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MAY 16, 2007
5:00 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 Member, Nick Renzi; John Carroll; Representatives of C.A.P.E.: Robert Rhodes,
Catherine Smith, and Andrea Rankin; Bob Martin; and News Reporter, Evan Geibel from the
Cortland Standard.
Supervisor Tupper called the meeting to order.
RESOLUTION #102 AUTHORIZE PAYMENT OF VOUCHERS — MAY
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 #273 - 296
$
78,668.70
General Fund B
B31 - B43
$
6,690.30
Highway Fund DB
D153 - D176
$
50,595.78
Water Fund
W82 - W93
$
10,551.10
Sewer Fund
S39 - S46
$
10,767.77
Trust & Agency
T9 - T10
$
32,365.95
Capital Projects
H33 - H36
$
62,324.23
Special Grant
SG23 - SG26
$
12,460.59
Supervisor Tupper offered privilege of the floor to Town Justice, Francis Casullo.
Justice Casullo apprised the Board that the Court has been getting busier and busier. As a
result, the Court Clerks have not been getting their lunch hour on Mondays and often leave after
4:30 p.m.
Justice Casullo stated he spoke with the Bookkeeper, Supervisor Tupper, and his Court
Clerks. In order to rectify the problem, he proposed that starting Friday, June 4, 2007 one clerk
would be allowed to leave at 12:30 p.m. for the day. This would be on a short-term basis, and as
long as the clerks continued to miss their lunch hour.
Justice Casullo explained that he had preliminary discussions with the District Attorney
(DA) and a short discussion with the Public Defender regarding the need to add another court
day. He hoped that another court day would be added by the end of the year, which would
alleviate many problems.
Attorney Folmer questioned whether Justice Casullo would set aside an extra day for
non -criminal vehicle and traffic cases.
Justice Casullo explained he proposed to the DA that he handle some of the criminal
matters on Thursdays that the DA was not seeking incarceration for. Sentencing would be left
up to the discretion of the court. The DA would not have to be present. Private attorneys or
public defenders would appear with the defendants. This would help clear Monday's criminal
calendar. Justice Casullo also suggested that simple arraignments could be handled on a day
other than Mondays.
Supervisor Tupper explained that because employees do not get paid for their overtime,
they are entitled to flex-time/comp time. He stated that as long as the Court Clerks were willing
to work through their lunch on Monday in order to get a 1/2 day on Friday, it was to the Town's
advantage. The Highway Department is the only department that has overtime budgeted.
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MAY 16, 2007
TOWN BOARD MEETING
PAGE 2
Supervisor Tupper offered privilege of the floor to Robert Rhodes.
Robert Rhodes, representing C.A.P.E., asked to read a letter to the Board regarding the
events of a past Town Board Meeting.
Supervisor Tupper informed Mr. Rhodes that because his comments did not have
anything to do with the items on the agenda he would not accept oral comments at this time, as
"privilege of the floor is a privilege." He asked that Mr. Rhodes put his comments in writing.
Supervisor Tupper offered privilege of the floor to Andrea Rankin.
Andrea Rankin informed the Board that a Planning Executive Meeting would be held
May 23, 2007.
Monthly reports of the Supervisor and Town Justice for the month of April 2007 were on
the table for review and are filed in the Town Clerk's office.
Under old business, Councilman Proud stated there were some concerns regarding the
Town allowing citizens to park at the Lime Hollow Road pump house when utilizing the Lime
Hollow Nature Center trail. Town resident, Meghan Connelly voiced her concern to Councilman
Proud regarding her concerns because her property is adjacent to the trail and the proposed
parking area. Ms. Connelly was also concerned with the safety of the hikers. He planned to
meet with Ms. Connelly regarding her concern.
Supervisor Tupper felt that the Town could accommodate Ms. Connelly with regard to
her concerns.
