HomeMy WebLinkAbout09-07-2005SEPTEMBER 07, 2005
7:00 P.M.
TOWN BOARD MEETING
The Regular Meeting of the Town Board of the Town of Cortlandville was held at the
Town Hall, 3577 Terrace Road, Cortland, New York, with Deputy Supervisor Testa presiding.
Members present: Deputy Supervisor, Theodore Testa
Councilman, Edwin O'Donnell
Councilman, Ronal Rocco
Councilman, Richard Tupper
Town Clerk, Karen Q. Snyder
Others present were: Town Attorney, John Folmer; Highway Sup't. Carl Bush; Planning
Board Member, Nick Renzi; W. Ann Bliss; Marsha Havran, 32 Halstead Rd.; Donna Johnson, 7
Louise Dr.; Dorothy and Edward Roberts, 21 Abdallah Ave.; Lydia Ferro, 710 McLean Rd.; Bonnie
Carlson, 125 Chelsea Dr.; Douglas & Nancy Hatch, 779 Pheasant Run; Mary Miner, 3275 Walden
Oaks Blvd.; Audrey & Karl Elsner, 64 Lamont Circle; Olga Savino, 3307 Walden Oaks Blvd.;
Arnold Talentino, 38 Van Hoesen St.; Dr. Arthur & Dr. Patricia Shedd, 437 Surrey Dr.; Norma &
Robert Rhodes, 1 Floral Ave.; Mary Solney. 2658 Holler Rd.; G. Anton Dorman; Bob Martin,
1142B The Park; Ernest Dodge, 3926 Highland Rd.; Kenneth Wooster, 27 Abdallah Ave.; Debbie
Quick, 924 Walden Pond Lane; Jim Mulherin, 3262 Coventry Lane; Grace Meddaugh, 1128 Old
Stage Rd.; Herb Haines, 12 Hannum Ave., Homer, NY; Britton Chan, 3285 Coventry Lane; Julia
Ganson, 1144 Old Stage Rd; Jamie Dangler, 1103 Wolf Rd.; Charles Maxfield, 5 Ellwood; John
May, 3278 Coventry Lane; Ron Powell, 24 Melvin Ave.; Richanna Patrick, 23 Atkins Ave.; Susan
Fitts, 811 Pheasant Run; Angeline & Donald McClory, 1086 Starr Rd.; News Reporter Eric
Mulvihill from WXHC; and News Reporter Patrick Ruppe from the Cortland Standard.
Deputy Supervisor Testa announced that Town Supervisor, Raymond G. Thorpe passed
away September 6, 2005. He asked that the Board and those in attendance honor Supervisor
Thorpe with a minute of silence.
Town Clerk Karen Q. Snyder apprised the Board and those in attendance that Supervisor
Thorpe's children, Kim and Mark, came to Town Hall today and asked that she read some last
words from Ray aloud. Town Clerk Snyder stated, "Ray wanted everybody to know how much
he loved us and how he will miss us. He asked us to take care of each other and the town he so
proudly served. And lastly, to behave ourselves."
Deputy Supervisor Testa stated that had there been more time to cancel tonight's meeting
the Board would have done so. He asked those in attendance to keep in mind that this would be
a difficult meeting for the Board.
Deputy Supervisor Testa called the meeting to order.
Councilman O'Donnell made a motion, seconded by Councilman Rocco, to receive and file
the Planning Board Minutes of June 28, 2005. All voting aye, the motion was carried.
Councilman Rocco made a motion, seconded by Councilman O'Donnell, to receive and file
the Zoning Board of Appeals Minutes of June 28, 2005. All voting aye, the motion was carried.
Councilman Rocco made a motion, seconded by Councilman O'Donnell, to receive and file
the Zoning Board of Appeals Minutes of July 26, 2005. All voting aye, the motion was carried.
Draft Town Board Minutes of July 20, 2005 and August 3, 2005 were submitted to the
board for their review.
