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HomeMy WebLinkAbout06-04-2008JUNE 04, 2008 7:00 P.M. 113 F I� 1 TOWN BOARD MEETING The Regular Town Board Meeting of the Town Board of the Town of Cortlandville was held at the Blodgett Mills Independent Baptist Church, Blodgett Mills, New York, with Supervisor Tupper presiding. Members present: Supervisor, Richard Tupper Councilman, Theodore Testa Councilman, Edwin O'Donnell Councilman, Ronal Rocco Councilman, John Proud Town Clerk, Karen Q. Snyder Others present were: Town Attorney, John Folmer; Highway Sup't. Carl Bush; Code Enforcement Officer, Tom Williams; Jackie Crane from Little York Plantation; Dan, Pat and Andrew Mones from Valley View Gardens; Pastor Tom Bell; News Reporter Aimee Milks from the Cortland Standard; and Sharon Stevans for Channel 2, Access TV. Supervisor Tupper called the meeting to order. Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and file the Cortlandville Planning Board Minutes of March 25, 2008. All voting aye, the motion was carried. RESOLUTION 9120 AUTHORIZE PAYMENT OF VOUCHERS — JUNE 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 #292 - 310 $ 27,293.24 General Fund B B72 - B79 $ 12,392.73 Highway Fund DB D154 - D172 $ 51,662.79 Special Grant SG1 - SG1 $ 2,900.00 Water Fund W 128 - W 139 $ 3,017.97 Sewer Fund S63 - S68 $ 51,420.26 Monthy reports of the Code Enforcement Officer, Supervisor, Tax Collector, Town Clerk, and Water & Sewer Dept. for the month of May 2008 were on the table for review and are filed in the Town Clerk's office. Councilman Proud made a motion, seconded by Councilman Rocco, to receive and file correspondence from the State of New York Department of State, dated May 5, 2008, notifying the Town it did not receive a grant under the 2007-2008 Shared Municipal Service Incentives program for the Polkville Hamlet Water Project. All voting aye, the motion was carried. Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and file correspondence from Congressman Michael A. Arcuri, dated May 21, 2008, notifying the Town he submitted a letter to the Governor's Office for Small Cities in support of the Town's Community Development Block Grant application for the Town Wide Elderly Housing Rehabilitation Program. All voting aye, the motion was carried. Councilman O'Donnell made a motion, seconded by Councilman Proud, to receive and file correspondence from Stephen W. Young, Sr., dated May 28, 2008, regarding connection to Town sewer and the possible sale of his property to the Cortland County Airport. All voting aye, the motion was carried. JUNE 04, 2008 TOWN BOARD MEETING PAGE 2 Councilman O'Donnell made a motion, seconded by Councilman Proud, to receive and file correspondence from Shirley and Gerald Morse, dated May 23, 2008, regarding connection to Town sewer and discussions with the Cortland County Airport and the FAA. All voting aye, the motion was carried. Councilman Rocco briefly discussed the Cortland County Airport and stated that the Town should be invited to meetings regarding the airport. He suggested Supervisor Tupper submit a letter to the County requesting that anytime the airport is going to be discussed at a meeting that the Town be notified. Councilman Rocco stated he would be very happy to attend such meetings and report back to the Board. Town Code Enforcement Officer and County Legislator, Tom Williams explained that the FAA lowered the flight path angle for the end of each runway at the County Airport, which brings other structures into the "wedge" of the flight path for both egress and ingress for the airport. The County was conducting a survey studying the effect a change in a lowered flight path would have for surrounding properties. Councilman Rocco understood and reiterated that the Town should be invited to any meetings in order to respond to the Town's constituents regarding the airport. Supervisor Tupper stated he could ask the County Highway Committee to advise the Town when the airport was on the agenda. Attorney Folmer questioned CEO Williams whether there was any discussion at the County regarding the cell tower located on Locust Avenue. When the cell tower was installed, there was concern because it was located right in line with the centerline of the runway. The FAA specified the height that the cell tower could be without it being considered a hazard to flight. CEO Williams had nothing to report regarding the cell tower. Under old business, Attorney Folmer reported that a demolition permit was issued to the new owners of the Talbot property located on Route 41. According to Councilman O'Donnell and CEO Williams, demolition of the dilapidated structure was underway. Attorney Folmer reported: Bonds: Attorney Folmer apprised the Board he contacted Bond Counsel in New York regarding the Town obtaining 5-year serial bonds for Town water and sewer projects, and communicated the rates the Town was quoted. Attorney