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HomeMy WebLinkAbout02-15-201223 FEBRUARY 15, 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 i Town Clerk, Karen Q. Snyder, RMC Others present were: Town Attorney, John Folmer; Highway Sup't. Carl Bush; County Legislator, Susan Briggs; Barb Leach; Steve Flatt; News Reporters: Matthew Nojiri from the Cortland Standard, 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 December 28, 2011 as submitted. All voting aye, the motion was carried. Councilman Leach made a motion, seconded by Councilman Proud, to receive and file the Cortlandville Zoning Board of Appeals Minutes of January 31, 2012. All voting aye, the motion was carried. Councilman Leach made a motion, seconded by Councilman Proud, to receive and file the Cortlandville Planning Board Minutes of January 31, 2012. All voting aye, the motion was carried. RESOLUTION #34 AUTHORIZE SUPERVISOR TO SIGN PURCHASE ORDER #0093 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 #0093 submitted by Water & Sewer Sup't. Alteri to be paid to Modular Mechanical Service for the repair of the Florida Water to Water Heat Pump in the Raymond G. Thorpe Municipal Building, for the total cost of $15,290.00. RESOLUTION #35 AUTHORIZE PAYMENT OF VOUCHERS — FEBRUARY Motion by Councilman Rocco Seconded by Councilman Leach VOTES: ALL AYE ADOPTED BE IT RESOLVED, the vouchers submitted have,been audited and shall be paid as follows: General Fund A General Fund B Vouchers #79 - 122 B 11 - B 16 $ 22,429.04 $ 803.07 Highway Fund DB D40 - D57 $ 66,769.41 Water Fund W35 - W51 $ 60,574.80 Sewer Fund S 17 - S25 $100,853.02 Supervisor Tupper offered privilege of the floor to those in attendance. No requests were made. Councilman Testa reported that he audited the Town Clerk and Tax Collection records and found everything to be in order. He asked Town Clerk Snyder to report on tax collection. Zy FEBRUARY 15, 2012 TOWN BOARD MEETING PAGE 2 Town Clerk/Tax Collector Snyder reported that approximately 200 property owners took advantage of the new partial payment program, including both business and residential property owners. She explained how a taxpayer could participate in the partial payment program, and the payment due dates. She would report back to the Board at a later date with regard to the level of participation in; other municipalities. The monthly reports of the Town Clerk, Town Justice, and the Supervisor for the month of January 2012 were on the table for review and are filed in the Town Clerk's office. RESOLUTION #36 ACCEPT ANNUAL REPORT OF THE LAMONT MEMORIAL FREE LIBRARY FOR THE YEAR 2011 Motion by Councilman Proud Seconded by Councilman Leach VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Annual Report of the Lamont Memorial Free Library for the year 2011 is hereby accepted and shall be received and filed. Under communications, Supervisor Tupper apprised the Board he received a thank you note from Jack and Pat Harvey, to thank the Board for recognizing Jack's 30 years of service to the Cortlandville Fire Department. The Board received another thank you note from Sandy Brown, Linda Falter, Fran and Greg Gysel, and Avis and Richard Gysel who live in the Highland Road area thanking the Board for their support in the procurement of a traffic signal at the intersection of Route 222 and Fairview Drive/Highland Road. Councilman Rocco asked Highway Sup't. Bush to put stone down on the shoulder of the road at the intersection of Fairview Drive and Route 222. He explained that many people turn right on red at the street light, and go off the shoulder of the road, which was in need of some fill. Highway Sup't. Bush would look into Councilman Rocco's concern. 1 Town Clerk Snyder apprised the Board she received notification from the Cortland Country Club regarding the renewal application for its alcoholic beverage license. Councilman Proud made a motion, seconded by Councilman Testa, to receive and file correspondence dated February 8, 2012, and the Renewal Application Notice dated February 15, 2012 from Donna Deering, Business Manager, regarding the renewal of the liquor license for the Cortland Country Club, located at 4514 Route 281 in the Town of Cortlandville. All voting aye, the motion was carried. Attorney Folmer reported: Survey for Conveyance of Property: Attorney Folmer apprised the Board he met with the Dan Ross who was preparing the survey for the Town's property located at the