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NOVEMBER O1, 2006
PUBLIC HEARING NO. 1
W1Z129 UT
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2007 PRELIMINARY BUDGET
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
the 2007 Preliminary Budget.
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 Members: James Bugh, Nick Renzi and his wife, Agnes Renzi; Scott Smith from Clough
Harbour & Associates LLP.; Steve Cleason from APD Engineering; Attorney Kelly Pronti from
Harter, Secrest & Emery; Barbara Tupper; John Carroll; Jo Schaffer, City of Cortland Planning
Commission; Representatives of C.A.P.E.: Robert Rhodes, Grace Meddaugh; Sharon Stevans for
Channel 2, Access TV.
Supervisor Tupper called the Public Hearing meeting to order.
Supervisor Tupper informed those in attendance that the Preliminary Budget for 2007 called
for a 4.2% increase from the 2006 Budget, which equaled $0.15 per 1,000 of assessed property.
value, which would be a $15.00 increase for a house assessed at $100,000.00 in the Town. He
explained that the Water and Sewer Benefit Tax decreased as a result of some water and sewer
bonds being paid.
He explained the expenditures increased about $577,000.00 from 2006, which could be
accounted for as follows: $133,000 — Salaries; $88,000 — Benefits; $157,000 — Bond for
Expansion/Renovation of the Raymond G. Thorpe Municipal Building; $100,000 — Contingency
Item to cover an necessary upgrades in technology including computers/telephones/etc. or anything
needed for the new building; $90,000 — Increases spread throughout the entire budget, mostly
increases with vendors and contracts.
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.
Planning Board Member, Nick Renzi and his wife, Agnes Renzi, requested privilege of
the floor to comment and ask questions regarding the 2007 Preliminary Budget.
Mr. Renzi pointed out that the majority of accounts were increased beyond the usual
inflation factor of 3%. He noted the budget increases for elected officials and officers including
the Town Councilmen, Town Supervisor/Budget Officer, Town Clerk and Highway
Superintendent. He stated the raises for the officials appeared to be fiscally irresponsible.
Mr. Renzi questioned how the budget was prepared in the past as he questioned the salary
increase for the Budget Officer from $4,000 in 2006 to $10,000 in 2007. He questioned "what
are we getting for this extra money being paid to the Supervisor and Budget Officer?"
Mrs. Renzi questioned what the basis was for salary increases for the Budget Officer,
Town Councilmen, and the Town Supervisor.
Mr. Renzi continued by questioning why items were budgeted for that had no
expenditures as of September 30, 2006. He gave the example of Garage Account A5132.2
Equipment, which had a $75,000 budget in 2006 and zero dollars spent as of September 30,
2006.
Mr. Renzi questioned why $7,500 was budgeted for the position of Town Historian, as he
did not believe the Town had a Historian.
Councilman Rocco informed Mr. Renzi that he has been the Town Historian since July
2005 and is not paid for the position at his preference. He explained that the position has an
expenditure history; the salary for the position was $5,500 in the past. In the event that
Councilman Rocco was not able to continue as Historian or chose to resign, the money would be
available as a line item to appoint a new Historian. If the money is not used it is applied to the
next year's budget.
NOVEMBER O1, 2006 PUBLIC HEARING NO. 1 PAGE 2
Mrs. Renzi continued by questioning why $200,000 was budgeted for 2006 and again in
2007 for the Starr Road Park project, which was a project advertised to be funded by
contributions. She stated it appeared that a total of $239,519 of taxpayer's money was spent on
the Starr Road Park project with only $49,198 received as contributions to date.
Mr. Renzi questioned why line item B8020.41 (DEV PLN) Clough showed a 2006
budget of $45,000 with only $6,324 spent as of September 2006, and a proposed 2007 budget of
$47,600. He asked whether there was a new development plan in the works that would
supercede the plan developed in 2002.
Next, Mrs. Renzi questioned why line item A1450.4 Elections contractual expense was
consistently budgeted at $15,000 for 2005, 2006 and 2007, with the only expenditure being
$5,487 in 2005 and nothing to date as of the end of September 2006. She questioned whether the
Town owned or rented the voting machines.
Town Clerk Snyder informed Mrs. Renzi that the Town is responsible for maintaining the
voting machines, which the Town owns, and is also responsible for paying the election
inspectors including any school training. When the budget was presented at the end of
September 2006, no money had been expended. Due to election reform in 2005, the County
Board of Elections now pays the hourly wages of the election inspectors and in turn bills the
municipalities accordingly. The voting machines are also used for School Board Elections. The
Town is also responsible for providing polling places and for housing the voting machines. If
the Town does not own the polling place, rent must be paid to the facility for housing the
machines.
Lastly, Mr. Renzi questioned why line item A1990.4 Contingent account, under special
items, showed the 2006 adopted budget for the account to be $25,000, -but yet the 2007
Preliminary Budget shows the 2006 budget amount to be $15,060.
