HomeMy WebLinkAbout05-04-2005MAY 04, 2005
7:00 P.M.
PUBLIC HEARING NO. 1
LOCAL LAW - 2005
NOISE ORDINANCE
A Public Hearing was held by the Town Board of the Town of Cortlandville at the
Community Building in the Village of McGraw, 15 Clinton Street, McGraw, New York,
regarding the enactment of a Local Law establishing a Noise Ordinance for the Town of
Cortlandville, exclusive of the Village of McGraw.
Members present: Supervisor, Raymond Thorpe
Councilman, Theodore Testa
Councilman, Edwin O'Donnell
Councilman, Ronal Rocco
Councilman, John Pilato
Town Clerk, Karen Q. Snyder
Others present were: Town Attorney, John Folmer; Highway Sup't., Carl Bush Sr.;
Planning Board member, Nick Renzi; Susan W. Crane, 3664 NYS Route 215, Cortlandville;
Theresa Quail, 25 Lansing Ave., Cortland; Sandra S. Johnson, 3674 Route 215, Cortlandville;
Dr. Arthur and Dr. Patricia Shedd, 437 Surrey Dr., Cortlandville; Sandy and Vittorio Panzanella,
Route 13, Cortlandville; Susan Harris, 4495 Route 281, Cortlandville; Jerry Yaple, 4493 Route
281, Cortlandville; Lorraine and John Steele, 3 Railroad Street, Freeville; Ann and Gerald
Galichoff, Owego Street, Cortland; Gary & Kathy Lyon, Delaware Ave., Cortlandville; Amy and
John Prosser, 3656 Page Green Rd., Cortlandville; Douglas and Jonathon Clark from Doug's
Power Sports, 4019 Route 281, Cortlandville; William Clay, President of ABATE; Erica Prindle
and Richard D. Carter, Jr., 3681 Owego St., Cortlandville; Pamela Prindle, 3752 Fairview Dr.,
Cortlandville; Richard D. Carter, Sr., 3 West Rd., Cortland; David McCall, Route 281,
Cortlandville; Derrick Beaumont, Route 13, Cortlandville; Jay Cobb, 44 West Academy St.,
McGraw; Chris and Corina Emery, 7 Charles St., McGraw; Elaine Parkin, 4122 N. Road,
McGraw; David F. Russell, 21 North St., McGraw; William MacLean, Jr., 4200 N. Road,
McGraw; Randy Jackson, 215 North Homer Ave., Cortlandville; Lamont Jackson, 14 York St.,
Cortland; McGraw Village Clerk, Susan McNeill; Mark Davis, 575 -Hoy Rd., Cortlandville;
County Legislator Danny Ross and his wife, Pamela Ross, 8 Church St., McGraw; News
Reporter, Sara Burynovsky from Channel 10 News; Sharon Stevens from Channel 2, Access TV;
and News Reporter, Patrick Ruppe from the Cortland Standard.
Supervisor Thorpe called the Public Hearing to order.
Town Clerk, Karen Q. Snyder read aloud the published, posted and filed legal notice.
Supervisor Thorpe offered privilege of the floor to Attorney Folmer.
Attorney Folmer apprised those in attendance that the proposed ordinance would not
pertain to the Village of McGraw as the Village Board has the authority to enact its own law
regulating noise.
Attorney Folmer stated he is concerned with the provisions of the ordinance, as the
ordinance is subjective and would be difficult to enforce. He explained that in order to measure
noise the Town would have to invest in a decibel meter, train people how to operate the machine,
and have authorities'on the.scene when a complaint is made. Attorney Folmer stated he was not
100% comfortable with the ordinance.
Supervisor Thorpe offered privilege of the floor to those in attendance.
Theresa Quail, of 25 Lansing Avenue, read a letter aloud from Kevin M. Bishop of 45
Delaware Avenue, which she submitted to the Board. Mr. Bishop's letter suggested the Board
add a section in the ordinance to "address the problem of motorcycles revving and racing causing
excessive unusual loud noise which disturbs, injures and endangers" the residents of the Town.
