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APRIL 01, 2015
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, Ronal L. Rocco
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; County
Legislator, Joe Steinhoff; Barb Leach; News Reporters: Sharon Stevans for Channel 2, Access
TV, Eric Mulvihill from W _HC, and Tyrone Heppard from the Cortland Standard.
Supervisor Tupper called the meeting to order.
RESOLUTION #63 AUTHORIZE PAYMENT OF VOUCHERS — APRIL
Motion by Councilman Proud
Seconded by Councilman Leach
VOTES: AYE - Tupper, Testa, Rocco, Proud, Leach NAY - 0
ADOPTED
BE IT RESOLVED, the vouchers submitted have been audited and shall be paid as follows:
Funds A, B, DA, DB Voucher #283-321
General Fund A $111,496.72
General Fund B $ 4,992.39
Highway Fund DA $ 0.00
Highway Fund DB $ 47,568.43
Funds CD I, CD3, CD4 Voucher #15-17
BMills Rehab CD 1 $ 0.00
Town Wide Rehab CD3 $ 12,806.97
Business Devl CD4 $ 0.00
Fund HC, SS, SW Voucher #108-130
NYS Rt 13 Sewer Rehab HC $ 0.00
Sewer SS $ 2,652.43
Water SW $ 10,548.28
Funds SF, TA, TE Voucher #12-14
C' Ville Fire District SF $ 0.00
Trust & Agency TA $ 40,161.23
Expendable Trust TE $ 0.00
Supervisor Tupper offered privilege of the floor to County Legislator, Joseph Steinhoff.
County Legislator, Joseph Steinhoff presented the Board with a copy of the County's
study regarding the McLean Road flooding (dated February 12, 2015 from Barton & Loguidice).
He explained that the study included a mitigation program for the Bennie Road area utilizing the
gravel pit as a retention area to hold the runoff water. The County was not sure how much of the
work from the study it would be able to do, but would be looking for grants and other funding
sources. Mr. Steinhoff stated that the county cannot afford another flood like that of August
2013 in which stores such as Wal-Mart, K-Mart, and Price Chopper were affected.
Supervisor Tupper questioned whether the County spoke with the owner of the gravel pit
regarding its use. Mr. Steinhoff indicated that the County did not approach the owner of the
gravel pit yet, and that it was just an option for a detention pond for flood relief.
Councilman Rocco questioned whether that location would be sufficient to hold a large
amount of water. Supervisor Tupper indicated that the gravel pit was enormous and suggested
Councilman Rocco visit the site.
Discussion continued regarding the study. Mr. Steinhoff indicated that Susan Briggs,
Chair of the Legislature, planned to form a committee to look at flooding in the entire County
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APRIL O1, 2015 TOWN BOARD MEETING PAGE 2
and recurring areas that could be mitigated. Mr. Steinhoff stated that it would be a big project
involving the Soil and Water Conservation District and Emergency Services. The flooding issue
involved the Town of Cortlandville, but also neighboring municipalities that are also affected
such as the City of Cortland.
Councilman Rocco voiced his concern regarding the stream near Gutchess Lumber on
McLean Road. He hoped that the County could coordinate with the DEC with regard to the
stream which is clogged with sticks or a beaver dam, and hoped the stream could be cleaned out
so water could flow. Mr. Steinhoff indicated that everything would be done in accordance with
the DEC and hoped the situation could be improved.
The Board thanked Mr. Steinhoff for his report.
The monthly report of the Supervisor, Town Clerk, and Water & Sewer Department for
the month of March, and a letter from the Code Enforcement Office regarding the monthly
report, were on the table for review and are filed in the Town Clerk's office.
Councilman Leach commented on the quick receipt of the Planning Board Index of
Actions as the meeting was held March 31, 2015.
Supervisor Tupper thanked Bookkeeper Hicks for submitting the Supervisor's monthly
report for the month of March on April 1 ". He mentioned that the Town was busy for the past
week with the auditors who had all departments "running with paperwork" for an entire week.
Bookkeeper Hicks commented that it was the hardest audit since she has worked for the Town.
Councilman Rocco made a motion, seconded by Councilman Leach, to receive and file
correspondence from Time Warner Cable, dated April 1, 2015, regarding programming services.
All voting aye, the motion was carried.
Supervisor Tupper mentioned that Time Warner Cable was offering free HBO/Cinemax
to all subscribers from April 10-13, 2015.
Attorney Folmer reported:
Mary E. Tanguay v. Town of Cortlandville:
Attorney Folmer recalled the litigation commenced by Mary E. Tanguay v. Town of
Cortlandville and an individual. He received correspondence from the attorney for the Town's
insurance company indicating that the litigation has been settled and the action discontinued.
