HomeMy WebLinkAbout06-04-2008JUNE 04, 2008
7:00 P.M.
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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
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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.
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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.
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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:
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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.
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