Mr. Renzi recommended the Budget Officer and department heads conduct a thorough
review of "every line item substantiating the 2007 budget figures starting out with a `zero base'
rather than a simple extrapolation of prior year's figures."
Councilman O'Donnell, the most senior member of the Board, apprised Mr. and Mrs.
Renzi that during the time that Melvin Pierce was Supervisor, the position was full-time with a
salary of approximately $18,000 with additional funds for Budget Officer. When Supervisor
Pierce passed away, Raymond G. Thorpe became Supervisor until his sudden death in 2005.
Supervisor Thorpe was a very generous man and for the love of his community did not want a
hefty salary as he did not need the money. In 2005 Supervisor Thorpe's salary was $6,000 for
Supervisor and $1,000 for Budget Officer.
Councilman O'Donnell defended Supervisor Tupper's proposed salary for 2007, which
only appeared to be inflated because of his predecessor's salary.
Mr. Renzi commented that the Board should have started the Budget Officer's salary at
$10,000 instead of $4,000 and should not have used Supervisor Thorpe's salary as the basis.
Councilman Rocco assured Mr. Renzi that the Board recognizes the importance of Mr.
Tupper and his attention to the Town, as he is "worth every nickel, and from what I hear from
you he is worth a lot more...." The Board discussed the salary increase in 2006 but wanted
Supervisor Tupper to prove himself before increasing the salary.
Councilman Proud stated because the Board did not increase the salary in 2006 they
saved the Town tax dollars. Due to Supervisor Tupper's hard work the Board decided to
increase the salary.
Councilman Testa stated there is a substantial amount of time that goes into being a
Board Member and Town Supervisor. While the Town Board meets twice a month for Town
Board Meetings there are many other meetings, committees, phone calls from constituents, and
countless documents to read and be well -versed on.
Supervisor Tupper thanked the Board for their comments. He reminded those in
attendance that the County of Cortland has an Administrator, a Comptroller, Assistant
Comptroller, County Treasurer, and 8-10 Bookkeepers. The Town of Cortlandville has a Budget
Officer and a Bookkeeper, with the exact same responsibilities as the County. The City of
Cortland has an Administrator, Assistant Administrator, two Bookkeepers, and a Secretary. The
City of Cortland salaries are about $200,000+/-; the County salaries are between $500,000-
$600,000, and the Town of Cortlandville salaries for the Councilmen, Supervisor/Budget Officer
equate to less than $60,000.
Supervisor Tupper stated that for the amount of time and effort that go into the Town and
the few people who do the work, he raised the salary for the Councilmen. The Board made the
decision to raise the Supervisor's salary. Supervisor Tupper stated the Town is incredibly busy
and will only get busier.
With regard to Mr. and Mrs. Renzi's comments and questions, Supervisor Tupper
explained the following.
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NOVEMBER O1, 2006 PUBLIC HEARING NO. 1 PAGE 3
The $75,000 Garage Account was budgeted for off -road drainage projects for 2006. The
Town was hoping to complete work on drainage on either Starr Road or Route 281/Bell Drive.
The work was not done; therefore the money was shifted from the 2006 budget to the 2007
budget.
With regard to Clough Harbour & Associates LLP., Supervisor Tupper explained that the
firm does a ton of engineering for the Town. There are four places within the budget that money
is allocated for Clough Harbour. The money is used for planning and for growth. If the money
is not used it rolls over to the next year's budget.
Mr. Renzi questioned whether a new development plan was in the works, as it appeared
that the $47,600 was budget for planning activities.
Attorney Folmer asked Mr. Renzi if it would make more sense to him if the line item read
"general development planning" or "general planning services" rather than development
planning.
Town Clerk Snyder explained that municipalities are bound by the Local Finance Law, in
which there are codes for accounts, such as B8020, with corresponding language for the
accounts. Account B8020 is zoning and planning, which is identified by the Comptroller's
Office as land use. The Town cannot use money from other accounts to pay an agency like
Clough Harbour for zoning and planning. Town Clerk Snyder explained that the software
utilized by the Supervisor and Bookkeeper is set up in accordance with what the State
Comptroller's Office dictates in the Local Finance Law.
Supervisor Tupper offered the example of the Town's .4 accounts, which are labeled
Contractual by the State. Each department has a .4 account, which does not pay contracts but is
used to pay for pens, pencils, paper, cell phones, etc.
Supervisor Tupper informed those in attendance that he and the Bookkeeper have the
budget workbook outlining what each department would utilize the money in their budget for.
For example, Supervisor Tupper knows ,that Highway Sup't. Bush plans to purchase certain
equipment in 2007, however the general public would not know the details by just looking at a
copy of the preliminary budget.
Mr. Renzi suggested that the Town use the language established by the State Comptroller
but to label the accounts as generic as possible.
With regard to Mr. Renzi's question about the Historian position, Supervisor Tupper
stated he must have money in the account even though the current Historian does not get paid.
In the event that a new Historian was appointed, money could not be moved into the .1 account.
