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JUNE 21, 2006 5:00 P.M.
TOWN BOARD MEETING
The Regular 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; Town
Justice, Francis J. Casullo; Planning Board Member, Nick Renzi; Donna Johnson; Theresa Quail;
Sandra Johnson; Rose Ann Coville, Cortland County Youth Bureau; Representatives of C.A.P.E.:
Grace Meddaugh and Robert Rhodes; News Reporter, Corey Preston from the Cortland Standard;
News Reporter, Eric Mulvihill from WXHC; and Sharon Stevans for Channel 2, Access TV.
Supervisor Tupper called the meeting to order.
The draft Town Board Minutes of May 17, 2006, June 7, 2006, and the draft Special
Town Board Minutes of May 24, 2006 were submitted to the Board.
RESOLUTION #117 AUTHORIZE PAYMENT OF VOUCHERS — JUNE
Motion by Councilman Rocco
Seconded by Councilman O'Donnell
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the vouchers submitted have been audited and shall be paid as follows
General Fund A
Vouchers #282 - 312
$
90,575.00
General Fund B
B60 - B66
$
9,234.63
Highway Fund DB
D232 - D265
$
36,883.61
Water Fund
W110 - W119
$
13,708.30
Sewer Fund
S55 - S58
$
6,552.38
Trust & Agency
T6 - T6
$
28,698.01
Capital Projects
$
85.54
Supervisor Tupper offered privilege of the floor to Town Justice, Francis Casullo.
Town Justice, Francis Casullo, apprised that he and Town Clerk Snyder met with Kathy
Barber regarding record storage and the purging of court records. Due to the Town Hall
Expansion/Renovation project the records in the basement as well as the records in the Town
Clerk's vault, must temporarily be moved to another location. Rather than move all the records
to the off -site location, Justice Casullo would find out what records may be purged and what
must be retained from the Office of Court Administration.
Justice Casullo stated he would work with Town Clerk Snyder and Kathy Barber to
implement a records management retention and disposal schedule for the court records, which
would inform the court as to what records could be purged each year.
Councilman Rocco questioned how many records were in the basement, and how the
purge able documents would be disposed of.
Justice Casullo explained that the basement was full of records, but not solely court
records. The court records include records from past Town Justices, including the Village of
McGraw Court records, most of which should have been purged years ago. A document
shredding company was contacted and may be hired if necessary.
Justice Casullo apprised the Board he had money in his budget to hire Ms. Barber, which
he estimated would cost approximately $3,000. Although Board authorization was not
necessary, he wanted to inform the Board of his intent before hiring Ms. Barber.
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TOWN BOARD MEETING
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Supervisor Tupper offered privilege of the floor to Rose Ann Coville.
Rose Ann Coville, Administrative Aide for the Cortland County Youth Bureau, requested
the fee be waived for the necessary Conditional Permit Application, which if approved would
allow the Cortland County Youth Bureau to provide a summer recreation program for the Town
of Cortlandville's youth. Joe Armideo authorized the Youth Bureau to use his property located
at 1071 Route 13 at no charge. Because of the number of low-income children in close
proximity to the Route 13 location, the Youth Bureau felt the program would reach more
children than it would if it were held at one of the Cortlandville parks. In addition, Reverend
Janet Hansen, Christ Presbyterian Church agreed to let the Youth Bureau have access to the
restroom during the hours of the program.
Supervisor Tupper stated the Conditional Permit Application fee would be $250.00.
Before the Planning Board could discuss the application the Board had to make a decision
regarding the request.
Councilman Rocco stated the program would be very beneficial, but questioned what
would be done to mitigate children walking to and from the site along NYS Route 13.
Ms. Coville stated she would discuss pedestrian safety the very first day of the summer
recreation program. She would also contact the Cortlandville Fire Department regarding the
possibility of a volunteer fire policeman to assist pedestrians during the hours of the recreation
program.
RESOLUTION #118 AUTHORIZE SUPERVISOR TO WAIVE THE CONDITIONAL
PERMIT APPLICATION FEE FOR THE CORTLAND
COUNTY YOUTH BUREAU FOR PROPERTY LOCATED
AT 1071 ROUTE 13
Motion by Councilman Testa
Seconded by Councilman Rocco
VOTES: ALL AYE ADOPTED
WHEREAS, Rose Ann Coville, Administrative Aide, requested the Board waive the Conditional
Permit Application fee for the Cortland County Youth Bureau's summer recreation program for
Town of Cortlandville youth, and
WHEREAS, the Board determined the Cortland County Youth Bureau to be a agency that may
be exempt from the Conditional Permit Application fee without setting precedent, therefore
BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to waive
the Conditional Permit Application fee for the Cortland County Youth Bureau for its summer
recreation program, to be held at 1071 Route 13, property owned by Joseph Armideo.
Supervisor Tupper offered privilege of the floor to Theresa Quail.
