HomeMy WebLinkAbout12-05-2007DECEMBER 05, 2007
7:00 P.M.
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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; Town Assessor, David Briggs; Town
Residents: Tom Dovi, Mark & Joyel Ecker, Anna Maria Maniaci, Tom & Diana Dovi, George
Ottenschot, Sherry & Jeff Davis, Jeanne & Scott Gablenz, Melissa Stockholm, Kathy Wright,
Robin Decker, Matt McSherry, Sonya Rocco, Tom Pasquarello; and Grace Meddaugh for
Channel 2, Access TV.
Supervisor Tupper called the meeting to order.
The Draft Town Board Minutes of November 20, 2007 was presented to the Board for
their review.
RESOLUTION #234 AUTHORIZE PAYMENT OF VOUCHERS — DECEMBER
Motion by Councilman O'Donnell
Seconded by Councilman Rocco
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the vouchers submitted have been audited and shall be paid as follows:
General Fund A
Vouchers #656 - 681
$138,052.84
General Fund B
B 152 - B 162
$ 19,396.94
Highway Fund DB
D459 - D486
$102,641.60
Capital Projects
H65 - H66
$ 14,969.50
Special Grant
SG56 - SG56
$ 1,000.00
Water Fund
W262 - W272
$ 4,275.53
Sewer Fund
5103 - 5106
$ 16,366.40
Supervisor Tupper offered privilege of the floor to Attorney Folmer.
Attorney Folmer addressed the issue regarding Town property located on Cedar Crest
Drive, which was raised by the Ecker family. First, Attorney Folmer stated that he does not
make decisions for the Town; the Town Board makes decisions. Attorney Folmer stated he
would give his opinion, some of which would be his legal opinion.
Attorney Folmer reported that it was the Board's intention to acquire the property located
on Cedar Crest Drive "to provide a vehicle by which a water and sewer line could be sometime
in the future run from the street to the area in back of the presently constructed homes and lots."
There was discussion regarding whether the Town should obtain an easement from the
developer, Mr. Murdock, or if the Town should take title to the property. A determination was
made that the Town should take title to the property for a couple of reasons.
Attorney Folmer explained that Mr. Murdock was concerned that if the Town had an
easement for the property rather than title, he would have to try to sell a building lot subject to
the easement. Mr. Murdock was not interested in doing such. Because of the nature of the
conveyance, the Board applied for the appropriate subdivision approval from the Town Planning
Board, which was granted. The deed was delivered and recorded.
Subsequent to the recording of the deed, a sign was posted at the entranceway to the
right-of-way, which the Town Board did not authorize. The Board did not authorize any signs to
be posted anywhere near the right-of-way.
At the urging of Councilman Proud, Attorney Folmer explained that the Board adopted a
policy by which the creation and usage of walking trails is encouraged throughout the Town, and
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DECEMBER 05, 2007 TOWN BOARD MEETING PAGE 2
that all Town property is available for such purpose. The purpose is to provide a place for
people to walk, and to not have to walk from one area to another by street or highway.
Attorney Folmer stated there have been several concerns addressed. First of all, there
was a question as to whether or not the existence of the Cedar Crest Drive property, if used as a
walking trail, would devaluate the contiguous properties. Town Assessor Briggs was asked to
comment on the question. It was his opinion that in his experience such a facility does not
devaluate the adjoining properties. Mr. Murdock, when he sold the Town the property, must
have considered that it would not significantly decrease the property value of his vacant lot. In
addition, Attorney Folmer stated there are other walking trails throughout the Town. He was not
aware that other complaints had been made concerning their use.
The two issues that Attorney Folmer was asked to address was with regard to dogs and
privacy. Attorney Folmer stated it would be possible to adopt an ordinance requiring an
individual to pick up after their dogs. There are other municipalities who have such ordinances,
however such municipalities are smaller in area and have a larger enforcement vehicle than the
Town does. Other municipalities have a large sanitation department, police department, and
code enforcement office, which is not the case in the Town. Attorney Folmer advised the Board
that to adopt such an ordinance for the Town would be an inappropriate exercise because it
would be unenforceable.
