HomeMy WebLinkAbout12-06-2006DECEMBER 06, 2006
7:00 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, Nick Renzi and James Bugh; Scott Smith from Clough Harbour & Associates
LLP.; Attorney Kelly Pronti from Harter Secrest & Emery, LLP, representing Super Wal-Mart;
Steve Cleason from APD Engineering; Barbara Tupper; Representatives of C.A.P.E.: Robert
Rhodes, Grace Meddaugh, Catherine Smith, Arnold Talentino, Andrea Rankin, Jan Thomsen,
Richanna Patrick, Ron Powell, Jamie Dangler, Colleen Kattau; John Carroll; M. Mines; Jim and
Maureen Mulherin from the Walden Oaks Home Owners Association; Anna -Mae Artim; Lydia
Ferro; Holly Greer; Olga Savino; Charles M. & Philomena Curley; Julia Ganson; Mere Nagel; Jo
Caratelli; Janet and Henry Steck; Russ and Sally White; Matt Pennello; and Sharon Stevans for
Channel 2, Access TV.
Supervisor Tupper called the meeting to order.
Draft Town Board Minutes of November 15, 2006 were presented to the Board for
review.
RESOLUTION #212 AUTHORIZE PAYMENT OF VOUCHERS — DECEMBER
Motion by Councilman O'Donnell
Seconded by Councilman Rocco
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the vouchers submitted have been audited and shall be paid as follows:
General Fund A
Vouchers 4551 - 590
$
32,587.84
General Fund B
B114 - B122
$
30,226.39
Highway Fund DA
DA1 - DAI
$
14,960.00
Highway Fund DB
D511 - D546
$
68,747.92
Water Fund
W232 - W246
$
8,138.88
Sewer Fund
S123 - SI24
$
3,597.35
Trust & Agency
T11 - T12
$
28,698.01
Capital Projects
H32 - H33
$
3,200.41
Special Grant
SG32 - SG34
$
14,485.60
Supervisor Tupper apprised the Board that Hugh Riehlman, Chairman of the Homer -
Cortland Community Agency, Inc. submitted a letter requesting the Board waive the building
permit fee for the Brockway Museum, a not -for -profit agency. The Board agreed to waive the
building permit fee, which is necessary for the agency's renovations.
RESOLUTION #213 AUTHORIZE SUPERVISOR TO WAIVE THE BUILDING
PERMIT FEE FOR THE HOMER-CORTLAND COMMUNITY
AGENCY, INC. (BROCKWAY MUSEUM) FOR PROPERTY
LOCATED AT 4386, 4382 ROUTE 11
Motion by Councilman Rocco
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
WHEREAS, Hugh Riehlman, Chairman, requested the Board waive the Building Permit fee for
the Homer -Cortland Community Agency, Inc. (Brockway Museum), and
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DECEMBER 06, 2006 TOWN BOARD MEETING I PAGE 2
WHEREAS, the Board determined that the Homer -Cortland Community Agency, Inc. is a not -
for -profit agency that may be exempt from the Building Permit fee without setting precedent,
therefore
BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to waive
the Building Permit fee for the Homer -Cortland Community Agency, Inc. (Brockway Museum),
for property located at 4386, 4382 Route 11, tax map #76.15-01-30.000.
Monthly reports of the Town Justice for the month of October 2006 and for the Town
Clerk for the month of November 2006 were on the table for review and are filed in the Town
Clerk's Office.
Supervisor Tupper apprised the Board he received a communication from Thoma
Development updating the Town on the Blodgett Mills Community Development Block Grant.
To date the Town expended $206,000 of the $400,000 grant. There is enough grant money left
to approve 4 or 5 more applications for the Blodgett Mills CDBG. The Board had until
September 2007 to expend the funds.
There was discussion regarding the Findings Statement for Wal-Mart Supercenter PUD.
Councilman Proud made a motion to approve the Wal-Mart Supercenter Findings
Statement.
Councilman O'Donnell seconded the motion.
