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JUNE 07, 2006
7:00 P.M.
TOWN BOARD MEETING
The Regular Town Board Meeting of the Town Board of the Town of Cortlandville was
held at the Blodgett Mills Independent Baptist Church, Blodgett Mills, 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; George Rogers, Judy Vickery, Lauren DiLucci; Pat Breed;
Representatives of C.A.P.E.: Arnold Talentino, Ron Powell, and Robert Rhodes; News Reporter,
Eric Mulvihill from WXHC; News Reporter, Corey Preston from the Cortland Standard; and Grace
Meddaugh for Channel 2, Access TV.
Supervisor Tupper called the meeting to order.
Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and
file the Planning Board Minutes — Verbatim Transcript of Wal-Mart Supercenter PUD, of April
11, 2006. All voting aye, the motion was carried.
The Draft Town Board Minutes of May 3, 2006 were provided to the Board for their
RESOLUTION #108 AUTHORIZE PAYMENT OF VOUCHERS — JUNE
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 4251 - 281
$ 58,257.86
General Fund B
B54 -
B59
$ 9,447.30
Highway Fund DB
D 198
- D231
$146,604.97
Water Fund
W98
- W 109
$ 40,315.24
Sewer Fund
S51
- S54
$125495.70
Special Grant
SG4
- SG5
$ 11:043.39
Supervisor Tupper offered privilege of the floor to Pat Breed.
Pat Breed informed the Board that one of the street lights on Kellogg Road is out. She also
suggested that Wal-Mart representatives consider the Buckbee Mears site in the City of Cortland as
a possible location for the Supercenter.
Councilman Rocco stated there is a problem getting the utility company to fix the street
lights in a timely fashion, but assured Mrs. Breed that Highway Sup't. Bush would notify the utility
company.
The monthly reports of the Town Clerk, Tax Collector, and Supervisor for the month of
May 2006, and for the SPCA for the month of April 2006, were on the table for review and are
filed in the Town Clerk's office.
Supervisor Tupper informed the Board they were invited to attend the 1001h Anniversary
Picnic for the Lamont Memorial Library on Saturday, July 8, 2006, at the McGraw Recreation
Park from 12:00-4:00 p.m.
JUNE 07, 2006 TOWN BOARD MEETING PAGE 2
With regard to old business, Supervisor Tupper apprised the Board they received a list of
"Old Business" items included in their packet from Town Clerk Snyder. Not every item listed
would be discussed at each meeting.
The first old business item discussed was in regard to the water and sewer benefit tax for
the Renaissance Development. Through correspondence Planning Board member, Nick Renzi
requested the Board adjust the benefit tax for properties in the Renaissance Development and
base the tax on pipe lengths rather than frontage. He requested the issue be resolved before the
2007 Town and County tax bill. Supervisor Tupper informed the Board and Mr. Renzi that
Assessor Briggs was in the process of computing the pipe lengths by using the water and sewer
maps.
Councilman Proud informed the Board he attended the National Incident Management
System (NIMS) training session held at the Cortlandville Fire Department on May 31, 2006.
Depending on your level of participation, more training sessions would be held.
Councilman Proud discussed the possibility of creating walking trails between residential
developments without utilizing major highways. He spoke with Attorney Folmer regarding the
matter, and stated they could draft a policy that would be a directive to the Planning Board
outlining the Board's intent for the walking trails and the possible location of the trails. He and
Attorney Folmer would work on a proposal and present it to the Board in one month.
Town Clerk Snyder apprised the Board she received notification from the State of New
York Department of State regarding the filing of Local Law No. 1 and No. 2 of 2006. Both
Local Laws were sent to General Code Publishers to be published in the Town Code Book.
RESOLUTION #109 ACKNOWLEDGE NOTIFICATION FROM THE STATE FOR
FILING OF LOCAL LAW NO. 1 AND NO. 2 OF 2006
Motion by Councilman O'Donnell
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the State of New York Department of State acknowledged receipt of Local
Law No. 1 of 2006, "Requiring Advance Notice of Structural Conditions in the Town of
Cortlandville," and Local Law No. 2 of 2006, "Permitting the Town Board to Establish Usage
Fees for Town Parks by Resolution," to be effective May 4, 2006.
