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HomeMy WebLinkAbout02-19-2014D3 FEBRUARY 19, 2014 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; County Legislator Kevin Whitney and his daughters; Undersheriff, Herb Barnhart and Captain Rob Derksen from the Cortland County Sheriff's Department; Matt Howe; JoAnn Wickman, Cortland Area Communities that Care Coalition; Pam Jenkins; News Reporters: Eric Mulvihill from WXHC, and Sharon Stevans from Channel 2, Access TV. Supervisor Tupper called the meeting to order. Councilman Proud made a motion, seconded by Councilman Rocco, to approve the Draft Town Board Minutes of January 15, 2014 as written. All voting aye, the motion was carried. RESOLUTION #34 AUTHORIZE SUPERVISOR TO SIGN PURCHASE ORDER #0145 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 Purchase Order #0145 submitted by Judge Alexander to be paid to Hummel Office Products for the purchase of new office furniture for the total cost of $6,420.00. Supervisor Tupper mentioned that the Town Court received a grant from New York State for approximately $5,000 to pay for the majority of the furniture. RESOLUTION #35 AUTHORIZE PAYMENT OF VOUCHERS - FEBRUARY Motion by Councilman Leach Seconded by Councilman Proud 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 #182-247 General Fund A $ 50,099.71 General Fund B $ 849.17 Highway Fund DA $ 0.00 Highway Fund DB $ 31,917.57 Funds CD I, CD3, CD4 Voucher #(None) BMills Rehab CD $ 0.00 Town Wide Rehab CD3 $ 0.00 Business Devl CD4 $ 0.00 Fund HC, SS, SW Voucher #58-71 NYS Rt 13 Sewer Rehab HC $ 29,080.00 Sewer SS $ 452.24 Water SW $ 8,232.38 Funds SF, TA, TE Voucher #(None) C'Ville Fire District SF $ 0.00 Trust & Agency TA $ 0.00 Expendable Trust TE $ 0.00 FEBRUARY 19, 2014 TOWN BOARD MEETING PAGE 2 a4 Supervisor Tupper offered privilege of the floor to Kevin Whitney. County Legislator Kevin Whitney, and former Chairman of the Judiciary Public Safety Committee, thanked the Town for assisting the County by providing funds to purchase tazers and new guns for the Sheriff's Department. He also thanked the Board again for their support with housing the County's interoperable radio system equipment in the Town's Water & Sewer Garage. He stated that the Board was easy to work with, approachable, and made life easy for Cortland County as a whole. Supervisor Tupper thanked Mr. Whitney and the Cortlandville Fire Department for the contribution they made to help purchase the new equipment for the Sheriff's Department. On behalf of the Sheriff's Department, Undersheriff, Herb Barnhart presented the Board with a plaque to thank them for their continued support of the Sheriff's Department, and for their help with the purchase of new weapons. He mentioned that the Sheriff's Department spends over 40% of its time in the Town. Captain Rob Derksen thanked the Board for their support as well and informed them that the project was one that he worked on for years. With the Town's support the County now has equipment it has needed for years. While he hoped the weapons never have to be used, the Sheriff's Department was now better prepared for dangerous situations that arise. Captain Derksen explained that with budget cuts, in exchange for not losing personnel the department loses equipment. Supervisor Tupper thanked the Sheriff's Department for their hard work and for protecting the Town, which does not have its own police department. Supervisor Tupper offered privilege of the floor to JoAnn Wickman. JoAnn Wickman, from Cortland Area Communities that Care Coalition, discussed the issue of underage drinking and prevention strategies aimed at changing community conditions, standards, institutions, structures, systems and policies. In December 2013, the City of Cortland passed an ordinance addressing "Social Host", which Ms. Wickman explained. Under the existing state law, minors are not allowed to possess alcohol. Any adult who serves alcohol to a minor that is not his/her child is held legally liable. However, if the police go to a party and the underage individuals will not provide the name of the adult who provided them with alcohol there is nothing the police can do. Social Host Legislation holds anyone 16 years of age and older accountable for allowing alcohol to be served to minors on their premises. It is a violation, not a misdemeanor, and would have a fine up to $250.00 and/or up to 15 days in jail. Ms. Wickman stated that there have been many visible issues with underage drinking in the City of Cortland and in the Town of Cortlandville, especially with SUNY Cortland and TC3 being located