The URL can be used to link to this page

Home My WebLink About05-07-2008MAY 07, 2008 7:00 P.M. TOWN BOARD MEETING The Regular Meeting of the Town Board of the Town of Cortlandville was held at the McGraw Community Building in the Village of McGraw, New York, with Supervisor Tupper presiding. Members present: Absent: Supervisor, Richard Tupper Councilman, Theodore Testa Councilman, Edwin O'Donnell Councilman, John Proud Town Clerk, Karen Q. Snyder Councilman, Ronal L. Rocco Others present were: Town Attorney, John B. Folmer; Village of McGraw Mayor, Robert Freeman; Representatives from Faith Baptist Church: Rev. Matthew Smith, Gary and Cathy Lawrence,. Tina Brandel, Phyllis Fuller, Charlie and Mary Willcox, Bruce and Marilyn Guyles, Sheila Jenne; Bernie & Christine Heath; Karl Shilliff, Rev. James W. Kane, Living Word Free Methodist; Nathan Metzler; Bernie and Lonna Maxson; Bob Fitch; John Hartman, Grace Christian Fellowship; Harold C. (?), Bible Baptist Church; Grace Meddaugh, town resident; and Sharon Stevans for Channel 2, Access TV. Supervisor Tupper called the meeting to order. Councilman Proud made a motion, seconded by Councilman Testa, to approve the following Town Board Minutes as written: February 6, 2008; February 20, 2008; and March 5, 2008. All voting aye, the motion was carried. Councilman Proud made a motion, seconded by Councilman Testa, to receive and file the Planning Board Minutes of March 4, 2008. All voting aye, the motion was carried. Councilman Proud made a motion, seconded by Councilman Testa, to receive and file the Zoning Board of Appeals Minutes of March 4, 2008. All voting aye, the motion was carried. The Draft Town Board Minutes of April 2, 2008 were provided to the Board for their review. RESOLUTION #102 AUTHORIZE PAYMENT OF VOUCHERS — MAY Motion by Councilman Proud Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED, the vouchers submitted have been audited and shall be paid as follows: General Fund A Vouchers #229 - 266 $ 95,735.64 General Fund B B49 - B59 $ 8,928.80 Highway Fund DB D 134 - D 143 $ 25,924.41 Trust & Agency T5 - T5 $ 33,287.40 Water Fund W94 - W 119 $ 7,186.35 Sewer Fund S44 - S50 $ 73,492.93 Supervisor Tupper offered privilege of the floor to those in attendance. There were no requests for privilege of the floor. On behalf of the Town, Councilman O'Donnell presented longtime employee, Lonna Maxson with a plaque honoring her for her 20+ years of dedicated service to the Town of Cortlandville. Mrs. Maxson served the Town and its constituents from 1987 until her retirement in 2007, first as a Deputy Town Clerk, and as Secretary to the Water and Sewer Department and the Highway Department. The Board wished Mrs. Maxson well in her retirement. 100 MAY 07, 2008 TOWN BOARD MEETING PAGE 2 Supervisor Tupper announced that the Town was presented with a plaque from the Cortland Youth Bureau and the new Cortland Little League, thanking the Town for the new park on Starr Road. The plaque would be displayed at the Raymond G. Thorpe Municipal Building. In addition, Councilman O'Donnell apprised those in attendance that the Cortlandville Starr Road Park was dedicated and renamed the "Ted Testa Park" in honor of Deputy Supervisor Testa, who spent countless time and energy to make the park a reality. Monthly reports of the Town Clerk, Tax Collector, Water & Sewer Department, Code Enforcement Officer, and Supervisor for the month of April 2008, and for the Town Justice for the month of March 2008, were on the table for review and are filed in the Town Clerk's office. Under old business, Councilman Proud discussed the emergency repair to the Route 13 sewer line that occurred on March 22, 2008, and the proposed replacement of the Route 13 sewer trunk line. He cited reasons to replace the trunk line as reported from both Water & Sewer Sup't. Alteri and Town Engineer Smith: - the pipe is made of 5' sections of clay pipe that was installed between 1950 and 1960 - the Town was advised by the inspection company not to clean the Route 13 sewer line for fear of accelerating the collapse of the pipe - Water & Sewer Sup't. Alteri submitted the Route 13 trunk line project on the list of priority projects presented to the Board in July 2006 — no action was taken - Engineer Smith submitted a memo to the Board in April 2007 regarding the replacement/repair of the Route 13 trunk line and estimated a total construction cost of $621,000 — no action was taken - the Route 13 trunk line is the main sewer trunk line for all of South Cortland, with a flow of about 34 million gallons per quarter - Water & Sewer Sup't. Alteri recommended the entire trunk line from South Cortland to the City line be replaced (approximately 8,954 ft.) RESOLUTION #103 