With regard to the issue over privacy, Attorney Folmer stated that the Town Board is not
able to guarantee anyone privacy. Some suggestions were made concerning things that could be
done, such as whether the Town would construct a fence. Attorney Folmer stated if the Town
constructed a fence along the Cedar Crest Drive property, it would set precedent for the Town to
do the same on other Town properties and right-of-ways. Another question raised was whether
the Town could build a fence for a landowner who wants privacy. Constitutionally, the Town is
prohibited from performing work and services on private property.
Attorney Folmer stated he was not sure that the Town Board was the forum where such
an issue could be resolved. He stated there is a difference in opinion between the residents of the
neighborhood. He suggested the neighborhood work together to resolve the issue.
Supervisor Tupper offered privilege of the floor to Attorney John Bardsley.
Attorney John Bardsley apprised the Board he represented Mark and Joyel Ecker and
Tom and Diana Dovi, who do not favor the walking trail. It was his clients understanding that
the property was purchased by the Town to be used for water and sewer lines. Attorney Bardsley
stated that Attorney Folmer's comments were duly noted and made sense. However, Attorney
Bardsley reviewed the Cedar Crest Drive subdivision map and stated it was clear that there was
never any intention for a walking trail in the neighborhood as presented to the Town. Those who
bought properties in the neighborhood were not aware that property would be used as a walking
trail.
Attorney Bardsley stated that according to the Town Code, an "alley" is defined as a strip
of land in which there is a right-of-way, municipally or privately owned, serving as a secondary
means of access to another property. In addition, according to §140-67(E)(3), alleys are
prohibited in residential areas.
Attorney Folmer stated he would discuss the issue with Attorney Bardsley.
Supervisor Tupper offered privilege of the floor to Jeanne Gablenz
Jeanne Gablenz, 3657 Winkle Way, presented the Board with a petition signed by
residents of the Sleepy Hollow-Westvale Drive neighborhoods, regarding the property purchased
by the Town on Cedar Crest Drive. Those who signed the petition were in favor of the "walking
trail" and thanked the Board for creating the walkway so that area residents could continue
walking between neighborhoods.
Mrs. Gablenz thanked the Board on behalf of her family, who has lived in the
neighborhood for 19 years. She commented that the neighborhood is a great place to live;
neighbors get along and enjoy each other. While she realized that the property was purchased to
accommodated future sewer lines, she explained that the land serves many useful purposes that
the neighborhood enjoys.
Mrs. Gablenz submitted her comments to the Board.
Councilman Rocco made a motion, seconded by Councilman Proud, to receive and file
correspondence from Jeanne and Scott Gablenz, dated December 5, 2007, as well as a petition
signed by town residents in the Sleepy Hollow-Westvale Drive neighborhoods, regarding Town
property located off of Cedar Crest Drive. All voting aye, the motion was carried.
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DECEMBER 05, 2007 TOWN BOARD MEETING
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Supervisor Tupper offered privilege of the floor to George Ottenschot.
George Ottenschot questioned whether the Town has insurance on the walking trails, and
how much the insurance costs. He also questioned who maintains the trails.
Attorney Folmer apprised Mr. Ottenschot that there is a blanket insurance policy
covering all Town property. The trails are maintained by the Town, however the degree to
which they are maintained depends on the season of the year.
Monthly reports of the Town Clerk and Code Enforcement Officer for the month of
November 2007 were on the table for review and are filed in the Town Clerk's Office.
RESOLUTION #235 ACCEPT FINANCIAL REPORT OF THE FISCAL AFFAIRS OF
THE TOWN OF CORTLANDVILLE FOR THE YEAR OF 2006
Motion by Councilman Rocco
Seconded by Councilman Proud
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Financial Report for the fiscal affairs of the Town of Cortlandville for
the year 2006, prepared by the independent auditors Ciaschi, Dietershagen, Little, Mickelson &
Company, LLP is hereby accepted and shall be received and filed.
