HomeMy WebLinkAbout05-21-2008MAY 21, 2008
5:00 P.M.
103
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PUBLIC HEARING NO. 1
AQUIFER PROTECTION PERMIT
ANDREW LOWELL, APPLICANT
BESTWAY ENTERPRISES, RO
LUKER ROAD
TAX MAP #85.20-01-32.111 (PORTION OF)
A Public Hearing was held by the Town Board of the Town of Cortlandville at the
Raymond G. Thorpe Municipal Building, 3577 Terrace Road, Cortland, New York, concerning
an Aquifer Protection Permit application submitted by Andrew Lowell for property owned by
Bestway Enterprises, Inc., to construct a 4,572 sq. ft. dental office building on a 1.91 +/- acre
parcel, property located on the northwest side of Luker Road, approximately '/2 mile southwest of
NYS Route 28I/Luker Road intersection, a portion of tax map #85.20-01-32.111.
Members present:
Absent:
Supervisor, Richard Tupper
Councilman, Edwin O'Donnell
Councilman, Ronal L. Rocco
Councilman, John Proud
Town Clerk, Karen Q. Snyder
Councilman, Theodore Testa
Others present were: Town Attorney, John B. Folmer; Planning/Zoning Officer, Bruce
Weber; Andrew Lowell; Bruce Buchanan; Pam Hurdley; Larry & Marge Robinson; Bruce &
Marilyn Guyles; Karl Shilliff, Jackie Parker; Rev. Matthew Smith; Tina Brandel; Rev. David
Cay; Andy & Faith Smith; Grace Meddaugh; Daniel & Patricia Mones from Valley View
Gardens; May Dunham; John McNerny & Michael Hammes from Cortland Youth Bureau; Eric
Mulvihill from WXHC; and Sharon Stevans for Channel 2, Access TV.
Supervisor Tupper called the Public Hearing to order.
Town Clerk, Karen Q. Snyder, read aloud the published, posted and filed legal notice.
Supervisor Tupper offered privilege of the floor to those in attendance.
Councilman Rocco reminded the Board that in the past there was concern regarding
vacancies on Luker Road, however more businesses have been relocating to Luker Road, which
is positive for the Town.
No further comments or discussion were heard.
The Public Hearing was closed at 5:05 p.m.
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MAY 21, 2008 5:05 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:
Absent:
Supervisor, Richard Tupper
Councilman, Edwin O'Donnell
Councilman, Ronal L. Rocco
Councilman, John Proud
Town Clerk, Karen Q. Snyder
Councilman, Theodore Testa
Others present were: Town Attorney, John B. Folmer; Planning/Zoning Officer, Bruce
Weber; Andrew Lowell; Bruce Buchanan; Pam Hurdley; Larry & Marge Robinson; Bruce &
Marilyn Guyles; Karl Shilliff; Jackie Parker; Rev. Matthew Smith; Tina Brandel; Rev. David Cay;
Andy & Faith Smith; Grace Meddaugh; Daniel & Patricia Mones from Valley View Gardens; May
Dunham; John McNerny & Michael Hammes from Cortland Youth Bureau; Eric Mulvihill from
WXHC; and Sharon Stevans for Channel 2, Access TV.
Supervisor Tupper called the meeting to order.
Supervisor Tupper sadly announced the passing of Councilman Testa's mother, Alvira
Testa, who was 100 years old. There was a moment of silence to honor Mrs. Testa.
Councilman Proud made a motion, seconded by Councilman Rocco, to receive and file
the Zoning Board of Appeals Minutes of March 25, 2008. All voting aye, the motion was
carried.
The Draft Town Board Minutes of April 16, 2008, April 30, 2008, and May 7, 2008 were
presented to the Board for their review.
RESOLUTION 9106 AUTHORIZE PAYMENT OF VOUCHERS — MAY
Motion by Councilman O'Donnell
Seconded by Councilman Proud
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the vouchers submitted have been audited and shall be paid as follows:
General Fund A
Vouchers #267
- 291
$
99,214.89
General Fund B
B60 -
B71
$
26,861.92
Highway Fund DB
D144 -
D153
$
20,977.21
Trust & Agency
T6 -
T6
$
33,287.40
Water Fund
W 120 -
W 127
$
9,761.20
Sewer Fund
S51
- S62
$118,937.73
Supervisor Tupper offered privilege of the floor to Rev. Matthew Smith.