Folmer was reminded that in order to comply with §202-B of the Local Finance Law, the Town would have to generate an engineering report, complete a SEQR, and conduct a public hearing, before issuing the bonds. Conveyance of Land: Attorney Folmer apprised the Board he was in possession of the documents and maps to accomplish the transfer of land between the Town and Dr. J. Lee Ambrose. The documents had been signed by Dr. Ambrose and were ready to be delivered. Attorney Folmer requested the Board authorize the Supervisor to execute the documents to complete the transfer. RESOLUTION #121 AUTHORIZE SUPERVISOR TO EXECUTE DOCUMENTS TO COMPLETE THE TRANSFER OF LAND BETWEEN THE TOWN OF CORTLANDVILLE AND DR. J. LEE AMBROSE FOR PROPERTIES LOCATED OFF OF DAVINCI DRIVE Motion by Councilman Rocco Seconded by Councilman Testa VOTES: ALL AYE ADOPTED WHEREAS, per Town Board Resolution #100 of 2008, the Town Board authorized the conveyance of a deed from Dr. J. Lee Ambrose to the Town, for property located off of Davinci Drive, portions of tax map #76.14-03-07.000, 76.14-03-08.000, 76.14-03-09.000 and 76.14-03- 10.000, and 1 1 115- JUNE 04, 2008 TOWN BOARD MEETING PAGE 3 WHEREAS, the Town Board further authorized the conveyance of such deed from the Town to Dr. J. Lee Ambrose for property located off of Davinci Drive, a portion of tax map #76.14-03- 12.000, now therefore BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to execute such documents to complete the transfer of land between the Town of Cortlandville and Dr. J. Lee Ambrose. Referendum for Cortland Free Library Tax: Attorney Folmer reported that the referendum regarding the Cortland Free Library's source of funding recently passed. The levy for taxes that would be contained on the school tax bill would release the Town from any obligation in 2009 for appropriating funds for the Cortland Free Library. There was a question as to what would happen to the money that gets paid to the library thru the tax levy for the balance of the year 2008. Attorney Folmer planned to meet with attorneys for both the City of Cortland and the Town of Virgil to develop a proposition of how to deal with each municipality's current contract. Attorney Folmer would report back to the Board with a recommendation. Revision to Transient Business Ordinance: Attorney Folmer apprised the Board they were provided with a revision to the Transient Business Ordinance, labeled Revision #5, which was drafted by both himself and CEO Williams. He requested the Board and the interested parties review the revised ordinance. Attorney Folmer spoke with Attorney David Ames, who represents Harold Gibbs of "Hannah's Flowers," and would provide him with a copy of the revised ordinance. Councilman Proud stated he read the revised ordinance prior to the meeting and felt that it covered the issues that people were concerned with. He stated he would like the revised ordinance to be circulated as widely as possible to allow input from interested parties. Attorney Folmer agreed the revised ordinance should be circulated, as several changes were made to the original ordinance. The following changes were made to § 155-7: - No transient business will be allowed in residential or agricultural district zones nor in any zone within (3000) straight line feet of any permanent business selling items that are similar. - Operation of the business is limited to no more than (1) days, whether sales take place on any given day or not. -Only one such license per calendar year will be issued to any business or enterprise. -One ground sign, not exceeding 75 square feet, shall be allowed; except that on a lot at an intersection with frontage on two roads or public rights -of -way, two ground signs not exceeding a combined total of 75 square feet shall be allowed. Attorney Folmer also apprised the Board that § 155-5 would help alleviate concern in the Town Clerk's office with regard to collection of the transient merchant tax. The fee for the license would increase from $10.00 to $250.00, and $50.00 per day for each day of operation indicated on the license. Both fees would be collected prior to issuance of the license. The applicant would also be required to provide the Town Clerk with the following information: proof of identity and proof of legal establishment of the enterprise or business, including county DBA filing, state sales tax certificate, liability/worker's compensation/state disability insurance coverage, proof of authorization to use the property. Councilman Rocco clarified that the permit would be valid for 7 consecutive days once a year. He suggested the Board increase the fee per day from $50.00 to $100.00. Also, he voiced his concern regarding the removal of garbage from the site after the sale is complete. Councilman Testa suggested a provision be added to the ordinance regarding garbage removal, including a deposit. CEO Williams understood the Board's concern, but stated the purpose of the new fee structure would be to lessen the burden of the Town Clerk's office to "chase people around" regarding fees. If garbage were left on the site, it would be the property owner's responsibility to remove the garbage. The property owner could add a provision to the lease or agreement for the removal of garbage. CEO Williams stated there were other issues to discuss such as time limits for vendors who have seasonal businesses, such as a Christmas tree vendor, or a vendor who has a unique product that is not sold anywhere else in the town. Councilman Rocco questioned whether the Board could place a moratorium on all transient businesses until a revised ordinance was adopted. 