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HomeMy WebLinkAbout04-01-2009Z�5 APRIL O1, 2009 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 Tupper Councilman, Theodore Testa Councilman, Ronal Rocco Councilman, John Proud Councilman, Edwin O'Donnell Town Clerk, Karen Q. Snyder, RMC Others present were: Town Attorney, John Folmer; Highway Sup't. Carl Bush; Glenn Reisweber and John Hoeschele from the Lime Hollow Center for Environment & Culture; Gary Wilcox; Tony Pace; Grace Meddaugh; News Reporters, Eileen Hughes from the Cortland Standard, and Sharon Stevans for Channel 2, Access TV. Supervisor Tupper called the meeting to order. Councilman Proud made a motion, seconded by Councilman Rocco, to approve the Final Town Board Minutes of January 7, 2009 as written. All voting aye, the motion was carried. The draft Town Board Minutes of March 18, 2009 were presented to the Board for their review. RESOLUTION #71 AUTHORIZE PAYMENT OF VOUCHERS — APRIL Motion by Councilman Rocco 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 General Fund B Highway Fund DB Trust & Agency Community Development Water Fund Sewer Fund Vouchers #174 - 190 $ 42,677.74 B40 - B48 $ 36,773.84 D96 - D114 $ 35,842.20 T14 - T14 $ 21,008.16 C1 - C8 $ 45,564.03 W80 - W94 $ 7,887.08 S36 - S38 $ 4,801.72 Supervisor Tupper offered privilege of the floor to Tony Pace. Tony Pace apprised the Board an issue arose regarding the payment of his mother's 2009 Town and County tax bill. The tax bill was due by January 31 st without penalty, however his mother would "not receive her social security check until February 3rd causing the payment to be late and incurring a penalty. Mr. Pace discussed the issue with Town Clerk/Tax Collector, Karen Q. Snyder, who suggested he contact the County Real Property Tax Office. After doing so, Mr. Pace learned that the Town has the authority to grant up to a 5-day extension for seniors to make their tax payment without penalty. Town Clerk/Tax Collector Snyder explained that if adopted by the Board, the extension would only apply to those who are approved for the Senior Citizens Exemption under §467 of the Real Property Tax Law. Mr. Pace commented that the extension should not create a lot of added work for the Tax Collector, because the tax bills would indicate those who receive the senior citizens exemption. Councilman O'Donnell stated it was his understanding that some seniors receive their social security payment according to their date of birth. He questioned whether the Board could accept payment according to when the seniors receive their checks. Supervisor Tupper commented that the State has not addressed such issue, as the 5-day extension is written into Town Law. Attorney Folmer stated he would be hesitant for the Board to adopt a resolution using the terminology "senior citizen" because not all seniors would qualify for the extension. Attorney 2 -7 APRIL 01, 2009 TOWN BOARD MEETING PAGE 2 Folmer apprised the Board he would draft a resolution to present at the next Town Board Meeting. If adopted, the extension would not be in effect until the 2010 Town and County tax year. It was also noted that the extension would not apply to the school tax bills. Overall, the Board was in favor of granting such extension for qualified seniors. They thanked Mr. Pace for bringing the matter to their attention. Supervisor Tupper offered privilege of the floor to Gary Wilcox. Gary Wilcox, resident of the Town, reminded the Board that he approached them three years ago and requested their help to annex a small piece of property that he owns on Bell Drive from the Village of Homer to the Town of Cortlandville. He questioned what the status was regarding his request. Attorney Folmer apologized to Mr. Wilcox for the delay. He explained that he contacted the Trustee of the DeMunn Trust who also had an interest in the annexation. He received consent from the attorney for the Trust to join in the petition for annexation. Attorney Folmer explained that the Statute that gives the authority for annexation requires a referendum, however only those who live in the affected area can vote. Since Mr. and Mrs. Wilcox are the only people who live in the affected area, they are the only people able to vote, which would result in a positive outcome. Attorney Folmer stated he had all the information needed in order to proceed with the annexation and would contact Mr. Wilcox as soon as