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FEBRUARY 15, 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; Planning
Board Members, Nick Renzi and James Bugh; Attorney Mike Shafer and Mike Chernago
representing N.C.W.P. LLC.; John Carroll; Corey Preston; W. Karl Lindhorst; Representatives of
C.A.P.E.: Richanna Patrick, Catherine Smith, Jamie Dangler, Grace Meddaugh; Sharon Stevans for
Channel 2, Access TV; and News Reporter, Eric Mulvihill from WXHC.
Supervisor Tupper called the meeting to order.
The Draft Town Board Minutes of December 21, 2005 and January 4, 2006 were
presented to the Board for their review.
RESOLUTION #46 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 # 64 - 90 $ 60,004.24
General Fund B B 18 - B24 $ 2,287.93
Highway Fund DB D42 - D61 $ 6,771.32
Water Fund W26 - W38 $ 25,829.26
Sewer Fund S 13 - S 15 $ 2,491.23
Supervisor Tupper offered privilege of the floor to Attorney Mike Shafer.
Attorney Mike Shafer, representing N.C.W.P., LLC stated that in December of 2005 the
Board granted a Zoning Amendment for the 26-acre parcel located off of NYS Route 13, which
changed the classification from Industrial to B-3. However, an Article 78 Proceeding was filed
against the Town regarding the enactment of the Zoning Ordinance, which ultimately resulted in
Judge O'Brien setting aside the Zoning Ordinance, which created the B-3 zone. According to
Attorney Shafer, because nobody challenged the Board's action regarding the zone change of
N.C.W.P., LLC it could be presumed constitutional, and an appropriate legislative action.
Attorney Shafer formally requested clarification from the Board on the status of the parcel.
Supervisor Tupper offered privilege of the floor to Highway Sup't. Carl Bush.
Highway Sup't. Bush apprised the Board they were in receipt of his comments regarding
the request to reduce the speed limit on Bennie Road from 55 mph to 45 mph. He explained that
there are many sight distance problems on the road due to the numerous curves, valleys and hills.
Highway Sup't. Bush requested the Board forward the request to the County who could in turn
make the request to the NYS DOT.
RESOLUTION 447 AUTHORIZE REQUEST TO REDUCE SPEED LIMIT ON
BENNIE ROAD
Motion by Councilman O'Donnell
Seconded by Councilman Rocco
VOTES: ALL AYE ADOPTED
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FEBRUARY 15, 2006 TOWN BOARD MEETING PAGE 2
WHEREAS, a request was received from the Town's Highway Superintendent Carl Bush, to
reduce the speed limit on Bennie Road to 45 mph from NYS Route 13 to NYS Route 215, and
WHEREAS, Bennie 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 Proud questioned whether there had ever been discussion regarding the
intersection of Bennie Road and South Cortland -Virgil Road with NYS Route 13 and
reconfiguring the roads. Highway Sup't. Bush stated he would inquire at the County level.
The monthly reports of the Supervisor for the month of December 2005, and for the
Water & Sewer Department and Town Justice for the month of January 2006 was on the table for
review and is filed in the Town Clerk's office.
RESOLUTION #48 ACCEPT ANNUAL REPORT OF THE WATER AND SEWER
DEPARTMENT
Motion by Councilman O'Donnell
Seconded by Councilman Rocco
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Annual Report of the Water and Sewer Department for the year of 2005
is hereby accepted, and shall be received and filed.
Supervisor Tupper apprised the Board that Fran Pizzola sent correspondence to the State
supporting the Town with regard to construction of sidewalks along NYS Route 13. She sited
the need for sidewalks for those who are handicapped as well as for bicyclists.
Town Clerk Snyder apprised the Board she received correspondence from Pomeroy,
Armstrong & Castillo, LLP regarding the intent of the Walden Oaks Country Club, Inc. to renew
its liquor license.
Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and
file correspondence from Pomeroy, Armstrong & Castillo, LLP regarding the intent of the
Walden Oaks Country Club, Inc. to renew its liquor license with the New York State Liquor
Authority, for property located at 3369 Walden Oaks Boulevard. All voting aye, the motion was
carried.
Town Clerk Snyder apprised the Board she contacted the Cortlandville Fire Department
and reserved the meeting room for the March 1, 2006 Public Hearing regarding the Wal-Mart
Supercenter DEIS at 5:00 p.m.
Attorney Folmer reported:
Request for Executive Session:
Attorney Folmer had nothing to report, however he noted that an Executive Session
would be held to discuss pending litigation, as well as the decision made by Judge O'Brien in the
Article 78 Proceeding, C.A.P.E. et. al. vs. Town of Cortlandville et. al.
3- 7.
FEBRUARY 15, 2006 TOWN BOARD MEETING PAGE 3
Councilman Rocco made a motion, seconded by Councilman Proud, to receive and file
correspondence from Attorney Edmund J. Hoffman, Jr. inviting members of the Town Board and
other Town officials, to tour the Gutchess Lumber Co. Inc. facility. All voting aye, the motion
was carried.
