HomeMy WebLinkAbout11-07-2007NOVEMBER 07, 2007
7:00 P.M.
Z35
1
1
1
PUBLIC HEARING NO. 1
2008 PRELIMINARY BUDGET
A Public Hearing was held by the Town Board of the Town of Cortlandville at the
Raymond G. Thorpe Municipal Building, 3577 Terrace Road, Cortland, New York, concerning
the 2008 Preliminary Budget.
Members present:
Supervisor, Richard C. Tupper
Councilman, Theodore V. Testa
Councilman, Edwin O'Donnell
Councilman, Ronal L. Rocco
Councilman, John C. Proud
Town Clerk, Karen Q. Snyder
Others present were: Town Attorney, John Folmer; Town Residents: George Ottenschot,
Adrien Smith, Sean McSherry. Joyel and Mark Ecker, Tom and Diana Dovi, Thomas J. Dovi,
Annamaria Maniaci; News Reporter, Evan Geibel for the Cortland Standard; and Grace Meddaugh
for Channel 2, Access TV.
Supervisor Tupper called the Public Hearing to order.
Town Clerk, Karen Q. Snyder read aloud the Legal Notice as published, posted and filed.
Supervisor Tupper offered privilege of the floor to those in attendance.
There were no requests for privilege of the floor.
Supervisor Tupper reported that the Town tax rate decreased by $0.02 outside the Village
of McGraw, and decreased $0.21-$0.22 inside the Village of McGraw. The Fire tax was
projected to decrease by $0.02-$0.03.
No further comments or discussion were heard.
Councilman Proud made a motion, seconded by Councilman O'Donnell, to close the
Public Hearing. All voting aye, the motion was carried.
The Public Hearing was closed at 7:05 p.m.
Z 3 G
NOVEMBER 07, 2007
7:05 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, RMC
Others present were: Town Attorney, John Folmer; Town Residents: George Ottenschot,
Adrien Smith, Sean McSherry. Joyel and Mark Ecker, Tom and Diana Dovi, Thomas J. Dovi,
Annamaria Maniaci; News Reporter, Evan Geibel for the Cortland Standard; and Grace
Meddaugh for Channel 2, Access TV.
Supervisor Tupper called the meeting to order.
The Draft Town Board Minutes of September 19, 2007, October 3, 2007, and October 17,
2007, were presented to the Board for review.
RESOLUTION #222 AUTHORIZE PAYMENT OF VOUCHERS —NOVEMBER
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 as follows:
paid
General Fund A Vouchers #593 - 624
$
21,255.69
General Fund B B 141 - B 147
$
7,872.65
Highway Fund DB D409 - D443
$276,121.47
Capital Projects H60 - H60
$
351.00
Water Fund W237 - W249
$
3,570.53
Sewer Fund S89 - S96
$
10,968.13
Supervisor Tupper offered privilege of the floor to those in attendance.
Supervisor Tupper: Privilege of the floor. We have one request for privilege of the
floor and I see that they are here.
Mark Ecker: We would like to discuss the marked walking path.
Supervisor Tupper: Just come up and identify yourself.
Mark Ecker: My name is Mark Ecker and this is my wife Joyel. I would like to discuss
the labeled walking path next to our house.
Supervisor Tupper: Sure.
Mark Ecker: Why were we not notified of this? We don't believe this is an official
Cortlandville sign. (Showing a plastic yellow sign)
Councilman Rocco: I can answer that question. Back if you recall I recommended to
the Town Board and the Town Planning Board, but Mr. Renzi decided not to do it, to notify all
adjacent property owners whenever a new subdivision was made. Mr. Renzi said it would be too
much work, too many letters to send out, and he didn't think that it was appropriate. I believe
that all property owners should know whenever a new subdivision should is going to be made.
Z37
NOVEMBER 07, 2007 TOWN BOARD MEETING PAGE 2
I strongly disagreed with him. It was left that people would not be notified. Now that piece of
property in my estimation should have been ... you should have been notified. I requested that
you be notified ... by letter. And Mr. Renzi said no, no we don't want to do that. The property
was being purchased because as you recall in our conversations that we had, I said your property
floods, which is adjacent to this. I have pictures of that, which I provided to the Supervisor. Up
to one third of your property floods. Now during that big rainstorm we had ...
