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FEBRUARY O1, 2006
5:00 P.M.
TOWN BOARD MEETING
The Regular Meeting of the Town Board of the Town of Cortlandville was held at the
Raymond G. Thorpe Municipal Building, 3577 Terrace Road, Cortland, New York, with
Supervisor Tupper presiding.
Members present:. Supervisor, Richard Tupper
Councilman, Theodore Testa
Councilman, Edwin O'Donnell
Councilman, Ronal Rocco
Councilman, John Proud
Town Clerk, Karen Q. Snyder, RMC
Others present were: Town Attorney, John Folmer; Highway Sup't. Carl Bush; Water &
Sewer Sup't. Peter Alteri; Planning Board Members, Nick Renzi and James Bugh; Walt Kalena and
Andrew Pappalardo from Clough Harbour & Associates LLP; Attorney Kelly Pronti from Harter
Secrest & Emery, LLP., representing Wal-Mart; Steve Cleason from APD Engineering representing
Wal-Mart; Bernie Thoma from Thoma Development Consultants; Representatives of C.A.P.E.:
Richanna Patrick, Andrea Rankin, Arnold Talentino, and Dr. Patricia Shedd; Jim Mulherin from the
Walden Oaks Home Owners Association; Steve Lissberger; Grace Meddaugh for Channel 2,
Access TV; News Reporters, Eric Mulvihill from WXHC, and Jeremy Boylan from the Cortland
Standard.
Supervisor Tupper called the meeting to order.
Councilman Rocco made a motion, seconded by Councilman O'Donnell, to receive and
file the Planning Board Minutes of October 25, 2005, November 29, 2005 and December 27,
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 October 25, 2005 and November 29, 2005. All
voting aye, the motion was carried.
RESOLUTION #38 AUTHORIZE PAYMENT OF VOUCHERS - FEBRUARY
Motion by Councilman O'Donnell
Seconded by Councilman Rocco
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the vouchers submitted have been audited and shall be paid as follows:
General Fund A
Vouchers # 47 - 63
$ 26,907.84
General Fund B
B4 - B 17
$ 52,955.76
Highway Fund DA
-
$ 3,316.00
Highway Fund DB
D28 - D41
$119,071.95
Water Fund
W13 - W25
$298,356.80
Sewer Fund
S7 - S12
$309,102.83
Trust & Agency
T1 - T1
$ 29,924.19
Special Grant
S1 - S2
$ 11,744.95
Supervisor Tupper offered privilege of the floor to Bernie Thoma.
Bernie Thoma, from Thoma Development Consultants, apprised the Board he met with
Supervisor Tupper regarding the possibility of establishing a Revolving Loan Program with the
program income the Town received from two of its three economic development grants, which
are being paid back. Mr. Thoma was contacted by a business interested in locating to
Cortlandville, and interested in assistance. The Cortland County BDC/IDA already committed
funding to the business. Currently, the Town does not have a program set up, however it would
be an eligible use of the Town's repayment money. The State would also encourage the Town to
use the money in such a fashion.
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FEBRUARY O1, 2006 TOWN BOARD MEETING PAGE 2
Members of the Board did not object to establishing a Revolving Loan Fund.
Mr. Thoma suggested the Board establish a loan committee to review the loans and bring
a recommendation to the Board for approval.
RESOLUTION #39 AUTHORIZE SUPERVISOR TO SIGN AGREEMENT WITH
THOMA DEVELOPMENT CONSULTANTS TO ESTABLISH A
REVOLVING LOAN PROGRAM UTILIZING COMMUNITY
DEVELOPMENT BLOCK GRANT INCOME
Motion by Councilman O'Donnell
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board hereby authorizes and directs the Supervisor to sign an
agreement with Thoma Development Consultants to establish a Revolving Loan Program
utilizing Community Development Block Grant (CDBG) income, and it is further
RESOLVED, the Town Board does hereby authorize and direct the Supervisor to choose a Loan
Committee as part of a requirement for the Revolving Loan Program.
Supervisor Tupper offered privilege of the floor to Arnold Talentino.
Arnold Talentino, representing C.A.P.E., requested permission to read a letter prepared
by Dr. Robert Rhodes of C.A.P.E. regarding the Wal-Mart Supercenter DEIS and the document's
completeness.
Supervisor Tupper interjected and apprised Mr. Talentino that because the DEIS has not
been officially received by the Town, and because the public comment period had not begun, he
would not allow Mr. Talentino's letter to be read. He acknowledged that C.A.P.E. received a
copy of the DEIS under the Freedom of Information Law.
