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MAY 17, 2006 5:00 P.M.
TOWN BOARD MEETING
The Special Town Board 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 C. Tupper
Councilman, Theodore V. Testa
Councilman, Edwin O'Donnell
Councilman, Ronal L. Rocco
Councilman, John C. Proud
Town Clerk, Karen Q. Snyder
Others present were: Town Attorney, John Folmer; Highway Sup't. Carl Bush; Planning
Board Member, Nick Renzi; Jo Schaffer from the City of Cortland Planning Commission;
Representatives of C.A.P.E.: Jan Thomsan, Dr. Arthur and Dr. Patricia Shedd, Jamie Dangler; John
Carroll; Michael Chernago representing S.C.W.P., LLC.; News Reporter, Corey Preston from the
Cortland Standard; and Grace Meddaugh for Channel 2, Access TV.
Supervisor Tupper called the meeting to order.
Councilman Rocco made a motion, seconded by Councilman Testa, to approve the Town
Board Wal-Mart DEIS Public Hearing Minutes of March 1, 2006. All voting aye, the motion
was carried.
Councilman Rocco made a motion, seconded by Councilman Testa, to approve the Town
Board Wal-Mart DEIS Public Hearing Minutes of March 2, 2006. All voting aye, the motion
was carried.
Councilman Rocco made a motion, seconded by Councilman Testa, to approve the Town
Board Wal-Mart DEIS Public Hearing Minutes of March 3, 2006. All voting aye, the motion
was carried.
Councilman Rocco made a motion, seconded by Councilman Testa, to receive and file
the Planning Board Minutes of February 28, 2006. All voting aye, the motion was carried.
Councilman Rocco made a motion, seconded by Councilman Testa, to receive and file
the Planning Board Minutes of March 28, 2006. All voting aye, the motion was carried.
Councilman Rocco made a motion, seconded by Councilman Testa, to receive and file
the Planning Board Minutes of April 11, 2006. All voting aye, the motion was carried.
The Draft Town Board Minutes of April 5, 2006 and April 19, 2006 were provided to the
Board.
RESOLUTION #101 AUTHORIZE PAYMENT OF VOUCHERS — MAY
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 #219 - 250
$
83,815.00
General Fund B
B49 - B53
$
17,007.51
Highway Fund DB
D169 - D197
$
65,974.85
Water Fund
W86 - W97
$
13,707.33
Sewer Fund
S42 - S50
$
77,703.87
Trust & Agency
T5 - T5
$
28,698.01
Capital Projects
H2 - H3
$
59,108.76
The monthly report of the Town Justice for the month of April 2006 was on the table for
review and is filed in the Town Clerk's office.
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MAY 17, 2006 TOWN BOARD MEETING PAGE 2
Supervisor Tupper offered privilege of the floor to Nick Renzi.
Planning Board member, Nick Renzi, commented that in January of 2005 the Town
Board solicited a quote from Clough Harbour & Associates to update the Planned Unit
Development (PUD) Ordinance. Clough Harbour submitted it's recommendations to the Town,
and the Planning Board accepted the recommendations with some minor word changes as
Planning Board Resolution 4114 in December 2005. However, the Town Board has not acted on
the changes to the PUD Ordinance. Mr. Renzi suggested the Board make some procedural
changes to avoid losing track of pending items.
The second pending issue that Mr. Renzi discussed was with regard to lot sizes (bacon
strip lots). The Planning Board passed a resolution in July 2005 recommending the depth of lots
should be no more than three times the average width; lots incorporating septic systems should
be no less than 2 acres in area. The Planning Board thought the Town Board would act on the
resolution, however no action was taken.
The next issue mentioned by Mr. Renzi was with regard to the Stormwater Ordinance,
which he worked on with Patrick Reidy from the Cortland County Soil & Water Conservation
District. The update to the Stormwater Ordinance was also pending.
Supervisor Tupper thanked Mr. Renzi for his comments, and stated he did not recall a
request for the Board to act on any of the issues mentioned. He suggested the Planning Board
inform his secretary of any issues/resolutions that should be forwarded to the Board.
Supervisor Tupper suggested the Board incorporate the changes to the PUD Ordinance
and lot size with the revisions to the Zoning Ordinance — Zoning Text Amendment.
Attorney Folmer apprised the Board he had the proposed draft of the PUD Ordinance and
would meet with Mr. Renzi regarding the draft. He agreed that the Board should incorporate
whatever they needed to in the upcoming revision to the Zoning Ordinance, however the
Stormwater Ordinance was a separate issue and should be acted on separately.