RESOLUTION #236 ACCEPT ANNUAL REPORT OF TOWN RMO AND
SCHEDULE OF DISPOSED RECORDS IN 2007 IN
ACCORDANCE WITH THE RETENTION AND DISPOSITION
SCHEDULE
Motion by Councilman Proud
Seconded by Councilman O'Donnell
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby accept the Annual Report of the Records
Management Officer of the Town, including a list of the disposed records in 2007, in accordance
with the Records Retention Disposition Schedule, MU-1.
Town Clerk Snyder reported she received notification from the Cortland County Planning
Department that all Town Planning Board and Zoning Board of Appeals members completed
their required certification for the year 2007.
Attorney Folmer reported:
Windmill Ordinance:
Attorney Folmer apprised the Board he received correspondence from Clough Harbour &
Associates regarding the adoption of an ordinance regulating windmills in residential areas.
Attorney Folmer would discuss the issue with the Planning and Zoning Boards to get their
opinions. The suggestion was made because the Town does not have an ordinance regulating the
construction of windmills. It was also noted that an application for the construction of a
windmill was approved by the Town Planning Board on November 27, 2007.
The Board agreed it would be a good idea to discuss such an ordinance.
Partridge Hill Subdivision:
Attorney Folmer apprised the Board he was not in receipt of the executed documents
regarding the road dedication of Partridge Hill from Builder's Best Properties, LLC. The Board
accepted the road dedication subject to receipt of the executed documents at the November 20,
2007 Town Board Meeting.
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DECEMBER 05, 2007
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Proposed Local Laws:
Attorney Folmer reported that the Board intended to hold a public hearing this evening
regarding a proposed local law for the Administration & Enforcement of the NYS Uniform Fire
Prevention & Building Code. Because of the holiday and the Cortland Standard's publication
schedule, the legal notice was not published. Attorney Folmer suggested the Board schedule a
public hearing for the proposed local law for December 19, 2007 at 5:00 p.m.
Attorney Folmer also suggested the Board schedule a public hearing for the proposed
Revised Zoning Ordinance. Attorney Folmer explained that Board already established through
the SEQRA process the appropriate designation of the Town Board as Lead Agency. Under
SEQRA, the designation of Lead Agency continues to be in existence until the project is
completed. Since the project has not been completed, Lead Agency of the Town Board is still in
effect.
Attorney Folmer informed the Board the correct version of the proposed Revised Zoning
Ordinance was dated May 2, 2007. The May 2, 2007 draft was sent to County Planning for
review and recommendations, which had been received. Therefore, the Town Board was
prepared to schedule a public hearing regarding the Zoning Ordinance.
Because of the holiday season, Attorney Folmer suggested the Board publish a paid
advertisement in the Cortland Standard to inform citizens of the public hearings, in addition to
the published legal notices.
RESOLUTION #237 SCHEDULE PUBLIC HEARING FOR PROPOSED LOCAL
LAW OF 2007 — ADMINISTRATION & ENFORCEMENT OF
THE NYS UNIFORM FIRE PREVENTION & BUILDING
CODE FOR DECEMBER 19, 2007
Motion by Councilman Proud
Seconded by Councilman Rocco
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby schedule a Public Hearing for a proposed
Local Law of 2007 — Administration & Enforcement of the New York State Uniform Fire
Prevention & Building Code, for December 19, 2007 at 5:00 p.m.
RESOLUTION #238 SCHEDULE PUBLIC HEARING REGARDING LOCAL LAW —
2007 REVISED ZONING ORDINANCE
FOR DECEMBER 19, 2007
Motion by Councilman Proud
Seconded by Councilman Rocco
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, a Public Hearing shall be scheduled for December 19, 2007 at 5:00 p.m.
regarding Local Law — 2007, Revised Zoning Ordinance of the Town of Cortlandville, and it is
further
RESOLVED, that the Board may vote on the proposed Local Law after conducting the Public
Hearing.
Bond Anticipation Note:
Attorney Folmer apprised the Board the Bond Anticipation Note for the Raymond G.
Thorpe Municipal Building was due at the end of December 2007. At the request of the Board,
Attorney Folmer made the preliminary arrangements to turn the BAN in to a 5-year serial bond.
The appropriate paperwork was forthcoming.
