HomeMy WebLinkAbout08-03-20053a5-
AUGUST 03, 2005
VA1085�
TOWN BOARD MEETING
The Regular Meeting of the Town Board of the Town of Cortlaridwille was held at the
Town Hall, 3577 Terrace Road, Cortland, New York, with Councilman Tupper presiding.
Members present: Deputy Supervisor, Theodore Testa
Councilman, Edwin O'Donnell
Councilman, Ronal Rocco
Councilman, Richard Tupper
Town Clerk, Karen Q. Snyder
Absent:
Supervisor, Raymond Thorpe
Others present were: Town Attorney, John Folmer; Highway Sup't. Carl Bush; Planning
Board member, Nick Renzi; Donna & Jeffery Johnson, 1223 Louise Drive; Dorothy Furman,
3707 Levydale Park; Mary and Andrew Miner, 3275 Walden Oaks Blvd.; Olga Savino, 3307
Walden Oaks Blvd.; Charles and Philomena Curley, 983 Beechwood Lane; Gene and Agnes
Bierbaum, 934 Walden Pond Lane; Carl Pearce, 3351 Walden Oaks Blvd.; Nadine Reisweber,
3264 Coventry Lane; John and Laura May, 3278 Coventry Lane; Melissa and Britton Chan, 3285
Coventry Lane; Debbie Quick, 924 Walden Pond Lane; Steve and Lisa Lissberger, 3289
Coventry Lane; Karen Tabel, 3263 Coventry Lane; Jim and Maureen Mulherin, 3262 Coventry
Lane; Sheila Murray, 3291 Wellington Drive; Joseph Governali, 3316 Fairway Heights; Richard
and Vashti Peagler, 3272 Coventry Lane; Gordon and Beverly Johnson, 3269 Coventry Lane;
Representatives of CAPE: Robert Rhodes, 1 Floral Avenue, and Dr. Arthur and Dr. Patricia
Shedd, 437 Surrey Drive; Sharon Stevans from Channel 2, Access TV; and News Reporter, Patrick
Ruppe from the Cortland Standard.
Councilman Tupper called the meeting to order. He explained to those in attendance that
Supervisor Thorpe asked him to preside over the meeting in his absence, as Deputy Supervisor
Testa may have to leave the meeting early.
RESOLUTION #147 AUTHORIZE PAYMENT OF VOUCHERS —AUGUST
Motion by Councilman Rocco
Seconded by Councilman O'Donnell.
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the vouchers submitted have been audited and shall be paid as follows:
General Fund A
Vouchers #384 - 407
$ 11,331.12
General Fund B
B89 - B95
$116,769.42
Highway Fund DB
D278 - D306
$ 27,626.37
Water Fund
W 136 - W 143
$ 63,111.58
Sewer Fund
S61 - S66
$ 30,378.90
Capital Projects
H71 - H81
$242,604.89
Councilman Tupper offered privilege of the floor to Jim Mulherin.
Jim Mulherin, President of the Walden Oaks Homeowners Association and resident of
Walden Oaks, apprised the Board he was in attendance to express concerns regarding the
development of the Polo Field on Route 13 for the Super Wal-Mart PUD. He reiterated some issues
which he brought up at a past Town Board meeting that would be a result of the big box
construction: (1) Traffic and speed on Bennie Road; (2) Increased and added traffic flow; (3)
Traffic on Route 13 and Route 281; (4) Noise - 24 hours a day: cars/trucks/plows/deliveries/garbage
pickup/announcements on PA; (5) Lights from dusk to dawn; (6) Dust, odors, garbage; (7) Pollution
of creek along the Walden Oaks development; (8) Low water pressure/fluctuating water pressure for
residents; (9) Enormous blacktop surface for parking; (10) Affects on the immediate area and
environment — heat, temperature; (11) Noise and odors during the construction of the building; (12)
Property values of residences/taxes.
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AUGUST 03, 2005 TOWN BOARD MEETING PAGE 2
Mr. Mulherin commented that the Walden Oaks development is a high quality community
for families, which is continuing to grow. The residents would like to continue their same quality of
life in the future that they experience now. He asked the Board to consider the Walden Oaks
development and the issues he discussed during the review process for the Super Wal-Mart PUD.