Theresa Quail apprised the Board some issues arose regarding enforcement of the Noise
Ordinance. Many noise complaints were reported to the Sheriffs Department over Memorial
Day weekend. A break down in communication took place because the dispatcher advised those
who made complaints that the Town did not have a Noise Ordinance. Mrs. Quail contacted
Sheriff Price who in turn directed her to Under Sheriff Marty Coolidge. Under Sheriff Coolidge
assured her the Noise Ordinance was in place, however officer training was necessary before the
decibel meter readers could be used. Since her conversation took place, another loud party
occurred causing Mrs. Quail to contact the Sheriff's Department again.
Supervisor Tupper commented that the Noise Ordinance was adopted and the decibel
meters were purchased. He spoke with the Sheriff's Department regarding Mrs. Quail's concern.
Unfortunately, until the Sheriff is able to train his officers the decibel meter readers could not be
used. He noted that the Sheriff's Department is a separate entity to which the Town does not
have control over.
Attorney Folmer apprised those in attendance that in order to use the decibel meter in
court he would have to prove that the machine was not only an accurate device, but that the
person using the device was adequately trained in using the device. In addition, the Board may
find that they need to amend the Noise Ordinance with regard to the decibel levels.
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JUNE 21, 2006 TOWN BOARD MEETING PAGE 3
Mrs. Quail stated it was "absolutely ridiculous" that she had to contend with noise
coming from a nearby property. She stated she should not have to wait for the Sheriff's
Department to handle to problem, and that Town Officials should be working for the residents to
resolve the problem.
Attorney Folmer stated the Town does not have the authority to issue the complaint. The
Town does care about the problem, however it is not the enforcing agency.
Mrs. Quail questioned whether the Board was outraged that the Sheriff's Department had
the decibel readers since August 2005 and nobody was trained in using them.
Town Clerk Snyder clarified that the Sheriff's Department researched appropriate decibel
meters before the Town purchased them. In April 2006 the recommendation was made, the
decibel meters were ordered, and were delivered in May 2006. The Board was aware that the
decibel meters were not purchased until April.
Councilman Rocco questioned whether the decibel meter readers had documentation
regarding their accuracy.
Attorney Folmer stated that until a court made a ruling accepting the decibel meter as a
scientifically accurate device, it may not be admissible evidence in court regardless of any
documentation provided by the company who supplied the decibel meter reader.
Attorney Folmer apprised the Board and Mrs. Quail that he would contact Sheriff Price
and discuss the issues at hand.
The monthly reports of the Town Justice, Water & Sewer Department, and the SPCA for
the month of May 2006 were on the table for review and are filed in the Town Clerk's office.
Councilman Rocco made a motion, seconded by Councilman O'Donnell, to receive and
file the Cortland County Area Agency on Aging, 2005 Annual Report. All voting aye, the
motion was carried.
Attorney Folmer reported:
Walking Trail Policy:
Attorney Folmer apprised the Board that he and Councilman Proud would draft a policy
that could be used for the establishment of a walking trail.
Code Violation — David Berlew, Retention Basin:
Attorney Folmer apprised the Board the David Berlew litigation is pending before the
court. Mr. Berlew was in the hospital at this time. A copy of the Zoning Ordinance was
requested under discovery by Mr. Berlew's attorney, which would be forwarded once Attorney
Folmer obtained a copy from Town Clerk Snyder.
Code Violation — Pierre Beaudry, Route 11:
Attorney Folmer apprised the Board there was a conference with Justice Castillo
regarding the code violation of Pierre Beaudry on June 12, 2006. Justice Casullo indicated he
would not be forgiving on the matter unless some reasonable justification for the violation was
provided. According to CEO, Bruce Weber, Mr. Beaudry was in the process of cleaning up the
site.
Code Violation — Pool on Lamont Circle:
Attorney Folmer apprised the Board that the code violation for property on Lamont
Circle regarding a pool was resolved.
Code Violation — Joseph Camillo:
With regard to the violation of Joseph Camillo, the accusatory instrument was filed with
CEO, Bruce Weber, who would in turn present it to Judge Castillo. Prosecution would follow.
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JUKE 21, 2006 TOWN OF CORTLANDVILLE PAGE 4
Lot Size:
Attorney Folmer commented that the Board intends to include in the amendment to the
Zoning Ordinance language relating to lot sizes and "bacon strips," meaning the relationship
between the width and depth of a lot. According to CEO Weber, there are new State regulations
in place that must be incorporated in the Zoning Law. Mr. Weber suggested the Board contact
John Helgren at the County Health Department and inquire as to what the required distances are
between the septic tank and the well, and from the septic tank and well to the property line. The
Board could then establish a minimum front width of a lot and include it in the draft of the
Zoning Ordinance.
Conveyance of Deed — NYS Route 215:
Attorney Folmer apprised the Board he spoke with Attorney Armstrong regarding the
purchase of property located on NYS Route 13 from Donald P. Reed. The appropriate
paperwork was being prepared.
Purchase of Vacant Land:
Attorney Folmer was not sure what the status was regarding purchasing a strip of vacant
land. .
Councilman Rocco commented that an appraisal was done on the land. Highway Sup't.
Bush had all the information and would provide it to Attorney Folmer.
