HomeMy WebLinkAbout07-24-2015JULY 24, 2015
9:00 A.M.
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SPECIAL TOWN BOARD MEETING
The Special 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 C. Tupper
Councilman, Ronal L. Rocco
Councilman, Gregory K. Leach
Town Clerk, Karen Q. Snyder, RMC
Absent:
Councilman, Theodore V. Testa
Councilman, John C. Proud
Others present were: Town Attorney, John Folmer; Matt McSherry of Port, Kashdin &
McSherry, CPA's; News Reporter: Tyrone Heppard from the Cortland Standard.
Supervisor Tupper called the Special Meeting to order, the purpose of which was to consider
the execution of an Option Agreement with Gutchess Lumber. He asked Attorney Folmer to
discuss the Option Agreement.
Attorney Folmer explained that the Option Agreement with Gutchess Lumber would give
the Town the ability to exercise an option to acquire a 90-acre parcel on Route 13 for park purposes.
If the Town were to exercise the option, Gutchess Lumber has an option to acquire title to what is
now known as Citizens Park. There is nothing in the agreement that requires the Town to exercise
the option, and nothing in the agreement requiring Gutchess to exercise the option unless the Town
acts first. The State Legislation which authorized the conveyance of Citizens Park had a condition
that no conveyance take place unless and until the Town opened the park on Route 13 to the public.
The purpose of the 2-year option was to provide an opportunity for the Town to obtain financing. If
the Town obtains financing necessary to begin construction, the Town could exercise the option and
replicate Citizens Park before Gutchess exercises its option. Attorney Folmer explained the purpose
of the agreement was to give the Town the right to acquire title if it chooses to do so within a 2-year
period. Gutchess could not exercise the agreement no matter what for a period of at least 1-year.
Attorney Folmer indicated that this Special Meeting is being held because a grant
application to provide funding with regard to the park is due by July 31, 2015. Supervisor Tupper
explained that the Town could not apply for a grant unless it had control over the property. The
Option Agreement would give the Town actual control over the property.
Supervisor Tupper questioned whether Gutchess Lumber was happy with the terms.
Attorney Folmer indicated that Gutchess was okay with the Option Agreement.
Supervisor Tupper questioned the Board members whether they had any questions or
comments.
Councilman Rocco commented that Citizens Park was built by the citizens of Cortlandville.
He mentioned his involvement in the construction of the park as well as the involvement of former
Board members and former Supervisor Mel Pierce. He anticipated that the new park on Route 13
would be busy all of the time, similar to Testa Park. He also mentioned that children could access
the future park from Gracie Road and the Lime Hollow trail.
Councilman Leach questioned whether Citizens Park included the Lamont Circle Park.
Supervisor Tupper indicated that the Lamont Circle Park was not included and would remain a park.
Councilman Leach also questioned how many acres were actually included in the transfer.
Attorney Folmer explained there is a survey map that shows the entire parcel is 101+ acres.
However, 10-acres of the parcel would be sold to Redding Hunter, which would leave 90+ acres for
the Town. Supervisor Tupper added that the Town was hoping to connect to the Lime Hollow
trails, which would enhance their activity.
There was a question regarding where the old railroad tracks were in relation to the property.
Town Clerk Snyder explained that the abandoned railroad tracks run from Gracie Road to the
Lamont Circle Park. Lime Hollow Nature Center maintains the old trail.
Matt McSherry, from Port, Kashdin & McSherry, CPA's requested privilege of the floor. He
stated that his business has owned and operated the parcel next to Citizens Park for over 30 years
and has serious concerns about the use of the property if it is not owned by the Town. His business
was not only concerned with the potential use of the property but also with the potential negative
impact on the value of their property. He was told that any future use would be subject to ZBA and
Planning Board hearings, however he was not confident that his business' concerns would be
adequately addressed.
JULY 24, 2015 SPECIAL TOWN BOARD MEETING PAGE 2
Attorney Folmer commented on Mr. McSherry's concerns, which he stated were legitimate.