Therefore, the salary is listed and is rolled over from one budget to the next. Just because $7,725
was budgeted for 2007 does not mean that if a new Historian were appointed that the salary had
to be set at $7,725.
Mrs. Renzi asked Supervisor Tupper how money was rolled over from year to year.
Supervisor Tupper explained that the unexpended fund balance rolled over from 2006 to
2007 would be $1.3 million, which reduces the taxes. For example, the sales tax revenue came
in at a higher amount than anticipated which is rolled over to the next year. Highway Sup't.
Bush did not use the Garage Account; therefore $75,000 is rolled over, etcetera.
With regard to the Cortlandville Starr Road Park & Recreation Center, Supervisor Tupper
explained that $414,000 was raised by public contributions and grants, while $600,000+/- was
spent on the park. The $49,198 listed in the budget was the amount of donations received in
2006.
Councilman Testa explained that the grant money promised to the project has not been
received. In addition, some people have promised to donate money over several years rather
than giving the whole lump sum up front.
Mr. Renzi questioned whether taxpayers are supporting the park project.
Supervisor Tupper stated it was the Town's goal to pay for the park with private funds.
The Town has spent money on the park, such as purchasing the land, the initial development and
grading of the land. $200,000 was put in the budget for 2007 because that is the amount needed
for the next phase of the park.
Supervisor Tupper moved on to discuss governmental salaries, which may increase in
large amounts because they are not increased on a regular basis. He gave the example of the 33
1/3% salary increase that the Planning Board requested and received in 2006. Supervisor Tupper
went explained that by paying the Town employees a decent wage the Town does not have a
high turnover rate.
No further comments or discussions were heard.
Councilman O'Donnell made a motion, seconded by Councilman Rocco, to close the
Public Hearing. All voting aye, the motion was carried.
The Public Hearing was closed at 7:50 p.m.
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NOVEMBER O1, 2006
7:50 P.M.
TOWN BOARD MEETING
The Regular 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; Planning
Board Members: James Bugh, Nick Renzi and his wife, Agnes Renzi; Scott Smith from Clough
Harbour & Associates LLP.; Steve Cleason from APD Engineering; Attorney Kelly Pronti from
Harter, Secrest & Emery; Barbara Tupper; John Carroll; Jo Schaffer, City of Cortland Planning
Commission; Representatives of C.A.P.E.: Robert Rhodes, Grace Meddaugh; Sharon Stevans for
Channel 2, Access TV.
Supervisor Tupper called the meeting to order.
Draft Town Board Minutes of October 4, 2006 and October 18, 2006 were presented to
the Board for review.
RESOLUTION #198 AUTHORIZE PAYMENT OF VOUCHERS—NOVEMBER
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 #500 - 523
$135,988.46
General Fund B
B 109 - B 111
$279,453.84
Highway Fund DB
D463 - D485
$172,178.69
Water Fund
W206 - W217
$ 15,193.58
Sewer Fund
S 106 - S 112
$ 84,417.71
Trust & Agency
T10 - T10
$ 28,698.01
Capital Projects
H27 - H27
$ 1,053.00
Special Grant
SG28 - SG31
$ 31,667.29
Supervisor Tupper offered privilege of the floor to those in attendance
Councilman and Historian Rocco apprised the Board the State of New York released the
money for the restoration of historic barns. The Town should be notified soon as to whether or not
they received the grant to restore the old McGraw College, which he applied for in 2005. In
addition, he was also applying under the State of New York Documentary Heritage Program for a
$10,000 grant to study the 20t' century industries in the Town of Cortlandville.
Councilman/Historian Rocco informed the Board he was working on a documentary of all
the new development in the Town, which should be complete by the end of November 2006.
The monthly report of the Town Clerk for the month of October 2006 was on the table for
review and was filed in the Town Clerk's Office.
Councilman Proud reported that he scheduled a meeting on November 8, 2006 with the
NYS DOT, Water & Sewer Sup't. and Town Engineer to discuss the impact on the water and sewer
infrastiucture as a result of the Route 281 project.
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NOVEMBER O1, 2006 TOWN BOARD MEETING PAGE 2
Councilman Rocco reminded residents of the Town to report any streetlights that do not
work as the Town pays for the service regardless of whether the lights are working or not.
With regard to the Revised Stormwater Management Erosion and Sediment Control
Ordinance, Attorney Folmer reminded the Board that the County Planning Board recommended
they approve the Local Law with two conditions. The first condition, which the Town would do,
was to add to the Zoning Law the definition section, because the terms that are used in the
Stormwater Management Ordinance carry over to the Zoning Ordinance as a whole. The second
condition was that the Town make a Negative Declaration of Environmental Impact under SEQRA.
Attorney Folmer mentioned the comments received regarding eliminating discretionary
portions of the requirements and replacing them with mandatory requirements, or rather eliminate
language such as "might" and "maybe." Attorney Folmer indicated he was not asked by the Town
Board to do such. If the Town was similar to the City of Cortland, in which there was a limited
amount of space to expand based on its boundaries, then the Board would have to be very careful
about what would be required. However the Town's situation is different than the City of Cortland.
