HomeMy WebLinkAbout04-15-2015APRIL 15, 2015
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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; Chad
Cotterill; Barb Leach; News Reporter: Sharon Stevans for Channel 2, Access TV.
Supervisor Tupper called the meeting to order.
Councilman Proud made a motion, seconded by Councilman Testa, to accept the Draft
Town Board Minutes of March 18, 2015 as written. All voting aye, the motion was carried.
Attorney Folmer reminded the Board that when they approved the Draft Town Board
Minutes of February 4, 2015, they did not approve the Resolution regarding the change in the
street name from Byrne Hollow Crossing to Finger Lakes East Drive. He indicated that the
Resolution was finalized and asked the Board to accept the Resolution so it could be attached to
the Minutes of February 4, 2015.
Councilman Rocco made a motion, seconded by Councilman Proud, to accept the
Resolution of the Draft Town Board Minutes February 4, 2015, "Authorize Change of Name of a
Portion of a Town Street and Highway from Byrne Hollow Crossing to Finger Lakes East
Drive". All voting aye, the motion was carried.
RESOLUTION #75 AUTHORIZE SUPERVISOR TO SIGN
PURCHASE ORDER #1246
Motion by Councilman Leach
Seconded by Councilman Testa
VOTES: AYE — Tupper, Testa, Rocco, Proud, Leach NAY — 0
ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to sign
Purchase Order #1246 submitted by Highway Sup't. Bush to be paid to Cross Country Mfg. for the
purchase of a 16 ft. Utility Trailer, for the total cost of $2,989.00.
RESOLUTION 476 AUTHORIZE PAYMENT OF VOUCHERS — APRIL
Motion by Councilman Leach
Seconded by Councilman Rocco
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 #322-369
General Fund A $ 20,551.61
General Fund B $ 2,660.90
Highway Fund DA $ 0.00
Highway Fund DB $ 83,969.24
Funds CD I, CD3, CD4 Voucher #18-19
BMills Rehab CD $ 0.00
Town Wide Rehab CD3 $ 3,015.50
Business Devl CD4 $ 0.00
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TOWN BOARD MEETING
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Fund HC, SS, SW
Voucher #131-154
NYS Rt 13 Sewer Rehab HC
$ 3,725.00
Sewer SS
$ 852.11
Water SW
$ 42,975.84
Funds SF, TA, TE
Voucher #15-15
C'Ville Fire District SF
$ 0.00
Trust & Agency TA
$ 350.00
Expendable Trust TE
$ 0.00
Supervisor Tupper offered privilege of the floor to Chad Cotterill.
Chad Cotterill, resident of Westmore Lane, presented the Board with photographs and a
copy of a letter and map regarding two parcels he owns located off of Commons Avenue (86.09-
01-21.000 and 86.09-01-22.200). He was concerned with the water flow from properties to the
north which affects his property. He" -asked the Board for guidance and who to approach
regarding his concerns.
Supervisor Tupper stated that Highway Sup't. Bush deals with drainage, however the
Town cannot assist with drainage on private property. The burden is on the property owner. He
suggested Mr. Cotterill start by talking with Highway Sup't. Bush.
Mr. Cotterill stated he did not know what to do. The water was coming onto his land
from someone else's. He stated his first reaction would be to build a dyke at the north end of the
fields, but was not sure if he could and did not want to be responsible for diverting the water onto
someone else's property. The water does not originate from his property, and he did not want to
spend money to move the ditch when the problem started elsewhere. He also did not want to
cause problems for others. Mr. Cotterill discussed moving the ditch and draining the water to the
Town's drain pipe.
Councilman Proud stated that the neighboring property owner, Jim Stevens, was court
ordered to address the drainage on his property. He suggested Mr. Cotterill contact the Cortland
County Soil & Water Conservation District (SWCD) for their guidance. Supervisor Tupper
agreed that the SWCD would be a good place to start and could offer some remedies.
After continued discussion, Attorney Folmer and members of the Board suggested Mr.
Cotterill contact the SWCD first and coordinate with the cemetery, the DOT, and maybe the
DEC. The Board discussed the NYS Route 281 road reconstruction project and that the DOT
would be handling some of the drainage problems. Councilman Proud stated that the DOT has
an elaborate stormwater management plan for the road reconstruction project to handle the water
coming off of the hill and suggested Mr. Cotterill contact the DOT for their input.