possible. Supervisor Tupper apologized to Mr. Wilcox on behalf of the Board for the delay in his request. Supervisor Tupper offered privilege of the floor to John Hoeschele and Glenn Reisweber. John Hoeschele, President of the Board of Directors for the Lime Hollow Center for Environment & Culture, read a prepared statement to the Board, in which he requested the Town lend its official support to the effort to convince the State DOT to impose a 45 mph speed limit on McLean Road near the visitor and education center. Mr. Hoeschele cited numerous reasons for the reduction in speed limit, and included statistics of the number of visitors the center has every year. He requested the Board "join us in protecting Lime Hollow's many visitors by helping the DOT see the foolishness of maintaining the old speed limit in light of new circumstances." Glenn Reisweber, Executive Director of the Lime Hollow Center for Envirorment & Culture, thanked the. Board for their tireless effort to reduce the speed limit on McLeem Road. He stated that if the decision were up to the Board, the speed limit would have already been reduced. With regard to the McLean Road speed limit, Councilman Rocco stated that he asked for and received letters from the Dryden Central School District; Cortland City School District; Homer Central School District; Cortlandville Fire District; Lime Hollow Center for Environment & Culture; and Town resident, Joseph DeMarco. In addition to the countless letters received and filed over the years, Councilman Rocco would personally deliver the new packet of information to Carl Ford, Regional Director, NYS DOT. Copies would also be sent to Mark Silo, Chief Regional Director, NYS DOT, as well as to Donald Chambers, Cortland County Highway Superintendent. Monthly reports of the Town Clerk, Water & Sewer Department, and the Code Enforcement Officer for the month of March 2009 were on the table for review and are: filed in the Town Clerk's office. Supervisor Tupper and the Board acknowledged receipt of the 2009 Annual Water Quality Report submitted by Water & Sewer Sup't. Peter Alteri Jr. According to New York State Public Health Law, the Town is required to prepare and provide an Annual Water Quality Report to its customers. 277 APRIL 01, 2009 TOWN BOARD MEETING PAGE 3 RESOLUTION #72 SCHEDULE PUBLIC HEARING REGARDING THE APPLICATION TO NEW YORK STATE FOR FUNDING UNDER THE RESTORE NY ROUND 3 FUNDING PROGRAM Motion by Councilman Proud Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED, a Public Hearing is hereby scheduled for April 15, 2009 at 5:00 p.m. regarding the application to New York State for funding under the Restore NY Round 3 Funding Program, for the Brockway/Homeville Museum Complex and the Cortland Repertory Theater. Councilman Rocco made a motion, seconded by Councilman O'Donnell, to receive and file correspondence from Carol Tytler, Cortland County Legislature, Flooding & Storm Water Management Advisory Committee, dated March 19, 2009, regarding the development of storm water ordinances throughout all municipalities within the county. All voting aye, the motion was carried. For the record, Supervisor Tupper commented that the Town of Cortlandville has a very strict stormwater management plan. The Town is also the only municipality that has an Aquifer Protection Law. Councilman Rocco made a motion, seconded by Councilman Testa, to receive and file correspondence from Water & Sewer Sup't. Peter Alteri Jr., dated March 23, 2009, updating the Board on the billing rate increase. All voting aye, the motion was carried. The Board thanked Water & Sewer Sup't. Alteri for the rate analysis, and noted that the water and sewer rates would be reviewed on an annual basis. Councilman Proud made a motion, seconded by Councilman Rocco, to receive and file correspondence from Diana L. Graser, P.E., Regional Traffic Engineer, NYS DOT, dated March 25, 2009, acknowledging the Town's request for a lower speed limit on Route 13 between South Cortland -Virgil Road and Gracie Road. All voting aye, the motion was carried. Councilman Rocco made a motion, seconded by Councilman Testa, to receive and file the following correspondence regarding the Town's ongoing request for a reduction to the speed limit on McLean Road, between Deerfield Heights and the Cortland County/Tompkins County line. All voting aye the motion was carried. 