Mark Ecker: I would like to see those pictures.
Councilman Rocco: Oh, I have them and I offered those pictures to you when you came
to my house. Do you remember? The day of my daughter's wedding.
Joyel Ecker: The day after.
Councilman Rocco: The day after. Right. I have those pictures. I would be more than
happy to share those with you.
Joyel Ecker: This was the only notification that we got.
Councilman Rocco: Right.
Joyel Ecker: That that was going on.
Mark Ecker: That has nothing to do with the walking path.
Councilman Rocco: Right, right. Well number two, you call it a walking path. Well it
has many purposes. The first purpose is in the event that your property starts ... there's some
holding ponds behind you. If they overflow, and like Mr. Goodwin, his property was about to
flood. I was quite concerned about that and had the town come in and rip a hole through that
holding pond behind your house, and the water flowed down, but it still flooded your property.
Mark Ecker: But there is a road that leads right up there. That's why we ...
Councilman Rocco: Yeah. Right. Well there's going to be four more houses up in
through there, okay.
Mark Ecker: You don't need any more access next to our house ...
Councilman Rocco: Well, you know ... You'll notice behind there, there is a walking
path behind there. It's just the high part of the holding pond. In the event that like what
happened two years ago when we had all those floods, if your property were to flood we could
move that water and have it go down through that area which is a walking area and wouldn't
flood your property.
Mark Ecker: See why ... new houses over there.
Councilman Rocco: And also.... No. We bought property thirty feet at the end, twenty
feet at the front.
Mark Ecker: John Murdock told me that you guys made him put in swales behind the
new development so that the water that comes out of that pond can be slowed by that swale....
Councilman Rocco: Yeah. Right.
Joyel Ecker: Mr. Murdock also gave us this letter if you'd like to take a look at it.
Mark Ecker: We don't have any problems with drainage or anything like that. What
we have a problem with ...
Councilman Rocco: But you will!
Mark Ecker: ... these pictures. Well, here's a picture of the path where people walk
through, where they're not going to walk through, and they're going to continue to walk up our
driveway.
2 38
NOVEMBER 07, 2007 TOWN BOARD MEETING
PAGE 3
Joyel Ecker: Because of the sign and word of mouth.
Mark Ecker: And, here's a path of people walking through here. And here's a nice little
pile of love somebody left for us, which is twenty feet from our house, which there is a fifty -foot
set back plus you could build a house and yet we got people on our property with their dog off
the leash. This is what the town has enabled. And here's another one with the dog off the leash
on our property doing its business. We have several, several, several, several, several, several
pictures of this.
Councilman Rocco: Yeah but I notice ....
Mark Ecker: And I've got about a hundred more.
there?
Councilman Rocco: ... Most of those are before the grass grew and that ...
Joyel Ecker: No they are not. No they are not. There's grass.
Mark Ecker:...
Councilman Rocco: You have dogs. You have three ... and you have a pen ...
Joyel Ecker: Yeah they go to the bathroom on our lawn.
Councilman Rocco: How do we know that you're not throwing your own dog stuff over
Supervisor Tupper: Ron ... (laughter in audience)
Councilman Testa: Come on Ron. Stop being ridiculous. Jeepers creepers.
Councilman Rocco: Now listen we bought that property for the reason of moving ...
Members of the Audience: ... (not audible)
Councilman Rocco: I'm speaking. We bought that property for the public for a number
of reasons. Number one, to bring the water and sewer to tie that in from Lyncort and Hedgemoor
to Lyncort, or to Bowling Green, so those would not be dead ends. We also bought it to bring
you know the electricity and all the other ... the sewer. So we can connect everything. The
neighborhoods are separate.
Mark Ecker: Again we don't have a problem with that.
Councilman Rocco: Also.... Pardon me?
Mark Ecker: We don't have a problem with that.
Councilman Rocco: Okay. I know you don't. And also the property was purchased so
that many people who live on the block, with the exception of maybe you, are older people and
they do have dogs. And I did talk with every single dog owner and asked them to pick up after
their dogs. And not a single one has ...
Mark Ecker: Has done that. (laughter)
Joyel Ecker: Right.
