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HomeMy WebLinkAbout07-19-2006JULY 19, 2006 • CI 1(7 1 1 1 PUBLIC HEARING NO. 1 AQUIFER PROTECTION PERMIT COMPAGNI LAND DEVELOPMENT, LLC., APPLICANT BESTWAY ENTERPRISES, INC., RO LUKER ROAD TAX MAP #95.08-01-16.000 A Public Hearing was held by the Town Board of the Town of Cortlandville at the Raymond G. Thorpe Municipal Building, 3577 Terrace Road, Cortland, New York, concerning an Aquifer Protection Permit application submitted by Compagni Land Development, LLC. permitting the construction of a 4,800 +/- sq. ft. building for use as a commercial retail parts supplier. The property is located on the northwest side of Luker Road, approximately 2/3 mile southwest of NYS Route 281/Luker Road intersection, in the Town of Cortlandville, tax map #95.08-01-16.000. 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; Water & Sewer Sup't., Peter Alteri; Planning Board member, Nick Renzi; David Yaman; Eric Mulvihill from WXHC; Representative of C.A.P.E.: Robert and Norma Rhodes; and Sharon Stevans for Channel 2, Access TV. Supervisor Tupper called the Public Hearing to order. Town Clerk, Karen Q. Snyder read aloud the legal notice as published, posted and filed. Supervisor Tupper offered privilege of the floor to those in attendance. No comments or discussions were heard. Councilman Proud made a motion, seconded by Councilman O'Donnell, to close the Public Hearing. All voting aye, the motion was carried. The Public Hearing was closed at 9:05 a.m. JULY 19, 2006 9:05 A.M. PUBLIC HEARING NO. 2 LOCAL LAW OF 2006 R.B. PITTSBURGH, APPLICANT N.C.W.P., LLC., RO . NYS ROUTE 13 TAX MAP #95.00-10-11.100 A Public Hearing was held by the Town Board of the Town of Cortlandville at the Raymond G. Thorpe Municipal Building, 3577 Terrace Road, Cortland, New York, regarding the adoption of a Local Law for the year 2006 which would amend the Zoning Law of the Town of Cortlandville. The application is by R.B. Pittsburgh to re-classify and re -designate a parcel owned by N.C.W.P., LLC., consisting of 26.04+/- acres of land located on the west side of NYS Route 13, approximately 1/2 mile south of Lime Hollow Road, in the Town of Cortlandville, tax map #95.00-10-11.100. 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; Water & Sewer Sup't., Peter Alteri; Planning Board member, Nick Renzi; David Yaman; Eric Mulvihill from WXHC• Representative of C.A.P.E.: Robert and Norma Rhodes: and Sharon Stevans for Channel 2, Access TV. Supervisor Tupper called the Public Hearing to order. Town Clerk, Karen Q. Snyder read aloud the legal notice as published, posted and filed. Supervisor Tupper apprised those in attendance that the applicant requested the Board adjourn the Public Hearing until October 18, 2006 at 5:00 p.m. Councilman Rocco made a motion, seconded by Councilman Proud, to adjourn the Public Hearing until October 18, 2006 at 5:00 p.m. at the applicant's request. All voting aye, the motion was carried. The Public Hearing was adjourned at 9:08 a.m. 1 1 1 JULY 19; 2006 9:08 A.M. 1(051 E 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; Water & Sewer Sup't., Peter Alteri; Planning Board member, Nick Renzi; David Yaman; Eric Mulvihill from WXHC; Representative of C.A.P.E.: Robert and Norma Rhodes; and Sharon Stevans for Channel 2, Access TV. Supervisor Tupper called the meeting to order. Councilman Proud made a motion, seconded by Councilman Rocco, to receive and file the Planning Board Minutes of April 25, 2006. All voting aye, the motion was carried. Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and file the Zoning Board of Appeals Minutes of April 25, 2006. All voting aye, the motion was carried. RESOLUTION #133 AUTHORIZE PAYMENT OF VOUCHERS — JULY Motion by Councilman Proud . 