HomeMy WebLinkAbout08-15-2007I
AUGUST 15, 2007
5:00 P.M.
PUBLIC HEARING NO. 1
AQUIFER PROTECTION PERMIT
MARSHALL FAMILY ASSOCIATES
US ROUTE 11
TAX MAP #97.02-01-24.000
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 Aquifer Protection Permit application submitted by Marshall Family Associates permitting
the addition of a 10,000 gallon above ground fuel tank at an existing fuel station. The property is
located on the east side of US Route 11, immediately south of Interstate Route 81, exit 410, tax
map parcel 497.02-01-24.000.
Members present:
Absent:
Supervisor, Richard C. Tupper
Councilman, Edwin O'Donnell
Councilman, Ronal L. Rocco
Councilman, John C. Proud
Town Clerk, Karen Q. Snyder
Councilman, Theodore V. Testa
Others present were: Town Attorney, John Folmer; Planning Board Member; Nick
Renzi; Patti Riotto, 548 McLean Road; Wilma Pudderbaugh, 3585 Terrace Road; Mary Clare
and Matthew Pennello, 820 S. Lamont; Bud and Linda Harter, 3721 Harter Rd.; Case Marshall,
for Marshall Family Associates; Patrick Reidy, Cortland County Soil & Water Conservation
District; Sandy Panzanella, Yellow Lantern Kampground; George Ottenschot, 4530 NYS Route
281; Evan Geibel, News Reporter for the Cortland Standard; Grace Meddaugh for Channel 2,
Access TV.
Supervisor Tupper called the Public Hearing to order.
Town Clerk, Karen Q. Snyder read aloud the published, posted and filed legal notice
Supervisor Tupper offered privilege of the floor to those in attendance.
Bud Harter, who resides behind the exit #10 fuel station, voiced his concern regarding the
decrease of his property value due to the installation of tanks. Mr. Harter was also concerned
that the elevation of the fuel tanks is higher than his property. In the event of a fuel spill, his
property would be greatly affected.
Councilman Rocco questioned whether the applicant was in attendance to explain the
proposed application.
Case Marshall, the applicant, apprised those in attendance the application was to add a
10,000 gallon storage tank to the existing fuel station. The storage tank would follow Town
specifications, which is 150% of tank volume. The dike would hold 15,000 gallons to ensure
that at anytime the dike could hold whatever is in the tank as well as rainwater, etcetera.
Mr. Marshall explained that the dikes must be drained on occasion. The NYS DEC
issued a SPEDES permit for the facility, which allows the dikes to be drained as needed.
Mr. Marshall apprised the Board the site is a travel plaza and has a Dunkin' Donuts,
Quiznos, a convenient store, and Citgo Gas Station. Someone is onsite 24-hours a day.
Councilman Proud questioned whether samples are taken from the containment area, and
questioned how the product is released.
Mr. Marshall stated if there is noticeable evidence of any product it must be tested before
it is released, per the SPEDES permit. To release water you simply open the valve, which must
be monitored.
Councilman Proud questioned why a roof would not be put on the storage area.
The applicant explained that a roof was not included because of the added expense and
the maintenance. Mr. Marshall added that very few bulk storage facilities have roofs.
No further comments or discussion were heard.
Councilman Proud made a motion, seconded by Councilman Rocco, to close the Public
Hearing. All voting aye, the motion was carried.
1
1
1
The Public Hearing was closed at 5:15 p.m.
183
AUGUST 15, 2007
5:15 P.M.
PUBLIC HEARING NO. 2
AQUIFER PROTECTION PERMIT
KOST TIRE AUTO CARE
1013 NYS ROUTE 13
TAX MAP #96.09-02-06.000
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 Aquifer Protection Permit application submitted by Kost Tire Auto Care Inc., for property
owned by Gerald A. Pollock, permitting the use of a vacant commercial building as a tire
sales/automobile repair facility. The property is located on the northwest side of NYS Route 13,
between Terrace Road and Pleasantview Drive, tax map parcel 496.09-02-06.000.