Mr. Talentino commented that C.A.P.E. has been "recognized by the courts as a special
citizens group that is very interested in protection of the aquifer .... and is not a public voice in
the usual sense." Mr. Talentino stated C.A.P.E. has demonstrated their interest over the past few
years through meetings and the media, etcetera. Mr. Talentino continued by stating it was within
C.A.P.E.'s "purview to offer to convey this information this evening."
Supervisor Tupper referred the issue to Attorney Folmer.
Attorney Folmer recognized C.A.P.E. as "an agency consistently concerned with the
protection of the aquifer and other related concerns." However, he stated the request was a
matter of public comment. "According to the SEQR regulations the period for public comment
under a SEQR procedure does not begin until the Notice of Completion of the DEIS is received
and published." Attorney Folmer recognized C.A.P.E. as a member of the public, "although a
specific entity." He explained that the public comment period had not yet begun.
Mr. Talentino presented members of the Board with a copy of the correspondence from
C.A.P.E. regarding the DEIS.
Supervisor Tupper offered privilege of the floor to Nick Renzi.
Planning Board Member, Nick Renzi submitted his comments to the Board regarding the
Wal-Mart Supercenter DEIS.
Supervisor Tupper offered privilege of the floor to Councilman Rocco.
Councilman Rocco apprised the Board he audited the records for the Water & Sewer
Department and the Highway Department, and found everything to be in order.
The monthly reports of the Town Clerk and Tax Collector for the month of January 2006
were on the table for review and are filed in the Town Clerk's office.
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FEBRUARY O1, 2006 TOWN BOARD MEETING PAGE 3
RESOLUTION #40 ACCEPT ANNUAL REPORT OF THE TOWN JUSTICE FOR
THE YEAR 2005
Motion by Councilman Proud
Seconded by Councilman Rocco
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Annual Report of the Town Justice for the year 2005 is hereby accepted
and shall be received and filed.
Councilman Rocco apprised the Board he attended the last court session and
complimented Judge Casullo for his hard work.
Attorney Folmer pointed out that during the year 2005, the Town Court completed
10,596 cases; sent a total of $860,358.97 to the New York State Comptroller; and generated
$245,129.75 for the Town.
Supervisor Tupper apprised the Board he received the completed Cortland County
Airport Final Master Plan from the Cortland County Advisory Committee. A copy of the Final
Master Plan is in the office of the Supervisor.
Town Clerk and Tax Collector, Karen Q. Snyder apprised the Board that during the
month of January she and her office collected 2838 tax bills; a total amount of $6,978,682.88.
Town Clerk Snyder thanked her staff for their hard work and dedication.
Supervisor Tupper thanked Town Clerk Snyder and her staff for their hard work during
the tax collection season.
Town Clerk Snyder notified the Board that the Town Clerk's Office would be closed on
Friday, February 3, 2006.
Attorney Folmer reported:
Amendments to Code of the Town of Cortlandville:
Attorney Folmer apprised the Board he would prepare and present an amendment to the
Code of the Town of Cortlandville regarding the establishment of fees for parks. The statute
would provide that the Board could change the fees by resolution from time to time.
Attorney Folmer apprised the Board he would also present a draft of an amendment to the
notification portion of the Code. At the request of the Town's insurance company, he explained
the Town was asked to make changes in the language "to make it clear that in order to establish
liability for a defect in a curb or something of that nature, that we are entitled to be given and
must be given 24 hours notice of the defect in advance of whatever is going to happen so that we
can have an opportunity to fix it." Attorney Folmer also noted that §50(e) and §50(i) of the
General Municipal Law, which is in the Town's statute, would apply to actions brought against
the Town for purposes of liability.
Tax Certiorari Proceedings:
Attorney Folmer apprised the Board he would also submit to them a draft policy
statement regarding tax certiorari proceedings. The County would like to review tax certiorari
proceedings when they are filed, because such proceedings have an affect on the County tax.
Attorney Folmer and Assessor Briggs met with representatives of the County, in which an
arrangement was made whereby the Town would notify the County of the existence of such
proceedings. If the County wishes to participate, the question arises as to whether or not the
County would participate in the expense of the tax certiorari claim.
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FEBRUARY 01, 2006 TOWN BOARD MEETING PAGE 4
Wal-Mart Supercenter DEIS:
Attorney Folmer read the following correspondence from Clough Harbour & Associates
LLP into the record.