Councilman Tupper offered privilege of the floor to Mary Miner.
Mary Miner, 3275 Walden Oaks Blvd., apprised the Board she has lived in the Town for
1 1/3 years. She stated she "did not sign on to be a neighbor of Super Wal-Mart," and
challenged the "Town Board to tell me what Super Wal-Mart is going to bring to our
community." Mrs. Miner stated there are already supermarkets and off -price stores in the
community. She questioned whether the Town would "sacrifice our neighborhoods, our water
quality, because we have to wait an extra two or three minutes ... we have no guarantee that
Super Wal-Mart lines would be any shorter or any faster." Mrs. Miner stated there would not be
a net gain in jobs except for the initial construction phase.
Councilman O'Donnell interjected and apprised Mrs. Miner that the Town is currently
gathering information regarding Super Wal-Mart. He stated that tonight's meeting was not a public
hearing to discuss the Super Wal-Mart PUD.
Councilman Rocco questioned Mrs. Miner whether her property was on the perimeter of the
proposed site.
Ms. Miner stated she lives on Walden Oaks Blvd., the second street in the development,
rather than on the perimeter. Mrs.. Miner stated she hears traffic from KMART right now, which
she was aware of when she purchased the property.
Councilman Rocco commented that the Super Wal-Mart PUD is not a new issue to the
Board as they have been dealing with it for 2+ years. He stated that the Board "has every single one
of your concerns in mind in our deliberations." He thanked Mrs. Miner for her input and stated that
the Board is a long way away from making a decision. He assured those in attendance that they
could contact the members of the Board through correspondence, phone calls, or at the meetings.
Attorney Folmer responded to Mr. Mulherin's concerns, and the status of the Town with the
SEQR review process for the Super Wal-Mart PUD application.
The Board completed a Scoping Document, which identifies the issues that need to be
addressed within the SEQR review. Several meetings were conducted in which different concerns
were addressed, including a letter from CAPE citing 92 items they felt the Board should consider.
He informed those in attendance that every single item Mr. Mulherin mentioned under
privilege of the floor was contained as an item of discussion in the Scoping Document. The
Scoping Document was prepared as a direction for Super Wal-Mart to prepare its Environmental
Impact Statement (EIS). There is no time requirement for Super Wal-Mart to complete the EIS.
However, once the EIS is received the Board then has 45 days to determine whether the EIS is
complete. The term "complete" means that the applicant has addressed every item raised in the
Scoping Document. It does not mean that the Board agrees with what the applicant has indicated or
that the solutions are appropriate.
Councilman Rocco apprised those in attendance that not only are Bennie Road and Route
13/281 going to be impacted by the proposed development, but areas such as Lime Hollow Road,
Pheasant Run, McLean Road, Fairview Drive etc. would be impacted as well.
Councilman O'Donnell commented that the Board has also received letters from people in.
favor of Super Wal-Mart, which are on file with the Town Clerk. He stated the Board is not ready
to make any decision on the matter any time soon.
Councilman Tupper apprised those in attendance that while the Super Wal-Mart PUD was
not on the agenda for discussion he would offer privilege of the floor to those who wanted to voice
their concerns. He asked people to keep their comments brief and noted that the Board may not be
able to respond.
Councilman Tupper offered privilege of the floor to Richard Peagler.
Richard Peagler, 3272 Coventry Lane, stated that at some point the Board would have to
do a "benefit analysis." Residents of the Walden Oaks development have already listed most
things that would impact the community. On the other side, he acknowledged that there may be
benefits of a Super Wal-Mart in the community. Mr. Peagler questioned whether the Board
would have a document that would look at the costs and benefits of a Super Wal-Mart.
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AUGUST 03, 2005 TOWN BOARD MEETING PAGE 3
Councilman Tupper informed Mr. Peagler that the Scoping Document requires a benefit
analysis be submitted.
Attorney Folmer stated the benefit analysis would be prepared by Super Wal-Mart and
submitted with the EIS. Again, whether or not the benefit analysis submitted by the applicant is
one that the Board is prepared to adopt is another matter.
Councilman Tupper offered privilege of tY& floor to Quinn Mulherin.
Quinn Mulherin, an adolescent boy, commented that the people who reside at the Walden
Place nursing home would probably rather watch people play polo on the field than look at a
building. He also stated that a Super Wal-Mart would ruin people's peace and their ability to sleep.