Mr. Bishop also recommended that a minimum monetary fine be established as a penalty.
Mrs. Quail commended the Board for working hard to get a noise ordinance on the table
for review. Mrs. Quail concurred with Mr. Bishop's suggestion to set a minimum fine and to
increase the fine for repeat offenders. She was concerned with the fact that the proposed
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MAY 04, 2005 PUBLIC HEARING NO. 1 PAGE 2
ordinance did not mention noise from motorcycles as she hears noise from motorcycles at a
nearby "burn -out pit."
Mrs. Quail also stated her concern regarding the use of fireworks, and questioned what
the firework permit policy was, and how a permit is obtained.
Sandra Johnson, Route 215, apprised the Board she lives across the street from the
"problem house." Mrs. Johnson was concerned that the restrictions in the noise ordinance was
only between 11:00 p.m. and 7:00 a.m., and questioned whether people were at liberty to make
as much noise during the rest of the day. Mrs. Johnson mentioned one specific party which
lasted for approximately 14 hours.
Attorney Folmer apprised Mrs. Johnson that Section 193-2 of the ordinance is a general
prohibition against unnecessary noise. There is no limit in respect to time under such section.
Section 193-9 discusses operations under a permit that may be issued.
William Clay apprised the Board he is the President of the local ABATE Chapter, which
is a motorcycle organization with several thousand members. In response to concerns regarding
motorcycle noise, Mr. Clay apprised those in attendance there is a law against loud exhaust and
questioned why another law should be made on top of an already existing law. He explained that
the muffler law is for loud exhausts on cars and motorbikes.
Attorney Folmer apprised Mr. Clay one of the reasons motorcycles are not specifically
singled out in the proposed noise ordinance is because there are already provisions in the Vehicle
and Traffic Law which apply.
Mr. Clay explained that his point was that people are complaining about motorcycles. In
regard to Mrs. Quail's concern about fireworks, he stated that at one particular party last summer
fireworks were ignited by an individual licensed by the Bureau of Alcohol Tobacco and
Firearms. The operator showed his license to the Sheriffs who stopped at the specific party
mentioned.
Attorney Folmer stated a person can get a license to permit and display fireworks.
However, the same person can be in violation of an ordinance that prohibits making
extraordinary noise late at night. The permit allows for the possession of fireworks, however it is
how the fireworks are used that is being addressed.
Mr. Clay stressed that motorcycles are a way of life and should not be included in the
ordinance as laws already pertain to their use.
Sandy Panzanella, owner of a local KOA campground, apprised the Board she is
concerned with the proposed noise ordinance as it may affect her livelihood. The KOA
campground has musical entertainment every weekend. Mrs. Panzanella expressed her concern
that if a noise ordinance is enacted her business would be subject to complaints by residents who
live near her campground. Although complaints are not generally made, she felt that by adopting
an ordinance people would start making complaints, which would result in the Sheriff's
Department being "called over every little detail."
Mrs. Johnson interjected and stated her complaint was in regard to noise on private
residential property.
. Attorney Folmer stated the Board would not enact an ordinance to deal with one problem,
as it would not be appropriate as would be considered "unconstitutional selective enforcement."
Although aware of the problem Mrs. Quail and Mrs. Johnson are concerned with, Attorney
Folmer stated the ordinance was not drawn for their specific problem.
Attorney Folmer questioned where the music was played at the campground.
Mrs. Panzanella commented that the music is played within the recreation building.
Supervisor Thorpe stated the music at the KOA is probably discrete and cannot be heard
25-feet from the building.
Regardless, Mrs. Panzanella stated she was concerned with one particular neighbor
across the river that she felt would make frequent complaints if a noise ordinance is adopted.
Councilman O'Donnell commented that the Cortland Country Music Park would also be
subject to the same rules.
Mrs. Panzanella apprised the Board she owns property on Starr Road and understands the
concern with noise, but commented that the entire Town should not be penalized because of one
property owner.
