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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.
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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.
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DECEMBER 04, 2013
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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
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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.
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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.
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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
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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.
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