Councilman Rocco: ... And you have a picture of a dog ....
Mark Ecker: Absolutely.
Joyel Ecker: We do. And we have another witness here who watches it.
Annamaria Maniach I have these in every coat pocket that I own. I'm the only one in
the neighborhood who picks up.
z 39
NOVEMBER 07, 2007 TOWN BOARD MEETING
PAGE 4
Councilman Rocco: Right well ...
Annamaria Maniaci: And, wait. Can I finish my statement first please?
Councilman Rocco: Sure.
Annamaria Maniaci: If that was an easement, for the purposes that you just stated, then
why was a sign put there welcoming everybody and their mother to take a walk down this path?
It's provided a toilet for every dog in the neighborhood. That's all it has done.
Joyel Ecker: Every dog in the Bowling Green, Winkle Way, Spruce Run neighborhood.
Councilman Rocco: This is before the grass was grown before people were told.
Annamaria Maniaci: I can see them from my window sir! I can see them from my
window. And I have ...
Mark Ecker: Well I have over 170 pictures and I can print them out.
Councilman Rocco: That's very nice. I'm very happy for you. And let me tell you this.
I mean ... how do we know they're not your dogs? You have three dogs.
Joyel Ecker: Oh my god!
Annamaria Maniaci: How do you know it's not their dog?
Supervisor Tupper: Ron.
Mark Ecker: All my dogs are registered.
Joyel Ecker: How do we know it's not you! I mean come on! How do we know?
Councilman Rocco: Well, because I have two ferrets and it's kinda really small ...
Annamaria Maniaci: Mr. Rocco do you trust that what I, that I tell you that I've seen it
with my eyes. Do you trust that?
Councilman Rocco: Yes I do.
Annamaria Maniaci: Okay. I have seen that. ... It's become the public park for people
who use a toilet who don't want their dog, who do not wish to pick up after their dog. It is not
fair that they're traipsing ten feet from private property in their backyard so to speak. And not
picking up. And first of all, I think anyone should pick up after their animal. I don't care where
it is. Because that whole neighborhood ... I've had to bring out bags to people and say excuse
me could you use a bag, here's one for you.
Councilman Rocco: That's an excellent idea.
Annamaria Maniaci: But, everyone with common sense should do that and it's not
happening. That should not be a walking path. God forbid somebody slips on those feces. Who
are they going to sue, the County?
Councilman Rocco: I agree with you one hundred percent. And the Supervisor had
suggested that perhaps we put plastic bags over at the entrance.
Joyel Ecker: It should not be ... Didn't you tell me that it wasn't a walking path!
Councilman Rocco: No, no I didn't.
Joyel Ecker: Ugh!
Mark Ecker: And who gave you permission to put up that sign?
zyo
NOVEMBER 07, 2007 TOWN BOARD MEETING PAGE 5
Councilman Rocco: Well, I wanted people to know that they could walk and I didn't
want them having ATVs on there ... in the wintertime.
Mark Ecker: And as Town Historian that allows you to put up a sign?
Councilman Rocco: I believe so.
Mark Ecker: In what way?
Councilman Rocco: Because I'm a Councilman and that's ...
Joyel Ecker: Well I have a question I guess. Mark ... I have a question for Mr. Tupper,
Mr. Proud and Mr. Testa.
Supervisor Tupper: That's not an official sign of the Town of Cortlandville. It was not
put up by the Town of Cortlandville.,
Mark Ecker: It's not a sign like this. No.
Councilman Rocco: Well would you like ATVs driving through there?
Joyel Ecker: No but I don't want people walking through there either!
Councilman Rocco: Don't they make a lot of noise? I was trying to get the.... One of
the covenants that Mr. Murdock put on the purchase of the property was that it be quiet. So I
was concerned that ;people not drive ATVs. And they're going to drive snowmobiles through
there unless we put, some kind, of warning. And I've lived there for 25-26 years and they're
going to drive through with snowmobiles and 4-wheelers unless we indicate to them that they,
what the rules are there. But that ...
Mark Ecker: Why does it say walkers are allowed ... big letters on that sign ...
Councilman Rocco: Because walkers are allowed.
Supervisor Tupper: It doesn't say that I hope. There is no sign on that property.