Attorney Folmer was in possession of the Stipulation of Discontinuance without costs and asked
the Board to receive and file it.
RESOLUTION #64 ACKNOWLEDGE RECEIVING THE STIPULATION OF
DISCONTINUANCE REGARDING MARY E. TANGUAY V.
TOWN OF CORTLANDVILLE
Motion by Councilman Rocco
Seconded by Councilman Leach
VOTES: AYE - Tupper, Testa, Rocco, Proud, Leach NAY - 0
ADOPTED
BE IT RESOLVED, the Town Board does hereby acknowledge, by receiving and filing, the
Stipulation of Discontinuance regarding Mary E. Tanguay v. Town of Cortlandville.
Proposed Water/Sewer Improvement Projects:
In connection with the Luker Road Water Improvement Project, and the Oakcrest
Street/Pendleton Street/Saunders Road Sewer Improvement Project, Attorney Folmer indicated
that he prepared a Short Environmental Assessment form. Having reviewed the engineering
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APRIL O1, 2015 TOWN BOARD MEETING PAGE 3
reports, he stated that it would be appropriate for the Board to determine that this is a Type II
action under SEQR, because regulation 617.5 Subdivision 11 provides that a Type II action can
be an extension of utility distribution facilities including gas, electric, telephone, cable, water and
sewer connections to render service and improve subdivisions. Attorney Folmer suggested the
Board adopt a resolution indicating that they have determined the project to be a Type II action,
which would not require further SEQR review.
RESOLUTION #65 DECLARE OAKCREST STREET/PENDLETON
STREET/SAUNDERS ROAD SANITARY SEWER
IMPROVEMENT PROJECT A TYPE II ACTION UNDER
SEQRA
Motion by Councilman Proud
Seconded by Councilman Leach
VOTES: AYE - Tupper, Testa, Rocco, Proud, Leach NAY - 0
ADOPTED
BE IT RESOLVED, the Town Board does hereby declare the proposed Oakcrest Street/Pendleton
Street/Saunders Road Sanitary Sewer Improvement Project a Type II action under SEQRA.
RESOLUTION #66 DECLARE LUKER ROAD WATER MAIN IMPROVEMENT
PROJECT A TYPE II ACTION UNDER SEQRA
Motion by Councilman Proud
Seconded by Councilman Leach
VOTES: AYE - Tupper, Testa, Rocco, Proud, Leach NAY - 0
ADOPTED
BE IT RESOLVED, the Town Board does hereby declare the proposed Luker Road Water Main
Improvement Project a Type II action under SEQRA.
Councilman Leach questioned what the timetable would be for the proposed project.
Supervisor Tupper indicated that the survey work for the project was being done right now.
Attorney Folmer expected that he would be able to provide Bond Counsel with information so
they could have an Order ready for the Board to adopt at the next Town Board meeting.
Supervisor Tupper mentioned that he and Councilman Testa met with one of the residents
of Oakcrest Street today. She thanked them for moving forward with the project. He indicated
to her that the engineering study was almost complete, that financing was almost in place, and
that sewer lines should be installed before the end of the summer.
RESOLUTION #67 AUTHORIZE SUPERVISOR TO SIGN THE AFFIDAVIT
REGARDING THE TOWN'S 2013 COMMUNITY
DEVELOPMENT BLOCK GRANT TOWN -WIDE HOUSING
REHABILITATION PROGRAM BETWEEN THE TOWN AND
SEAN CONKRITE
Motion by Councilman Rocco
Seconded by Councilman Proud
VOTES: AYE - Tupper, Testa, Rocco, Proud, Leach NAY - 0
ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize the Supervisor to sign the Affidavit
regarding the Town's 2013 Community Development Town -Wide Housing Rehabilitation Program,
between the Town of Cortlandville and Sean Conkrite, 4122 McGraw North Road, McGraw, New
York regarding the extension of loan funds by the Town's CDBG Program for the total amount of
$26,522.00.
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TOWN BOARD MEETING
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RESOLUTION #68
AUTHORIZE SUPERVISOR TO SIGN THE OWNER -
OCCUPIED LOAN AGREEMENT BETWEEN THE TOWN AND
SEAN CONKRITE FOR THE TOWN'S 2013 COMMUNITY
DEVELOPMENT BLOCK GRANT TOWN -WIDE HOUSING
REHABILITATION PROGRAM
Motion by Councilman Rocco
Seconded by Councilman Proud
VOTES: AYE - Tupper, Testa, Rocco, Proud, Leach NAY - 0
ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize the Supervisor to sign the Owner -
Occupied Loan Agreement between the Town of Cortlandville and Sean Conkrite, 4122 McGraw
North Road, McGraw, New York, for a 100% deferred loan for the 2013 Community
Development Block Grant Town -Wide Housing Rehabilitation Program in the amount of
$26,522.00.