Attorney Folmer and Councilman Rocco did not believe the Town has ever received a
complaint concerning the KOA campground or the Country Music Park Association.
Vittorio Panzanella commented that a noise ordinance would allow "neighbors with a
chip on their shoulder" to call the Sheriff's Department and make complaints even if they had
never done so before.
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MAY 04, 2005 PUBLIC HEARING NO. 1 PAGE 3
Councilman Pilato questioned Attorney Folmer whether a warning would be given before a
citation is issued, or an arrest is made. If the noise ordinance was adopted, he felt the public would
know that if they do not comply after they are warned there would be repercussions. Councilman
Pilato felt that the noise ordinance as drafted would benefit a general grouping of people.
Mrs. Panzanella questioned what would happen in the future when there were new
members of the Board who interpreted the ordinance differently. She was concerned that the
ordinance would make it difficult for businesses to operate as they currently do.
Attorney Folmer explained to Mrs. Panzanella that the use of a P.A. system at her
campground could not be considered excessive, unnecessary, and unusually loud. However, that
would be his opinion and he could not guarantee that everyone would have the same opinion.
Councilman Rocco commented that a noise ordinance has been discussed for the past
fifteen years and recalled an old problem with dirt -bikers who had total disregard for their
neighbors. He stated it is hard to draft a noise ordinance that is favorable to everyone's point of
view. He did not believe Mrs. Panzanella would be harmed by the proposed ordinance, as the
Town has never received a complaint about the campground, and because the noise is contained
within the park. Councilman Rocco stated the Board was concerned with the neighbor who is
affected by loud dirt bike, parties which occur all night, and loud speaker systems. The Board
could not draft a law that is totally perfect, but stated they could amend the ordinance as needed
in the future.
Councilman Rocco stated he would like to believe that there are not many people who
don't "care about their neighbors" or "could care less that they're making a racket and disturbing
everyone else's peace." However, there are people who do not care, which is why the Board has
to protect the general public.
Councilman Rocco commented that the Board does not have anything in place for the
Sheriff's Department to work with, and are therefore "trying to give some teeth to the legal
authorities to deal with this."
Rick Carter, Jr. apprised the Board he lives, and co -owns a house on Owego Street and
has an 8 year -old son who constantly rides his dirt bike. Mr. Carter gave the following example:
When a complaint is made about the dirt bike an officer would first issue a warning. If his son
did not stop riding a ticket would be issued everyday he continues to ride. He questioned when
the fines would end.
Attorney Folmer commented it would end when Mr. Carter was sick of paying the fines.
David McCall, Vice President of Knobby Acres, apprised the Board his group holds a dirt
bike event every year, in which there are approximately 500 dirt bikes involved. He questioned
why dirt bikes were being singled out.
Councilman Rocco stated he was aware of Mr. McCall's organization, which was not the
problem.
An unidentified woman in the audience discussed her concerns regarding dirt bikes and
the need for a noise ordinance.
Attorney Folmer apprised those in attendance that several years ago, at Councilman
Rocco's request, the Board enacted an ordinance regarding the use of ATV's in the Town. Since
the ordinance was enacted, the Town has not received a single complaint or request for anyone to
be prosecuted for riding a dirt bike.
Derrick Beaumont commented that the Department of Motor Vehicles requires all
vehicles such as motorcycles, ATV's and dirt bikes to be registered and insured. If the owner
does not follow the Vehicle and Traffic Law they can be penalized.
Attorney Folmer apprised Mr. Beaumont that for that reason there is no mention in the
proposed noise ordinance for what is already covered in the Vehicle and Traffic provisions.
Mr. Beaumont was concerned with the wording "unusually loud noise" which he felt
could pertain to motorcycles if an individual did not like the noise created by them.
