HomeMy WebLinkAbout05-06-2009MAY 06, 2009 7:00 P.M.
TOWN BOARD MEETING
1-1
1
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: Supervisor, Richard Tupper
Councilman, Theodore Testa
Councilman, Ronal L. Rocco
Councilman, John Proud
Town Clerk, Karen Q. Snyder, RMC
Others present were: Town Attorney, John Folmer; Former Councilman, Edwin O'Donnell;
Luann King representing Senator James Seward; Village of McGraw Mayor, Pamela Ross; County
Legislator, Danny Ross; Gregory and Barbara Leach; Carl and Lola Leach; Patrick Leach; Chad and
Andrea Niggli; Sarah Bilodeau; Sarah Leach; News Reporters, Eric Mulvhill from WXHC, Eileen
Hughes from the Cortland Standard, and Sharon Stevans for Channel 2, Access TV.
Supervisor Tupper called the meeting to order.
Supervisor Tupper requested the Board move to agenda item H-11 regarding the
appointment of a new Councilperson for the Town of Cortlandville Town Board, to fill the vacancy
of retired Councilman Edwin O'Donnell.
Councilman Testa nominated Gregory Leach for the appointment. No other nominations
were made.
RESOLUTION #87 APPOINT GREGORY K. LEACH AS COUNCILMAN FOR
THE TOWN OF CORTLANDVILLE
Motion by Councilman Testa
Seconded by Councilman Rocco
VOTES: ALL AYE ADOPTED
WHEREAS, due to the resignation for retirement of Edwin O'Donnell, an elected Councilman
for the Town of Cortlandville Town Board, a vacancy has occurred, therefore
BE IT RESOLVED, the Town Board of the Town of Cortlandville does hereby appoint Gregory
K. Leach, 3245 W. River Rd., Cortland, New York as Councilman for the Town of Cortlandville,
effective immediately, and it is further
RESOLVED, that such term shall expire December 31, 2009.
Town Clerk Snyder swore Mr. Leach into office by reading him the official oath.
Supervisor Tupper announced that the Town Board was looking forward to the arrival of
the New York Jets NFL football team to Cortlandville and Cortland County for training this
summer. He stated that their presence would create an economic boom in the community.
Members of the Board presented former Councilman, Edwin O'Donnell with a plaque in
honor of his service to the Town of Cortlandville as Councilman for the past thirty years. The
plaque read, "Thank you for your dedication and honesty in all of your actions on behalf of the
citizens of the Town of Cortlandville. Your thoughtfulness and sound advice will be missed. Ed
O'Donnell, Town Councilman 1979-2009."
Mr. O'Donnell thanked the Board for their kind words and welcomed Gregory Leach
aboard as the next Town Councilman.
Supervisor Tupper offered privilege of the floor to Luann King.
Luann King, representing Senator Seward's office, apprised the Board the Senator was.
"on the floor today" working on a citation for Edwin O'Donnell, which read as follows:
MAY 06, 2009
TOWN BOARD MEETING
PAGE 2
In recognition of Edwin O'Donnell, Cortlandville Town Board:
Whereas, elected to the Town Board in 1980, he has served the residents 30 years;
Whereas, he has been instrumental in the development of the town park. in Blodgett Mills and
improved services for the residents of Cortlandville;
Whereas, in the sense of the Senate to celebrate and to recognize those who contribute to the
quality of life in this state, this community, and the people that they serve;
I, James Seward, New York State Senator, hereby issue this citation to Edwin O'Donnell in
recognition of his outstanding service.
Ms. King stated that Senator Seward would return to Cortland with a stamped citation to present
to Mr. O'Donnell.
Members of the Board acknowledged that while Councilman O'Donnell was elected to
the Town Board in 1980, he was appointed in 1979. Therefore, he served the Town and its
residents for 30 years.
Councilman Proud made a motion, seconded by Councilman Testa, to approve the Final
Town Board Minutes of March 18, 2009 as written. All voting aye, the motion was carried.
RESOLUTION #88 AUTHORIZE PAYMENT OF VOUCHERS — MAY
Motion by Councilman Rocco
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the vouchers submitted have been audited and shall be paid as follows:
General Fund A
Vouchers #221 - 365
$114,007.17
General Fund B
B61 - B86
$
57,902.62
Highway Fund DB
D137 - D161
$
31,795.14
Trust & Agency
T15 - T17
$
25,567.61
Special Grant
C9 - C 13
$
17,780.80
Water Fund
W109 - W120
$
15,654.32
Sewer Fund
S46 - S46
$
1,861.18
Supervisor Tupper offered privilege of the floor to those in attendance.
