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HomeMy WebLinkAbout12-04-201351-,5 DECEMBER 04, 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 Residents: David Alexander, Joe Steinhoff, Steve Flatt; News Reporters: Steven Howe from the Cortland Standard, and Sharon Stevans from Channel 2, Access TV. Supervisor Tupper called the meeting to order. Councilman Proud made a motion, seconded by Councilman Leach, to approve the Draft Town Board Minutes of November 6, 2013 as submitted. All voting aye, the motion was carried. RESOLUTION #202 AUTHORIZE SUPERVISOR TO SIGN PURCHASE ORDER Motion by Councilman Proud Seconded by Councilman Rocco 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 #1201 submitted by Highway Sup't. Bush to be paid to STS Trailer & Truck Equipment for the purchase of a Boss YBX Spreader for the total cost of $5,470.00. There was a brief discussion regarding the Purchase Order to be paid to Kinsley Power Systems for an automatic transfer switch for the Walden Oaks Water Booster Station. Councilman Proud explained that the Booster Station is powered by an electric switch that is 20+ years old. If the power goes off, the switch automatically turns the generator on. However if the power goes off and the switch is not working properly the residents could be out of water before the Town is aware that the switch is off. The new automatic transfer switch would resolve the problem. RESOLUTION #203 AUTHORIZE SUPERVISOR TO SIGN PURCHASE ORDER 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 Purchase Order #0066 submitted by Water & Sewer Sup't. Alteri to be paid to Kinsley Power Systems for an automatic transfer switch for the Walden Oaks Water Booster Station for the total cost of $2,115.00. RESOLUTION #204 AUTHORIZE PAYMENT OF VOUCHERS — DECEMBER Motion by Councilman Leach Seconded by Councilman Proud VOTES: AYE - Tupper, Testa, Rocco, Proud, Leach NAY - 0 ADOPTED. 61 DECEMBER 04, 2013 TOWN BOARD MEETING PAGE 2 BE IT RESOLVED, the vouchers submitted have been audited and shall be paid as follows: Funds A, B, DA, DB Voucher #1143-1203 General Fund A $255,253.64 General Fund B $ 11,369.92 Highway Fund DA $ 0.00 Highway Fund DB $269,268.25 Funds CD I, CD3, CD4 Voucher #51-51 BMills Rehab CD $ 0.00 Town Wide Rehab CD3 $ 739.14 Business Devl CD4 $ 0.00 Fund HC, SS, SW Voucher #408-418 NYS Rt 13 Sewer Rehab HC $ 0.00 Sewer SS $ 30,256.11 Water SW $ 29,279.15 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 those in attendance. No requests were made. The monthly reports of the Code Enforcement Officer, Fire & Safety Inspection Report, Supervisor, Town Clerk, and the Water & Sewer Department for the month of November 2013, and for the Town Justice for the month of October 2013, were on the table for review and are filed in the Town Clerk's Office. Councilman Proud made a motion, seconded by Councilman Leach, to receive and file correspondence from Time Warner Cable, dated December 4, 2013, regarding programming services. All voting aye, the motion was carried. Town Clerk Snyder apprised the Board she completed the benefit tax computations and forwarded them to the Cortland County Real Property Tax Department to be placed on the 2014 Town and County tax bills. She reported that the benefit tax slightly increased for 2014, and explained that Assessor Briggs would compute the dollar amount per unit. Town Clerk Snyder requested the Board authorize her to forward the information to the County for placement on the 2014 Town and County tax bills. The information was available to the Board for their review. RESOLUTION #205 AUTHORIZE THE TOWN CLERK TO FORWARD THE WATER AND SEWER BENEFIT TAX COMPUTATIONS TO THE CORTLAND COUNTY REAL PROPERTY TAX DEPARTMENT FOR THE 2014 TOWN AND COUNTY TAX 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 Town Clerk to forward the water and sewer benefit tax computations to the Cortland County Real Property Tax Department to be placed on the 2014 Town and County tax bills. Town Clerk Snyder apprised the Board she attended a NYS DECALS training session today at the Ramada Inn in Cortland regarding the sale of conservation licenses. She explained that the DEC conservation software program was completely changing effective January 1, 2014. 