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HomeMy WebLinkAbout07-01-2009JULY 01, 2009 mile]' ma 307 LJ �1 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 Deputy Town Clerk, Kristin Rocco-Petrella Excused: Councilman, Ronal L. Rocco Town Clerk, Karen Q. Snyder, RMC Others present were: Town Attorney, John Folmer; Highway Sup't. Carl Bush; Michael Stevens; News Reporter, 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 Testa, to approve the Final Town Board Minutes of May 6, 2009 as written. All voting aye, the motion was carried. The Draft Town Board Minutes of June 3, 2009 were presented to the Board for their review. RESOLUTION #108 AUTHORIZE PAYMENT OF VOUCHERS — JULY Motion by Councilman Proud Seconded by Councilman Leach VOTES: ALL AYE ADOPTED BE IT RESOLVED, the vouchers submitted have been audited and shall be paid as follows: General Fund A Vouchers 4450 - 474 $ 98,054.07 General Fund B B133 - B147 $ 11,699.64 Highway Fund DB D216 - D240 $ 20,637.07 Trust & Agency T21 - T23 $ 26,309.89 Special Grant $ 1,821.00 Water Fund W161 - W175 $ 4,432.80 Sewer Fund S61 - S65 $ 1,843.78 Supervisor Tupper acknowledged he had one request for privilege of the floor, however the gentleman was not in attendance. There were no other requests for privilege of the floor. Councilman Proud made a motion, seconded by Councilman Leach, to receive and file the Annual Financial Report for the years ended December 31, 2008 and 2007 for the Cortlandville Fire District. All voting aye, the motion was carried. Under old business, Supervisor Tupper reminded the Board they tabled 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. Attorney Folmer reported that the County Health Department checks on properties that are not connected to public sewer, however they were not certain they had an accurate account of all such properties. The Town also has an ordinance requiring that property owners connect to public sewer within a specific period of time. Supervisor Tupper stated the question was with regard to enforcement and whether the Town or County had the authority to request property owners connect to public sewer. If the Town wanted to pursue action, how aggressive should the Town be? JULY O1, 2009 TOWN BOARD MEETING PAGE 2 Attorney Folmer explained there was concurrent jurisdiction; both the Town and County have authority. Attorney Folmer did not know what the County's position would be on the matter, but would contact the County Attorney if the Board requested he do so. Councilman Testa questioned whether the Town Clerk's Office should mail letters to property owners who have not yet connected. According to the list provided by Water & Sewer Sup't. Alteri, approximately eighty (80) parcels have not connected to the available public sewer. Attorney Folmer stated that once the Town composed and mailed a letter to require enforcement and action it would have to be clear what the enforcement would be. He was also concerned about sending letters without knowing if the County would get involved. Councilman Proud stated that while the Town would like all property owners to hookup to public sewer, it was not a fiscal matter. Property owners with sewer available must pay the Sewer Benefit Tax regardless of whether or not they are connected. Supervisor Tupper agreed and commented that it seems to be a health issue instead of an economic issue, which would fall with the County Health Department. After a continued lengthy discussion, the Board requested that the Town Clerk's office mail letters to all property owners who have not connected to public sewer advising them that sewer is available, that connection is required by the Town Code, and requesting compliance. Attorney Folmer would also contact the County Attorney regarding enforcement at the County level. Also under old business, Supervisor Tupper questioned the status of the proposed Workplace Violence Policy that was drafted by Attorney Folmer. Attorney Folmer stated he was waiting for the Board to submit their comments to him. The policy would be adopted and inserted in the Personnel Policy for the Town of Cortlandville, and would also replace language in the proposed Personnel Policy. Councilman Leach requested clarification regarding "weapons at the workplace"; specifically if an employee has a weapon used for hunting in his/her vehicle while at work. Attorney Folmer stated he would review the language in Paragraph 4 — Prohibited Conduct and Behavior and would clarify the language for the final draft. He stated that an employee who leaves a hunting weapon in his/her vehicle would not be in violation of the policy. Councilman Leach apprised the Board he received several requests