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Home My WebLink About10-21-2015OCTOBER 21, 2015 5:00 P.M. TOWN BOARD MEETING 169 1 1 The Regular Meeting of the Town Board of the Town of Cortlandville was held at the Raymond G. Thorpe Municipal Building, Cortland, New York, with Supervisor Tupper presiding. Members present: Supervisor, Richard C. Tupper Councilman, Theodore V. Testa Councilman, Ronal L. Rocco Councilman, Gregory K. Leach Town Clerk, Karen Q. Snyder, RMC Excused: Councilman, John C. Proud Others present were: Town Attorney, John Folmer; Highway Sup't. Carl Bush; Town Justice, David Alexander; Barbara Leach; News Reporters: Eric Mulvihill from WXHC, Tyrone Heppard from the Cortland Standard, Sharon Stevans from Channel 2, Access TV, and Peter Blanchard from the Cortland Voice. Supervisor Tupper called the meeting to order. The Draft Town Board Minutes of October 7, 2015 were presented to the Board for their review. RESOLUTION #221 AUTHORIZE SUPERVISOR TO SIGN PURCHASE ORDER #1253 Motion by Councilman Leach Seconded by Councilman Rocco VOTES: AYE - Tupper, Testa, Rocco, Leach NAY - 0 ABSENT- Proud ADOPTED BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to sign Purchase Order #1253 submitted by Highway Sup't. Bush to be paid to Midland Machinery Co., for the purchase of a conveyor belt for the Shoulder Machine, for the total cost of $3,618.00. RESOLUTION #222 AUTHORIZE PAYMENT OF VOUCHERS — OCTOBER Motion by Councilman Rocco Seconded by Councilman Leach VOTES: AYE - Tupper, Testa, Rocco, Leach NAY - 0 ABSENT- Proud ADOPTED BE IT RESOLVED, the vouchers submitted have been audited and shall be paid as follows: Funds A, B, DA, DB Voucher #946-981 General Fund A $ 20,435.96 General Fund B $ 4,640.59 Highway Fund DA $ 0.00 Highway Fund DB $ 67,987.50 Funds CD I, CD3, CD4 Voucher #49-50 BMills Rehab CD 1 $ 0.00 Town Wide Rehab CD3 $ 12,447.75 Business Devl C134 $ 0.00 Fund HA, HB, HC, HD, Voucher #389-399 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 $ 1,117.13 Water SW $ 9,961.88 OCTOBER 21, 2015 TOWN BOARD MEETING PAGE 2 Funds SF, TA, TE Voucher #35-37 C' Ville Fire District SF Trust & Agency TA Expendable Trust TE $ 0.00 $ 39,650.16 $ 0.00 The monthly reports of the Town Justices for the month of September were on the table for review and are filed in the Town Clerk's office. Councilman Rocco made a motion, seconded by Councilman Leach, to receive and file correspondence from Time Warner Cable, dated October 21, 2015, regarding programming services. All voting aye, the motion was carried. RESOLUTION #223 SCHEDULE PUBLIC HEARING REGARDING THE 2016 PRELIMINARY BUDGET Motion by Councilman Leach Seconded by Councilman Testa VOTES: AYE - Tupper, Testa, Rocco, Leach NAY - 0 ABSENT- Proud ADOPTED BE IT RESOLVED, a Public Hearing is hereby scheduled to be held on November 4, 2015 at 5:00 p.m. regarding the 2016 Preliminary Budget, and it is further RESOLVED, that copies shall be made available for distribution to the public on November 4, 2015. RESOLUTION 4224 SCHEDULE DATE TO ADOPT 2016 PRELIMINARY BUDGET AS THE 2016 ADOPTED BUDGET Motion by Councilman Leach Seconded by Councilman Testa VOTES: AYE - Tupper, Testa, Rocco, Leach NAY - 0 ABSENT- Proud ADOPTED BE IT RESOLVED, the Town Board shall adopt the 2016 Preliminary Budget as the 2016 Adopted Budget at the Regular Town Board Meeting on Wednesday, November 18, 2015 at 5:00 p.m. Under new business, Town Clerk Snyder apprised the Board she received notification from the Dryden Town Clerk regarding a proposed amendment to the Town of Dryden's Zoning Law. The Town of Dryden was required to send notice to the Town of Cortlandville because they are an adjoining town. Councilman Leach made a motion, seconded by Councilman Testa, to receive and file correspondence from Bambi L. Avery, Dryden Town Clerk, dated October 8, 2015, as well as the Notice of Public Hearing regarding a proposed Zoning Law Amendment for the Town of Dryden (Local Law #1 of 2015). All voting aye, the motion was carried. Attorney Folmer reported: Proposed Local Law — Retail Petroleum Sales: Attorney Folmer reported that after the Board's comments a change was made to the proposed Local Law for Retail Petroleum Sales to prohibit those facilities in Agricultural and all Residential zones, however it was no