RESOLUTION #49 AUTHORIZE SUPERVISOR TO SIGN INSTALLATION
AGREEMENT WITH SENTRY ALARMS, LLC TO CONNECT
EXISTING FIRE ALARM SYSTEM IN THE RAYMOND G.
THORPE MUNICIPAL BUILDING
Motion by Councilman Rocco
Seconded by Councilman Proud
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to sign the
installation agreement with Sentry Alarms, LLC to connect the existing fire alarm in the
Raymond G. Thorpe Municipal Building.
Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and
file correspondence from Andrew Miner, 3275 Walden Oaks Boulevard, dated February 12,
2006, regarding the proposed Wal-Mart Supercenter. All voting aye, the motion was carried.
Supervisor Tupper questioned whether there were any further comments.
Planning Board member, Nick Renzi questioned whether the Board would conduct a
Regular Town Board Meeting on March 1, 2006 prior to the Public Hearing regarding the Wal-
Mart Supercenter DEIS. He also questioned whether a podium and microphone would be
available for the Public Hearing.
Supervisor Tupper apprised Mr. Renzi the Board would conduct a short meeting prior to
the Public Hearing to authorize payment of the bills. A podium and sound system would be
available for the Public Hearing.
No further comments or discussion were heard.
Councilman Rocco made a motion, seconded by Councilman Proud, to recess the Regular
Meeting to an Executive Session to discuss pending litigation. All voting aye, the motion was
carried.
The meeting was recessed at 5:15 p.m.
The following information was received from the Supervisor's office.
Councilman Rocco made a motion, seconded by Councilman O'Donnell, to adjourn the
Executive Session and reconvene to the Regular Meeting. All voting aye, the motion was
carried.
There was discussion regarding the decision rendered by Judge O'Brien regarding the
Article 78 Proceeding, C.A.P.E. et. al. vs. Town of Cortlandville et. al.
Although the Board has the right to appeal the decision made by Judge O'Brien to the
Supreme Court Appellate Division, the Board decided it would not appeal the decision. Instead,
Attorney Folmer stated the Board would work to address the problems that Judge O'Brien found
in the enactment of the Town's Zoning Ordinance. At a later date the Board would schedule a
public hearing to discuss the ordinance in general, and the lot coverage portion of the ordinance
specifically. The Board would also give a SEQRA type notice of the public hearing as opposed
to an ordinary public hearing notice relative to the enactment of a local law.
The Board did not determine the date of a public hearing at this time regarding a Zoning
Text Amendment. Due to the Wal-Mart Supercenter public hearings, the Board decided it would
be a difficult burden to conduct both public hearings simultaneously.
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Supervisor Tupper questioned whether there were any further comments.
Jamie Dangler, representing C.A.P.E., questioned whether the Board was certain that the
Public Hearing for the Wal-Mart Supercenter DEIS on March 1, 2006 would be recessed and
continued at a later date. She questioned whether every person wishing to be heard should attend
the first public hearing.
Attorney Folmer apprised Mrs. Dangler the public hearings would be limited to 2-hour
sessions. At the March 1, 2006 public hearing, the opening comments would be made by the
applicant, which would last approximately 30 minutes. After the applicant is heard the involved
agencies would be given the opportunity to speak. Next, the interested agencies would be given
the opportunity to be heard (C.A.P.E. and the Walden Oaks Homeowners Association), which
would be followed by comments from the general public. At the conclusion of the first 2-hour
public hearing, the Board would recess the hearing to another date and would continue to do so
until all comments had been heard. In addition, the public comment period would remain open
for ten days after the conclusion of the public hearing.
Attorney Folmer informed Mrs. Dangler that at the public hearing Town Clerk Snyder
would have a sign -in sheet for attendance and a separate sign-up sheet for those who wished to
speak.
Mrs. Dangler questioned whether there would be a time limit on public comments.
Attorney Folmer did not indicate there would be a time limit because the Board did not
want to stifle comments. However, if comments became redundant the speaker may be asked to
move on.
Planning Board Member, James Bugh, questioned whether a second public hearing date
was established in the event that the first public hearing was not sufficient.
Attorney Folmer commented that the availability of the Fire Station needed to be
checked, which Town Clerk Snyder would do. The Board could continue the public hearing the
following Wednesday, March 8, 2006, and then March 15, 2006 if necessary.
Councilman Rocco suggested the Board conduct the public hearings on consecutive
evenings such as Wednesday, Thursday and Friday.
While the March 1, 2006 public hearing had already been scheduled, the Board agreed
the continuation of the public hearing would tentatively be held Thursday, March 2, 2006, and
the following Wednesday, March 8, 2006. The additional hearing dates would depend on the
availability of the Fire Station meeting room and the availability of the stenographer, and would
therefore be adjusted as needed.
No further comments or discussion were heard.
Councilman Rocco made a motion, seconded by Councilman O'Donnell, to adjourn the
Regular Meeting. All voting aye, the motion was carried.
The meeting was adjourned at 6:10 p.m.
u
Respe fully submitted,
Karen Q. Snyder, RMC
Town Clerk
Town of Cortlandville