Councilman Tupper offered privilege of the floor to Steve Lissberger.
Steve Lissberger, 3289 Coventry Lane, commented on Councilman Tupper's earlier
statement that Wal-Mart was not on the agenda for tonight's meeting. He stated that not every
interested person is able to attend every Board meeting, but they want to let the Board know how
important the issue is to them and their families.
Mr. Lissberger commented that he has yet to hear a reason why Super Wal-Mart chose
the polo field site when there are many other sites on the Route 13 corridor between Cortland
and Dryden in which a 24-hour retail store would not affect the surrounding area like the
proposed site would. He mentioned the possible expansion of Route 281/Route 13 and how the
corridor is already congested. Mr. Lissberger suggested that if the Super Wal-Mart is approved
the Board should require them to construct a 25-foot burm, and, a 15-20 foot masonry wall to
reflect the noise, light and heat that would be created. The burm and wall would also act as a
barrier to "cushion the blow" of noise.
Councilman Rocco commented that Super Wal-Mart representatives should be conversing
with residents of Walden Oaks to discuss concerns. Regarding Mr. Lissberger's suggestion for a
burm and masonry wall, he questioned whether they could build a burin high enough to have an
affect. He apprised those in attendance that during the Scoping Session the Board discussed things
such as noise and the time of garbage pickup, and the protection of the creek. The Planning Board
would also be deeply involved in the plans. Councilman Rocco stated the Board was very
concerned with protection of the aquifer, which would be taken care of "no matter what the cost" if
the application is approved.
Attorney Folmer responded ,to Mr. Lissberger's comments. First, he stated that he has heard
discussion of the expansion/widening of Route 281/Route 13 for many years. Secondly, in his
many discussions with the attorneys for Super Wal-Mart, the only reason for the particular location
was, "that's the site we picked." Thirdly, as far as burms and trees, the Planning Board will have
site review control over whatever is done if the application gets to that point. Attorney Folmer
stated there are a variety of things that can be required.
Councilman Tupper commented that the Town's new zoning regulations would have more
positive greenspace and design requirements than the Town has had in the past.
An unknown man in attendance questioned how the community should stay abreast of what
is transpiring with the application?
Attorney Folmer commented that News Reporter, Patrick Ruppe of the Cortland Standard
would more than likely publish an article once Super Wal-Mart submitted the EIS.
Councilman Tupper commented that the Town Board meeting agendas are published in
advance. If concerned about what is on the agenda he suggested they call the Town Hall.
Councilman O'Donnell pointed out Sharon Stevans from Channel 2, Access TV, who was
videotaping the meeting.
A woman in attendance questioned whether the agenda could be published in the Cortland
Standard.
Councilman Rocco stated the problem with publishing the agenda is that the Board tries to
be very flexible with the agenda and allows items to be added to the agenda until 12:00 p.m. the day
before a meeting.
Attorney Folmer informed those in attendance that the Cortland Standard has a 48-hour rule
for publications. An item for publication must be submitted at least 48-hours prior to when the item
is requested to be published. He stated it would not be possible to have a final agenda that far in
advance.
Members of the Board stated they could be contacted prior to meetings regarding the
agenda, or the Supervisor's Secretary could be contacted at the Town Hall.
AUGUST 03, 2005 TOWN BOARD MEETING PAGE 4
There was discussion regarding whether or not the agenda could be posted on the Town's
website. Town Clerk, Karen Q. Snyder apprised those in attendance that the Town has a website,
which is still being developed. She stated that the Supervisor's office, which creates the agenda,
should be able to accommodate the request and post the agenda on the website.
Councilman Tupper offered privilege of the floor to Joseph Governali.
Joseph Governali, 3316 Fairway Heights, stated the agenda was not the issue; the issue was
when Super Wal-Mart would be discussed. He stated it was hard to believe that the Board wouldn't
have at least 48-hours notice that Super Wal-Mart would be discussed.
Mr. Governali questioned whether the Board had any responsibility to suggest to Wal-Mart
that the proposed site is not a good site and suggest that there was a much better site down the road.
He questioned whether the Town was doing a cost and benefit analysis or would the Town use
Super Wal-Mart's analysis to determine whether it is correct?