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 #335 - 356 $ 76,254.80 General Fund B B77 - B79 $ 1,053.12 Highway Fund DB D281 - D316 $ 52,692.17 Water Fund W131 - W144 $ 13,403.73 Sewer Fund S61 - S66 $ 2,517.52 Trust & Agency T7 - T7 $ 28,698.01 Special Grant , SG6 - SG6 $ 5,064.16 Supervisor Tupper offered privilege of the floor to those in attendance. Robert Rhodes, representing C.A.P.E., questioned the status of the submission of the Wal-Mart Supercenter FEIS. Attorney Folmer apprised Mr. Rhodes he spoke with Attorney Pronti representing Wal- Mart, who indicated she hoped to forward the FEIS to Clough Harbour & Associates by July 18, 2006. Attorney Folmer had not heard whether or not CHA was in receipt of the FEIS. Mr. Rhodes questioned whether an electronic copy of the FEIS would be available, and if so could a copy be made available for C.A.P.E. Attorney Folmer had not requested an electronic copy because he was waiting for CHA to advise him that the FEIS was in acceptable form. When notified that the FEIS was acceptable, he would request an electronic copy. It was Attorney Folmer's understanding that when the FEIS is reviewed by CHA it is considered intra-communication and not subject to FOIL at that point. As soon as the FEIS becomes available and the Town has a copy in final form, a copy would be made available to C.A.P.E. No further comments or discussion were heard. 170 JULY 19, 2006 TOWN BOARD MEETING PAGE 2 Supervisor Tupper requested the Board reschedule the Regular Town Board Meeting on August 16, 2006 from 5:00 p.m. to 9:00 a.m. due to scheduling conflicts between several Members of the Board. RESOLUTION #134 RESCHEDULE THE REGULAR TOWN BOARD MEETING OF AUGUST 16, 2006 FROM 5:00 P.M. TO 9:60 A.M. Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby reschedule the RegularTown Board Meeting of August 16, 2006 from 5:00 p.m. to 9:00 a.m. due to scheduling conflicts between several Members of the Board. The monthly' reports of the Town Clerk, Water & Sewer Department, and the Town Justice for the month of June 2006 were on the table for review and are filed in the Town Clerk's office. RESOLUTION #135 ACKNOWLEDGE PROCEDURES AND FINDINGS REPORT FROM PORT, KASHDIN & MCSHERRY FOR THE PERIOD ENDING DECEMBER 31, 2005 FOR THE TOWN OF CORTLANDVILLE COURT Motion by Councilman Rocco Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED, the procedures and findings report from Port, Kashdin & McSherry for the period ending December 31, 2005 for the Town of Cortlandville Court is hereby acknowledged and shall be received'and filed. Supervisor Tupper commended Town Justice Casullo for such a clean report for the Town Court. There was discussion regarding correspondence sent to the Board from Town Engineer, Hayne Smith. According to Mr. Smith's letter, retirement was in his future. While he provided a list of pending projects, Councilman Proud suggested Mr. Smith include a prioritization of the projects as well as. a time frame for each project. Councilman Proud would discuss the issue with Mr. Smith and report back to the Board. The Board conducted the SEQR Short Environmental Assessment Form for the Aquifer Protection Permit submitted by Compagni Land Development, LLC. for property located on Luker Road, owned by Bestway Enterprises Inc. RESOLUTION #136 DECLARE NEGATIVE IMPACT FOR AQUIFER PROTECTION PERMIT #3 OF 2006, SUBMITTED BY COMPAGNI LAND DEVELOPMENT, LLC. FOR PROPERTY LOCATED ON LUKER ROAD OWNED BY BESTWAY ENTERPRISES, INC. Motion by Councilman Rocco Seconded by Councilman Testa VOTES: ALL AYE ADOPTED WHEREAS, an Aquifer Protection Permit application was submitted by Compagni Land Development, LLC. for property owned by Bestway Enterprises, Inc., located on the northwest side of Luker Road, approximately 2/3 mile southwest of NYS Route 281/Luker Road intersection, 1 1 1 JULY 19, 2006 TOWN BOARD MEETING PAGE 3 permitting the construction of a 4,800 +/- sq. ft. building for use as a commercial retail parts supplier, tax map #95.08-01-16.000, and WHEREAS, the Town Board as Lead Agent, duly reviewed and completed the Short Environmental Assessment Form, therefore BE IT RESOLVED, the Town Board as Lead Agent, does hereby declare the proposed project of Compagni Land Development, LLC., Aquifer Protection Permit #3 of 2006, shall have no significant environmental impact. RESOLUTION #137 AUTHORIZE SUPERVISOR TO SIGN SEQRA APPLICATION OF AQUIFER PROTECTION PERMIT #3 OF 2006 Motion by Councilman Rocco Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Supervisor is hereby authorized and directed to sign the SEQRA application relating to Aquifer Protection Permit #3 of 2006, submitted by Compagni Land Development, LLC., for property owned by Bestway Enterprises, Inc. RESOLUTION 4138 APPROVE AQUIFER PROTECTION PERMIT 43 OF 2006 SUBMITTED BY COMPAGNI LAND DEVELOPMENT, LLC. FOR PROPERTY LOCATED ON LUKER ROAD OWNED BY BESTWAY ENTERPRISES, INC. SUBJECT TO CONDITIONS Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE ADOPTED WHEREAS, the Cortland County Planning Department and the