within the community. She explained that the Coalition has over a decade of data gathered from annual surveys of students, and an annual survey of adults, indicating that adults in the community regularly serve and allow the consumption of alcohol by minors. Ms. Wickman apprised the Board that members of the environmental strategies task force included volunteer community members like herself, representatives from the County Sheriff's Department, the City Police, and the Homer Village Police. She explained that it took time to draft the ordinance, which was presented to the City in September 2013 and was not passed by the City until December 2013. Ms. Wickman provided the Board with copies of the legislation, and offered to answer any questions. Councilman Rocco commented that in Pennsylvania if an underage person is caught with alcohol and is over the legal limit, with no intent to drive, the person could lose his/her driver license for up to 6 months, which he thought was an interesting strategy. Ms. Wickman was aware of the law which has been passed in several states. She stated that the proposal for Social Host Legislation was not meant to solve underage drinking but was an additional tool. She also explained that with rental houses, the renter would be the responsible party. Supervisor Tupper requested Ms. Wickman provide a copy of the legislation to Attorney Folmer to review which she would do. Attorney Folmer questioned why the state has not adopted the legislation statewide. Ms. Wickman explained that the Social Host Legislation is a plan. Supervisor Tupper thanked Ms. Wickman for the information. 1 0 FEBRUARY 19, 2014 TOWN BOARD MEETING PAGE 3 Supervisor Tupper offered privilege of the floor to Pam Jenkins. Pam Jenkins updated the Board on the County's "Ash for Trash" proposal. Since October 2013 she has asked Cortland County to post all of the relevant documents on the County's website, which has not been done. The public comment period for scoping expires February 28, 2014, which was extended from January 28, 2014. She stated that most of the important documents for the proposed ash dump have been withheld, including the solid waste management plan update, 6NYCRR Part 360, permit modifications that are being sought, and the scoping document. Ms. Jenkins stated that the only thing given out with regard to the scoping document was a list of topics to comment on. Ms. Jenkins apprised the Board that on February 6, 2014 Cortland County officials negotiated a draft contract with OCCRA to work out the details for an ash dump. She requested a copy of the draft contract under FOIL which was denied. She appealed the denial and was waiting for a response from the County Attorney. Ms. Jenkins had a letter from Robert Freeman from the Committee on Open Government indicating that the information could not be withheld. Mr. Freeman would be in town next week and she was interested in speaking with him about that. Ms. Jenkins also informed the Board that Dr. Paul Connett, a 26-year professor of environmental chemistry at St. Lawrence University, spoke at SUNY Cortland's Beard Building in January 2014. Dr. Connett spoke about what other localities in the U.S. and around the world were doing to decrease their pressure on landfills, using super maximal recycling and composting. Ms. Jenkins offered to provide the Board with the website address to watch the video of the lecture. Lastly, with the help of others Ms. Jenkins stated that she submitted 50-pages of comments to the County regarding the scoping document. She mentioned that the Village of McGraw and the Town of Solon were not in favor of the ash dump proposal. Councilman Rocco agreed with Ms. Jenkins that the County's scoping document, or list of topics, was not adequate to make comments on. He mentioned that he spoke with the new County Attorney, Karen Howe regarding his concerns. He suggested that Ms. Jenkins contact Pat Snyder or the engineering firm Barton & Loguidice regarding the project. Ms. Jenkins indicated that she did and they refused to issue any scoping document other than what they provided. She also mentioned that Barton & Loguidice refused to fill out Part 2 of the SEQRA form which is required under the SEQRA law. Councilman Proud announced to the Board that he audited the Tax Collector and Town Clerk records for the year 2013 and found everything to be in order. The monthly reports of the Town Justices and the Water & Sewer Department for the month of January 2014 were on the table for review and are filed in the Town Clerk's office. RESOLUTION #36 ACCEPT PROCEDURES AND