11( JUNE 04, 2008 TOWN BOARD MEETING PAGE 4 Attorney Folmer did not believe a moratorium was in order, and explained that the process by which a moratorium is placed was a timely process. Instead, he suggested the Board receive input from the public, and make changes to the ordinance within a reasonable amount of time. The Board agreed with Attorney Folmer. There was discussion regarding the application for an Aquifer Protection Permit for Empire Agrifuel LLC. Councilman Rocco requested the Board invite the representatives from the NYS DEC who visited a similar plant in Pennsylvania to attend the public hearing to report on their findings. Supervisor Tupper stated he could ask the DEC to attend, but anticipated that Empire Agrifuel would make a presentation to the Board. RESOLUTION 4122 SCHEDULE PUBLIC HEARING FOR AQUIFER PROTECTION PERMIT APPLICATION SUBMITTED BY EMPIRE AGRIFUEL, LLC. FOR PROPERTIES LOCATED OFF US ROUTE I l Motion by Councilman Proud Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, a Public Hearing shall be scheduled for June 18, 2008 at 5:00 p.m. for an Aquifer Protection Permit application submitted by Empire Agrifuel, LLC for properties located off US Route 11, owned by Love/Frazee Associates and David and Lori Law, tax map 487.00- 04-03.000 (portion of) and 87.00-04-10.000. RESOLUTION 4123 AUTHORIZE SUPERVISOR TO TRANSFER MONIES FROM THE FUND BALANCE INTO ESTABLISHED TOWN RESERVES Motion by Councilman Testa Seconded by Councilman Proud VOTES: ALL AYE ADOPTED WHEREAS, the Supervisor has requested that monies be transferred from the fund balances into established reserve funds, therefore BE IT RESOLVED, the Supervisor is hereby authorized and directed to transfer the following monies into the established reserves: $3,000.00 from GFA Fund Balance into Unemployment Reserve Fund; $15,000.00 from Water Fund Balance into Water Improvement Capital Reserve Fund; and $15,000.00 from Sewer Fund Balance into Sewer Improvement Capital Reserve Fund. Supervisor Tupper offered privilege of the floor to Dan Mones. Dan Mones, owner of Valley View Gardens located on Luker Road, discussed the Transient Business Ordinance and how a recently issued permit impacted not only his business, but also other businesses in the community. He stated it was reasonable to expect that a transient business should be able to exist, however he had an issue with regard to the length of time a transient business could conduct sales. Mr. Mones was concerned the revised ordinance submitted to the Board was not as clear as it should be, and would therefore submit language that he would like included in the ordinance. Pat Mones commented that the product sold at their business was similar to Christmas trees which CEO Williams discussed earlier in the meeting. She questioned whether her business would be protected. Mrs. Mones was also concerned about the distance (3000 ft.) of which a transient business could operate from a similar, established business. Councilman Proud commented that because the Mones' business was an established business, a transient business could only operate for 7 days. He understood their concern regarding the language of the ordinance and the necessity for it to be as clear as possible. 1 1 1 117 JUNE 04, 2008 TOWN BOARD MEETING PAGE 5 Supervisor Tupper offered privilege of the floor to Jackie Crane. Jackie Crane, owner of Little York Plantation, commented that the horticultural business was different than other businesses because it is seasonal. She explained there is a six -week window in the flower business to make money for the entire year, which is from the week before Mother's Day to the 151h of June. If such business has not made money by the 15th of June, the business would suffer for that year. While Little York Plantation was approximately 7 miles from the location of Hannah's Flowers transient business site, Ms. Crane stated her sales were greatly affected. She felt the suggested permit fee of $250.00 plus $50.00 per day was not an adequate fee for a transient business. She asked that the Board to revise the ordinance to protect the merchants already located within the community. Councilman Testa requested Ms. Crane