Town Planning Board have reviewed and recommended approval of this Aquifer Protection Permit application, and WHEREAS, a Public Hearing was duly held by this Town Board, therefore BE IT RESOLVED, the Town Board does hereby approve Aquifer Protection Permit #3 of 2006, submitted by Compagni Land Development, LLC. for property owned by Bestway Enterprises, Inc., located on the northwest side of Luker Road, approximately 2/3 mile southwest of NYS Route 281/Luker Road intersection, permitting the construction of a 4,800 +/- sq. ft. building for use as a commercial retail parts supplier, tax map #95.08-01-16.000, subject to the following conditions: The applicant submitting driveway/culvert details to and receiving approval of the Town Highway Superintendent for the proposed driveway entrance onto Luker Road. 2. The applicant receiving Town approval of the stormwater pollution prevention plan for the site. 3. Cortland County Health Department approval of the proposed well for the site. 4. Cortland County Health Department approval of the connection to the sanitary sewer system. 5. A negative declaration of environmental impact under SEQR. AND IT IS FURTHER RESOLVED, the Supervisor is hereby authorized to sign the permit. -1 � JULY 19, 2006 TOWN BOARD MEETING PAGE 4 RESOLUTION #139 ACKNOWLEDGE RECEIVING "ORDER OF SETTLEMENT" AND "STIPULATION OF SETTLEMENT" REGARDING ASSESSMENT CERTIORARI ACTION OF ERIC BARDEN Motion by Councilman Rocco Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby acknowledge, by receiving and filing, the "Order of Settlement" and "Stipulation of Settlement" for the Assessment Certiorari action of Eric Barden settling the real property assessment for the tax years of 2005 and 2006 for property located at 1096 Madden Lane, tax map #76.00-02-22.000. RESOLUTION 4140 ACKNOWLEDGE RECEIVING NOTICE OF PETITION FOR REVIEW OF ASSESSMENTS Motion by Councilman Rocco Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby acknowledge, by receiving and filing, the Notice of Petitions, regarding their current assessments, from the following property owners: Carrols Corporation #326 1096 NYS Route 222 tax map #86.13-01-57.100 K-Mart Corporation 47134 NYS Route 13 tax map #95.20-01-03.111 Attorney Folmer reported: Code Violation — David Berlew, Retention Basin: In regard to the code violation of David Berlew, for property located off of NYS Route 281, Attorney Folmer apprised the Board that Mr. Berlew passed away. The Town would have to deal with the Estate Representative in order to proceed with the matter. Code Violation — Pierre Beaudry, Route 11: Attorney Folmer apprised the Board the code violation of Pierre Beaudry for property located on Route 11 would be concluded soon, and commented that the property looks great. Code Violation — Anthony Tinelli — Route 11: Attorney Folmer apprised the Board that Mr. Tinelli retained an attorney from Syracuse regarding the code violation for his property located on Route 11. Mr. Tinelli's attorney was granted an adjournment from Justice Casullo. Attorney Folmer reminded the Board that that Mr. Tinelli may have been limited in his ability to take care of the property because for the past couple of years the matter has been in the hands of a trustee in bankruptcy. Code Violation — Becker: Attorney Folmer apprised the Board a complaint was made regarding the use of a trailer on property owned by Becker. Attorney Folmer believed the trailer had been removed from the property, however he was waiting for Chairman Plew of the Zoning Board of Appeals to confirm that the trailer was in fact removed. Code Violation — Stephen Flatt — Levydale Park: Attorney Folmer apprised the Board he would be proceeding soon with the code violation of Stephen Flatt for property located on Levydale Park. 1-73 JULY 19, 2006 TOWN BOARD MEETING PAGE 5 Noise Ordinance Complaints: Attorney Folmer reminded the Board the Sheriff's Department received two noise complaints from the same individual over the fourth of July weekend. Officers were sent to the scene and found no violation taking place when they arrived. Attorney Folmer explained that because the violation of the noise ordinance is only a violation, the officer may not make an arrest unless the violation occurs in the officer's presence. If a violation is not occurring when the police arrive, the individual who made the complaint must sign an accusatory instrument to start