Mr. Beaumont mentioned different types of noise that could be considered unusually loud
to some people and acceptable to others: noise from the airport; a contractor using a circular saw;
or a neighbor repairing a backhoe. Mr. Beaumont also voiced his concern with wording in the
proposed ordinance prohibiting noise on Sundays.
Councilman Rocco reiterated that the Board "has nothing against these vehicles
whatsoever..." Instead, the problem occurs when the person riding the motor bike has "no
regard for others." He continued to say that "there used to be a time when you cared about your
neighbor, but unfortunately times have changed."
An unidentified woman stated it was absurd that the Town wanted to enact a noise
ordinance because one party with "fireworks and burnouts" is held once a year.
Councilman Rocco stated the Board was not focusing on one particular situation, but
rather the whole picture.
MAY 04, 2005 PUBLIC HEARING NO. 1 PAGE 4
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Douglas Clark, owner and operator of Doug's Power Sports on Route 281, stated he was
concerned with the adoption of the proposed noise ordinance and the adverse affect it may have
on his business of selling power sport equipment. He also gave an example of noise created by
snowmobiles and the fact that the trails used run close to residential neighborhoods.
Sandy Panzanella questioned how her business would be affected with regard to permit
fees if and when the noise ordinance is passed.
Supervisor Thorpe did not believe that Mrs. Panzanella's business would be greatly
affected.
No further comments or discussions were heard.
Councilman O'Donnell made a motion, seconded by Councilman Testa, to close the
Public Hearing. All voting aye, the motion was carried.
The Public Hearing was closed at 7:40 p.m.
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MAY 04, 2005
7:40 P.M.
TOWN BOARD MEETING
The Regular Meeting of the Town Board of the Town of Cortlandville was held at the
Community Building in the Village of McGraw, 15 Clinton Street, McGraw, New York, with
Supervisor Thorpe presiding.
Members present: Supervisor, Raymond Thorpe
Councilman, Theodore Testa
Councilman, Edwin O'Donnell
Councilman, Ronal Rocco
Councilman, John Pilato
Town Clerk, Karen Q. Snyder
Others present were: Town Attorney, John Folmer; Highway Sup't., Carl Bush Sr.;
Planning Board member, Nick Renzi; Susan W. Crane, 3664 NYS Route 215, Cortlandville;
Theresa Quail, 25 Lansing Ave., Cortland; Sandra S. Johnson, 3674 Route 215, Cortlandville;
Dr. Arthur and Dr. Patricia Shedd, 437 Surrey Dr., Cortlandville; Sandy and Vittorio Panzanella,
Route 13, Cortlandville; Susan Harris, 4495 Route 281, Cortlandville; Jerry Yaple, 4493 Route
281, Cortlandville; Lorraine and John Steele, 3 Railroad Street, Freeville; Ann and Gerald
Galichoff, Owego Street, Cortland; Gary & Kathy Lyon, Delaware Ave., Cortlandville; Amy and
John Prosser, 3656 Page Green Rd., Cortlandville; Douglas and Jonathon Clark from Doug's
Power Sports, 4019 Route 281, Cortlandville; William Clay, President of ABATE; Erica Prindle
and Richard D. Carter, Jr., 3681 Owego St., Cortlandville; Pamela Prindle, 3752 Fairview Dr.,
Cortlandville; Richard D. Carter, Sr., 3 West Rd., Cortland; David McCall, Route 281,
Cortlandville; Derrick Beaumont, Route 13, Cortlandville; Jay Cobb, 44 West Academy St.,
McGraw; Chris and Corina Emery, 7 Charles St., McGraw; Elaine Parkin, 4122 N. Road,
McGraw; David F. Russell, 21 North St., McGraw; William MacLean, Jr., 4200 N. Road,
McGraw; Randy Jackson, 215 North Homer Ave., Cortlandville; Lamont Jackson, 14 York St.,
Cortland; McGraw Village Clerk, Susan McNeill; Mark Davis, 575 Hoy Rd., Cortlandville;
County Legislator Danny Ross and his wife, Pamela Ross, 8 Church St., McGraw; News
Reporter, Sara Burynovsky from Channel 10 News; Sharon Stevens from Channel 2, Access TV;
and News Reporter, Patrick Ruppe from the Cortland Standard.