FINDINGS REPORT FROM PORT, KASHDIN & MCSHERRY FOR THE PERIOD ENDING DECEMBER 31, 2012 FOR THE TOWN OF CORTLANDVILLE COURT Motion by Councilman Leach Seconded by Councilman Testa VOTES: AYE - Tupper, Testa, Rocco, Proud, Leach NAY - 0 ADOPTED BE IT RESOLVED, the procedures and findings report from Port, Kashdin & McSherry for the period ending December 31, 2012 for the Town of Cortlandville Court is hereby accepted and shall be received and filed. Es FEBRUARY 19, 2014 TOWN BOARD MEETING PAGE 4 RESOLUTION #37 ACCEPT ANNUAL REPORT OF THE LAMONT MEMORIAL FREE LIBRARY FOR THE YEAR 2013 Motion by Councilman Proud Seconded by Councilman Leach VOTES: AYE - Tupper, Testa, Rocco, Proud, Leach NAY - 0 ADOPTED BE IT RESOLVED, the Annual Report of the Lamont Memorial Free Library for the year 2013 is hereby accepted and shall be received and filed. Councilman Rocco made a motion, seconded by Councilman Testa, to receive and file correspondence from Time Warner Cable, dated January 31, 2014, regarding the new monthly rates for services. All voting aye, the motion was carried. Under new business, neither Town Clerk Snyder nor Attorney Folmer had anything to report. RESOLUTION 438 AUTHORIZE THE CORTLAND CITY SCHOOL DISTRICT USE OF THE TOWN MEETING ROOM TO CONDUCT THEIR ANNUAL SCHOOL BOARD ELECTION ON MAY 20, 2014 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 Cortland City School District use of the Town meeting room in the Raymond G. Thorpe Municipal Building, to conduct their annual Budget Vote and School Board Elections on Tuesday, May 20, 2014 from 11:30 a.m. to 9:30 p.m. RESOLUTION #39 SCHEDULE PUBLIC HEARING FOR AQUIFER PROTECTION PERMIT SUBMITTED BY GUTCHESS LUMBER CO., INC. FOR PROPERTY LOCATED AT 3599 NYS ROUTE 281 Motion by Councilman Leach Seconded by Councilman Rocco VOTES: AYE - Tupper, Testa, Rocco, Proud, Leach NAY - 0 ADOPTED BE IT RESOLVED, a Public Hearing shall be scheduled for March 5, 2014 at 5:00 p.m. for the Aquifer Protection Permit application submitted by Gutchess Lumber Co., Inc. for property located at 3599 NYS Route 281, tax map #95.12-01-13.000. Councilman Proud made a motion, seconded by Councilman Leach, to receive and file correspondence from Susan Briggs, Chair of the Cortland County Legislature, dated February 7, 2014, regarding the proposed transfer station and long term solid waste partnership with Onondaga County, and the extension of the scoping period to February 28, 2014. All voting aye, . the motion was carried. Councilman Leach made a motion, seconded by Councilman Proud, to receive and file correspondence from the Cortland County Soil & Water Conservation District, received February 10, 2014, regarding an Erosion and Sediment Control class to be held March 6, 2014 from 8:00 a.m. to 12:00 p.m. at the NYS Grange Headquarters Building in Cortland. All voting aye, the motion was carried. ,9,7 FEBRUARY 19, 2014 TOWN BOARD MEETING PAGE 5 There was discussion regarding the need for a new 80 KW Natural Gas Stationary Stand- by Generator. Councilman Proud explained that the generator would provide power to the Terrace Road pump house and to the Town Hall climate control system when power is interrupted. He stated that the generator would assist the town with the increased demands on the Town's water system and mentioned the new Byrne Dairy facility. Supervisor Tupper explained that what prompted the need for a generator was that last year a car struck a telephone pole in the vicinity of the Town Hall causing a power outage. The pump could not be used until the power came back on. Water & Sewer Sup't. Alteri wanted to avoid future situations. Councilman Leach questioned whether the Town could tie into the Cortlandville Fire Department's generator. Supervisor Tupper stated that the fire station has a generator but it was not large enough to service the Town as well. However, the new 911 building behind the Fire Department was looking to get a larger generator that the Town may be able to tie into. RESOLUTION #40 AUTHORIZE WATER & SEWER SUP'T.'TO LET OUT TO BID FOR ONE NEW AND UNUSED 80 KW NATURAL GAS STATIONARY STAND-BY GENERATOR 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 Water & Sewer Sup't. Alteri to let out to bid for One New and Unused 80 KW Natural Gas Stationary Stand-by Generator, and it is further RESOLVED, that the bids shall be opened at 3:00 p.m. on March 21, 2014 at the office of the Town Clerk, and shall be awarded at the April 2, 2014 Town Board Meeting at 5:00 p.m. Supervisor Tupper informed the Board he spoke with Bernard Thoma, from Thoma Development Consultants, who requested the Town enter