HomeMy WebLinkAbout10-01-2008OCTOBER O1, 2008
7:00 P.M.
183
1
1
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, Ronal L. Rocco
Councilman, Edwin O'Donnell
Councilman, John C. Proud
Town Clerk, Karen Q. Snyder
Others present were: Town Attorney, John Folmer; Highway Sup't. Carl Bush; Town
Code Enforcement Officer, Tom Williams; Town Planning/Zoning Officer, Bruce Weber; Grace
Meddaugh; Dan, Patricia, and Andrew Mones from Valley View Gardens; News Reporter, Eric
Mulvihill from WXHC; News Reporter, Elaine Hughes from the Cortland Standard; and Sharon
Stevans for Channel 2, Access TV.
Supervisor Tupper called the meeting to order.
The Draft Town Board Minutes of September 3, 2008 and September 17, 2008 were
presented to the Board for their review.
RESOLUTION 4197 AUTHORIZE PAYMENT OF VOUCHERS — OCTOBER
Motion by Councilman Proud
Seconded by Councilman O'Donnell
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the vouchers submitted have been audited and shall be paid as follows:
General Fund A
Vouchers #487 - 518
$
92,014.25
General Fund B
B 160 - B 165
$
10,519.42
Highway Fund DB
D351 - D371
$
47,357.16
Trust & Agency
T12 - T12
$
29,476.63
Water Fund
W221 - W239
$
7,727.45
Sewer Fund
S115 - S116
$
2,074.53
Supervisor Tupper offered privilege of the floor to Daniel Mones.
Dan Mones, owner of Valley View Gardens in the Town of Cortlandville, thanked the
Board for the opportunity to discuss the transient business issue once again. He hoped the issue
would come to closure and that the Board would make a decision on the ordinance tonight. Mr.
Mones stated that the existing Transient Business Ordinance hurts existing businesses that invest
time and equity into the community. He requested the Board resolve the issue.
Councilman and Historian Rocco thanked all those people who helped with the Town's
float for the Bicentennial Parade, specifically Highway Sup't. Carl Bush, Town Clerk Snyder,
Dave Law from CNY Power Sports, and Deputy Town Clerk LaPlant for donating bails of hay.
He mentioned that he had a $1,000 budget to construct the float, and spent approximately $200.
He also thanked County Historian, Jeremy Boylan for his hard work.
Monthly reports of the Town Justice for the month of August 2008, and for the Town
Clerk, Water & Sewer Department, and Code Enforcement Office for the month of September
2008, were on the table for review and are filed in the Town Clerk's Office.
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OCTOBER O1, 2008 TOWN BOARD MEETING PAGE 2
There was discussion regarding the Amendment to the Transient Business Ordinance.
Supervisor Tupper requested Planning/Zoning Officer, Bruce Weber discuss the proposed
revised ordinance (Revision #8) and any concerns he may have.
Planning/Zoning Officer Weber suggested the Board decide whether or not the Town
should have a Transient Business Ordinance whatsoever. If the Board would like to have such
ordinance, he suggested the following changes be made:
- Change the time limit for the permit to 5 days
- Increase the fees, which had not changed since 1989
- Raise the penalty from $250, which was less than the cost of the proposed
permit and did not create an incentive for compliance
Councilman Rocco suggested the Board increase the penalty to $1000 for non-
compliance.
Town CEO, Tom Williams questioned whether there were statutory limits on fines that
could be imposed. He mentioned that the proposed ordinance also called for "imprisonment for
a term of not more than 15 days, or by both such fine and imprisonment."
Attorney Folmer did not believe there was a statutory limit, and stated it would be the
judge's prerogative to impose the fine, jail time or both.
Councilman Proud suggested if there was a statutory limit, Attorney Folmer should adjust
the fine to the maximum allowed.
With regard to the time limit, Revision #8 permitted the issuance of a permit for a seven
consecutive days. Mr. Weber suggested the time limit be reduced to 5 days. He explained that
most transient merchants typically set up for one or two days, and therefore suggested the Board
give consideration to how long the permit should be valid for, and how many times per year.
CEO Williams stated that the revised ordinance would allow the merchant to obtain one
permit per calendar year, and called attention to the term "enterprise" which would not allow the
same individual to apply for a permit twice under different names. The applicant would be
required to show proof of establishment of the enterprise or business, which included a county
DBA filing, state sales tax certificate, liability/worker's compensation/state disability insurance
coverage, and proof of authorization to use the property.