Dear Mr. Tupper:
Clough Harbour & Associates LLP (CHA) on behalf of the Lead Agency (Town of Cortlandville
Town Board), has reviewed the Draft Environmental Impact Statement (DEIS) prepared by APD
Engineering for the construction of a Wal-Mart Supercenter along NYS Route 13 and submitted to
the Town of Cortlandville on December 29, 2005 to determine whether the DEIS is complete and
suitable for review by the public and involved/interested agencies.
Our determination of whether the DEIS is ready for review is based upon, compliance with the
Final Scoping Document (dated June 15, 2005), and the standards contained in 6 NYCRR Part
617. Section 617.9.a.2 states that the lead agency will use the final written scope to determine
whether to accept the draft EIS as adequate with respect to its scope and content for the purpose of
commencing public review. Based upon our review of the DEIS as it relates to the scoping
document and the above noted statute, we believe the DEIS is complete and ready for public
review.
CHA has commenced a detailed technical review of the DEIS for submission to the Town Board
for their review during the public review process. CHA's technical review will assist the Board in
determining the level of technical accuracy of the information provided by the project sponsor,
what additional information and analysis is required by the applicant, if proposed mitigation
measures are acceptable, what additional mitigation measures should be evaluated, etc. These
comments, as well as comments received from involved agencies, interested agencies and the
general public, will be submitted to the Project Sponsor by the end of the public comment process,
for their consideration in the preparation and inclusion into the Final Environmental Impact
Statement.
As outlined under SEQR, once the Lead Agency has determined that the DEIS is adequate for
public review, the Lead Agency must prepare, file, and publish a notice of completion of the DEIS
and file copies of the DEIS in accordance with the requirements set forth in Section 617.12 of
SEQR. The minimum public comment on the DEIS is 30 days and the comment period begins
with the first filing and circulation of the notice of completion. In addition, the Lead Agency must
determine whether or not to conduct a public hearing concerning the action. If a hearing is to be
held, the Lead Agency must prepare and file a notice of hearing. The notice of hearing must be
published at least 14 calendar days in advance of the public hearing. The hearing shall commence
no less than 15 calendar days or no more than 60 calendar days after the filing of the notice of
completion of the DEIS by the Lead Agency. Finally, comments shall be received and considered
by the Lead Agency for no less than 30 calendar days from the first filing and circulation of the
notice of completion, or no less than 10 calendar days following a public hearing, whichever is
later.
We trust that this information will assist the Board and if you should have any questions or
concerns, please feel free to contact our office.
Very truly yours,
Clough Harbour & Associates LLP
James F. Trasher, P.E.
Associate
Because Clough Harbour & Associates LLP recommended the Board consider the DEIS
complete, and if the Board decided to adopt such position, Attorney Folmer suggested they
discuss whether or not a public hearing would be held, and also suggested a method by which a
public hearing should be held.
Attorney Folmer pointed out that 15 involved agencies have been identified. In addition,
C.A.P.E. and the Walden Oaks Homeowners Association have been determined to be interested
agencies. The mailing addresses for C.A.P.E. and W.O.H.A. were provided to the applicant.
Attorney Folmer suggested the Board schedule a public hearing for March 1, 2006 at
5:00 p.m., and that they limit the length of the public hearing to 2 hours. At the first public
hearing he suggested the following:
1) Hear from the applicant.
2) Hear from the involved agencies.
3) Hear from the interested agencies.
4) Hear comments from the general public.
Attorney Folmer stated he was hopeful that when the involved and interested agencies
prepare their comments that a spokesperson be nominated to speak on behalf of the organization.
In the event that the public hearing cannot be concluded within the 2-hour period, he suggested
the Board recess the meeting to a second date to finish hearing the balance of the comments.
FEBRUARY O1, 2006 TOWN BOARD MEETING PAGE 5
Members of the Board agreed with Attorney Folmer's suggestions, and added that the
Board should not set a time limit on the speakers. If comments become redundant the speaker
may be asked to move on.
Attorney Folmer presented a resolution for the Board to consider.
Councilman Proud requested clarification that accepting the DEIS meant that Clough
Harbour & Associates LLP determined that the DEIS was adequate for review. He also
questioned whether the Board could adjourn the public hearing.