Rev. Matthew Smith of the Faith Baptist Church apprised the Board he was in attendance
to discuss his opposition to Local Law #1 of 2007, which required annual operating permits for
churches with an occupancy load of 100 or more persons. He respectfully asked the Board "to
continue to postpone any decisions to implement Local Law #1 of 2007 with regard to churches
until after the state senators complete their examination of it with the Secretary of State." He
stated that the requirement for churches to have an annual operating permit is excessive and
intrudes upon First Amendment rights guaranteed by both the United States Constitution and the
New York State Constitution.
Rev. Smith stated that buildings should be safe, and that the church abides by the current
requirements for occupancy permits, building permits, and yearly fire safety inspections.
However, since expenses and fees for churches are paid by charitable donations, he believed the
operating permit and the $100.00 application fee was a "backdoor taxation of churches and the
people who attend them.... Operating permits are a matter of redundant beaurocratic regulation
over our ability to assemble for worship."
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MAY 21, 2008 TOWN BOARD MEETING PAGE 2
Rev. Smith thanked the Board for the three -fold proposal that Attorney Folmer
announced at the May 7, 2008 Town Board Meeting: 1) Changing the title "operating permit" to
assembly safety review"; 2) Allowing its duration to remain in effect, unless surrendered,
revoked, or suspended as long as the permit holder/review recipient remains current with the
normal schedule of Fire Safety and Property Maintenance Inspections; and 3) Increasing the
occupant load. Rev. Smith stated that the revisions were better, but did not address the
"concerns about government entanglement with unnecessary fees and regulation."
Rev. Smith stated he appreciated the Board's ambition in seeking to be among the first to
implement State initiatives regarding safety. However, the addition of operating permits in the
New York State Fire Prevention and Building Code was not enacted by New York State as a
matter of legislation, but by the Secretary of State as a regulation. Rev. Smith stated that the
regulation was done without proper representation. He noted that both Senator James L. Seward
and Senator George D. Maziarz were actively addressing the issue with the Secretary of State.
Rev. Smith continued to support his argument, and urged the Board to postpone any decisions to
implement Local Law #1 of 2007 with regard to churches until after the state senators completed
their review with the Secretary of State. Rev. Smith submitted his comments to the Board.
Councilman Rocco stated he appreciated the letter Rev. Smith submitted, and informed
him that before action was taken on the amendment to Local Law #1 of 2007, there would be
some notice. He reported that the Town of Dryden recently adopted the Fire Code as required.
Supervisor Tupper offered privilege of the floor to Daniel Mones.
Daniel Mones, owner of Valley View Gardens on Luker Road, apprised the Board he
submitted correspondence to them regarding a recent transient permit issued to a flower business
operating on the front lawn of the Groton Avenue Plaza (Route 222). Mr. Mones was concerned
with the transient permit process as a whole and the Town's decision to grant such permit to a
business that did not comply with the Town Code. He cited §155-2 which states, "no person
shall conduct a transient retail business in this town without first obtaining a license thereof," and
§155-7 " ... sales are limited for six consecutive days." Mr. Mones stated that if the transient
permit process is not adhered to it could have an adverse affect on businesses in town. As a
taxpayer and contributing member of the community, Mr. Mones felt the Town should revisit the
transient permit process, and that it should be enforced.
Councilman Rocco questioned whether the permit was normally issued for six days.
Attorney Folmer stated there was a misunderstanding concerning the transient permit,
and that there were two issues to address. First, he stated that the transient ordinance was not
"the perfect piece of legislation." According to the definition of a transient business, it talks in
terms of a business that would be conducted for a temporary period of time. It does not specify
the particular length of time. The taxation provisions of the ordinance require a return of tax
information be given to the Town Clerk for each week, rather than "the week," which implies
that the permit could be in existence for a longer period of time than a six -day period. Attorney
Folmer admitted that the length of time was not particularly clear, and suggested the ordinance
be revisited to make sure the ordinance provides the intended protection for people like Mr.
Mones.
Mr. Mones stated his objection was that the issue should be revisited immediately.
