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HomeMy WebLinkAbout2016-08-03 Town Board Minutes0 AUGUST 03, 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, John C. Proud Councilman, Gregory K. Leach Councilman, Walter J. Kasperek Town Clerk, Karen Q. Snyder, RMC Others present were: Town Attorney, John Folmer; Highway Sup't. Carl Bush; several town residents from the Pendleton Street and Saunders Road area; Cathy Chilson; Peg and Angelo Baccaro; Mrs. Finlay and her daughter Joanne; Micky Gibbons; Glenn Evans; Ransom Brooks; Kelsey Gibbons; Jim Neville; Sue and Dan White; Tim Hammond?; Darren Snyder; Chris Bushnell; Carl Doan; Tim Thomas; Kate Compagni; Joe Grossi; David and Jennifer Spaulding; Town of Solon Councilman, Paul Heider and his wife Mary; from WXHC radio, Brad Smith; News Reporter, Tyrone Heppard from the Cortland Standard and Sharon Stevans for Channel 2, Access TV. Supervisor Tupper called the meeting to order after apologizing to the audience for the Town Board entering the meeting late as they were celebrating a 15 year town employee, who was leaving employment. Councilman Proud made a motion, seconded by Councilman Kasperek, to approve the Draft Town Board Minutes of July 6, 2016, as submitted. All voting aye, the motion was carried. Councilman Proud made a motion, seconded by Councilman Kasperek, to approve the Final Town Board Minutes of July 20, 2016, as submitted. All voting aye, the motion was carried. Councilman Proud made a motion, seconded by Councilman Kasperek, to receive and file the Cortlandville Zoning Board of Appeals Minutes of June 28, 2016. All voting aye, the motion was carried. Councilman Proud made a motion, seconded by Councilman Kasperek, to receive and file the Cortlandville Planning Board Minutes of June 28, 2016. All voting aye, the motion was carried. RESOLUTION #136 AUTHORIZE SUPERVISOR TO SIGN PURCHASE ORDER #0125 Motion 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 authorize and direct the Supervisor to sign Purchase Order #0125 submitted by Water/Sewer Sup't. Peter Alteri to be paid to Beard Electric, LLC, to purchase and install 6 LED Exterior Lights on the Raymond G. Thorpe Municipal Building, for the total cost of $4,519.60. i0l AUGUST 03, 2016 TOWN BOARD MEETING PAGE 2 RESOLUTION #137 AUTHORIZE PAYMENT OF VOUCHERS — AUGUST 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 #709-749 General Fund A $ 29,048.44 General Fund B $ 14,768.42 General Fund DA $ 0.00 General Fund DB $ 22,694.96 Funds CD I, CD3, CD4 Voucher # (None) BMills Rehab CD1 $ 0.00 Town Wide Rehab CD3 $ 0.00 Business Devl CD4 $ 0.00 Senior Home #1 $ 5,487.97 Fund HA, HB, HC, HD Voucher #271-295 HE, SS, SW Luker Rd Water HA $ 387,577.80 Owego St Water BB $ 21,469.12 NYS Rt 13 Sewer Rehab HC $ 1,500.00 Oakcrest/Pendleton Sewer HD $ 3,579.11 Saunders Rd Sewer HE $ 0.00 Sewer SS $ 12,423.13 Water SW $ 13,217.92 Funds SF, TA, TE Voucher # 27-30 C'Ville Fire District SF $ 0.00 Trust & Agency TA $ 40,482.10 Expendable Trust TE $ 0.00 Supervisor Tupper offered privilege of the floor to those in attendance. Chris Bushnell of 3655 Page Green Road spoke to the Board regarding the vermicomposting facility the City of Cortland is proposing within the town. The proposal will adversely affect several residents within the area, including odor, how the property will look, traffic just to name a few. When the City of Cortland proposed their water tank on this same property the residents in the area were not opposed to that project as the city water tank was to assist with Buckbee Mears operation, which industry in Cortland County was well needed at that time. Mr. Bushnell indicated to the Board members the residents have contacted their Legislator, Kevin Whitney and Town Supervisor Tupper regarding their concerns with not having a city voice, hoping the Town Board would not support this type of project at this location. Mr. Bushnell submitted a letter from fellow residents, Charles Miller and Pam Winn, as they were unable to attend this evenings meeting. Councilman Testa wanted the