Members present:
Absent:
Supervisor, Richard C. Tupper
Councilman, Edwin O'Donnell
Councilman, Ronal L. Rocco
Councilman, John C. Proud
Town Clerk, Karen Q. Snyder
Councilman, Theodore V. Testa
Others present were: Town Attorney, John Folmer; Planning Board Member, Nick
Renzi; Patti Riotto, 548 McLean Road; Wilma Pudderbaugh, 3585 Terrace Road; Mary Clare
and Matthew Pennello, 820 S. Lamont; Bud and Linda Harter, 3721 Harter Rd.; Case Marshall,
for Marshall Family Associates; Patrick Reidy, Cortland County Soil & Water Conservation
District; Sandy Panzanella, Yellow Lantern Kampground; George Ottenschot, 4530 NYS Route
281; Evan Geibel, News Reporter for the Cortland Standard; Grace Meddaugh for Channel 2,
Access TV.
Supervisor Tupper called the Public Hearing to order.
Town Clerk, Karen Q. Snyder read aloud the published, posted and filed legal notice.
Supervisor Tupper explained that the applicant notified the Town that he would not be
present at the public hearing.
Supervisor Tupper offered privilege of the floor to those in attendance.
Wilma Pudderbaugh, 3588 Terrace Road, voiced her concerns regarding the installation
of a fence.
Supervisor Tupper apprised the Board he spoke with Mrs. Pudderbaugh prior to the
meeting. He explained that corrections were made to the site plan at the last Planning Board
meeting to extend the fence. The fence would protect Mrs. Pudderbaugh's side yard and
backyard as well as the property along Terrace Road. Also, Mrs. Pudderbaugh agreed that if
Kost Tire needed to remove the shrubs along her property line to install the fence she would
permit it.
Councilman Rocco provided Mrs. Pudderbaugh with the Town Code Enforcement
Officer's business card. He commented that the owner of Kost Tire Auto Care has two facilities
— one in Cortland and one in Syracuse. Councilman Rocco believed that the facility would be
well maintained.
No further comments or discussion were heard.
Councilman Proud 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 5:22 p.m.
18 `i
AUGUST 15, 2007
5:22 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:
Absent:
Supervisor, Richard C. Tupper
Councilman, Edwin O'Donnell
Councilman, Ronal L. Rocco
Councilman, John C. Proud
Town Clerk, Karen Q. Snyder
Councilman, Theodore V. Testa
Others present were: Town Attorney, John Folmer; Planning Board Member, Nick
Renzi; Patti Riotto, 548 McLean Road; Wilma Pudderbaugh, 3585 Terrace Road; Mary Clare
and Matthew Pennello, 820 S. Lamont; Bud and Linda Harter, 3721 Harter Rd.; Case Marshall,
for Marshall Family Associates; Patrick Reidy, Cortland County Soil & Water Conservation
District; Sandy Panzanella, Yellow Lantern Kampground; George Ottenschot, 4530 NYS Route
281; Evan Geibel, News Reporter for the Cortland Standard; Grace Meddaugh for Channel 2,
Access TV.
Supervisor Tupper called the meeting to order.
Councilman O'Donnell made a motion, seconded by Councilman Rocco, to receive and
file the Special Town Planning Board Minutes of July 24, 2007. All voting aye, the motion was
carried.
RESOLUTION #165 AUTHORIZE PAYMENT OF VOUCHERS — AUGUST
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 #449 - 471
$
73,873.59
General Fund B
B95 - B102
$
3,306.48
Highway Fund DB
D304 - D325
$
63,271.77
Water Fund
W 159 - W 167
$
9,008.40
Sewer Fund
S66 - S74
$
90,079.59
Trust & Agency
T15 - T16
$
32,048.55
Capital Projects
H51 - H54
$
67,853.25
Supervisor Tupper offered privilege of the floor to Patti Riotto.