Attorney Folmer informed Mr. Mones that in his discussions with Planning/Zoning
Officer, Bruce Weber, the six -day requirement is that the business must be closed for one day
each week. The merchant is also required to provide the tax information each week as of the
close of business on Saturday, and they are to report on Monday. The question then becomes
whether the six days is based upon an alleged closing on Sunday. The second issue was that the
business began to operate without first obtaining a transient permit, which is required under the
transient ordinance.
Attorney Folmer stated it was the Town Board's desire that people comply with the
ordinances, not necessarily to provide punishment. Once Code Enforcement Officer, Tom
Williams realized the business was operating without the required permit, he notified the owner
of the business who in turn contacted the Town and obtained the necessary permit.
Attorney Folmer stated that according to the ordinance a business can only conduct sales
for six consecutive days. He was not sure whether the business had been monitored or if it was
in violation of the six -day requirement. Once a review was conducted, the appropriate action
would be taken. He suggested the ordinance be reviewed as it was not well drafted, did not set
forth the criteria, and may not adequately protect the long-standing businesses within the
community.
Councilman Rocco believed that Mr. Mones had a valid point and asked that the issue be
resolved as quickly as possible.
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MAY 21, 2008
TOWN BOARD MEETING
PAGE 3
Supervisor Tupper offered privilege of the floor to Councilman O'Donnell.
Councilman O'Donnell apprised the Board he spoke with the Mayor of the Village of
McGraw concerning a few issues after the last Town Board Meeting held in the Village. Mayor
Freeman was concerned with the demolition of the Talbot house on Route 41, and the fact that it
had not been completed. According to Attorney Folmer, the demolition was delayed due to
weather.
Mayor Freeman's second issue was regarding unlicensed dogs in the Village of McGraw.
Councilman O'Donnell suggested the Mayor speak with Town Clerk Snyder and the SPCA to
reach a possible resolution. Mayor Freeman hoped the Village could be included in a future dog
enumeration.
The third issue Councilman O'Donnell discussed was regarding the safety of the
Academy Street Bridge. He suggested the Town contact Senator Seward for help funding the
bridge project, or that the Village of McGraw apply for any possible grants.
Supervisor Tupper was glad that the Mayor of the Village of McGraw could contact the
Town regarding his concerns. He commented that the Town is not eligible for federal or state
funds for bridges. He was not sure if the Village could apply for a federal or state grant for the
bridge problem.
Councilman Rocco apprised the Board he participated in a debate regarding Wal-Mart,
titled "Is Wal-Mart good for America." The Institute for Civic Engagement held the debate at
SUNY Cortland. Over 75 people from the County participated in the event.
Supervisor Tupper presented Bruce Weber with a plaque for twenty-one years of
dedicated service to the Town of Cortlandville as Code Enforcement Officer and Planning and
Zoning Officer, from 1986-2007, on behalf of the Town Board and the Town of Cortlandville.
Although Mr. Weber continues to work as a part-time consultant for the Town, he officially
retired.
Mr. Weber thanked the Board for their support throughout the years, as decisions made
by the Code Enforcement Officer are not always the most popular. He stated that he and CEO
Williams looked forward to Board's continued support in the future.
Councilman Rocco gave Mr. Weber accolades and stated that he "always went by the
book."
RESOLUTION 4107 ACCEPT AUDIT REPORT FOR THE FISCAL AFFAIRS OF
THE TOWN OF CORTLANDVILLE COMMUNITY PARK NYS
OPRHP EXAMINED BY CIASCHI, DIETERSHAGEN, LITTLE,
MICKELSON & COMPANY, LLP
Motion by Councilman Proud
Seconded by Councilman Rocco
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby accept the Audit Report for the fiscal affairs of
the Town of Cortlandville Community Park NYS OPRHP Contract Number C554096 for the
period of February 13, 2006 to April 15, 2008, which was examined by Ciaschi, Dietershagen,
Little, Mickelson & Company, LLP.
The monthly report of the Town Justice for the month of April 2008 was on the table for
review and is filed in the Town Clerk's office.
Attorney Folmer and the Board reviewed the SEQR Full Environmental Assessment
Form for the Aquifer Protection Permit application submitted by Andrew Lowell.