submit her suggestions to the Board regarding what she felt would be an appropriate fee for a transient business permit. Ms. Crane stated she would do so. Attorney Folmer added that the revised ordinance required a state sales tax certificate be submitted to the Town before issuance of a permit. He also informed Ms. Crane that Hannah's Flowers had a business location on Route 13 in the Town of Homer, and questioned whether she or Mr. Mones spoke to the Town of Homer regarding their concerns. Ms. Crane stated that the flower business on Route 13 did not affect her business. Mr. Mones commented that he wanted to first address the issue in Cortlandville, and hoped that other towns would update their ordinances as well. He stated it was clear that the transient flower business affected not only his business but also Little York Plantation. Attorney Folmer reported that according to Town Clerk Snyder, approximately six transient permits are issued per year. Prior to this year, he could not recall transient businesses being an issue for the Town. Councilman Rocco thanked Mr. Mones and Ms. Crane for bringing the issue to the Board's attention. He noted that the last time the Town had an issue with the transient business ordinance was in 1994. Mr. Mones requested the Board honor Councilman Rocco's request for a moratorium on transient businesses within the Town, as he anticipated it would take time to adopt a revised ordinance. Attorney Folmer explained the procedure for amending the Transient Business Ordinance. He requested that anyone who wished to comment on the language and make suggestions should do so within the next ten days, which would allow time to revise the draft and present it to the Board for their review at the next meeting. The revised ordinance would then be submitted to the County Planning Board for review and recommendations, and a public hearing would be scheduled. Once the public hearing is conducted and the revised ordinance is adopted, the local law would not be in effect until being filed with Secretary of State. A moratorium, which Mr. Mones suggested, would take longer to implement than adopting a revised ordinance. Supervisor Tupper apprised those in attendance he received communication from Tobacco Free Cortland and the Cortland County Reality Check Program inviting the Town to participate in the "Young Lungs At Play" initiative, by adopting tobacco -free parks and playgrounds policies. The Board agreed to implement the policy to protect the health, welfare, and safety of Town park patrons. RESOLUTION #124 ADOPT THE TOWN OF CORTLANDVILLE PARKS AND RECREATION TOBACCO -FREE POLICY Motion by Councilman Proud Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby adopt the following Town of Cortlandville Parks and Recreation Tobacco -Free Policy and Guidelines: I18 JUKE 04, 2008 TOWN BOARD MEETING PAGE 6 Town of Cortlandville Parks and Recreation - Tobacco -Free Policy The Town of Cortlandville Parks and Recreation Tobacco -Free Policy is designed to protect the health, welfare, and safety of our park patrons. POLICY STATEMENT The Town of Cortlandville is committed to the quality of life for all residents, therefore, we believe that: 1. Tobacco product use in proximity of children, youth and adults engaging in or watching recreational activities is unhealthy and detrimental to the health of others. 2. Tobacco products once consumed in public spaces are often discarded on the ground, thus posing a risk of ingestion to toddlers and causing a litter problem. 3. As parents, leaders, coaches and officials, we are thought of as role models, and the use of tobacco products around youth has a negative effect on their lifestyle choices. TOBACCO -FREE FACILITIES The Town of Cortlandville does not allow the use of tobacco products on Town -owned park land, park facilities, open space or joint village/school district properties except within the confines of a vehicle in a designated parking area. COMPLIANCE PROCEDURES The emphasis on enforcing the Tobacco -Free Park policy is through voluntary compliance: 1. Appropriate Town -owned park land, park facilities, open space or joint town/school district properties will be signed. 2. Town of Cortlandville staff will meet with activity organizations and/or leaders or coaches to discuss the policy and to distribute flyers with the "Tobacco -Free" regulations. 3. Town of Cortlandville staff will make periodic observations of activity sites to monitor compliance and help to promote awareness of the tobacco -free policy. No further comments or discussion were heard. Councilman Testa made a motion, seconded by Councilman Proud, to adjourn the Regular Meeting. All voting aye, the motion was carried. The meeting was adjourned at 8:15 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 August 6, 2008. The final version of this meeting was approved as written at the Town Board meeting of December 3, 2008. 1 1