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HomeMy WebLinkAbout06-03-2009298 JUNE 03, 2009 7:00 P.M. TOWN BOARD MEETING The Regular Meeting of the Town Board of the Town of Cortlandville was held at the Blodgett Mills Independent Baptist Church, in Blodgett Mills, New York, with Deputy Supervisor Testa presiding. Members present: Deputy Supervisor, Theodore Testa Councilman, Ronal L. Rocco Councilman, John Proud Councilman, Gregory Leach Town Clerk, Karen Q. Snyder, RMC Absent: Supervisor, Richard Tupper Others present were: Town Attorney, John Folmer; Highway Sup't. Carl Bush; Barb Leach; Pastor Adams; Richard Cincotta; TJ and Dalyce Hewes; Sheila Peak; Dale and Barb Weaver; Donna Reome; News Reporter, Eileen Hughes from the Cortland Standard, and Grace Meddaugh for Channel 2, Access TV. Deputy Supervisor Testa called the meeting to order. RESOLUTION 499 AUTHORIZE PAYMENT OF VOUCHERS — JUNE Motion by Councilman Rocco 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 General Fund B Vouchers #399 - 419 B 107 - B 116 $ $ 18,419.09 3,470.65 Highway Fund DB D 179 - D 194 $ 11,294.69 Trust & Agency T19 - T20 $ 4,647.71 Special Grant C 17 - C21 $ 23,986.23 Water Fund W135 - W148 $ 9,472.22 Sewer Fund $ 419.54 Deputy Supervisor Testa offered privilege of the floor to Richard Cincotta. Richard Cincotta, property owner of the Blodgett Mills Post Office, commented on the sidewalks in Blodgett Mills and questioned whether it would be possible to extend the sidewalk to the Post Office. He stated it was dangerous for pedestrians to access the Post Office because they had to walk in the roadway. He suggested the Town get permission "to finish the ditch off with gravel" near the railroad tracks. Highway Sup't. Carl Bush apprised Mr. Cincotta that the Town received a grant to install sidewalks in Blodgett Mills, and spent additional money on the project as well. The railroad has special requirements for sidewalks, which he would look into. The Board thanked Mr. Cincotta for voicing his concerns, and stated they would report back to him. The monthly reports of the Code Enforcement Officer, Supervisor, Town Clerk, and Tax Collector, for the month of May 2009, 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 Angela Wanish, Principal, F.E. Smith School, dated May 20, 2009, notifying the Board that because of the Town's contract with the Lime Hollow Nature Center, F.E. Smith School was able to send one 6th grade student to the Lime Hollow Summer Camp 2009 on a scholarship. All voting aye, the motion was carried. 29,9 JUNE 03, 2009 TOWN BOARD MEETING PAGE 2 RESOLUTION #100 TABLE ACTION 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 Motion by Councilman Proud Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED WHEREAS, the Town Board received and filed correspondence from Water & Sewer Sup't. Peter Alteri Jr. at the May 20, 2009 Town Board Meeting regarding properties in the Town that have not yet connected to public sewer, but did not take action on the matter to allow time for Attorney Folmer to review the issue, and WHEREAS, Attorney Folmer requested the Board table action to allow time for further review, therefore BE IT RESOLVED, the Town Board does hereby table action 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, until the Town Board Meeting of June 17, 2009 to allow Attorney Folmer time to review the matter. Town Clerk Snyder reminded the Board that at the January 7, 2009 Town Board Meeting they tabled the adoption of the Town of Cortlandville Procurement Policy to allow time to revise the 2000 Procurement Policy to include changes. Attorney Folmer recalled that he and Supervisor Tupper discussed revisions to the Procurment Policy, but had not seen the proposed changes. Deputy Supervisor Testa thanked Town Clerk Snyder for bringing the matter to their attention, and tabled action until the June 17, 2009 Town Board Meeting. Attorney Folmer reported: Amendments to Town Zoning Code: Attorney Folmer reminded the Board they scheduled a work session to discuss the proposed revisions to the Town Zoning Code for June 19, 2009 at 9:00 a.m. Walt Kalena from Clough Harbour & Associates, and Bruce Weber, Planning & Zoning Officer, would be in attendance to discuss the proposed revisions. Pending Litigation: Attorney Folmer discussed litigation that was commenced against the Town due to an automobile accident that took place in the City of Syracuse, New York. The paperwork regarding the accident was forwarded to a firm in Rochester, New York that would be representing the Town through its insurance carrier. South Hill Dump: Attorney