Attorney Folmer apprised Mr. Governali that the Town does not have anything to say about
the site Super Wal-Mart chose. The Town has to deal with the application they were given. The
Town suggested to the applicant that they would have less problems regarding the aquifer and the
public if they chose a site further down the road. The fact that the applicant wants to use the site
chosen is its own business.
Attorney Folmer stated that the Town would do its own cost and benefit analysis, but not
until they have seen the basis upon which the applicant has done its analysis. The Town would
make a comparison as to the items they have included. The analysis would be available to the
public. The SEQR process from the time the EIS is received until the Board is done is open for
public inspection from beginning to end. The indication that the Board has held meetings with Wal-
Mart that the public has not known about is false.
Mr. Governali stated his point was that people wanted to talk about Wal-Mart.
Attorney Folmer stated the reason Wal-Mart is not on the agenda was because there is
nothing to talk about until the Board has the EIS that is forthcoming.
Deputy Supervisor Testa stated "2 %2 years ago when we heard about Wal-Mart our number
one choice was 2 %2 miles down the road ... that was our choice. They selected another choice."
Councilman Rocco explained to those in attendance that the Board cannot tell Super Wal-
Mart that they "cannot conduct the type of business that they want to conduct." Super Wal-Mart
selected the Route 13 site, and the Board now has to deal with that issue despite their suggestion to
move further down Route 13. Councilman Rocco stated the Board has to be very careful with the
process, and commended Attorney Folmer on his job guiding the Town thus far. He assured those
in attendance that the Board wants the public to be involved.
Mr. Governali questioned what some of the pro's of a Wal-Mart were.
Attorney Folmer suggested they discuss the issue at the public hearing.
Councilman Tupper stated that all correspondence regarding Super Wal-Mart is part of the
public record and can be reviewed at the Office of the Town Clerk.
Councilman Tupper offered privilege of the floor to Melissa Chan.
Melissa Chan, 3285 Coventry Lane, apologized to the Board for organizing the residents of
Walden Oaks to attend the meeting. After 2 1/2 years of discussion on the topic of Super Wal-Mart
she hoped the Board would have some answers to their questions. Mrs. Chan read a prepared
statement aloud regarding her feelings for the community, her concerns that Super Wal-Mart would
have a negative affect on the community, as well as her concern for water protection as she read the
Town's mission statement for its water. She implored the Board to "listen to your community
members," and stated that their positions as councilmen "are ones that come with privilege and
responsibility for the Town of Cortlandville citizens ... and should be used in an effort to serve the
best interests for the future of this town."
Mrs. Chan asked the Board to review her correspondence and the list of questions attached,
which at the request of Councilman Tupper she did not recite. She presented Councilman Tupper
with a copy of her correspondence to be received and filed at the next meeting.
Councilman Tupper offered privilege of the floor to Donna Johnson.
Donna Johnson, 1223 Louise Drive, apprised the Board that over 25 residents of Louise
Drive, Levydale Park, and Isabel Drive recently held a Neighborhood Watch Group meeting and
invited Councilman Testa, Attorney Folmer, and Officer Bracken to attend. At that time, Attorney
Folmer informed the group of the status with the proposed ordinance. Mrs. Johnson urged the
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AUGUST 03, 2005 TOWN BOARD MEETING PAGE 5
Board to "make sure the law is going to stick, and pass it as soon as possible." She continued by
stating they "are very limited ... legally, in our ability to keep our neighborhood safe and quiet."
Mrs. Johnson read a letter aloud written by the Neighborhood Watch Group to adopt and
enforce a Noise Control Ordinance.
Councilman Tupper offered privilege of the floor to Nick Renzi.
Planning Board member, Nick Renzi reiterated that every meeting held by the Town Board
or Planning Board regarding the Super Wal-Mart PUD have been open meetings in which the
public were invited to attend.
