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HomeMy WebLinkAbout01-18-201210 JANUARY 18, 2012 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, Susan Briggs; Barb Leach; and Steve Flatt. Supervisor Tupper called the meeting to order. The Draft Town Board Minutes of December 21, 2011 were submitted to the Board for their review, and would be added to the February 1, 2012 Town Board Agenda for approval. Supervisor Tupper mentioned there was a purchase order for Cargill Salt in the amount of $13,000 attached to a voucher. Councilman Leach questioned whether a purchase order was necessary since the salt was purchased from the state bid. Supervisor Tupper stated it was for the Board's information only. RESOLUTION #21 AUTHORIZE PAYMENT OF VOUCHERS - JANUARY Motion by Councilman Proud Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED BE IT RESOLVED, the vouchers submitted have been audited and shall be paid as follows: General Fund A Vouchers #21 - 55 $ 30,636.40 General Fund B B3 - 137 $ 2,351.38 Highway Fund DB D6 - D23 $ 27,558.47 Water Fund W8 - W24 $267,578.00 Sewer Fund S4 - S12 $194,011.11 Supervisor Tupper offered privilege of the floor to those in attendance. No requests were made. Councilman Rocco apprised the Board he received numerous positive comments regarding the new traffic signal at the intersection of NYS Route 222. and Fairview Drive/Highland Road. He anticipated that a traffic signal would be necessary at the intersection of McLean Road and Fairview Drive in the near future. Supervisor Tupper thanked County Legislator Susan Briggs for her assistance, and mentioned that he spoke with Senator Seward recently regarding the new traffic signal. Senator Seward indicated that he had never had so many people thank him for a traffic signal as he did with this particular one. Councilman Rocco reported that he audited the Town Justice's records and found everything to be in order. Councilman Proud reported that he audited the records for the Highway Department and Water & Sewer Department and also found everything to be in order. Councilman Testa and Councilman Leach had not yet conducted an audit of their designated departments at this time. The monthly reports of the Town Justice and Supervisor for the month of December 2011 were on the table for review and are filed in the Town Clerk's office. 11 JANUARY 18, 2012 TOWN BOARD MEETING PAGE 2 RESOLUTION #22 ACCEPT ANNUAL REPORT OF THE TOWN CLERK Motion by Councilman Leach Seconded by Councilman Proud VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Annual Report of the Town Clerk for the year 2011 is hereby accepted, and shall be received and filed. Town Clerk Snyder referred to her annual report and pointed out that the Town generated over $12,800 in dog licensing fees in 2011, which increased significantly since the State was no longer involved in the licensing process. Supervisor Tupper questioned Town Clerk Snyder how the tax collection season was going. Town Clerk Snyder indicated that the collection of taxes was similar to 2011, except for the fact that she had a new computer software program for tax collection from Systems East, which was creating some problems. She explained some of her concerns regarding the new software program, which included the elimination of the accounting function of the program. Town Clerk Snyder could no longer use the computer program to account for things such as pay outs to the Supervisor or County Treasurer, or bank interest earned, which she is required to report to the Board. Councilman Rocco questioned whether Supervisor Tupper received any communications indicating that the County Legislature was going to use eminent domain to take properties for the airport. He also questioned whether Supervisor Tupper thought it was odd that the County did not notify him that properties/residences within the Town would be taken by eminent domain. Supervisor Tupper did not receive such a communication, however he informed Councilman Rocco that the Town CEO issued a demolition permit for the properties, and that a permit fee was received from the County for the demolition. Supervisor Tupper explained that the County purchased the property on the open market. Councilman Rocco indicated that there was an issue regarding air rights and the height of the trees. He stated that he would like to see more cooperation and courtesy from the County Legislature in terms of notification to the Town. Even though the County can do what it wants, the County should notify the Town Supervisor with regard to what it is doing within the Town. County Legislator, Susan Briggs apprised the Board it was brought up to the County Highway Committee that one of the many individuals involved in the buyout for the expansion of the airport was holding out on the purchase price of his property. She agreed with Councilman Rocco that there was an issue of air rights rather than land rights. Legislator Briggs spoke with the property owner involved and indicated that he is willing to sell his property, but that he and the County cannot come to terms on the purchase price. Therefore, the County took the position that it would proceed with eminent domain on the property, and that a judge would