HomeMy WebLinkAbout03-16-20132-50
MARCH 06, 2013
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; Town
Planning Board Member, Nick Renzi; Town Zoning Board of Appeals Member, David
Alexander; Barb Leach; County Legislator, Susan Briggs; Mike Barylski; Chris Bushnell; Steve
Flatt; Jim Reeners; Mike Reeners; Beth Holland; Loren Holland; Amy and Jeff Bauer; Regina
Grantham; Nancy and Richard Kroot; Steve Moffitt; Brianna Head; John Head; Karen and Julie
Hempson; Nancy and Scott Cavellier; Victor Siegle; Roy Hurlbert; Shelly White; Eric
Marquardt; Paul Heider; Bob Beceaul; News Reporters: Eric Mulvihill from WXHC, and Sharon
Stevans for Channel 2, Access TV.
Supervisor Tupper called the meeting to order.
Councilman Leach made a motion, seconded by Councilman Proud, to approve the Draft
Special Town Board Minutes of January 14, 2013. All voting aye, the motion was carried.
RESOLUTION #59 AUTHORIZE SUPERVISOR TO SIGN
PURCHASE ORDER #1184
Motion by Councilman Proud
Seconded by Councilman Leach
VOTES: ALL AYE ADOPTED.
BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to sign
Purchase Order # 1184 submitted by Highway Sup't. Bush to be paid to Bobcat Company for a Skid
Steer Auger with bits, including freight, in the amount of $3,626.05.
RESOLUTION #60 AUTHORIZE PAYMENT OF VOUCHERS — MARCH
Motion by Councilman Leach
Seconded by Councilman Proud
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the vouchers submitted have been audited and shall be paid as follows:
Funds A, B, DA, DB Voucher 9161-205:
General Fund A $ 75,978.91
General Fund B $ 2,015.87
Highway Fund DA $ 0.00
Highway Fund DB $ 26,032.05
Funds CD I, CD3, CD4
Fund CD2
Fund HC, SS, SW
Voucher #3-6:
BMills Rehab CD1
Town Wide Rehab CD3
Business Devl CD4
Voucher #0
Senior Rehab CD2
Voucher #68-79
NYS Rt 13 Sewer Rehab HC
Sewer SS
Water SW
$ 0.00
$ 32,857.81
$ 0.00
0.00
$ 0.00
$ 3,995.55
$ 1,493.93
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MARCH 06, 2013
TOWN BOARD MEETING
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Funds SF, TA, TE
Voucher #(None)
C'Ville Fire District SF $ 0.00
Trust & Agency TA $ 0.00
Expendable Trust TE $ 0.00
Supervisor Tupper offered privilege of the floor to Amy Bauer.
Amy Bauer, representing the residents of Westmore Lane submitted a letter to the Board
which she read aloud. The letter was in response to a recent "Letter to the Editor" published in
the Cortland Standard by Jim and Mike Reeners regarding their proposed housing project on tax
map #86.09-01-21.000 and #86.09-01-22.200. If done correctly within the R-1 zoning
requirements, the neighbors were in favor of a senior community adjacent to the Westmore Lane
neighborhood.
The residents had concerns regarding Mr. Reeners' proposal for a development that he
put forth before the Town Board:
1. Concerned that proposal was to change the R-1 zoning to allow greater density of
population and structures.
2. Concerned that proposal was to build a 2-story apartment complex with 40-car
parking lot, parking garage, and maintenance building; 5 duplexes; 8 cottages; 31
small homes; and a two-lane road to provide driving access.
3. Concerns regarding potential water run-off and bottleneck traffic in a high -density
development; elevation.
Mrs. Bauer stated that Mr. Reeners has asked the Town of Cortlandville to allow spot -
zoning by creating an R-4 zone that does not exist locally, and read the definition of spot -zoning.
She mentioned that at the last Town Board Meeting, Attorney Folmer advised the Board that Mr.
Reeners' request could constitute spot -zoning and that approval should not be granted at this
time.
According to the Town's Land Use & Aquifer Protection Plan of 2002, the parcel is to
remain at R-1 zoning, which Mrs. Bauer interpreted to mean that housing should be built
according to and with respect for the legal residential zoning laws. Prior to Mr. Reeners' request
to rezone the parcel to R-4, the original request was for a rezone to R-3 which would require that
variances be granted for the front yard setbacks of 25 ft. versus the required 35 ft. According to
Town representatives, Mrs. Bauer stated that variances should only be allowed if there is a
hardship. She stated that the only hardship would be financial and self-induced for planning a
high density development on a parcel of land zoned R-1 which does not allow such a
development to be constructed. The neighbors of Westmore Lane encouraged Mr. Reeners to
develop the property as it was intended under the R-1 zoning.