On another note, Mr. Renzi discussed three pending issues and asked that the Board make
the following issues permanent agenda items until they are brought to completion. He also asked
that a status report be presented on each item at every Town Board meeting, and that a target
completion date be established. The three issues were as follows:
1) Request the Town Board take action to upgrade the Planned Unit Development section
of the Town Code (Resolution #12 of 2005, January 28, 2005 Town Planning Board
meeting)
2) Request the Town Board initiate action to have the Stormwater Management section of
the Town Code reviewed by the Soil & Water Conservation District to ensure that it
conforms to the latest State requirements. (Resolution #62 of 2005, June 28, 2005
Planning Board meeting)
3) Recommendation to the Town Board that the depth of lots shall be no more than three
times the average width of such lots, and that lots incorporating septic systems be no less
than two acres in size. (Resolution #77 of 2005, July 28, 2005 Planning Board meeting.)
Councilman Tupper offered privilege of the floor to Maureen Mulherin.
Maureen Mulherin, 3262 Coventry Lane, read a prepared statement aloud regarding her
opposition to the proposed Super Wal-Mart PUD, and the negative effects the big box store
would have on the area and her neighborhood. She mentioned several issues including the
following: noise, traffic, Walden Oaks development, property values, quality of life, low water
pressure, loss of the polo field. Mrs. Mulherin asked the Board to think about `this type of
development being in your own backyard," and whether or not it would affect their decision.
Councilman Rocco apprised the Board the residents of Westmore Lane requested to
reserve the Town Hall on either August loth, 2005 or August 1 l th, 2005 to hold a neighborhood
meeting. There was no objection from the Board.
Monthly reports of the Supervisor and the Town Clerk for the month of July 2005 were
on the table for review and are filed in the Town Clerk's office.
RESOLUTION #148 ACKNOWLEDGE NOTIFICATION FROM THE STATE FOR
FILING OF LOCAL LAW NO. 1 OF 2005
Motion by Councilman O'Donnell
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the NYS Department of State acknowledged receipt of Local Law No. 1 of
2005, to be effective July 11, 2005, a Zoning Text Amendment for Residential Building Height.
RESOLUTION #149 ACKNOWLEDGE NOTIFICATION FROM THE STATE FOR
FILING OF LOCAL LAW NO.2 OF 2005
Motion by Councilman O'Donnell
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the NYS Department of State acknowledged receipt of Local Law No. 2 of
2005, to be effective July 18, 2005, Zoning Text Amendment.
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AUGUST 03, 2005 TOWN BOARD MEETING PAGE 6
Town Clerk Snyder apprised the Board she was in receipt of correspondence from 281
Bowl Inc. and the Statewide Country Music Association, Inc., regarding their intent to renew their
NYS liquor license.
Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and file
correspondence from Scott Becker, President of 281 Bowl Inc., regarding his intent to renew the
liquor license for the establishment located at 3898 NYS Route 281. All voting aye, the motion was
carried.
Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and file
correspondence from William H. Knight, President of the Statewide Country Music Association,
Inc., regarding his intent to renew the liquor license for the establishment located off of NYS Route
13. All voting aye, the motion was carried.
RESOLUTION #150 ACKNOWLEDGE RECEIVING "NOTICE OF PETITION" FOR
REVIEW OF ASSESSMENT
Motion by Councilman O'Donnell
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby acknowledge, by receiving and filing, the
"Notice of Petition" from Eric Barden regarding his current assessment properly value, tax map
#76.00-02-22.000.
Town Clerk Snyder apprised the Board she added information to their packet regarding
the proposed Noise Ordinance and a decibel meter. The information was provided by Under
Sheriff Marry Coolidge.
Councilman Rocco made a motion, seconded by Councilman O'Donnell, to receive and
file information regarding decibel meters for the proposed Noise Control Ordinance from
Cortland County Under Sheriff, Marry Coolidge. All voting aye, the motion was carried.
Attorney Folmer reported:
EFC Serial Bond for the Highland Road Sewer Improvement Project:
Attorney Foliner apprised the Board he presented Town Clerk Snyder with materials
from Bond Counsel concerning the $2 million (+) program from the Environmental Facilities
Corporation for the Highland Road Sewer Improvement Project. Some of the money has already
been received, while the rest of the money is forthcoming.
Assessment — Notice of Petitions:
Attorney Folmer apprised the Board there are three Notice of Petitions concerning
assessments filed by Pall Trinity Micro Corporation, KMART Corporation, and Eric Barden.