Patti Riotto spoke on behalf of her parents, John and Betty Petrella who reside at 495
McLean Road. The Petrellas were having continuous water problems, as a result of being on the
end of the water and sewer line. Mrs. Riotto provided the Board with photos of one of the toilets
in the house, and explained that the water problem exists in the toilets, the shower and the sinks.
The Petrellas had a high amount of sand and sediment in their water, which they felt was worse
after the Cortlandville Fire Department flushes the hydrant near their home.
Mrs. Riotto apprised the Board that Water & Sewer Sup't. Peter Alteri, Jr. was aware of
the problem as he paid a visit to the Petrellas home. However, Mrs. Riotto questioned whether
there was anything the Board could do to remedy the problem.
Councilman Rocco explained that he used to live on the end of the water line and had to
replace his boiler after three years due to all the mineral deposit.
Supervisor Tupper suggested that Sup't. Alteri and Town Engineer Hayne Smith visit the
Petrella residence to see if the problem could be resolved. A representative from the Town
would be in contact with Mrs. Riotto.
1
1
1
1.8 S
AUGUST 15, 2007 TOWN BOARD MEETING PAGE 2
Supervisor Tupper offered privilege of the floor to Nick Renzi.
Planning Board member, Nick Renzi commented on the monthly report submitted by the
Town Code Enforcement Officer. Mr. Renzi requested a more elaborate report from the Town
CEO, as he thought the report should include more detailed information.
Councilman Rocco suggested the Board provide a copy of Mr. Renzi's comments to the
Code Enforcement Officer for his input.
Supervisor Tupper thanked Mr. Renzi for his comments, however he was glad that after
ten years the Board was receiving a monthly report from the CEO.
The monthly reports of the Town Justice, Supervisor, and Water & Sewer Dept. for the
month of July 2007 were on the table for review and are filed in the Town Clerk's Office.
Councilman Proud made a motion, seconded by Councilman O'Donnell, to receive and
file recommendations from the Cortland County Planning Department, dated July 6, 2007,
regarding the Aquifer Protection Permit application submitted by Kost Tire Auto Care for
property located at 1013 NYS Route 13, tax map #96.09-02-06.000. All voting aye, the motion
was carried.
Councilman Proud made a motion, seconded by Councilman O'Donnell, to receive and
file Resolution #07-31 from the Cortland County Planning Board, dated July 11, 2007, regarding
the Aquifer Protection Permit application submitted by Kost Tire Auto Care for property located
at 1013 NYS Route 13, tax map #96.09-02-06.000. All voting aye, the motion was carried.
Attorney Folmer and the Board reviewed the SEQR Short Environmental Assessment
Form for the Aquifer Protection Permit application submitted by Marshall Family Associates for
property located off US Route 11.
RESOLUTION #166 DECLARE NEGATIVE IMPACT FOR AQUIFER
PROTECTION PERMIT #6 OF 2007 SUBMITTED BY
MARSHALL FAMILY ASSOCIATES FOR PROPERTY
LOCATED OFF US ROUTE 11
Motion by Councilman Proud
Seconded by Councilman O'Donnell
VOTES: ALL AYE ADOPTED
WHEREAS, an Aquifer Protection Permit application was submitted by Marshall Family
Associates, permitting the addition of a 10,000 gallon above ground fuel tank at an existing fuel
station, for property located on the east side of US Route 11, immediately south of Interstate
Route 81, exit #10, tax map parcel #97.02-01-24.000, and
WHEREAS, the Town Board as Lead Agent, duly reviewed and completed the Short
Environmental Assessment Form, therefore
BE IT RESOLVED, the Town Board as Lead Agent, does hereby declare the proposed project of
Marshall Family Associates, Aquifer Protection Permit #6 of 2007, shall have no significant
environmental impact.
RESOLUTION 4167 AUTHORIZE SUPERVISOR TO SIGN SEQRA APPLICATION
OF AQUIFER PROTECTION PERMIT #6 OF 2007
Motion by Councilman Proud
Seconded by Councilman O'Donnell
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Supervisor is hereby authorized and directed to sign the SEQRA
application relating to Aquifer Protection Permit #6 of 2007, submitted by Marshall Family
Associates.