RESOLUTION #164 AUTHORIZE PAYMENT OF VOUCHERS - SEPTEMBER
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:
qo :�
SEPTEMBER 07, 2005 TOWN BOARD MEETING
PAGE 2
General Fund A
Vouchers #428 - 454
$
13,834.12
General Fund B
B 104 - B 113
$
18,109.92
Highway Fund DB
D327 - D354
$
72,820.81
Water Fund
W 154 - W 163
$
1,787.69
Sewer Fund
S75 - S79
$
86,592.09
Capital Projects
H92 - H98
$
12,804.68
Deputy Supervisor Testa offered privilege of the floor to Mary Miner.
On behalf of Citizens for Aquifer Protection and Employment (CAPE), Mary Miner
expressed sincere condolences to the Town Board and the Town Hall staff for the loss of a
longtime friend and colleague, Raymond Thorpe.
Mrs. Miner stated that while she could have postponed her presentation to the Board, she
did not have time to contact all of the CAPE members who planned to attend tonight's meeting.
She noted that Supervisor Thorpe "commanded our respect and he responded to our inquiries and
suggestions in like manner. He will be truly missed."
Regarding her presentation, Mrs. Miner thanked the Board for allowing her to speak on
behalf of CAPE and the Cortland community. She presented the Board with 177 statements
from Cortlandville residents who signed their names in opposition to the building of a Super
Wal-Mart in Cortlandville "because of its negative impact on the aquifer, its negative impact on
the economic health of our community, and its negative impact on our quality of life." She noted
there were additional concerns about increasing the traffic problem. She stated that the
"destruction of the polo field and the building of a Super Wal-Mart is not in the best interest of
our Cortlandville community."
Councilman O'Donnell made a motion, seconded by Councilman Rocco, to receive and
file 177 statements from Cortlandville residents, submitted by CAPE, opposing the construction
of a Wal-Mart Supercenter in Cortland County. All voting aye, the motion was carried.
Deputy Supervisor Testa offered privilege of the floor to Bonnie Carlson.
Bonnie Carlson voiced her concern regarding the proposed Super Wal-Mart and noted
that she has read many books and articles about "how toxic Wal-Mart is to communities." She
pointed out the t-shirt she designed regarding her opposition to Wal-Mart.
The monthly reports of the Town Clerk, Water & Sewer Dept. and Supervisor for the
month of August 2005, and for the SPCA for the months of June and July 2005 were on the table
for review and are filed in the Town Clerk's office.
Town Clerk Snyder apprised the Board that a public hearing on the Draft Environmental
Impact Statement (DEIS) for the Finger Lakes East — Build Now NY Business Park would be
held on September 21, 2005 at the Cortlandville Town Hall at 6:00 p.m.
Town Clerk Snyder apprised the Board they received correspondence from the New York
State Department of Transportation regarding the Town's request for a lower speed limit on
West River Road. The DOT would conduct a formal investigation at the location. The DOT
also noted its new initiative to be more responsive to its customers, and encouraged the Town to
submit any information that may be helpful in the investigation.
Councilman O'Donnell made a motion, seconded by Councilman Rocco, to receive and
file correspondence from the New York State Department of Transportation regarding the
Town's request for a lower speed limit on West River Road. All voting aye, the motion was
carried.
Town Clerk. Snyder apprised the Board she received notification from the Golden Lunch
Restaurant and Cort-Lanes Inc. regarding their intent to renew their liquor licenses.
1
1
14a�
SEPTEMBER 07, 2005 TOWN BOARD MEETING PAGE 3
Councilman O'Donnell made a motion, seconded by Councilman Tupper, to receive and
file correspondence from Earl and Betty Wild owners of the Golden Lunch Restaurant located at
3590 NYS Route 281, and from John Partigianoni, owner of Cort-Lanes Inc. located at 928 NYS
Route 13, regarding their intent to renew their liquor licenses. All voting aye, the motion was
carried.
Attorney Folmer reported:
Super Wal-Mart PUD:
Attorney Folmer apprised the Board that the Draft Environmental Impact Statement
(DEIS) for the Super Wal-Mart PUD has not been received, nor have the attorneys for the
applicant given any indication as to when the document would be submitted.
Local Law No. 3 of 2005 - Noise Control Ordinance:
Councilman Tupper questioned whether any noise complaints had been filed.
Attorney Folmer was not aware of any filed complaints. When a complaint is made it
should be filed with the Cortland County Sheriff s Department as indicated in the ordinance.