RESOLUTION #69 AUTHORIZE SUPERVISOR TO SIGN THE OWNER -
OCCUPIED LOAN AGREEMENT BETWEEN THE TOWN AND
GENELLE DARLING FOR THE TOWN'S 2013 COMMUNITY
DEVELOPMENT BLOCK GRANT TOWN -WIDE HOUSING
REHABILITATION PROGRAM
Motion by Councilman Rocco
Seconded by Councilman Leach
VOTES: AYE - Tupper, Testa, Rocco, Proud, Leach NAY - 0
ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize the Supervisor to sign the Owner -
Occupied Loan Agreement between the Town of Cortlandville and Genelle Darling, 7 Hicks Hill
Road, McGraw, New York, for a 100% deferred loan for the 2013 Community Development
Block Grant Town -Wide Housing Rehabilitation Program in the amount of $22,881.00.
RESOLUTION #70 AUTHORIZE SUPERVISOR TO SIGN THE OWNER -
OCCUPIED LOAN AGREEMENT BETWEEN THE TOWN AND
MARIE VOGT FOR THE TOWN'S 2013 COMMUNITY
DEVELOPMENT BLOCK GRANT TOWN -WIDE HOUSING
REHABILITATION PROGRAM
Motion by Councilman Rocco
Seconded by Councilman Leach
VOTES: AYE - Tupper, Testa, Rocco, Proud, Leach NAY - 0
ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize the Supervisor to sign the Owner -
Occupied Loan Agreement between the Town of Cortlandville and Marie Vogt, 4632 Route 41,
McGraw, New York, for a 100% deferred loan for the 2013 Community Development Block
Grant Town -Wide Housing Rehabilitation Program in the amount of $26,862.00.
Supervisor Tupper briefly explained the Town's CDBG Town -Wide Housing
Rehabilitation Program. The Town has been successful in receiving four CDBG for housing.
He suggested residents contact Thoma Development Consultants to see if they qualify or if there
are funds left. Town Clerk Snyder added that information was available on her bulletin board as
well as at her office.
There was discussion regarding correspondence from Village of McGraw, Mayor Allan
Stauber requesting financial assistance from the Town to help purchase a new sewer pump for
the Polkville pump station. Supervisor Tupper explained that he recently met with Mayor
Stauber who advised him of the Village's problem with the sewer pump, the cost of which would
be approximately $6,338.00.
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Councilman Rocco supported the request since the Village is within the Town and could
really use the assistance.
Supervisor Tupper stated that it was a very important pump to replace especially with all
of the new businesses located along Route 11.
Councilman Proud questioned whether the Village would be installing a new meter as
well. Supervisor Tupper did not think the Village was planning to do anything but replace one of
the pumps due to the cost.
Councilman Proud requested clarification of a portion of Mayor Stauber's letter, which
stated: "Since the old sewer contract, dating back to 1982 had expired in 2012 and all the new
businesses that have been added during the contract years the village is still only receiving an
average of .22 cents on a dollar on half of its expenses." Supervisor Tupper stated that the Town
knew the contract expired. The Town entered into a new agreement with the City for 3 8 years
because of the Town's Polkville water line. The Village's agreements with the City are
automatically renewed until they are renegotiated. The agreement the Town made with the City
was that once the City finishes their rehabilitation, take care of the whey from Byrne Dairy, and
other efficiency, the costs should go down and the Town would renegotiate a plain -language
contract that was readable. Once the City has completed its renovation, Homer, McGraw and
Cortlandville would negotiate a contract with the City for the sewer treatment plant.
Councilman Leach mentioned that in addition to the replacement of the sewer pumps, the
Village of McGraw also has to replace equipment on one of its tanker trucks for the McGraw
Fire Department.
RESOLUTION #71 AUTHORIZE THE EXPENDITURE FOR ONE SEWER PUMP
TO ASSIST THE VILLAGE OF MCGRAW
Motioned by Councilman Leach
Seconded by Councilman Rocco
VOTES: AYE — Tupper, Testa, Rocco, Leach
NAY — Proud
ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize the expenditure for one sewer pump
to assist the Village of McGraw in an amount not to exceed $6,338.00, contingent on the Village
of McGraw supplying the receipt of their purchase for such sewer pump.