Mrs. Bauer stated that there was no assurance that there would be sufficient interest by
aging baby boomers who have the funds to afford Mr. Reeners' housing costs, or to be attracted
to his highly dense area. The residents of Westmore Lane recommended that government
officials conduct an official feasibility study to determine the County's actual need for senior
living at the proposed rent and purchase levels, rather than to rely on remarks made in Mr.
Reeners' online straw vote.
The residents were concerned that Mr. Reeners was not 100% committed to a senior
housing plan. Mrs. Bauer mentioned that during the residents' meeting with Mr. Reeners they
asked whether he would consider selling to future homeowners who are not 55 or older to which
he replied yes. While the residents believe Mr. Reeners does hope to develop and sell to seniors,
there is no assurance that will happen. If the Town approves the request to spot -zone the parcel
to R-4, there would be no requirements for Mr. Reeners to develop and sell to seniors.
Mrs. Bauer stated there are other parcels surrounding Cortland that would fulfill Mr.
Reeners' dream of creating a senior community or high density development that have
convenient access to shopping, etc., but that do not pose the same zoning, water or traffic
concerns. The residents and neighbors of Wesmore Lane did not feel the parcel Mr. Reeners was
pursuing was suited for his plan.
The monthly reports of the Supervisor and Water & Sewer Department for the month of
January 2013, and the Town Clerk, Tax Collector, Code Enforcement, and the Fire & Safety
Inspection Report for the month of February 2013, 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 March 1, 2013, regarding programming
services. All voting aye, the motion was carried.
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MARCH 06, 2013 TOWN BOARD MEETING PAGE 3
RESOLUTION #61 ENTERTAIN FOR DISCUSSION TOWN BOARD
RESOLUTION #54 OF 2013
Motion by Councilman Proud
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby wish to entertain for discussion Resolution
#54 of 2013, which tabled any action for a zone change request from an R-1 to R-4 for property
located at Kinney Gulf Road and Route 281.
There was discussion regarding the proposed zone change request. Councilman Proud
stated that at the last Board Meeting the Board entered into an agreement with Clough Harbour
& Associates (CHA) to conduct a study with regard to the future development of the Town,
which the Board had been discussing for the past 9 months. Councilman Proud stated it would
be premature to go forward with any zoning proposal at this time until the Board had a report
back from CHA.
Councilman Rocco mentioned that CHA is the Town's engineering firm that the Town
has worked with for over 10 years. Supervisor Tupper stated that CHA has a professional
planner who the Town is hiring to form a committee of local citizens and developers; the
contract calls for public input and Town input. Supervisor Tupper stated that the Board would
be moving forward with CHA's contract tonight, and recommended the Board postpone any
decision on the zone change until the Board receives information back from CHA.
Councilman Rocco questioned if Mr. Reeners currently owned the parcel. Mr. Reeners
indicated that the property was under contract.
Councilman Rocco questioned whether the study involving the City and Village of
Homer would be involved. Supervisor Tupper clarified that the joint effort was for the Route 11
Study. This study with CHA was strictly to take a look at the Town's zoning and planning and
to review the Town's 2002 corridor. Supervisor stated that the Town needs to see where the
future expansion for commercial and residential will be, looking at the zoning map for the entire
Town.
Councilman Rocco questioned whether there was a deadline for CHA's study to be
complete. Councilman Testa indicated that a meeting would be held Monday, March 11, 2013
with CHA. He stated that a group of people from the community were already selected to take
part in the study. Supervisor Tupper stated that CHA anticipated a 4-5 month process from the
notice to proceed to a final land use plan, which he suspected was the minimum amount of time.
RESOLUTION #61-A RESOLUTION TO NOT CONSIDER ZONE CHANGE
REQUEST OF JAMES AND MICHAEL REENERS UNTIL THE
STUDY BY CLOUGH HARBOUR & ASSOCIATES IS
COMPLETE FOR AN UPDATE TO THE TOWN OF
CORTLANDVILLE'S LAND USE & AQUIFER PROTECTION
PLAN
Motion by Councilman Proud
Seconded by Councilman Rocco
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby adopt a resolution to not consider the Zone
Change Request of James and Michael Reeners, for a proposed new zoning district Residential
R-4, for property located off of Kinney Gulf Road, tax map #86.09-01-21.000, and Route 281,
tax map #86.09-01-22.200, until such time as the study by Clough Harbour & Associates is
complete for an update to the Town of Cortlandville's Land Use & Aquifer Protection Plan.