corner of Route 13 and the entranceway to Wal- Mart Supercenter. Attorney Folmer also spoke with Highway Sup't. Bush with regard to the conveyance and would communicate the information to Mr. Ross so he could prepare the survey. Zoning Violation: Attorney Folmer commented on a longstanding zoning violation involving property on Lansing Avenue. The property owner would be applying for a building permit to construct a building for the storage of vehicles. Attorney Folmer anticipated the zoning violation would be disposed of once the building was constructed. Zs FEBRUARY 15, 2012 TOWN BOARD MEETING PAGE 3 Annexation of Property on Bell Drive: Attorney Folmer discussed the request for annexation of property on Bell Drive, which has been pending for several years. He explained that there is a recent Court of Appeals case which indicates you cannot do away with the special election requirement that is in the statute. The inhabitants of the property that is being annexed are required to vote. However under this circumstance, Attorney Folmer was not sure whether anyone could vote in the special election because the properties are uninhabited. Wind Farm Ordinance: Attorney Folmer apprised the Board that he, Councilman Proud, and Councilman Rocco met on Monday, February 6, 2012 at Clough Harbour & Associates in Syracuse, New York to discuss the location or formulation of a wind farm/wind turbine/windmill ordinance. He reported that they accomplished a great deal that day, and had another meeting scheduled for February 27, 2012. RESOLUTION 437 AUTHORIZE EXTENSION OF TIME FOR TAX COLLECTION TO JUNE 1, 2012 Motion by Councilman Leach Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Supervisor is hereby authorized and directed to sign and forward a request for an extension of the tax collection program until June 1, 2012 to the Cortland County Treasurer, in compliance with Section 938 of the Real Property Tax Law. Councilman Leach made a motion, seconded by Councilman Rocco, to receive and file correspondence from Attorney Patrick Snyder, dated February 2, 2012, regarding the Cortland County Airport and the use of eminent domain to acquire an airspace easement for property owned by Samuel Fish located on Route 222 in the Town of Cortlandville, tax map #86.13-01- 37.100. All voting aye, the motion was carried. Councilman Rocco thanked Attorney Folmer and Supervisor Tupper for sending a letter to the County requesting such information be sent to the Town. Councilman Leach apprised the Board he read the autobiography of Jimmy Doolittle and learned that at the end of Doolittle's career he was asked by the federal government to look at airports and their proximity to residential and commercial developments and how they would fit in. Councilman Leach stated it was interesting that what was being discussed today with encroachment has been a problem since the 1950s. Councilman Proud made a motion, seconded by Councilman Testa, to receive and file correspondence from the New York State Department of Environmental Conservation, dated February 6, 2012, regarding the Notice of Complete Application for permits applied for by Matthew C. Eaton to remove debris from the Hoxie Gorge Creek as a result of flooding. All voting aye, the motion was carried. RESOLUTION #38 AWARD BID TO THOMA DEVELOPMENT CONSULTANTS FOR PROGRAM DELIVERY AND ADMINISTRATIVE SERVICES FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT — OWNER OCCUPIED HOUSING REHABILITATION PROGRAM Motion by Councilman Leach Seconded by Councilman Proud VOTES: ALL AYE ADOPTED z6 FEBRUARY 15, 2012 TOWN BOARD MEETING PAGE 4 WHEREAS, a Request for Proposal was advertised for the program delivery and administrative services for the Community Development Block Grant (CDBG) - Owner Occupied Housing Rehabilitation Program, and WHEREAS, sealed bids were opened by the Town Clerk on February 8, 2012 at 12:00 p.m. as follows: Thoma Development Consultants $68,000.00 34 Tompkins Street Cortland, NY 13045 BE IT RESOLVED, the bid as recommended is hereby award to Thoma Development Consultants of Cortland, New York in the amount of $68,000.00. RESOLUTION #39 AUTHORIZE SUPERVISOR TO SIGN AGREEMENT TO CHANGE TO "OPTION B" OF THE THIRD PARTY CUSTODY AGREEMENT BETWEEN ALLIANCE BANK, N.A. AND M&T BANK FOR COLLATERALIZATION SERVICES FOR MUNICIPAL DEPOSITS 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 agreement to change from "Option A" to "Option B' in Exhibit