HomeMy WebLinkAbout05-20-2009z9Z_
MAY 20, 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, John Proud
Councilman, Gregory Leach
Town Clerk, Karen Q. Snyder, RMC
Excused: Councilman, Ronal L. Rocco
Others present were: Town Attorney, John Folmer; Highway Sup't. Carl Bush; Grace
Meddaugh; Barb 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. He reminded the Board and the public the
next Town Board Meeting would be held June 3, 2009 at 7:00 p.m. at the Blodgett Mills
Independent Baptist Church in Blodgett Mills, New York.
Councilman Rocco was excused from the meeting.
Councilman Proud made a motion, seconded by Councilman Testa, to approve the Final
Town Board Minutes of April 1, 2009 as written. All voting aye, the motion was carried.
Councilman Proud made a motion, seconded by Councilman Leach, to receive and file
the Cortlandville Planning Board Minutes of February 24, 2009. All voting aye, the motion was
carried.
Councilman Proud made a motion, seconded by Councilman Leach, to receive and file
the Cortlandville Planning Board Minutes of March 31, 2009. All voting aye, the motion was
carried.
Councilman Proud made a motion, seconded by Councilman Leach, to receive and file
the Cortlandville Zoning Board of Appeals Minutes of March 31, 2009. All voting aye, the
motion was carried.
RESOLUTION #92 AUTHORIZE PAYMENT OF VOUCHERS — MAY
Motion by Councilman Proud
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 #366 - 398
$
20,741.88
General Fund B
B87 - B106
$
29,585.63
Highway Fund DB
D162 - D178
$
54,784.84
Trust & Agency
T18 - T18
$
21,622.31
Special Grant
C 14 - C 16
$
2,13 8.00
Water Fund
W121 - W134
$
10,381.24
Sewer Fund
S47 - S54
$
73,021.43
Councilman Testa voiced his concern regarding the speed limit on Starr Road,
specifically near the Ted Testa Park. The Town requested a reduction in speed limit in 2008 that
was denied. Councilman Testa felt that the concern was still valid, especially because of the
number of cars traveling the road, and the number of children utilizing the park.
Councilman Proud suggested the Board contact Senator Seward's office regarding their
concern and request his support for the reduction in speed limit on Starr Road between Route
215 and Page Green Road.
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MAY 20, 2009 TOWN BOARD MEETING PAGE 2
The monthly report of the Town Justice for the month of April 2009 was on the table for
review and is filed in the Town Clerk's Office.
Councilman Proud made a motion, seconded by Councilman Testa, to receive and file the
2008 Annual Report of the Cortland County Area Agency on Aging. All voting aye, the motion
was carried.
In his absence, Town Clerk Snyder read aloud a communication from Councilman Rocco
to Glenn Reisweber and the Lime Hollow Nature Center Board, dated May 20, 2009, regarding
the NYS DOT's refusal to lower the speed limit on McLean Road.
Councilman Rocco noted his "extreme disappointment at the DOT" in their decision not
to reduce the speed limit on McLean Road. It was his understanding that Tompkins County also
requested a reduction in speed limit to 45 mph from McLean to the Cortland County line, which
the DOT did not approve. Councilman Rocco suggested that, "any provision made for Cortland
County would irritate the Tompkin's County people and create a `continuing problem for the
DOT to further reduce the area of speed reduction'." Councilman Rocco thanked Mr. Reisweber
and the Lime Hollow Nature Center Board on behalf of the Town Board for their efforts to get
the speed limit reduced.
Councilman Proud made a motion, seconded by Councilman Testa, to receive and file the
Certificate of Attendance - Board of Assessment Review Training, and Oath of Office for Louis
Closson, Member of the Town of Cortlandville Board of Assessment Review, from the New
York State Office of Real Property Services. All voting aye, the motion was carried.
Councilman Testa made a motion, seconded by Councilman Proud, to receive and file
correspondence and the Renewal Application Notice Form from Skene Law Firm, P.C. on behalf
of TLC Central LLC, dated May 8, 2009, regarding the renewal of the liquor license for
Applebee's Neighborhood Grill & Bar located at 856 NYS Route 13 in the Town of
Cortlandville. All voting aye, the motion was carried.
Councilman Testa made a motion, seconded by Councilman Proud, to receive and file
correspondence and the Renewal Application Notice Form from Pomeroy, Armstrong, Castillo &
Monty, LLP, dated May 5, 2009, regarding the renewal of the liquor license for Uncle Louie's
Backyard located at 294 Tompkins Street (1071 Route 13) in the Town of Cortlandville. All
voting aye, the motion was carried.
Attorney Folmer reported:
Amendments to Town Zoning Code:
Attorney Folmer reminded the Board that at the April 4, 2009 Town Board Meting they
received and filed proposed amendments to the Town Zoning Code, which was submitted by the
committee created to review the Zoning Code. He questioned whether the Board had comments
they wanted to make about the proposed document.