Councilman Rocco questioned whether the property owner was liable for any damage if
the transient business did not pay rent to conduct sales at the location.
Attorney Folmer stated the issue of liability was between the landowner and the person
utilizing the property. He stated he would be concerned if the ordinance required the merchant
to pay to lease the property.
There was further discussion regarding the term "enterprise" and whether it meant a
person or the operation itself. Mr. Weber thought the term "enterprise" meant that there would
have to be a connection between party A and party B. Councilman Rocco questioned whether
the connection would be financial or by relation.
Mr. Weber stated that the Transient Business Ordinance worked for the past 19 years
with no problem. He suggested the Board make small changes such as limiting the amount of
time and increasing the fees, which would get back to the intent of the regulation. He again
asked the Board whether it was their intent to have a Transient Business Ordinance at all. If so,
he suggested they decrease the distance from 3000 feet which encompasses over a square mile,
and in effect prohibits, any transient business. He suggested the Board reduce the distance to 500
feet.
Councilman Rocco stated he was concerned for the current businesses located in the
Town that pay taxes and contribute to the growth and success of the community.
Mr. Weber discussed the transient business application of Hannah's Flowers that caused
the Board to review the ordinance. He stated that transient businesses, although not permanent
in nature, may have a positive impact on other businesses in the area. While they could impact
certain businesses more than others, Mr. Weber stated it was not the position of the zoning law to
regulate competition. Also, Mr. Weber informed the Board that the outside sale of horticultural
products was a permitted use subject to a conditional permit by the Town Planning Board. Mr.
Weber suggested that revising the ordinance would not necessarily resolve the issue that Mr.
Mones had with transient businesses, because Hannah's Flowers could apply for and receive a
conditional permit to operate. Had Hannah's Flowers received a conditional permit from the
beginning, Mr. Weber suggested there would never have been conversation about revising the
Transient Business Ordinance.
Councilman Proud agreed that if Hannah's Flowers received a conditional permit, the
problems with the transient ordinance would not have been brought to the Board's attention.
Mr. Weber apprised the Board the way the revised ordinance was written would also
prohibit Royal Motors from applying for a transient permit, which they apply for each year,
because a used car dealership was located within 3000 feet of the site. However, he explained
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OCTOBER 01, 2008 TOWN BOARD MEETING PAGE 3
that Royal Motors could apply for a conditional permit to conduct sales, which would also
alleviate them from the permit fees.
Attorney Folmer questioned whether the "door was still open ... for an applicant to make
an application for a conditional permit?" If so, and if the Board wanted to make the conditional
permit consistent with the Transient Business Ordinance being proposed, the Board would have
to look at malting limitations to the issuances of conditional permits.
CEO Weber stated the only limitation he could think of would be establishing a time
frame for "x" amount of months. However, once a conditional permit was issued, the Town
could not force the person to stay in business if he wanted to leave after a shorter period of time.
Supervisor Tupper questioned whether the Board was in agreement with the following
changes to the proposed Transient Business Ordinance: change the time limit for the permit
from 7 consecutive days to 5 consecutive days; increase the fine from $250 to $1000; decrease
the distance from 3000 feet to 500 feet (straight line feet). The Board agreed on the changes.
Councilman Testa questioned whether the ordinance should limit the sale of the same
product at the same location for a certain period of time after the expiration of a license. Mr.
Weber suggested language could be included to state, "no other transient business permit shall be
issued for the same site for the sale of the same/similar items within a three month period."
Attorney Folmer questioned whether the Transient Business Ordinance intended to
regulate the transient businessman, or does it intend to regulate the business itself.
Mr. Weber stated the Transient Business Ordinance regulated the use of the land, which
is what a zoning ordinance is.
Attorney Folmer questioned whether the Board wanted him to look into whether "no
transient business permit can be issued for the sale of the same product for a period of time after
the expiration of a permit at the same location." If so, Attorney Folmer stated he would need
more time to prepare the language of the ordinance.
Councilman Proud suggested the Board conduct the public hearing on October 15ch
without including language involving the sale of the same product, which he felt would not make
much of a difference.
Attorney Folmer stated he wanted to be careful that the Board did not direct him to draft
legislation that could be categorized as "river legislation."
The Board agreed to schedule a public hearing on the proposed revised Local Law,
Revision #8, as amended tonight.