AUGUST 15, 2007
TOWN BOARD MEETING
PAGE 3
RESOLUTION #168 APPROVE AQUIFER PROTECTION PERMIT #6 OF 2007
SUBMITTED BY MARSHALL FAMILY ASSOCIATES FOR
PROPERTY LOCATED OFF US ROUTE 11 SUBJECT TO
CONDITIONS
Motion by Councilman O'Donnell
Seconded by Councilman Rocco
VOTES: ALL AYE ADOPTED
WHEREAS, the Cortland County Planning Department and the Town Planning Board have
reviewed and recommended approval of this Aquifer Protection Permit application, and
WHEREAS, a Public Hearing was duly held by this Town Board, therefore
BE IT RESOLVED, the Town Board does hereby approve Aquifer Protection Permit #6 of 2007,
submitted by Marshall Family Associates, permitting the addition of a 10,000 gallon above
ground fuel tank at an existing fuel station, for property located on the east side of US Route 11,
immediately south of Interstate Route 81, exit #10, tax map parcel #97.02-01-24.000, subject to
the following conditions from the Town and County Planning Boards:
1. The applicant receiving the necessary County Health Department approvals prior to
construction.
2. The distance between the residences and petroleum storage tanks being in accordance
with the National Fire Protection Association Codes.
3. A negative declaration of environmental impact under SEQR.
AND IT IS FURTHER RESOLVED, the Supervisor is hereby authorized to sign the permit.
Councilman Rocco requested the Board provide Mr. Harter with copies of both the Town
and County Planning Board recommendations.
Attorney Folmer and the Board reviewed the SEQR Short Environmental Assessment
Form for the Aquifer Protection Permit application submitted by Kost Tire Auto Care for
property located at 1013 NYS Route 13.
RESOLUTION #169 DECLARE NEGATIVE IMPACT FOR AQUIFER
PROTECTION PERMIT #7 OF 2007 SUBMITTED BY KOST
TIRE AUTO CARE FOR PROPERTY LOCATED AT 1013 NYS
ROUTE 13 OWNED BY GERALD A. POLLOCK
Motion by Councilman O'Donnell
Seconded by Councilman Proud
VOTES: ALL AYE ADOPTED
WHEREAS, an Aquifer Protection Permit application was submitted by Kost Tire Auto Care,
permitting the use of a vacant commercial building as a tire sales/automobile repair facility, for
property located on the northwest side of NYS Route 13, between Terrace Road and
Pleasantview Drive, owned by Gerald A. Pollock, tax map parcel #96.09-02-06.000, and
WHEREAS, the Town Board as Lead Agent, duly reviewed and completed the Short
Environmental Assessment Form, therefore
BE IT RESOLVED, the Town Board as Lead Agent, does hereby declare the proposed project of
Kost Tire Auto Care, Aquifer Protection Permit #7 of 2007, shall have no significant
environmental impact.
RESOLUTION #170 AUTHORIZE SUPERVISOR TO SIGN SEQRA APPLICATION
OF AQUIFER PROTECTION PERMIT #7 OF 2007
Motion by Councilman O'Donnell
Seconded by Councilman Proud
VOTES: ALL AYE ADOPTED
I
1
187
AUGUST 15, 2007
TOWN BOARD MEETING
PAGE 4
BE IT RESOLVED, the Supervisor is hereby authorized and directed to sign the SEQRA
application relating to Aquifer Protection Permit 47 of 2007, submitted by Kost Tire Auto Care.
RESOLUTION #171 APPROVE AQUIFER PROTECTION PERMIT #7 OF 2007
SUBMITTED BY KOST TIRE AUTO CARE FOR PROPERTY
LOCATED AT 1013 NYS ROUTE 13 OWNED BY GERALD A.