Mr. Renzi apprised the Board he received a phone call from the DEC regarding the status
of the Wal-Mart Supercenter PUD application and the Final Environmental Impact Statement
(FEIS). The representative of the DEC informed Mr. Renzi that he was contacted by Wal-Mart
to attend a meeting regarding Stormwater Management. Mr. Renzi questioned whether the
Town Board, as lead agency, was notified of the meeting or if Clough Harbour & Associates was
informed of the meeting.
Attorney Folmer stated APD Engineering, representing Wal-Mart, is entitled to contact
any agency or consultant they feel necessary, and that it was not appropriate for the Town to
participate in the preparation of the FEIS. Although there is no time limit for the applicant to
submit the FEIS, the timetable for receiving the FEIS may be longer than anticipated if the
applicant was going to revise the plan and review it with the DEC.
Supervisor Tupper offered privilege of the floor to Michael Chemago.
Michael Chemago, representing S.C.W.P., LLC. questioned what the status of the zoning
was for the 26-acre site on NYS Route 13.
Attorney Folmer informed Mr. Chernago that the zoning of the parcel would be included
in the revised Zoning Ordinance.
Supervisor Tupper offered privilege of the floor to Councilman Proud.
Councilman Proud informed the Board he was having a difficult time remembering
pending items from meeting to meeting, and suggested a list of pending items be attached to each
meeting agenda or listed under "Old Business."
With regard to old business, Supervisor Tupper apprised the Board that Attorney Folmer
reviewed the proposal for the grant for the Brockway Truck Museum. While there was nothing
wrong with the proposal, Attorney Folmer was not certain about the funding; the grant required a
50150 match. The Town would have to expend $60,000.00, which was not budgeted for, before
being reimbursed by the State. According to William Breidinger, a representative for the
Brockway Truck Museum, the Museum agreed to match the grant, however the application to the
State would indicate that the Town agreed to match the funds.
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MAY 17, 2006 TOWN BOARD MEETING PAGE 3
Attorney Folmer apprised the Board that while they've applied for and received grants in
the past the Town has never applied for a matching grant.
Supervisor Tupper stated there was a good chance that the proposal would be approved
and felt that the Museum would be a great tourist attraction.
Councilman Proud voiced his concern that the Town has a tight budget. Although there
may be money in Town reserves, he was concerned with the amount of time it could take for the
Town to be reimbursed after the expenditure.
Councilman Testa commented that if the Town receives the grant it would be guaranteed
that the money would be reimbursed, and thought the Town should go ahead and apply to the
state for the grant.
Jamie Dangler, a member of the Brockway Truck Museum, apprised the Board there
would be no problem with matching the funds because they already have more than $60,000.00
to match the grant.
After Mrs. Dangler's comments, Councilman Rocco stated he was comfortable
authorizing the Supervisor to sign and submit the grant.
RESOLUTION #102 AUTHORIZE SUPERVISOR TO SIGN APPLICATION TO
NEW YORK STATE ENVIRONMENTAL PROTECTION
FUND FOR A GRANT UNDER THE LOCAL WATERFRONT
REVITALIZATION PROGRAM
Motion by Councilman Rocco
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
WHEREAS, the New York State Environmental Protection Fund has available grant monies
with a matching award, and
WHEREAS, William J. Breidinger the Executive Director of the Homer -Cortland Community
Agency, Inc. a Not -for -Profit 5016 Company has approached the Town of Cortlandville to
apply for such a grant for a project called Brockway-Homeville Museum Complex, which will
be located near the Tioughnioga River in the Town of Cortlandville, therefore
BE IT RESOLVED, the Town Board hereby authorizes and directs the Supervisor to sign such
application, and it is further
RESOLVED, the Town Clerk is hereby authorized and directed to prepare a certified copy of the
foregoing resolution to be forwarded to the New York State Environmental Protection Fund
along with the completed application.
Attorney Folmer reported:
Conveyance of Deed — NYS Route 215:
Attorney Folmer suggested the Board adopt a resolution approving and authorizing the
Supervisor to sign the contract for the purchase of a 4-acre parcel located on NYS Route 215
from Donald P. Reed, to correct the dangerous intersection of Bennie Road and NYS Route 215,
in the amount of $40,000.00.
RESOLUTION #103 AUTHORIZE SUPERVISOR TO SIGN CONTRACT TO
PURCHASE 4-ACRES OF LAND LOCATED AT 3334 NYS
ROUTE 215 FROM DONALD P. REED
Motion by Councilman Proud
Seconded by Councilman O'Donnell
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to sign a
contract to purchase 4-acres of land located at 3334 NYS Route 215, a portion of tax map
#106.00-01-06.200, in an amount not to exceed $40,000.00, in order to correct the dangerous
intersection of NYS Route 215 and Bennie Road.