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DECEMBER 05, 2007 TOWN BOARD MEETING PAGE 5
RESOLUTION #239 APPOINT VALERIE SCHMIDT AS A CLERK IN THE TOWN
OF CORTLANDVILLE (PERMANENT STATUS) IN
ACCORDANCE WITH THE CIVIL SERVICE LAW
Motion by Councilman Proud
Seconded by Councilman O'Donnell
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby appoint Valerie Schmidt as a clerk in the
Town of Cortlandville (permanent status), in accordance with the Civil Service Law.
RESOLUTION #240 APPOINT JEFF MACLEAN AS WATER TREATMENT PLANT
OPERATOR (PERMANENT STATUS) FOR THE TOWN OF
CORTLANDVILLE IN ACCORDANCE WITH THE CIVIL
SERVICE LAW
Motion by Councilman Proud
Seconded by Councilman Rocco
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby appoint Jeff MacLean as Water Treatment
Plant Operator (permanent status) for the Town of Cortlandville Water & Sewer Department in
accordance with the Civil Service Law.
The Town Board congratulated both Jeff MacLean and Valerie Schmidt for passing their
civil service exams and for scoring in the top three.
RESOLUTION #241 TABLE ACTION ON APPROVAL OF THE 2008 CONTRACT
FOR CLEANING SERVICES FOR THE RAYMOND G.
THORPE MUNICIPAL BUILDING
Motion by Councilman Proud
Seconded by Councilman Rocco
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby table action on approval of the 2008 contract
for cleaning services for the Raymond G. Thorpe Municipal Building until the December 19,
2007 Town Board Meeting.
RESOLUTION #242 APPROVE CONTRACT WITH AMES LINEN SERVICE
Motion by Councilman Rocco
Seconded by Councilman Proud
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby approve the contract with Ames Linen Service
for textile rental services for the Raymond G. Thorpe Municipal Building, and it is further
RESOLVED, the Supervisor is hereby authorized and directed to execute the contract.
RESOLUTION #243 AUTHORIZE SUPERVISOR TO FILE AN APPLICATION TO
THE NEW YORK STATE DEPARTMENT OF STATE (NYS
DOS) UNDER THE LOCAL WATERFRONT
REVITALIZATION PROGRAM ENVIRONMENTAL
PROTECTION FUND 2007-2008
Motion by Councilman Proud
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
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DECEMBER 05, 2007 TOWN BOARD MEETING PAGE 6
BE IT RESOLVED, the Town Board does hereby authorize and direct Richard C. Tupper,
Supervisor of the Town of Cortlandville to file an application to the New York State Department
of State (NYS DOS) under the Local Waterfront Revitalization Program Environmental
Protection Fund 2007-2008, and for the purposes of this application, be designated as the "Lead
Applicant Contact Person" to execute all financial and administrative processes related to the
grant program, and it is further
RESOLVED, it is the Town's intention to partner with the City of Cortland as part of this
application and, should funds be awarded, enter into an intermunicipal agreement with the City
of Cortland as required by the NYS DOS, and it is further
RESOLVED, the Town intends to apply for funds in an amount not to exceed $378,000, and
including a cash match not to exceed $378,000 and upon approval of said request to enter into
and execute a project agreement with the New York State Department of State for such financial
assistance to the Town of Cortlandville for the Route 11 Water Extension Project for the hamlet
of Polkville.
There was discussion regarding the proposed Empire Agrifuel bio-diesel plant to be
located in Polkville. Councilman Rocco suggested the Board approach the company and request
an onsite visit to another facility before making a decision as to whether the Town should invite
the company into the community. He stated that he researched the bio-diesel plant on the
Internet, and read "you can't smell it, you can't see it, you can't feel it." However, he stated that
those were someone else's words and that the Town should conduct its own research.
Councilman Rocco stated that similar to a business that planned to merge with another
company, representatives from the Town, the Village of McGraw, and the City of Cortland
should visit a similar facility before making a decision they could regret in the future.
Supervisor Tupper stated he would talk with the engineering firm for the project, O'Brien
& Gere, to discuss the possibility of visiting a facility.
Councilman O'Donnell mentioned that there was a similar facility in Buffalo, however he
believed the facility was processing corn rather than soybeans.
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 February 6, 2008.
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