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APRIL 05, 2006
7:00 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, John Proud
Town Clerk, Karen Q. Snyder, RMC
Absent: Councilman, Ronal Rocco
Others present were: Town Attorney, John Folmer; Highway Sup't. Carl Bush; Planning
Board Member, Nick Renzi; Attorney Mike Shafer from Riehlman, Shafer & Shafer; Michael
Chemago representing S.C.W.P., LLC, dba Indacom Place; Gary Wilcox, 1311 Bell Drive; Kay
Zaharis, Director of the Cortland Free Library; Amy Parker, 52 Penguin Drive; Donna O'Brien, 184
Penguin Drive; Representatives of C.A.P.E.: Robert Rhodes, Dr. Patricia Shedd, Grace Meddaugh,
Arnold Talentino, and Ron Powell; and News Reporter, Corey Preston from the Cortland Standard.
Supervisor Tupper called the meeting to order.
The final Town Board minutes of May 18, 2005, July 6, 2005 January 4, 2006, January 18,
2006 and March 1, 2006 were presented to the board for their review.
RESOLUTION #67 AUTHORIZE PAYMENT OF VOUCHERS — APRIL
Motion by Councilman O'Donnell
Seconded by Councilman Proud
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the vouchers submitted have been audited and shall be paid as follows:
General Fund A
Vouchers #142 - 177
$
31,306.30
General Fund B
B32 - B36
$
14,351.53
Highway Fund DB
D107 - D130
$
29,306.84
Water Fund
W55 - W62
$
3,848.82
Sewer Fund
S25 - S31
$
73,078.92
Trust & Agency
T3 - T3
$
28,345.06
Special Grant
SG3 - SG3
$
648.13
Supervisor Tupper offered privilege of the floor to Gary Wilcox.
Gary Wilcox, 1311 Bell Drive, apprised the Board he would like one of his parcels on
Bell Drive annexed from the Village of Homer to the Town of Cortlandville. After speaking
with Mayor, Michael McDermott from the Village of Homer he was advised to approach the
Town for approval. Mr. Wilcox presented a map of his parcels to the Board, which included the
0.13-acre parcel in question, tax map #76.15-01-03.200, Town of Cortlandville, Village of
Homer.
After a brief discussion, Attorney Folmer stated he would investigate the procedures that
would have to be followed for an annexation and would report back to the Board.
Supervisor Tupper offered privilege of the floor to Kay Zaharis.
Kay Zaharis, Director of the Cortland Free Library, thanked the Board for their support
by approving the Cortland Free Library's contract, and thanked the taxpayers of the Town as
well. Ms. Zaharis gave an update on recent changes in the Library. The Library is close to
automation, meaning that a person can renew and reserve books using online Internet access. In
addition, the card catalog would be computerized in the near future.
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APRIL 05, 2006 TOWN BOARD MEETING PAGE 2
Monthly reports of the Town Clerk, Tax Collector, Water & Sewer Dept. for the month
of March; the Town Justice and SPCA for the month of February; and Quarterly Report for the
Water & Sewer Dept., 2nd Quarter, were on the table for review and are filed in the Town Clerk's
office.
There was discussion regarding the request made by the Cortland Regional Sports
Council, which was tabled at the March 15, 2006 Town Board Meeting, asking the Town of
Cortlandville to become a partner in the Council.
Attorney Folmer reported that the Board is entitled to support the organization under
Town Law, and suggested the Board discuss putting money in the Budget for 2007.
Supervisor Tupper commented that the Council was looking for funding for 2006. If the
Town chose to become a partner in the Council for 2006, the money would come Contingency.
He noted that most of the activities take place at sites located in the Town.
Councilman Testa suggested the Board become a partner in the Council, which would
benefit the community.
RESOLUTION #68 AUTHORIZE SUPERVISOR TO SIGN AGREEMENT WITH
THE CORTLAND REGIONAL SPORTS COUNCIL
Motion by Councilman O'Donnell
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Supervisor is hereby authorized and directed to sign an agreement with
the Cortland Regional Sports Council to become a partner in the Council, in an amount not to
exceed $7,500.00.
Town Clerk Snyder apprised the Board she received notification from Mark R. Braun,
President of Bruench Inc., regarding his intent to renew the liquor license for Doug's Fish Fry,
located at 3638 NYS Route 281.
Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and
file correspondence from Mark R. Braun, President of Bruench, Inc., regarding the renewal of
the liquor license for Doug's Fish Fry, located at 3638 NYS Route 281 in the Town of
Cortlandville. All voting aye, the motion was carried.
Town Clerk Snyder apprised the Board a Notice of Claim was filed against the Town of
Cortlandville for property located at 1219 Davinci Drive. The Notice of Claim was forwarded to
the Town Attorney and the Town's insurance company.
RESOLUTION #69 ACKNOWLEDGE RECEIVING NOTICE OF CLAIM
REGARDING PROPERTY DAMAGE
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 Claim regarding property damages sustained by Stanley A. and Anna Maria Sprague,
1219 Davinci Drive, Town of Cortlandville, on March 13, 2006.
Attorney Folmer reported:
Attorney Folmer apprised the Board he would be out of Town from April 13, 2006
through April 24, 2006.
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APRIL 05, 2006
TOWN BOARD MEETING
PAGE 3
Proposed Local Laws:
Attorney Folmer explained that the Board had two proposed local laws pending, which
they should schedule public hearings for. The first local law would be a "mechanical
amendment" requiring advance notice of alleged structural conditions in the Town of
Cortlandville. The Town's insurance carrier suggested the language of the proposed amendment
to the local law.
The second local law would permit the Town Board to establish usage fees for Town
parks by Resolution.
RESOLUTION #70 SCHEDULE PUBLIC HEARING FOR LOCAL LAW — 2006
REQUIRING ADVANCE NOTICE OF ALLEGED
STRUCTUAL CONDITIONS IN THE TOWN OF
CORTLANDVILLE
Motion by Councilman Testa
Seconded by Councilman O'Donnell
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, a Public Hearing shall be scheduled for April 19, 2006 at 5:00 p.m. for
Local Law — 2006, Requiring Advance Notice of Alleged Structural Conditions in the Town of
Cortlandville.
RESOLUTION #71 SCHEDULE PUBLIC HEARING FOR LOCAL LAW — 2006
PERMITTING THE TOWN BOARD TO ESTABLISH USAGE
FEES FOR TOWN PARKS BY RESOLUTION
Motion by Councilman Testa
Seconded by Councilman O'Donnell
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, a Public Hearing shall be scheduled for April 19, 2006 at 5:00 p.m. for
Local Law — 2006, Permitting the Town Board to Establish Usage Fees for Town Parks by
Resolution.
Certiorari Tax Proceedings:
Attorney Folmer reminded the Board that the County was taking a more active interest in
Certiorari Tax Proceedings. The County planned to adopt a policy that would give them the
opportunity to participate in discussion with the Town regarding certiorari claims. The County
would also decide to what extent they wished to participate. According to County Administrator,
Scott Schrader, a resolution was prepared, yet not acted on. Attorney Folmer informed the Board
he drafted a policy that would "dovetail with that resolution when the County sees fit to adopt
it."
General Release Agreement with Adhan Piping:
Attorney Folmer requested the Board authorize the Supervisor to sign a "General
Release," releasing any claim that the Town may have against Adhan Piping. Co. Adhan Piping
Co. released any claim they may have against the Town.
RESOLUTION #72 AUTHORIZE SUPERVISOR TO SIGN GENERAL RELEASE
AGAINST ADHAN PIPING CO.
Motion by Councilman O'Donnell
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
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APRIL 05, 2006 TOWN BOARD MEETING PAGE 4
WHEREAS, after authorizing payment to Adhan Piping Co. for work completed on Phase I of
the Cortlandville Starr Road Park and Recreation Center, the Town Board terminated the
contract between the Town of Cortlandville and Adhan Piping Co., therefore
BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to sign the
"General Release" against Adhan Piping Co., releasing any claim the Town may have against the
company.
Conveyance of Property from Norman and Shirley Grant:
Attorney Folmer reminded the Board that in the past they discussed acquiring a piece of
property from Norman and Shirley Grant for drainage purposes. Attorney Folmer requested the
Board adopt a resolution authorizing the acceptance of the conveyance when he and Highway
Sup't. Bush finds the papers in order.