Town Clerk Snyder apprised the Board there was some confusion at the Sheriff's
Department regarding the Town's Noise Ordinance. Sandra Johnson notified Town Clerk
Snyder by email that she contacted the Sheriffs Department on May 30, 2006 to make a noise
complaint and was told that the Town did not have a Noise Ordinance. Town Clerk Snyder
emailed Mrs. Johnson and suggested she contact Under Sheriff, Marty Coolidge who was in
possession of the two decibel meter readers purchased by the Town to measure noise. She
assured Mrs. Johnson that the Noise Ordinance was in place.
Supervisor Tupper apprised the Board that until the officers were properly trained they
would not be using the decibel meter readers.
Attorney Folmer reported:
Code Violation — David Berlew, Retention Basin:
Attorney Folmer apprised the Board he had a conference with Judge Casullo on Monday,
June 5, 2006 regarding the code violation of Mr. Berlew. Mr. Berlew was in the hospital and
would be for two weeks. Once Mr. Berlew was out of the hospital, he and his attorney would
appear in court.
Code Violation — Pierre Beaudry, Route 11:
Attorney Folmer apprised the Board the code violation of Pierre Beaudry was adjourned
to July 12, 2006 for a conference and for an inspection of the property. The court has indicated
that a penalty would be imposed if the matter was not taken care of appropriately.
JUNE 07, 2006
TOWN BOARD MEETING
PAGE 3
Dog Ordinance regarding Feces:
Attorney Folmer apprised the Board that on April 5, 2006 there was discussion
concerning an update to the Town's Dog Ordinance concerning feces. The item would be
removed from the list of pending Town Board items, as no action would be taken.
Road Specification Ordinance:
Attorney Folmer reminded the Board they discussed updating the specifications for the
dedications of roads, of which they had a sample ordinance from the Town of Dewitt. He stated
he would not be able to review the ordinance until other pending issues such as the Zoning
Ordinance, PUD Ordinance, and the Stormwater Management Ordinance were complete.
Annexation of Land — Request by Gary Wilcox:
Attorney Folmer reminded the Board that the request made by Gary Wilcox for the
annexation of land on Bell Drive from the Village of Homer to the Town of Cortlandville would
most likely require a vote from the residents of both municipalities at the general election in
November 2007. Mr. Wilcox indicated he was in no immediate rush for the annexation to be
approved.
Code Violations:
Attorney Folmer apprised the Board the code violations of Leo Ladd and Joseph Camillo,
discussed at the May 3, 2006 Town Board meeting, were received in his office.
Lot Size:
Attorney Folmer apprised the Board the issue with lot sizes would be included in the
revised Zoning Ordinance, which would call for a proportionate ratio between frontage and
depth.
Conveyance of Deed — NYS Route 215:
Attorney Folmer reminded the Board they approved the contract for the purchase of
property from Donald P. Reed for property located on NYS Route 215. Attorney Folmer was
waiting for the closing documents from the seller's attorney.
Enforcement of Zoning Ordinance:
Attorney Folmer apprised the Board that since he was delegated by the District
Attorney's office to prosecute zoning violations within the Town, he has prosecutorial discretion.
His prosecutorial discretion is "not governed by anybody else except whatever is my judgment as
to the appropriateness of prosecution, lack of prosecution, or fines." He was aware of the
Board's feelings for "additional strength" put into the prosecutions and attempt to do so as he
reviewed each individual case. Some people violate the zoning law and are not aware that they
violated the law; once it is brought to their attention they comply. Others, however, violate the
law intentionally.
Purchase of Vacant Land:
Attorney Folmer stated an appraisal was done on the strip of land that the Board
discussed purchasing. He asked that they notify him when they are ready to proceed.
Zone Change Request — R.B. Pittsburgh, LLC.:
Attorney Folmer apprised the Board that the Planning Board recommended at their May
30, 2006 meeting that the Board approve the zoning request of R.B. Pittsburgh, LLC. Attorney
Folmer had not seen the documentation necessary to draft a proposal of the law.
iL4 7
JUNE 07, 2006 TOWN BOARD MEETING PAGE 4
Violation of Stephen Flatt — Levydale Park:
Attorney Folmer stated he had a recent letter regarding a violation of accumulation of
debris on property owned by Stephen Flatt, which he would deal with before the next Town
Board meeting.
Violation of Anthony Tinelli — Route 11:
Attorney Folmer stated he had a letter to Anthony Tinelli concerning a burned -out
structure on Route 11. It was his understanding that for the past 2 1/2 years the matter has been in
the hands of a trustee in bankruptcy, which limits Mr. Tinelli's ability to deal with the property
himself. Before doing any more prosecuting, Attorney Folmer would investigate the matter and
determine how he would like to proceed.
Wal-Mart Supercenter PUD — FEIS:.