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MAY 21, 2008 TOWN BOARD MEETING PAGE 4
RESOLUTION #108 DECLARE NEGATIVE IMPACT FOR AQUIFER
PROTECTION PERMIT #3 OF 2008 SUBMITTED BY
ANDREW LOWELL FOR PROPERTY LOCATED ON
LUKER ROAD
Motion by Councilman Proud
Seconded by Councilman Rocco
VOTES: ALL AYE ADOPTED
WHEREAS, an Aquifer Protection Permit application was submitted by Andrew Lowell to
construct a 4,572 +/- sq. ft. dental office building on a 1.91 +/- acre parcel, property located on
the northwest side of Luker Road, approximately %2 mile southwest of NYS Route 281/Luker
Road intersection, owned by Bestway Enterprises, Inc., a portion of tax map #85.20-01-32.111,
and
WHEREAS, the Town Board as Lead Agent, duly reviewed and completed the Full
Environmental Assessment Form, therefore
BE IT RESOLVED, the Town Board as Lead Agent, does hereby declare the proposed project of
Andrew Lowell, Aquifer Protection Permit #3 of 2008, shall have no significant environmental
impact.
RESOLUTION #109 AUTHORIZE SUPERVISOR TO SIGN SEQRA APPLICATION
OF AQUIFER PROTECTION PERMIT #3 OF 2008
Motion by Councilman Proud
Seconded by Councilman Rocco
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Supervisor is hereby authorized and directed to sign the SEQRA
application relating to Aquifer Protection Permit #3 of 2008, submitted by Andrew Lowell.
RESOLUTION #110 APPROVE AQUIFER PROTECTION PERMIT #3 OF 2008
SUBMITTED BY ANDREW LOWELL FOR PROPERTY
LOCATED ON LUKER ROAD SUBJECT TO CONDITIONS
Motion by Councilman O'Donnell
Seconded by Councilman Rocco
VOTES: ALL AYE ADOPTED
WHEREAS, the Cortland County Planning Department and the Town Planning Board have
reviewed and recommended approval of this Aquifer Protection Permit application, and
WHEREAS, a Public Hearing was duly held by this Town Board, therefore
BE IT RESOLVED, the Town Board does hereby approve Aquifer Protection Permit #3 of 2008,
submitted by Andrew Lowell, permitting the construction of a 4,572 +/- sq. ft. dental office
building on a 1.91 +/- acre parcel, property located on the northwest side of Luker Road,
approximately %2 mile southwest of NYS Route 281/Luker Road intersection, owned by Bestway
Enterprises, Inc., a portion of tax map #85.20-01-32.111, subject to the following conditions
from the Town and County Planning Boards:
1. The number of parking spaces on the site be reduced to a maximum of 25 to 30
spaces, as would be required for a typical dental office of this size, or the applicant
provides written justification, which is acceptable to the Town, as to the necessity of
51 parking spaces for the facility.
2. The applicant obtaining Town Highway Superintendent approval for the driveway
location, driveway entrance details and drainage (culvert) requirements/details.
3. The applicant obtaining approval of the final design of the stormwater pollution
prevention plan per the Town's stormwater ordinance.
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MAY 21, 2008
TOWN BOARD MEETING
PAGE 5
4. The applicant filing a Notice of Intent with the NYS Department of Environmental
Conservation (DEC) in addition to the preparation of a stormwater pollution
prevention plan per the NYS Phase II stormwater regulations if it is determined that at
least one acre of land would be disturbed in the development of this proposal.
5. The applicant obtaining approval of the landscaping plan for the site from the Town.
6. Approval of the public sewer connection from the County Health Department via
application to the Town.
7. The applicant obtaining approval of the proposed well from the County Health
Department which would include the requirement of a permanent disinfection system
and quarterly sampling as a public water supply serving at least 25 individuals.
8. Compliance with SEQR requirements.
AND IT IS FURTHER RESOLVED, the Supervisor is hereby authorized to sign the permit.
Town Clerk Snyder apprised the Board she was served with a Notice of Petition for relief
pursuant to CPLR Article 78. A copy was submitted to Attorney Folmer as well as to the
Town's insurance company.
Attorney Folmer reported that the Notice of Petition was regarding the application
submitted by United Development Group for a proposed student housing complex. The
petitioners were concerned because it was Planning/Zoning Officer, Bruce Weber's opinion that
under the present ordinance, the development was a residential structure. The petitioners
disagreed with such determination. Attorney Folmer apprised the Board there was a process by
which the party involved could request that the ZBA deal with the decision made by Mr. Weber,
and decide whether or not they would confirm that the development was residential, or that it
should be considered commercial. While such request had not yet been made, Attorney Folmer
anticipated it would be submitted prior to the next ZBA/Planning Board meetings.