Mr. Cotterill thanked the Board and would be in contact with Highway Sup't. Bush as
well.
RESOLUTION #77 ACCEPT ANNUAL REPORT OF THE SUPERVISOR
Motion by Councilman Leach
Seconded by Councilman Proud
VOTES: AYE - Tupper, Testa, Rocco, Proud, Leach NAY - 0
ADOPTED
BE IT RESOLVED, the Annual Report of the Supervisor for the year 2014 is hereby accepted,
and shall be received and filed.
The monthly reports of the Code Enforcement Office and Tax Collector for the month of
March were on the table for review and are filed in the Town Clerk's office.
Under new business, Town Clerk Snyder reported that she received notification from the
State of New York Department of State regarding the filing of Local Law No. 1 of 2015
(Hertzberg Zone Change) and Local Law No. 2 of 2015 (Gutchess Zone Change). She requested
the Board acknowledge the filing of both Local Laws.
APRIL 15, 2015 TOWN BOARD MEETING PAGE 3
RESOLUTION #78 ACKNOWLEDGE NOTIFICATION FROM THE STATE FOR
FILING OF LOCAL LAW NO. 1 OF 2015
Motion by Councilman Proud
Seconded by Councilman Leach
VOTES: AYE - Tupper, Testa, Rocco, Proud, Leach NAY — 0
ADOPTED
BE IT RESOLVED, the New York State Department of State acknowledged receipt of Local
Law No. 1 of 2015 — Zoning Law and Map Amendment (Meira Hertzberg, Esq.), to be effective
April 2, 2015.
RESOLUTION #79 ACKNOWLEDGE NOTIFICATION FROM THE STATE FOR
FILING OF LOCAL LAW NO.2 OF 2015
Motion by Councilman Proud
Seconded by Councilman Leach
VOTES: AYE - Tupper, Testa, Rocco, Proud, Leach NAY — 0
ADOPTED
BE IT RESOLVED, the New York State Department of State acknowledged receipt of Local
Law No. 2 of 2015 — Zoning Law and Map Amendment (Gutchess Lumber Co., Inc.), to be
effective April 2, 2015.
Town Clerk Snyder apprised the Board she received notification from the Town of
Dryden regarding a proposed local law amending their Local Law No. 1 of 2015. She requested
the Board receive and file the notice. Attorney Folmer explained that if you are going to rezone
property that adjoins another municipality you are required to give notice.
Councilman Proud made a motion, seconded by Councilman Leach, to receive and file
correspondence from Town Clerk Bambi Avery, Town of Dryden, dated April 3, 2015, regarding
a proposed Local Law amending Local Law #1-2015 for the Town of Dryden. All voting aye,
the motion was carried.
Attorney Folmer reported:
Code Enforcement Office:
Attorney Folmer mentioned the new monthly report submitted by the Code Enforcement
Office and asked the Board to take a closer look at it. He stated that he works with CEO
Williams and CEO Campbell a lot regarding code enforcement issues. He explained that the
new monthly report gives the Board a better idea of what the code office does.
Drought in California:
Attorney Folmer complimented the Water & Sewer Department and Councilman Proud
in regard to the Town's radio read water meters. He mentioned that the State of California just
discovered a water meter system that would read water meters by computers in a centralized
location which would be helpful regarding their drought. The Town has had such a system in
place for several years.
Proposed Water/Sewer Improvement Projects:
Attorney Folmer apprised the Board that in regard to the proposed water and sewer
improvement projects (Oakcrest Street/Pendleton Street/Saunders Road Sewer and Luker Road
Water), the Town received an engineer's report on the estimated cost, but did not yet have the
engineering report that is the foundation to begin the bonding process. The report was being
prepared by Laura Cassalia of Clough Harbour & Associates. Attorney Folmer stated that he
may suggest the Board hold a special meeting to begin the bonding process if the Town receives
the engineer's report in a timely fashion.
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TOWN BOARD MEETING
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Concern Regarding Property on NYS Route 13:
Attorney Folmer mentioned that Councilman Leach had a concern regarding the property
located across the street from his on NYS Route 13. The Code Enforcement Office mailed the
property owner a letter giving him 10 days to resolve the situation.