1.) John Hoeschele, President, Lime Hollow Center for Environment & Culture, dated April 1, 2009 2.) Lime Hollow Center for Environment & Culture — Fact Sheet, and Lime Hollow's Woodland Whispers newsletter, dated Winter/Spring 2009 3.) Sandra R. Sherwood, Superintendent of Schools, Dryden Central School District, dated March 19, 2009 4.) Mary Applegate, Interim Transportation Supervisor, Dryden Central School District 5.) Laurence T. Spring, Superintendent of Schools, Cortland City School District, dated March 16, 2009 6.) Certified Board Resolution, Cortland City School District, approved March 24, 2009, and attached letter from Paul E. Marshall, Vice President, Board of Education, Cortland City School District, dated March 24, 2009, to Carl Ford, Regional Director, NYS DOT 7.) Douglas B. Larison, Superintendent of Schools, Homer Central School District, dated March 12, 2009 8.) Kevin Whitney, Vice Chairman, Cortlandville Fire District, dated March 19, 2009 9.) Joseph J. DeMarco, Town Resident, dated March 22, 2009, to Carl Ford, Regional Director, NYS DOT Z-78 APRIL 01, 2009 TOWN BOARD MEETING PAGE 4 RESOLUTION #73 AUTHORIZE REQUEST TO REDUCE SPEED LIMIT ON MCLEAN ROAD Motion by Councilman Rocco Seconded by Councilman Testa VOTES: ALL AYE ADOPTED WHEREAS, since documentation of January 26, 1971 the Town Board has persistently submitted requests for a reduction in speed limit on McLean Road, a heavily traveled County Road in the Town of Cortlandville, and WHEREAS, such requests have included numerous letters and petitions from Town residents; letters of support from State Senator James Seward and former Member of Assembly, 1251h District, Martin A. Luster; requests from the Dryden Central School District, and the Lime Hollow Center for Environment and Culture; traffic reports from the New York State; Police; accident reports from the Cortlandville Fire District; newspaper articles; and photographs depicting road conditions, vehicles in distress, and personnel called to the scene of accidents, and WHEREAS, the State of New York Department of Transportation has continuously denied the Towns requests indicating that the "roadside development and highway characteristics justify retaining the existing speed limit," a decision that is not acceptable to the Town Board, and WHEREAS, requests were once again received to reduce the speed limit on McLean Road to 45 mph from Deerfield Heights to the Cortland/Tompkins line from the following: Dryden. Central School District, Superintendent of Schools, dated March 19, 2009; Dryden Central Schools, Transportation Supervisor; Cortland City School District, Superintendent of Schools, dated March 16, 2009; Cortland City School District, Board of Education, dated March 24, 2009; Homer Central School District, Superintendent of Schools, dated March 12, 2009; Cortlandville Fire District, dated March 19, 2009; Town resident, Joseph J. DeMarco, dated March 22, 2009; John Hoeschele, President of the Lime Hollow Center for Environment & Culture, dated April 1, 2009; and the Lime Hollow Center for Environment and Culture (Fact Sheet); therefore BE IT RESOLVED, the Town Board does hereby authorize and direct that this request bypass the formal procedure for filing the application of speed limit reduction to the NYS DOT for approval via the Cortland County Highway Superintendent, and it is further RESOLVED, the Town Board does hereby authorize and direct that this request be hand delivered to Carl F. Ford, Regional Director, Region Three, of the NYS DOT; that copies be sent to Mark Silo, Chief Regional Director of the NYS DOT; and that copies be sent Donald Chambers, Cortland County Highway Superintendent. There was discussion regarding the application submitted by Tops Markets, LLC for a proposed gas station to be located in the Tops parking lot on NYS Route 281. Supervisor Tupper acknowledged receipt of correspondence from the Cortland County Health Department and Cortland County Environmental Health to Katherine Wickwire, Chair of the Town Planning Board, opposing the gasoline station proposed for the Tops ]plaza in Cortlandville. The Health Department recommended the application be rejected stating that it posed a significant threat to the municipal water supply. Attorney Folmer apprised the Board that he and Councilman Proud attended the March 31, 2009 Town Planning Board meeting in which the application for the proposed gas station was discussed. He anticipated that Tops would