Bell Drive Drainage Project:
With regard to the Bell Drive Drainage Project, it was suggested there be a pipe cleaning
project from Route 281 east, which would involve property owned by the Cortland Country
Club. At the request of Highway Sup't. Carl Bush and the Board, Attorney Folmer drafted a
letter to the Cortland Country Club outlining some things the Town may have to do in
connection with the project. The letter also states that the Town would not assume responsibility
for certain items. After being reviewed by Sup't Bush, the letter would be mailed to the Country
Club.
Noise Ordinance:
Attorney Folmer requested the Board schedule a Public Hearing regarding the proposed
Noise Control Ordinance for August 17, 2005 at 5:00 p.m.
1
1
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AUGUST 03, 2005
TOWN BOARD MEETING
PAGE 7
RESOLUTION #151
SCHEDULE PUBLIC HEARING FOR LOCAL LAW OF 2005 —
NOISE CONTROL ORDINANCE
Motion by Councilman Rocco
Seconded by Councilman O'Donnell
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, a Public Hearing is hereby scheduled for August 17, 2005 at 5:00 p.m.
concerning the adoption of a Local Law for the Town of Cortlandville — Noise Control
Ordinance.
Attorney Folmer apprised the Board and those in attendance that he requested an
Executive Session to discuss pending litigation.
Attorney Folmer apprised the Board that when they make a decision with regard to the
SEQR review and an Aquifer Protection Permit regarding the Super Wal-Mart PUD, that if the
Board denies the permit they may be immediately faced with an Article 78 Proceeding similar to
the one the Town had with Rerob, LLC. If the Board grants the permit they may also be faced
with a lawsuit stating the granting of the permit was an arbitrary and capricious matter. He
explained that the problem with such proceedings is that the Town has to "maintain a very
careful record of what we do, how we do it, when we do it, and with whom we do it."
Therefore, Attorney Folmer advised the Board "it is not a good practice ... to conduct
lengthy discussions concerning a Wal-Mart application without prior notice to Wal-Mart, and
prior notice to the public so that the discussion can be conducted on both ends of the spectrum."
The Board would not have to be faced in an Article 78 Proceeding that may be commenced at the
conclusion of the process because the Board conducted meetings to discuss the situation without
notifying all of the parties that are involved. If the Board conducts such discussion, Attorney
Folmer stated he would advise the Board they are conducting discussion against the advice of
counsel.
Councilman Rocco stated it was necessary to give the public the same information at the
beginning of the meeting so they understand "the constraints under which the Board is acting,
and that we're not trying to evade or not answer their questions."
Attorney Folmer stated the Board can be criticized and accused of developing
information in a forum that does not include an opportunity for everybody to discuss the issue.
Attorney Folmer stated the Board has conducted itself in the most open manner that could be
imagined. He commented that there have been two editorials in the Cortland Standard
congratulating the Town on the openness of its process.
Deputy Supervisor Testa questioned whether the Town could purchase a decibel meter
reader based on the recommendation made by Under Sheriff Marty Coolidge prior to the
adoption of the Noise Control Ordinance.
Attorney Folmer stated the Board would adopt a Noise Ordinance, and a decibel meter
reader would be necessary to enforce the ordinance.
Councilman Tupper reminded the Board that the expenditure was authorized at the last
Town Board meeting.
RESOLUTION #152 RESOLUTION TO BE PAID DIRECTLY ALL OF TOWN'S
SHARE OF COUNTY SALES TAX
Motion by Councilman O'Donnell
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
RESOLVED, that the Town of Cortlandville pursuant to Tax Law Section 1262 elects to be paid
directly all of its share of county sales taxes which would otherwise be applied to reduce the
county taxes levied upon real property in the Town of Cortlandville, and be it further
RESOLVED, that pursuant to Town Law Section 1262, this resolution shall be effective
commencing with calendar year 2006, and it is further
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AUGUST 03, 2005 TOWN BOARD MEETING PAGE 8
RESOLVED, that the Cortlandville.Town Clerk shall forward a certified copy of this Resolution
to the Cortland County Treasurer and the Cortland County Director of Real Property Tax
Services by registered or certified mail before September 01, 2005.
Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and
file the Cortland County Airport Master Plan Update - Phase I, submitted by C&S Engineers.
All voting aye, the motion was carried.
Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and
file correspondence from Deputy Supervisor Testa to Senator Seward regarding the
pedestrian/motor vehicle accident on McLean Road near the intersection of Route 13. All voting
aye, the motion was carried.