Attorney Folmer hoped that the Article 78 proceeding, which revisits the issue of
SEQRA, would be resolved prior to the August 8, 2008 return date. He would report back to the
Board regarding the matter at their next meeting.
RESOLUTION 4111 ACKNOWLEDGE RECEIVING NOTICE OF PETITION IN
THE MATTER OF MICHAEL ARNOLD, KEITH PACE,
JOSEPH ARMIDEO, CHRISTOPHER CALABRO, MICHAEL
PACE & MARC PACE VS. THE TOWN OF CORTLANDVILLE
TOWN BOARD, AND UNITED DEVELOPMENT GROUP
Motion by Councilman Rocco
Seconded by Councilman O'Donnell
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby acknowledge, by receiving and filing, the
Notice of Petition in the matter of Michael Arnold, Keith Pace, Joseph Armideo, Christopher
Calabro, Michael Pace & Marc Pace vs. the Town of Cortlandville Town Board, and United
Development Group.
Attorney Folmer reported:
No Parking on Starr Road:
Attorney Folmer stated he received correspondence from Highway Sup't. Bush
requesting the Board submit a request to the County Highway Department for "No Parking" on
Starr Road (a County road) in the area of Cortlandville's Ted Testa Park. The purpose of the
"No Parking" was for the safety of pedestrians and vehicle traffic at the park. Attorney Folmer
requested the Board authorize him to submit the request to the County.
Councilman Rocco suggested the Board request "No Parking" on the entire length of
Starr Road between Route 215 and Page Green Road. However, the rest of the Board felt that
Highway Sup't. Bush's request for 1420 ft. on both sides of Starr Road, between house #1444 to
# 13 88 was adequate.
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MAY 21, 2008 TOWN BOARD MEETING PAGE 6
RESOLUTION #112 AUTHORIZE REQUEST FOR "NO PARKING" ON BOTH
SIDES OF STARR ROAD BETWEEN HOUSE #1444 AND 1388
Motion by Councilman Proud
Seconded by Councilman Rocco
VOTES: ALL AYE ADOPTED
WHEREAS, Highway Sup't. Carl Bush requested that "No Parking" be established on both sides
of Starr Road between house #1444 to #1388, a distance of 1420 feet, near Ted Testa Park, for
the safety of pedestrians and vehicle traffic at the park, and
WHEREAS, Starr Road is a County road, therefore
BE IT RESOLVED, the Town Board does hereby authorize and direct the request for "No
Parking" on both sides of Starr Road, between house #1444 and #1388, be submitted to the to the
Cortland County Highway Department for approval.
Starr Road Sewer Improvement Project:
Attorney Folmer reported there was a problem obtaining a necessary easement from a
property owner on Starr Road for the Starr Road Sewer Improvement Project. Attorney Folmer
requested the Board adopt a resolution authorizing him to proceed as necessary to obtain a
permanent easement and right-of-way, stating that the acquisition of the easement and the
construction of the sewer line would not prejudice the public interest.
RESOLUTION #113 AUTHORIZE TOWN ATTORNEY TO PROCEED AS
NECESSARY TO OBTAIN A PERMANENT EASEMENT AND
RIGHT-OF-WAY FOR CONTRUCTION OF SANITARY
SEWER MAINS FROM MARTIN J. AND LEE SCOTT MACK
Motion by Councilman Rocco
Seconded by Councilman Proud
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize and direct the Town Attorney to
proceed as necessary in order to obtain a permanent easement and right-of-way for construction
of sanitary sewer mains to accomplish the Starr Road Sewer Improvement Project, from Martin
J. and Lee Scott Mack, for properties located on Starr Road, tax map #96.11-01-17.100 and
96.11-01-17.200, and it is further
RESOVLED, it is determined that the acquisition of the easement and construction of the sewer
line is minimal in nature and will not prejudice the public interest.
