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