Attorney Folmer stated that historically, the discretionary authority exercised by the Town Board,
Planning Board, and Zoning Board has met with the approval of the developers etcetera. Attorney
Folmer would not change the discretionary language to mandatory language unless the Board told
him differently. If the Board wanted to change the language then the revised ordinance would have
to be resubmitted to the County Planning Board and another public hearing would have to be held.
Unless the Board indicated otherwise, Attorney Folmer would prepare to do the SEQRA review at
the November 15, 2006 Town Board Meeting.
With regard to the Revised Planned Unit Development Ordinance, Attorney Folmer
acknowledged that the revision was drafted primarily by Clough Harbour & Associates LLP. It was
suggested that the present version of the ordinance does not conform to §274(B) of Town Law. The
Town Board can make a determination with regard to the establishment of a PUD District, but once
the Board has done so the site plan review is delegated to the Town Planning Board. Under the
present statute the Town Board does not have the right to serve as an appellate body for the
Planning Board. Attorney Folmer was not sure if the delineation of authorities was clear in the
present ordinance. He started working on the revisions and hoped to have them complete by the
November 15, 2006 Town Board Meeting.
Councilman Proud asked for clarification regarding a PUD District.
Attorney Folmer explained that the establishment of a PUD District is akin to a rezone of a
certain district. It is a legislative function that comes to the Town Board. Once the Board approves
the PUD, the site plan and other applications go back to the Planning Board for approval.
Town Clerk Snyder announced that the Town offices would be closed Tuesday, November
7, 2006 for Election Day; Thursday, November 9, 2006 at 12:00 p.m. to accommodate the
contractors working on the Expansion/Renovation of the Raymond G. Thorpe Municipal Building;
and Friday, November 10, 2006 in observance of Veteran's Day. Offices would reopen Monday,
November 13, 2006.
Attorney Folmer Reported:
Planning Board and Zoning Board of Appeals Training:
Attorney Folmer apprised the Board the State Legislature passed a law, effective January 1,
2007, requiring Municipal Planning Board and Zoning Board of Appeals Members and Officials to
complete 4 hours of training each year. Therefore, the Board had several decisions to make
regarding what kind of training would be required; who would do the training; where it would be
conducted; and would the Town pay for members to attend?
Attorney Folmer informed the Board that every other month he receives the New York
Zoning Law and Practice Report from the Thompson West Publishing Company. He would
forward the report to Kathy Wickwire and David Plew, Chairs of the Planning and ZBA
respectfully, for their input regarding the type of training that should be required. The Town Board
would have to adopt a local law or a policy to establish the details regarding the requirement.
Planning Board Member, Nick Renzi informed the Board he spoke with County Planning
Director, Dan Dineen regarding the training. Mr. Dineen stated the training was not well defined
and could consist of almost anything.
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NOVEMBER O1, 2006 TOWN BOARD MEETING
PAGE 3
BAN for Cortlandville Starr Road Park & Recreation Center:
Attorney Folmer apprised the Board he had the bond resolution for the $300,000 Bond
Anticipation Note to, upfront money for the Cortlandville Starr Road Park & Recreation Center.
The Town would receive the grant money to repay the BAN in 2007.
RESOLUTION #199 BOND RESOLUTION OF THE TOWN OF CORTLANDVILLE,
NEW YORK, ADOPTED NOVEMBER 1, 2006, AUTHORIZING
THE CONSTRUCTION OF IMPROVEMENTS TO THE STARR
ROAD PARK,, STATING THE ESTIMATED MAXIMUM COST
THEREOF IS $300,000, APPROPRIATING SAID AMOUNT
THEREFOR, AUTHORIZING THE ISSUANCE OF $300,000
SERIAL BONDS OF SAID TOWN TO FINANCE SAID
APPROPRIATION, AND AUTHORIZING ANY FUNDS TO BE
RECEIVED FROM THE UNITED STATES OF AMERICA, THE
STATE OF NEW YORK, AND/OR ANY OTHER SOURCE TO
BE EXPENDED TOWARDS THE COST OF SAID OBJECT OR
PURPOSE OR REDEMPTION OF THE TOWN'S BONDS OR
NOTES ISSUED THEREFOR OR TO BE BUDGETED AS AN
OFFSET TO THE TAXES FOR THE PAYMENT OF THE
PRINCIPAL OF AND INTEREST ON SAID BONDS OR NOTES
Motion by Councilman Proud
Seconded by Councilman Testa
VOTES: Councilman O'Donnell
Aye
Councilman Proud
Aye
Councilman Rocco
Aye
Councilman Testa
Aye
ADOPTED
THE TOWN BOARD OF THE TOWN OF CORTLANDVILLE, IN THE COUNTY OF
CORTLAND, NEW � YORK, HEREBY RESOLVES (by the favorable vote of not less than two-
thirds of all the members of said Town Board) AS FOLLOWS:
Section 1. The Town of Cortlandville, in the County of Cortland, New York (herein called
the "Town"), is hereby authorized to construct improvements to the Starr Road Park. The estimated
maximum cost thereof, including preliminary costs and costs incidental thereto and the financing
thereof, is $300,000; and said amount is hereby appropriated therefor. The plan of financing
includes the issuance of $300,000 serial bonds of the Town to finance said appropriation, and the
levy and collection of taxes on all the taxable real property in the Town to pay the principal of said
bonds and the interest thereon as the same shall become due and payable. Any funds received from
the United States of America, the State of New York and/or any other source are authorized to be
applied towards the cost of said object or purpose or redemption of the Town's bonds or notes
issued therefor, or to; be budgeted as an offset to the taxes for the payment of the principal of and
interest on said bonds or notes.