longer prohibited in the B-1 zone. The draft was forwarded to the Town and County Planning Boards for their comments. l 7_I OCTOBER 21, 2015 TOWN BOARD MEETING PAGE 3 Conditional Permit - Fast Lane Auto: Attorney Folmer apprised the Board that at the Town Planning Board's September 29, 2015 meeting they approved a Conditional Permit for John Barden, Fast Lane Auto. The permit approved the current use of greenspace provided that he be in compliance with his proposed site plan submitted at the meeting. CEO Williams inspected the property on October 19, 2015 and provided a memo to Attorney Folmer to present to the Planning Board at their next meeting. In CEO Williams' opinion, Mr. Barden was in compliance as to the number of vehicles and their placement. Attorney Folmer advised Mr. Barden that he was in compliance and suggested to him that he stay in compliance. Outstanding Engineering Fees Payable to the Town: Attorney Folmer apprised the Board that there were outstanding engineering fees due for both Sun Auto ($7,115.25) and the propane facility in Polkville, HBDR, LLC ($6,308.25). Attorney Folmer contacted Attorney Shafer who represented both applicants regarding the outstanding fees. Water/Sewer Benefit Tax for Lime Hollow Nature Center, Inc.: Attorney Folmer recalled that in 2011 the Board adopted a resolution with regard to the Lime Hollow Nature Center. At that time, the Lime Hollow Nature Center acquired a parcel of land on Stupke Road/Lime Hollow Road and agreed that it would be cleaned up, taken care of, and that they had no plans to develop or sell any part of that parcel. They requested the Board assess the parcel at one unit for Water/Sewer Benefit Tax purposes, which the Board agreed to. The resolution would expire December 31, 2015. Attorney Folmer apprised the Board that he met with John Gustafson from the Lime Hollow Nature Center who indicated that there has been no change to the status of the property. Attorney Folmer suggested the Board consider adopting a resolution extending the one unit determination for a period of 5 years commencing January 1, 2016 through December 31, 2020. RESOLUTION 4225 AUTHORIZE EXTENSION OF A WATER AND SEWER BENEFIT TAX ONE UNIT CHARGE FOR PROPERTY OWNED BY LIME HOLLOW NATURE CENTER INC. Motion by Councilman Leach Seconded by Councilman Testa VOTES: AYE - Tupper, Testa, Rocco, Leach NAY - 0 ABSENT- Proud ADOPTED WHEREAS, per Resolution #94 of 2011, adopted April 20, 2011, the Town Board authorized a reduction of the Water and Sewer Benefit Tax unit charge to one unit for Water and Sewer until December 31, 2015, for a 12.57 acre parcel of land owned by Lime Hollow Nature Center for Environment & Culture, located between Stupke and Lime Hollow Roads, tax map #95.15-03- 23.100, and WHEREAS, according the 2015 Town of Cortlandville Final Roll, tax map #95.15-03-23.100 is an 11.39 acre parcel owned by Lime Hollow Nature Center, Inc., and WHEREAS, the said parcel is a portion of lands currently formed as a nature preserve along the old Lehigh Valley Railroad right of way, and WHEREAS, the Center accomplished site clean-up and other environmental activities that would enhance two wet lands located within such parcel, and WHEREAS, the Center has no plans to develop and/or sell said parcel or any part thereof, and has asked the Town to continue to grant relief for this green space, and WHEREAS, the Town Board has reviewed the matter and determined that the special assessment shall be continued, now therefore NO- OCTOBER 21, 2015 TOWN BOARD MEETING PAGE 4 BE IT RESOLVED, the Lime Hollow Center for Environment & Culture shall be assessed on the above referenced parcel at one unit for Water and Sewer from January 1, 2016 until December 31, 2020, unless prior to that date any portion of the above referenced parcel is sold, or developed beyond those activities set forth in a communication from the Center dated March 29, 2011, and it is further RESOLVED, the Center and the Town shall review this matter during the year 2020 to determine if such special assessment shall be continued. RESOLUTION #226 AUTHORIZE SUPERVISOR TO SIGN THE ANNUAL PERFORMANCE REPORT REGARDING THE TOWN OF CORTLANDVILLE' S COMMUNITY DEVELOPMENT BLOCK GRANT FOR PRECISION E-FORMING Motion by Councilman Leach Seconded by Councilman Rocco VOTES: AYE - Tupper, Testa, Rocco, Leach NAY - 0 ABSENT- Proud ADOPTED BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to sign the Annual Performance Report (Final) regarding the Community Development Block Grant for the Town of Cortlandville for Precision E-forming (287SB46-12) for the period of January 1, 2015 through October 1, 2015. RESOLUTION #227 AUTHORIZE SUPERVISOR TO REFUND THE PARK RESERVATION FEE OF $50.00 TO DONNA PARKER Motion by Councilman Testa Seconded by Councilman Rocco VOTES: AYE - Tupper, Testa, Rocco, Leach NAY - 0 ABSENT- Proud ADOPTED WHEREAS, the Town Board received a request from Donna Parker to be refunded the $50.00 park reservation fee due to the cancellation of her October 4, 2015 reservation for Citizens Park, and WHEREAS, due to a medical issue the park reservation was cancelled, therefore BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to refund $50.00 to Donna Parker. RESOLUTION #228 AUTHORIZE SUPERVISOR TO SIGN THE OWNER - OCCUPIED LOAN AGREEMENT BETWEEN THE TOWN AND MICHELLE TOWSLEY FOR THE TOWN'S 2013 COMMUNITY DEVELOPMENT BLOCK GRANT TOWN -WIDE HOUSING REHABILITATION PROGRAM Motion by Councilman Leach Seconded by Councilman Rocco VOTES: AYE - Tupper, Testa, Rocco, Leach NAY - 0 ABSENT- Proud 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 Michelle Towsley, 1368 East River Road, Cortland, New York, for a 100% deferred loan for the 2013 Community Development Block Grant Town -Wide Housing Rehabilitation Program in the amount of $5,200.00. /73 OCTOBER 21, 2015 TOWN BOARD MEETING PAGE 5 RESOLUTION #229 AUTHORIZE SUPERVISOR TO SIGN THE AFFIDAVIT REGARDING THE TOWN'S 2013 COMMUNITY DEVELOPMENT BLOCK GRANT TOWN -WIDE HOUSING REHABILITATION PROGRAM BETWEEN THE TOWN AND KLARON C. AND JANICE D. SMITH Motion by Councilman Leach Seconded by Councilman Rocco VOTES: AYE - Tupper, Testa, Rocco, Leach NAY - 0 ABSENT- Proud 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 Klaron C. and Janice D. Smith, 3671 Pendleton Street, Cortland, New York regarding the extension of loan funds by the Town's CDBG Program for the total amount of $2,429.32. RESOLUTION #230 AUTHORIZE SUPERVISOR TO SIGN THE AFFIDAVIT REGARDING THE TOWN'S 2013 COMMUNITY DEVELOPMENT BLOCK GRANT TOWN -WIDE HOUSING REHABILITATION PROGRAM BETWEEN THE TOWN AND STACY CRANDALL-JONES Motion by Councilman Leach Seconded by Councilman Rocco VOTES: AYE - Tupper, Testa, Rocco, Leach NAY - 0 ABSENT- Proud 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 Stacy Crandall -Jones, 1280 Fisher Avenue, Cortland, New York regarding the extension of loan funds by the Town's CDBG Program for the total amount of $1,152.89. Supervisor Tupper mentioned that the Town's 2016 Preliminary Budget shows no increase from the 2015 Budget, with a $3.06 Town tax rate and a $2.24 tax rate for the Village. The Benefit Tax, which has not yet been computed, should decrease slightly. There was also a decrease in the proposed Cortlandville Fire District's Budget. Councilman Rocco updated the Board with regard to the speed limit concern on McLean Road. He indicated that there were two Letter to the Editor's written in the Cortland Standard, one by Town resident Andrea Rankin, and the second by John Gustafson from the Lime Hollow Nature Center. Town Clerk Snyder provided a photocopy of the Town's McLean Road speed limit file to Councilman Rocco, which he delivered to the Rankins' for their review. Councilman Rocco mentioned that included in the packet were recommendations from numerous individuals requesting a reduction in speed limit, including letters from the former President of the Lime Hollow Nature Center, the Superintendent of Schools, the Transportation Supervisor, and two State Troopers, all recommending a lower speed limit out of concern for the school buses. Councilman Rocco indicated to Mr. Rankin that if he or his wife had any questions, or if they wanted to pursue anything further, that they should contact him. Councilman Rocco also mentioned that he asked the Lime Hollow Nature Center why they don't blacktop their driveway, which he thought would help school buses exit the driveway. The "lip" of the driveway was blacktop, however they prefer to keep the driveway stone because they don't want to harm the aquifer. Supervisor Tupper questioned when the last time the Board