Attorney Folmer stated the Board could recess the public hearing and reconvene until
every person wishing to speak had been heard. He explained that the term "complete" meant
that each and every item in the scoping document was discussed in the DEIS. The DEIS is
adequate for review because the public can look at the comments made and decide if more
information is required. Attorney Folmer continued by stating that, "the fact that we have
decided that this is adequate for public review and the fact that we have considered it complete
for that purpose certainly does not preclude that discussion ... the purpose for the public
comment and the purpose for the public hearing is for that very purpose to raise those questions
that are still open and need to be discussed further."
RESOLUTION #41 ACCEPTANCE OF DRAFT ENVIRONMENTAL
IMPACT STATEMENT FOR PUBLIC COMMENT
WAL-MART SUPERCENTER
Motion by Councilman O'Donnell
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
WHEREAS, Wal-Mart Real Estate Business Trust ("Wal-Mart") has proposed to construct a
Wal-Mart Supercenter (the "Supercenter") in the Town of Cortlandville, New York, and
WHEREAS, this Board, on April 6, 2005 was established as SEQRA Lead Agency related to ■
review of the Supercenter, and
WHEREAS, this Board, on April 6, 2005, issued a positive declaration under SEQRA for the
proposed construction of the Supercenter, and
WHEREAS, this Board on June 15, 2005, adopted a final scoping outline for the Draft
Environmental Impact Statement (the "DEIS"), and
WHEREAS, on December 21, 2005, consultants to Wal-Mart submitted a proposed DEIS to the
Board, and
WHEREAS, the Board is prepared to accept the DEIS for public review, now therefore
BE IT RESOLVED, this Board as SEQRA Lead Agency, hereby accepts the DEIS for purposes
of commencing public review, and it is further
RESOLVED, this Board will hold a Public Hearing on the DEIS on March 1, 2006 at 5:00 p.m.
The Public Hearing will be held at 999 NYS Route 13, Cortlandville Fire Station Headquarters,
Cortland, New York, and it is further
RESOLVED, the deadline for submission of any written comments on the DEIS shall be ten (10)
days after the close of said public hearing.
Attorney Folmer requested Town Clerk Snyder prepare a certification of the resolution
and provide it to the applicant and the record file for the Wal-Mart SEQR process.
Attorney Folmer apprised those in attendance that the Town would prepare and circulate
a Notice of Completion, as well as certify and send it on to the State and Environmental
Publication. The Town would also provide the required notice under SEQRA to all of the
involved and interested agencies that have been identified.
Walt Kalena from Clough Harbour & Associates LLP provided two administrative
suggestions: 1) that the date, time, and location of the public hearing be included in the Notice of
Completion; 2) that a public, written transcript of the public hearing be made.
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FEBRUARY O1, 2006 TOWN BOARD MEETING PAGE 6
Attorney Folmer indicated that he and the applicant's attorney discussed hiring a
Supreme Court stenographer to take verbatim transcript of the hearings. He assured Mr. Kalena
that the Notice of Completion would include the date, time, and location of the public hearing, as
would the notice that goes to the State and Environmental Publication.
Lastly, with regard to the Wal-Mart PUD application, Attorney Folmer stated that the
PUD application was now "complete" and could be referred to the Town and County Planning
Boards for their review and comment. Both involved agencies could review the application at
the same time that they are participating in the SEQR review.
RESOLUTION #42 REFER PLANNED UNIT DEVELOPMENT (PUD)
APPLICATION SUBMITTED BY WAL-MART REAL ESTATE
BUSINESS TRUST TO TOWN AND COUNTY PLANNING
BOARDS FOR REVIEW AND RECOMMENDATIONS
Motion by Councilman Proud
Seconded by Councilman Rocco
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Planned Unit Development Application submitted by Wal-Mart Real
Estate Business Trust for property located off of NYS Route 13, tax map #105.00-02-22.211,
shall be referred to the Town and County Planning Boards for their review and
recommendations.
RESOLUTION #43 AUTHORIZE EXTENSION OF TIME FOR TAX
COLLECTION TO JUNE 1, 2006
Motion by Councilman Rocco
Seconded by Councilman O'Donnell
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Supervisor is hereby authorized and directed to sign and forward a
request for an extension of the tax collection program until June 1, 2006 to the Cortland County
Treasurer, in compliance with Section 938 of the Real Property Tax Law.
Councilman Rocco made a motion, seconded by Councilman Proud, to receive and file
correspondence from Kate Garbutt, State of New York Office of Real Property Services, dated
January 19, 2006, regarding the qualification of the Town for the Excellence in Equity Award.
All voting aye, the motion was carried.
There was discussion regarding the Aquifer Protection Permit application submitted by
Cortland Memorial Hospital for property located on NYS Route 281.