Supervisor Tupper stated he was concerned with the proposed amendments to the Town
Zoning Code as there were significant changes to the B-1, B-2, and B-3 zones. After speaking
with members of the Board, he suggested the proposed amendments be submitted to Walt Kalena
from the Town's engineering firm, Clough Harbour & Associates, LLP for review and
recommendations. The Board agreed that because Mr. Kalena drafted the Town's current
Zoning Code, he should be consulted with for any significant changes.
Attorney Folmer stated he did not have a problem submitting the proposed amendments
to Clough Harbour & Associates for review. He wanted to make sure the proposed amendments
did not get "lost in the shuffle" and forgotten.
Supervisor Tupper and the Board agreed to forward the proposed amendments to Walt
Kalena at Clough Harbour & Associates for review, and requested that comments be returned
within 30 days. A work session was scheduled for June 19, 2009 at 9:00 a.m. to discuss the
proposed amendments with Planning & Zoning Officer, Bruce Weber, and other members of the
committee that wrote the proposed changes.
MAY 20, 2009 TOWN BOARD MEETING PAGE 3
Workplace Violence Policy:
Attorney Folmer presented the Board with a draft of the proposed Workplace Violence
Policy that the Town is required to have in place. He requested the Board review the policy to
discuss at the next Town Board Meeting.
Councilman Proud made a motion, seconded by Councilman Testa, to receive and file the
"Material Events Notification" from Fiscal Advisors & Marketing, Inc., dated April 27, 2009,
regarding a rating change of various bonds issued to the Town. All voting aye, the motion was
carried.
There was discussion regarding correspondence from Water & Sewer Sup't. Peter Alteri,
regarding properties in the Town of Cortlandville that have not yet connected to public sewer, a
violation of Cortland County Sanitary Code Article XV Section 3.1-3.2.
Town Clerk Snyder apprised the Board that in 2008 her office mailed letters to property
owners who had not connected to public sewer after it was available from the Highland Road
Sewer Improvement Project. She did not, however, mail letters to all property owners who had
not connected to public sewer in the Town, which according to Water & Sewer Sup't. Alteri's
report included 80 properties; 33 parcels alone were not connected after service became available
in 2006. Although not connected, the property owners were paying the sewer benefit tax.
The Board discussed the concern and how to proceed with enforcement. Attorney
Folmer commented that if the Board agreed to send letters to people who were not in
compliance, the Board would have to be prepared to take the next step of enforcement. Attorney
Folmer requested the Board discuss the issue at the June 3, 2009 Town Board meeting, which
would allow him time to research the matter.
Councilman Proud made a motion, seconded by Councilman Testa, to receive and file
correspondence from Water & Sewer Sup't. Peter Alteri Jr., dated May 14, 2009, regarding
properties in the Town of Cortlandville that have not yet connected to public sewer, a violation
of Cortland County Sanitary Code Article XV Section 3.1-3.2. All voting aye, the motion was
carried.
Councilman Proud made a motion, seconded by Councilman Testa, to receive and file the
following from the Town of Virgil Planning Board regarding the proposed Virgil Country Store,
property located on Webb Road and NYS Route 13 in the Town of Virgil: the Notice of
Completion of the Draft Environmental Impact Statement; the Notice of SEQR Public Hearing to
be held June 22, 2009; and a copy of the Draft EIS dated May 3, 2009. All voting aye, the
motion was carried.
There was discussion regarding a request from Kenneth Anthonson, Dr. Kristin Clark -
Lowell, and Mike Latta to reduce the speed limit on Luker Road. The property and business
owners were concerned that Luker Road does not have posted speed limit signs, thereby making
the road 55 MPH. Citing the fact that surrounding roads have speed limits of 35 MPH and 40
MPH, and that Luker Road has many commercial and industrial facilities in addition to
residences, the property owners felt the speed limit was "excessive for the area and its
surroundings." The Board agreed that the non -posted speed limit of 55 MPH was excessive and
should be reduced to no greater than 40 MPH.
RESOLUTION #93 AUTHORIZE REQUEST TO REDUCE SPEED LIMIT ON
LUKER ROAD
Motion by Councilman Leach
Seconded by Councilman Proud
VOTES: ALL AYE ADOPTED
WHEREAS, a request was received from property and business owners on Luker Road to reduce
the speed limit on Luker Road from the excessive, non -posted speed limit of 55 MPH to 40
MPH, and
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MAY 20, 2009
TOWN BOARD MEETING
PAGE 4
WHEREAS, Luker Road is a Town road, therefore
BE IT RESOLVED, the Town Board does hereby authorize and direct the request to reduce the
speed limit on the entire length of Luker Road to no greater than 40 MPH, from the intersection
of NYS Route 281 to McLean Road, be submitted to the NYS DOT for approval, via the
Cortland County Highway Superintendent for their input, as required.
Councilman Proud made a motion, seconded by Councilman Testa, to receive and file the
completed Restore NY Communities Initiative Round 3 grant application, dated May 4, 2009,
prepared and submitted by Thoma Development Consultants on behalf of the Town of
Cortlandville for the CNY Living History Center on Route 11. All voting aye, the motion was
carried.