Councilman Proud made a motion, seconded by Councilman Testa, to receive and file
correspondence from Amy Bauer, presented March 6, 2013, regarding the proposed zone change
request of James and Michael Reeners, for property located off of Kinney Gulf Road, tax map
#86.09-01-29.000, and Route 281, tax map #86.09-01-22.200. All voting aye, the motion was
carried.
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MARCH 06, 2013 TOWN BOARD MEETING PAGE 4
Councilman Testa made a motion, seconded by Councilman Proud, to receive and file the
Town of Cortlandville's Full Application to the USDA — Rural Development, for the Route 13
Sewer Project, dated February 26, 2013, as prepared by Fiscal Advisors & Marketing, Inc. on
behalf of the Town. All voting aye the motion was carried.
Town Clerk Snyder requested the Board accept the Annual Report of the Supervisor for
2012, which was filed with her, and which she provided the Board with copies of. Supervisor
Tupper mentioned that the Annual Report was not due until April lst, however the USDA
required that it be filed.
RESOLUTION #62 ACCEPT ANNUAL REPORT OF THE SUPERVISOR
Motion by Councilman Testa
Seconded by Councilman Rocco
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Annual Report of the Supervisor for the year 2012 is hereby accepted,
and shall be received and filed.
Supervisor Tupper mentioned that another requirement made by the USDA was that the
Town register on the federal website called SAM (System for Award Management). He thanked
Town Clerk Snyder for her efforts and for spending the day registering online with the federal
website. Town Clerk Snyder explained the new method of reporting electronically with SAM.
Attorney Folmer reported:
Attorney Folmer acknowledged Mrs. Whiting, a retired teacher from Homer in
attendance.
Repeal New York Secure Ammunition & Firearms Enforcement Act of 2013:
Attorney Folmer recalled that the Board recently adopted a resolution regarding the New
York Secure Ammunition & Firearms Enforcement Act of 2013. In the resolution, the Board
drew a conclusion and resolved that they were opposed to any further infringements upon the
right of the people to bear arms under the Second Amendment of the Constitution. Since that
time, there have been numerous resolutions adopted by various governing bodies, including the
Cortland County Legislature, calling for the repeal of the New York Secure Ammunition &
Firearms Enforcement Act on the grounds that it does infringe upon a persons constitutional
rights.
Attorney Folmer suggested the Board rescind the earlier motion, and to adopt the same
language dealing with the repeal of the law rather than merely the suggestion of infringement.
Supervisor Tupper mentioned that the Board had already seen the proposed resolution. Attorney
Folmer read the last paragraph of the resolution aloud. Supervisor Tupper added that the
resolution would be sent to all of the Town's elected representatives, including Senator Seward,
Congressman Hanna, Governor Cuomo, Assemblywoman Lifton, Assemblyman Kolb, and
Assemblyman Finch.
RESOLUTION 463 RESCIND RESOLUTION #44 OF 2013 ADOPTED FEBRUARY
6, 2013 — "ADOPT RESOLUTION OPPOSING THE
ENACTMENT OF ANY LEGISLATION THAT WOULD
FURTHER INFRINGE UPON THE RIGHT OF THE PEOPLE
TO KEEP AND BEAR ARMS"
Motion by Councilman Rocco
Seconded by Councilman Proud
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby rescind Resolution #44 of 2013 adopted
February 6, 2013 - "Adopt Resolution Opposing the Enactment of Any Legislation That Would
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Further Infringe Upon the Right of the People to Keep and Bear Arms.
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MARCH 06, 2013 TOWN BOARD MEETING PAGE 5
RESOLUTION #64 ADOPT RESOLUTION CALLING FOR THE REPEAL OF THE
NEW YORK SECURE AMMUNITION AND FIREARMS
ENFORCEMENT ACT OF 2013
Motion by Councilman Rocco
Seconded by Councilman Proud
VOTES: ALL AYE ADOPTED
WHEREAS, the Right of the People to Keep and Bear Arms is guaranteed as an Individual Right
under the Second Amendment to the United States Constitution and under the Constitution of the
State of New York, and;
WHEREAS, the Right of the People to Keep and Bear Arms for defense of Life, Liberty, and
Property is regarded as an Inalienable Right by the People of the Town of Cortlandville, New
York, and;
WHEREAS, the People of the Town of Cortlandville, New York, derive economic benefit and
recreation from all safe forms of firearms conducted within the Town of Cortlandville using all
types of firearms allowable under the United States Constitution and the Constitution of the State
of New York, and;
WHEREAS, the Town of Cortlandville Board, being elected to represent the People of the Town
of Cortlandville and being duly sworn by their Oath of Office to uphold the United States
Constitution and the Constitution of the State of New York, and;
WHEREAS, the New York Assembly and the New York Senate, being elected by the People of
the State of New York and being duly sworn by their Oath of Office to uphold the United States
Constitution and the Constitution of the State of New York, and;
WHEREAS, the legislation passed by the New York State Legislature and signed by the
Governor on January 15 infringes upon the Right to Keep and Bear Arms and bans the
possession and use of firearms now employed by individual citizens of the Town of
Cortlandville, New York, for defense of Life, Liberty and Property and bans the possession and
use of firearms now legally owned for safe forms of firearms conducted within the Town of
Cortlandville, New York;
NOW, THEREFORE, BE IT HEREBY RESOLVED that the Town of Cortlandville's Town
Board, hereby calls for the repeal of the New York Secure Ammunition and Firearms
Enforcement Act of 2013 and declares that such legislation infringes upon the Right of the
People to keep and bear arms, thereby considers such an act an over reach of legislative authority
and is unconstitutional.