RESOLUTION #114 AUTHORIZE SUPERVISOR TO CREATE AND FILL ONE
NEW "HEAVY EQUIPMENT OPERATOR" POSITION FOR
THE TOWN HIGHWAY DEPARTMENT
Motion by Councilman Rocco
Seconded by Councilman Proud
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to create
and fill one new "Heavy Equipment Operator" position for the Town Highway Department, in
accordance with the Civil Service Law.
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MAY 21, 2008 TOWN BOARD MEETING PAGE 7
RESOLUTION #115 AUTHORIZE SUPERVISOR TO ABOLISH ONE
"MOTOR EQUIPMENT OPERATOR" POSITION FOR
THE TOWN HIGHWAY DEPARTMENT
Motion by Councilman Proud
Seconded by Councilman Rocco
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to abolish
one "Motor Equipment Operator" position for the Town Highway Department, in accordance
with the Civil Service Law.
RESOLUTION #116 AUTHORIZE HIGHWAY SUP'T. TO HIRE JAMES PETTY AS
"HEAVY EQUIPMENT MAINTENANE MECHANIC" FOR
FOR THE TOWN HIGHWAY DEPARTMENT
Motion by Councilman Proud
Seconded by Councilman Rocco
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board hereby authorizes the Town Highway Sup't. to hire James
Petty, 498 North End Road, Cincinnatus, New York, to fill the vacant position of "Heavy
Equipment Maintenance Mechanic" for the Town Highway Department, at an hourly pay rate of
$18.02 in accordance with the Town Highway Payroll Schedule, effective June 16, 2008.
RESOLUTION #117 DECLARE EMERGENCY AND AUTHORIZE EMERGENCY
REPAIR TO DETERIORATED SEWER LINE LOCATED ON
NYS ROUTE 13
Motion by Councilman Rocco
Seconded by Councilman Proud
VOTES: ALL AYE ADOPTED
WHEREAS, in May of 2006, the Town Water & Sewer Department hired Jamko Industrial
Services Inc. to inspect approximately 8,954 feet of the Route 13 sewer trunk line using a
television camera, in which it was discovered that the sewer pipe, which was installed between
1950 and 1960, had infiltration as well as several sections of pipe that had major cracks, pieces
missing and leaking laterals, and
WHEREAS, in July of2006 Water & Sewer Sup't. Peter Alteri, Jr. submitted a list of priority
projects to the Board to seriously consider, which included the repair and/or replacement of the
Route 13 sewer trunkline, and
WHEREAS, in March of 2008 the Water & Sewer Dept. received an emergency phone call from
Garcia's Mexican Restaurant located on NYS Route 13, regarding their sewer, which resulted in
another review of the sewer line, and
WHEREAS, upon excavating the sewer line it was found that approximately 15 feet of sewer
line that was outside a steel casing, on the west side of the road, had collapsed and a significant
portion of the line in the casing was missing the bottom section of pipe, which could not totally
be repaired due to the complexity of the situation, therefore
BE IT RESOLVED, the Town Board does hereby declare an emergency regarding a portion of
the Route 13 sewer trunk line and authorizes Water & Sewer Sup't. Alteri to take the necessary
steps to complete an emergency repair to the deteriorated sewer line.
Councilman Rocco made a motion, seconded by Councilman O'Donnell, to receive and
file correspondence from Troy & Banks, Inc. dated May 13, 2008, regarding the investigation of
the Town's monthly Service & Equipment charges for telecommunication services, of which no
over billings were found. All voting aye, the motion was carried.
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MAY 21, 2008 TOWN BOARD MEETING PAGE 8
There was discussion regarding an increase to the Town's dog license fees, and dog
impoundment fees, which had not been adjusted since 1983. Town Clerk Snyder apprised the
Board she contacted contiguous municipalities regarding their local dog fees and found that most
of the local fees were set at $7.50. The maximum local fee a municipality can collect is $10.00.
Town Clerk Snyder requested the Board authorize a fee increase of $2.50 for both
spayed/neutered and unspayed/unneutered dogs. The increase in local fee would not be revenue
for the Town, but would help pay the Town's contract with the Cortland County SPCA.
With regard to Councilman O'Donnell's earlier concern regarding unlicensed dogs in the
Village of McGraw, Town Clerk Snyder stated that the SPCA is under contract with the Town to
provide services to the Village. The SPCA should ticket dog owners who have not licensed their
dogs, and should also impound stray dogs. If the SPCA submitted monthly reports to the Town
as required, the Town could better monitor the SPCA's activity.