Councilman Rocco questioned whether Councilman Testa had any information regarding
the traffic situation after his meeting with Senator Seward's representative.
Councilman Testa stated the NYS DOT would conduct its own survey and report back to
the Town. The Board has been trying to resolve the traffic problem since 2002.
Councilman Tupper stated that Deputy Supervisor Testa's letter to the Senator and it
being mentioned in the Cortland Standard helped get the NYS DOT's attention.
An unidentified man in attendance questioned what the status with the Route 281
expansion was.
Attorney Folmer stated he heard the Route 281/Route 13 Corridor expansion was
scheduled for 2008.
Councilman Tupper stated there is a funding problem for the project.
Mr. Lissberger questioned whether the Board would still have a legal problem if the
public made comments under privilege of the floor regarding Super Wal-Mart if the Board did
not respond.
Attorney Folmer stated he does not intend to stop the public from communicating with
the Board on the subject. What Attorney Folmer intends to do is to limit the amount of
communication from the Board to the public until there is an appropriate forum.
Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and
file correspondence from Deputy Supervisor Testa to NYS Assemblywoman Barbara Lifton
regarding the pedestrian/motor vehicle accident on McLean Road near the intersection of Route
13. All voting aye, the motion was carried.
Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and
file correspondence ,from Senator James Seward regarding the intersection of Route 13 and
McLean Road. All voting aye, the motion was carried.
Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and
file correspondence from Barbara & John Fauth, Nancy Barnett, and Lois Meyer regarding the
proposed Noise Ordinance for the Town. All voting aye, the motion was carried.
RESOLUTION #153 AUTHORIZE REQUEST TO REDUCE SPEED LIMIT ON THE
WEST RIVER ROAD
Motion by Councilman O'Donnell
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
WHEREAS, a request was received from the Town's Highway Superintendent Carl Bush, to
reduce the speed limit on the West River Road to 35 mph for 0.4 miles from the intersection of
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AUGUST 03, 2005 TOWN BOARD MEETING PAGE 9
Clute Road and the next section 0.4 miles of West River Road to 45 mph to the Town of Virgil
town line, and
WHEREAS, the West River Road is a town highway, therefore
BE IT RESOLVED, the Town Board does hereby authorize and direct this request be sent to the
NYS DOT for approval, via the Cortland County Highway Superintendent for their input, as
required.
Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and
file the "Proceeding on Motion of the Commission to Examine the Safety of the Electric
Transmission and Distribution Systems," from the NYS Public Service Commission. All voting
aye, the motion was carried.
Councilman Testa made a motion, seconded by Councilman O'Donnell, to receive and
file the notice from Meg Paskins of the NYS Department of Economic Development/Empire
State Development regarding the Public Hearing for Essex Structural Steel Co. Inc. on August 8,
2005 at 2:30 p.m. at the Cortlandville Town Hall. All voting aye, the motion was carried.
The code violation of Gene and Barbara Craig for property located at 3636 Fairview
Drive, Cortland, New York, was resolved. Councilman Tupper commented on CEO Bruce
Weber's response time regarding the violation as the matter was corrected almost immediately.
RESOLUTION #154 REFER CODE VIOLATION OF KENNETH BECKER FOR
PROPERTY LOCATED AT 3612 PLEASANT VIEW DRIVE TO
TOWN ATTORNEY FOR REVIEW AND PROCEED AS
REQUIRED
Motion by Councilman Rocco
Seconded by Councilman O'Donnell
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the code violation of Kenneth Becker for property located at 3612 Pleasant
View Drive, Cortland, New York, is hereby referred to the Town Attorney for review and he is
hereby directed to proceed with compliance, as required.
RESOLUTION #155 APPROVE REVISED PAYMENT APPLICATION #2 FOR THE
CORTLANDVILLE STARR ROAD PARK & RECREATION
CENTER
Motion by Councilman O'Donnell
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby approve payment application #2 to Adhan
Piping Inc. for work completed on the Cortlandville Starr Road Park & Recreation Center.
Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and
file the Cortland County Planning Board Resolution #05-40 regarding the Aquifer Protection
Permit application of Michael Edwards for property located on NYS Route 281. All voting aye
the motion was carried.