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MAY 17, 2006
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PAGE 4
Road Specification Ordinance:
Attorney Folmer apprised the Board he reviewed the . Town of Dewitt's Road
Specification Ordinance at the request of Councilman Rocco. If the Board were to adopt a
similar ordinance "it would accomplish the purpose that you want," however the specifications
are very strict and demanding on the contractors/developers, which may be a concern.
Councilman Rocco stated he was concerned with developers of new subdivisions and the
acceptance of the road by the Town. He informed the Board that he contacted the Supervisor
and Highway Sup't. of the Town of Dewitt who provided him with a copy of their Road
Specifications.
Councilman Rocco felt the Town had a problem with developers of new subdivisions and
the construction of the roads while houses are being built. He explained that the Town receives a
deposit to complete the road, which is put in escrow until the developer finishes the road and the
Town accepts it. Unfortunately, with the continued construction of houses the road is destroyed
and the Town has to repair the road at its expense.
Councilman Rocco apprised the Board that in order to prevent such events from
occurring, the Town of Dewitt requires the developer to put down a certain amount of money to
finish the road, which is held by the Town. When 75% of the lots are sold and build on, the
developer completes the road. The developer is responsible for the remainder of the road until
all the lots are sold. Therefore, if the developer destroys the road during construction of the
homes he would have to repair the road. In addition, the adjoining property owners would have
to sign off that the road was acceptable.
Councilman Rocco stated the Town of Cortlandville is becoming too large, with an
increase in subdivisions, and cannot afford to repair the roads right after they are constructed.
He stated the Town needs stricter rules and regulations to control the issue, and agreed that
developers would not like the specifications because they would be held responsible for the roads
rather than the citizens of the Town of Cortlandville.
Attorney Folmer gave the Road Specifications to Highway Sup't. Bush to compare to the
Town's current specifications.
Annexation of Land — Request by Gary Wilcox:
Attorney Folmer apprised the Board he discussed the request made by Gary Wilcox to
annex his property on Bell Drive from the Village of Homer to the Town of Cortlandville with
Attorney Perfetti representing the Village of Homer. The issue may have to be placed on the
ballot at the general election in November for both the Town and the Village. Mr. Wilcox was in
no immediate rush for the annexation to be approved.
Conveyance of Deed — Hillside Drive:
Attorney Folmer apprised the Board he was in receipt of the executed deed from Norman
and Shirley Grant conveying property on Hillside Drive to the Town. He requested the Board
adopt a resolution authorizing the Supervisor to execute the deed, record the deed with the
County Clerk, and to deliver payment.
RESOLUTION #104 AUTHORIZE SUPERVISOR TO EXECUTE DEED AND
TOWN ATTORNEY TO RECORD DEED FROM NORMAN
AND SHIRLEY GRANT FOR PROPERTY LOCATED ON
HILLSIDE DRIVE
Motion by Councilman Rocco
Seconded by Councilman O'Donnell
VOTES: ALL AYE ADOPTED
WHEREAS, the Town Board accepted the conveyance of a deed from Norman and Shirley
Grant at the April 5, 2006 Town Board Meeting for property located on Hillside Drive, a portion
of tax map #76.14-01-07.000, therefore
BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to execute
the deed from Norman and Shirley Grant, and it is further
RESOLVED, the Town Attorney is hereby authorized and directed to record the deed, and to
deliver payment in the amount of $4,800.00.
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MAY 17, 2006 TOWN BOARD MEETING PAGE 5
Bonding Resolution:
Attorney Folmer apprised the Board the Bonding Resolution adopted May 3, 2006 was
published in the Cortland Standard as required. He and Town Clerk Snyder would send the
Affidavit of Publication and other appropriate documentation to Bond Counsel.
Planning Board Index of Actions:
Attorney Folmer requested that the Index of Actions from the Planning Board and Zoning
Board of Appeals be forwarded to him.
Notice of Claim — Sprague:
Attorney Folmer apprised the Board he attempted to speak with Attorney Baranello
concerning the claim made by Stanley and Anna Maria Sprague for property damages at 1219
Davinci Drive, however Attorney Baranello was not available.
Tax Certiorari Claims:
Attorney Folmer reminded the Board the tax certiorari claim filed by Eric Barden for
property located on Madden Lane was settled.
Attorney Folmer informed the Board that while the tax certiorari proceeding commenced
by Pall Trinity Micro Corp. were disposed of, the Court informed him that there was one year of
claims not specifically mentioned in the stipulation. Bond Schoenek & King and Attorney
Folmer executed and filed the appropriate stipulations. Therefore, the Pall Trinity claim was
complete as well.