Attorney Folmer requested he comment on the issue before the Board had their
discussion to either approve or deny the motion. Attorney Folmer stated there was a
misconception that if the Board approved the findings statement that final approval of the project
was given, which was not accurate. He stated it should be understood that there is a "definite
process in your ordinance required — with steps required for the approval of both the planned unit
development as well as the things that go with it: an aquifer protection permit, a site plan
review."
Attorney Folmer explained that the SEQRA regulation provides that after the FEIS is
complete there is a 10-day cooling off period. The SEQRA regulation does not require there be a
public hearing after the FEIS is submitted, nor does it provide for public comment during the
period of time between the acceptance of the FEIS and the issuance of the findings statement.
Attorney Folmer explained that the purpose of the 10-day cooling off period was to prevent the
lead agency from approving the FEIS and immediately adopting the findings statement. The
Board is required to decide on its findings statement within 30-days from the date that the FEIS
has been accepted as complete.
When the Board found the FEIS complete they indicated they would consider
communications that might be received even though the regulations did not require that they do
so. Towards the end of the 30-day period of time the Board had to make a determination, and
after communications between the applicant and the Board, the 30-day period was extended until
December 6, 2006.
Attorney Folmer acknowledged that comments were received from CAPE and its
attorneys, which were immediately forwarded to Clough Harbour & Associates for their review.
Attorney Folmer reverted back to explaining that adopting the findings statement was not
the last step in the process. If the Board approved the Final EIS and issued its findings
statement, the matter would automatically be referred back to the Town Planning Board. Under
the Town's Ordinance, the Planning Board has the authority to conduct and approve or not
approve a site plan. In addition, an Aquifer Protection Permit would have to be applied for and
obtained; which would entail a recommendation by the Planning Board followed by a public
hearing conducted by the Town Board. The Planning Board would have to conduct a public
hearing regarding the site plan review. Attorney Folmer explained that if all the permits are
approved, the actual enactment of the PUD becomes a matter of a zoning law amendment, which
is a local law that requires another public hearing be held.
Councilman Proud stated it was important to explain that adopting the Final EIS findings
statement did not mean that Wal-Mart "was a done deal." The purpose of the Environmental
Impact Statement is to review the environmental impact, to identify adverse impacts, and address
mitigation to the highest degree that is practical. He stated there continues to be an expression of
interest from the community regarding the environment, quality of life and traffic issues.
Councilman Proud stated he focused on comments received from CAPE and felt that many of
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DECEMBER 06, 2006 TOWN BOARD MEETING PAGE 3
CAPE's issues had been addressed or would be addressed. For example, he stated it had been
suggested that Otter Creek had not been adequately addressed, however, he felt the issues had
been addressed. The suggestion that the applicant would be responsible for flooding issues
under SEQRA was not accurate as the applicant would be responsible for flooding on its own
site. Other developers would be responsible for their own site. The combination of all
developers would add up to protection of Otter Creek.
There was an issue regarding the size of parking spaces, which Councilman Proud stated
would be addressed during the site plan review.
Another issue was with the use of herbicides and pesticides on the site and whether they
would harm the water. Councilman Proud stated the use of herbicides and pesticides is currently
a permitted use on the Route 13 site. Their use is tightly controlled and regulated by the State
and Federal Government. The issue could potentially be addressed in the site plan review.
Issues regarding spills within the store would be addressed in the spill plan the store is
required to have. The applicant does not have any control over spills and contamination that
occur in the parking lot, such as leaking radiators and cars.
Councilman Proud stated there was a question regarding the outparcels. The Town
would be concerned with the types of businesses that would occupy the parcels as outlined by the
Town Code. The applicant indicated that outparcels would be occupied by retail or office space,
rather than restaurants.
There was also concern regarding traffic on Route 13 and Bennie Road and the impact
the Wal-Mart Supercenter PUD and the future Build Now NY site would have on traffic. The
applicant would only be responsible for the impact it had to traffic from its site; Build Now NY
would be responsible for the impact it had on traffic when its site was developed.
A final concern was regarding new services and job growth, which according to
Councilman Proud fall into an "arena of proprietary information to a certain degree." An
applicant cannot describe what would happen to a neighboring business because they do not have
the information that is proprietary to the neighboring business. While this may be a concern to
the community it is not an issue to be addressed in the Environmental Impact Statement. In
addition, Councilman Proud stated there are economic issues that can be seen from both sides of
the spectrum. He added that Wal-Mart is already in the community, and he has not heard from
anyone who wants the business to leave the community.