Mark Ecker: No.
Joyel Ecker: No because you removed one of them ...
Supervisor Tupper: That's right.
Joyel Ecker; ... and then we removed the other one ...
Supervisor Tupper: But there is no ... there is no sign ... there is no Cortlandville sign
on that property.
Mark Ecker: But you've made a public announcement.
Joyel Ecker: But it's word of mouth now because I watch it from my front porch. I
watch it happen. People are told that they can use it.
Supervisor Tupper: We took the sign down as quickly as we knew it was there.
Joyel Ecker: Right.
Supervisor Tupper: Because it was not an authorized sign.
Joyel Ecker: So now what sign is going to go up to tell people that that's not what it's
supposed to be used for?
Councilman Proud: None.
Woman in Audience: It's not a walking path.
Z� 1
NOVEMBER 07, 2007 TOWN BOARD MEETING
PAGE 6
Supervisor Tupper: No it's ...
Councilman Proud: No sign will go up.
Joyel Ecker: Okay so what are you going to do about it then?
Councilman Proud: ... Town property, currently, is open for the public use. There isn't
any of it that I'm aware of that is restrictive to walking.
Joyel Ecker: Okay but you advertised this one now. Maybe not you. But Cortlandville
has advertised this property now.
Man in Audience: Well Ron thinks that because he's a councilman he's allowed to put
up signs ...
Councilman Proud: I didn't say that. Ron did.
Man in Audience: ... He's announced that this is a walking path.
Joyel Ecker: ...
Councilman Rocco: I put it up because the people that live in the neighborhood are
walking around and they would like the opportunity to walk ...
Joyel Ecker: But why is it just the people in your neighborhood?
Mark Ecker: It's nobody on our street!
Councilman Rocco: What do you mean my neighborhood? Your neighborhood is my
neighborhood.
Mark Ecker: No it isn't. Nobody on our street uses that path.
Joyel Ecker: There's nobody on our street that even uses that path.
Councilman Rocco: Well I have seen you walking over ...
Annamaria Maniaci: Since they built their house I have not ... but I also picked up
after my dog.
Councilman Rocco: I know. And we can do something about that. But I have seen you
walking over by the culvert and adjacent ...
Annamaria Maniaci: Yes I have, until they built their house.
Councilman Rocco: No -no -no. I'm talking off Fairview. That's town property.
Annamaria Maniaci: Off Fairview?
Councilman Rocco: Yeah. I've seen you walking your dog where the water flows
down, oh gosh, the last brick house where the airplanes fly over off of Fairview. I've seen you
walking down there through that green area. That's Town of Cortlandville property.
Annamaria Maniaci: Are there homes right there? I would not walk there ... I don't
walk there because there are homes there now.
Councilman Rocco: No -no -no.
Annamaria Maniaci: Well wait.... I don't walk where there ...
Councilman Rocco: That's town property but ...
Annamaria Maniaci: That's fine.
NOVEMBER 07, 2007 TOWN BOARD MEETING PAGE 7
Councilman Rocco: That's okay for you ...
Annamaria Maniaci: But there aren't any homes. I'm not disturbing people.
Councilman Testa: Ron would you like that in front of your house? Would you like ...
Councilman Rocco: I would. I would and I offered it.
Annamaria Maniaci: Then offer ...
Joyel Ecker: Okay then take that one down and offer yours.
(Discussion in audience is loud)
Councilman Rocco: I would but your property is behind ...
Mark Ecker: Do you want to buy our house?
Councilman Rocco: No. You spent way too much for it. (laughter in audience)
Councilman Testa: Excuse me. The Attorney wants to say something. Get in there
John. Yes you do.
Councilman Proud: There seem to be two issues here that we're talking about.
Councilman Testa: Wait a minute John. I want Mr. Folmer to talk. Go ahead John.
Attorney Folmer: First of all. I'm not aware that in any conveyance from Mr. Murdock
to the Town that there was any restriction except for the expressed request that whatever use we
would make of it, we would maintain the ... for the peace and quiet of the neighborhood.