Code Violation — David Berlew Water Retention:
Attorney Folmer apprised the Board an engineer was hired to evaluate the water retention
basin and to obtain a permit with regard to the code violation of David Berlew. Remedial action
would also have to be taken care of. Judge Casullo scheduled a conference regarding the matter
for May 22, 2006, although the conference date may have to be rescheduled.
Supervisor Tupper questioned what the disposition would be if Mr. Berlew "comes into
compliance."
Attorney Folmer could not comment on a conclusion.
Code Violation — Pierre Beaudry, Route 11:
Attorney Folmer apprised the Board they appeared in court three times regarding the
code violation of Pierre Beaudry for property located on Route 11. A conference with Judge
Casullo was also scheduled for May 22, 2006.
Supervisor Tupper was concerned that the Town needed to be stricter regarding code
violations to prevent the public from not applying for the necessary permits until they get caught.
He felt there must be a penalty for the violations, such as a fine, even after compliance with the
code.
Attorney Folmer mentioned that the Code Enforcement Officer is limited in his time,
therefore zoning is enforced on a complaint -by -complaint basis. The Town Ordinance provides
for fines under certain circumstances, which would apply to separate violations over separate
periods of time. The Court has the authority to impose the fines if it chooses to do so.
Councilman ;Proud commented that the Board spent a considerable amount of time
discussing the particular complaint at various meeting, which is a cost to the whole Town. He
stated it was also a cost of credibility to the Town when a person opts not to get a permit and
takes a chance as to whether or not they will get caught.
Supervisor Tupper stated he would like to see the Town act more aggressively with
regard to code violations.
Councilman Rocco made a motion, seconded by Councilman Proud, to receive and file
correspondence from Jamie Dangler, C.A.P.E. Executive Board, dated, May 1, 2006, which
included correspondence from Bansbach, Zoghlin & Wahl, P.C., Attorneys at Law, representing
C.A.P.E. in connection to the proposed amendments to the Town Zoning Law, dated April 13,
2006. All voting aye, the motion was carried.
MAY 17, 2006
TOWN BOARD MEETING
PAGE 6
RESOLUTION #105
AUTHORIZE HIGHWAY SUP'T. TO PURCHASE A PICKUP
TRUCK FROM THE STATE BID
Motion by Councilman Rocco
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize and direct the Highway Sup't. to
purchase a pickup truck from the State Bid list in an amount not to exceed $30,000.00, and it is
further
RESOLVED, the pickup truck will replace a 1992 Chevrolet one -ton truck, which will go to
auction.
RESOLUTION #106 AUTHORIZE SUPERVISOR TO SIGN THE OWNER -
OCCUPIED LOAN AGREEMENTS FOR THE BLODGETT
MILLS COMMUNITY DEVELOPMENT HOUSING
REHABILITATION PROGRAM
Motion by Councilman Proud
Seconded by Councilman Rocco
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to sign the
following owner -occupied loan agreements for the Blodgett Mills Community Development
Housing Rehabilitation Program:
Earl Carnegie, 2297 Blodgett Mills Road, Blodgett Mills - $24,995.96
Work Includes: windows & doors, roofing, flooring, heating, plumbing, siding, interior &
exterior carpentry, electric, other;
Dawn Brown Roundy, 3377 Maple Avenue, Blodgett Mills - $15,497.00
Work Includes: windows & doors, roofing, other, insulation, heating, plumbing, electric
Dale and Barbara Weaver, 3350 Kellogg Road, Blodgett Mills - $21,520.11
Work Includes: interior carpentry, siding, windows & doors, other, exterior carpentry,
roofing.
RESOLUTION #107 AUTHORIZE SUPERVISOR TO AMEND THE 2006 BUDGET
BY ESTABLISHING A NEW EXPENSE ACCOUNT AND TO
TRANSFER FUNDS
Motion by Councilman Rocco
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
WHEREAS, the Bookkeeper requested the Board establish a new expense account to account for
the purchase of two decibel meters to monitor and comply with the Noise Ordinance within the
Town of Cortlandville, therefore
BE IT RESOLVED, the Supervisor is hereby authorized and directed to establish a new expense
account B3197.2 Law Enforcement, and it is further
RESOLVED, the Supervisor is hereby authorized and directed to transfer $2,099.09 from
Contingency B1990.4 to Law Enforcement B3197.2, and it is further
RESOLVED, the 2006 Budget is hereby amended.
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MAY 17, 2006 TOWN BOARD MEETING PAGE 7
No further comments or discussion were heard.
Councilman Rocco made a motion, seconded by Councilman Proud, to adjourn the
Regular Meeting. All voting aye, the motion was carried.
The meeting was adjourned at 5:45 p.m.
Respecfully submitted,
Karen Q. Snyder, RMC
Town Clerk
Town of Cortlandville
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