Attorney Folmer questioned whether the Planning Board completed their review.
Town Clerk Snyder apprised the Board the Planning Board postponed action on the
application until its August 31, 2005 meeting. No public hearing should be scheduled at this
time.
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AUGUST 03, 2005 TOWN BOARD MEETING PAGE 10
RESOLUTION #156 AUTHORIZE REDUCTION OF WATER BENEFIT UNIT
CHARGE FOR PROPERTY OWNED BY CHRISTOPHER
BUSHNELL LOCATED ON PAGE GREEN ROAD
Motion by Councilman Rocco
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
WHEREAS, a request was received from Christopher Bushnell for the reduction of the Water
Benefit tax unit charge for the 2006 Town and County tax bill for property located on Page
Green Road, and
WHEREAS, such request was reviewed by Town Assessor, David Briggs, who reported that the
water benefit tax calculation was correct for the residential parcel based on the 510' of road
frontage, and
WHEREAS, the Board determined an adjustment for the parcel was appropriate due to fact that
Mr. Bushnell has excessive frontage and intends to have only one residence on his property,
therefore
BE IT RESOLVED; the Town Assessor, David Briggs is hereby authorized and directed to
reduce the Water Benefit tax unit charge to 2.0 units for parcel #96.00-03-09.000 located at 3655
Page Green Road owned by Christopher Bushnell, commencing with the 2006 Town and County
tax bill, and it is further
RESOLVED, that the upcoming Sewer Benefit tax unit charge shall also be based on 2.0 units.
RESOLUTION #157 DENY REQUEST OF CHRISTOPHER BUSHNELL TO
REDUCE THE WATER BENEFIT TAX UNIT CHARGE FOR
PROPERTY LOCATED ON PAGE GREEN ROAD
Motion by Councilman Rocco
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
WHEREAS, a request was received from Christopher Bushnell requesting the Water Benefit tax
unit charge be reduced for the 2006 Town and County tax bill for property located on Page
Green Road, and
WHEREAS, such request was reviewed by Town Assessor, David Briggs, who reported that the
vacant parcel water benefit tax calculation was correct for the vacant parcel based on the 263' of
road frontage, and
WHEREAS, the Benefit tax for said parcel is based on the property's road frontage, therefore
BE IT RESOLVED, the Town Board does hereby deny the request for the removal of the Water
Benefit unit charge for property located on Page Green Road, tax map #96.00-03-07.000, owned
by Christopher Bushnell, and it is further
RESOLVED, the upcoming Sewer Benefit tax unit charge shall also be based on 2.6 units.
Councilman Rocco thanked Water & Sewer Sup't. Peter Alteri and Town Clerk Snyder
for their efforts in organizing the CPR course for interested Town employees and officials. The
CPR course is being held at the Cortlandville Fire. Department. Councilman Rocco was pleased
that so many employees took advantage of the opportunity to learn CPR and how to operate the
defibrillator. He stated that the knowledge may help save a life someday.
AUGUST 03, 2005 TOWN BOARD MEETING PAGE I I
39 5
Councilman O'Donnell made a motion, seconded by Councilman Rocco, to receive and
file correspondence from Lisa Foster, 3596 Parti Drive complimenting Code Enforcement
Officer, Bruce Weber on his dedication to his job and Cortlandville residents and for
accommodating Mrs. Foster with her building permit application. All voting aye, the motion
was carried.
The Board gave accolades to CEO Bruce Weber for his hard work and dedication to the
Town.
No further comments or discussion were heard.
Councilman O'Donnell made a motion, seconded by Councilman Rocco, to recess the
Regular Meeting to an Executive Session. All voting aye, the motion was carried.
The meeting was recessed at 8:15 p.m.
The following information was received from the Supervisor's office.
Councilman O'Donnell made a motion, seconded by Councilman Rocco, to adjourn the
Executive Session and reconvene to the Regular Meeting. All voting aye, the motion was
carried.
No action was taken.
Councilman O'Donnell made a motion, seconded by Councilman Rocco, to adjourn the
Regular Meeting. All voting aye, the motion was carried.
The meeting was adjourned at 8:20 p.m.
1
Resp ctfully submitted,
Karen Q. Snyder, RMC
Town Clerk
Town of Cortlandville