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SEPTEMBER 06, 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 Raymond G. Thorpe Municipal Building, 3577 Terrace Road, Cortland, New York,
with Deputy Supervisor Testa presiding.
Members present: Deputy Supervisor, Theodore V. Testa
Councilman, Edwin O'Donnell
Councilman, Ronal L. Rocco
Councilman, John C. Proud
Town Clerk, Karen Q. Snyder
Absent:
Supervisor, Richard C. Tupper
Others present were: Town Attorney, John Folmer; Highway Sup't. Carl Bush; Water &
Sewer Sup't., Peter Alteri; Planning Board member, Nick Renzi; Kay Zaharis, Director of the
Cortland Free Library; Patti Riotto; Tim and Connie Neff, Matt Pennello; Joe Kuck; Fred Little;
Representative of C.A.P.E.: Grace Meddaugh; News Reporter, Evan Geibel from the Cortland
Standard.
Deputy Supervisor Testa called the meeting to order.
RESOLUTION #159 AUTHORIZE PAYMENT OF VOUCHERS — SEPTEMBER
Motion by Councilman O'Donnell
Seconded by Councilman Proud
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the vouchers submitted have been audited and shall be paid as follows:
General Fund A
Vouchers #404 - 432
$
85,568.87
General Fund B
B95 - B98
$
20,994.97
Highway Fund DB
D373 - D391
$177,144.25
Water Fund
W164 - W172
$
10,711.24
Sewer Fund
S80 - S85
$
20,260.42
Trust & Agency
T8 - T8
$
28,698.01
Capital Projects
H10 - H12
$
4,017.50
Deputy Supervisor Testa offered privilege of the floor to those in attendance.
Councilman Rocco commented on the newspaper article regarding the revised Zoning
Law and the Planning Board looking to add a special entertainment zone to Luker Road as well
as other industrial zones. He personally did not like the thought of allowing adult entertainment
on Luker Road and thought it was important to discuss the possibility with the business owners,
land owners, and homeowners on Luker Road, to which he did not get a positive response. He
explained that Luker Road is a Business Zone/Industrial Zone with a church and several housing
developments close by. He stated it is an expanding area with several new businesses on top of
the many that are there. Councilman Rocco stated he would not support such an establishment
on Luker Road. If the Town had to maintain an area for an adult entertainment business, he
wanted to make sure it was established elsewhere.
Deputy Supervisor Testa asked Attorney Folmer to explain the intent.
Attorney Folmer stated the Town has an ordinance in place that deals with the location of
adult entertainment facilities. The ordinance provides the following: adult entertainment
facilities may not be located within R-1, R-2, R-3 or Agricultural Zones; may not be located
within a multi -use commercial structure or within 2000 ft. of any residential or agricultural
zoning district; may not be located within 2000 ft. of any property including the exterior lot of a
day care structure, a structure with a tax-exempt status such as a church, park, gymnastic center,
library, or museum. In addition, before such an enterprise can be located anywhere, it must be
done after a conditional permit is issued by the appropriate board. Also, no conditional permit
may be issued unless the factors that are set out in an ordinary conditional permit application
process are approved and reviewed by the Planning Board.
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SEPTEMBER 06, 2006 TOWN BOARD MEETING PAGE 2
The existing ordinance is designed to not permit such a facility to be located in an area
where it would be close to residences or to business areas. Attorney Folmer stated he would be
uncomfortable with a provision that says you shall not locate such a facility on Luker Road.
Further, the chances of the Planning Board permitting an institution to be located in an
inappropriate place would be highly unlikely.
Councilman Rocco was under the assumption that the Planning Board wanted to make a
specific area for adult entertainment within a subset of an industrial zone.
Attorney Folmer stated there was no provision in the proposed revised Zoning Ordinance
that says you may locate an adult entertainment establishment in an I-2 zone, other than to say
that's the zone it could go in as long as all the other requirements were satisfied.