POLLOCK SUBJECT TO CONDITIONS
Motion by Councilman Proud
Seconded by Councilman O'Donnell
VOTES: ALL AYE ADOPTED
WHEREAS, the Cortland County Planning Department and the Town Planning Board have
reviewed and recommended approval of this Aquifer Protection Permit application, and
WHEREAS, a Public Hearing was duly held by this Town Board, therefore
BE IT RESOLVED, the Town Board does hereby approve Aquifer Protection Permit #7 of 2007,
submitted by Kost Tire Auto Care, permitting the use of a vacant commercial building as a tire
sales/automobile repair facility, for property located on the northwest side of NYS Route 13,
between Terrace Road and Pleasantview Drive, owned by Gerald A. Pollock, tax map parcel
#96.09-02-06.000, subject to the following conditions from the Town and County Planning
Boards:
1. The applicant contacting the County Health Department to inspect the floor drains
before closure and filing a closure report with the County Health Department.
2.
Wastes collected in a holding tank must be disposed of through a licensed waste
hauler.
3.
Waste degreasing solvents must be stored in drums or a holding tank and disposed of
through a licensed waste hauler.
4.
Waste oil must be stored in tanks or drums for disposal by a licensed waste hauler.
5.
Storage facilities for tanks and/or drums require coated concrete floors and dikes to
retain accidental spills or leaks; a permanent roof to protect tanks or drums and to
prevent precipitation from entering dikes. Drums should also be sealed.
6.
Large drip pans should be kept beneath drums which have spigots and are stored in
horizontal position on racks.
7.
Potentially contaminated scrap, including but not limited to scrap parts, batteries and
used filters shall be stored in proper containers to prevent environmental release of
contaminants.
8. If there is any petroleum products store on -site, that the tanks be tested in accordance
with Cortland County Health Department requirements and NFPA329 or latest NFPA
code on testing of underground storage tanks. Above ground petroleum storage shall
be placed in impervious containment structures a minimum of 30 feet from any
structure or property line.
9. The applicant providing a list to the Town of the hazardous materials to be used at
this facility including the maximum anticipated quantities of each to be on site at any
one time.
10. The applicant providing secondary containment areas for all chemicals to contain
potential spills.
11. The applicant providing to the Town a copy of the emergency and spill prevention
and response plan for the facility.
12. A visual buffer being provided around the dumpster area and along the northern
property line to screen the proposed use from the neighboring properties.
13. The applicant preparing, submitting, and receiving approval of a stormwater pollution
prevention plan for the site per the Town's stormwater ordinance if the proposed
changes to the site result in at least one acre of land disturbance, result in an increase
of impervious surface of at least 10,000 sq. ft. or result in a total impervious surface
of at least 35 % of the total post -development lot area.
14. Any repaving of the parking on the site being graded to allow stormwater runoff to be
directed to the grassy areas on the site.
15. The applicant demonstrating that there are unnecessary hardships in the way of
carrying out the strict letter of the "Zoning Local Law of the Town of Cortlandville"
as is required before any use variance may be granted.
AUGUST 15, 2007 TOWN BOARD MEETING PAGE 5
16. A negative declaration of environmental impact under SEQR.
17. A storage trailer limited to one.
18. The fence to be maintained.
AND IT IS FURTHER RESOLVED, the Supervisor is hereby authorized to sign the permit.
Under "Old Business" there was discussion regarding the bid for the Starr Road and
Vernon Drive Sewer Improvement Project. Because the bid for the project exceeded the Town
Engineer's estimate by over $100,000 the Town would have to go to bond to complete the
project. Supervisor Tupper explained that the Board requested Attorney Folmer look into
splitting up the bid and completing the Starr Road portion of the project separate from the
Vernon Drive Project. The Starr Road portion of the bid came within $2,000.00 of the
engineer's estimate.
Attorney Folmer suggested the Board adopt a resolution authorizing the acceptance of the
Starr Road Sewer Improvement Project bid upon receipt of an opinion letter from Attorney
Folmer to the Board.