Zone Change Request — R.B. Pittsburgh, LLC.:
Attorney Folmer informed the Board that the Planning Board recommended they approve
the zone change request of R.B. Pittsburgh, LLC. Attorney Folmer stated the Board would have
to announce itself as Lead Agency under SEQRA, which would begin the 30-day waiting period.
The Board authorized Attorney Folmer to proceed as required.
Stormwater Management Ordinance:
Attorney Folmer apprised the Board he forwarded the Stormwater Management
Ordinance proposal to the Cortland County Planning Board for review and comments.
Violation of Stephen Flatt — Levydale Park:
Attorney Folmer apprised the Board the accusatory instrument regarding the violation of
Stephen Flatt was prepared and delivered to CEO Weber. Once delivered to Justice Casullo
prosecution would commence.
Violation of Anthony Tinelli — Route 11:
The accusatory instrument regarding the violation of Anthony Tinelli was also prepared
and delivered to CEO Weber. Likewise, prosecution would follow.
Revised Zoning Ordinance:
Attorney Folmer reminded the Board that in the past he suggested they consider whether
or not there should be a provision in the revised Zoning Ordinance allowing the Planning Board
flexibility with regard to lot coverages. Dan Dineen, Chairman of the County Planning Board,
and Walt Kalina from Clough Harbour & Associates, LLP did not agree that such language
should be included, as it would leave room for controversy. Therefore, Attorney Folmer would
not include such provision.
Once a draft of the revised Zoning Ordinance was prepared it could be forwarded to the
Cortland County Planning Board for review and recommendations, and a 30-day Lead Agency
Notice could be sent to the involved agencies and interested parties. The Board would also have
to hold a public hearing and go through the SEQRA process.
Attorney Folmer stated he would inquire what the cost would be to publish the entire text
of the revised Zoning Ordinance in the Cortland Standard. A copy could also be posted on the
Town's website. In addition, the draft would be sent to members of the Town Planning Board
and Zoning Board of Appeals.
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JUNE 21, 2006
TOWN OF CORTLANDVILLE
PAGE 5
Wal-Mart Supercenter PUD:
Attorney Folmer apprised the Board he had not heard from Kelly Pronti, Harter Secrest &
Emery, LLP regarding submission of the Final Environmental Impact Statement (FEIS) for the
Wal-Mart Supercenter PUD.
Councilman Rocco made a motion, seconded by Councilman Proud, to receive and file
comments and recommendations from the Cortland County Planning Department regarding the
request for a Zoning Map Amendment from R.B. Pittsburgh, for property located off NYS Route
13, owned by N.C.W.P. LLC. tax map #95.00-10-11.100. All voting aye, the motion was
carried.
RESOLUTION #119 SCHEDULE PUBLIC HEARING FOR LOCAL LAW OF 2006 -
ZONE CHANGE, SUBMITTED BY R.B. PITTSBURGH FOR
PROPERTY OWNED BY N.C.W.P., LLC. FOR JULY 19, 2006
Motion by Councilman Rocco
Seconded by Councilman Proud
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, a Public Hearing shall be scheduled for July 19, 2006 at 5:00 p.m. for Local
Law of 2006 — Zone Change, submitted by R.B. Pittsburgh for property located on the west side
of NYS Route 13, approximately 1/2 mile south of Lime Hollow Road, owned by N.C.W.P.,
LLC., tax map #95.00-10-11.100.
Councilman Rocco made a motion, seconded by Councilman Proud, to receive and file
correspondence from CAPE Executive Board Members, dated June 13,,, 2006, regarding the
revised Zoning Ordinance. All voting aye, the motion was carried.
Councilman Rocco made a motion, seconded by Councilman O'Donnell, to receive and
file correspondence from James Trasher, Clough Harbour & Associates, LLP to Arnie Caddick,
Procon Contracting, LLC, dated June 15, 2006, requesting an extension to deliver the Notice of
Award until June 30, 2006. All voting aye, the motion was carried.
RESOLUTION #120 AUTHORIZE EXTENSION TO DELIVER NOTICE OF
AWARD FOR PHASE II OF THE CORTLANDVILLE STARR
ROAD PARK & RECREATION CENTER TO PROCON
CONTRACTING, LLC. UNTIL JUNE 30, 2006
Motion by Councilman Rocco
Seconded by Councilman O'Donnell
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize and direct the, Supervisor authorize
an extension of time to deliver Notice of Award for Phase II of the Cortlandville Starr Road Park
& Recreation Center to Procon Contracting, LLC. until June 30, 2006.
No further comments or discussion were heard.
Councilman Testa made a motion, seconded by Councilman O'Donnell to recess the
Regular Meeting to an Executive Session to discuss a personnel matter. All voting aye, the
motion was carried.
The meeting was recessed at 5:55p.m.
The following information was received from the Supervisor's office.
JUKE 21, 2006 TOWN OF CORTLANDVILLE PAGE 6
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Councilman Testa 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.
No action was taken.
Councilman Testa made a motion, seconded by Councilman Rocco, to adjourn the
Regular Meeting. All voting aye, the motion was carried.
The meeting was adjourned at 6:30 p.m.
Respectfully submitted,
Karen Q. Snyder, RMC
Town Clerk
Town of Cortlandville