Secondly. The sign that went up, in my legal opinion, was not an appropriate sign issued by the
Town of Cortlandville. While each individual councilman has a right to act in certain ways,
signage is a function of the Town Board and the Town Board never authorized the establishment
of any sign. Walkers allowed, dogs allowed, or whatever. It would seen to me that you've got
almost an insoluble problem because as Mr. Proud has indicated, all Town property is available
to the public unless it is restricted by a fence for utility purposes and so on. If the Town Board
were to consider putting a sign for example, and I'm not suggesting it at this point, putting a sign
no dogs in this area, then I think they've got to go around and put a similar sign on each and
every parcel that's open to the public. And you realize, that's not going to happen. That can't be
done. There's no way to efficiently do it.
Mark Ecker: But when you have a councilman put up a sign ...
Councilman Rocco: Okay I admit that ...
Attorney Folmer: Ron, stay out of this for a minute. Please.
Councilman Rocco: If I did wrong I didn't know it, okay.
Mark Ecker: (laugh) How long are you going ...
Councilman Rocco: But it's still the truth.
Councilman Testa: Wait a minute ...
Supervisor Tupper: Lets get John to finish.
Attorney Folmer: Lets you and I talk, if we can. You were about to ask me something.
Mark Ecker: Since somebody has put up a sign, what authority, why can't you stop
what you had to create? It has been his irresponsible actions that have caused us to have this
problem.
Attorney Folmer: First, let me take issue with one thing that you say and that is that you
have created. The fact of the matter is that this Board has not created that situation.
293
NOVEMBER 07, 2007 TOWN BOARD MEETING
PAGE 8
Mark Ecker: It says Town of Cortlandville.
Attorney Folmer: I don't care what it says. Unless the Board authorizes an action it is
not authorized by the Town of Cortlandville. Now, are there steps that the Town can, maybe, or
should take to alleviate the concern that has arise as a result of that? I'm not prepared to answer
that at this moment, but I think it's something that I can look at and see what I can recommend.
Now I understand what you're saying. I live on a street where there at least two or three dogs.
It's a dead end street. All of my neighbors use the plastic bags as you do. And I would hope that
if I get another dog I would do the same thing.
Mark Ecker: When we bought this property, the Town of Cortlandville did not own this
property. And I feel that it significantly devalues our property by having it there. The same with
Mr. Murdock ...
Attorney Folmer: I would not ...
Joyel Ecker: But the other thing is. I just want to say that there are a lot of other people
that walk their dogs right on the road, and clean up after them.
Attorney Folmer: That's what happens in my neighborhood.
Joyel Ecker: Yeah. That's ... as far as I knew that was the normal thing to do.
Councilman Proud: It's a common courtesy ...
Joyel Ecker: To not track up by somebody's house and walk their dog and let them
poop right there.
Mark Ecker: We tried to ask people politely to clean up after ...
Joyel Ecker: And they said for what.
Mark Ecker: ... And we got the middle finger and we got called bleep -bleep -bleep..
And so this is what has been created. So we just moved in and we've got all this to deal with.
Joyel Ecker: No fruit baskets. Just dog crap, really.
Mark Ecker: You know, when I bought the property 3 years ago, when I went over
there working I got accused that it wasn't my property and that there was a right-of-way through
here and it's just obscene.
Thomas Dovi: My name is Tom Dovi. I'm a resident of Worthington Place. And I've
been around for nearly five years now. In that span of time, Cedar Crest did not exist. Longtime
residents of the neighborhood had an open field. A convenient spot to walk their dogs. A
convenient spot to dispose of yard refuse. Their convenience, as much as it was a convenience,
that area has now been developed. There is a street there. There have been eight houses that
have gone up in that area. Their convenience has become a nuisance for the area. And, just
because something has always been done, doesn't make it right. And it might have been practice
for everyone to walk in that space, yes a sign was put up, but out of common courtesy, they need
to respect the other neighbors privacy, thank you, their right to their liberty, their space. And if
they're going to be walking dogs, doing whatever on Cortlandville property there is a street for
that. I often take the loop from my house on the corner of Worthington Place around Bowling
Green to Sleepy Hollow. It's a wonderful walk. I don't need to walk in the woods. We have all
this space to walk. It's called a street.