Supervisor Thorpe called the meeting to order.
RESOLUTION #93 AUTHORIZE PAYMENT OF VOUCHERS - MAY
Motion by Councilman O'Donnell
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 #232 - 251
$
14,497.63
General Fund B
B48 - B53
$
9,455.04
Highway Fund DB
D131 - D140
$
12,309.41
Water Fund SW
W75 - W81
$
2,375.58
Sewer Fund SS
S36 - S38
$
1,286.40
Capital Projects H
H41 - H47
$165,594.86
Supervisor Thorpe offered privilege of the floor to Dr. Patricia Shedd.
Dr. Patricia Shedd, representing Citizens for Aquifer Protection and Employment
(CAPE), read a letter aloud regarding the SEQR process for the PUD application submitted by
Wal-Mart Real Estate Business Trust. CAPE recommended the "Cortland County Soil & Water
Conservation District and Cortland County Health Department experts be consulted for
evaluating the impact of development on the aquifer."
Attorney Folmer apprised Dr. Shedd and those in attendance that in the SEQR process
the Town is required to notify all of the involved and interested agencies; including the NYS
DOT, the Health Department, and the Soil & Water Conservation District. He apprised Dr.
Shedd that most of the involved agencies will be involved with the initial Scoping Session, and if
not they would be involved with the initial review process.
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MAY 04, 2005 TOWN BOARD MEETING PAGE 2
Supervisor Thorpe offered privilege of the floor to Nick Renzi.
Planning Board member, Nick Renzi read.a letter aloud, which he presented to the Board,
regarding three specific issues.
The first issue was in regard to his request for a copy of the proposal submitted by
Clough Harbour & Associates to the Town for the Bell Drive Drainage Problem, as well as a
definition of the scope of work. Mr. Renzi acknowledged Town Clerk Snyder for her effort in
obtaining the documents.
The second issue was related to the problems with stormwater in the area of the
Renaissance Development. Mr. Renzi summarized several situations and concerns that currently
exist. Because the stormwater problem 'has impacted so many areas in the vicinity of the
Renaissance Development, Mr. Renzi suggested there should be a coordinated effort to study all
of the problem areas. He stated, "the objective should be to solve the stormwater problems in all
of the areas rather than a piece meal problem solving effort."
The third issue mentioned was in regard to applications made to the Planning Board for
developments that require "significant attention to stormwater management" during the review
of such plans by both the Planning Board and the Soil & Water Dept. Mr. Renzi recited Section
179-92 paragraph E-7(b), which states that "a clear statement of the defined maintenance
responsibility which shall ensure the long-term maintenance of stormwater management and
erosion control facilities, including contingency plans and responsible parties." He continued by
stating that the stormwater management section of the Town Code will serve the Town well if
executed as it is written.
Supervisor Thorpe offered privilege of the floor to Susan Harris.
Susan Harris, owner of property located at 4495 Route 281, reminded the Board that she
appeared before them at a prior meeting to discuss the flooding and drainage problem affecting
her property and her surrounding neighbors on Route 281, near Bell Drive and Renaissance
Development,
Supervisor Thorpe interjected and apprised Ms. Harris he had not heard back from the
Town's consultant regarding the issue.
Ms. Harris stated the culvert under Route 281 is inadequate to handle the water. She
asked that the Town take some type of emergency action to resolve the problem.
Attorney Folmer apprised Ms. Harris he spoke with the Town's consultant, James
Trasher of Clough, Harbour & Associates who could not attend this evening's meeting but would
be available at the May 18th Town Board meeting. Attorney Folmer discussed the culvert
located at the top of the hill, which is large and does not slow down the flow of water through the
ditch/trench. Mr. Trasher stated they would look to reduce the opening of the culvert at the top
of the hill in an attempt to slow down the water.