Section 2. Serial bonds of the Town in the principal amount of $300,000 are hereby
authorized to be issued pursuant to the provisions of the Local Finance Law, constituting Chapter
33-a of the Consolidated Laws of the State of New York (herein called the "Law"), to finance said
appropriation.
Section 3. The following additional matters are hereby determined and declared:
(a) The period of probable usefulness applicable to the purpose for which said serial
bonds are authorized to be issued, within the limitations of Section 11.00 a. 19. (c) of
the Law, is fifteen (15) years; however, the bonds authorized pursuant to this
resolution and any bond anticipation notes issued in anticipation of the sale of said
bonds, shall mature no later than five (5) years from the date of original issuance of
said bonds or notes.
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NOVEMBER O1, 2006 TOWN BOARD MEETING
PAGE 4
(b) The proceeds of the bonds herein authorized and any bond anticipation notes issued
in anticipation of said bonds may be applied to reimburse the Town for expenditures
made after the effective date of this resolution for the purpose for which said bonds
are authorized, or for such expenditures made on or before such effective date if the
Town Board has made a prior declaration of intent to issue indebtedness therefore.
The foregoing statement of intent with respect to reimbursement is made' in
conformity with Treasury Regulation Section 1.150-2 of the United States Treasury
Department.
(c) The proposed maturity of the bonds authorized by this resolution will not exceed
five (5) years.
Section 4. Each of the bonds authorized by this resolution and any bond anticipation notes
issued in anticipation of the sale of said bonds shall contain the recital of validity as prescribed by
Section 52.00 of the Law and said bonds and any notes issued in anticipation of said bonds shall be
general obligations of the Town, payable as to both principal and interest by general tax upon all the
taxable real property within the Town without limitation of rate or amount. The faith and credit of
the Town are hereby irrevocably pledged to the punctual payment of the principal of and interest on
said bonds and any notes issued in anticipation of the sale of said bonds and provision shall be made
annually in the budget of the Town by appropriation for (a) the amortization and redemption of the
bonds and any notes in anticipation thereof to mature in such year and (b) the payment of interest to
be due and payable in such year.
Section 5. Subject to the provisions of this resolution and of the Law and pursuant to the
provisions of Section 21.00 relative to the authorization of bonds with substantially level or
declining annual debt service, Section 30.00 relative to the authorization of the issuance of bond
anticipation notes and Section 50.00 and Sections 56.00 to 60.00 and 168.00 of the Law, the powers
and duties of the Town Board relative to authorizing bond anticipation notes and prescribing the
terms, form and contents and as to the sale and issuance of the bonds herein authorized, and of any
bond anticipation notes issued in anticipation of said bonds, and the renewals of said bond
anticipation notes, and as to executing credit enhancement agreements, are hereby delegated to the
Supervisor, the chief fiscal officer of the Town.
Section 6. The validity of the bonds authorized by this resolution and of any notes issued in
anticipation of the sale of said bonds, may be contested only if:
(a) such obligations are authorized for an object or purpose for which the
Town is not authorized to expend money, or
(b) the provisions of law which should be complied with at the date of the
publication of such resolution, or a summary thereof, are not substantially
complied with,
and an action, suit or proceeding contesting such validity is commenced within twenty days after the
date of such publication, or
(c) such obligations are authorized in violation of the provisions of the
constitution.
Section 7. This bond resolution shall take effect immediately, and the Town Clerk is hereby
authorized and directed to publish the foregoing resolution, in summary, together with a Notice
attached in substantially the form prescribed by Section 81.00 of the Law in the "THE
CORTLAND STANDARD," a newspaper having a general circulation in the Town and hereby
designated the official newspaper of said Town for such publication.
Deed from Weathervane Associates for Hedgemoor Drive:
Attorney Folmer apprised the Board he was in receipt of the deed, survey map, and check to
record the papers from Attorney Ruthig regarding Weathervane Associates and the extension of
Hedgemoor Drive. According to Attorney Ruthig the final surface treatment on the road was done.