A of the original Third Party Custody Agreement between Alliance Bank, N.A. (depository bank), and M&T Bank (the custodian), to provide a collateralization service for the Town's municipal deposits. Councilman Leach made a motion, seconded by Councilman Proud, to receive and file correspondence from Thoma Development Consultants, dated February 9, 2012, regarding the CDBG 2011 Environmental Review for the Town of Cortlandville's Home Rehabilitation Program. All voting aye, the motion was carried. RESOLUTION 440 AUTHORIZE SUPERVISOR TO SIGN LEASE AGREEMENT BETWEEN THE TOWN OF CORTLANDVILLE AND CORTLAND COUNTY FOR USE OF THE CORTLANDVILLE WATER GARAGE Motion by Councilman Testa Seconded by Councilman Leach VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to sign the lease agreement between the Town of Cortlandville and Cortland County to lease space located in the Cortlandville Water Garage for the storage of equipment and property, and it is further RESOLVED, the term of the lease shall run from February 1, 2012 and terminate December 31, 2012. There was discussion regarding a request made by the Cortlandville Zoning Board of Appeals for the Town Board to take action regarding non-compliance with a Variance granted on June 25, 2002 to David J. Tucker/Ephrahim Garcia, for property located at 4464 Cosmos Hill Road, tax map 476.00-01-05.000. Attorney Folmer explained that the Variance was granted with the stipulation that the existing trees around the homesite shall remain. However, trees have been removed. Z7 FEBRUARY 15, 2012 TOWN BOARD MEETING PAGE 5 RESOLUTION #41 FEFER NON-COMPLIANCE WITH THE ZONING BOARD OF APPEALS VARIANCE GRANTED TO EPHRAHIM GARCIA FOR PROPERTY LOCATED ON COSMOS HILL ROAD TO THE TOWN ATTORNEY FOR REVIEW Motion by Councilman Proud Seconded by Councilman Testa VOTES: ALL AYE ADOPTED WHEREAS, the Cortlandville Zoning Board of Appeals requested the Town Board take appropriate action regarding non-compliance with the Zoning Board of Appeals Variance granted on June 25, 2002 to David J. Tucker, applicant, for Ephrahim Garcia, owner of record, for property located at 4464 Cosmos Hill Road, tax map #76.00-01-05.000, therefore BE IT RESOLVED, the Town Board does hereby refer the non-compliance with the Zoning Board of Appeals Variance to the Town Attorney for review. There was discussion regarding the LGRMIF Shared Services Grant, which Cortland County was applying for through New York State Archives. Supervisor Tupper explained that the grant was for the shared services of an emailing archiving appliance and a shared data storage device for Cortland County, the Town of Cortlandville, and the Cortlandville Fire Department. Supervisor Tupper also wrote a letter of support for the grant. Town Clerk Snyder apprised the Board that emails fall under the Freedom of Information Law. She explained that if the Board members email each other through their private email addresses to discuss town business, such emails fall under FOIL. Supervisor Tupper stated it would be better to store the emails in the archiving device so it would free up space on computers. Also, a hardcopy would not have to be printed. RESOLUTION #42 AUTHORIZE SUPERVISOR TO SIGN THE INSTITUTIONAL AUTHORIZATION FORM FOR THE LGRMIF SHARED SERVICES GRANT APPLIED FOR BY CORTLAND COUNTY Motion by Councilman Leach Seconded by Councilman Proud VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to sign the Institutional Authorization form for the LGRMIF Shared Services Grant applied for by Cortland County for the shared services of an emailing archiving appliance and a shared data storage device. Attorney Folmer recalled discussion from the last meeting regarding the request made by the Planning Board for the Town Board to enter into discussion with the Cortland County Soil & Water Conservation District (SWCD) with regard to the maintenance of approved Stormwater Management Systems. Attorney Folmer reported that he had not yet contacted Patrick Reidy from SWCD but would do so and would report back. No further comments or discussion were heard. Councilman Leach made a motion, seconded by Councilman Testa, to adjourn the Regular Meeting. All voting aye, the motion was carried. The meeting was adjourned at 5:25 p.m. Respectfully submitted, )6ren 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 7, 2012. The draft version of this meeting was approved as written at the Town Board meeting of March 21, 2012.