In regard to the culvert owned by the Country Club, Attorney Folmer stated he has not
seen documentation naming the owner of the culvert. The State of New York will not touch the
culvert because it belongs to the Country Club. On the other hand, the Country Club would not
dig up Route 281 to fix the culvert, nor would the Town of Cortlandville since Route 281 is a
state highway. Attorney Folmer assured Ms. Harris that Mr. Trasher is aware of the problem.
Supervisor Thorpe apprised the Board he attended a meeting with the Federal
Emergency Management Authority (FEMA). The Town has had a fair amount of storm damage,
and. money is available for mitigating problems. Supervisor Thorpe stated he would discuss the
possibility of obtaining funds to mitigate situations that can be corrected by redesign.
Supervisor Thorpe offered privilege of the floor to Councilman O'Donnell.
Councilman O'Donnell recognized Jay Cobb, the newly elected Mayor of McGraw, and
Corey Smith, the new Chairman of the Recreation Committee for the Village of McGraw.
Councilman O'Donnell commented that "the Village of McGraw is in good hands."
Monthly reports for the Town Clerk, Tax Collector, and Supervisor for the month of
April 2005 were on the table for review and are filed in the Town Clerk's office.
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MAY 04, 2005 TOWN BOARD MEETING PAGE 3
There was a brief discussion regarding the proposed Noise Ordinance. Supervisor
Thorpe suggested the Board take no action on the noise ordinance at this time.
Attorney Folmer recommended the Board table any action on the proposed Noise
Ordinance until May I8th meeting to allow him time to investigate a few remaining issues and
concerns. If a noise ordinance is adopted, Attorney Folmer stated he would exercise
prosecutorial discretion and would not waste his time nor the court's time with "nickel and dime
complaints."
RESOLUTION #94 TABLE ACTION ON LOCAL LAW — 2005 REGARDING A
NOISE ORDINANCE FOR THE TOWN OF CORTLANDVILLE
Motion by Councilman O'Donnell
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Board does hereby table action on Local Law — 2005 regarding a
proposed Noise Ordinance for the Town of Cortlandville until May 18, 2005.
Attorney Folmer reported:
Bell Drive Drainage:
Attorney Folmer reiterated that James Trasher of Clough, Harbour & Associates would
attend the May 18th, 2005 Town Board meeting and would be prepared to discuss various water
problems.
Mosquito Problem off of Fisher Avenue:
Attorney Folmer apprised the Board he investigated the mosquito problem raised at the
April 20th meeting by Town resident, Catherine England. Attorney Folmer contacted the County
Health Department and discovered that Legislator, Paul Allen had contacted them as well. The
DOH generated a memorandum which points out that before you can deal with a mosquito
problem the type of mosquito must be determined. A photocopy of the memorandum was
forwarded to Mrs.. England and Mrs. Bartholomew, another concerned resident. Attorney
Folmer referred the problem to the Board as he determined it is not a legal problem.
Bond Anticipation Note for Highland Road:
Attorney Folmer apprised the Board the permanent financing for the Highland Road
Sewer Improvement Project is scheduled to close with the Environmental Facilities Corporation
on July 201h, 2005. However, interim financing is necessary in order to pay the contractors from
today's date until the time the financing is received. The Town's financial advisor, John Shehadi
is taking the necessary steps with Hawkins Delafield and Wood to issue a BAN in the amount of
$320,000. Once permanent financing is received, the BAN will be retired and repayments will
be made to the various surplus funds that have been utilized to get the Town through
construction thus far.
Big Box Development Policy:
Attorney Folmer recalled that the Board adopted a Resolution at the March 161h, 2005
meeting establishing the Big Box Development Standards as policy. The document presented to
the Board was not the most recent version of the standards, or specifications. Attorney Folmer
apologized for the error, requested the Board rescind the resolution, and asked that they adopt a
resolution establishing the Business District Design Specifications as policy.