Councilman Leach wanted to clarify that he did not own the property located across the
street from his property. He thanked Attorney Folmer and the Code Enforcement Office.
Councilman Leach mentioned that there are several travel trailers (campers) in the
Blodgett Mills area that are being habited. He was not sure if it was illegal, but wondered
whether the Board should address it, especially with the proposed Junk Law in the works.
Attorney Folmer stated that he spoke with CEO Williams regarding the issue yesterday
and looked at the current definition of dwelling and dwelling unit. He and CEO Williams may
have some recommendations.
Councilman Leach questioned whether the Board could add the Junk Law to the next
Board meeting agenda.
Attorney Folmer stated that there has been significant discussion by Planning & Zoning
Officer Weber regarding the substance of the proposal. The discussions are ongoing. Attorney
Folmer would report back to the Board at the May meeting.
Councilman Rocco mentioned that the Town of Homer does not allow junk vehicles on
property. The Town allows two unregistered. Councilman Rocco was interested in reviewing
Homer's law with Attorney Folmer.
Councilman Proud stated that he had some issues regarding the proposed Junk Law and
was interested in PZO Weber's comments. He stated that the Board had to make sure the law
was drafted properly.
As an example, Attorney Folmer explained that included in the proposal was a licensing
provision, which was done on the theory that there are non -conforming uses that the Town could
not control by the Junk Law ordinance itself, but could control it with a licensing provision.
After doing some research, it was PZO Weber's opinion that we do not have any non-
conforming uses within the Town because the definition of a non -conforming use is a use that
was legally established and then became non -conforming because of a change of the law. PZO
Weber's position was that "what you are looking at right now may have been there a long time"
but was never legally established and therefore is not a non -conforming use.
Councilman Proud stated that the proposed Junk Law would permit junk anywhere in the
Town if certain things were met such as fencing, etcetera. He stated that the Town is becoming
more urban and questioned why the Board would want junkyards in residential areas or business
zones. He suggested the Board look at zoning, and that junkyards would only be permitted in
certain zones.
Attorney Folmer explained that one of the areas of concern on Kinney Gulf Road is
zoned R-1 or R-2, however the residential development across the street is zoned Agricultural.
Attorney Folmer stated he would try to have something for the Board at their May meeting.
Councilman Leach reminded the Board that the Town Board Meeting of May 6, 2015
would be held in the Village of McGraw.
There was a brief discussion regarding the 2015 Recreation Contract between the Town
and the City. Supervisor Tupper noted that some changes were made to the contract. He pointed
out the last bullet item under Section 5, which was to provide certified pesticide applicator to
spray as needed at the Cortlandville parks.
RESOLUTION 480 AUTHORIZE SUPERVISOR TO SIGN THE 2015
RECREATION CONTRACT BETWEEN THE TOWN OF
CORTLANDVILLE AND THE CITY OF CORTLAND
Motion by Councilman Leach
Seconded by Councilman Testa
VOTES: AYE - Tupper, Testa, Rocco, Proud, Leach NAY - 0
ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to sign the
2015 Recreation Contract between the Town of Cortlandville and the City of Cortland for Town
parks in the amount of $86,700.00.
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APRIL 15, 2015 TOWN BOARD MEETING PAGE 5
Councilman Proud made a motion, seconded by Councilman Leach, to receive and file
correspondence from the residents of the Cortland Mobile Home Park, owned by Cortland MHP
Associates Inc., dated April 2, 2015, regarding the Water & Sewer billing and benefit tax. All
voting aye, the motion was carried.
Attorney Folmer suggested the Board not discuss the matter in any great length as it was
not the Town's problem. He explained that how a landlord deals with his tax obligations is not
the Town's concern as long as our taxing authorities are doing it the appropriate way. He
recalled that the Town already resolved how the benefit tax is computed for the mobile home
park.
Supervisor Tupper questioned whether the Town should respond to the letter. Attorney
Folmer indicated that there have been some informal discussions with the residents of the mobile
home park.
Councilman Leach made a motion, seconded by Councilman Proud, to receive and file
correspondence from Troy & Banks, dated April 1, 2015, regarding the contract with the Town
to audit utility and telecommunication bills. All voting aye, the motion was carried.
