HomeMy WebLinkAbout07-05-2007138
JULY 05, 2007
7:00 P.M.
TOWN BOARD MEETING
The Regular Town Board Meeting of the Town Board of the Town of Cortlandville was
held at the Raymond,G. Thorpe Municipal Building, 3577 Terrace Road, Cortland, New York,
with 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; Planning Board Member, Nick Renzi;
Sandy and Vittorio Panzanella, owners of the Yellow Lantern Kampground; Laurence Hinkle;
Representative of C.A.P.E.: Arnold Talentino; and Grace Meddaugh for Channel 2, Access TV.
Supervisor Tupper called the meeting to order.
Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and
file the Board of Assessment Review Minutes of May 22, 2007. All voting aye, the motion was
carried.
RESOLUTION #133 AUTHORIZE PAYMENT OF VOUCHERS — JULY
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 #370 - 400
$
83,063.20
General Fund B
B65 - B76
$153,217.47
Highway Fund DA
DA8 - DA12
$
960.51
Highway Fund DB
D242 - D260
$
60,132.69
Water Fund
W123 - W133
$
8,955.05
Sewer Fund
S60 - S60
$
594.34
Capital Projects
H43 - H44
$
2,437.30
Supervisor Tupper offered privilege of the floor to Laurence Hinkle.
Laurence Hinkle, 726 Sleepy Hollow Road, apprised the Board he hired a company to
install a new liner in his pool on June 20-21, 2007. After the work was complete, he used 28,100
gallons of town water to fill his pool. Mr. Hinkle requested the Board relieve his sewer charges
for the 28,100 gallons' of water that did not actually go through the sewer.
Attorney Folmer suggested the Board table action on Mr. Hinkle's request to allow time
to investigate the matter.
Supervisor Tupper offered privilege of the floor to Sandy Panzanella
Sandy Panzanella, owner of the Yellow Lantern Kampground, submitted a letter to the
Board and voiced her' concerns regarding odors and fumes emitted by Suit-Kote Corporation at
both the Loring Crossing and Polkville facilities. Mrs. Panzanella commented on remarks made
by Dick Schutz of Suit-Kote Corp. at a prior Planning Board Meeting, that there were no issues
with odor and fumes at the facility. Mrs. Panzanella commented that Suit-Kote is a large
employer in the Cortland area, and is an integral part of transportation. However, Suit-Kote
should be "made to adhere to the same laws and regulations as any other business that has a
serious environmental impact." Mrs. Panzanella was very concerned with what the future would
bring if Suit-Kote Corp. expands.
The Board discussed Mrs. Panzanella's concerns and concluded that the Town CEO and
a member of the Board should visit the Loring Crossing facility.
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JULY 05, 2007 TOWN BOARD MEETING PAGE 2
Mr. Panzanella also commented on the situation and his dissatisfaction with the odors and
fumes from Suit-Kote Corp., which affect his business at the Yellow Lantern Kampground and
the quality of life for surrounding property owners.
Supervisor Tupper offered privilege of the floor to Nick Renzi.
Planning Board member, Nick Renzi apprised the Board that Dick Schutz of Suit-Kote
Corp. appeared before the Planning Board at their last meeting. The subject of odor was
discussed. Planning Board Secretary, Joan Fitch pointed out that she could smell odors from the
Polkville Plant in the Village of McGraw. During the course of conversation Mr. Schutz
described how the trucks are loaded and that the material must be level. Mr. Renzi suggested
that Suit-Kote Corp. use a weigh station to weigh the material instead of dumping the asphalt.
Mr. Renzi felt it was a good idea for a Code Enforcement Officer to visit the Suit-Kote facility.
Supervisor Tupper offered privilege of the floor to Councilman O'Donnell.
Councilman O'Donnell apprised the Board the pedestrian bridge in the Village of
McGraw was installed and was being utilized by the public.
The monthly reports of the Town Clerk, Code Enforcement Office, and Supervisor, for
the month of June 2007 were on the table for review and are filed in the Town Clerk's Office.
Councilman Rocco reported that "dumping" at the Salvation Army Store had greatly
improved.
Councilman Rocco also commented that the Sheriff's Department would continue to put
the radar speed trailers on NYS Route 222 to help make drivers aware of the new 45 mph speed
limit.
Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and
file correspondence from Sandy Panzanella, owner of the Yellow Lantern Kampground,
regarding the odors and fumes emitted by Suit-Kote Corporation at both the Loring Crossing and
Polkville facilities. All voting aye, the motion was carried.
