texting. He and his staff have prosecuted the homicides cases very
successfully.
Most of the drug crimes in the County have been Meth Labs. Cortland County was at
one time number one in the State regarding Meth Lab arrests. Meth Labs at one time occupied
an area of a home, eventually destroying the home. Now a lab can be contained within a
backpack. One method of making meth is called "Shake & Bake" making the meth in a two (2)
liter bottle, with ingredients. These cases are tried, won with some of the cases having plea
bargains. Mr. Suben spoke about his plea barging with young adults and productive middle aged
citizens making/cooking meth, prosecuting these cases successfully.
Child Advocate Center, which is supervised by Mr. Suben and operates through his
office, is doing well. The Child Advocate Center is an agency, which investigates crimes against
children specifically sexual crimes, which is traumatic for these children. The center was
revived around four (4) years ago when Mr. Suben took it over. The grant funding has doubled,
not using any Cortland County taxpayer dollars and the center has become a Tier I, nationally
accredited agency.
Town resident Chris Tier thanked Mr. Suben for doing a great job with his
aggressiveness of prosecuting cases as District Attorney.
Mr. Suben stated he and his staff have an eight -four percent (84%) conviction rate for
felony trials, having prosecuted thirty-one (31) cases and won twenty-six (26).
The Board thanked Mr. Suben for attending and updating them of the happenings of the
District Attorney's Office.
Supervisor Tupper offered privilege of the floor to Cortlandville Town Resident of
Pendleton St. Ext., Peg Baccaro.
Ms. Baccaro spoke of the article in the July 19, 2016 Cortland Standard regarding a grant
the city of Cortland was applying for under the Smart Climate Grant Program for the
construction of a pilot food waste and vermicomposting facility. It was explained,
vermicomposting is a process used to break down organic wastes and debris by using worms to
digest it. The article had indicated the site would be built on a nineteen (19) acre plot of land the
city of Cortland owns in the town of Cortlandville between Page Green Road and Pendleton
Street Extension. If approved, other municipalities would have access to this facility.
Ms. Baccaro questioned the agenda item granting the support to the city of Cortland to
apply for Local Government Efficiency Grant of $600,000 to fund the acquisition of a wood
grinder/chipper, if this item was in relation to the vermicomposting facility.
Supervisor Tupper indicated the agenda item is to replace the existing tub grinder the
city, town and Village of Homer own, which is located in the city on Franklin Street. Mr. Cook
is applying for separate grant for the proposed vermicomposting facility and the town has not
been asked to support such grant.
Ms. Baccaro asked what process the city would need to do in order for the city to get
approval for this vermicomposting facility. Would the residents in the area be notified by the
town?
Supervisor Tupper deferred those questions to Town Attorney, John Folmer. Mr. Folmer
had not seen the details of the grant application for the vermicomposting facility and would like
the opportunity to look into further, asking a copy of the grant be provided to the town and to see
if there is a section of the grant for public comment. Attorney Folmer would be inclined to
believe the Town Board and Planning Board would be able to entertain public comment
regarding the proposed grant and project.
Residents in the area questioned if they should be voicing their concerns with the city,
looking for direction from the Town Board in order to keep on top of this grant and project.
Supervisor Tupper recommended the residents keep up with the city of Cortland's
Common Council meetings as the grant applications are to be submitted by July 29, 2016.
It was unclear as a governmental entity if the city of Cortland would need to come before
the Town of Cortlandvilles boards or not. The Board members were in agreement the situation
requires some further investigation.
Residents of the area are not opposed to the project and the revenue it could generate for
the city they are opposed to the location of the vermicomposting facility.
Attorney Folmer will be contacting Ms. Baccaro once he receives a copy of the grant
application from the city of Cortland for their proposed vermicomposting facility.
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JULY 20, 2016 TOWN BOARD MEETING PAGE 3
The monthly reports of the Town Justices for the month of June 2016 were on the table
for review and are filed in the Town Clerk's office.
RESOLUTION #121 ACCEPT AUDIT REPORT OF THE FISCAL AFFAIRS OF THE
TOWN OF CORTLANDVILLE FROM CIASCHI,
DIETERSHAGEN, LITTLE, MICKELSON & COMPANY, LLP
FOR THE PERIOD ENDING DECEMBER 31.2015
Motion by Councilman Proud
Seconded by Councilman Leach
VOTES: AYE — Tupper, Testa, Proud, Leach, Kasperek NAY-0
ADOPTED
BE IT RESOLVED, the Audit Report of the fiscal affairs of the Town of Cortlandville from
Ciaschi, Dietershagen, Little, Mickelson & Company, LLP for the period ending December 31,
2015 for the Town of Cortlandville is hereby accepted and shall be received and filed.