However, after speaking with Highway Sup't. Bush he was not sure if the extension of the road was
done according to specifications. Attorney Folmer requested the Board accept the conveyance
subject to Highway Sup't. Bush's approval.
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NOVEMBER O1, 2006
TOWN BOARD MEETING
PAGE 5
RESOLUTION #200
ACCEPT ROAD DEDICATION FOR THE EXTENSION OF
HEDGEMOOR DRIVE
Motion by Councilman Testa
Seconded by Councilman Proud
VOTES: ALL AYE ADOPTED
WHEREAS, Town of Cortlandville Highway Sup't has not inspected the extension of Hedgemoor
Drive and has therefore not determined if the road was constructed in accordance with Town
standards, therefore
BE IT RESOLVED, the Town Board does hereby accept the extension of Hedgemoor Drive from
Weathervane Associates, contingent upon the deed being delivered in its final executed form, and
subject to approval by the Town Attorney and the Town Highway Sup't.
FEIS — Wal-Mart Supercenter PUD:
Attorney Folmer questioned Scott Smith, Engineer for Clough Harbour &, Associates LLP.,
as to whether CHA would recommend that the Final Environmental Impact Statement for the Wal-
Mart Supercenter PUD application was complete.
Scott Smith apprised the Board the major outstanding issue was the conceptual approval
from the NYS DOT. Ultimately, the DOT indicated that Wal-Mart would not be able to build
anything without DOT approval. Rather than hold up the process any longer, especially since all
comments have been addressed and responded to, Mr. Smith stated the FEIS was complete.
Attorney Folmer suggested a Member of the Board make a motion to accept the FEIS as
complete. He explained that by accepting the FEIS the Board acknowledged that each comment
made at the time of the public hearings and in the DEIS had been addressed. Accepting the FEIS
did not mean that the issues had been addressed satisfactorily or that the Board agreed with the
FEIS.
RESOLUTION #201 ACCEPT FINAL ENVIRONMENTAL IMPACT STATEMENT
FOR WAL-MART SUPERCENTER
Motion by Councilman O'Donnell
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
WHEREAS, Wal-Mart Real Estate Business Trust ("Wal-Mart") has proposed to construct a
Wal-Mart Supercenter (the "Supercenter") in the Town of Cortlandville, New York; and
WHEREAS, this Board, on April 6, 2005, was established as SEQRA lead agency related to
review of the Supercenter; and
WHEREAS, this Board, on April 6, 2005, issued a positive declaration under SEQRA for the
proposed construction of the Supercenter; and
WHEREAS, this Board, on June 15, 2005, adopted a final scoping outline for the Draft
Environmental Impact Statement (the "DEIS");
WHEREAS, on December 21, 2005, consultants to Wal-Mart submitted a proposed DEIS to the
Board; and
WHEREAS, on February 1, 2006, the DEIS was accepted by this Board for purposes of
scheduling a public hearing to solicit comments on the DEIS; and
WHEREAS, on March 1, 2006, (continued on March 2, 2006, and March 3, 2006), a duly
noticed public hearing was held where all interested persons were given the opportunity to
express their opinions about the DEIS and the general Supercenter site plan;
WHEREAS, an additional ten (10.) day public comment period was permitted by this Board to
further solicit input on the DEIS; and
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NOVEMBER O1, 2006 TOWN BOARD MEETING PAGE 6
WHEREAS, on October 4, 2006, the Applicant submitted a proposed FEIS to this Board and its
legal and engineering consultants; and
WHEREAS, on October 11, 2006, this Board held a workshop to review the FEIS; and
WHEREAS, upon review of the information contained in the proposed FEIS and upon advice of
legal and engineering consultants retained by the Board, the Board is prepared to accept the
FEIS.
NOW, THEREFORE, BE IT RESOLVED THAT:
This Board, as SEQRA Lead Agency, hereby accepts the FEIS; and
2. This Board hereby directs the applicant to file and circulate a Notice of
Completion of the FEIS and the FEIS as required by applicable regulations.
Attorney Folmer apprised the Board that according to the SEQRA regulations there must be
a 10-day cooling -off period, at which point comments can be made. The Board must then make a
findings statement within thirty days, unless the time period is extended. The Town was also
required to post the FEIS on the Internet, which Attorney Pronti would work with Town Clerk
Snyder to accomplish.
As a result of the DEIS and the FEIS, significant changes were made to the PUD by Wal-
Mart. It was therefore suggested that the PUD application be re -submitted to the County Planning
Board for review and recommendations.