There was a brief discussion regarding the transfer of funds to balance the 2014 Budget,
and specifically the sewer account. Supervisor Tupper noted that a transfer was necessary, per
the auditors, to show the monies received from other municipalities and spent for the purchase of
the sewer inspection camera. Supervisor Tupper indicated that per the language in the contract
the Town is the title owner of the camera and it is an asset for the Town. Attorney Folmer added
that the contract itself dictates who pays for maintenance, usage, personnel and such for the
sewer inspection camera.
RESOLUTION #72 AUTHORIZE TRANSFER OF FUNDS TO BALANCE
ACCOUNTS FOR THE 2014 BUDGET
Motion by Councilman Leach
Seconded by Councilman Rocco
VOTES: AYE - Tupper, Testa, Rocco, Proud, Leach NAY - 0
ADOPTED
BE IT RESOLVED, the Budget Officer is hereby authorized and directed to transfer funds to adjust
the accounts of the 2014 Budget for the Town of Cortlandville as follows:
1) SEWER FUND SS: Transfer $63,664.80
FROM TO AMOUNT
SS2389 SS81110.2 $ 63,664.80
TOTAL: $ 63,664.80
APRIL 01, 2015
TOWN BOARD MEETING
PAGE 6
Boy Scouts of America - Citizen of the Year Award:
Supervisor Tupper explained that the Baden Powell Council of the Boy Scouts of
America would be presenting its distinguished Citizen of the Year Award to Attorney Folmer at
a dinner to be held on April 27, 2015. Supervisor Tupper requested authorization for the
expenditure of $700.00 from the Town's Publicity Fund to provide Town representation at the
dinner.
RESOLUTION #73 AUTHORIZE EXPENDITURE OF $700.00 FROM THE TOWN
PUBLICITY FUND FOR TOWN REPRESENTATION AT THE
BOY SCOUTS OF AMERICA DINNER
Motion by Councilman Testa
Seconded by Councilman Rocco
VOTES: AYE - Tupper, Testa, Rocco, Proud, Leach NAY - 0
ADOPTED
WHEREAS, the Baden Powell Council of the Boy Scouts of America is presenting its Citizen of
the Year Award to Attorney John B. Folmer at a dinner to be held on April 27, 2015, and
WHEREAS, Attorney Folmer's service to the citizens of the Town of Cortlandville and the
Cortland community at large, has contributed greatly to his selection as the recipient of this
award and his selection brings honor and recognition to the Town of Cortlandville, and
WHEREAS, it would be appropriate for the Town of Cortlandville to provide a means of
attendance at this award ceremony to visibly support and honor Attorney Folmer, now therefore
BE IT RESOLVED, that the sum of $700.00 be appropriated from the Town Publicity Fund to
provide Town representation at the April 27th Citizen of the Year award gathering.
Councilman Leach questioned the status of the Town's request to the NYS DOT for a
reduced speed limit on Ahrens Road in the Town of Cortlandville, and indicated that the
residents were concerned about the high speeds that vehicles were travelling.
Supervisor Tupper and Town Clerk Snyder indicated that they had not yet received a
response. Town Clerk Snyder suggested the Board submit the request again with a letter from
the Board.
RESOLUTION #74 AUTHORIZE RESUBMISSION OF A REQUEST TO REDUCE
THE SPEED LIMIT ON AHRENS ROAD IN THE TOWN OF
CORTLANDVILLE
Motion by Councilman Proud
Seconded by Councilman Leach
VOTES: AYE - Tupper, Testa, Rocco, Proud, Leach NAY - 0
ADOPTED
WHEREAS, a petition was submitted by area residents requesting the speed limit be reduced on
the entire length of Ahrens Road a town road, and Town Highway Superintendent, Carl A. Bush
is in agreement of such request, and the Town followed proper procedure in the submission of
such request, and
WHEREAS, the Town Board received from the NYS DOT Regional Traffic Engineer, Diana L.
Graser a denial for reducing such speed limit, and
WHEREAS, additional information was collected and resubmitted to the NYS DOT for a second
review via the Cortland County Highway Superintendant per Town Board Resolution adopted
September 17, 2014 and a final response has not been received from such second request,
therefore
BE IT RESOLVED, the Town Board hereby authorizes and directs the third request be
resubmitted to the NYS DOT for review via the Cortland County Highway Superintendent.
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No further comments or discussion were heard.
Councilman Proud made a motion, seconded by Councilman Rocco, to adjourn the
Regular Meeting. All voting aye, the motion was carried.
The meeting was adjourned at 5:40 p.m.
Respectfully 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 May 1, 2015.
The draft version of this meeting was approved as written at the Town Board meeting of May 6, 2015.
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