Attorney Folmer discussed with the Board the process of reviewing the Long
Environmental Assessment Form as required under SEQRA and the application before them
regarding the Residential Planned Unit Development (PUD) submitted by Leonidas Group of
Virgil, LLC.
RESOLUTION #122 AGREE TO REVIEW AND COMPLETE PART II OF THE
LEONIDAS GROUP OF VIRGIL, LLC SEQRA APPLICATION
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 agree to review and complete Part II of the
SEQRA application submitted by the Leonidas Group of Virgil, LLC for a Residential Planned
Unit Development (PUD).
RESOLUTION #123 DECLARE NEGATIVE IMPACT FOR A RESIDENTIAL
PLANNED UNIT DEVELOPMENT (PUD) #1 OF 2016
SUBMITTED BY LEONIDAS GROUP OF VIRGIL, LLC FOR
PROPERTY LOCATED ON STARR ROAD
Motion by Councilman Proud
Seconded by Councilman Kasperek
VOTES: AYE — Tupper, Testa, Proud, Leach, Kasperek NAY-0
ADOPTED
WHEREAS, an application was submitted by Leonidas Group of Virgil, LLC, for a Residential
Planned Unit Development (PUD) and a Public Hearing was duly held by this Town Board, and
WHEREAS, the Town Board, as Lead Agent for this project has duly reviewed and completed
a Long Environmental Assessment Form, as required by SEQRA, therefore
BE IT RESOLVED, the Town Board as Lead Agent, does hereby declare the proposed project of
Leonidas Group of Virgil, LLC, Residential Planned Unit Development (PUD) #1 of 2016, shall
have no significant environmental impact.
The comments in the SEQRA review the Board found to be moderate to large impacts in
Part III will be forwarded to the Town Planning Board by Town Attorney Folmer for their
review, consideration, and such action as the Planning Board deems appropriate.
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JULY 20, 2016 TOWN BOARD MEETING PAGE 4
RESOLUTION #124 AUTHORIZE SUPERVISOR TO SIGN SEQRA APPLICATION
FOR A RESIDENTIAL PLANNED UNIT DEVELOPMENT
(PUD)#1 OF 2016
Motion by Councilman Proud
Seconded by Councilman Kasperek
VOTES: AYE — Tupper, Testa, Proud, Leach, Kasperek NAY-0
ADOPTED
BE IT RESOLVED, the Supervisor is hereby authorized and directed to sign the SEQRA
determination relating to the Residential Planned Unit Development (PUD) #1 of 2016,
submitted by Leonidas Group of Virgil, LLC.
RESOLUTION #125 APPROVAL OF A RESIDENTIAL PLANNED UNIT
DEVELOPMENT (PUD) APPLICATION #1 OF 2016
SUBMITTED BY LEONIDAS GROUP OF VIRGIL, LLC
Motion by Councilman Proud
Seconded by Councilman Leach
VOTES: ROLL CALL - AYE — Tupper, Proud, Leach
NAY — Testa, Kasperek
ADOPTED
BE IT RESOLVED, that pursuant to Article XI, Section 178-54 of the Code of the Town of
Cortlandville, the Town Board does hereby approve an application submitted by the Leonidas
Group of Virgil, LLC for a Residential Planned Unit Development (PUD), and it is further
RESOLVED, the Town Board designates such proposed property, located on Starr Road, tax
map #96.10-01-19.100 as a Residential Planned Unit Development (PUD) as defined in the
Section's 178-54 and 178-55 of the Code of the Town of Cortlandville, and it is further
RESOLVED, the Town Board does hereby endorse the Cortland County Planning Board and the
Town Planning Board recommendations and conditions, and it is further
RESOLVED, the approval is contingent upon a Performance Guarantee Bond supplied to the
Town at an amount and term to be determined by the Town Board after construction costs are
determined, as permitted by the Code of the Town of Cortlandville pursuant to Article XI,
Section 178-60.
Councilman Proud made a motion, seconded by Councilman Leach, to receive and file
the proposed amendment to the Town of Dryden Zoning Law for the year 2016, to add density
regulations for the rural residential and rural agricultural districts. All voting aye, the motion
was carried.
RESOLUTION #126 ACKNOWLEDGE RECEIVING NOTICE OF PETITION FOR
REVIEW OF ASSESSMENTS
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 acknowledge, by receiving and filing, the
Notice of Petitions, regarding their current assessments, from the following property owners:
Walgreen Eastern Co., Inc. 3948 Route 281 tax map #86.13-01-49.000
Cortlandville Partners, LTD 3654-3666 Route 281 tax map #96.09-01-02.200
Chemung Canal Trust Co. 1094 Route 222 tax map #86.13-01-54.000
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JULY 20, 2016
TOWN BOARD MEETING
PAGE 5
Attorney Folmer reported:
Tax Certiorari Proceedings:
Attorney Folmer informed the Board regarding the tax certiorari proceedings filed against
the Town is returnable before Judge Rumsey in September and October of 2016. He mentioned
to the Board that historically the tax certiorari claims are resolved by the town.