prosecution. The person who called in the noise complaint over the July 41h weekend refused to sign the complaint. The Sheriff s Department has been instructed to make a report of each and every call and response they get relating to the Noise Ordinance. Councilman Rocco questioned whether the individual making the noise complaint was concerned with retribution. Attorney Folmer did not feel that retribution had anything to do with signing the complaint. Councilman Proud commented that before the Noise Ordinance was passed they expected there would be difficult issues involved in its implementation as noise bothers people in different degrees. He stated a noise complaint would have to be signed in most situations because the decibel meter would only work if there is an ongoing noise violation when the sheriff arrives. Attorney Folmer stated he anticipated there would be difficulty in enforcing the ordinance in terms of it being successfully prosecuted. He did not anticipate that the people who were adamant in having the ordinance adopted would not follow through when asked to put it into effect. Revisions to Stormwater Management Plan and Planned Unit Development Ordinances: Attorney Folmer apprised the Board he submitted both the revised Stormwater Management Plan and Planned Unit Development to the County Planning Board as required. The County reviewed the proposals and recommended approval of both. The County recommended approval of the Stormwater Management Plan with two recommendations: 1.) that the definition section for the stormwater ordinance be included in the zoning law but be incorporated in the definition section of the entire zoning law; 2.) a negative declaration of environmental impact under SEQR. With regard to the PUD Ordinance, the County recommended the Town consider adding language to the proposed PUD regulations to incorporate a time limit on the completion of the final stage of a PUD development, as well as a negative declaration of environmental impact under SEQR. Revised Zoning Ordinance: Attorney Folmer apprised the Board the revised Zoning Ordinance would be submitted to the County Planning Board for review and recommendations and filed with the Town Clerk. Attorney Folmer requested Town Clerk Snyder provide a copy of the revised Zoning Ordinance to the Town Board, Planning Board, Zoning Board of Appeals, and C.A.P.E. Tax Certiorari Proceedings: Attorney Folmer apprised the Board the two tax certiorari proceedings filed against the Town by K-Mart Corporation and Carrols Corporation would go before the Judge on the 24"' of September. He reminded the Board they made an informal agreement with the County to notify them of the tax certiorari claims to determine whether they would like to participate in the defense of the claims because the County could be affected by the result of the matters. Acquisition of Land: Councilman Rocco questioned the status of purchasing vacant land on Cedar Crest Drive from John Murdock. Attorney Folmer apprised the Board he received a fax from Attorney Pomeroy regarding the Town's intent for the property. Mr. Murdock wanted clarification as to whether the Town wanted an easement for the property for utilities, or wanted to purchase the vacant land. Mr. Murdock wanted to ensure that the Town's plans for the parcel would not affect the sale of the adjoining property. JULY 19, 2006 TOWN BOARD MEETING PAGE 6 There was discussion regarding the request submitted by Code Enforcement Officer, Bruce Weber to be reimbursed for his unused vacation time. Councilman O'Donnell felt that CEO Weber was entitled to payment since he had not utilized his vacation days, and because retirement was in his future. Councilman Rocco stated that CEO Weber is in a different situation than other Town employees as he is a "one man show and if he is not around then nothing gets done..." In general, he stated the Board should encourage other Town employees to take their vacation time for their health and well-being. He questioned how granting CEO Weber's request would impact the Board's decision when other employees request payment for their unused vacation days. Supervisor Tupper stated it could be a problem if it became a precedent to be reimbursed for vacation days because it would offset the budget. Department Heads would have to put additional funds in the budget to cover such requests. Councilman Testa recalled that the Board