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MAY 04, 2005 TOWN BOARD MEETING PAGE 4
RESOLUTION 995 RESCIND RESOLUTION 468 OF 2005 — "ADOPT
BIG BOX DEVELOPMENT STANDARDS AS POLICY"
Motion by Councilman O'Donnell
Seconded by Councilman Pilato
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby rescind Resolution #68 of 2005 — "Adopt Big
Box Development Standards as Policy".
RESOLUTION #96 ADOPT BUSINESS DISTRICT DESIGN SPECIFICATIONS AS
POLICY
Motion by Councilman Testa
Seconded by Councilman O'Donnell
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby adopt the Business District Design
Specifications as policy.
Local Law of 2005 - Zoning Text Amendment:
Attorney Folmer presented the Board and Town Clerk Snyder with copies of the
proposed Local Law, which would amend the Town's Zoning Code.
Wal-Mart Supercenter PUD Scoping Session:
Attorney Folmer reminded the Board of the correspondence received from Ron Powell,
representing CAPE, in which the Board was asked to consider 92 items in its review of the Wal-
Mart PUD application. Attorney Folmer presented the Board with another copy of the
correspondence to review for the Scoping Session. He reminded the Board that the Scoping
Session was scheduled for Wednesday, May 11, 2005 at 1:30 p.m.
Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and
file correspondence from Geraldine A. Reed of the State Education Department, NYS Archives,
regarding the Local Government Records Management Improvement Fund grant application for
GIS funding submitted by the Town which was not recommended for funding. All voting aye,
the motion was carried.
Councilman O'Donnell made a motion, seconded by Councilman Pilato, to receive and
file the Cortland County Planning Board Resolution #05-13 regarding the Aquifer Protection
Permit application submitted by Steven Banks. All voting aye, the motion was carried.
RESOLUTION #97 SCHEDULE PUBLIC HEARING FOR AQUIFER
PROTECTION PERMIT SUBMITTED BY STEVEN BANKS
FOR MAY 18, 2005
Motion by Councilman O'Donnell
Seconded by Councilman Rocco
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, a Public Hearing shall be scheduled for May 18, 2005 at 5:00 p.m. for the
Aquifer Protection Permit application submitted by Steven Banks for property located off of US
Route 11, tax map #108.00-02-01.000.
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MAY 04, 2005 TOWN BOARD MEETING PAGE 5
There was discussion regarding correspondence from Barry W. Deal of Troy & Banks
regarding the Town's Utility Audit. Cost savings were available if the Town purchased its
electric supply from Advantage Energy Inc., while the dealer would remain Niagara Mohawk.
Although discussion regarding the potential cost savings has occurred at previous Town Board
meetings, no action was taken on the matter at this time.
Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and
file correspondence from Joseph D. Puzo, Vice President and Genral Manager of Pall Trinity
Micro, regarding the Town's request for a donation to support the Cortlandville Starr Road Park
& Recreation Center. All voting aye, the motion was carried.
Councilman Rocco thanked the members of the Board who have worked very hard to
make the Starr Road Park & Recreation Center a reality.
Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and
file correspondence from Pete O'Connell regarding the Zoning Text Amendment. All voting
aye, the motion was carried.
RESOLUTION #98 AUTHORIZE SUPERVISOR TO SIGN CONTRACT BETWEEN
THE TOWN OF CORTLANDVILLE AND FISCAL ADVISORS
& MARKETING, INC. FOR FINANCIAL ADVISORY
SERVICES FOR THE HIGHLAND ROAD SEWER
IMPROVEMENT PROJECT
Motion by Councilman Rocco
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
WHEREAS, Fiscal Advisor's & Marketing, Inc. presented a proposal to the Town Supervisor to
provide financial advisory service in connection with the financing for the Highland Road Sewer
Improvement Project through the Revolving Loan Fund Program of the New York State
Environmental Facilities Corporation (EFC), and
WHEREAS, the Supervisor accepted the proposal by countersigning the document on May 2,
2005, therefore
BE IT RESOLVED, the Town Board does hereby authorize the Town Supervisor to sign said
contract between the Town of Cortlandville and Fiscal Advisors & Marketing, Inc. for the
Highland Road Sewer Improvement Project in an amount not to exceed $1400.00.