51� DECEMBER 04, 2013 � .I► : • A D U_ 1► PAGE 3 Attorney Folmer reported: Surplus Property — Commons Avenue: Attorney Folmer recalled that the Town was successful in acquiring three parcels from the County that had been taken by the County for taxes. One of the parcels located on the north side of Commons Ave. is 78.9 ft. by 206 ft. in depth and is not big enough to be a building lot, nor is it big enough to be of any value to the Town. Attorney Folmer requested the Board adopt a resolution declaring tax map #86.09-04-01.200 as surplus property. He would then go through the process to find someone interested in acquiring it. RESOLUTION #206 DECLARE TOWN OF CORTLANDVILLE PROPERTY LOCATED ON COMMONS AVENUE AS SURPLUS PROPERTY Motion by Councilman Testa Seconded by Councilman Leach VOTES: AYE - Tupper, Testa, Rocco, Proud, Leach NAY - 0 ADOPTED BE IT RESOLVED, the Town Board does hereby declare property located on Commons Avenue owned by the Town of Cortlandville, tax map #86.09-04-01.200, as surplus property. Purchase of Property: Attorney Folmer reminded the Board they agreed to purchase three parcels of land from James and Catherine Murdock. The Town's contract with the Murdocks requires the Town to pay the purchase price of 111,000 plus recording costs. Attorney Folmer had the documentation for the transfer. The total cost for the purchase of the three parcels, which also included survey costs, was $12,666. Supervisor Tupper noted that the three parcels, and one in particular, were for flood control. RESOLUTION #207 AUTHORIZE SUPERVISOR TO EXECUTE DOCUMENTS REGARDING THE PURCHASE OF THREE PARCELS OF LAND FROM JOHN AND CATHERINE MURDOCK Motion by Councilman Rocco 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 execute documents regarding the purchase of three vacant parcels of land from John and Catherine Murdock located on Lyncort Drive, tax map #95.06-01-18.000, Katie Lane, tax map #95.06-01-23.000, and McLean Road, tax map #95.11-02-35.000, for the total cost of $12,666.00. RESOLUTION #208 ESTABLISH SCHEDULE OF TOWN BOARD MEETINGS FOR THE YEAR OF 2014 Motion by Councilman Proud Seconded by Councilman Leach VOTES: AYE - Tupper, Testa, Rocco, Proud, Leach NAY - 0 ADOPTED BE IT RESOLVED, the regular meetings of the Town Board of the Town of Cortlandville shall be held at the Raymond G. Thorpe Municipal Building, 3577 Terrace Road, Cortland, New York on the first and third Wednesday of each month at 5:00 p.m., and if such day should fall on a holiday, the meeting shall be held the next business day, and it is further 5f3", DECEMBER 04, 2013 TOWN BOARD MEETING PAGE 4 RESOLVED, the May 7, 2014 meeting will be held at the Community Building in the Village of McGraw at 5:00 p.m., the June 4, 2014 meeting will be held at the Blodgett Mills Independent Baptist Church in Blodgett Mills at 5:00 p.m., and the July 9, 2014 meeting will be held at the J.M. McDonald Center in Cortlandville at 5:00 p.m., and it is further RESOLVED, the Town Clerk shall have the meeting schedule posted in the newspaper in Legal Notice form. RESOLUTION #209 APPROVE HOLIDAY SCHEDULE 2014 Motion by Councilman Rocco Seconded by Councilman Proud VOTES: AYE - Tupper, Testa, Rocco, Proud, Leach NAY - 0 ADOPTED BE IT RESOLVED, the Following Holiday Schedule for the year 2014 is hereby approved as follows: New Year's Day Wednesday January 01, 2014 Martin Luther King Jr. Day Monday January 20, 2014 President's Day Monday February 17, 2014 Good Friday Friday April 18, 2014 Memorial Day Monday May 26, 2014 Independence Day Friday July 04, 2014 Labor Day Monday September 01, 2014 Columbus Day Monday October 13, 2014 Election Day Tuesday November 04, 2014 Veterans Day Tuesday November 11, 2014 Thanksgiving Day Thursday Friday November 27, 2014 November 28, 2014 Christmas Eve Wednesday