Overall, Councilman Proud stated the Board has given the findings statement a
"substantial amount of consideration and that the impacts identified in the statement have been
addressed." He added that the State Environmental Quality Review Act is being complied with.
RESOLUTION #214 ADOPTION OF WAL-MART SUPERCENTER FINDINGS
STATEMENT
Motion by Councilman Proud
Seconded by Councilman O'Donnell
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;
DECEMBER 06, 2006 TOWN BOARD MEETING PAGE 4
WHEREAS, an additional ten (10) day public comment period was permitted by this Board to
further solicit input on the DEIS; and
WHEREAS, on October 4, 2006, the Applicant submitted a proposed Final Environmental
Impact Statement ("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, on November 1, 2006 this Board accepted the FEIS and provided the public and
agencies with an opportunity to consider the FEIS before adopting its Findings Statement; and
WHEREAS, this Board has considered the FEIS and all comments made with respect thereto.
NOW, THEREFORE, BE IT RESOLVED THAT:
1. This Board, as SEQRA Lead Agency, hereby adopts the attached Findings Statement,
pursuant to 6 NYCRR Section 617.11; and
2. This Board hereby directs the Findings Statement be filed with the agencies and the
parties listed in 6 NYCRR Section 617.12.
3. This Board hereby directs this Resolution and the Findings Statement be filed with the
Town of Cortlandville Town Clerk.
Town Clerk Snyder recalled that in 2006 the Town entered into a contract with the
Cortland County SPCA to include coverage for the Village of McGraw. She apprised the Board
she received a $500.00 contribution from the Village of McGraw to be put towards the Town's
contract with the SPCA.
Attorney Folmer reported:
Wal-Mart Supercenter PUD Application:
Attorney Folmer apprised the Board there were some procedural items to take care of
after adopting the Findings Statement. The Board must re -refer the Wal-Mart Supercenter PUD
application to the Town Planning Board as required by Section 178-57 of the Town Code;
request the Planning Board consider comments received at the public hearing on April 11, 2006
and any additional information provided by the Applicant and to thereafter provide a PUD
recommendation to the Town Board; and direct the Applicant to send the Town Planning Board
a letter re -referring the PUD Application and any additional information necessary in order for
the Town Planning Board to issue its PUD recommendation.
The Board must also refer the Wal-Mart Aquifer Protection District special permit
application to the Town and County Planning Boards as required by Section 178-48 of the Town
Code.
RESOLUTION #215 RE -REFERRAL OF WAL-MART SUPERCENTER PUD
APPLICATION TO THE TOWN OF CORTLANDVILLE
PLANNING BOARD
Motion by Councilman Rocco
Seconded by Councilman Proud
VOTES: ALL AYE ADOPTED
WHEREAS, Wal-Mart Real Estate Business Trust ("Wal-Mart" or the "Applicant") 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 Planned Unit
Development ("PUD") Application to construct the Supercenter.
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DECEMBER 06, 2006 TOWN BOARD MEETING PAGE 5
WHEREAS, this Board, on April 6, 2005, was established as State Environmental Quality
Review Act ("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 February 1, 2006, this Board referred the PUD Application to the Town of
Cortlandville Planning Board (the "Planning Board") as required by Section 178-57 of the Town
of Cortlandville Zoning Code (the "Zoning Code"); and
WHEREAS, on February 3, 2006, this Board provided the 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
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
WHEREAS, on March 28, 2006 the Planning Board set a public hearing on the PUD for April
11, 2006.
WHEREAS, on April 11, 2006 the Planning Board held a public hearing on the PUD as required
by Section 178-57 of the Town Code.
WHEREAS, under Section 178-57 of the Town Code, the Planning Board must issue a
recommendation on the PUD within 45 days of the date of its public hearing on the PUD. The
Planning Board requested that the Town Board complete its SEQRA review before it issues a
recommendation on the PUD as required by Section 178-57.