RESOLUTION #172 ACCEPT BID FOR STARR ROAD SEWER IMPROVEMENT
PROJECT — 2007 FROM VACRI CONSTRUCTION
CORPORATION IN THE AMOUNT OF $113,000.00
Motion by Councilman Proud
Seconded by Councilman Rocco
VOTES: ALL AYE ADOPTED
WHEREAS, bids were advertised for the Starr Road and Vernon Drive Sewer Improvement
Project — 2007, and
WHEREAS, sealed bids were opened on July 24, 2007 at 3:00 p.m. and provided to Town
Engineer, Hayne Smith for review as follows:
Vacri Construction Corporation $363,000.00
One Brick Avenue
Binghamton, New York 13901
Highlander Construction, Inc. $427,182.00
5774 Kesler Road
Memphis, New York 13112
G. DeVincentis & Son Const. Co. Inc. $725,000.00
7 Belden Streeet
Binghamton, New York 13903
WHEREAS, the Board requested the bid be separated into two projects, Starr Road Sewer
Improvement and Vernon Drive Sewer Improvement, as the bid amounts exceeded the Town
Engineer's estimate, therefore
BE IT RESOLVED, the Town Board hereby accepts the bid from Vacri Construction
Corporation of One Brick Avenue, Binghamton, New York in the amount of $113,000.00 for the
Starr Road Sewer Improvement Project, and it is further
RESOLVED, the bid is accepted subject to the submittal of an opinion letter from Town
Attorney Folmer to the Board.
Town Clerk Snyder apprised the Board that Town Zoning Board of Appeals Chairman,
David Plew completed 4 credit hours at Hamilton College as part of the required training for the
Planning and ZBA Members.
Councilman Proud questioned whether all Planning and ZBA Members completed their
required training.
Town Clerk Snyder reported that all Planning Board Members have met the requirement.
Mr. Plew was the only ZBA Member to submit a certificate of training.
AUGUST 15, 2007 TOWN BOARD MEETING PAGE 6
Supervisor Tupper suggested Mr. Plew be notified that he was the only ZBA member to
submit a certificate of training to the Town Clerk.
Councilman Proud made a motion, seconded by Councilman O'Donnell, to receive and
file correspondence from Scott Becker, dated August 1, 2007, notifying the Town of his intent to
renew the liquor license for 281 Bowl Inc., located at 3898 NYS Route 281 in the Town of
Cortlandville. All voting aye, the motion was carried.
Attorney Folmer reported:
Wal-Mart Supercenter — Aquifer Protection Permit:
Attorney Folmer submitted the adopted Aquifer Protection Permit Resolution for Wal-
Mart Supercenter to the Board, which was adopted at the August 9, 2007 Special Town Board
Meeting. Attorney Folmer requested that Supervisor Tupper sign the resolution.
Bonding for Expansion/Renovation of Raymond G. Thorpe Municipal Building:
Attorney Folmer suggested the Board consider conducting a Special Town Board
Meeting on Monday, August 20, 2007 for the purpose of adopting a Bonding Resolution relating
to the Expansion/Renovation of the Raymond G. Thorpe Municipal Building.
RESOLUTION #173 SCHEDULE SPECIAL TOWN BOARD MEETING FOR
AUGUST 20, 2007 AT 5:00 P.M.
Motion by Councilman Proud
Seconded by Councilman Rocco
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, a Special Town Board Meeting shall be scheduled for Monday, August 20,
2007 at 5:00 p.m. for the purpose of adopting a Bonding Resolution relating to the
Expansion/Renovation of the Raymond G. Thorpe Municipal Building,
Wal-Mart Supercenter PUD:
Attorney Folmer discussed comments made by various people concerning the Wal-Mart
Supercenter and the alleged failure of the Town Board to consider alternate sites for the location
of the big box store. With the exception of Councilman Testa, Attorney Folmer stated he was
involved with discussion early on.