Draft Local Law — Wind Energy Facilities:
Attorney Folmer reported that the Town Planning Board prepared its comments with
regard to the Town's Draft Local Law for Wind Energy Facilities. The Planning Board
considered the draft Local Law, and each of the members of the Planning Board prepared an
individual report. Attorney Folmer presented Town Clerk Snyder with the folder of reports,
which also included information used by the Planning Board in writing their report. He asked
that the Board receive and file the report, and presented each of the Board Members with copies
of the reports along with additional information provided at Chairperson Wickwire's request
from Victor Siegel and Mike Barylski.
Supervisor Tupper thanked the Town Planning Board for their efforts as they spent a
considerable amount of time preparing their report.
Councilman Proud made a motion, seconded by Councilman Leach, to receive and file
the comments and report from the Cortlandville Town Planning Board, received March 6, 2013,
regarding the proposed Draft Local Law for the Town of Cortlandville, Wind Energy Facilities.
All voting aye, the motion was carried.
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MARCH 06, 2013 TOWN BOARD MEETING PAGE 6
There was a brief discussion regarding the Summary of Groundwater Monitoring for
Walmart as reported by the Cortland County Soil and Water Conservation District. Supervisor
Tupper explained that Walmart has had no negative effect on the groundwater, which would
continue to be monitored.
Councilman Proud pointed out that the letter suggested the Town require Walmart to
continue quarterly review of the groundwater monitoring for at least another year, which he
agreed with. Councilman Proud stated that the quarterly reports give the Town a better basis for
information to look back on. He suggested that if the reports come back clear for the next year,
that perhaps the Board could reduce the frequency of the groundwater monitoring to annually.
Supervisor Tupper recalled that the groundwater monitoring was a 5-year plan; quarterly
for 2 and then annually for 3, with an opportunity for the Planning Board to decide if it should be
continued. Attorney Folmer suggested that the Town Planning Board receive a copy of the
report, as they were instrumental in establishing the fact that the monitoring systems would be
done. Supervisor Tupper would have his secretary forward a copy of the report to the Town
Planning Board.
Councilman Proud made a motion, seconded by Councilman Leach, to receive and file
the 2011-2012 Summary of Groundwater Monitoring for Walmart, NYS Route 13, from the
Cortland County Soil and Water Conservation District, dated February 2013. All voting aye, the
motion was carried.
There was discussion regarding correspondence from NBT Bank regarding the
conversion of the Town's bank accounts from Alliance Bank to NBT Bank. Supervisor Tupper
indicated that he would be meeting with a representative from NBT Bank after the merger was
complete. He anticipated no change in the Town's service from the bank. Councilman Rocco
questioned whether the Town needed to officially add NBT to the list of banks it does business
with. Councilman Leach recalled that the Board added language "Alliance Bank or its
successor" to the resolution regarding the Town's depositories at the beginning of the year.
Attorney Folmer would verify that the language was added.
Councilman Leach made a motion, seconded by Councilman Proud, to receive and file
correspondence from NBT Bank, dated February 15, 2013, regarding the conversion of the
Town's bank accounts from Alliance Bank to NBT Bank. All voting aye, the motion was
carried.
There was discussion regarding correspondence from the City of Cortland Wastewater
Treatment Plant notifying the Town of the City of Cortland's intent to be Lead Agency for the
"Cortland Wastewater Treatment Plant Upgrades Project". Supervisor Tupper questioned
whether the Town had to officially respond that it was not interested in being Lead Agency.