submit its final plan for the gas station by the end of April, at which point the Planning Board would declare its intent to act as lead agency for SEQRA purposes. Attorney Folmer explained that the applicant attended a few Planning Board meetings and was trying to adapt its plan to accommodate comments made by the Planning Board. He commended the Planning Board for dealing with the difficult application in an objective manner, realizing both Tops' financial interests as well as the Town's interests regarding the location of the proposed gas station and the aquifer. Councilman Proud agreed that the Planning Board has already put a lot of effort and thought into the issues they have to address for the Town. He noted that one of the major issues was with regard to the tanks, and whether Tops could install the tanks above ground. Tops would have its engineers prepare the plan and report back to the Planning Board. Councilman Rocco voiced his concern regarding the proposed gas station and above ground tanks. I F� 2-79 APRIL 01, 2009 TOWN BOARD MEETING PAGE 5 Attorney Folmer stated that the Planning Board would have to examine the issue as they review the project. If the project moved forward and was approved it would set a certain degree of precedent for other installations to be placed in the aquifer protection zone. He stated that the application gives the Planning Board the opportunity to look at the Route 281 corridor and decide what the corridor should look like in the future. He also apprised the Board that John Helgren, Cortland County Health Department, attended the March Planning Board meeting. Mr. Helgren suggested the Town review its aquifer protection program and determine areas where gas stations could be located with a reasonable degree of safety for the aquifer. The Planning Board was aware that the decision they make regarding the application for a gas station at the Tops plaza would have a long lasting affect economically, environmentally, and developmentally on the future of the Route 281 corridor. The concern regarding above ground tanks was being discussed because the Planning Board wants to look at safety provisions of an above ground tank versus an in -ground tank. Attorney Folmer stated that the Planning Board would make a recommendation to the Town Board at the appropriate time regarding the issuance or denial of an aquifer permit. He cautioned the Town Board to let the Planning Board do their job. There was a brief discussion regarding Time Warner Cable and the amount of time given to place a telephone call before the dial tone becomes a busy signal. Councilman Rocco apprised the Board he noticed that Time Warner reduced the amount of time it gives customers to make a phone call to 12 seconds. Verizon on the other hand gives its customers 18 seconds. Councilman Rocco stated that the decrease in time causes problems for not only himself, but for the elderly and those who have disabilities. Councilman Rocco spoke with a representative of Time Warner who suggested a letter be written asking for an explanation for why the time was reduced. Councilman O'Donnell agreed that writing a letter would be a "good public service." RESOLUTION #74 AUTHORIZE THE TOWN ATTORNEY TO WRITE A LETTER TO TIME WARNER CABLE REGARDING THE AMOUNT OF TIME GIVEN TO CUSTOMERS TO PLACE A TELEPHONE CALL Motion by Councilman Testa Seconded by Councilman Proud VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby authorize and direct Town Attorney, John Folmer to write a letter to Time Warner Cable regarding the Town's concern with the inadequate amount of time given to customers to place a telephone call, and it is further RESOLVED, that copies of the letter be sent to the Town's local representative of Time Warner Cable as well as to the Cable Commission. Attorney Folmer apprised the Board he already drafted a letter that he would review with Supervisor Tupper before mailing. No further comments or discussion were heard. Councilman Rocco made a motion, seconded by Councilman Testa, to adjourn the Regular Meeting. All voting aye, the motion was carried. The meeting was adjourned at 5:50 p.m. Respectfully submitted, Karen Q. Snyder, RMC Town Clerk Town of Cortlandville *Note: The final version of this meeting was submitted to the Town Board for their review on May 6, 2009. The final version of this meeting was approved as written at the Town Board meeting of z1120.09.