WHEREAS, on November 6, 2006, the Town provided the Planning Board with a copy of the
FEIS and a copy of the Notice of Completion as required by 6 NYCRR 617.9(3) and 6 NYCRR
617.12(b); and
WHEREAS, on December 6, 2006 the Town Board concluded its SEQRA review of the
Supercenter.
WHEREAS, since the Planning Board has yet to issue its PUD recommendation and a great deal
of time has elapsed since the initial PUD referral to the Planning Board, the Town Board feels
that it is necessary to re -refer the PUD Application to the Planning Board as required by Section
178-57 of the Zoning Code.
WHEREAS, the Town Board requests that the Planning Board consider the information obtained
at the public hearing held on April 11, 2006 and any additional information submitted by the
Applicant and others and issue its recommendation on the PUD as required by Section 178-57.
WHEREAS, upon receipt of the PUD recommendation from the Planning Board, the Town
Board will set a public hearing on the PUD as required by Section 178-59.
NOW, THEREFORE, BE IT RESOLVED THAT:
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DECEMBER 06, 2006 TOWN BOARD MEETING
PAGE 6
1. This Board re -refers the Wal-Mart PUD .Application to the Town of Cortlandville
Planning Board as required by Section 178-57 of the Town of Cortlandville Zoning
Code; and
2. This Board hereby requests the Town of Cortlandville Planning Board to consider the
comments received at the public hearing on April 11, 2006 and any additional
information submitted by the Applicant and to thereafter provide a PUD recommendation
to the Town Board as required by Section 178-57 of the Town of Cortlandville Zoning
Code.
3. This Board hereby directs the Applicant to send the Town of Cortlandville Planning
Board a letter re -referring the PUD Application and any additional information necessary
in order for the Town of Cortlandville Planning Board to issue its PUD recommendation.
RESOLUTION #216 REFERRAL OF WAL-MART SUPERCENTER AQUIFER
PROTECTION PERMIT APPLICATION TO THE CORTLAND
COUNTY PLANNING BOARD AND THE TOWN OF
CORTLANDVILLE PLANNING BOARD
Motion by Councilman O'Donnell
Seconded by Councilman Proud
VOTES: ALL AYE ADOPTED
WHEREAS, Wal-Mart Real Estate Business Trust ("Wal-Mart" or the "Applicant") 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 along with an Aquifer Protection District application for a special
permit as required by Section 178-47 of the Town. of Cortlandville Town Code.
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 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 December 6, 2006, this Board concluded its SEQRA review of the Supercenter;
and
WHEREAS, under Section 178-49 of the Town of Cortlandville Town Code, this Board now has
the authority to issue an Aquifer Protection District special permit to the Applicant for the
construction of the Supercenter.
WHEREAS, under Section 178-48 of the Town of Cortlandville Town Code, prior to issuing a
decision on the Aquifer Protection District special permit, the Town Board must refer the
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DECEMBER 06, 2006 TOWN BOARD MEETING PAGE 7
application for such special permit to the Town of Cortlandville Planning Board and the Cortland
County Planning Board for their comments.
NOW, THEREFORE, BE IT RESOLVED THAT:
1. This Board refers the Wal-Mart Aquifer Protection District special permit application to
the Town of Cortlandville Planning Board and the Cortland County Planning Board as
required by Section 178-48 of the Town of Cortlandville Zoning Code.
Bond — Raymond G. Thorpe Municipal Building:
Attorney Folmer reported there was a closing on the bond for the continuation of the
construction/renovation of the Raymond G. Thorpe Municipal Building. After January 1, 2007
the Town would be in the position to deal with the balance of funds necessary for the building
proj ect.
BAN — Cortlandville Starr Road Park & Recreation Center:
Attorney Folmer apprised the Board he intended to close on another BAN before the end
of 2006 for the Cortlandville Starr Road Park & Recreation Center.
Conveyance of Land — Cedar Crest Drive:
Attorney Folmer reported he would submit the request to purchase land on Cedar Crest
Drive from John Murdock to the Cortland County Planning Board for their review and
recommendations.