Folmer apprised the Board he was trying to gather some information concerning the old South Hill Dump in the Town of Cortlandville. The investigation was being hindered by the fact that the facility was open in the 1960s and 1970s. Attorney Folmer requested any information regarding the Dump from those who may have used it. Proposed Tops Markets Gas Station: The Town Planning Board, at the April 28, 2009 Planning Board Meeting, announced its intention to act as Lead Agency in regard to the application submitted by Tops Markets, LLC for a proposed fueling facility to be located at the Tops Plaza on NYS Route 281. Attorney Folmer did not anticipate that another agency would request lead agency status. The Planning Board would conduct a public hearing on June 30, 2009 at 7:30 p.m. regarding the application. 3dv JUKE 03, 2009 TOWN BOARD MEETING PAGE 3 Walgreens — Stormwater Management: Attorney Folmer commented on correspondence from Planning & Zoning Officer, Bruce Weber to Walgreen Co. concerning the stormwater system at the Route 281 location. The stormwater system at Walgreens was tested on April 27, 2009, in which it was confirmed that the systems were not working as designed. In order to bring the property into compliance, Mr. Weber requested that Walgreens submit a plan to the Town by June 29, 2009. Annexation of Bell Drive Property from the Village of Homer: Attorney Folmer briefly discussed the annexation of two small parcels on Bell Drive from the Village of Homer to the Town of Cortlandville. In order to accomplish the annexation both the Village and Town Boards would have to hold public hearings and make the determination that the annexation was in the best interest of both municipalities. A referendum would also be required. The only people who could vote are those who live in the affected area. Attorney Folmer sent correspondence to Patrick Perfetti, Attorney for the Village of Homer, and was waiting for his response before the Town proceeds any further. Workplace Violence Policy: Attorney Folmer recalled that he submitted a proposed Workplace Violence Policy to the Board for review at the May 20, 2009 Town Board Meeting. The Town is required to have such policy in place. Councilman Proud was the only member to submit comments, which included additional language. Attorney Folmer requested the Board submit their comments to him so he could incorporate any changes to the policy. Councilman Rocco briefly commented on the success of the Ted Testa Park on Starr Road and the Town's other parks. He mentioned many of the youth programs that the Town also supports, such as the Lime Hollow Nature Center, Holiday on Ice, and the numerous recreation programs for youths in the community. Councilman Rocco made a motion, seconded by Councilman Proud, to receive and file correspondence from Donald Tarr, CNY Territory Account Executive for Health Net, dated May 18, 2009, notifying the Town that Health Net would not be renewing the Medicare Advantage PFFS Employer Group plan for retirees for the Town of Cortlandville. All voting aye, the motion was carried. Councilman Proud made a motion, seconded by Councilman Leach, to receive and file correspondence from Bruce Weber, Town Planning & Zoning Officer, dated May 28, 2009, notifying the Board of the Town Planning Board's intent to act as Lead Agency relative to the SEQR requirements for the application of Tops Market, LLC, for a proposed accessory fueling facility. All voting aye, the motion was carried. Councilman Proud made a motion, seconded by Councilman Rocco, to receive and file correspondence from Diana L. Graser, P.E., New York State Department of Transportation, dated May 27, 2009, denying the Town's request for a reduced speed limit on NYS Route 13, between S. Cortland -Virgil Road and Gracie Road, in the Town of Cortlandville. All voting aye, the motion was carried. Councilman Rocco commented on the Town's efforts to reduce the speed limit on many roads and highways in the Town of Cortlandville. He mentioned that Route 41A, a major highway in Cayuga County, has a 2-mile section in which the speed limit is 30 MPH, although there is nothing on the left or right side of the road for 1000 ft. The Town, on the other hand, was unable to get the speed limit reduced on roads such as McLean Road and Starr Road where the speed limit is of grave concern. Residents of Blodgett Mills spoke of their concerns regarding motorists speeding and ignoring stop signs in Blodgett Mills, specifically on Saturday nights when the racetrack is open. Councilman Rocco stated the Town would contact the County Sheriff regarding their concern and ask that they patrol the area on the weekend. 