RESOLUTION #198 SCHEDULE PUBLIC HEARING FOR LOCAL LAW OF 2008 —
AMENDMENT TO TRANSIENT BUSINESS ORDINANCE
FOR OCTOBER 15.2008
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 2008 — Amendment to Chapter 155, Transient Business Ordinance (Revision #8 as
amended October 1, 2008), for October 15, 2008 at 5:00 p.m. or as soon thereafter as the parties
may be heard.
Supervisor Tupper apprised the Board the 2009 Tentative Budget was complete. He
explained that the Tentative Budget included each departments "wish -list", the proposed 2009
contract amounts, and estimated revenues. He noted an error with the 2008 Village tax rate,
which should have read $1.41 rather than $1.59. Supervisor Tupper explained that the 2009
tentative tax rate increased slightly from the 2008 rate, however he hoped that by the time the
preliminary budget was presented the 2009 tax rate would be less than the 2008 tax rate.
RESOLUTION #199 ACKNOWLEDGE RECEIVING 2009 TENTATIVE BUDGET
Motion by Councilman Proud
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Clerk received the 2009 Tentative Budget on October 1, 2008,
and has presented it to Town Board members, in accordance with Town Law.
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OCTOBER O1, 2008 TOWN BOARD MEETING PAGE 4
Councilman Rocco questioned the status of construction of the Wal-Mart Supercenter.
Supervisor Tupper apprised the Board that Wal-Mart was in the bid process. Also,
according to the Planning Board, Lowe's Home Improvement would be approaching the
Planning Board at its next meeting.
With regard to United Development Corp.'s student housing project located on Route 13,
Supervisor Tupper apprised the Board that both the demolition permit and building permit were
issued. Attorney Folmer added that the Planning Board approved a modification to the location
of one of the buildings, to remedy a situation involving property owned by the Kennedy's.
Attorney Folmer reported:
Article 78 Proceeding:
Attorney Folmer reported that an Article 78 Proceeding commenced against Town Justice
Casullo over a procedural criminal manner. Attorney Folmer was in the process of working with
the District Attorney's office to respond by the return date of October 9, 2008.
Road Dedication of Hatcher's Run:
Attorney Folmer apprised the Board that the construction of the road Hatcher's Run was
complete according to Highway Sup't. Bush and was therefore ready to be accepted by the
Town. He suggested the Board accept the road dedication of Hatcher's Run and the dedication
of the stormwater parcel from the developer, and authorize the Supervisor to execute the
documents when deemed acceptable by the Town Attorney.
RESOLUTION #200 ACCEPT ROAD DEDICATION OF HATCHER'S RUN AND
DEDICATED STORMWATER PARCEL FROM DEVELOPER
BUILDER'S BEST PROPERTIES LLC. SUBJECT TO TOWN
ATTORNEY APPROVAL
Motion by Councilman Testa
Seconded by Councilman Rocco
VOTES: ALL AYE ADOPTED
WHEREAS, the Town of Cortlandville Highway Sup't. has inspected the road called Hatcher's
Run and has determined that such road has been constructed in accordance with Town standards,
therefore
BE IT RESOLVED, the Town Board does hereby accept the dedication of the road known as
Hatcher's Run from Builder's Best Properties LLC, including the dedicated stormwater parcel,
and it is further
RESOLVED, the Supervisor is hereby authorized and directed to execute the documents when
delivered to the Town in an acceptable form, and after being approved by the Town Attorney.
Annexation of Bell Drive:
Attorney Folmer recalled discussion regarding the annexation of two small portions of
land from the Village of Homer to the Town of Cortlandville located at the end of Bell Drive
(discussed in April/May/June 2006). The land under consideration is owned by Kenneth A.
DeMunn Trust, tax map #76.15-01-03.100, and Gary and Charlene Wilcox, tax map #76.15-01-
03.200. Both properties are subject to an easement involving the Cortland Country Club that
also has to be considered.
Attorney Folmer reported that annexing the property was a "procedural nightmare" as it
would involve the Town of Cortlandville, Town of Homer, Village of Homer, every School
District involved, or any agency that has a bonding program associated to it. Attorney Folmer
stated the process would take a significant period of time and may require a referendum at the
general election.