Revised Zoning Ordinance:
Attorney Folmer questioned whether the Board was prepared to schedule a public hearing
regarding the proposed Revised Zoning Ordinance. The Board agreed to schedule a special
meeting to conduct a public hearing on December 20, 2007 at 9:00 a.m.
RESOLUTION #217 SCHEDULE SPECIAL MEETING AND PUBLIC HEARING
REGARDING LOCAL LAW — 2006, REVISED ZONING
ORDINANCE
Motion by Councilman Testa
Seconded by Councilman Proud
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, a Special Meeting and Public Hearing shall be scheduled for December 20,
2006 at 9:00 a.m. regarding Local Law — 2006, Revised Zoning Ordinance of the Town of
Cortlandville, and it is further
RESOLVED, that the Board may vote on the proposed Local Law after conducting the Public
Hearing.
RESOLUTION #218 AUTHORIZATION TO PARTICIPATE IN THE "HOLIDAY ON
ICE" PROGRAM WITH CORTLAND YOUTH BUREAU
FOR THE 2006 HOLIDAY SEASON
Motion by Councilman O'Donnell
Seconded by Councilman Rocco
VOTES: ALL AYE ADOPTED
WHEREAS, a request was received from the Cortland Youth Bureau, asking the Town to
participate again this year in the Cortland "Holiday on Ice" program, therefore
BE IT RESOLVED, the Town Board does hereby desire participation in the "Holiday on Ice"
program for the 2006 Holiday Season, and does hereby authorize paying the suggested amount
of $275.00 to accomplish the program.
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DECEMBER 06, 2006 TOWN BOARD MEETING PAGE 8
Councilman O'Donnell made a motion, seconded by Councilman Rocco, to receive and
file correspondence and documentation from Attorney Kelly Pronti, Harter Secrest & Emery
LLP., dated November 17, 2006 regarding the Wal-Mart Supercenter PUD application. All
voting aye, the motion was carried.
Councilman Rocco made a motion, seconded by Councilman Proud, to receive and file
Resolution #06-58 from the Cortland County Planning Board, dated November 15, 2006, and
correspondence from the Cortland County Planning Department, dated November 10, 2006
regarding the Zoning Text Amendment for the Wal-Mart Supercenter PUD. All voting aye, the
motion was carried.
Councilman Rocco made a motion, seconded by Councilman O'Donnell, to receive and
file correspondence from the following residents, community members, organizations, and
corporations regarding the Wal-Mart Supercenter — FEIS, received November 21, 2006 thru
December 5, 2006:
1. Nick Renzi, Town Planning Board Member, dated November 28, 2006
2. James E. Bugh, Town Planning Board Member, dated November 29, 2006
3. Christopher P. Cirmo, Ph.D., Chair of Geology, SUNY Cortland, dated November 28, 2006
4. Patrick Reity, Cortland County Soil & Water Conservation District, dated November 28, 2006
5. Randy Walls, Cortland Citizens for a Strong Economy, 721 Lime Hollow Rd., Cortlandville, received
November 30, 2006
6. M. Eaton, McGraw, dated December 3, 2006
7. Louise Albro, Wal-Mart "Fact Sheet" received December 5, 2006
8. Kim Woodman, 9 Abdallah St., Cortlandville, received December 4, 2006
9. Donna J. Workman, Cortlandville Resident, dated December 1, 2006
10. Lawrence Strauf, 1403 E. River Rd., Cortlandville, received December 6, 2006
11. Unknown Town resident, received December 4, 2006
12. Terry Sands, 12 Homestead Dr., Cortlandville, dated November 28, 2006
13. Unknown, dated December 4, 2006
14. Steven K. Rolfe, 4372 Meadow Lane, Cortlandville, dated December 1, 2006
15. Marie A. Kautz, 3283 Walden Oaks Blvd., Cortlandville, dated November 29, 2006