Councilman Rocco was concerned that the application was not properly filled out, and
therefore not complete.
Planning Board member, James Bugh interjected and apprised the Board that the Town
Planning Board had not completed its review of the application.
Attorney Folmer suggested the Board adopt a resolution to refer the application to the
Planning Board subject to CEO Weber confirming that the application was complete and in
proper form.
RESOLUTION #44 REFER AQUIFER PROTECTION PERMIT APPLICATION
SUBMITTED BY CORTLAND MEMORIAL HOSPITAL TO
THE TOWN AND COUNTY PLANNING BOARDS FOR
REVIEW AND RECOMMENDATIONS
Motion by Councilman Rocco
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
FEBRUARY O1, 2006 TOWN BOARD MEETING PAGE 7
BE IT RESOLVED, the Aquifer Protection Permit application submitted by Cortland Memorial
Hospital for property located at the corner of NYS Route 281 and Kinney Gulf Road, tax map
#86.13-01-14.100, 86.13-01-15.000, 86.13-01-16.000, and 86.13-01-17.000 shall be referred to
the Town and County Planning Boards for their review and recommendations, and it is further
RESOLVED, the application shall be forwarded subject to confirmation from the Town Code
Enforcement Officer that the application is complete and in proper form.
Councilman O'Donnell made a motion, seconded by Councilman Rocco, to receive and
file correspondence from Water & Sewer Sup't. Peter Alteri, dated January 26, 2006, regarding
the water line relocation along NYS Route 281. All voting aye, the motion was carried.
There was discussion regarding the NYS Route 281/Route 13 Corridor Project.
Supervisor Tupper apprised the Board that he and Councilman Testa met with Stanley
Birchenough from the NYS DOT regarding property owned by Susan Harris on NYS Route 281.
The NYS DOT agreed to construct a burro and a leach drainage field in her yard, which should
alleviate the problem. The project should commence this Spring 2006.
Supervisor Tupper informed the Board the Phase II of the State program, which would
tentatively commence in 2010-2011, would completely alleviate the Town's need to do anything
regarding the Bell Drive/NYS Route 281 drainage problem. He explained that the State would
"capture 100% of the water that comes off that hill and run through a 40" or 48" pipe and pipe it
to the river, underground." He explained the water would be pre-treated before it goes into the
river.
Supervisor Tupper apprised the Board the Bookkeeper brought to his attention that the
charge from National Grid for Town streetlights has increased significantly. If the charge
remains the same for the rest of the year, the Town would spend approximately $94,000 on
streetlights.
Highway Sup't. Bush stated he would research whether there were more efficient bulbs
for streetlights that used less energy, therefore costing less.
Supervisor Tupper apprised the Board he asked Clough Harbour & Associates LLP
(CHA) to review the plans for the Raymond G. Thorpe Municipal Building and devise a plan
that would cost less money and be more efficient. Supervisor Tupper introduced Andrew
Pappalardo from CHA who has successfully designed town halls for other municipalities.
Councilman Proud questioned whether construction would be complete by the end of
2006.
Supervisor Tupper stated the project may be delayed a few months depending on when
the Board accepts the design schedule and when the project begins.
RESOLUTION #45 AUTHORIZE SUPERVISOR TO ENTER INTO DISCUSSION
WITH CLOUGH HARBOUR & ASSOCIATES LLP
REGARDING THE EXPANSION OF THE RAYMOND G.
THORPE MUNICIPAL BUILDING
Motion by Councilman Testa
Seconded by Councilman O'Donnell
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to enter
into discussion with Clough Harbour & Associates LLP regarding the expansion of the Raymond
G. Thorpe Municipal Building.
With regard to the Wal-Mart Supercenter DEIS, Attorney Folmer informed the Board
that he would submit a letter to the involved agencies advising them that the Town has accepted
the DEIS and issued a Notice of Completion. In addition, two additional copies of the DEIS
would be placed at the Cortland Free Library in the City of Cortland, and at the Lamont
Memorial Library in the Village of McGraw for public review.
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FEBRUARY O1, 2006 TOWN BOARD MEETING PAGE 8
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No further comments or discussion were heard.
Councilman Proud made a motion, seconded by Councilman Rocco, to adjourn the
Regular Meeting. All voting aye, the motion was carried.
The meeting was adjourned at 6:00 p.m.
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Respectfully submitted,
Karen Q. Snyder, RMC
Town Clerk
Town of Cortlandville