RESOLUTION #99 AUTHORIZE SUPERVISOR TO SIGN CONTRACT BETWEEN
THE TOWN OF CORTLANDVILLE AND HAWKINS
DELAFIELD & WOOD, LLP FOR BOND COUNSEL
SERVICES USED IN CONNECTION WITH THE HIGHLAND
ROAD SEWER IMPROVEMENT PROJECT
Motion by Councilman Rocco
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
WHEREAS, Hawkins Delafield & Wood, LLP presented a proposal to the Town Supervisor to
provide Bond Counsel services to the Town in connection with the sale and issuance of Serial
Bonds through the Revolving Loan Fund Program of the New York State Environmental
Facilities Corporation (EFC) for the Highland Road Sewer Improvement Project, and
WHEREAS, the Supervisor accepted the proposal by countersigning the agreement on May 2,
2005, therefore
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MAY 04, 2005 TOWN BOARD MEETING PAGE 6
BE IT RESOLVED, the Town Board does hereby authorize the Town Supervisor to sign said
contract between the Town of Cortlandville and Hawkins Delafield & Wood, LLP for Bond
Counsel services for the Highland Road Sewer Improvement Project in an amount not to exceed
$12,000.00.
Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and
file correspondence from Robert P. Smith, Esq. from the New York State Environmental
Facilities Corporation, regarding the NYS Revolving Fund (SRF) Series 2005B. All voting aye,
the motion was carried.
RESOLUTION #100 AUTHORIZE SUPERVISOR TO TRANSFER $164,874.19
FROM THE SEWER SURPLUS TO THE CAPITAL PROJECT
FUND FOR THE HIGHLAND ROAD SEWER IMPROVEMENT
PROJECT
Motion by Councilman O'Donnell
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Supervisor is hereby authorized and directed to transfer $164,874.19
from the Sewer Surplus to the Capital Project Fund for the Highland Road Sewer Improvement
Project, and it is further
RESOLVED, the Sewer Surplus account will be reimbursed when the Town receives the BAN
draw down from the Environmental Facilities Corporation.
Councilman Rocco made a motion, seconded by Councilman O'Donnell, to receive and
file correspondence from Kevin M. Bishop regarding the proposed Noise Ordinance. All voting
aye, the motion was carried.
Councilman O'Donnell made a motion, seconded by Councilman Rocco, to receive and
file correspondence from representatives of CAPE (Robert R. Martin, PE; Dr. Patricia Shedd;
Pamela Jenkins, PT) regarding the use of local agencies during the SEQR process for the
proposed PUD application for the Wal-Mart Supercenter. All voting aye, the motion was
carried.
Councilman Rocco made a motion, seconded by Councilman Pilato, to receive and file
correspondence from Planning Board member, Nick Renzi regarding stormwater management,
Bell Drive drainage, and Renaissance Development stormwater. All voting aye, the motion was
carried.
Councilman O'Donnell reminded the Board they tabled discussion regarding a request
made by Bruce Weber to be paid for accrued and unused vacation days at their last meeting.
However, the Board was not prepared to take action on the matter at this time. The Board also
wanted to give Attorney Folmer more time to research the Town's Personnel Policy.
Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and
file correspondence from Susan Harris of 4495 Route 281, regarding flooding that occurs on her
property and concerns with drainage. All voting aye, the motion was carried.
MAY 04, 2005 TOWN BOARD MEETING PAGE 7
No further comments or discussion were made.
Councilman O'Donnell made a motion, seconded by Councilman Testa, to adjourn the
Regular Meeting. All voting aye, the motion was carried.
The meeting was adjourned at 8:15 p.m.
Respectfully submitted,
Karen Q. Snyder, RMC
Town Clerk
Town of Cortlandville
L,
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