Deputy Supervisor Testa commented that Under Sheriff Coolidge was asked to research
decibel meter readers and to suggest a model to be purchased. The decibel meter reader would
be utilized by the Sheriff s Department.
Town Clerk Snyder apprised the Board the Local Law was mailed to the Department of
State for filing on Monday, August 29, 2005.
Councilman Rocco made a motion, seconded by Councilman O'Donnell, to receive and
file correspondence from Attorney Folmer to the Cortland Country Club regarding the cleaning
. of the Country Club drainage pipe and the agreement between the Town and the Country Club.
All voting aye, the motion was carried.
Councilman Rocco made a motion, seconded by Councilman O'Donnell, to receive and
file correspondence from Port, Kashdin & McSherry, Certified Public Accountants, regarding its
review of the Town Justice Account, Bail Account, Restitution Account, and Time Payment
Account for the Town Justice Court for the year ending December 31, 2004. All voting aye, the
motion was carried.
RESOLUTION #165 AUTHORIZE HIGHWAY SUP'T TO PURCHASE A MASSEY
FERGUSON TRACTOR WITH A LANDPRIDE MOWER
FROM THE NEW YORK STATE BID LIST
Motion by Councilman O'Donnell
Seconded by Councilman Rocco
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize and direct Highway Sup't. Carl
Bush to purchase a Massey Ferguson tractor, m/n 5445 with a Landpride mower m/n RCP2660
from the New York State Bid list in an amount not to exceed $48,000, and it is further
RESOLVED, the tractor and mower will replace a 1999 New Holland tractor, m/n TL90DT,
with a Landpride mower m/n 25-60, which will go to auction.
RESOLUTION #166 AUTHORIZE CODE ENFORCEMENT OFFICER TO ATTEND
THE PLANNING FEDERATION EDUCATIONAL
CONFERENCE
Motion by Councilman O'Donnell
Seconded by Councilman Rocco
VOTES: ALL AYE ADOPTED
ql1
SEPTEMBER 07, 2005 TOWN BOARD MEETING PAGE 4
BE IT RESOLVED, the Town Board does hereby authorize and direct Code Enforcement
Officer, Bruce Weber to attend the Planning Federation Educational Conference October 9, 2005
thru October 12, 2005.
Councilman Rocco commented that the Lime Hollow Nature Center is constructing a log
cabin near one of the s-turns on McLean Road, which will be utilized by local schools for
educational purposes. Councilman Rocco noted his concern with the speed limit and suggested
the Board request the DOT reduce the speed limit in the area from 55 mph to 45 mph up to the
Cortland County — Tompkins County line.
Attorney Folmer stated he would write a letter to the County Highway Department and
ask them, in view of the Lime Hollow Nature Center construction, to review the speed limit on
McLean Road.
Councilman Rocco thanked Attorney Folmer. He expected to receive a letter from the
Lime Hollow Nature Center regarding the issue. He would encourage the director of the center
to submit a letter to the Town, which could be forwarded to the County along with Attorney
Folmer's letter.
Councilman Tupper commented that even if the speed limit is not reduced the County
could help the speed situation with appropriate signage.
Planning Board member, Nick Renzi questioned whether the Members of the Board
received copies of the Draft Environmental Impact Statement (DEIS) for the Finger Lakes East —
Build Now NY Business Park.
The Board indicated that they did not receive the DEIS.
Mr. Renzi suggested the Board contact Linda Hartsock, Director of the IDA/BDC and
request a copy of the DEIS.
On another note, Mr. Renzi suggested the Board publish an advertisement in the Cortland
Standard notifying the public that the Town of Cortlandville has a website which contains the
agendas for the Town Board and Town Planning Board as well as minutes of their meetings.
No further comments or discussion were heard.
Councilman Tupper 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 7:20 p.m.
The following information was received from the Supervisor's office.
Councilman Tupper 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 Rocco made a motion, seconded by Councilman Tupper, to adjourn the
Regular Meeting. All voting aye, the motion was carried.
The meeting was adjourned at 8:15 p.m.
Res ectfully submitted
Karen Q. Snyder, RMC
Town Clerk
Town of Cortlandville