RESOLUTION #103 AUTHORIZE CHANGE ORDER 01-09 FROM DIAMOND &
THIEL CONSTRUCTION CO. AND 04-05 FROM KNAPP
ELECTRIC, INC. FOR THE EXPANSION/RENOVATION OF
THE RAYMOND G. THORPE MUNICIPAL BUILDING
Motion by Councilman Proud
Seconded by Councilman O'Donnell
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board hereby authorizes and directs the Supervisor to execute
change order 01-09 from Diamond & Thiel Construction Co. in the amount of $8,748.00, and
change order 04-05 from Knapp Electric, Inc. in the amount of $6,204.00, for the
Expansion/Renovation of the Raymond G. Thorpe Municipal Building.
Attorney Folmer did not have any business to discuss, however he did compliment
Justice Casullo. He apprised the Board that he had the opportunity to speak with other members
of the BAR Association. Each and every person commented that "the manner in which Justice
Casullo is operating his court in the Town of Cortlandville is exemplary and appreciated by all
members of the BAR." He stated that Justice Casullo runs the most efficient and effective
Justice Court he has seen in many years.
RESOLUTION #104 SCHEDULE PUBLIC HEARING REGARDING AQUIFER
PROTECTION PERMIT APPLICATION SUBMITTED BY
GERALD V. RUGGIERO FOR PROPERTY LOCATED ON
MCLEAN ROAD
Motion by Councilman Proud
Seconded by Councilman Rocco
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, a Public Hearing shall be scheduled for June 6, 2007 at 7:00 p.m, regarding
the Aquifer Protection Permit application submitted by Gerald V. Ruggiero for property located
on McLean Road, tax map #96.09-01-25.100 & 96.09-01-25.200.
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MAY 16, 2007
TOWN BOARD MEETING
PAGE 3
There was discussion regarding the contract between the Town and Germain & Germain
LLP.
Attorney Folmer explained that the proposal to hire Germain & Germain, LLP. was to
represent the interest of the Town regarding the Article 78 proceeding commenced by C.A.P.E.
with regard to the Wal-Mart Supercenter PUD application. Attorney Folmer explained why the
Town was seeking outside counsel, which was similar to why Wal-Mart was not continuing with
representation by Attorney Kelly Pronti and Harter Secrest & Emery, LLP.
Attorney Folmer explained it was Wal-Mart's theory that because of Harter Secrest &
Emery's deep involvement in the permitting process, they thought there should be an
independent look at the process in defense of the action that has been commenced. Attorney
Folmer agreed with the theory, and stated it was in the Town's best interest to be represented by
someone who has not been involved in the permitting process as he had.
Attorney Folmer stated it was appropriate for the Town to hire outside counsel to handle
the Article 78 proceeding. He commented that Germain & Germain was a very competent firm
and has experience with similar Article 78 proceedings.
Attorney Folmer advised the Board that public comment with regard to the progress and
the strategy involved in the defense of the action should not be discussed publicly. A court date
was scheduled for June 20, 2007 in the Supreme Court in Norwich, New York.
RESOLUTION #105 AUTHORIZE SUPERVISOR TO EXECUTE CONTRACT WITH
GERMAIN & GERMAIN. LLP. COUNSELORS AT LAW
Motion by Councilman Rocco
Seconded by Councilman O'Donnell
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board hereby authorizes and directs the Supervisor to execute the
contract with Germain & Germain, LLP., Counselors at Law, to provide legal services for the
Town with regard to the Article 78 action filed by Citizens for Aquifer Protection and
Employment (C.A.P.E.) against the Town of Cortlandville and Wal-Mart Stores East, L.P.
RESOLUTION #106 AUTHORIZE APPROVAL REQUEST OF RICHARD PARKER
FOR THE BLODGETT MILLS COMMUNITY
DEVELOPMENT HOUSING REHABILITATION PROGRAM
Motion by Councilman Proud
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize the approval request of Richard
Parker for property located at 2293 Blodgett Mills Road in the 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 painting, electric, exterior carpentry,
interior carpentry and roofing for a total of $26,500.00, and it is further
RESOLVED, Mr. Parker would contribute $8,150.00 of his personal funds towards the project.