residents in attendance to know the Town Board was "Blind Sided" as were the residents. When the residents read the article in the Cortland Standard that is when the Town Board found out about the proposed vermicomposting facility. Mr. Bushnell spoke briefly of the Governor's "Green Initiative Projects", not knowing all the particulars of approving these types of projects, and what could be the outcome to these types of projects, directing his concerns to Attorney Folmer. Supervisor Tupper indicated to the residents that the City of Cortland supplied the town with a copy of their grant application and Attorney Folmer has reviewed it. The project is to generate revenue for the city, which Supervisor Tupper indicated does not appear to generate much revenue at all. Once the complaints started coming in the Town Board was unanimous not in favor of such a project to be located in the town, noting if the city wants such a facility it should place it within the city limits and not in a residential neighborhood. The Town Board requested Attorney Folmer draft a resolution, which Mr. Folmer has done. 0 Dc�- AUGUST 03, 2016 TOWN BOARD MEETING PAGE 3 Mr. Folmer indicated that the city has applied for such a grant on three (3) separate occasions and all three (3) separate occasions the grants were not successful. If the city was to be awarded this grant the city would be required to expend three quarters of a million dollars of their own funds for such a project to get off the ground, which the city may not be in a position to expend. Mr. Folmer stated to discuss the "Green Initiatives" under the Governor's program is difficult to be defined at this time. After review of the application, Mr. Folmer stated he found no reference that manure was to be used, referring to page two (2), paragraph eight (8), within the trenches of the proposed proj ect. Folmer read the following resolution so drafted and asked of the Town Board for its adoption. RESOLUTION #138 ADOPT RESOLUTION OBJECTING TO THE CITY OF CORTLAND'S CONSTRUCTION OF A VERMICOMPOSTING FACILITY TO BE LOCATED IN THE TOWN OF CORTLANDVILLE Motion by Councilman Proud Seconded by Councilman Testa VOTES: AYE -Tupper, Testa, Proud, Leach, Kasperek NAY-0 ADOPTED WHEREAS, The Town Board has learned that the City of Cortland is submitting, or has submitted, an application for a grant to assist in the construction of a food waste vermicomposting facility on property owned by the City but located in the Town, and identified as Tax Map # 96.00-01-14.220, and WHEREAS, the plan for proposed construction of this facility was undertaken without input from or discussion with any representative of the Town, which is unusual given the high level of cooperation which has existed for many years between the Town and the City, and WHEREAS, a review of the information available to this Board leads to the inescapable conclusion that the construction of the proposed facility in its proposed location will have a long standing detrimental effect on the residents of the immediate area, as well as those in areas affected by changes in wind direction, and WHEREAS, the Board is not convinced that claims of no odor from the installation of manure and other toxic materials in open trenches at the facility are valid, and WHEREAS, this Board is also concerned that increased traffic on Town roads which will be used to access the proposed site will impact negatively the flow of traffic to and near a very popular and well used public park to say nothing of the debris which may litter roadways from vehicles travelling to the site, NOW THEREFOR BE IT RESOLVED, that the Town Board of the Town of Cortlandville publically expresses its strenuous and unqualified objection to the construction of the proposed composting facility at the location indicated in the City's grant application, and be it further RESOLVED, that, should this project proceed to installation, the Town will subject the project to the most stringent review possible under Town Zoning and Planning Codes, and be it further RESOLVED, that the