RESOLUTION #134 ACKNOWLEDGE RECEIVING NOTICE OF PETITION
FOR REVIEW OF ASSESSMENT FROM
VERIZON NEW YORK, INC.
Motion by Councilman O'Donnell
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby acknowledge, by receiving and filing, the
Notice of Petition, regarding their current assessment, from Verizon New York, Inc.
Attorney Folmer reported:
Acquisition of Land on Cedar Crest Drive:
With regard to the acquisition of land on Cedar Crest Drive from John and Catherine
Murdock, Attorney Folmer reported that he was waiting for the mylar map to be signed by the
County Health Department before it could be filed and recorded with the County Clerk.
Bond Anticipation Note:
Attorney Folmer reported that he and Supervisor Tupper discussed the necessity of
authorizing a new Bond Anticipation Note in the amount of $200,000 to finish the
Expansion/Renovation of the Raymond G. Thorpe Municipal Building. Attorney Folmer
requested the Board adopt a resolution authorizing the issuance of a BAN for the municipal
building at a later date.
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JULY 05, 2007
TOWN BOARD MEETING
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Salvation Army Store:
Attorney Folmer apprised the Board the letter that he sent to the Salvation Army Store,
dated June 18, 2007, was returned to him because the business does not have a mail receptacle.
Attorney Folmer hand delivered his letter to the Salvation Army.
Councilman Proud made a motion, seconded by Councilman Rocco, to receive and file
correspondence from Diana Graser, P.E., NYS DOT, dated June 21, 2007, regarding the Town's
request to reduce the area speed limit on Davinci Drive, Madden Lane, and Raphael Drive. All
voting aye, the motion was carried.
Councilman Rocco made a motion, seconded by Councilman O'Donnell, to receive and
file Cortland County Planning Board Resolution No. 07-26, regarding the Aquifer Protection
Permit application submitted by APD Engineering for Wal-Mart Stores Inc., property located off
NYS Route 13, tax map #105.00-01-22.211. All voting aye, the motion was carried.
Councilman Proud commented on the County Planning Board's recommendations with
regard to the relocation of Bennie Road. Councilman Proud suggested the word "road" be
removed from the first sentence, which reads "the realignment of Bennie Road being built to
Town road specifications." Councilman Proud stated the Town discussed constructing the road
to higher specifications than existing Town road specifications.
The Board agreed with Councilman Proud's suggestion.
Councilman Rocco made a motion, seconded by Councilman O'Donnell, to receive and
file Cortland County Planning Board Resolution No. 07-27, regarding the Aquifer Protection
Permit application submitted by Farmington Lawn Care, Inc. for property located off NYS Route
13, owned by Melvin & Philip Simon, tax map #95.16-02-48.000, 96.13-01-01.000, & 96.13-01-
02.000. All voting aye, the motion was carried.
RESOLUTION #135 SCHEDULE PUBLIC HEARING REGARDING AQUIFER
PROTECTION PERMIT APPLICATION SUBMITTED BY
FARMINGTON LAWN CARE, INC. FOR PROPERTY
LOCATED OFF NYS ROUTE 13
Motion by Councilman Rocco
Seconded by Councilman O'Donnell
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, a Public Hearing shall be scheduled for July 18, 2007 at 5:00 p.m. regarding
the Aquifer Protection Permit application submitted by Farmington Lawn Care, Inc. for property
located off NYS Route 13, owned by Melvin & Philip Simon, tax map 495.16-02-48.000, 96.13-
01-01.000, & 96.13-01-02.000.
Councilman Proud made a motion, seconded by Councilman Rocco, to receive and file
Cortland County Planning Board Resolution No. 07-28, regarding the Aquifer Protection Permit
application submitted by Marshall Family Assoc., property located off US Route 11, tax map
#97.02-01-24.000. All voting aye, the motion was carried.
Councilman O'Donnell made a motion, seconded by Councilman Rocco, to receive and
file Cortland County Planning Board Resolution No. 07-29, regarding the proposed Local Law
of 2007 — Revised Zoning Ordinance of the Town of Cortlandville. All voting aye, the motion
was carried.
JULY 05, 2007
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TOWN BOARD MEETING
PAGE 4
RESOLUTION 4136
SCHEDULE PUBLIC HEARING FOR PROPOSED LOCAL
LAW OF 2007 — REVISED ZONING ORDINANCE
Motion by Councilman Testa
Seconded by Councilman Rocco
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby schedule a Public Hearing for August 1, 2007 at
7:00 p.m. or soon thereafter, regarding the enactment of a Local Law of 2007 that would revise the
Zoning Code of the Town of Cortlandville.