ACKNOWLEDGE NOTIFICATION FROM THE STATE FOR FILING OF LOCAL LAW NO. 2 OF 2008 Motion by Councilman O'Donnell Seconded by Councilman Proud VOTES: ALL AYE ADOPTED BE IT RESOLVED, the State of New York Department of State acknowledged receipt of Local Law No. 2 of 2008, "Amendment to Article XI Planned Unit Development of the Zoning Law of the Town of Cortlandville," to be effective April 23, 2008. Attorney Folmer reported: Proposed Amendment to Local Law No. 1 of 2007, "Administration and Enforcement of the NYS Uniform Fire Prevention and Building Code": Attorney Folmer reported that he and Code Enforcement Officer, Tom Williams discussed the proposed amendment to Local Law No. 1 of 2007. He and CEO Williams agreed that the final version of the ordinance would not include the term "operating permit" but would instead use the term "safety certification." There was also discussion regarding increasing the number of people who assemble from 100 people to 250 people. The third major change was with regard to the permits being issued until they are either revoked or surrendered, rather than on a one-year basis. CEO Williams did not want to be inconsistent with State requirements. According to Pastor Smith, the State Legislature was in the process of examining the ordinance to determine whether or not changes should be mandated by legislation, and suggested the Town wait until the State made a determination. Attorney Folmer was not comfortable waiting until the State made its decision. Instead, the Town would make amendments to the current ordinance, and would be prepared to adjust the ordinance further in the event the State Legislature decides changes should be made. Attorney Folmer expected to present the Board with a final version of the ordinance at the next Town Board meeting. 1.02 MAY 07, 2008 TOWN BOARD MEETING PAGE 3 In addition, Attorney Folmer apprised the Board he was given a copy of a letter from the Gibbs Law Firm, P.A., located in Florida, which represents the Christian Law Association. The Gibbs Law Firm compared the exemption to that of the federal exemption for churches in ADA law. Attorney Folmer had not yet responded to the correspondence. Attorney Folmer requested the Board convene to an Executive Session before closing the Regular Meeting to discuss the acquisition of property. RESOLUTION #104 DEDICATE THE CORTLANDVILLE STARR ROAD PARK AND RECREATION CENTER TO DEPUTY SUPERVISOR ` TESTA AND AUTHORIZE THE PARK BE RENAMED THE "TED TESTA PARK" Motion by Councilman Proud Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby dedicate the Cortlandville Starr Road Park and Recreation Center to Deputy Supervisor Theodore Testa for his hard work, dedication, and determination to make the park project a reality for the community, and it is further RESOLVED, the Town Board hereby renames the Starr Road Park and Recreation Center to the "Ted Testa Park" in honor of Deputy Supervisor Testa. Supervisor Tupper, Attorney Folmer, and Members of the Board thanked Deputy Supervisor Testa and congratulated him on his overwhelming accomplishment. Supervisor Tupper also mentioned the speech made by Senator Seward at the grand opening of the Ted Testa Park, in which he indicated that the Town would be receiving a large State grant that would be announced in near future. RESOLUTION #105 SCHEDULE PUBLIC HEARING FOR AQUIFER PROTECTION PERMIT APPLICATION SUBMITTED BY ANDREW LOWELL FOR PROPERTY OWNED BY BESTWAY ENTERPRISES, INC. Motion by Councilman Proud Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED, a Public Hearing shall be scheduled for May 21, 2008 at 5:00 p.m. for an Aquifer Protection Permit application submitted by Andrew Lowell for property located on Luker Road, owned by Bestway Enterprises, Inc., tax map #85.20-01-32.111. No further comments or discussion were heard. Councilman Proud a motion, seconded by Councilman Testa, to recess the Regular Meeting to an Executive Session to discuss property acquisition. All voting aye, the motion was carried. The meeting was recessed at 7:20 p.m. The following information was received from the Supervisor's office. Councilman Proud made a motion, seconded by Councilman O'Donnell, to adjourn the Executive Session and reconvene to the Regular Meeting. All voting aye, the motion was carried. -1oz MAY 07, 2008 TOWN BOARD MEETING PAGE 4 No action was taken. Councilman Proud made a motion, seconded by Councilman O'Donnell, to adjourn the Regular Meeting. All voting aye, the motion was carried. The meeting was adjourned at 7:30 p.m. ZRespe tfuRespe tfully 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 May 21, 2008. The final version of this meeting was approved as written at the Town Board meeting of July 16, 2008. i 1