December 24, 2014 Christmas Thursday December 25, 2014 New Year's Eve Wednesday December 31, 2014 There was a brief discussion regarding the relevy of delinquent water and sewer accounts to the 2014 tax roll of the Town. Town Clerk Snyder indicated that the outstanding amount to be relevied was approximately $75,000. Although the dollar amount was higher than what was relevied in 2013, she noted that one customer had a $22,000+/- delinquent account. Town Clerk Snyder would accept payments until the County's cutoff date (December 6, 2013) in which no changes could be made to the Town's 2014 tax file. RESOLUTION 4210 AUTHORIZATION TO RELEVY DELINQUENT WATER AND SEWER ACCOUNTS TO THE 2014 TAX ROLL OF THE TOWN Motion by Councilman Leach Seconded by Councilman Proud VOTES: AYE - Tupper, Testa, Rocco, Proud, Leach NAY - 0 ADOPTED WHEREAS, the list of delinquent accounts of the Water & Sewer Department of the Town was submitted, as required, therefore BE IT RESOLVED, the Town Board does hereby receive and file and forward the list of delinquent water and sewer accounts of the Town of Cortlandville to the Cortland County Real Property Tax Office, to be relevied onto the 2014 tax roll of the Town. 519 DECEMBER 04, 2013 TOWN BOARD MEETING PAGE 5 RESOLUTION #211 AUTHORIZATION TO FILE AN APPLICATION FOR FUNDS TO THE NEW YORK STATE OFFICE OF COMMUNITY RENEWAL Motion by Councilman Leach Seconded by Councilman Proud VOTES: AYE - Tupper, Testa, Rocco, Proud, Leach NAY - 0 ADOPTED BE IT RESOLVED, that the Town Supervisor of the Town of Cortlandville is hereby authorized and directed to file an application for funds from the New York State Office of Community Renewal through its Community Development Block Grant Program 2013, and be it further RESOLVED, upon approval of said request the Supervisor is hereby authorized and directed to enter into and execute a project agreement with the State for such financial assistance to the Town of Cortlandville for the Cortlandville Town -wide Owner -Occupied Rehabilitation Program II. There was a brief discussion regarding the Aquifer Protection Permit application submitted by Clearmedio, LLC for property located on Route 13. Attorney Folmer apprised the Board that in order to accomplish the construction, the applicant must obtain a use variance from the Cortlandville Zoning Board of Appeals. The matter was on the ZBA's December meeting agenda. He explained that the application was going to the ZBA first because if the application for a variance is denied then further action would be unnecessary. If the application is granted then the next steps would follow. Attorney Folmer directed the Board to receive and file the application at this time. Councilman Proud made a motion, seconded by Councilman Leach, to receive and file the Aquifer Protection Permit application submitted by Clearmedio, LLC for property located on the east side of NYS Route 13, immediately north of the NYS Route 13/South Cortland Virgil Road intersection, tax map #105.08-01-14.000, to construct a 3,184 sq. ft. convenience store with a fast food franchise and drive thru, and a gasoline/diesel fueling station. All voting aye, the motion was carried. With regard to the review and recommendations from the Cortland County Planning Department and the Cortland County Planning Board, Attorney Folmer explained that the County Planning Board tabled the applications for an Aquifer Protection Permit, Conditional Permit, and Variance until certain studies are accomplished by the applicant. He explained that one of the reasons the applicant would go to the ZBA first was because it would be expensive for the applicant to comply with requirements set forth by the County. Attorney Folmer and Planning and Zoning Officer Bruce Weber suggested the applicant go to the ZBA first before spending money to satisfy the requirements. Councilman Proud made a motion, seconded by Councilman Leach, to receive and file correspondence from the Cortland County Planning Department to the Cortland County Planning