OCTOBER 01, 2008
187
TOWN BOARD MEETING
PAGE 5
Bonding for Vernon Drive/Starr Road and NYS Route 281/McLean Road:
Attorney Folmer apprised the Board the Bonding Resolutions adopted at the September
17, 2008 Town Board Meeting must be rescinded as they required a 2/3 vote from the Town
Board. Only three members were present at the last meeting, which constitutes a quorum but not
a 2/3 majority vote. Attorney Folmer requested the Board rescind the resolutions adopted on
September 17, 2008 and readopt them in the same form tonight.
RESOLUTION #201 RESCIND TOWN BOARD RESOLUTION #185 AND #186
REGARDING BONDING FOR THE INCREASE AND
IMPROVEMENT OF FACILITIES OF THE TOWNWIDE
WATER DISTRICT (NYS ROUTE 281/MCLEAN ROAD),
RESOLUTION #188 AND #189 REGARDING BONDING FOR
THE INCREASE AND IMPROVEMENT OF FACILITIES OF
THE TOWNWIDE SEWER DISTRICT (VERNON
DRIVE/STARR ROAD)
Motion by Councilman Rocco
Seconded by Councilman O'Donnell
VOTES: ALL AYE ADOPTED
WHEREAS, the Town Board adopted Bonding Resolutions at the September 17, 2008 Town
Board Meeting without the required favorable vote of not less than two-thirds of all the members
of said Board, therefore
BE IT RESOLVED, the Town Board does hereby rescind the following Town Board Resolutions
regarding Bonding for the increase and improvement of facilities of the Townwide Water District
and the Townwide Sewer District:
Resolution #185 - "Adopt Resolution and Order After Public Hearing for the Increase
and Improvement of Facilities of the Townwide Water District (NYS
Route 281/McLean Road), in the Town of Cortlandville"
Resolution #186 - "Bond Resolution of the Town of Cortlandville, New York, Adopted
September 17, 2008, Appropriating $353,000 for the Increase and
Improvement of Facilities of the Townwide Water District, and
Authorizing the Issuance of $353,000 Serial Bonds of said Town to
Finance said Appropriation"
Resolution #188 - "Adopt Resolution and Order After Public Hearing for the Increase
and Improvement of Facilities of the Townwide Sewer District
(Vernon Drive/Starr Road), in the Town of Cortlandville"
Resolution #189 - "Bond Resolution of the Town of Cortlandville, New York,
Adopted September 17, 2008, Appropriating $325,000 for the
Increase and Improvement of Facilities of the Townwide Sewer
District (Vernon Drive/Starr Road), and Authorizing the Issuance
of $325,000 Serial Bonds of said Town to Finance said
Appropriation"
RESOLUTION 4202 ADOPT RESOLUTION AND ORDER AFTER PUBLIC
HEARING FOR THE INCREASE AND IMPROVEMENT OF
FACILITIES OF THE TOWNWIDE WATER DISTRICT (NYS
ROUTE 281/MCLEAN ROAD), IN THE TOWN OF
CORTLANDVILLE
Motion by Councilman Proud
Seconded by Councilman Testa
VOTES: Supervisor Tupper Aye
Councilman Testa Aye
Councilman Rocco Aye
Councilman O'Donnell Aye
Councilman Proud Aye
ADOPTED
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OCTOBER O1, 2008 TOWN BOARD MEETING PAGE 6
WHEREAS, the Town Board of the Town of Cortlandville (herein called the "Town Board" and
"Town", respectively), in the County of Cortland, New York, on behalf of the Townwide Water
District (herein called the "District"), in the Town, has caused to be prepared by an engineer duly
licensed by the State of New York (the "Engineer") to prepare a preliminary map and plan for
the increase and improvement of facilities of the District, consisting of the installation of new
water lines away from the right of way being used for the reconstruction of NYS Route
281/McLean Road, including ancillary work in connection therewith; and pursuant to the
direction of the Town, the Engineer has completed and filed with the Town Board such
preliminary map and plan for said increase and improvement of facilities of the District and has
estimated the cost thereof to be $353,000; and
WHEREAS, the Town Board adopted an Order describing in general terms the proposed
increase and improvement of facilities, specifying the estimated cost thereof, and stating the
Town Board would meet to hear all persons interested in said increase and improvement of
facilities on September 17, 2008 at 5:00 o'clock P.M. (Prevailing Time) at the Raymond G.