Attorney Folmer indicated that the Town could notify the City but was not required to. There
was a 30-day period of time for responses to be made. Councilman Leach pointed out that City
would turn the bio-gas from the proposed Byrne Dairy Facility into electricity, which he was
impressed with.
Councilman Proud made a motion, seconded by Councilman Leach, to receive and file
correspondence from the City of Cortland Wastewater Treatment Plant, dated February 20, 2013,
regarding the City of Cortland acting as Lead Agency for the "Cortland Wastewater Treatment
Plant Upgrades Projet". All voting aye, the motion was carried.
Councilman Leach made a motion, seconded by Councilman Proud, to receive and file
correspondence from the New York State Environmental Facilities Corporation, dated February
22, 2013, regarding the Town's application funding for the NYS Route 13 Sewer Project. All
voting aye, the motion was carried.
RESOLUTION #65 DECLARE THE MONTH OF APRIL AS FAIR HOUSING
MONTH IN THE TOWN OF CORTLANDVILLE
Motion by Councilman Rocco
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
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MARCH 06, 2013 TOWN BOARD MEETING PAGE 7
WHEREAS, in accordance with the Title VIII Fair Housing Policy of the Civil Rights Act of
1968 and the Fair Housing Amendments Act of 1988, and
WHEREAS, the month of April 2013 has been designated by the US Department of Housing and
Urban Development's Office of Fair Housing and Equal Opportunity as Fair Housing Month,
now therefore
BE IT RESOLVED, the Town Board of the Town of Cortlandville hereby declares and
proclaims the month of April as Fair Housing Month in the Town.
RESOLUTION #66 AUTHORIZE APPROVAL REQUEST OF ANDREW STILES
FOR THE 2011 COMMUNITY DEVELOPMENT BLOCK
GRANT HOUSING REHABILITATION PROGRAM
Motion by Councilman Leach
Seconded by Councilman Proud
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize the approval request of Andrew
Stiles, for property located at 4154 North Road in the Town of Cortlandville, for a 100%
deferred loan for the 2011 Community Development Block Grant Housing Rehabilitation
Program, and it is further
RESOLVED, the work to be completed would include masonry, windows & doors, interior
carpentry, roofing, electric, plumbing, siding, exterior carpentry, insulation, and other, for a total
of $27,490.00.
Councilman Leach made a motion, seconded by Councilman Testa, to receive and file
correspondence from New York State Homes & Community Renewal, dated February 25, 2013,
regarding the Town's HOME Program — Asset Management HOME LPA Monitoring
Questionnaire. All voting aye, the motion was carried.
There was discussion regarding the agreement between the Town and Clough Harbour &
Associates (CHA) to prepare an update to the Town's Land Use & Aquifer Protection Plan.
Attorney Folmer indicated that he reviewed the agreement and approved it as to form. He
pointed out that the agreement called for not only meetings of the group, but for a public
workshop where the public can comment on and propose zoning and planning changes.
RESOLUTION 967 AUTHORIZE SUPERVISOR TO SIGN AGREEMENT
BETWEEN THE TOWN AND CLOUGH HARBOUR &
ASSOCIATES (CHA) TO PREPARE AN UPDATE TO THE
TOWN OF CORTLANDVILLE'S LAND USE & AQUIFER
PROTECTION PLAN
Motion by Councilman Proud
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to sign the
agreement between the Town of Cortlandville and Clough Harbour & Associates (CHA) for the
preparation of an Updated Land Use Plan for the Town of Cortlandville, for a cost not to exceed
$25,000.00.
Supervisor Tupper requested the Board authorize him to sign a 3-year contract with
Hudson Energy to supply electricity to the Town as recommended by Troy & Banks. National
Grid would still be the provider. Supervisor Tupper explained that Troy & Banks recommended
the Town lock the price in for 3 years. The Town is currently paying $0.06/kilowatt; the new
fixed price would be $0.056/kilowatt. The Town should therefore save money on its energy bills
for the next 3 years.
MARCH 06, 2013 TOWN BOARD MEETING PAGE 8
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RESOLUTION #68 AUTHORIZE SUPERVISOR TO SIGN AGREEMENT WITH
HUDSON ENERGY SERVICES, LLC TO SUPPLY
ELECTRICITY TO THE TOWN OF CORTLANDVILLE
Motion by Councilman Leach
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to sign the
3-year a greement with Hudson Energy Services, LLC to supply electricity to the Town of
Cortlandville.
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, RM
Town Clerk
Town of Cortlandville
*Note:
The draft version of this meeting was submitted to the Town Board for their review on March 28, 2013.
The draft version of this meeting was approved as written at the Town Board meeting of April 3, 2013.
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