RESOLUTION #127 AGREE TO THE SUPPORT OF THE CITY OF CORTLAND
APPLYING FOR THE 2016 CFA LOCAL GOVERNMENT
EFFICIENCY GRANT FOR PHASE TWO OF THE SMART
METER PROJECT
Motion by Councilman Proud
Seconded by Councilman Testa
VOTES: AYE -Tupper, Testa, Proud, Leach, Kasperek NAY-0
ADOPTED
BE IT RESOLVED, the Town Board of the Town of Cortlandville does hereby agree to support
the City of Cortland applying for the 2016 CFA Local Government Efficiency grant for
$600,000. to fund phase two (2) of the Smart Water Meter Project, and it is further
RESOLVED, this resolution is adopted as a joint application between the City of Cortland, Town
of Cortlandville and the Village of Homer.
RESOLUTION #128 AGREE TO THE SUPPORT OF THE CITY OF CORTLAND
APPLYING FOR THE 2016 CFA LOCAL GOVERNMENT
EFFICIENCY GRANT TO FUND THE ACQUISITION OF A
WOOD GRINDER/CHIPPER
Motion by Councilman Leach
Seconded by Councilman Testa
VOTES: AYE -Tupper, Testa, Proud, Leach, Kasperek NAY-0
ADOPTED
BE IT RESOLVED, the Town Board of the Town of Cortlandville does hereby agree to support
the City of Cortland applying for the 2016 CFA Local Government Efficiency grant for
$600,000. to fund the acquisition of a wood grinder/chipper, and it is further
RESOLVED, this resolution is adopted as a joint application between the City of Cortland, Town
of Cortlandville and the Village of Homer.
Councilman Leach made a motion, seconded by Councilman Proud, to receive and file
the correspondence dated July 6, 2016 from the New York State Department of Transportation
regarding the request to reduce the speed- limit on Cosmos Hill Road. All voting aye, the motion
was carried. The New York State Department of Transportation determined that lowering the
speed limit would not be appropriate at this time.
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JULY 20, 2016 TOWN BOARD MEETING PAGE 6
RESOLUTION #129 AUTHORIZE SUPERVISOR TO REFUND THE PARK
RESERVATION FEE OF $75.00 TO JEFFERY CARR
Motion by Councilman Leach
Seconded by Councilman Testa
VOTES: AYE -Tupper, Testa, Proud, Leach, Kasperek NAY-0
ADOPTED
WHEREAS, the softball fields and pavilion at Citizens Park was reserved for fast pitch games on
July 23, 2016, and
WHEREAS, the games were forced to be cancelled due to a lack of teams, therefore
BE IT RESOLVED, the Town Board does hereby authorize and direct the Town Supervisor to
refund the park reservation fee of $75.00 to Jeffery Carr, and it is further
RESOLVED, correspondence from Jeffery Carr shall be received and filed.
Councilman Leach made a motion, seconded by Councilman Proud, to receive and file
the correspondence by email, dated July 12, 2016 from Lisa Foster of 3596 Parti Drive regarding
the Leonidas Group of Virgil, LLC. project. All voting aye, the motion was carried. The
correspondence was in regards to the proposed project on Starr Road.
RESOLUTION #130 AUTHORIZE SUPERVISOR TO SIGN PROPOSAL FROM
THOMA DEVELOPMENT TO DEVELOP AND WRITE A
PROGRAM INCOME PLAN FOR THE TOWNS COMMUNITY
DEVELOPMENT BLOCK GRANTS
Motion by Councilman Leach
Seconded by Councilman Testa
VOTES: AYE -Tupper, Testa, Proud, Leach, Kasperek NAY-0
ADOPTED
WHEREAS, it has been suggested by the New York State Office of Community Renewal that
the Town of Cortlandville have in place a "Program Income Plan" in order to provide guidance
to the town for the use of CDBG Program Income funds, and
WHEREAS, the town had discussions with Thoma Development for their assistance, as they are
familiar with such a program and the operation of such plans, therefore
BE IT RESOLVED, the Town Board does hereby authorize and direct the Town Supervisor to
sign the proposal of Thoma Development to develop and write a "Program Income Plan" for the
town, and it is further
RESOLVED, the fees associated with the proposal are based on hour rates as follows:
1. Senior Consultants $100.00 per hour
2. Program Managers $75.00 per hour
3. Clerical $35.00 per hour
4. Any reimbursable costs associated with this project.
Town Clerk Snyder offered the following resolution:
It is with sadness in my heart that I ask of you, members of my Town Board to accept the
resignation of my Deputy, Kristin Rocco-Petrella effective August 5, 2016.