16. Dorothy Thornton, 238 McLean Road, Cortlandville, dated November 30, 2006
17. Glen & Gracie Potter, McGraw, received December 1, 2006
18. John Mathew Bonahm, received December 1, 2006
19. Vivian R. Coats, 4534 Locust Avenue, Cortlandville, received December 1, 2006
20. Philip Serghini, Community Affairs Manager, received December 1, 2006
21. Julia G. Ganson, 1144 Old Stage Road, Cortland, dated November 28, 2006
22. Jim Mulherin, President, Walden Oaks Homeowners Association, dated November 29, 2006
23. Sharon Stevans, 29 Hamlin Street, Cortland, dated November 30, 2006
24. LeRoy and Wilma Henry, 1614 Oakcrest St., Cortlandville, dated November 30, 2006
25. Constance A. Mack, 798 Fer-Cor Rd., Cortlandville, dated November 29, 2006
26. Kevin P. Mack. 798 Fer-Cor Rd., Cortlandville, dated November 29, 2006
27. James Ferro, 710 McLean Rd., Cortlandville, dated November 29, 2006
28. Bob Martin, 4023 Collegeview Drive, Cortlandville, dated November 29, 2006
29. Philomena Curley, 983 Beechwood Lane, Cortlandville, received November 30, 2006
30. Nancy Hansen, 14 Yong St., Cortland, dated November 29, 2006
31. Anna -Mae Artim, 714 McLean Road, Cortlandville, dated November 30, 2006
32. Richanna Patrick, 23 Atkins Ave., Cortland, dated November 29, 2006
33. Colleen Kattau, 16 James St., Cortland, dated November 29, 2006
34. Mrs Debra Quick, 924 Walden Pond Lane, Cortlandville, dated November 28, 2006
35. Mrs. Cobb, received November 30, 2006
36. Unknown, received November 30, 2006
37. Wal-Mart Fact Sheet, received November 30, 2006
38. Richard Buttny, Virgil, dated November 28, 2006
39. Catherine D. Smith, 41 Morningside Drive, Cortland, dated November 28, 2006
40. Carl & Olga Savino, 3307 Walden Oaks Blvd., Cortlandville, dated November 29, 2006
41. Jamie Dangler, CAPE, dated November 30, 2006
42. Russell White, 737 McLean Road, Cortlandville, dated November 29, 2006
43. Lydia Ferro, 710 McLean Road, Cortlandville, dated November 29, 2006
44. Jo Schaffer, 31 Pearl St., Cortland, dated November 29, 2006
45. Patricia Roiger, 795 N. Lamont, Cortlandville, dated November 26, 2006
46. David J. Parke, 668 Stupke Rd., Cortlandville, dated November 29, 2006
47. Holly S. Greer, November 28, 2006
48. Mary A. Miner, 3275 Walden Oaks Blvd., Cortlandville, November 27, 2006
49. Andrew M. Miner, 3275 Walden Oaks Blvd., Cortlandville, November 27, 2006
50. Grace Meddaugh, received November 29, 2006
51. Robert Rhodes, 1 Floral Ave., Cortland, dated November 27, 2006
52. Mechthild Nagel, 12 Frederick Ave., Cortland, dated November 27, 2006
53. Susan J. Fitts, 811 Pheasant Run, Cortlandville, dated November 25, 2006
54. Jim Myer, 92 Lincoln Ave., Cortland, received November 27, 2006
55. Arnold Talentino, 38 VanHoesen St., Cortland, dated November 21, 2006
56. Mary A. Miner, 3275 Walden Oaks Blvd., Cortlandville, dated November 18, 2006
All voting aye, the motion was carried.
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DECEMBER 06, 2006
TOWN BOARD MEETING
PAGE 9
RESOLUTION #219
AUTHORIZE SUPERVISOR TO EXECUTE CHANGE ORDER
04-02 FROM KNAPP ELECTRIC, INC. FOR THE
EXPANSION/RENOVATION OF THE RAYMOND G. THORPE
MUNICIPAL BUILDING
Motion by Councilman Testa
Seconded by Councilman Rocco
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to execute
change order 04-02 in the amount of $1,938.00 from Knapp Electric, Inc., for electrical data and
communication changes for the Expansion/Renovation of the Raymond G. Thorpe Municipal
Building.