Councilman Rocco reported on the May 2, 2009 dedication and opening of the Ted Testa
Park, and recognized Councilman Testa for his tireless efforts making his dream of the park a
reality.
Monthly reports of the Town Clerk, Tax Collector, Water & Sewer Department, and
Code Enforcement Officer for the month of April 2009, and for the Supervisor for the months of
January, February, March, and April 2009, were on the table for review and are filed in the Town
Clerk's Office.
Supervisor Tupper apprised the Board he received a few communications on behalf of the
Town. The Town Board was invited to attend an open house on May 9, 2009, from 4:00-6:00
p.m. at Yaman Real Estate to celebrate Jim Yaman's 90t' Birthday. The Town also received a
thank you note from Ed and Eileen O'Donnell, thanking the Board and Town employees for Ed's
wonderful retirement party.
There was a brief discussion regarding the well testing being conducted in Blodgett Mills.
The next step in the process to be completed by Town Engineer, Hayne Smith involved drilling a
6-foot well to test the water quality and volume.
Councilman Rocco made a motion, seconded by Councilman Testa, to receive and file
the Renewal Application Notice Form from Bruench Inc., received April 27, 2009, regarding the
renewal of the liquor license for Doug's Fish Fry located at 3638 Route 281 in the Town of
Cortlandville. All voting aye, the motion was carried.
1
MAY 06, 2009
TOWN BOARD MEETING
PAGE 3
Attorney Folmer had nothing to report to the Board.
Councilman Proud made a motion, seconded by Councilman Rocco, to receive and file
the following executed documents with regard to the Wal-Mart Supercenter from Attorney Kelly
A. Pronti, Harter Secrest & Emery LLP: Executed Stormwater Facilities Access and
Maintenance Agreement; Executed Monitoring Well Access Agreement; and the Executed
Fairview Drive Escrow Agreement. All voting aye, the motion was carried.
Councilman Proud made a motion, seconded by Councilman Testa, to receive and file
correspondence from Attorney Kelly A. Pronti, Harter Secrest & Emery LLP, dated April 16,
2009, regarding the Wal-Mart Supercenter and the Escrow Agreement with the Town for the
Fairview Drive Improvements. All voting aye, the motion was carried.
Councilman Proud made a motion, seconded by Councilman Rocco, to receive and file
the Memorandum from Pat Reidy, Cortland County Soil & Water Conservation District, dated
April 16, 2009, regarding the 2008 TCE Monitoring in the Otter -Dry Creek Aquifer. All voting
aye, the motion was carried.
Supervisor Tupper acknowledged Ed Teeter who was in attendance on behalf of his
daughter, Lorrie White. Mrs. White requested a "tax exemption" for the water and sewer benefit
tax for her parcels located on Kinney Gulf Road in the Town of Cortlandville.
Supervisor Tupper read Assessor Briggs' response to the request: "The Town's Water &
Sewer Ordinance states that properties where the services are available are benefited and should
be charged the water & sewer benefit tax. There are numerous properties throughout the water
and sewer district that are not connected to the water or sewer service, but are charged and pay
the benefit tax." Assessor Briggs recommended the benefit tax not be forgiven due to the
availability of Town water and sewer.
The Board agreed with Assessor Briggs' comments. They explained to Mr. Teeter that
property becomes more valuable when water and sewer is available, regardless of whether or not
the property is connected to the service.
RESOLUTION #89 DENY REQUEST OF JEFF AND LORRIE WHITE TO
REMOVE THE WATER AND SEWER BENEFIT TAX FOR
PROPERTIES LOCATED ON KINNEY GULF ROAD
Motion by Councilman Proud
Seconded by Councilman Rocco
VOTES: ALL AYE ADOPTED
WHEREAS, a request was received from Jeff and Lorrie White requesting the Water and Sewer
Benefit Tax be removed from the 2009 Town and County tax bill for properties located on
Kinney Gulf Road, and
WHEREAS, such request was reviewed by Town Assessor, David Briggs who recommended the
Water and Sewer Benefit Tax not be forgiven due to the availability of both town water and
sewer to the property, therefore
BE IT RESOLVED, the Town Board does hereby deny the request for the removal of the Water
and Sewer Benefit Tax for properties located on Kinney Gulf Road, tax map #86.00-03-10.000
& 86.00-03-11.000, owned by Lorrie White.