RESOLUTION #137 REFER AQUIFER PROTECTION PERMIT APPLICATION
SUBMITTED BY KOST TIRE & AUTO CARE TO THE TOWN
AND COUNTY PLANNING BOARDS FOR REVIEW
AND RECOMMENDATIONS
Motion by Councilman Proud
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Aquifer Protection Permit application submitted by Kost Tire & Auto
Care, for property located at 1013 NYS Route 13, owned by Gerald A. Pollock, tax map 496.09-
02-06.000, shall be referred to the Town and County Planning Boards for their review and
recommendations.
RESOLUTION #138 ACCEPT RESIGNATION OF BRUCE WEBER
AS TOWN CODE ENFORCEMENT OFFICER
Motion by Councilman Testa
Seconded by Councilman Proud
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby accept the resignation for retirement of Bruce
Weber as Code Enforcement Officer for the Town of Cortlandville, with deep regret, effective
July 9, 2007, and it is further
RESOLVED, the resignation is hereby received and filed.
RESOLUTION #139 AUTHORIZE SUPERVISOR TO ENTER INTO DISCUSSION
WITH BRUCE WEBER WITH REGARD TO WORKING AS A
CONSULTANT FOR THE TOWN
Motion by Councilman Testa
Seconded by Councilman Proud
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board hereby authorizes and directs the Supervisor to enter into
discussion with Bruce Weber with regard to him working as a consultant for the Town on a
reduced schedule, and it is further
RESOLVED, the Board authorizes the Supervisor to negotiate a salary with Mr. Weber.
RESOLUTION #140 AUTHORIZE SUPERVISOR TO EXECUTE CONTRACT WITH
VALLEY VIEW GARDENS FOR LANDSCAPING AT THE
RAYMOND G. THORPE MUNICIPAL BUILDING
Motion by Councilman Rocco
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
JULY 05, 2007 TOWN BOARD MEETING PAGE 5
BE IT RESOLVED, the Town Board hereby authorizes and directs the Supervisor to execute the
contract with Valley View Gardens for landscape restoration at the Raymond G. Thorpe
Municipal Building, in an amount not to exceed $12,065.00.
Councilman Proud made a motion, seconded by Councilman Testa, to receive and file
correspondence from the Town of Groton, dated June 28, 2007, regarding the application for a
Variance for a bulk tank, submitted by Robert Fouts for property located at 1393 NYS Route
222. All voting aye, the motion was carried.
Councilman Proud made a motion, seconded by Councilman Testa, to receive and file
correspondence from Mark Frechette, P.E., NYS DOT, regarding a Public Meeting scheduled for
July 18, 2007 at 10:00 a.m. at the Cortlandville Fire Station, to discuss the proposed program of
projects in Cortland County for the years 2007-2012. All voting aye, the motion was carried.
Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and
file correspondence from Mayor Robert Freeman, Village of McGraw, dated June 28, 2007,
regarding property in the Town of Cortlandville, outside the Village of McGraw, that is
collapsing and a hazard. All voting aye, the motion was carried.
RESOLUTION #141 AUTHORIZE CHANGE ORDER 01-10 FROM DIAMOND &
THIEL CONSTRUCTION CO. FOR THE EXPANSION/
RENOVATION OF THE RAYMOND G. THORPE MUNICIPAL
BUILDING
Motion by Councilman Proud
Seconded by Councilman Rocco
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board hereby authorizes and directs the Supervisor to execute
change order 01-10 from Diamond & Thiel Construction Co. in the amount of $6,520.00, for the
Expansion/Renovation of the Raymond G. Thorpe Municipal Building.
Supervisor Tupper reported that he and Councilman Testa met with Atlantic Inland to
discuss the Fire Prevention Code that must be adopted by the Town. Another meeting would be
held on July 11, 2007 between Atlantic Inland and Supervisor Tupper, Councilman Testa,
Attorney Folmer, and CEO Tom Williams.
No further comments or discussion were heard.
Councilman Testa made a motion, seconded by Councilman Proud, to adjourn the
Regular Meeting. All voting aye, the motion was carried.
The meeting was adjourned at 7:50 p.m.
Respectfully submitted
Karen Q. Snyder, RMC
Town Clerk
Town of Cortlandville
*Note: The draft version of this meeting was submitted to the Town Board for their review on July 18, 2007.