from constituents for the Town to accept partial payments for taxes. Attorney Folmer reported that he and Town Clerk/Tax Collector Snyder reviewed the request in the past. The Town cannot accept partial payments for taxes without approval from the County. At this time the County was not in favor of collecting partial payments. Councilman Proud questioned the status of the proposed Zoning Amendments. Attorney Folmer apprised the Board he was completing a memo to Planning & Zoning Officer, Bruce Weber that included comments made at the Board's work session held June 19, 2009. Once he and Mr. Weber incorporated the appropriate changes, the document could be submitted to the Town and County Planning Boards for review and recommendations; a public hearing would have to be held; notice would be given to adjoining municipalities, and a SEQR review would have to be completed. Attorney Folmer anticipated that the proposed Zoning Amendments could be adopted by the end of the year. Councilman Leach reported there were still concerns from residents of Blodgett Mills regarding speeding and ignoring "Stop" signs. Councilman Leach contacted the Under Sheriff and requested the Sheriff's Department continue to patrol the hamlet. The monthly reports of the Code Enforcement Officer and Water and Sewer Department for the month of June 2009 were on the table for review and are filed in the Town Clerk's office. 309 JULY O1, 2009 TOWN BOARD MEETING PAGE 3 Attorney Folmer reported: 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. Attorney Folmer met with Attorney Patrick Perfetti for the Village of Homer on June 30, 2009 to discuss the matter. Attorney Perfetti would discuss the annexation with the Village Board at its next meeting and would report back to Attorney Folmer. If the Village Board was not receptive, Attorney Folmer suggested the Town not pursue the annexation because both municipalities would have to agree that it was in the best interest of both municipalities. Supervisor Tupper announced that the Town of Cortlandville was the first entity to receive stimulus money from the federal government. The Town received notification that its "preapplication" for a Rural Development grant/loan to extend water to Polkville was offered $1,138,300 in a grant and $1,017,000 in a loan with a 2.625% interest rate over 38 years. In order to "lock -in" the amounts, the Town had to complete an application for USDA Rural Development. Supervisor Tupper requested the Board adopt a resolution authorizing him to execute documents for the Rural Development loan and grant. RESOLUTION #109 AUTHORIZE SUPERVISOR TO EXECUTE DOCUMENTS FOR THE USDA RURAL DEVELOPMENT LOAN AND GRANT FOR THE EXTENSION OF WATER TO POLKVILLE Motion by Councilman Proud Seconded by Councilman Testa VOTES: ALL AYE ADOPTED WHEREAS, the Town of Cortlandville intends to file an application for funding consideration with the USDA, Rural Development to extend a water line to Polkville, an extension of the City of Cortland's water main, to service 94 properties — 51 residential and 43 commercial, and WHEREAS, the project cost is estimated at $2,155,300, and WHEREAS, of that cost $1,017,000 would be in the form of a 38-year loan with a 2.625% interest rate from the USDA Rural Development, and the remaining $1,138,300 would be in the form of a direct grant from Rural Development, therefore BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to execute documents for the USDA, Rural Development loan and grant for the extension of water to the Polkville area. Attorney Folmer apprised the Board he would work with the Town Clerk's office to publish the required legal notice in the Cortland Standard and to compile the necessary documents to complete the loan and grant application. Also under new business Supervisor Tupper apprised the Board that according to the Ethics Law, the State Comptroller increased the amount of money allowed for a Nominal Gift from $25.00 to $75.00. Supervisor Tupper suggested the Board increase the Town's policy, and give a Nominal Gift to the committee members who worked on the proposed amendments to the Town Zoning Code. Attorney Folmer requested the Board take no action on increasing the amount of a Nominal Gift, as he was not sure whether the increase could be accomplished by resolution or if a local law was required. Supervisor Tupper requested the Board authorize a "Nominal Gift" to the individuals who worked on the proposed Zoning Amendments, in addition to a "thank you" note. 310 JULY O1, 2009 TOWN BOARD MEETING PAGE 4 RESOLUTION #110 AUTHORIZE NOMINAL GIFTS BE AWARDED TO THE COMMITTEE MEMBERS WHO WORKED ON THE PROPOSED AMENDMENTS TO THE TOWN ZONING CODE Motion