Attorney Folmer apprised the Board that Harter Secrest & Emery, LLP indicated the
Final Environmental Impact Statement (FEIS) for the Wal-Mart Supercenter PUD would be
submitted at a later date, as they are having "difficulty with some additional studies." Attorney
Pronti hoped to have the FEIS to the Board in the next few weeks. Attorney Folmer suggested
the Board extend the period of time for the preparation of the FEIS until July 15, 2006.
Stormwater Management Ordinance:
With regard to the Stormwater Management Ordinance, Attorney Folmer recommended
the Board authorize him to forward the proposal to the County Planning Board for review and
comments.
RESOLUTION #110 AUTHORIZE TOWN ATTORNEY TO FORWARD THE
PROPOSED STORMWATER MANAGEMENT ORDINANCE
TO THE COUNTY PLANNING BOARD FOR REVIEW
AND RECOMMENDATIONS
Motion by Councilman Proud
Seconded by Councilman Rocco
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize and direct the Town Attorney to
forward the proposed Stormwater Management Ordinance to the County Planning Board for
their review and recommendations.
Revised Zoning Ordinance Proposal — Planned Unit Development Ordinance Proposal:
Attorney Folmer apprised the Board a new SEQRA process would have to be conducted
for both the rezoning proposal and the PUD proposal. The Board would have to declare itself
Lead Agency and give notice to the involved agencies and interested parties, which would
include a 30-day period to decide whether or not they wished to assume lead agency status.
Attorney Folmer requested authorization to file the revised ordinance with the Town
Clerk, send out the 30-day notice to the involved agencies and interested parties, and to forward
it to the County for review and recommendations.
RESOLUTION #111 AUTHORIZE TOWN ATTORNEY TO FILE THE REVISED
ZONING ORDINANCE WITH THE TOWN CLERK, TO SEND
LEAD AGENCY NOTICE TO INVOLVED AGENCIES AND
INTERESTED PARTIES
Motion by Councilman Testa
Seconded by Councilman O'Donnell
VOTES: ALL AYE ADOPTED
148
JUNE 07, 2006 TOWN BOARD MEETING PAGE 5
BE IT RESOLVED, the Town Board does hereby authorize and direct the Town Attorney to file
the revised Zoning Ordinance with the Town Clerk, to send the 30-day Lead Agency notice to
the involved agencies and interested parties, and it is further
RESOLVED, the Town Attorney is authorized and directed to forward the revised Zoning
Ordinance to the County Planning Board for review and recommendations.
Councilman Proud questioned whether Attorney Folmer had the proposed revision to the
Zoning Ordinance in his possession.
Attorney Folmer did not have the revised Zoning Ordinance to file at this time as he had
a question for the Board regarding the revised text. He asked the Board to recall that in the text
of the first Zoning Text Amendment a provision was included regarding lot coverage stating "the
Planning Board could increase the amount of coverage in that 3-acre parcel to 75% by means of
some specific action of the Planning Board." He questioned whether the Board wanted the same
provision included in the revised Zoning Ordinance, as it was not included at this point.
Depending on the proposed use of the property, the provision would allow for some flexibility
for both the landowner and the Planning Board.
With regard to lot sizes, referred to as "bacon strip lots," Attorney Folmer informed the
Board the recommendation from the Planning Board was included in the revision at this point.
Members of the Board requested they be provided with a copy of the proposed revision to
the Zoning Ordinance before being able to make a decision as to whether or not there should be a
provision for the Planning Board to increase lot coverage requirements.
With regard to the revision to the Planned Unit Development Ordinance, the revision was
ready to be filed with the Town Clerk, and forwarded to the County Planning Board for review
and recommendations. Attorney Folmer suggested the 30-day Lead Agency notice be sent to the
involved agencies and interested parties as well.
RESOLUTION #112 AUTHORIZE TOWN ATTORNEY TO FILE THE REVISED
PLANNED UNIT DEVELOPMENT ORDINANCE WITH THE
TOWN CLERK AND TO SEND LEAD AGENCY NOTICE TO
INVOLVED AGENCIES AND INTERESTED PARTIES
Motion by Councilman O'Donnell
Seconded by Councilman Proud
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize and direct the Town Attorney to file
the revised Planned Unit Development Ordinance with the Town Clerk, to send the 30-day Lead
Agency notice to the involved agencies and interested parties, and it is further
RESOLVED, the Town Attorney is authorized and directed to forward the revised Planned Unit
Development Ordinance to the County Planning Board for review and recommendations.