Attorney Folmer reminded the public that in this country, owners of property have rights.
When it became apparent that Wal-Mart was interested in purchasing the NYS Route 13 site
from Homer Gutchess, Attorney Folmer and Councilman Testa met with Mr. Gutchess to discuss
the situation. Attorney Folmer stated he also had significant discussion with Wal-Mart
representatives suggesting that if the site was further down NYS Route 13 it would not have as
much difficulty obtaining the proper permits. However, Wal-Mart was not interested in other
sites and Mr. Gutchess was anxious to sell his property, which had been on the market for years.
Mr. Gutchess had several offers to purchase the front portion of the property, but he wanted to
sell the entire parcel.
Attorney Folmer apprised those in attendance that expanding the existing Wal-Mart store
was also discussed, however there was not enough land available at a price that Wal-Mart felt
was reasonable.
Attorney Folmer stated it was important that people understand that Wal-Mart's desire to
purchase a particular piece of property, and the Town Board and its representatives attempt to
discuss other possibilities, does not override the opportunity or the right of Wal-Mart to purchase
what they wish, or for Mr. Gutchess to sell his property.
Attorney Folmer commented that people are entitled to criticize if they choose to.
However, misstatements of the facts are circulating. Attorney Folmer stated it should be on the
record that such comments are inaccurate.
190
AUGUST 15, 2007
TOWN BOARD MEETING
PAGE 7
Article 78 Proceeding - C.A.P.E., et al vs. Town of Cortlandville, et al:
Attorney Folmer apprised those in attendance that on Monday, August 13, 2007, Judge
Lebous filed his Decision and Order with the County Clerk's Office in favor of the Town
regarding the Article 78 Proceeding filed by C.A.P.E. There was a thirty -day period of time
from the filing date for an appeal to be filed.
Supervisor Tupper stated after reading the Opinion it was quite obvious that the Judge
understood the issue. The Town's legal representation was also very good. He thanked Attorney
Folmer for his hard work and involvement with the issue.
Councilman Proud stated the Judge did not agree with C.A.P.E.'s argument that the
Town overstepped its duties. The final paragraph of the decision pointed out the Judge's
disagreement and the evidence that the Town did not overstep its bounds.
Supervisor Tupper questioned whether the Board should receive and file the decision.
Attorney Folmer provided a copy of the Decision and Order to Town Clerk Snyder and
requested it be received and filed. He also noted that Judge Lebous requested arrangements be
made to pick up the original record (3 boxes) for filing with the Cortland County Clerk's Office.
Councilman Proud made a motion, seconded by Councilman Rocco, to receive and file
the Decision and Order regarding Citizens for Aquifer Protection & Employment, et al vs. Town
of Cortlandville, et al, dated August 10, 2007, from Honorable Ferris D. Lebous, Broome County
Supreme Court, State of New York. All voting aye, the motion was carried.
Councilman Rocco made a motion, seconded by Councilman O'Donnell, to receive and
file correspondence from Stephen A. Geibel, Sr. Vice President, dated August 7, 2007, notifying
the Town of Pall Corporation's intent to renew their liquor license for property located at 3669
NYS Route 281. All voting aye, the motion was carried.
RESOLUTION #174 REFER CODE VIOLATION OF DAPHINE TALBOT FOR
PROPERTY LOCATED AT 4603 ROUTE 41 TO THE TOWN
ATTORNEY FOR REVIEW AND AUTHORIZE
HIM TO PROCEED AS REQUIRED
Motion by Councilman O'Donnell
Seconded by Councilman Proud
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the code violation of Daphine Talbot for property located at 4603 Route 41,
McGraw, New York, tax map parcel #88.00-01-53.000, is hereby referred to the Town Attorney
for review, and it is further
RESOLVED, the Town Attorney is hereby directed to proceed with compliance, as required, and
it is further
RESOLVED, correspondence from CEO, Tom Williams to Ms. Daphine Talbot, dated August 8,
2007 is hereby received and filed.