Councilman Rocco questioned whether Luker Road would be the only 1-2 Zone.
Attorney Folmer stated there were other proposed 1-2 Zones.
Patti Riotto, 548 McLean Road, questioned what the difference between the 1-2 and I-1
Zones were.
Planning Board Member, Nick Renzi apprised Mrs. Riotto that 1-1 was light industrial
and 1-2 was heavy industrial.
Deputy Supervisor Testa apprised the Board he spoke with James Trasher, PE, Clough
Harbour & Associates LLP., and discussed the Bell Drive/Cortland Country Club drainage
problems. If the Town does not begin to address the problems this year, it would be another year
before work could begin. Highway Sup't. Bush felt that the Highway Department could do some
work on the project as well. Due to the recent communication from the NYS DOT in which they
stated that the drainage problems were the Town's responsibility, Deputy Supervisor Testa urged
the Board to consider taking steps to resolve the problem as soon as possible. He felt that the
residents in the Bell Drive area have been patient for long enough.
Planning Board Member, Nick Renzi questioned whether the Town decided on a course
of action, and whether the Town had approval from the NYS DOT to install new piping.
Deputy Supervisor Testa apprised Mr. Renzi that Clough Harbour & Associates LLP.
conducted a study about a year ago regarding the drainage problems and offered three solutions.
The best option appeared to be to Option #3 which would entail drainage work behind Bell
Drive, on the Country Club's I Ith fairway. The Town did not have approval from the DOT to
replace piping, however he stated meetings would have to be conducted between the Town, the
NYS DOT, Highway Sup't. Bush, and Clough Harbour & Associates LLP.
Monthly reports from the Town Clerk and Water and Sewer Department for the month of
August 2006, from the Town Justice for the month of July 2006, and from the SPCA for the
months of June 2006, were on the table for review and are filed in the Town Clerk's office.
An unknown woman in attendance questioned whether progress was made regarding the
Smith Brook Bridge in the Village of McGraw.
Highway Sup't. Bush reported that he met with the gas company regarding the bridge.
Before the bridge could be demolished the gas company would have to move the gas line away
from the bridge.
Attorney Folmer reported:
Revisions to Zoning Law, PUD, and Stormwater Management Ordinance:
Attorney Folmer commented that the thirty -day period for various involved and
interested agencies to indicate that they would like to be lead agency with regard to SEQR for
the revisions to the Zoning Law, Planned Unit Development Ordinance, and Stormwater
Management Ordinance, would expire September 15, 2006. At this point no agencies objected
to the Town acting as lead agency.
Attorney Folmer suggested the Board conduct public hearings for the PUD and
Stormwater Management Ordinance on the same evening, and schedule the public hearing for
the revised Zoning Ordinance for a separate date.
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SEPTEMBER 06, 2006 TOWN BOARD MEETING PAGE 3
Contracts for Expansion & Renovation to Raymond G. Thorpe Municipal Building:
Attorney Folmer apprised the Board he was in receipt of the contracts for the Expansion
and Renovation of the Raymond G. Thorpe Municipal Building. Attorney Folmer requested the
Board authorize Supervisor Tupper to execute the documents after they reviewed the contracts
together.
Councilman Proud made a motion, seconded by Councilman O'Donnell, to receive and
file correspondence from Kenneth J. Flood, Director, Governor's Office for Small Cities, dated
August 9, 2006, regarding the Certification of Completion for the Country Inn & Suites Grant.
All voting aye, the motion was carried.