Councilman Rocco: One of the problems that we have in this area is that there are three
different school districts. There are kids that go to Homer, and kids that go to Dryden, and kids
that go to Cortland. And it's impossible, it's difficult for kids to get to Hedgemoor or Lyncort
without a thruway and that is significant convenience for kids that want to go up on the hill and
sled and do all the things that kids want to do. This provides them with the opportunity to do
that. And what's wrong with a little bit of a wooded area in the neighborhood? What is wrong
with that? Now as far as ...
Joyel Ecker: These are adults. We haven't even seen any kids.
NOVEMBER 07, 2007 TOWN BOARD MEETING PAGE 9
Councilman Rocco: Okay, fine. Well people are used to, so they walk their dogs
around the dog and the dogs crap on the road. People need to be aware that they need to pick up
after their dogs. We don't have an ordinance in the Town concerning that. So all we need to do
is train people. And when we do, and people have changed their ... and they have been picking
it up. Have you seen anyone picking?
Joyel Ecker: Absolutely not.
Councilman Rocco: Okay, well people are picking it up. Everyone I've talked to said
that they would do that.
Attorney Folmer: With all due respect.
Councilman Rocco: And it's only a small section. Most of it is all woods.
Attorney Folmer: Can I say something here?
Joyel Ecker: Four hundred feet is a small section?
Mark Ecker: I could cut all them down because I own most of them. (laugh)
Councilman Rocco: Cut it down.
Mark Ecker: Then you couldn't have your woods!
Attorney Folmer: I'm going to...
Councilman Rocco: ...
Councilman Testa: Ron, Mr. Folmer's got the ...
Supervisor Tupper: Ron, let John finish and then we're done.
Attorney Folmer: I will attempt to find out a method by which we can alert the public
that this is not to be used in such a fashion despite the signage that was put up. And I'll deal
with the issue of dogs. That's all I'm going to deal with. I'm not going to deal with people
walking because I'm not going to get that.... But I will try and deal with dogs to see if there is
someway that we can alleviate or somehow or other minimize the situation that you folks have
without running ... unequal or prejudicial interests. I will do the best that I can. I will report to
the Board no later than the first meeting of this Board in December. And I'll send you folks a
copy of whatever it is I advise.
Supervisor Tupper: Thank you John.
Councilman Rocco: And that could of course include the sign with a little bag like they
have in the Town of Dewitt and all the other towns.
Joyel Ecker: And you want that in front of your property right so they can stop there
first and grab it.
Councilman Rocco: I offered many times ...
Supervisor Tupper: Ron I think we're done. Thank you.
Councilman Testa: Yeah.
Councilman Proud: Let it go, Ron. Let it go, will you. Just let it go.
Councilman Rocco: ... to have my property ...
Mark Ecker: There's a fifty -foot setback in order to build your house in your
development. So now we have to put up with traffic nineteen -feet from our house. It doesn't
seem like it's the proper zoning. We wouldn't even have bought this piece of property had we
known this was going to happen. It was bought and paid for well before we knew ...
zys
NOVEMBER 07, 2007 TOWN BOARD MEETING
PAGE 10
Councilman Rocco: Well, a subdivision ...
Attorney Folmer: Well perhaps you should ... perhaps you should ask Mr. Murdock if
he was as concerned about ...
Mark Ecker: That's why we brought the letter
Joyel Ecker: That's why ... that letter.
Mark Ecker: ... He said its just sewage and drainage.
Attorney Folmer: Yeah. And that's exactly what's expressed ... here too.
Supervisor Tupper: We did not buy it for a walking path or for a dog path. We bought
it for a buffer so we can eventually we're gonna have to run sewer lines. There are no sewer
lines to any of the streets out past you and you need a place to do that, and there were only two
lots left in that subdivision. So that's why we took that chunk, before there was nothing left.
Joyel Ecker: Would the Town of Cortlandville be opposed to putting up a 40,0-foot
fence, privacy fence?
Councilman Rocco: Yes, absolutely.
Joyel Ecker: And why's that?
Councilman Rocco: Well, because we don't need one. You have all those woods ...
Mark Ecker: I'll cut down all those woods.
Councilman Rocco: There is a small distance between your mailbox and where the
woods begin ... fifty -foot.
Councilman Proud: One thing I would want ...