Councilman Leach made a motion, seconded by Councilman Rocco, to receive and file
the signed New York State Department of Transportation Utility Work Agreement for the NYS
Route 281 Reconstruction Project from Luker Road to Fisher Avenue. All voting aye, the
motion was carried.
RESOLUTION #81 AUTHORIZE SUPERVISOR TO SIGN AGREEMENT WITH
THOMA DEVELOPMENT CONSULTANTS FOR GRANT
WRITING SERVICES FOR A COMMUNITY DEVELOPMENT
BLOCK GRANT APPLICATION FOR SEWER
INFRASTRUCTURE
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 authorize and direct the Supervisor to sign the
agreement between the Town of Cortlandville and Thoma Development Consultants to provide
grant writing services for a Community Development Block Grant (CDBG) application for
Sewer Infrastructure in the Saunders Road and/or Oakcrest/Pendleton Street area, for the total
cost of $5,500.00.
RESOLUTION #82 AUTHORIZE SUPERVISOR TO SIGN AGREEMENT WITH
THOMA DEVELOPMENT CONSULTANTS FOR GRANT
WRITING SERVICES FOR A COMMUNITY DEVELOPMENT
BLOCK GRANT FOR A MICROENTERPRISE ASSISTANCE
PROGRAM (MAP)
Motion by Councilman Leach
Seconded by Councilman Proud
VOTES: AYE - Tupper, Testa, Rocco, Proud, Leach NAY - 0
ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to sign the
agreement between the Town of Cortlandville and Thoma Development Consultants to provide
grant writing services for a Community Development Block Grant (CDBG) application for a
Microenterprise Assistance Program (MAP) for the Town, for the total cost of $3,750.00.
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APRIL 15, 2015 TOWN BOARD MEETING PAGE 6
RESOLUTION #83 ACCEPT RESIGNATION TO RETIRE FROM DAVID
THOMAS AS WATER TREATMENT PLANT OPERATOR
Motion by Councilman Proud
Seconded by Councilman Leach
VOTES: AYE - Tupper, Testa, Rocco, Proud, Leach NAY - 0
ADOPTED
WHEREAS, after twenty-nine years of service with the Town of Cortlandville working for the
Water & Sewer Department David Thomas has submitted a letter of resignation to retire,
therefore
BE IT RESOLVED, the Town Board does hereby accept the letter of resignation to retire, with
regret, from David Thomas as Water Treatment Plant Operator effective April 30, 2015, and it is
fiu ther
RESOLVED, that the resignation to retire is hereby received and filed.
Supervisor Tupper informed the Board that he received a request from Assessor David
Briggs requesting permission to hold Grievance Day on Wednesday, May 27, 2015 from 4:00-
6:00 p.m. and 7:00-9:00 p.m. Grievance Day is generally held the fourth Tuesday in the month
of May, however there is a conflict because the Town Planning Board meeting was also
scheduled for that evening.
RESOLUTION #84 AUTHORIZE GRIEVANCE DAY FOR THE TOWN OF
CORTLANDVILLE BE HELD ON WEDNESDAY,
MAY 27, 2015
Motion by Councilman Leach
Seconded by Councilman Proud
VOTES: AYE - Tupper, Testa, Rocco, Proud, Leach NAY - 0
ADOPTED
WHEREAS, the Town Board received a request from Assessor Briggs to hold Grievance Day on
Wednesday, May 27, 2015 due to a conflict with the Town Planning Board Meeting scheduled
for the original date of Tuesday, May 26, 2015, therefore
BE IT RESOLVED, the Town Board does hereby authorize and direct that Grievance Day for
the Town of Cortlandville shall be held on Wednesday, May 27, 2015 at the Raymond G. Thorpe
Municipal Building from 4:00-6:00 p.m. and 7:00-9:00 p.m.
No further comments or discussion were heard.
Councilman Leach made a motion, seconded by Councilman Proud, to adjourn the
Regular Meeting. All voting aye, the motion was carried.
The meeting was adjourned at 5:55 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 7, 2015.
The draft version of this meeting was approved as written at the Town Board meeting of May 20, 2015.