approved CEO Weber's request in 2005 as a "one time deal" and felt that other Town employees would make similar requests. Councilman Proud agreed with Councilman Rocco that there is a difference between CEO Weber and other Town employees because Mr. Weber is a "one-man show" and in a "critical position." He noted that while others may go on vacation or sick leave and allow work to accumulate, construction will continue, inspections must get done, and building permits must be issued. He suggested hiring a building inspector on a per diem basis to allow CEO Weber to take a vacation. Councilman Proud also questioned how the money was in the 2006 budget to pay for the unused vacation days as indicated by CEO Weber in his request. Supervisor Tupper commented that the money would come from the account for part- time labor. Councilman Proud questioned whether the money was included in the budget for this very purpose, and whether it was a conflict of interest for CEO Weber to do so. While he understood the reason CEO Weber wanted to be paid for unused vacation days, he mentioned that the Town could see a small increase in the amount they have to contribute to the State Retirement System. Councilman Testa suggested the Board look in the Town Board Minutes from 2005 to see whether or not CEO Weber's last request was approved as a one-time deal. Attorney Folmer suggested the Board table a decision on the matter until the next meeting and conduct an executive session to discuss the personnel issues involved. Before the Board grants or denies the request he suggested a policy or theory be in place that the Board could implement regarding the matter. Attorney Folmer went on to state there are many positions within the Town that can be covered by other employees when vacations and sick leave occur. However, CEO Weber's position is not included. He suggested the Board discuss finding a replacement for CEO Weber for when he retires, as well as someone to cover his position to allow him to take a vacation. Planning Board Member, Nick Renzi suggested the Board develop a relationship with another Town CEO, such as the CEO of Dryden. Mr. Renzi recalled the approval of CEO Weber's request in 2005 as a "one-time deal" however the language was never corrected in the personnel policy. Supervisor Tupper agreed and stated the language should be corrected. RESOLUTION #141 TABLE REQUEST OF CEO BRUCE WEBER TO BE PAID FOR ACCRUED UNUSED VACATION DAYS Motion by Councilman Proud Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Board does hereby table the request of CEO, Bruce Weber to be paid for accrued unused vacation days until their Town Board Meeting on August 2, 2006. Councilman Proud made a motion, seconded by Councilman .Testa, to receive and file correspondence from Water & Sewer Sup't., Peter Alteri, Jr. to David Lavender from Kinsley Power Systems, dated July 10, 2006, regarding the bid for the Trailer Mounted Engine Driven Generator Set. All voting aye, the motion was carried. JULY 19, 2006 TOWN BOARD MEETING PAGE 7 There was discussion regarding the NYS Route 281/NYS Route 13 project. Supervisor Tupper apprised the Board the Town Clerk had the report and maps on file in her office. The Board discussed the project and the way it would impact the community such as the increase in the number of traffic lanes, and the loss of several businesses in the Town due to the road widening. During the public comment period the DOT heard concerns and complaints mostly from City of Cortland residents along Route 281 as well as from the Cortland Country Club. As a result the DOT minimized the number of lanes from five to three. Councilman Proud noted that while the DOT is not going to change the speed limit along NYS Route 281/NYS Route 13, the design criteria of the new highway is for a higher speed limit. Supervisor Tupper commented that Phase I of the project was design approved, funding approved, and environmentally approved to begin road construction near Lime Hollow Road and NYS Route 13. The DOT would also try to comply with the Town's Aquifer Protection Plan. Supervisor Tupper apprised the Board the DOT turned down the Town's request to begin the project near I-81 to help alleviate the drainage problems near Bell Drive. He met with Gene Cilento from the NYS DOT to discuss the project and asked that he help push Phase II of the project along. Mr. Cilento explained that it