decide the value of the property. Councilman Rocco stated that the property is in the Town of Cortlandville, and that the property owner is a citizen of the Town of Cortlandville. He felt strongly that the Town Supervisor should receive notice from the County Attorney, rather than finding out from the Town CEO after a demolition permit was issued. Councilman Rocco stated he was just looking for some consideration. Legislator Briggs suggested the Board ask the Supervisor to write a letter to the County Attorney. Councilman Rocco questioned whether Supervisor Tupper would be willing to write a letter to the County Attorney asking for notification on anything that affects the citizens of the Town of Cortlandville, such as eminent domain. Attorney Folmer stated it was appropriate for the Town to ask for notice of condemnation, eminent domain, and activities of a similar nature, but to make the letter say any activities affecting the citizens of the Town of Cortlandville was not possible. Attorney Folmer apprised the Board that the County is required under the condemnation law to give notice to certain entities and the Town does not happen to be one of them. The Town could ask the County to notify the Town as a matter of courtesy. Supervisor Tupper stated he 'would send the County a letter indicating such. Councilman Proud asked for clarification that the Town would just: be asking for notification, and not involvement. Councilman Rocco stated he was just interested in notification. Attorney Folmer stated that if a citizen were to call a member of the Board asking why something was happening within the Town it would be nice if the member had some knowledge regarding the matter in question. Councilman Rocco agreed and asked Supervisor Tupper to mention such in his letter. 1.2- JANUARY 18, 2012 TOWN BOARD MEETING PAGE 3 Attorney Folmer reported: Cortland County IDA — Fingerlakes East Business Park: Attorney Folmer apprised the Board that he and Highway Sup't. Bush received a letter from the Cortland County IDA, dated January 10, 2012 concerning the roadway of the Fingerlakes East Business Park. The IDA advised the Town that according to their engineers the work that needed to be done to correct the punch list items has been done. Highway Sup't. Bush agreed that the punch list items were corrected in a satisfactory manner, but he had a few questions regarding the legal description of the deed conveying the road to the Town. Attorney Folmer would review the legal description. He anticipated that the Board would be able to accept the road dedication at their first meeting in February. There was discussion about whether or not the Highway Department would have to start plowing the roadway once the road is dedicated. Highway Sup't. Bush indicated that the roadway would have to be plowed and that public notice would have to be given. He also mentioned that prospective purchasers of the lots may need access. Councilman Leach noted that he spoke with Water & Sewer Sup't. Alteri, who mentioned that the Water Department would need access to the road to empty the waterlines on occasion because the lines were not being used. Councilman Proud commented on another issue to consider, which was that Water & Sewer Sup't. Alteri was planning to run a camera through the sewer line to be sure there was not a problem with the sewer line. Attorney Folmer apprised the Board that Adhan Piping has a bond in place that will expire in September 2012. Attorney Folmer and Highway Sup't. Bush briefly discussed the bond prior to the meeting and suggested that the bond be extended one year from the date of the Town's acceptance. Therefore, the bond would be in place in the event that there was a problem with the sewer line. New York State Bar Association Journal Article: Attorney Folmer presented the Board with a copy of an article in support of hydrofracking from the NYS Bar Association Journal. Attorney Folmer provided the Board with an article from the Journal opposing the practice of hydrofracking at a previous meeting. Supervisor Tupper offered privilege of the floor to County Legislator, Susan Briggs. Legislator Briggs updated the Board on a few issues happening around the Town that were resolved at the County level. The first issue was regard to the removal of debris in the County's right-of-way on Kinney Gulf Road. The caretaker of the property cooperated and removed the debris and vehicles, which was causing problems with children getting on and off of the school bus. Also, several neighbors made complaints regarding the property. Attorney Folmer thanked Legislator Briggs and the County Highway Department for resolving the problem. Legislator Briggs reported that there was a drainage issue on Lighthouse Hill Road which was causing flooding. She and County Highway Sup't. Don Chambers met with the property owners involved, and the County Highway Department cleaned out the drainage ditches. Although the problem was not completely resolved it was much better. The property owner who was most greatly affected must put a culvert in, which he was not prepared to do at this time. The highway department would complete the work, but the property owner must pay for the material. Legislator