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RESOLUTION #131 ACCEPT RESIGNATION FROM KRISTIN ROCCO-
PETRELLA AS DEPUTY TOWN CLERK EFFECTIVE
AUGUST 5, 2016
Motioned by Councilman Testa
Seconded by Councilman Leach
VOTES: AYE — Tupper, Testa, Proud, Leach, Kasperek NAY — 0
ADOPTED
BE IT RESOLVED, the Town Board does hereby with deep regret accept the letter of
resignation from Kristin Rocco-Petrella as Deputy Town Clerk, to be effective August 5, 2016,
and it is further
RESOLVED, her letter of resignation is hereby received and filed.
The following is a prepared statement by Town Clerk Snyder regarding her Deputy,
Kristin Rocco-Petrella.
"Kristin has accepted the position in the Village of Homer as their next Village
Clerk/Treasurer, as this opportunity arose; I respect her for going after this position as it will be
more challenging and less stressful for her.
Kristin has been with my office for 15 years, as she started in December of 2001, fresh
out of college. She earned her NYS Registered Municipal Clerk title and her Notary
Commission through the New York State Town Clerk's Association, which I am a member of.
Her training and preparation for such a position came at a cost; as it is the Village of Homers
gain and the Town of Cortlandvilles loss!
I am asking that we all embrace and be proud and be honored to send her off to her new
beginning, her new chapter in her life. Her move is contributed to the knowledge and experience
she gained through me, you as Town Board members, our Town Attorney, John Folmer, our
Town Planning and Zoning Board members, all the other Town Employees and the residents past
and present!
My remaining 2 Deputies and I wish her well as we know she will do a very decent and
thorough job for the Village as she did for my office and the Town of Cortlandville."
RESOLUTION #132 AUTHORIZE CHANGE ORDER NO. 1 — 3 FROM
CUNNINGHAM EXCAVATION, INC. FOR THE
OAKCREST/PENDLETON STREET SEWER INSTALLATION
PROJECT
Motion by Councilman Leach
Seconded by Councilman Testa
VOTES: AYE — Tupper, Testa, Proud, Leach, Kasperek NAY — 0
ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to execute
Change Order No. 1-3 from Cunningham Excavation, Inc., for various design changes within the
Oakcrest/Pendleton Street Sewer Installation Project:
Change Order No. 1 Two (2) Lateral Installations -Core Drill Manhole $ 2,000.00 increase
Change Order No. 2 Delete Pavement Milling, 1 '/2" Asphalt Overlay $122,086.49 increase
Manhole Frame Elevations
Change Order No. 3 Final Contract Over Under Quantity Adjustments $122,147.35 decrease
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JULY 20, 2016 TOWN BOARD MEETING PAGE 8
RESOLUTION #133 AUTHORIZE SUPERVISOR TO ISSUE PAYMENT TO
DONALD BABCOCK FOR REIMBURSEMENT OF DAMAGE
TO HIS PROPERTY DUE TO THE OAKCREST/PENDLETON
STREET SEWER INSTALLATION PROJECT
Motion by Councilman Leach
Seconded by Councilman Testa
VOTES: AYE — Tupper, Testa, Proud, Leach, Kasperek NAY — 0
ADOPTED
BE IT RESOLVED, the Town Supervisor is hereby authorized and directed to issue payment to
Donald Babcock for reimbursement in the amount of $3,579.02 for water damage to his property
at 2 Sunnyfield Drive, Cortland, New York due to the Oakcrest/Pendleton Street Sewer
Installation Project.
RESOLUTION #134 ACCEPT CERTIFICATE OF SUBSTANIAL COMPLETION
FOR THE OAKCREST/PENDLETON STREET SEWER
INSTALLATION PROJECT
Motion by Councilman Leach
Seconded by Councilman Testa
VOTES: AYE — Tupper, Testa, Proud, Leach, Kasperek NAY - 0
ADOPTED
BE IT RESOLVED, the Town Board does hereby accept the Certificate of Substantial
Completion for the Oakcrest/Pendleton Street Sewer Installation Project.
RESOLUTION 4135 AUTHORIZE SUPERVISOR TO SIGN PAYMENT
APPLICATION 41 REGARDING THE LUKER ROAD AND
OWEGO STREET/ROUTE 215 WATER PROJECTS
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 Town Supervisor to
sign payment application #1 regarding the Luker Road and Owego Street/Route 215 Water Main
Installation Project in the amount of $190,348.37 for Syracuse Constructors, Inc.
No further comments or discussion were heard.
Councilman Testa made a motion, seconded by Councilman Kasperek, to adjourn the
Regular Meeting. All voting aye, the motion was carried.
The meeting was adjourned at 6:45 p.m.
Respectfully submitted,
1---; � C' ?
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 July 29, 2016.
The final version of this meeting was approved as written at the Town Board meeting of August 3, 2016.