Thorpe Municipal Building, 3577 Terrace Road, Cortland, New York; and
WHEREAS, a Notice of such public hearing was duly published and posted pursuant to the
provisions of Article 12 of the Town Law and other applicable law; and
WHEREAS, such public hearing was duly held by the Town Board on the 17th day of
September, 2008 at 5:00 o'clock P.M. (Prevailing Time) at the Raymond G. Thorpe Municipal
Building, 3577 Terrace Road, Cortland, New York, with considerable discussion on the matter
having been had and all persons desiring to be heard having been heard, including those in favor
of and those in opposition to said increase and improvement of such facilities; and
WHEREAS, the Town Board, as lead agency, has given due consideration to the impact that the
project described herein may have on the environment and has determined that such project will
not result in any significant adverse environmental impacts and a negative declaration has been
adopted by the Town Board;
Now, therefore, on the basis of the information given at such hearing, it is hereby
DETERMINED, that it is in the public interest to increase and improve the facilities of the
District as hereinabove described, at the estimated maximum cost of $353,000; and it is hereby
ORDERED, that the facilities of the District shall be so increased and improved and that the
Engineer heretofore retained by the Town Board shall prepare plans and specifications and make
a careful estimate of the expense for said increase and improvement of such facilities and, with
the assistance of the Town Attorney or the attorney for the District, shall prepare a proposed
contract for such increase and improvement of facilities of the District, which plans and
specifications, estimate and proposed contract shall be presented to the Town Board as soon as
possible; and it is hereby
FURTHER ORDERED, that the expense of said increase and improvement of facilities shall be
financed by the issuance of $353,000 bonds of the Town, and the costs of said increase and
improvement of facilities, including payment of principal of and interest on said bonds, shall be
paid by the assessment, levy and collection of assessments upon the several lots and parcels of
land within the District, so much upon and from each as shall be in just proportion to the amount
of benefit conferred upon the same to pay the principal of and interest on said bonds; and it is
hereby
FURTHER ORDERED, that the Town Clerk record, or cause to be recorded, a certified copy of
this Resolution and Order After Public Hearing in the office of the Clerk of Cortland County
within ten (10) days after adoption thereof.
1�y
OCTOBER O1, 2008 TOWN BOARD MEETING PAGE 7
RESOLUTION #203 BOND RESOLUTION OF THE TOWN OF CORTLANDVILLE,
NEW YORK, ADOPTED OCTOBER O1, 2008, APPROPRIATING
$353,000 FOR THE INCREASE AND IMPROVEMENT OF
FACILITIES OF THE TOWNWIDE WATER DISTRICT (NYS
ROUTE 281/MCLEAN ROAD), AND AUTHORIZING THE
ISSUANCE OF $353,000 SERIAL BONDS OF SAID TOWN TO
FINANCE SAID APPROPRIATION
Motion by Councilman Proud
Seconded by Councilman Testa
VOTES: Supervisor Tupper
Aye
Councilman Testa
Aye
Councilman Rocco
Aye
Councilman O'Donnell
Aye
Councilman Proud
Aye
ADOPTED
WHEREAS, following preparation of a map and plan and an estimate of cost for the increase and
improvement of facilities of the Townwide Water District (herein called the "District"), in the
Town of Cortlandville (herein called the "Town"), in the County of Cortland, New York, and
after a public hearing duly called and held, the Town Board of the Town determined that it is in
the public interest to increase and improve the facilities of the District, and ordered that such
facilities be so increased and improved;
Now, therefore, be it
RESOLVED BY THE TOWN BOARD OF THE TOWN OF CORTLANDVILLE, IN THE
COUNTY OF CORTLAND, NEW YORK (by the favorable vote of not less than two-thirds of
all the members of said Board) AS FOLLOWS:
Section 1, The Town hereby appropriates the amount of $325,000 for the increase and
improvement of facilities of the District, consisting of the installation of new water lines away
from the right of way being used for the reconstruction of NYS Route 281/McLean Road,
including ancillary work in connection therewith. The estimated maximum cost thereof,
including preliminary costs and costs incidental thereto and the financing thereof, is $353,000
and said amount is hereby appropriated therefor. The plan of financing includes the issuance of
$353,000 bonds of the Town to finance said appropriation and the assessment, levy and
collection of assessments upon the several lots and parcels of land within the District shall be
paid by the assessment, levy and collection of assessments upon the several lots and parcels of
land within the District, so much upon and from each as shall be in just proportion to the amount
of benefit conferred upon the same to pay the principal of and interest on said bonds.