Councilman Testa: Wait a minute. Can I say something now? We just got done here
and John's going to look into it. End of the question. Lets go onto something else. We'll get
back to you December Is'. Is that fair?
Mark Ecker: ... put on the agenda for the next meeting?
Supervisor Tupper: All you have to do is call my secretary and ask for privilege of the
It Men
Attorney Folmer: I do not want you here in the middle of November saying ... because
I didn't commit myself to that.
Joyel Ecker: No we understand that.
Attorney Folmer: I committed myself to the first meeting in December.
Councilman Rocco: You know, so many people in the City ...
Councilman Testa: Ron ...
Councilman Rocco: Yeah, I know. I want to just say this. We have problems with
flooding like over on Abdallah Avenue and in that area, because we have no place to put the
water. And this is a place to run the water in the event that his property, and he doesn't see it,
floods. We can run the water off of his property and down through this area onto the Town
property. He doesn't see that as a benefit. He doesn't see that extra thirty -feet as a benefit. All
he sees is, he's thinking people who have very important jobs in Cortland, will not pick up after
their dogs if they're requested to. And it's just a matter of ...
Supervisor Tupper: All right. We're done.
Z1f(0
NOVEMBER 07, 2007 TOWN BOARD MEETING
PAGE 11
Mark Ecker: When I bought that property I ...
Supervisor Tupper: Go ahead. Mark, you might as well sit down.
Tom Dovi: My name is Tom Dovi. That's pretty ignorant want you just said to my son-
in-law. He's not saying that ... very important ... he told you that. I feel upset right now
because I am the one that brought my family into this area because I thought it was a nice place
to live.
Councilman Rocco: It is.
Mark Ecker: We haven't seen that.
Councilman Rocco: Well, nobody likes you because you're ...
Supervisor Tupper: Ron! Ron!
Councilman Testa: Ron! Come on. We've had enough.
(Loud discussion in audience)
Mark Ecker: ... Maybe because I cut down your trees.
Supervisor Tupper: The Town Board is not going to get into an argument about a
neighborhood argument.
Mark Ecker: Well, then don't. Then don't.
Supervisor Tupper: We'll deal with the dogs.
Councilman Testa: Can you wait until December lst? Sir, thank you for being so kind.
Lets go on to something else.
Councilman Rocco: Thank you for coming.
Supervisor Tupper: Is there anybody else? There was one more name that Patty gave
me and I didn't write it down. I don't see anyone else here this evening. Okay.
Town Clerk Snyder excused herself from the meeting at this time.
Monthly reports of the Town Clerk, Supervisor, and Code Enforcement Officer for the
month of October 2007, and for the Supervisor for the month of September 2007, were on the
table for review and are filed in the Town Clerk's Office.
Attorney Folmer had no business to report to the Board.
Supervisor Tupper questioned the status of the proposed Revised Zoning Ordinance, and
suggested the Board think about scheduling a public hearing if the proposed ordinance was ready
for review.
Attorney Folmer stated he would contact Walt Kalena from Clough, Harbour &
Associates, LLP to discuss the proposed ordinance. Attorney Folmer would report back to the
Board at the next Town Board Meeting. -
Supervisor Tupper apprised the Board that per the Cortland County Civil Service
Department, the Town must have an official Organizational Chart for Administration and the
Highway Department, to be in compliance. Supervisor Tupper requested the Board receive and
file the official organizational charts.
Councilman Proud made a motion, seconded by Councilman Testa, to receive and file the
official Administrative Organizational Chart, and Highway Department Organizational Chart for
the Town of Cortlandville, dated November 1, 2007. All voting aye, the motion was carried.
zL47
NOVEMBER 07, 2007 TOWN BOARD MEETING PAGE 12
RESOLUTION #223 REJECT BIDS FOR STARR ROAD AND VERNON DRIVE
SEWER IMPROVEMENT PROJECT — 2007
Motion Councilman Proud
Seconded by Councilman O'Donnell
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 Smith 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 Street
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, and
WHEREAS, the Town Board accepted the bid from Vacri Construction Corporation in the
amount of $113,000.00 for the Starr Road Sewer Improvement portion of the project on August
15, 2007, subject to the submittal of an opinion letter from Town Attorney Folmer to the Board,
and
WHEREAS, it was Attorney Folmer's opinion that the bid could not be split into two separate
projects because the bids were not submitted project specific, therefore
BE IT RESOLVED, the Town Board does hereby reject the bids for the Starr Road and Vernon
Drive Sewer Improvement Project — 2007.