RESOLTUTION #202 REFER WAL-MART SUPERCENTER PUD APPLICATION TO
THE CORTLAND COUNTY PLANNING BOARD FOR REVIEW
AND RECOMMENDATIONS
Motion by Councilman Proud
Seconded by Councilman Rocco
VOTES: ALL AYE ADOPTED
WHEREAS, Wal-Mart Real Estate Business Trust ("Wal-Mart") has proposed to construct a Wal-
Mart Supercenter (the "Supercenter") in the Town of Cortlandville, New York; and
WHEREAS, on February 21, 2005, Wal-Mart submitted to the Town a PUD Application to
construct the Supercenter; and
WHEREAS, this Board, on April 6, 2005, was established as SEQRA lead agency related to review
of the Supercenter; and
WHEREAS, this Board, on April 6, 2005, issued a positive declaration under SEQRA for the
proposed construction of the Supercenter; and
WHEREAS, this Board, on June 15, 2005, adopted a final scoping outline for the Draft
Environmental Impact Statement (the "DEIS"); and
WHEREAS, on December 21, 2005, consultants to Wal-Mart submitted a proposed DEIS to the
Board; and
WHEREAS, on February 1, 2006, the DEIS was accepted by this Board for purposes of scheduling
a public hearing to solicit comments on the DEIS; and
WHEREAS, on February 1, 2006, the Town Board referred the PUD application to the Cortland
County Planning Board as required by Section 178-50 of the Town of Cortlandville Zoning Code;
and
WHEREAS, on February 3, 2006, the Town provided the Cortland County Planning Board with a
copy of the DEIS and a copy of the Notice of Completion/Public Hearing as required by 6 NYCRR
617.9(3) and 6 NYCRR 617.12(b); and
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NOVEMBER 01, 2006 TOWN BOARD MEETING PAGE 7
WHEREAS, on March 1, 2006 (continued on March 2, 2006, and March 3, 2006), a duly noticed
public hearing was held where all interested persons were given the opportunity to express their
opinions about the DEIS and the general Supercenter site plan; and
WHEREAS, an additional ten (10) day public comment period was permitted by this Board to
further solicit input on the DEIS; and
WHEREAS, on March 15, 2006, the Cortland County Planning Board issued a PUD
recommendation to the Town Board as required by Section 178-50 of the Town of Cortlandville
Zoning Code; and
WHEREAS, the site plan has been modified as a result of public input and this Board feels it is
necessary to re -refer the PUD Application to the Cortland County Planning Board as required by
Section 178-50 of the Zoning Code; and
WHEREAS, on October 27, 2006, Wal-Mart forwarded to the Cortland County Planning Board the
following information:
• A copy of the Harter Secrest & Emery letter dated August 26, 2004 regarding the
PUD Application;
• A copy of the APD letter dated February 21, 2005 forwarding application materials
to Bruce Weber;
• DEIS accepted by the Town Board as complete on February 1, 2005 (including
completed EAF);
• Proposed FEIS;
• 60 Scale C-2 Site Plan;
• 60 Scale C-2 ALT- Alternative Site Plan;
• A copy of the Harter Secrest & Emery letter dated May 16, 2006 addressing the
need for the PUD;
• County Resolution #06-08 dated March 15, 2006;
• A copy of the original County Planning referral;
• A copy of the updated County Planning referral; and
• 200 Scale C-1 Overall Area Plan.
NOW THEREFORE BE IT RESOLVED THAT:
1. This Board re -refers the Wal-Mart PUD Application to the Cortland County
Planning Board as required by Section 178-50 of the Town of Cortlandville Zoning
Code; and
2. This Board hereby requests the Cortland County Planning Board to consider the
information submitted by Wal-Mart and to thereafter provide the Town Board with
an updated PUD recommendation to the Town Board as required by Section 178-50
of the Town of Cortlandville Zoning Code.
Councilman O'Donnell made a motion, seconded by Councilman Rocco, to receive and file
correspondence from Douglas Withey, Cortland Aquifer Protection Alliance, dated October 20,
2006, regarding the transfer of funds to the Cortland County Soil & Water Conservation District.
All voting aye, the motion was carried.
RESOLUTION #203 TABLE SCHEDULING PUBLIC HEARING FOR AQUIFER
PROTECTION PERMIT APPLICATION SUBMITTED BY
DAVID LAW FOR PROPERTY LOCATED OFF ROUTE 11
UNTIL NOVEMBER 15 2006
Motion by Councilman Rocco
Seconded by Councilman O'Donnell
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby table scheduling a Public Hearing for the
Aquifer Protection Permit application submitted by David Law for property located off Route 11,
tax map #87.00-04-04.000, until December 6, 2006, in order for the Town Planning Board to
complete their review of the application.
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NOVEMBER O1, 2006 TOWN BOARD MEETING PAGE 8
There was discussion regarding the Water and Sewer Benefit Tax for the Renaissance
Development.
Supervisor Tupper directed the Board to the memo provided by Assessor Briggs and
explained that he, Assessor Briggs, Councilman Testa and Nick Renzi met to discuss and devise
a fair system that could be used to determine the water and sewer benefit tax units charged to
property owners in the Renaissance Development. By using the Town's new GIS mapping
system, they were able to determine the length of the water and sewer lines, which do not
necessarily conform to parcel road frontage. Some properties have as much as 1100 ft. of
frontage, yet the length of the pipes may only be 10 ft. As a result, they decided to make
changes on 9 lots to an average of what the development should have been; 2.0 units sewer, 2.70
units water.