Attorney Folmer did not believe that any other agency or party would be interested in
acting as lead agency. Once the 30-day notice has expired, the Board should discuss timing so
that the public hearings are scheduled appropriately.
Bonding Resolution:
Attorney Folmer apprised the Board the period of time for the submission of a permissive
referendum regarding the issuance of a bond for the renovations to the Raymond G. Thorpe
Municipal Building would expire June 7, 2006. Bond Counsel provided Attorney Folmer with a
notice to be published that would give the Town another 20-day waiting period for someone to
bring an action against the Town claiming the Board does not have the legal authority to issue
the bonds. At the end of the 20-day period the Town could proceed with getting the bond for the
$1.2 million. Attorney Folmer requested Supervisor Tupper solicit quotes for interest rates from
banking institutions.
Supervisor Tupper noted that Town Clerk Snyder had started asking for quotes.
Councilman O'Donnell requested that Key Bank Corp. was included in the quotes for
1
1
1
interest rates.
199
JUNE 07, 2006 TOWN BOARD MEETING PAGE 6
Lease of Property for Youth Bureau Program:
Attorney Folmer informed the Board he was asked to research whether or not the Town
could lease property to use for a youth program that would be conducted by the Cortland County
Youth Bureau. According to Town Law, the Board has the authority to lease real property for
appropriate Town purposes. If the Town decided to lease property for the Youth Bureau,
Attorney Folmer would draft a lease agreement.
At this point in the meeting Attorney Folmer excused himself because he had another
meeting to attend.
There was a brief discussion regarding the bid for One New Trailer Mounted Engine
Driven Generator Set. Supervisor Tupper explained that the low bidder, Admar Supply
Company, did not meet the specifications. Therefore, Water & Sewer Sup't., Peter Alteri, Jr.
recommended the bid be awarded to Kinsley Power Systems.
RESOLUTION #113 AWARD BID FOR ONE NEW AND UNUSED TRAILER
MOUNTED ENGINE DRIVEN GENERATOR SET TO
KINSLEY POWER SYSTEMS IN THE AMOUNT OF
Motion by Councilman Rocco
Seconded by Councilman O'Donnell
VOTES: ALL AYE ADOPTED
WHEREAS, bids were advertised for One New and Unused Trailer Mounted Engine Driven
Generator Set, and
WHEREAS, sealed bids were opened on June 5, 2006 at 3:00 p.m. and provided to Water &
Sewer Sup't., Peter Alteri, Jr. for review as follows:
Admar Supply Co. $14,200.00
2305 Old Vestal Road
Vestal, New York 13850
Kinsley Power Systems $15,115.00
63 Railroad Avenue
Albany, New York 12205
Admar Supply Co. $17,650.00
2305 Old Vestal Road
Vestal, New York 13850
THEREFORE BE IT RESOLVED, the bid as recommended by Water & Sewer Sup't., Peter
Alteri, Jr. is hereby awarded to Kinsley Power Systems of 63 Railroad Avenue, Albany, New
York, in the amount of $15,115.00
Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and
file correspondence from Code Enforcement Officer, Bruce Weber dated May 17, 2006 to
Stephen Flatt regarding a code violation for property located at 3649 Levydale Park, tax map
#96.10-02-10.000. All voting aye, the motion was carried.
Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and
file correspondence from Code Enforcement Officer, Bruce Weber dated May 17, 2006 to
Anthony Tinelli regarding a code violation for property located at 3747 and 3751 Route 11, tax
map 497.02-01-06.000. All voting aye, the motion was carried. .
150
JUNE 07, 2006 TOWN BOARD MEETING PAGE 7
Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and
file correspondence from Attorney Kelly A. Pronti, Harter Secrest & Emery, LLP. dated May 16,
2006, responding to comments made by the public, the Town of Cortlandville, and the Cortland
County Planning Board regarding the Wal-Mart Supercenter PUD application. All voting aye,
the motion was carried.