requested a reduction in speed limit was. Councilman Rocco indicated that the last time was in 2010. Supervisor Tupper stated that the programs offered at the Lime Hollow Center have grown exponentially since then. He suggested the Board submit another request for a reduction in speed limit. After continued discussion, the Board agreed to submit another request for a reduction in speed limit on McLean Road. The request would include the information that has been sent to OCTOBER 21, 2015 TOWN BOARD MEETING PAGE 6 the NYS DOT from prior requests, as well as additional information including: a cover letter listing the attachments, a narrative explaining changes since 2010 that would warrant a reduction in speed limit, and updated information from the Cortlandville Fire Department and County Sheriff's Department. The request would be forwarded to the NYS DOT via the County Highway Sup't. RESOLUTION #231 AUTHORIZE REQUEST TO REDUCE SPEED LIMIT ON MCLEAN ROAD IN THE TOWN OF CORTLANDVILLE Motion by Councilman Leach Seconded by Councilman Testa VOTES: AYE - Tupper, Testa, Rocco, Leach NAY - 0 ABSENT- Proud ADOPTED WHEREAS, since documentation of January 26, 1971 the Town Board has persistently submitted requests for a reduction in speed limit on McLean Road, a heavily traveled County Road in the Town of Cortlandville, and WHEREAS, requests for a reduction in speed limit on McLean Road were submitted March 3, 1971; December 3, 1975; May 6, 1981; September 6, 1989; May 3, 1995; October 20, 1999; March 28, 2000; October 18, 2000; November 13, 2003; March 15, 2006; February 7, 2007; December 19, 2007; April 1, 2009; December 26, 2013 (by Town resident Raphael Stark), and WHEREAS, such requests have included numerous letters and petitions from Town residents; letters of support from State Senator James Seward and former Member of Assembly, 125t" District, Martin A. Luster; requests from the Dryden Central School District, Superintendent of Schools; Dryden Central Schools, Transportation Supervisor; Cortland City School District, Superintendent of Schools; Cortland City School District, Board of Education; Homer Central School District, Superintendent of Schools; Lime Hollow Center for Environment & Culture; traffic reports from the New York State Police; accident reports from the Cortlandville Fire District; newspaper articles; and photographs depicting road conditions, vehicles in distress, and personnel called to the scene of accidents (previously submitted to Diana L. Graser, P.E., NYS DOT), and WHEREAS, the State of New York Department of Transportation has continuously denied the Towns requests indicating that the "roadside development and highway characteristics justify retaining the existing speed limit," a decision that is not acceptable to the Town Board, and WHEREAS, requests were once again received to reduce the speed limit on McLean Road to 45 mph from Deerfield Heights to the Cortland/Tompkins County line, therefore BE IT RESOLVED, the Town Board does hereby authorize and direct that this request, including the supporting documentation, be submitted once again to the New York State Department of Transportation, via the Cortland County Highway Superintendent, and it is further RESOLVED, the Town Board hereby requests that the Cortland County Highway Superintendent submit his comments and considerations for a reduction in speed limit. Councilman Leach mentioned that he recently asked for the former Budget Inn property to be mowed. Supervisor Tupper indicated that the Brockway Museum mowed the property and agreed to take care of the mowing. Supervisor Tupper thanked Town Bookkeeper, Marcia Hicks for her many hours working on the Town Budget. He also thanked the department heads for their hard work. OCTOBER 21, 2015 TOWN BOARD MEETING PAGE 7 t 75 No further comments or discussion were heard. Councilman Leach made a motion, seconded by Councilman Testa, to adjourn the Regular Meeting. All voting aye, the motion was carried. The meeting was adjourned at 5:40 p.m. J Respectfully submitted, aQnyder, RMC Town Clerk Town of Cortlandville *Note: The draft version of this meeting was submitted to the Town Board for their review on November 13, 2015. The draft version of this meeting was approved as written at the Town Board meeting of November 18, 2015. 1 1