RESOLUTION #220 REFER AQUIFER PROTECTION PERMIT APPLICATION
SUBMITTED BY HOMER CORTLAND COMMUNITY
AGENCY (BROCKWAY MUSEUM) TO THE TOWN AND
COUNTY PLANNING BOARDS FOR REVIEW AND
MMENDATIONS
Motion by Councilman Rocco
Seconded by Councilman O'Donnell
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Aquifer Protection Permit application submitted by Homer Cortland
Community Agency (Brockway Museum), for property located at 4386-4392 Route 11, tax map
#76.15-01-30.000, shall be referred to the Town and County Planning Boards for their review
and recommendations.
RESOLUTION #221 AUTHORIZE HIGHWAY SUP'T. TO PURCHASE A NEW
SKID STEER LOADER FROM THE STATE BID LIST
Motion by Councilman O'Donnell
Seconded by Councilman Rocco
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize and direct Highway Sup't. Carl
Bush to purchase a new Skid Steer Loader from the State Bid list, to replace a 2000 Skid Steer,
in an amount not to exceed $27,000.00.
RESOLUTION #222 AUTHORIZE SUPERVISOR TO EXECUTE CHANGE ORDER
#5 AND #6 FROM G. DEVENCENTIS & SON
CONSTRUCTION CO. INC. FOR THE HIGHLAND ROAD
SEWER IMPROVEMENT PROJECT
Motion by Councilman O'Donnell
Seconded by Councilman Rocco
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to execute
change order 45, in the amount of $1,019.59, and change order #6, in the amount of $452.82,
from G. Devencentis & Son Construction Co. Inc. for the Highland Road Sewer Improvement
Project.
RESOLUTION #223 AUTHORIZATION TO RELEVY DELINQUENT WATER AND
SEWER ACCOUNTS TO THE 2007 TAX ROLL OF THE TOWN
Motion by Councilman O'Donnell
Seconded by Councilman Proud
VOTES: ALL AYE ADOPTED
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DECEMBER 06, 2006 TOWN BOARD MEETING PAGE 10
WHEREAS, the list of delinquent accounts of the Water & Sewer Department of the Town was
submitted, as required, therefore
BE IT RESOLVED, the Town Board does hereby receive and forward the list of delinquent
water and sewer accounts of the Town of Cortlandville to the Cortland County Real Property
Tax Office, to be relevied onto the 2007 tax roll of the Town.
RESOLUTION #224 AUTHORIZE SUPERVISOR TO EXECUTE AGREEMENT
WITH THOMA DEVELOPMENT CONSULTANTS FOR
GRANT WRITING SERVICES RELATING TO THE 2007
STATE ARCHIVES GRANTS
Motion by Councilman Rocco
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to execute
the agreement with Thoma Development Consultants for Grant Writing Services relating to the
2007 State Archives Grants and the implementation of the Town's GIS, and it is further
RESOLVED, the fee shall not exceed $950.00.
RESOLUTION #225 AUTHORIZE APPROVAL REQUEST OF DAVID & BECKY
SANFORD FOR THE BLODGETT MILLS COMMUNITY
DEVELOPMENT HOUSING REHABILITATION PROGRAM
Motion by Councilman O'Donnell
Seconded by Councilman Rocco
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize the approval request of David and
Becky Sanford, for property located at 2310 Blodgett Mills Road, Blodgett Mills, Town of
Cortlandville, for a 100% deferred loan for the Blodgett Mills Community Development
Housing Rehabilitation Program, and it is further
RESOLVED, the work to be completed would include siding, electric, roofing, interior
carpentry, windows & doors, heating, and exterior carpentry for a total of $25,000.00.
RESOLUTION #226 AUTHORIZE APPROVAL REQUEST OF EDWARD AND
PAULINE PETTET FOR THE BLODGETT MILLS
COMMUNITY DEVELOPMENT HOUSING
REHABILITATION PROGRAM
Motion by Councilman O'Donnell
Seconded by Councilman Rocco
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize the approval request of Edward and
Pauline Pettet for property located at 3363 Kellogg Road, Blodgett Mills, Town of Cortlandville,
for a 100% deferred loan for the Blodgett Mills Community Development Housing
Rehabilitation Program, and it is further
RESOLVED, the work to be completed would include interior carpentry, windows & doors,
other, heating and plumbing for a total of $8,726.00.