Section 2. Bonds of the Town are hereby authorized to be issued in the principal amount
of $353,000 pursuant to the provisions of the Local Finance Law, constituting Chapter 33-a of
the Consolidated Laws of the State of New York (herein called "Law"), to finance said
appropriation.
Section 3. The following additional matters are hereby determined and stated:
(a) The period of probable usefulness of the object or purpose for which said bonds are
authorized to be issued, within the limitations of Section 11.00 a. 1 of the Law, is forty
(40) years.
(b) The proceeds of the bonds herein authorized and any bond anticipation notes issued
in anticipation of said bonds may be applied to reimburse the Town for expenditures
made after the effective date of this resolution, or for expenditure made prior to the
effective date if a declaration of intent to issue bonds has been made. The foregoing
statement of intent with respect to reimbursement is made in conformity with Treasury
Regulation Section 1.150-2 of the United States Treasury Department.
(c) The proposed maturity of the serial bonds authorized by this resolution will exceed
five (5) years.
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OCTOBER O1, 2008 TOWN BOARD MEETING PAGE 8
Section 4. Each of the bonds authorized by this resolution and any bond anticipation
notes issued in anticipation of said bonds shall contain the recital of validity prescribed by
Section 52.00 of the Law and said bonds and any notes issued in anticipation said bonds shall be
general obligations of the Town, payable as to both principal and interest by a general tax upon
all the taxable real property within the Town without limitation as to rate or amount. The faith
and credit of the Town are hereby irrevocably pledged to the punctual payment of the principal
of and interest on said bonds and any notes issued in anticipation of the sale of said bonds, and
provision shall be made annually in the budget of the Town by appropriation for (a) the
amortization and redemption of the bonds and any notes issued in anticipation thereof to mature
in such year and (b) the payment of interest to be due and payable in such year.
Section 5. Subject to the provisions of this resolution and of the Law and pursuant to the
provisions of Section 2.1.00 relative to the authorization of the issuance of bonds with
substantially level or declining annual debt service, Section 30.00 relative to the authorization of
the issuance of bond anticipation notes and Section 50.00 and Sections 56.00 to 60.00 and
168.00 of the Law, the powers and duties of the Town Board relative to authorizing bond
anticipation notes and prescribing the terms, form and contents and as to the sale and issuance of
the bonds herein authorized, and the renewals of said bond anticipation notes, and relative to
executing contracts for credit enhancements and providing for substantially level or declining
annual debt service, are hereby delegated to the Supervisor, the chief fiscal officer of the Town.
Section 6. The validity of the bonds authorized by this resolution, and of any notes
issued in anticipation of said bonds, may be contested only if:
(a) such obligations are authorized for an object or purpose for which the
Town is not authorized to expend money, or
(b) the provisions of law which should be complied with at the date of the
publication of such resolution, or a summary thereof, are not substantially
complied with, and
an action, suit or proceeding contesting such validity is commenced within twenty days after the
date of such publication, or
(c) such obligations are authorized in violation of the provisions of the
constitution.
Section 7. This resolution shall take effect immediately and the Town Clerk is hereby
authorized and directed to publish the foregoing bond resolution, in summary, in "THE
CORTLAND STANDARD," a newspaper having a general circulation in said Town, which is
hereby designated as the official newspaper of the Town for such publication, together with the
Town Clerk's statutory notice in the form prescribed by Section 81.00 of the Local Finance Law
of the State of New York.