Councilman Proud questioned when the last time a dog census was conducted.
According to Town Clerk Snyder, the last dog enumeration was conducted in 1984.
Currently the Town has approximately 1000 licensed dogs. Based on calculations from the NYS
Department of Ag. & Markets, the Town should have approximately 1790 dogs.
Town Clerk Snyder planned to conduct a dog enumeration during the Summer of 2008,
and hoped to conduct the enumeration in-house. Although she was not authorized to issue
tickets for unlicensed dogs, Town Clerk Snyder could draw the tickets up.
Councilman Proud suggested the Town explore how other municipalities handle their
animal control and what the costs are.
Supervisor Tupper mentioned that almost every municipality in Tompkins County pulled
out of their contract with the Tompkins County SPCA, which was a very big point of contention.
In Cortland County, there are very few municipalities who contract with the Cortland County
SPCA.
Councilman Rocco questioned whether Town Clerk Snyder believed that citizens would
be truthful when returning the dog census, or if they would even return the census.
Town Clerk Snyder stated there would be a deadline for residents to license their dogs.
Once the deadline has passed, the Town could charge an additional $5.00 service fee for
unlicensed dogs, which would be used to help offset the contract with the SPCA. She anticipated
that most residents would license their dogs after the dog census was mailed, since many people
are not aware of the licensing law.
RESOLUTION #118 AUTHORIZE INCREASE TO TOWN OF CORTLANDVILLE
DOG LICENSE FEE
Motion by Councilman Proud
Seconded by Councilman O'Donnell
VOTES: ALL AYE ADOPTED
WHEREAS, Town Clerk, Karen Q. Snyder has requested an increase to the Town of
Cortlandville local fee for the licensing of dogs within the town, as these fees have not been
adjusted since 1983, now therefore
BE IT RESOLVED, the Town Board does hereby adopt the following:
The local fee for such license shall be the sum of
$7.50 for each spayed or neutered dog plus the
additional fee set by the State for a total of $10.00.
The local fee for such license shall be the sum of
$7.50 for each unspayed or unneutered dog plus the
additional fees set by the State for a total or $18.00.
AND IT IS FURTHER, RESOLVED, the increase to the Town of Cortlandville local fee for dog
licensing shall become effective July 1, 2008.
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MAY 21, 2008 TOWN BOARD MEETING PAGE 9
RESOLUTION #119 AUTHORIZE INCREASE TO TOWN OF CORTLANDVILLE
DOG IMPOUNDMENT FEES
Motion by Councilman Proud
Seconded by Councilman Rocco
VOTES: ALL AYE ADOPTED
WHEREAS, Town Clerk, Karen Q. Snyder has requested an increase to the Town of
Cortlandville impoundment fees for dogs within the town, as these fees have not been adjusted
since 1983, now therefore
BE IT RESOLVED, the Town Board does hereby adopt the following:
a.) First seizure - $25.00 per dog plus $5.00 per day as the cost of boarding
b.) Second seizure - $40.00 per dog seized plus $5.00 per day as the cost of boarding
c.) Third seizure - $55.00 per dog seized plus $5.00 per day as the cost of boarding
AND IT IS FURTHER, RESOLVED, the increase in the Town of Cortlandville impoundment
fees for each dog shall become effective July 1, 2008.
Councilman Proud requested the Board place a 90-day moratorium on all illuminated
signs in the Town of Cortlandville, as it was unclear whether the Town Zoning Ordinance
addressed the issue of illuminated, animated signs. Since animated signs are becoming more
popular, Councilman Proud was concerned that a problem could arise without a clear ordinance
regulating such signs.
Attorney Folmer would prepare a proper resolution for a 90-day moratorium on all
illuminated signs in the Town in order to allow the Board to review the Zoning Ordinance. The
resolution would be presented to the Board at their next meeting.
No further comments or discussion were heard.
Councilman Rocco made a motion, seconded by Councilman Proud, to adjourn the
Regular Meeting. All voting aye, the motion was carried.
The meeting was adjourned at 6:15 p.m.
Respectfully submitted,
1� —�4�
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 July 16, 2008.
The final version of this meeting was approved as written at the Town Board meeting of October 15, 2008.