Supervisor Tupper stated they received complaints from four different landowners in the
development regarding the water and sewer benefit tax. They addressed the four complaints as
well as five other properties.
Supervisor Tupper explained that the problem in development was created when the
developer ran the water and sewer lines across lots rather than along the roads. It therefore was
not fair to charge a property owner based on frontage when the pipe runs through the property.
Assessor Briggs devised a system that would be fair.
Mr. Renzi commented that the origin of the problem was because of the Planning
Board's decision to allow the developer to run the lines through lots rather than along the
roadway, and did not take into consideration how the water and sewer benefit tax was computed.
He also commented that the Board was not diligent in requiring as -built drawings from the
developer when the lines were installed.
Supervisor Tupper stated the problem would not occur in a future development.
RESOLUTION #204 AUTHORIZE TOWN ASSESSOR TO ADJUST THE WATER &
SEWER BENEFIT TAX UNITS FOR THE RENAISSANCE
DEVELOPMENT
Motion by Councilman Rocco
Seconded by Councilman Proud
VOTES: ALL AYE ADOPTED
WHEREAS, residents of the Renaissance Development believed that the Water & Sewer Benefit
Tax imposed on their properties were excessive due to the fact that the water and/or sewer lines
do not necessarily conform to parcel road frontage, and
WHEREAS, residents of the Renaissance Development approached the Town Board for relief of
the 2007 Water & Sewer Benefit Tax, and
WHEREAS, as a result of a review made possible by the Town's GIS system, it was
recommended that the Water & Sewer Benefit Tax units of certain properties with excessive
frontage where the lines do not conform with the road frontage, be adjusted to the 2007 average
Water & Sewer Benefit Tax units of the Renaissance Development, therefore
BE IT RESOLVED, the Town Assessor is hereby authorized and directed to adjust the Water &
Sewer Benefit Tax units for the Renaissance Development in accordance with the computation
provided by the Town Assessor.
RESOLUTION #205 AUTHORIZE SUPERVISOR TO EXECUTE CHANGE ORDER
01-01 AND 01-02 FROM DIAMOND & THIEL
CONSTRUCTION COMPANY; CHANGE ORDER 02-01 FROM
JAMES L. LEWIS, INC.; AND CHANGE ORDER 04-01 FROM
KNAPP ELECTRIC, INC. FOR THE EXPANSION/
RENOVATION OF THE RAYMOND G. THORPE MUNICIPAL
BUILDING
Motion by Councilman Testa
Seconded by Councilman Proud
VOTES: ALL AYE ADOPTED
NOVEMBER 01, 2006 TOWN BOARD MEETING PAGE 9
BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to execute
the following change orders for the Expansion/Renovation of the Raymond G. Thorpe Municipal
Building:
- Change Order 01-01: Diamond & Thiel Construction Company - Increase of $5,511.00
- Change Order 01-02: Diamond & Thiel Construction Company -Decrease of $5,760.00
- Change Order 02-01: James L. Lewis, Inc. - Increase of $1,975.00
- Change Order 04-01: Knapp Electric, Inc. - Decrease of $37,045.00
Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and
file correspondence from Steve Ridler, Bureau Chief, Bureau of Local and Regional Programs,
State of New York Department of State, dated October 25, 2006, regarding the 2006 Application
for the Homeville-Brockway Museum. All voting aye, the motion was carried.
Councilman Testa made a motion, seconded by Councilman Proud, to receive and file
correspondence from Susan Harris, 4495 NYS Route 281, dated October 23, 2006, thanking the
Board for their efforts to resolve the flooding problem at her property. All voting aye, the
motion was carried.
RESOLUTION #206 AUTHORIZE SUPERVISOR TO TRANSFER FUNDS FROM
GENERAL FUND (A) TO GENERAL FUND PART TOWN (B)
Motion by Councilman O'Donnell
Seconded by Councilman Rocco
VOTES: ALL AYE ADOPTED
WHEREAS, the Bookkeeper requested the Board authorize the Supervisor to transfer funds from
General Fund Town Wide (A) to General Fund Part Town (B) to cover the contract payment
owed to Procon Contracting for work completed on the Cortlandville Starr Road Park &
Recreation Center until the BAN is received, therefore
BE IT RESOLVED, the Supervisor it hereby authorized and directed to transfer $203,862.00
from General Fund Town Wide (A) to General Fund Part Town (B), and it is further
RESOLVED, General Fund Town Wide (A) will be reimbursed when the BAN is received.
Supervisor Tupper apprised the Board the Town would receive $1,942,851.05 in sales tax
for 2006.
No further comments or discussion were heard.
Councilman O'Donnell made a motion, seconded by Councilman Testa, to adjourn the
Regular Meeting. All voting aye, the motion was carried.
The meeting was adjourned at 8:40 p.m.
Respec fully submitted,
Karen Q. Snyder, RMC
Town Clerk
Town of Cortlandville
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