Supervisor Tupper mentioned that he and Councilman Testa met with Clough Harbour &
Associates, LLP, regarding stimulus money from the federal government. Stimulus money had
not been released as anticipated, although the State acknowledged receipt of the Town's grant
applications for funding two projects: Polkville Water Project and Route 13 Sewer Project.
Councilman Testa made a motion, seconded by Councilman Leach, to receive and file
correspondence from Carl F. Ford, P.E., Regional Director of Transportation, NYS DOT, dated
May 13, 2009, regarding the Town's request for a lower speed limit on McLean Road, between
Deerfield Heights and the Cortland/Tompkins County line, which was not approved. All voting
aye, the motion was carried.
Supervisor Tupper apprised the Board that although the NYS DOT once again denied the
Town's request for a reduction in speed limit on McLean Road, the DOT made suggestions for
new signage to be implemented by the Cortland County Highway Department. The DOT would
conduct a follow up speed study in approximately one year. The Board was disappointed that
the request was not approved.
RESOLUTION #94 AUTHORIZE SUPERVISOR TO ABOLISH THE PART-TIME
CODE ENFORCEMENT OFFICER POSITION AND TO
CREATE THE POSITION FULL-TIME CODE
ENFORCEMENT OFFICER AT NO ADDITIONAL SALARY
Motion by Councilman Testa
Seconded by Councilman Proud
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to abolish
the part-time Code Enforcement Officer position and to create the position full-time Code
Enforcement Officer, and it is further
RESOLVED, there shall be no additional salary for the full-time Code Enforcement Officer.
RESOLUTION #95 APPOINT THOMAS A. WILLIAMS AS FULL-TIME CODE
ENFORCEMENT OFFICER FOR THE TOWN OF
CORTLANDVILLE
Motion by Councilman Proud
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby appoint Thomas A. Williams of 2 Bedford
Street, Homer, New York, to the full-time position of Code Enforcement Officer for the Town of
Cortlandville, effective May 25, 2009, at an annual salary of $45,500.00, and it is further
RESOLVED, the appointment shall be provisional, contingent on the successful completion of
the Civil Service Examination.
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MAY 20, 2009
PAGE 5
RESOLUTION #96
AUTHORIZE SUPERVISOR TO ABOLISH THE PART-TIME
CLERK POSITION AND TO CREATE THE POSITION FULL,
TIME ASSISTANT CODE ENFORCEMENT OFFICER
Motion by Councilman Testa
Seconded by Councilman Proud
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to abolish
the part-time Clerk position, and to create the position full-time Assistant Code Enforcement
Officer.
RESOLUTION #97 APPOINT DESIREE L. CAMPBELL AS FULL-TIME
ASSISTANT CODE ENFORCEMENT OFFICER FOR THE
TOWN OF CORTLANDVILLE
Motion by Councilman Testa
Seconded by Councilman Proud
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby appoint Desiree L. Campbell of 87 Homer
Avenue, Cortland, New York, to the full-time position of Assistant Code Enforcement Officer for
the Town of Cortlandville, effective May 25, 2009, at an annual salary of $24,970.00, and it is
further
RESOLVED, the appointment shall be provisional, contingent on the successful completion of
the Civil Service Examination.
RESOLUTION #98 AUTHORIZE SUPERVISOR TO AMEND THE 2009 BUDGET
TO ACCOUNT FOR THE SALARY OF THE FULLrTIME
ASSISTANT CODE ENFORCEMENT OFFICER
Motion by Councilman Proud
Seconded by Councilman Leach
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to amend
the 2009 Budget by increasing the salary for the newly appointed full-time Assistant Code
Enforcement Officer, Desiree L. Campbell, from $13.72 per hour to an annual salary of
$24,970.00.
Supervisor Tupper acknowledged Town Clerk, Karen Q. Snyder for being honored by the
New York State Senate for her input in the State budget process, specifically with regard to the
proposal to change the Clerk position from elected to appointed. A Resolution was passed by the
State Senate on May 5, 2009, honoring Town Clerk Snyder and her colleagues, all of the
Municipal Clerks of New York State, commemorating the week of May 3rd to May 9th, 2009 as
Municipal Clerks Week.
Town Clerk Snyder stated she was surprised to receive the State of New York Legislative
Resolution, and thanked Supervisor Tupper for acknowledging her. She also mentioned that she
met with Senator James Seward in regard to her concerns, and was proud to report he did not
support the proposal to change the elected Clerk position to appointed.
Supervisor Tupper apprised those in attendance that on behalf of the Town of
Cortlandville, a new "fixed" sign would be installed at the Cortlandville Fire Department, 999
NYS Route 13, welcoming the New York Jets to Cortlandville.
MAY 20, 2009 TOWN BOARD MEETING PAGE 6
297
No further comments or discussion were heard.
Councilman Proud made a motion, seconded by Councilman Testa, to adjourn the
Regular Meeting. All voting aye, the motion was carried.
The meeting was adjourned at 5:55 p.m.
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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 thdr review on June 17, 2009.
The final version of this meeting was approved as written at the Town Board meeting of July 15, 2009.
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