Councilman O'Donnell made a motion, seconded by Councilman Rocco, to receive and
file the following correspondence regarding the Town's request to be Lead Agency for SEQR for
the Revised Zoning Law, Revised Planned Unit Development Ordinance, and the Revised
Stormwater Management and Erosion and Sediment Control Ordinance. All voting aye, the
motion was carried.
a) John Helgren, PE, Cortland County Health Department, dated August 21, 2006
b) Amanda Barber, District Manager, Cortland County Soil & Water Conservation
District, dated August 22, 2006
c) Janis Gross, Associate Transportation Analyst, NYS DOT, dated August 24, 2006
d) Katherine Wickwire, Chairperson, Town of Cortlandville Planning Board, dated
August 31, 2006
e) Highway Sup't. Carl Bush, Sr., Town of Cortlandville
Councilman O'Donnell made a motion, seconded by Councilman Proud, to receive and
file Cortland County Planning Board Resolution #06-40, dated August 16, 2006, from the
Cortland County Planning Board, as well as correspondence dated August 11, 2006 from the
Cortland County Planning Department regarding the Zoning Text and Map Amendment to the
Town Zoning Ordinance. All voting aye, the motion was carried.
Councilman O'Donnell made a motion, seconded by Councilman Proud, to receive and
file Cortland County Planning Board Resolution #06-41, dated August 16, 2006, as well as
correspondence dated August 11, 2006 from the Cortland County Planning Department
regarding the Aquifer Protection Permit application submitted by Whelan & Curry Construction
Services, Inc. for property owned by Prop Inc., located off of Luker Road, tax map #86.17-01-
01.000. All voting aye, the motion was carried.
RESOLUTION #160 SCHEDULE PUBLIC HEARING FOR AQUIFER
PROTECTION PERMIT APPLICATION SUBMITTED BY
WHELAN & CURRY CONSTRUCTION SERVICES INC. ON
BEHALF OF PROP. INC. FOR SEPTEMBER 20, 2006
Motion by Councilman O'Donnell
Seconded by Councilman Proud
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, a Public Hearing shall be scheduled for September 20, 2006 at 5:00 p.m. for
an Aquifer Protection Permit application submitted by Whelan & Curry Construction Services
Inc. on behalf of Prop Inc. for property located on north side of Luker Road, tax map parcel
#86.17-01-01.000.
Councilman O'Donnell made a motion, seconded by Councilman Rocco, to receive and
file Cortland County Planning Board Resolution #06-42, dated August 16, 2006, as well as
correspondence dated August 11, 2006 from the Cortland County Planning Board regarding the
Aquifer Protection Permit application submitted by Gerry Ruggiero for property located off of
McLean Road, tax map 496.09-01-25.100 and 496.09-01-25.200. All voting aye, the motion was
carried.
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SEPTEMBER 06, 2006 TOWN BOARD MEETING PAGE 4
No public hearing could be scheduled at this time regarding Mr. Ruggiero's application
because the Planning Board had not yet conducted their public hearing, which was scheduled for
September 26, 2006.
Councilman Proud made a motion, seconded by Councilman Rocco, to receive and file
correspondence from Janet Holmgren, Riehlman Shafer & Shafer Attorneys at Law, regarding
the Aquifer Protection Permit application submitted by Gerry Ruggiero, for property located off
of McLean Road, tax map #96.09-01-25.100 and #96.09-01-25.200. All voting aye, the motion
was carried.
RESOLUTION #161 REFER AQUIFER PROTECTION PERMIT APPLICATION
SUBMITTED BY DAVID LAW FOR PROPERTY LOCATED
OFF US ROUTE 11 TO THE TOWN AND COUNTY
PLANNING BOARDS FOR REVIEW AND
RECOMMENDATIONS
Motion by Councilman Rocco
Seconded by Councilman O'Donnell
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Aquifer Protection Permit application submitted by David Law for
property located off of US Route 11, tax map #87.00-04-04.000, shall be referred to the Town
and County Planning Boards for their review and recommendations.
Deputy Supervisor Testa offered privilege of the floor to Kay Zaharis.
Kay Zaharis, Director of the Cortland Free Library, announced that the Library is finally
automated. The project was accomplished due to the help of over 100 volunteers and funding
from the State. To celebrate the accomplishment an open house would be held Saturday,
September 16, 2006 from 1-4 p.m. Ms. Zaharis invited members of the Board and the public to
attend. Assemblywoman Barbara Lifton would attend the open house as well.