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DECEMBER 06, 2006 TOWN BOARD MEETING PAGE 11
RESOLUTION #227 AUTHORIZE APPROVAL REQUEST OF SHIRLEY BREED
FOR THE BLODGETT MILLS COMMUNITY
DEVELOPMENT HOUSING REHABILITATION PROGRAM
Motion by Councilman O'Donnell
Seconded by Councilman Rocco
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize the approval request of Shirley
Breed for property located at 3356 Kellogg Road, Blodgett Mills, Town of Cortlandville, for a
100% deferred loan for the Blodgett Mills Community Development Housing Rehabilitation
Program, and it is further
RESOLVED, the work to be completed would include siding, roofing, insulation, interior
carpentry, windows & doors, heating and other for a total of $19,443.77.
RESOLUTION #228 AUTHORIZE SUPERVISOR TO EXECUTE CHANGE ORDER
#1 FROM PROCON CONTRACTING FOR THE
CORTLANDVILLE STARR ROAD PARK & RECREATION
CENTER
Motion by Councilman Testa
Seconded by Councilman Rocco
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to execute
change order 41 in the amount of $1,000.00 from Procon Contracting for the Cortlandville Starr
Road Park & Recreation Center.
Councilman Testa updated the Board regarding the progress of the Cortlandville Starr
Road Park & Recreation Center. The project is in Phase II, which included construction of
sanctioned little league baseball fields, which are complete other than the bleachers and dugouts.
Construction of the parking lot was held up due to the installation of sewer lines. Councilman
Testa thanked everyonewho has contributed their time to the project, as well as those who have
donated money towards the project.
Councilman Proud made a motion, seconded by Councilman Rocco, to receive and file
correspondence from Water & Sewer Sup't. Peter Alteri, dated December 4, 2006, requesting
approval of a refund for Mr. Glenn Ripley due to overpayment of an erroneous sewer charge.
All voting aye, the motion was carried.
RESOLUTION 4229 AUTHORIZE SUPERVISOR TO ISSUE REFUND TO GLENN
RIPLEY IN THE AMOUNT OF $254.45 FOR OVERPAYMENT
OF AN ERRONEOUS SEWER CHARGE
Motion by Councilman Proud
Seconded by Councilman Rocco
VOTES: ALL AYE ADOPTED
WHEREAS, it was brought to the Water & Sewer Superintendent's attention that Glenn Ripley,
account #17162, property located at 4516 Route 281, was erroneously charged a sewer quarterly
charge since October 1999 instead of a water quarterly charge, and
WHEREAS, there is no public sewer available to said property, and
WHEREAS, after contacting Mr. Ripley, and after an inspection of the property to verify that he
was connected to water rather than sewer, the account information was corrected, therefore
DECEMBER 06, 2006
TOWN BOARD MEETING
PAGE 12
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BE IT RESOLVED, the
$254.45 to Glenn Ripley
4516 Route 281.
Town Board does hereby authorize the Supervisor to issue a refund of
for overpayment of a service not available to his property located at
Supervisor Tupper commented on the flooding that occurred during the past year. He
explained that the Town is currently working on flooding issues within Cortlandville and in
particular the area of Starr Road, Pard Drive, and Levydale Park and affects on Plexity Creek,
which the City of Cortland is having problems with. Supervisor Tupper invited the City and the
County to sit down and discuss the flooding issues.
Councilman Proud recalled the issue with sales tax and questioned whether there was any
progress with issue after discussions took place.
Supervisor Tupper informed the Board the discussions regarding sales tax ended after it
was decided to enhance the City's funding and leave the Town alone. There was discussion
regarding the establishment of a special economic development fund, in which sales tax revenue
would be deposited in the fund for all towns and villages in the County to access. However, the
fund was not created.
No further comments or discussion were heard.
Councilman Rocco made a motion, seconded by Councilman Testa, to adjourn the
Regular Meeting. All voting aye, the motion was carried.
The meeting was adjourned at 7:55 p.m.
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Respectfully submitted,
44�
Karen Q. Snyder, RMC
Town Clerk
Town of Cortlandville