He mentioned that he had a conversation with his business partner, Mr. Kashdin, regarding the
matter in April 2015. Similar to what Attorney Folmer said to the people who appeared at public
hearings regarding the re -zoning of Gutchess property, he stated that they could rely on the
effectiveness of the Zoning Board and the Planning Board to make sure that minimal effects are felt
by property owners. He indicated that Gutchess was aware of that and they are aware of Mr.
McSherry's concern. Attorney Folmer stated that he feels the Town has one of the best Planning
Boards in the State. He understood Mr. McSherry's concern, but stated he had a great deal of
confidence in the agencies who handle site plan reviews etcetera.
Councilman Rocco questioned whether Mr. McSherry has had any contact with Mr.
Gutchess or the company regarding this matter.
Mr. McSherry indicated that since the proposal was announced he has been in contact with
Gutchess Lumber. He was concerned that Gutchess was not willing to divulge what the future use
of the property would be. Mr. McSherry stated that his business has a nice buffer from Gutchess
right now. He stated that Gutchess did not have a quiet operation; it was a heavy equipment
operation with a lot of truck traffic and a saw mill operation. He was concerned with the huge
change in use of the Citizens Park property, how it would impact the use of his property, and the
Route 281 commercial corridor.
Councilman Rocco commented that the Town was working with neighbors on McLean
Road and issues they had with the noise created by trucks/equipment backing up. Gutchess stated
they would look into the issue and found an alternative for the machines that require the backup
noise signals. Gutchess was already making the conversion to the machines. He added that the
Board has completed several tours of the Gutchess facility. Also, Gutchess would be planting a row
of trees behind the houses along McLean Road. Gutchess wanted to be a good neighbor.
Councilman Rocco stated that he understood Mr. McSherry's concern and offered to help him in
any way possible.
Supervisor Tupper agreed that Gutchess was concerned about its neighbors, and that the
Town Planning Board would also listen to Mr. McSherry's concerns.
RESOLUTION #170 AUTHORIZE SUPERVISOR TO EXECUTE THE OPTION
AGREEMENT WITH GUTCHESS LUMBER COMPANY
Motion by Councilman Leach
Seconded by Councilman Rocco
VOTES: AYE - Tupper, Rocco, Leach NAY - 0 ABSENT - Testa, Proud
ADOPTED
WHEREAS, the Town Board of the Town of Cortlandville is planning to construct a park on
property to be acquired on Route 13 in the Town of Cortlandville to replace the present day
Citizens Park, and
WHEREAS, until such time as a new park is opened to the public, the present Citizens Park will
remain in operation as it is as on the date of this resolution, and
WHEREAS, the Legislature of the State of New York has enacted legislation which, under
certain conditions permits the transfer of the Citizens Park parcel, and
WHEREAS, the Governor of the State of New York has signed such legislation into law, and
WHEREAS, the Town has negotiated an Option Agreement with Gutchess Lumber Company to
accomplish the exchange of the present Citizens Park consisting of approximately 6 acres with a
parcel owned by Gutchess Lumber Company consisting of approximately 90 acres, at no
monetary cost to the Town
NOW THEREFORE BE IT RESOLVED, the Town Supervisor is hereby authorized and
directed to execute the aforementioned Option Agreement on behalf of the Town, and it is
further
RESOLVED, this resolution is adopted subject to Permissive Referendum as required by law.
JULY 24, 2015 SPECIAL TOWN BOARD MEETING PAGE 3
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Attorney Folmer mentioned that at the Executive Session of the July 15, 2015 Town
Board Meeting, the Board discussed and took action on bidding at the County Tax Sale with
regard to the Budget Inn. The bidding was authorized to have the IDA/BDC complete the
process.
Secondly the Board discussed the terms of the Option Agreement with Gutchess Lumber
with regard to the Citizens Park.
No further comments or discussion were heard.
Councilman Leach made a motion, seconded by Councilman Rocco, to adjourn the
Regular Meeting. All voting aye, the motion was carried.
The meeting was adjourned at 9:30 a.m.
Respectfully submitted,
xo-�a- -dw-y-�
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 31, 2015.
The draft version of this meeting was approved as written at the Town Board meeting of August 5, 2015.
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