Briggs thanked Senator Seward and the entire Town Board for their work on the new traffic light at the intersection of NYS Route 222 and Fairview Drive/Highland Road, which was a very dangerous intersection. Legislator Briggs brought up an issue that Councilman Rocco mentioned in the past with regard to the need for additional street lights on Route 222. She received phone calls from property owners on Westvale Drive complaining that the highway was very dark near their neighborhood making it dangerous, and that additional street lights were needed. Supervisor Tupper informed Legislator Briggs that there are no poles or underground wiring in the area, however, Highway Sup't. Bush was already researching the cost of adding the requested street lights. Finally, Legislator Briggs apprised the Board that the County adopted a resolution in opposition to Article 10 of the Power of NY Act of Public Service Law. The County was asking the State for home rule authority with regard to hydrofracking. 1 1 1 13 JANUARY 18, 2012 TOWN BOARD MEETING PAGE 4 Councilman Rocco mentioned that Legislator Briggs and Legislator John Troy were removed from the County Highway Committee, and also mentioned that Legislator Briggs is now the Majority Leader of the County Legislature. RESOLUTION 423 APPOINT DELEGATE AND ALTERNATE TO VOTE AT THE ASSOCIATION OF TOWNS ANNUAL MEETING Motion by Councilman Testa Seconded by Councilman Leach VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board hereby appoints Town Supervisor, Richard Tupper as Delegate, and Town Clerk, Karen Q. Snyder as Alternate, to represent the Town of Cortlandville at the Association of Towns Annual Meeting, to be held in New York City February 19-22, 2012. RESOLUTION #24 ADOPT THE FAIR HOUSING PLAN AND DESIGNATE THE CODE ENFORCEMENT OFFICER TO ACT AS FAIR HOUSING OFFICER FOR THE TOWN OF CORTLANDVILLE Motion by Councilman Proud Seconded by Councilman Leach VOTES: ALL AYE ADOPTED WHEREAS, the Town of Cortlandville is committed to the provision of equal access and equal housing opportunities for all its residents, and WHEREAS, discrimination in the sale, rental or financing of dwellings on the basis of race, color, religion, sex, national origin, handicap, or familial status is prohibited by the federal Fair Housing Law of Title VIII of the 1968 Civil Rights Act and the Fair Housing Amendment Act of 1988, and WHEREAS, the Town of Cortlandville wishes to further Fair Housing in the Town, and WHEREAS, the Town of Cortlandville has been operating pursuant to a Fair Housing Plan, which is filed with the Town Clerk, now therefore BE IT RESOLVED, that the Town of Cortlandville does hereby adopt the filed Fair Housing Plan by resolution and does designate the Code Enforcement Officer to act as Fair Housing Officer for the Town of Cortlandville, to carry out the activities of the filed Plan, and deal with complaints related to the issue of Fair Housing in the Town. RESOLUTION #25 AUTHORIZE SUPERVISOR TO UTILIZE THE SERVICES OF JOSEPH H. DURING, CPA TO ADVISE ON THE TOWN OF CORTLANDVILLE'S 1099 FORMS Motion by Councilman Rocco Seconded by Councilman Leach VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to utilize the services of Joseph H. During, CPA to advise him on the Town of Cortlandville's 1099 forms. Councilman Proud made a motion, seconded by Councilman Rocco, to receive and file the Material Events Notification from Fiscal Advisors & Marketing, Inc., dated December 6, 2011. All voting aye, the motion was carried. 1q JANUARY 18, 2012 TOWN BOARD MEETING PAGE 5 RESOLUTION #26 RESOLUTION IN SUPPORT OF THE CORTLAND COUNTY LEGISLATURE'S RESOLUTION NO. 318-11, "RESOLUTION IN OPPOSITION TO ARTICLE 10 OF THE POWER OF NY ACT OF PUBLIC SERVICE LAW" Motion by Councilman Proud Seconded by Councilman Leach VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town of Cortlandville Town Board does hereby support the Cortland County Legislature's Resolution No. 318-11, "Resolution in Opposition to Article 10 of the Power of NY Act of Public Service Law", and it is further RESOLVED, that the Town Clerk of the Town of Cortlandville is hereby directed to forward a copy of this Resolution to the Cortland County Legislature, State Senator James Seward, and Assemblywoman Barbara Lifton. RESOLUTION #27 APPOINT DAVID C. ALEXANDER TO THE CORTLANDVILLE ZONING BOARD OF APPEALS Motion by Councilman Rocco Seconded by Councilman Leach VOTES: ALL AYE ADOPTED WHEREAS, due to the resignation of Zoning Board of Appeals Member Kevin L. Whitney, there is a vacancy, and WHEREAS, a list of perspective applicants have been reviewed by the Town Board, therefore BE IT RESOLVED, the Town Board does hereby appoint David C. Alexander of 3727 Westvale Drive, Cortland, New York to the Cortlandville Zoning Board of Appeals, effective January 01, 2012 and shall expire December 31, 2015. No further comments or discussion were heard. Councilman Rocco made a motion, seconded by Councilman Testa, to adjourn the Regular Meeting. All voting aye, the motion was carried. The meeting was adjourned at 5:35 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 2, 2012. The draft version of this meeting was approved as written at the Town Board meeting of March 7, 2012.