Board, dated November 15, 2013, regarding the review and recommendations for the Aquifer Protection Permit application submitted by Clearmedio, LLC, for property located on Route 13, tax map #105.08-01-14.000. All voting aye, the motion was carried. Councilman Proud made a motion, seconded by Councilman Leach, to receive and file Resolution 13-37 from the Cortland County Planning Board, dated November 20, 2013, regarding the review and recommendations for an Aquifer Protection Permit application submitted by Clearmedio, LLC, for property located on Route 13, tax map #105.08-01-14.000. All voting aye, the motion was carried. 50R0 DECEMBER 04, 2013 TOWN BOARD MEETING RESOLUTION #212 AUTHORIZE SUPERVISOR TO SIGN THE AFFIDAVIT REGARDING THE TOWN'S 2011 COMMUNITY DEVELOPMENT BLOCK GRANT HOUSING REHABILITATION PROGRAM BETWEEN THE TOWN AND DIANE M. IRWIN, TRUSTEE OF REINHARDT C. EICHENAUER AND DOROTHY L. EICHENAUER TRUST 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 the Supervisor to sign the Affidavit regarding the Town's 2011 Community Development Housing Rehabilitation Program, between the Town of Cortlandville and Diane M. Irwin, as Trustee of Reinhardt C. Eichenauer and Dorothy L. Eichenauer Trust, 3908 Route 11, Cortland, New York regarding the extension of loan funds by the Town's CDBG Program for the total amount of $1,130.00. There was a brief discussion regarding the resignation from Elizabeth Classen Ambrose as a Town Planning Board Member. Supervisor Tupper noted that Mrs. Ambrose was relocating to Ithaca and therefore could no longer serve on the Board. He thanked her for her years of service to the Town. RESOLUTION #213 ACCEPT RESIGNATION FROM ELIZABETH CLASSEN AMBROSE AS A TOWN PLANNING BOARD MEMBER EFFECTIVE DECEMBER 4, 2013 Motion by Councilman Proud Seconded by Councilman Testa VOTES: AYE - Tupper, Testa, Rocco, Proud, Leach NAY - 0 ADOPTED BE IT RESOLVED, the Town Board does hereby accept the letter of resignation from Elizabeth Classen Ambrose as a Town Planning Board member, with deep regret, to be effective December 4, 2013, and shall be received and filed. There was discussion regarding the appointment of a new Planning Board Member to fill the vacated term of Elizabeth Classen Ambrose. Supervisor Tupper requested that John A. Delvecchio, Esq. be appointed to the Cortlandville Planning Board. RESOLUTION #214 APPOINT JOHN A. DELVECCHIO TO THE CORTLANDVILLE TOWN PLANNING BOARD Motion by Councilman Rocco Seconded by Councilman Testa VOTES: AYE - Tupper, Testa, Rocco, Proud, Leach NAY - 0 ADOPTED BE IT RESOLVED, the Town Board does hereby appoint John A. Delvecchio, of 4360 Meadow Lane, Cortland, New York to the Cortlandville Town Planning Board, commencing December 4, 2013 and shall expire December 31, 2015. There was a discussion regarding the resignation of Town Zoning Board of Appeals Member David C. Alexander, effective December 31, 2013. Supervisor Tupper explained that Mr. Alexander would be taking office as the second Town Justice on January 1, 2014 and would no longer be able to serve as a ZBA Member. Attorney Folmer suggested the Board accept the resignation with sincere regret. He explained that in Mr. Alexander's short term on the ZBA, he converted the ZBA to a board that has "clear-cut definitive idea" of what the procedural requirements are and how they should be accomplished. DECEMBER 04, 2013 TOWN BOARD MEETING PAGE 7 sa I RESOLUTION #215 ACCEPT RESIGNATION FROM DAVID C. ALEXANDER AS A TOWN ZONING BOARD OF APPEALS MEMBER EFFECTIVE DECEMBER 31, 2013 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 accept the letter of resignation from David C. Alexander as a Town Zoning Board of Appeals Member, with their sincere regret, to be effective December 31, 2013, and shall be received and filed. 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 5:20 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 December 13, 2013. The draft version of this meeting was approved as written at the Town Board meeting of December 18, 2013. 1