Councilman Proud requested the Starr Road and Vernon Drive Sewer Improvement
Project remain as an old business item to be revisited in the future. He mentioned that sanitary
sewer services must be provided to the Starr Road Park in the future, and that the Vernon Drive
project should be done for safety reasons.
Councilman O'Donnell questioned whether the projects should be bid separately.
Councilman Proud suggested the projects be bid together, but with the ability for bids to
be separated.
Attorney Folmer stated if the projects were structured as Project A and Project B, the
contractors could bid on both projects separately. The Town could accept one bid and reject the
other if necessary.
Councilman Testa explained that plans had changed for running sewer to the Starr Road
Park. Therefore, it would only be necessary to redesign and go out to bid for the Vernon Drive
Sewer Improvement Project.
RESOLUTION #224 AUTHORIZE SUPERVISOR TO EXECUTE EASEMENT AND
RIGHT-OF-WAY WITH VERIZON NEW YORK INC. FOR
THE PURPOSE OF RELOCATING POLES AND CABLES
ON TOWN PROPERTY LOCATED AT 3537 NYS ROUTE 281
Motion by Councilman Proud
Seconded by Councilman Rocco
VOTES: ALL AYE ADOPTED
NOVEMBER 07, 2007 TOWN BOARD MEETING PAGE 13
BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to execute
an Easement and Right -Of -Way with Verizon New York Inc. for the purpose of relocating poles
and cables on town property, tax map #95.16-01-07.000 located at 3537 NYS Route 281, as a
result of the planned NYS Route 281/Route 13 Corridor Project by the New York State
Department of Transportation, and it is further
RESOLVED, the Town Board does hereby accept payment of $75.00 from Verizon New York
Inc., for the Easement and Right -Of -Way.
Councilman Proud reported on the NYS Route 281/Route 13 Corridor Project and the
Town's interest in relocating town sewer lines. The NYS DOT requested a letter of intent from
the Town to go forward with the project. Supervisor Tupper forwarded a letter based on the
Board's approval at the last meeting. The State would contact the Town regarding the next steps
after January 1, 2008.
Supervisor Tupper requested authorization from the Board to sign an agreement with
Thoma Development Consultants for grant writing services in relation to two grant applications
that could provide funding for the extension of water to the Polkville area in the Town. He
explained that the first grant application was the Shared Municipal Services Initiative (SMSI),
which was a matching grant (90%) in cash. The second grant application was the LWRP
Environmental Protection Fund (LWRP), which was a matching grant (50%) in cash or in kind
services.
RESOLUTION #225 AUTHORIZE SUPERVISOR TO EXECUTE AGREEMENT
WITH THOMA DEVELOPMENT CONSULTANTS TO
PROVIDE GRANT WRITING SERVICES TO THE TOWN FOR
FUNDING THE EXTENSION OF WATER TO THE
POLKVILLE AREA
Motion by Councilman Rocco
Seconded by Councilman O'Donnell
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 to provide grant writing services to the
Town for the Shared Municipal Services Initiative (SMSI) and LWRP Environmental Protection
fund (LWRP) grant applications, which could provide funding to the Town for the extension of
water to the Polkville area, and it is further
RESOLVED, the cost for such grant writing services shall not exceed $3,500.00.
RESOLUTION #226 AUTHORIZE CHANGE ORDER 01-12 FROM DIAMOND &
THIEL CONSTRUCTION CO. FOR THE EXPANSION/
RENOVATION OF THE RAYMOND G. THORPE MUNICIPAL
BUILDING
Motion by Councilman Testa
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 01-12 from Diamond & Thiel Construction Co., a decrease in contract price of
$964.00, for the Expansion/Renovation of the Raymond G. Thorpe Municipal Building.
NOVEMBER 07, 2007 TOWN BOARD MEETING PAGE 14
z1-19
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 7:50 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 December 19, 2007.
1