RESOLUTION 4114 AUTHORIZE EXTENSION OF TIME FOR WAL-MART TO
PREPARE THE DRAFT FINAL ENVIRONMENTAL IMPACT
STATEMENT FOR THE WAL-MART SUPERCENTER PUD
Motion by Councilman Proud
Seconded by Councilman Rocco
VOTES: ALL AYE ADOPTED
WHEREAS, pursuant to NYCRR 617.9(5) the Town Board as Lead Agency must prepare or
cause to be prepared and must file a Final Environmental Impact Statement (FEIS) within 45
calendar days of the close of any hearing, and
WHEREAS, at the Town Board's request Wal-Mart has undergone the task of preparing a draft
FEIS, and
WHEREAS, given the additional testing required by the Town's engineering firm, Clough
Harbour & Associates, LLP., Wal-Mart has not been able to complete the FEIS within such 45
day period, and
WHEREAS, pursuant to NYCRR 617.9(5) ii, the Town Board as Lead Agency may extend such
period of time to prepare and file the FEIS if it is determined that additional time is necessary to
prepare the FEIS adequately, and
WHEREAS, on behalf of Wal-Mart, Harter Secrest & Emery, LLP. requested an extension of
time to prepare the FEIS, therefore
BE IT RESOLVED, the Town Board as Lead Agency does hereby authorize an extension of
time for Wal-Mart to prepare and submit the draft FEIS until July 15, 2006.
RESOLUTION #115 APPOINT DEPUTY SUPERVISOR, THEODORE V. TESTA TO
OVERSEE THE TOWN PARKS
Motion by Councilman Rocco
Seconded by Councilman O'Donnell
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby appoint Deputy Supervisor, Theodore V. Testa
to oversee the Town parks, including Citizens Park, Blodgett Mills Park, and the Cortlandville
Starr Road Park and Recreation Center, at no salary.
There was a brief discussion regarding correspondence from the NYS DOT regarding the
speed limit on McLean Road between Deerfield Heights and the Cortland/Tompkins County
line. The DOT suggested the Town submit any information that may be helpful in its
investigation.
Councilman Rocco requested a copy of the correspondence be sent to Charles Yaple at
the Lime Hollow Nature Center.
Supervisor Tupper authorized Town Clerk Snyder to send any information from the
McLean Road file that may be helpful to the NYS DOT in their investigation of the speed limit
on McLean Road.
Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and
file correspondence from Diana L. Graser, P.E., New York State Department of Transportation,
dated May 24, 2006, acknowledging receipt of the Town's request to reduce the speed limit on
McLean Road between Deerfield Heights and the Cortland/Tompkins County line. All voting
aye the motion was carried.
JUNE 07, 2006 TOWN BOARD MEETING PAGE 8
151
There was a brief discussion regarding correspondence from residents of Bell Drive
regarding the drainage problem affecting Bell Drive. Residents of Bell Drive requested the
Board petition the state to begin work on the drainage issue first before any expansion work is
done on NYS Route 281 due to the severity of the water problems. Supervisor Tupper stated he
would contact the Town's state representatives for assistance in the matter. On the other hand,
he informed the Board he received an email from a resident of Bell Drive who did not sign the
petition and was happy with the current drainage situation.
Councilman O'Donnell made a motion, seconded by Councilman Proud, to receive and
file correspondence from residents of Bell Drive, Carl A. Edlund and Fortunata Abate, dated
May 16, 2006, requesting the Board petition the State to complete the necessary drainage work
prior to the scheduled expansion of NYS Route 281 in 2010. All voting aye, the motion was
carried.
There was discussion regarding the Blodgett Mills Community Development Housing
Rehabilitation Program.
Supervisor Tupper informed the Board that including the approval request of Donna
Reome, the Board approved 5 applicants for the CDBG Program for a total of approximately
$125,000. The Town would use about $22,000 for sidewalks in Blodgett Mills, and
approximately $60,000 would go to Thoma Development Consultants.
Councilman O'Donnell questioned where the sidewalk improvements would be and what
the $22,000 would pay for.
Highway Sup't. Bush stated the sidewalks would most likely begin at the Post Office in
Blodgett Mills and extend to the corner. The $22,000 would take care of the materials needed
for the sidewalks.
An unknown woman questioned how the improvements would affect her taxes.
Supervisor Tupper stated the funds for the improvements to homes and the sidewalks
were coming from a state grant and would not affect her taxes.
RESOLUTION #116 AUTHORIZE APPROVAL REQUEST OF DONNA REOME
FOR THE BLODGETT MILLS COMMUNITY
DEVELOPMENT HOUSING REHABILITATION PROGRAM
Motion by Councilman O'Donnell
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize the approval request of Donna
Reome for property located at 2287 Blodgett Mills Road in the Town of Cortlandville, for the
Blodgett Mills Community Development Housing Rehabilitation Program, and it is further
RESOLVED, the work would include windows and doors, siding, interior carpentry, heating,
plumbing and flooring, for a total cost of $22,455.00.
No further comments or discussion were heard.
Councilman Rocco 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