into a grant writing contract with Thoma Development for a Community Development Block Grant (CDBG) Economic Development application. The CDBG would be used to provide a company financial assistance to purchase the Borg Warner property. RESOLUTION 441 AUTHORIZE SUPERVISOR TO SIGN AGREEMENT WITH THOMA DEVELOPMENT CONSULTANTS FOR GRANT WRITING SERVICES FOR A COMMUNITY DEVELOPMENT BLOCK GRANT ECONOMIC DEVELOPMENT APPLICATION 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 Grant Writing Agreement between the Town of Cortlandville and Thoma Development Consultants to provide grant writing services for a Community Development Block Grant (CDBG) Economic Development application, for the total cost of $5,500.00. Supervisor Tupper apprised the Board he received a request from Gutchess Lumber Co., Inc. to rezone 12 parcels from their current classifications to Industrial. Gutchess Lumber owned all of the parcels with the exception of tax map #95.12-01-18.000 owned by Carl Demarchi, 95.16-01-05.000 & 95.16-01-07.000 owned by the Town of Cortlandville, and 95.12-01-12.000 owned by the State of New York. Gutchess Lumber owned the land adjacent to the parcels, with the exception of the parcel owned by the State of New York and the former Friendly's Restaurant, which Gutchess Lumber recently purchased. FEBRUARY 19, 2014 TOWN BOARD MEETING PAGE 6 9-1 Attorney Folmer stated that at the Board's request he drafted a proposed local law to rezone 12 parcels from their present zoning to an Industrial zone, in accordance with the request that Gutchess Lumber made. Attorney Folmer asked a member of the Board to introduce the proposed local law. He provided the Board and Town Clerk Snyder with a copy of the proposed local law, as well as a copy of the letter from Gutchess Lumber dated January 31, 2014, a map showing the location of the involved parcels, and a list of the parcels with the dimensions of the properties. Attorney Folmer explained that he would forward a copy of the proposed local law to both the Town and County Planning Boards for review. When the Board receives recommendations from such boards, they could proceed with the SEQRA process, hold a public hearing, and adopt the zone changes. Attorney Folmer stated that it was an interesting proposition, in which Gutchess wanted to make the appropriate and best use of their land. Councilman Rocco commented that over the past 29 years as a member of the Board he has had a lot of experience with the Gutchess family, the way they do business, and what they do for the community. About 15 years ago the Town was concerned that Gutchess would move its operation, which would leave a big void in Cortland County. Councilman Rocco stated that the business has made quite a commitment to the Town and County, and was pleased that it has remained in the community. He stated that he would like to see the zone changes happen. Supervisor Tupper agreed that the Gutchess family runs a great operation. He stated that any opportunity the Town has to help Gutchess expand is a benefit for the Town and the entire County. RESOLUTION #42 REFER ZONE CHANGE REQUEST OF GUTCHESS LUMBER CO., INC. TO THE TOWN AND COUNTY PLANNING BOARDS FOR REVIEW AND RECOMMENDATIONS Motion by Councilman Proud Seconded by Councilman Leach VOTES: AYE - Tupper, Testa, Rocco, Proud, Leach NAY - 0 ADOPTED BE IT RESOLVED, the Zone Change Request submitted by Gutchess Lumber Co., Inc. to change the following properties from their present zoning classifications to Industrial (I-2) shall be referred to the Town and County Planning Boards for their review and recommendations. 95.11-03-18.000 Cortland Wood Products Inc. McLean Rd. R-1 95.12-01-12.000 People of the State of New York 3609 Route 281 B-3 95.12-01-13.000 Gutchess Lumber Co., Inc. 3599 Route 281 B-3 95.12-01-18.000 Carl and Frances Demarchi 3593 Route 281 B-3 95.12-01-19.000 Cortland Wood Products Inc. Route 281 B-3 95.15-01-12.000 Gutchess Lumber Co., Inc. 693 Stupke Rd. R-1 95.15-01-13.000 Cortland Wood Products Inc. Stupke Rd. R-1 95.15-01-14.110 Cortland Wood Products Inc. 723 Stupke Rd. R-1 95.15-01-14.120 Cortland Wood Products Inc. Stupke Rd. R-1 95.15-01-14.200 Cortland Wood Products Inc. Stupke Rd. R-1 No further comments or discussion were heard. Councilman Proud made a motion, seconded by Councilman Leach, to adjourn the Regular Meeting. All voting aye, the motion was carried. The meeting was adjourned at 5:45 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 March 14, 2014. The draft version of this meeting was approved as written at the Town Board meeting of March 19, 2014 F-j 1