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