RESOLUTION #73 ACCEPT CONVEYANCE OF DEED FROM NORMAN AND
SHIRLEY GRANT FOR PROPERTY LOCATED ON HILLSIDE
DRIVE
Motion by Councilman Testa
Seconded by Councilman Proud
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby accept the conveyance of a deed from Norman
and Shirley Grant for a portion of the property located on Hillside Drive, tax map #76.14-01-
69.000, and it is further
RESOLVED, the Board hereby accepts the deed subject to Town Attorney and Town Highway
Sup't. approval.
Planned Unit Development Ordinance:
Attorney Folmer apprised the Board that he would have his secretary retypes the Town's
Planned Unit Development Ordinance incorporating the recommendations made by Clough
Harbour & Associates LLP. Once complete, the proposed ordinance would be forwarded to the
appropriate boards for review.
Code Violations:
Attorney Folmer updated the Board on the zoning violations of David Berlew and Pierre
Beaudry.
Attorney Folmer reported that Mr. Berlew appeared in court on two occasions regarding
his violation. Mr. Berlew obtained the services of an engineer to put together the documentation
that CEO Bruce Weber needs in order to determine whether or not the permit needed to build the
drainage pond is appropriate. The matter was adjourned to May 1, 2006.
With regard to Mr. Beaudry and his violation for property on Route 11, Attorney Folmer
informed the Board that Mr. Beaudry did not appear at the scheduled court date on April 3, 2006.
He explained that while a portion of the property was cleaned up, Mr. Beaudry was given
another notice to appear in court on May 1, 2006.
Expansion of the Raymond G. Thorpe Municipal Building:
Attorney Folmer apprised the Board he spoke with the Town's Bond Counsel who would
provide a resolution for the May 3, 2006 Town Board meeting for use of the Town's reserve
funds, which would be subject to permissive referendum. In addition, Bond Counsel would
provide the bonding resolution for the balance of the funds.
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APRIL 05, 2006
TOWN BOARD MEETING
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Zoning Text Amendment:
. As a result of Judge O'Brien's decision regarding the Town's Zoning Ordinance,
C.A.P.E. et. al. vs. Town of Cortlandville et. al., Attorney Folmer recommended the Board
schedule a public hearing on the Zoning Text Amendment for May 17, 2006 at 5:00 p.m.
Attorney Folmer commented that the Board may have to consider "to what extent must we re -do
our SEQRA process and to what extent must we do any other procedural steps in view of Judge
O'Brien's decision."
RESOLUTION #74 SCHEDULE PUBLIC HEARING FOR LOCAL LAW — 2006
ZONING TEXT AMENDMENT
Motion by Councilman Proud
Seconded by Councilman O'Donnell
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, a Public Hearing shall be scheduled for May 17, 2006 at 5:00 p.m.
regarding Local Law — 2006, Zoning Text Amendment.
Attorney Folmer requested the Board hold an Executive Session to discuss pending
litigation — tax certiorari proceeding.
FEIS - Wal-Mart Supercenter PUD:
Attorney Folmer apprised the Board that he, Clough Harbour & Associates, and the
applicant for the Wal-Mart Supercenter PUD would meet to review the format that the Final
Environmental Impact Statement would be prepared in.
There was a brief discussion regarding the request made by Charles R. Feiszli, PE,
Resource Associates on behalf of his client, RB Pittsburgh, to rezone parcel #95.00-10-11.100
owned by N.C.W.P. LLC., from Industrial to Business. The Board rezoned the parcel from
Industrial to Business-3 per Local Law No. 4 of 2005. However, the zoning classification B-3
no longer exists due to the ruling made by Judge O'Brien in the Article 78 Proceeding against
the Town regarding the Zoning Text Amendment.
The Board forwarded the zone change request to the Town Planning Board per the
recommendation of Attorney Folmer.
Councilman Proud made a motion, seconded by Councilman O'Donnell, to receive and
file Cortland County Planning Board Resolution #06-08 regarding the Zoning Map Amendment
and Site Plan Review submitted by APD Engineering for the Wal-Mart Supercenter PUD
application, tax map #105.00-01-22.211. All voting aye, the motion was carried.
Councilman O'Donnell made a motion, seconded by Councilman Proud, to receive and
file correspondence fiom James F. Trasher, P.E., Clough Harbour & Associates LLP, regarding
the Technical Review for Wal-Mart Supercenter PUD, Draft Environmental Impact Statement.
