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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. 2 93 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 z 9s 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. z 9/ 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. 1 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. fl 1