Town Clerk be directed to forward certified copied of this Resolution to the Mayor of the City of Cortland, The Executive Director of the Cortland County Chamber of Commerce, and the Executive Director of the Business Development Corporation. Supervisor Tupper indicated to those that the Town Board is not objective to "Green Energy" nor the Governor's "Green Initiative" programs. The proposed vermicomposting facility should be located in a rural area and not a residential area. The IDA and BDC director will receive a certified copy of such resolution due to the position this person holds on the committee who decides on these types of grants. 1 1 1 /0; AUGUST 03, 2016 TOWN BOARD MEETING PAGE 4 Councilman Leach added he visited the location of the proposed vermicomposting facility and stated that property is not the proper location, especially if other municipalities would be traveling and utilizing this facility. Councilman Proud made a motion, seconded by Councilman Leach, to receive and file a letter of concern regarding the City of Cortland's proposed vermicomposting facility submitted by Charles E. Miller and Pam Winn. All voting aye, the motion was carried. At this time Attorney Folmer exited the Town Board meeting. Councilman Proud made a motion, seconded by Councilman Leach, to receive and file the 2014-2015 Annual Report for the Cortland County Area Agency on Aging. All voting aye, the motion was carried. The monthly reports of the Town Clerk, Water & Sewer Department and the Permit Status Report for the Code Office for the month of July were on the table for review and are filed in the Town Clerk's office. Also submitted by the Code Office was their semi-annual permit report for review. RESOLUTION #139 ACKNOWLEDGE RECEIVING NOTICE OF PETITION FOR REVIEW OF ASSESSMENTS 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 acknowledge, by receiving and filing, the Notice of Petition regarding their current assessments from the following: K-Mart #7134 854 Route 13 tax map #95.20-02-06.000-1 Rite Aid Corporation 1067 State Route 222 tax map #86.13-01-37.200 Town Clerk Snyder thanked the Town Board and Town Employees for the nice farewell celebration given to her Deputy, Kristin Rocco-Petrella. RESOLUTION #1410 RESOLUTION TO BE PAID DIRECTLY ALL OF TOWN'S SHARE OF COUNTY SALES TAX Motioned by Councilman Leach Seconded by Councilman Proud VOTES: AYE — Tupper, Testa, Proud, Leach, Kasperek NAY — 0 ADOPTED WHEREAS, New York Tax Law Section 1262 allows municipalities to apply a portion of their Sales Tax against the Property Taxes levied upon real property in that municipality, and WHEREAS, the Town of Cortlandville requests that the Cortland County Legislature apply $0.00 (zero dollars and zero cents) of Sales Tax to be utilized in the reduction of the County Tax levied against Real Property, with the amount requested in this resolution divided by 4 and that $0.00 quarterly amount be deducted from the County quarterly sales tax distribution as per agreements with the County related to Sales Tax Distribution, with any remaining funds available in Sales Tax payments paid to the Town of Cortlandville, and BE IT FURTHER RESOLVED, that pursuant to New York Tax Law Section 1262, this resolution shall be effective commencing with calendar year 2017, and be it further RESOLVED, that the Town of Cortlandville Town Clerk shall forward a Certified Copy of this Resolution to the Cortland County Treasurer and the Cortland County Real Property Tax Office by Registered or Certified Mail before September lst, 2016. 