by Councilman Proud Seconded by Councilman Leach VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby authorize and direct that Nominal Gifts be awarded to the following committee members who worked on the proposed amendments to the Town Zoning Code: Town Planning/Zoning Officer, Bruce Weber; Planning Board Members: Nick Renzi and Elizabeth Classen-Ambrose; Town property owners: Christopher Calabro, David McNeil, and David Yaman. RESOLUTION #111 REFER AQUIFER PROTECTION PERMIT APPLICATION SUBMITTED BY MCNEIL DEVELOPMENT CO, LLC TO THE TOWN AND COUNTY PLANNING BOARDS FOR REVIEW AND RECOMMENDATIONS Motion by Councilman Proud Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Aquifer Protection Permit application submitted by McNeil Development Co. LLC. for property located at 4038 NYS Route 281, tax map #86.09-01-39.000, shall be forwarded to the Town and County Planning Boards for review and recommendations, and it is further RESOLVED, the Aquifer Protection Permit application of McNeil Development Co. LLC is hereby received and filed. Councilman Proud made a motion, seconded by Councilman Testa, to receive and file correspondence from Water & Sewer Sup't. Peter Alteri Jr., dated June 23, 2009, updating the Board on the billing rate increase and projected revenue for the Town. All voting aye, the motion was carried. Councilman Proud noted that although the revenue was not as expected due to a decrease in consumption, the "shortfalls" weren't major. The Board had already agreed to review the billing rates during the upcoming budget process. Councilman Leach made a motion, seconded by Councilman Testa, to receive and file correspondence from Carl F. Ford, P.E., Regional Director of Transportation, NYS DOT, to Senator James Seward, dated June 23, 2009, advising that the NYS DOT traffic engineers completed a review of the Route 222 and Highland Road intersection, and determined that the installation of a three -color traffic signal would be appropriate. All voting aye, the motion was carried. Supervisor Tupper noted that the Board authorized a request for a single traffic light with a yellow warning flash for NYS Route 222, and a red stop flash for Fairview Drive and Highland Road on February 7, 2007. The Board was very pleased with the decision made by the NYS DOT, and hoped that residents and motorists would be as well. Councilman Testa made a motion, seconded by Councilman Proud, to receive and file correspondence from Diana L. Graser, P.E., Regional Traffic Engineer, dated June 25, 2009, acknowledging receipt of the Town's request for a lower speed limit on Luker Road, between Route 281 and McLean Road. All voting aye, the motion was carried. JULY 01, 2009 TOWN BOARD MEETING PAGE 5 311 Councilman Proud made a motion, seconded by Councilman Testa, to receive and file the following documents from the O'Brien & Gere Engineers, Inc. on behalf of the Cortland County BDC/IDA, dated June 2009, regarding the Finger Lakes East Business Park: Contract Drawings; Contract Documents — Site Development; Stormwater Management Plan; Stormwater Pollution Prevention Plan. All voting aye, the motion was carried. Code Enforcement Officer, Tom Williams would review the documents and report back to the Board. Councilman Testa made a motion, seconded by Councilman Proud, to receive and file the following correspondence: Daniel S. Dineen, Director of Planning, dated May 21, 2009, notifying the Town that the Cortland County Planning Board took "NO Action" on the Aquifer Protection Permit of Tops Markets, LLC for property located on NYS Route 281, tax map #86.13-01-65.100; Cortland County Planning Board Resolution No. 09-11, dated May 20, 2009, regarding the site plan application of Tops Markets, LLC for property located on NYS Route 281, tax map #86.13-01-65.100. All voting aye, the motion was carried. Councilman Proud made a motion, seconded by Councilman Leach, to receive and file Cortland County Planning Board Resolution 09-12 dated May 20, 2009, regarding the proposed amendments to the Town Zoning Code. All voting aye, the motion was carried. Supervisor Tupper announced that the Board was invited to tour the new College Suites on Route 13 on Tuesday, July 7, 2009 at 3:00 p.m. If interested, members should contact Code Enforcement Officer, Tom Williams. No further comments or discussion were heard. Councilman Leach made a motion, seconded by Councilman Proud, to adjourn the Regular Meeting. All voting aye, the motion was carried. The meeting was adjourned at 5:40 p.m. z lly 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 15, 2009. The final version of this meeting was approved as writtn at the Town Board meeting of August 5, 2009. 11