RESOLUTION 4175 AUTHORIZE SUPERVISOR TO SIGN APPLICATION TO
NEW YORK STATE UNIFIED COURT SYSTEM FOR A
GRANT UNDER THE 2007 JUSTICE COURT ASSISTANCE
PROGRAM
Motion by Councilman Proud
Seconded by Councilman Rocco
VOTES: ALL AYE ADOPTED
WHEREAS, the New York State Unified Court System has available to town and village courts
a grant with a maximum award of $20,000.00 available through the 2007 Justice Court
Assistance Program, and
AUGUST 15, 2007 TOWN BOARD MEETING PAGE 8
WHEREAS, Town Justice Francis J. Casullo has requested applying for such grant to provide
the Cortlandville Town Court with the following "Purchase Request" items under Part I of the
application: One (1) commercial court bulletin board (3'x5') with oak frame; One (1) 18 sheet
high volume shredder; Walkthrough Metal Detector, and
WHEREAS, Town Justice Castillo further requests the following "Special Items" under Part II of
the application: Movable Jury Box; Galvanized Metal Door with Glass Opening; Security
Rolling Door; Court Facility Camera System; Safe; TV -Video System; New Entrance Door, for a
total cost of $16,886.80, therefore
BE IT RESOLVED, the Supervisor is hereby authorized and directed to sign the grant
application, and it is further
RESOLVED, the Town Clerk is hereby authorized and directed to prepare a certified copy of the
foregoing resolution to be forwarded to the New York State Unified Court System along with the
completed application.
Councilman O'Donnell made a motion, seconded by Councilman Proud, to receive and
file the following correspondence submitted at the Special Town Board Meeting on August 9,
2007, regarding the Aquifer Protection Permit Application of Wal-Mart: a) Susan Fitts, 811
Pheasant Run; b) John Carroll; c) Arnold Talentino; d) Jamie Dangler on behalf of C.A.P.E.; e)
Jo Schaffer; f) Ed Triana, 795 N. Lamont; g) Patricia Roiger, 795 N. Lamont; h) Louise Mahar,
26 Pearl St.; i) Lydia Ferro, 710 McLean Rd.; j) James Ferro, 710 McLean Rd.; k) Anna -Mae
Artim, 714 McLean Rd.; 1) Ter Jenq Huang, 700 McLean Rd.; m) Russell White, 737 McLean
Rd.; n) Medora White, 737 McLean Rd.; o) Caitlin Mack, 798 Fercor Dr.; p) Constance Mack,
798 Fercor Dr.; q) Kevin Mack, 798 Fercor Dr.; Robert Rhodes; s) Sandy Panzanella; t) Nick
Renzi. All voting aye, the motion was carried.
RESOLUTION #176 AUTHORIZE SUPERVISOR TO TRANSFER
$47,764.12 FROM GENERAL FUND A TO THE
CAPITAL PROJECT BUILDING FUND
Motion by Councilman Rocco
Seconded by Councilman O'Donnell
VOTES: ALL AYE ADOPTED
WHEREAS, the Supervisor requested a transfer of funds from General Fund A to the Capital
Project Building Fund, therefore
BE IT RESOLVED, the Supervisor is hereby authorized and directed to transfer $47,764.12
from General Fund A to the Capital Project Building Fund, and it is further
RESOLVED, that General Fund A will be reimbursed when the project is bonded.
Supervisor Tupper questioned whether there were any other matters to be discussed.
Councilman Rocco stated that the appearance of Mr. Harter in front of the Board this
evening illustrated the necessity to notify all surrounding property owners, as the City of
Cortland does, that may be affected either by a subdivision or other permits. The property owner
is often unaware of pending applications that may affect them. Without notice, the property
owner may miss the opportunity to attend important Planning Board and Town Board meetings.
No further comments or discussion were heard.
AUGUST 15, 2007
TOWN BOARD MEETING
PAGE 9
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 6:00 p.m.
Resp ctfully 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
September 5, 2007.
1
1
J