164 AUGUST 03, 2016 TOWN BOARD MEETING PAGE 5 RESOLUTION #140-1 ACCEPT RESIGNATION FROM MIKE WHITTAKER WATER TREATMENT OPERATOR EFFECTIVE AUGUST 19, 2016 Motioned 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 with deep regret accept the letter of resignation from Mike Whittaker as a Water Treatment Operator, to be effective August 19, 2016, and it is further RESOLVED, his letter of resignation is hereby received and filed, and it is further RESOLVED, the Town Board thanked Mr. Whittaker for his service to the Town of Cortlandville. RESOLUTION #141 ACCEPT RESIGNATION FOR RETIREMENT FROM FREDERICK LITTLE AS A MECHANICS HELPER EFFECTIVE AUGUST 18, 2016 Motioned by Councilman Leach Seconded by Councilman Proud 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 for retirement from Frederick Little as a Mechanics Helper, to be effective August 18, 2016, and it is further RESOLVED, his letter of resignation is hereby received and filed, and it is further RESOLVED, the Town Board praised Mr. Little for his loyalty and dedication of 30 years of service to the Town of Cortlandville. RESOLUTION 4142 ACCEPT RESIGNATION FROM JESSE WILDMAN AS A MOTOR EQUIPMENT OPERATOR EFFECTIVE AUGUST 10, 2016 Motioned by Councilman Leach Seconded by Councilman Proud 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 Jesse Wildman as a Motor Equipment Operator, to be effective August 10, 2016, and it is further RESOLVED, his letter of resignation is hereby received and filed, and it is further RESOLVED, the Town Board thanked Mr. Wildman for his service to the Town of Cortlandville. Councilman Leach made a motion, seconded by Councilman Proud, to receive and file the Cortland County Planning Department review and recommendations on the Aquifer Protection Permit application of Royal Nissan -Subaru for property located at 654 NYS Route 13. All voting aye, the motion was carried. Councilman Leach made a motion, seconded by Councilman Proud, to receive and file the Cortland County Planning Board resolution #16-19 regarding the Aquifer Protection Permit application of Royal Nissan -Subaru for property located at 654 NYS Route 13. All voting aye, the motion was carried. . 1 1 1 AUGUST 03, 2016 TOWN BOARD MEETING PAGE 6 RESOLUTION #143 AUTHORIZE SUPERVISOR TO SIGN AND SUBMIT LETTER OF INTENT TO APPLY FOR A "DEVELOPMENT OF CONSTRUCTION GRANT" FOR THE FUTURE GUTCHESS PARK 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 and submit a letter of intent to apply for a "Development of Construction Grant" for the future Gutchess Park located on Route 13, and it is further RESOLVED, such grant amount totals $182,500.00, of which the Town of Cortlandville has committed $91,250.00 in matching funds for such grant. Councilman Leach questioned where the matching funds will come from. Supervisor Tupper indicated the `B" fund. RESOLUTION #144 AUTHORIZE SUPERVISOR TO SIGN PAYMENT APPLICATION #2 REGARDING THE LUKER ROAD AND OWEGO STREEPROUTE 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 $201,614.51 for Syracuse Constructors, Inc. The Board received a letter from Thomas J. Dovi of 3606 Worthington Place, regarding signage on several streets within the Worthington Place neighborhood. It was indicated Highway Sup't. Carl Bush agreed to remove the "Blind Child" sign, since the family has moved and explained the status of "Child at Play" signs to Mr. Dovi. A discussion occurred regarding the speed limit results from the NYS DOT Engineer for Cosmos Hill and McLean Rd. Supervisor Tupper, Deputy Supervisor Testa, Senator Seward and the Cosmos Hill residents Attorney Francis Casullo met with the DOT Engineer regarding these roads and their speed limits. This DOT Engineer was adamant regarding moving the traffic at fifty-five (55) miles per hour, adding the conditions of these roads do not warrant a reduction in speed based on science. Senator Seward accepted the reasoning on Cosmos Hill but not McLean Road, especially with the fatalities that have occurred on McLean Road. Councilman Proud mentioned a letter he had received from the Supervisor of the Town of Somerset and the Village of Clayton. The letter was in regards to the town adopting a resolution establishing a coalition for wind energy. 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 5:45 p.m. Respectfully submitted, aren Q. Snyder, RM Town Clerk Town of Cortlandville *Note: The draft version of this meeting was submitted to the Town Board for their review on August 12, 2016. The draft version of this meeting was approved as written at the Town Board meeting of August 17, 2016 .