RESOLUTION #107 AUTHORIZE SUPERVISOR TO EXECUTE EXTRA WORK
CONTRACT WITH CLOUGH HARBOUR & ASSOCIATES,
LLP FOR PHASE II OF THE CORTLANDVILLE STARR
ROAD PARK & RECREATION CENTER PROJECT
Motion by Councilman O'Donnell
Seconded by Councilman Proud
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board hereby authorizes and directs the Supervisor to execute the
extra work contract with Clough Harbour & Associates, LLP for construction administration and
observation services for Phase II of the Cortlandville Starr Road Park & Recreation Center
project, in an amount not to exceed $11,320.00.
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MAY 16, 2007
TOWN BOARD MEETING
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There was discussion regarding the proposed Revised Zoning Ordinance. Supervisor
Tupper explained that at his request the proposed Local Law was forwarded to the urban
planning department at Clough Harbour & Associates. The urban planner reviewed the
document and made corrections. Supervisor Tupper felt that the revised ordinance was superior
to the previous drafts.
RESOLUTION #108 RECEIVE AND FILE PROPOSED LOCAL LAW OF 2007 —
REVISED ZONING ORDINANCE DATED MAY 2, 2007 AND
REFER TO THE TOWN AND COUNTY PLANNING BOARDS
FOR REVIEW AND RECOMMENDATIONS
Motion by Councilman O'Donnell
Seconded by Councilman Proud
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board hereby receives and files the proposed Local Law of 2007
— Revised Zoning Ordinance, dated May 2, 2007, and it is further
RESOLVED, the proposed Local Law shall be referred to the Town and County Planning
Boards for their review and recommendations.
Supervisor Tupper questioned whether there were any further comments or discussion.
Councilman Rocco questioned whether Supervisor Tupper had any information regarding
the bio-diesel plant proposed for the Polkville area, and questioned what the process was.
Supervisor Tupper apprised the Board he had the opportunity to meet with the State
Commissioner of Agriculture, Dr. Cross, President of Morrisville College, and Senator Seward
who has been very active in bio-fuels. He explained that the company had been negotiating with
the entire group, including the IDA/BDC, to finalize the $14 million building project. It was
anticipated that there would be $47 million local economic effect, which would include salaries
and what would be purchased locally. The Commissioner of Agriculture hoped that some of the
County's abandoned agricultural land would be put back into production, as the County is very
well suited for growing soybeans. The price per bushel would increase and reduce the high
transportation cost of shipping.
Supervisor Tupper stated that Polkville would be an ideal location for the plant. There
are four or five auxiliary companies, which include research and engineering companies that are
already looking to locate their businesses in Polkville. He reported that Dr. Cross stated he
hoped to be around in ten years to see the growth of the valley, which he thought would be full
of high-tech bio-fuel operations.
Councilman Rocco questioned whether there were other plants in New York State that
the Board may be able to visit.
Supervisor Tupper informed Councilman Rocco that there are other plants in the State.
He apprised the Board he received information in the mail regarding the bio-fuel plants, which is
a natural process - there are no hydrocarbons. , Diesel fuel would be produced out of soybeans at
the proposed plant, which would be strictly used for locomotives. If the plant is successful, it
would want to produce diesel fuel for the military, the State, and perhaps start selling it locally.
Suit-Kote Corporation would benefit from the plant, as they planned to move their product by
rail.
Councilman O'Donnell added that the property was in the Empire Zone of Polkville.
No further comments or discussion were heard.
Councilman Testa made a motion, seconded by Councilman Rocco, to adjourn the
Regular Meeting. All voting aye, the motion was carried.
The meeting was adjourned at 5:40 p.m.
Resp ctfully submitted,
Karen Q. Snyder, RM
Town Clerk
Town of Cortlandville
*Note: The draft version of this meeting was submitted to the Town Board for their review on June 20, 2007.