All voting aye, the motion was carried.
RESOLUTION #75 AUTHORIZE SUPERVISOR TO TRANSFER FUNDS FROM
FUND BALANCES INTO ESTABLISHED RESERVE
ACCOUNTS
Motion by Councilman Proud
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
WHEREAS, the Supervisor requested authorization to transfer funds from fund balances into
established reserve accounts as follows: Town Hall Reserve $100,000; Unemployment Reserve
$3,000; Water Reserve $15,000; Sewer Reserve $15,000; therefore
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APRIL 05, 2006 TOWN BOARD MEETING PAGE 6
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BE IT RESOLVED, the Supervisor is hereby authorized and directed to transfer funds from fund
balances to the established reserve accounts, which would close the books for 2005, for a total of
$133,000.
There was discussion regarding the petition submitted by residents on Cedar Crest Drive
and Worthington Place, as well as a petition submitted by residents on Lyncort Drive, requesting
the speed limit be reduced to 30 mph.
Councilman Proud commented that while he had no objection to the speed limits, he
noted there would be a lot of signage in neighborhoods.
RESOLUTION #76 AUTHORIZE REQUEST TO REDUCE SPEED LIMIT ON
SEVERAL TOWN ROADS
Motion by Councilman O'Donnell
Seconded by Councilman Rocco
VOTES: ALL AYE ADOPTED
WHEREAS, a request was received from the town's Highway Superintendent Carl A. Bush, to
reduce the speed limit on the entire length of the following town roads to 30 mph:
Lyncort Drive
Westvale Drive
Hedgemoor Drive
Cedar Crest Drive
Katie Lane
Lyle's Crossing
Worthington Place
Sterling Park
Hatcher's Run
(The plans for this street have been approved. The road has not been
constructed), and
WHEREAS, a petition was also submitted by area residents requesting the speed limit be
reduced, 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.
There was a brief discussion regarding correspondence from Janice Gallinger, 719 Sleepy
Hollow Road, requesting the Town establish a Dog Ordinance that would require dog owners to
clean up after their pets.
Attorney Folmer stated he would research whether there was a format the Board could
consider for such an ordinance. However, he commented that it would be very difficult for the
Sheriff's Department or the local SPCA to enforce such an ordinance. While larger
municipalities may have ordinances that require dog owners to clean up after their pets, it may
not be appropriate for the Town.
Councilman Testa made a motion, seconded by Councilman O'Donnell, to receive and
file correspondence from Janice Gallinger, 719 Sleepy Hollow Road, requesting the Board
establish a Dog Ordinance that would require dog owners to clean up after their pets. All voting
aye, the motion was carried.
RESOLUTION #77 AUTHORIZE SUPERVISOR TO GO OUT TO BID FOR PHASE
II OF THE CORTLANDVILLE STARR ROAD PARK AND
RECREATION CENTER
Motion by Councilman Testa
Seconded by Councilman Proud
VOTES: ALL AYE ADOPTED
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APRIL 05, 2006 TOWN BOARD MEETING PAGE 7
WHEREAS, the Town's engineering firm, Clough Harbour & Associates LLP, informed the
Board the plans for Phase II of the Cortlandville Starr Road Park and Recreation Center were
complete, and
WHEREAS, the complete drawings and bid specifications would be available for sale on April
11, 2006 for a refundable fee of $50.00, and
WHEREAS, the bids would be opened on April 27, 2006 at 3:00 p.m., therefore
BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to go out
to bid for Phase II of the Cortlandville Starr Road Park and Recreation Center.
No further comments or discussion were heard.
Councilman Proud made a motion, seconded by Councilman Testa, 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 7:35 p.m.
The following information was received from the Supervisor's office.
Councilman Proud made a motion, seconded by Councilman Testa, to adjourn the
Executive Session and reconvene to the Regular Meeting. All voting aye, the motion was
carried.
No action was taken.
Councilman Proud made a motion, seconded by Councilman Testa, to adjourn the
Regular Meeting. All voting aye, the motion was carried.
The meeting was adjourned at 7:45 p.m.
Respectfully submitted,
Karen Q. Snyder, RMC
Town Clerk
Town of Cortlandville
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