RESOLUTION #162 AUTHORIZE SUPERVISOR TO SIGN CONTRACTS FOR THE
EXPANSION AND RENOVATIONS TO THE RAYMOND G.
THORPE MUNICIPAL BUILDING
Motion by Councilman Rocco
Seconded by Councilman Proud
VOTES: ALL AYE ADOPTED
BE IT RESVOLED, the Town Board does hereby authorize and direct the Supervisor to sign the
contracts in relation to the Expansion and Renovation of the Raymond G. Thorpe Municipal
Building, and it is further
RESOLVED, that execution of the contracts is subject to Town Attorney and Supervisor review.
There was discussion regarding correspondence from Water & Sewer Sup't. Peter Alteri
Jr. regarding the water line on Commons Avenue. Water & Sewer Sup't. Alteri explained that a
recent water main break on Madison Street and Route 281 "brought to light the necessity to loop
the water line that goes up Common Ave." He explained that the Radiation Oncology Services
of Cortland, which treats cancer patients, is located at 1088 Commons Avenue. The facility
utilizes a $4 million machine called a Linear Accelerator, which relies on a continuous water
supply in order to operate. If the water supply is not available due to a water main break the
machine could be severely damaged, and could take up to one year to repair. Water & Sewer
Sup't. Alteri recommended the Town consider a project to either loop the water main 1,385 ft. to
Westmore Lane, or do a 67 ft. boring under NYS Route 281 and create a tie-in to the City of
Cortland. He estimated the cost of the project to be $216,000.00.
Planning Board Member Renzi suggested Dr. Fallon look into installing a well as a
backup for the device for his medical facility.
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SEPTEMBER 06, 2006 TOWN BOARD MEETING PAGE 5
Councilman Rocco felt that Dr. Fallon should participate in the cost of looping the water
main or a tie-in to the City of Cortland, since the machine is owned by the medical facility, and
is vital to its business.
Councilman Proud agreed and stated there was no indication that there was a critical need
for continuous water supply when the application was before the Planning Board for approval.
Attorney Folmer questioned how much notice Water & Sewer Sup't. Alteri was able to
give the medical facility before shutting the water off.
Water & Sewer Sup't. Alteri requested permission to shut the water off at the time of his
first request and was told that he couldn't. He then gave the medical facility a one month notice
before the scheduled shut-off date, and called to verify before actually turning the water off.
Attorney Folmer questioned whether or not the necessity for water was similar to having
a backup generator system installed at the owner's expense.
Water & Sewer Sup't. Alteri stated he would request Dr. Fallon submit a letter to the
Board regarding his comments on the need to loop the water line.
RESOLUTION #163 AUTHORIZE SUPERVISOR TO AMEND THE 2006 BUDGET
ESTABLISHING A NEW REVENUE ACCOUNT
Motion by Councilman Rocco
Seconded by Councilman O'Donnell
VOTES: ALL AYE ADOPTED
WHEREAS, the Bookkeeper requested the Board establish a new revenue account to account for
receiving and spending grant monies received for the GIS Grant, therefore
BE IT RESOLVED, the Supervisor is hereby authorized and directed to establish a new revenue
account A3060 — State Aid Records Management — GIS Grant, and it is further
RESOLVED, the Supervisor is hereby authorized and directed to increase Estimated Revenues,
State Aid — GIS Grant sub account A3060 in the amount of $13,000, and to increase
Appropriations Records Management sub account A1460.4 in the amount of $13,000, and it is
further
RESOLVED, the 2006 Budget is hereby amended.
Deputy Supervisor Testa apprised the Board that on Friday, September 8, 2006 he would
be meeting the engineers at the Cortlandville Starr Road Park & Recreation Center to discuss the
flooding in the Starr Road area.
No further comments or discussion were heard.
Councilman Proud made a motion, seconded by Councilman O'Donnell, 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