1 1 1 301 JUNE 03, 2009 TOWN BOARD MEETING PAGE 4 Councilman Rocco made a motion, seconded by Councilman Leach, to receive and file correspondence from Bruce Weber, Town Planning & Zoning Officer, to Walgreen Co., dated June 3, 2009, giving notice that property located at 3948 Route 281, owned by Shoppers for Cortlandville LLC and Flower View Cortlandville LLC, tax map #86.13-01-49.000, was in violation of the Code of the Town of Cortlandville, Chapter 178 Section 95 C, because the stormwater system was not working as designed. All voting aye the motion was carried. The Board discussed the inadequate stormwater system at Walgreens located on NYS Route 281. Councilman Proud stated the stormwater system was very elaborate, but was not working. Deputy Supervisor Testa questioned whether the Town had anyone monitoring the system on a specific schedule. Attorney Folmer did not believe the Town had anything specifying the monitoring, however Code Enforcement Officer, Tom Williams, drafted a policy for monitoring two separate systems; for an above ground monitoring system and a below ground monitoring system. At the Planning Board meeting, a suggestion was made that one way to deal with the monitoring situation would be for the Planning Board, as they issue the approval of the system, that they include a condition that certain reports be generated and submitted to the Planning Board for review. Members of the Planning Board have been discussing the situation with the County Soil & Water Conservation District. There was a brief discussion regarding the future Wal-Mart Supercenter. Deputy Supervisor Testa apprised those in attendance that Wal-Mart went out to bid for the project. He anticipated the bid would be awarded within the next few weeks, and soon thereafter construction would commence. Councilman Rocco commented that the Town and the NYS DOT were waiting for Wal- Mart to break ground before any road construction would commence. Attorney Folmer added that the NYS DOT also had issues with the traffic pattern, which they have since resolved. Deputy Supervisor Testa reported on the well testing conducted in Blodgett Mills by Town Engineer, Hayne Smith, in which another water source was located. Engineer Smith believed the water that was found could be a second aquifer. The Town did not have any plans to bring public water or sewer to Blodgett Mills at this time, but was looking for another water source for the future as a "backup" supply to service the Town of Cortlandville and the City of Cortland. Deputy Supervisor Testa told the residents of Blodgett Mills not to be concerned with the water supply at this time. Councilman Rocco apprised those in attendance of the problem that occurred on Highland Road in the Town of Cortlandville. Although public water was available, many property owners used private wells along with their private septic tanks; sewer was not available. Many septic tanks failed and caused problems with the wells, which resulted in the need for the Town to run sewer to the area. Councilman Rocco stated that the residents of Blodgett Mills should be comforted by the fact that in the future, and if necessary, public water could be available. Deputy Supervisor Testa apprised those in attendance that he, Supervisor Tupper, and Engineer Smith would meet at the well test site to discuss Engineer Smith's results. Deputy Supervisor Testa apprised the Board he received a request from Jim Wildman for privilege of the floor to discuss the Cortland County Fair and the possibility of temporarily closing Fairground Drive for thru traffic. Because Mr. Wildman was not in attendance, Deputy Supervisor Testa requested Highway Sup't. Bush discuss the request. Highway Sup't. Bush explained that the Cortland County Ag. Corp. requested the temporary closure of a portion of Fairgrounds Drive and Carroll Street, near the agriculture buildings, during the Cortland County Fair in July 2009. Deputy Supervisor Testa requested that no action be taken on the matter to allow Mr. Wildman to be present at the June 17, 2009 Town Board Meeting for further clarification. 3oz. JUKE 03, 2009 TOWN BOARD MEETING PAGE 5 No further comments or discussion were heard. Councilman Rocco made a motion, seconded by Councilman Proud, to adjourn the Regular Meeting. All voting aye, the motion was carried. The meeting was adjourned at 8:00 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 July 1, 2009. The final version of this meeting was approved as written at the Town Board meeting of August 5, 2009. 1 1