Councilman Proud made a motion, seconded by Councilman Testa, to receive and file
correspondence from Planning & Zoning Officer, Bruce Weber to Walgreen Co., dated April 28,
2009, regarding the stormwater system test performed at Walgreens, located at 3948 Route 281
in the Town of Cortlandville, in which it was confirmed that the systems were not working as
designed; and to receive and file the attached Memorandum from Pat Reidy, Cortland County
Soil & Water Conservation District, dated April 28, 2009, regarding the Hydraulic Test of
Walgreens Stormwater System. All voting aye, the motion was carried.
290
MAY 06, 2009 TOWN BOARD MEETING PAGE 4
Councilman Proud made a motion, seconded by Councilman Rocco, to receive and file a
copy of the Draft Environmental Impact Statement for the proposed Cortland County Airport
project, from Jeremy Boylan, Clerk of the Cortland County Legislature, which was submitted to
the FAA for approval. All voting aye, the motion was carried.
Councilman Testa made a motion, seconded by Councilman Proud, to receive and file
correspondence from Clough Harbour & Associates, dated April 21, 2009, regarding the Revised
Site Plan for the proposed Tops Market Fuel Service Station, as well as the following related
documents:
a) Correspondence from Christopher Wood, P.E., Carmina, Wood, Morris
Architecture Engineering Interior Design, dated April 27, 2009; Site Plan
Maps dated March 17, 2009; and the "Sequence of Action Plan for Motor
Fuel System Monitoring
b) Correspondence from the City of Cortland Common Council to Kathy
Wickwire, Cortlandville Planning Board Chair, dated April 20, 2009
c) Correspondence from Town Water & Sewer Sup't., Peter Alteri Jr. to
Supervisor Tupper, dated April 27, 2009
d) Correspondence from Chad Loomis, Cortland County Legislator representing
the City of Cortland 81h Ward, to Supervisor Tupper, dated April 28, 2009
e) Correspondence from Jamie Dangler, CAPE Executive Board, to Kathy
Wickwire, Planning Board Chair and Supervisor Tupper, dated April 28,
2009; attached "Letter to the Editor" submitted to the Cortland Standard on
behalf of CAPE
f) Correspondence from Patricia Roiger and Ed Triana to the Cortlandville
Town Board and Planning Board, dated April 28, 2009
Attorney Folmer briefly discussed the procedure for the proposed Tops Market Fuel
Station with the Board.
RESOLUTION #90 AUTHORIZE SUPERVISOR TO AMEND THE 2009 BUDGET
TO ESTABLISH A NEW EXPENSE ACCOUNT, PUBLICITY
FUND, AND TO TRANSFER FUNDS TO THAT ACCOUNT
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
establish a new expense account - Publicity Fund (A6410.4), and to transfer $3,000.00 from
Contingency Fund (A 1990.4) to the new fund, and it is further
RESOLVED, the 2009 Budget is hereby amended.
RESOLUTION #91 APPOINT RONAL L. ROCCO AS INTERIM TOWN
HISTORIAN
Motion by Councilman Testa
Seconded by Councilman Leach
VOTES: ALL AYE ADOPTED
Abstained by Councilman Rocco
BE IT RESOLVED, the Town Board does hereby appoint Ronal L. Rocco, 710 Bowling Green,
Cortland, New York as Interim Town Historian for the Town of Cortlandville, and it is further
RESOLVED, that such appointment shall be effective January 1, 2009 and shall expire
December 31, 2009, with no salary.
MAY 06, 2009 TOWN BOARD MEETING PAGE 5
No further comments or discussion were heard.
Councilman Proud made a motion, seconded by Councilman Rocco, to adjourn the
Regular Meeting. All voting aye, the motion was carried.
The meeting was adjourned at 7:45 p.m.
I
TRespe tfully submitted,
V-X—�
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 June 17, 2009.
The final version of this meeting was approved as written at the Town Board meeting ofJuly 1, 2009.
1
LJ