takes years of processing and planning to devise such a project and would not be changed. However, he gave Supervisor Tupper the individual's name who controls the funding of highways for all of New York. Supervisor Tupper wrote letters to the NYS DOT, Congressman Boehlert, Senator Seward, and Assemblywoman Lifton to help push Phase II along. Councilman Rocco made a motion, seconded by Councilman Testa, to receive and file the NYS Route 281/NYS Route 13 Design Approval and Final Design Report/Environmental Assessment, dated July 7, 2006 from the New York State Department of Transportation. All voting aye, the motion was carried. Councilman Proud made a motion, seconded by Councilman Rocco, to receive and file Cortland County Planning Board Resolution 06-36, dated July 12, 2006, regarding the Zoning Text Amendment for Stormwater Management. All voting aye, the motion was carried. Councilman Proud made a motion, seconded by Councilman O'Donnell, to receive and file the recommendation from the Cortland County Planning Department, dated July 7, 2006, regarding the Zoning Text Amendment for Stormwater Management. All voting aye, the motion was carried. Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and file Cortland County Planning Board Resolution 06-37, dated July 12, 2006, regarding the Zoning Text Amendment for Planned Unit Developments. All voting aye, the motion was carried. Councilman Proud made a motion, seconded by Councilman Rocco, to receive and file the recommendation from the Cortland County Planning Department dated July 7, 2006, regarding the Zoning Text Amendment for Planned Unit Developments. Councilman Rocco made a motion, seconded by Councilman O'Donnell, to receive and file correspondence from Supervisor Tupper to Mark Frechette, Director of Planning & Program Development, New York State Department of Transportation, dated July 14, 2006, regarding NYS Route 281/NYS Route 13 Road Widening Project. All voting aye, the motion was carried. Attorney Folmer clarified that the revised Zoning Ordinance was not yet filed with the Town Clerk. He mentioned that the Bulk Regulation table must be included in the revised Zoning Ordinance, and once it was he would file it with the Town Clerk. Councilman Proud apprised the Board that he and Attorney Folmer devised a policy regarding walking trails as discussed at past meetings. He read aloud the policy to the Board highlighting the following items: the Town shall make its public property available for walking trails; the Planning Board should consider adding walking trails between current and future subdivisions without the necessity of using heavily used public roadways. 176 JULY 19, 2006 TOWN BOARD MEETING PAGE 8 RESOLUTION #142 ADOPT WALKING TRAIL POLICY FOR THE TOWN OF CORTLANDVILLE Motion by Councilman Rocco Seconded by Councilman Testa VOTES: ALL AYE ADOPTED WHEREAS, the Town Board of the Town of Cortlandville recognizes walking as the number one method of human transport as well as the psychological and physical health benefits of walking for recreation, and WHEREAS, the Town Board considers walking trails to be recreational areas as included in Section 140-6(f)(3) of the Town Zoning Code, and WHEREAS, the Town Board wishes to encourage walking and to assist in providing safe, accessible areas for the use of the walking public, therefore BE IT RESOLVED, that the Town board adopts the following as policy concerning walking trails within the Town of Cortlandville and adopts the following steps to begin implementation of such policy: 1) The Town shall make its public property available for walking trails. 2) Such property shall be utilized by the walking public at its own risk, the Town assuming no responsibility for the maintenance of such areas. 3) The Town Board directs the Planning Board to consider and, wherever feasible and appropriate, require walking areas either within, and between, current and future subdivisions or as a part of site plan reviews to the end that the walking public will have safe facilities to utilize without the necessity of entering on heavily used public roadways. The Board requested the policy be communicated to the Planning Board, Zoning Board of Appeals, and to CEO Weber. No further comments or discussion were heard. 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 10:05 a.m. Respectfully submitted, Karen Q. Snyder, RMC Town Clerk Town of Cortlandville 1