RESOLUTION #204 ADOPT RESOLUTION AND ORDER AFTER PUBLIC
HEARING FOR THE INCREASE AND IMPROVEMENT OF
FACILITIES OF THE TOWNWIDE SEWER DISTRICT
(VERNON DRIVE/STARK ROAD), IN THE TOWN OF
CORTLANDVILLE
Motion by Councilman Proud
Seconded by Councilman Testa
VOTES: Supervisor Tupper Aye
Councilman Testa Aye
Councilman Rocco Aye
Councilman O'Donnell Aye
Councilman Proud Aye
ADOPTED
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191
OCTOBER O1, 2008 TOWN BOARD MEETING PAGE 9
WHEREAS, the Town Board of the Town of Cortlandville (herein called the "Town Board" and
"Town", respectively), in the County of Cortland, New York, on behalf of the Townwide Sewer
District (herein called the "District"), in the Town, has caused an engineer duly licensed by the
State of New York (the "Engineer") to prepare a preliminary map and plan for the increase and
improvement of facilities of the District, consisting of the installation of a new flow valve and
improvements to existing sewer lines on Vernon Drive, including ancillary work in connection
therewith, and construction of new sewer service to Starr Road; and pursuant to the direction of
the Town, the Engineer has completed and filed with the Town Board such preliminary map and
plan for said increase and improvement of facilities of the District and has estimated the cost
thereof to be $325,000; and
WHEREAS, the Town Board adopted an Order describing in general terms the proposed
increase and improvement of facilities, specifying the estimated cost thereof, and stating the
Town Board would meet to hear all persons interested in said increase and improvement of
facilities on September 17, 2008 at 5:00 o'clock P.M. (Prevailing Time) at the Raymond G.
Thorpe Municipal Building, 3577 Terrace Road, Cortland, New York, and
WHEREAS, a Notice of such public hearing was duly published and posted pursuant to the
provisions of Article 12 of the Town Law and other applicable law; and
WHEREAS, such public hearing was duly held by the Town Board on the 17th day of
September, 2008 at 5:00 o'clock P.M. (Prevailing Time) at the Raymond G. Thorpe Municipal
Building, 3577 Terrace Road, Cortland, New York, with considerable discussion on the matter
having been had and all persons desiring to be heard having been heard, including those in favor
of and those in opposition to said increase and improvement of such facilities; and
WHEREAS, the Town Board, as lead agency, has given due consideration to the impact that the
project described herein may have on the environment and has determined that such project will
not result in any significant adverse environmental impacts and a negative declaration has been
adopted by the Town Board;
Now, therefore, on the basis of the information given and received at such hearing, it is hereby
DETERMINED, that it is in the public interest to increase and improve the facilities of the
District as hereinabove described, at the estimated maximum cost of $325,000; and it is hereby
ORDERED, that the facilities of the District shall be so increased and improved and that the
Engineer heretofore retained by the Town Board shall prepare plans and specifications and make
a careful estimate of the expense for said increase and improvement of such facilities and, with
the assistance of the Town Attorney or the attorney for the District, shall prepare a proposed
contract for such increase and improvement of facilities of the District, which plans and
specifications, estimate and proposed contract shall be presented to the Town Board as soon as
possible; and it is hereby
FURTHER ORDERED, that the expense of said increase and improvement of facilities shall be
financed by the issuance of $325,000 bonds of the Town, and the costs of said increase and
improvement of facilities, including payment of principal of and interest on said bonds, shall be
paid by the assessment, levy and collection of assessments upon the several lots and parcels of
land within the District, so much upon and from each as shall be in just proportion to the amount
of benefit conferred upon the same to pay the principal of and interest on said bonds; and it is
hereby
FURTHER ORDERED, that the Town Clerk record, or cause to be recorded, a certified copy of
this Resolution and Order After Public Hearing in the office of the Clerk of Cortland County
within ten (10) days after adoption thereof.
19Z
OCTOBER O1, 2008
TOWN BOARD MEETING
PAGE 10
RESOLUTION #205 BOND RESOLUTION OF THE TOWN OF
NEW YORK, ADOPTED OCTO
APPROPRIATING $325,000 FOR THE
IMPROVEMENT OF FACILITIES OF
CORTLANDVILLE,
3ER O1, 2008,
INCREASE AND
THE TOWNWIDE
SEWER DISTRICT (VERNON DRIVE/STARR ROAD), AND
AUTHORIZING THE ISSUANCE OF $325,000 SERIAL
BONDS OF SAID TOWN TO FINANCE SAID APPROPRIATION
Motion by Councilman Proud
Seconded by Councilman Testa
VOTES: Supervisor Tupper Aye
Councilman Testa Aye
Councilman Rocco Aye
Councilman O'Donnell Aye
Councilman Proud Aye
ADOPTED
WHEREAS, following preparation of a map and plan and an estimate of cost for the increase and
improvement of facilities of the Townwide Sewer District (herein called the "District"), in the
Town of Cortlandville (herein called the "Town"), in the County of Cortland, New York, and
after a public hearing duly called and held, the Town Board of the Town determined that it is in
the public interest to increase and improve the facilities of the District, and ordered that such
facilities be so increased and improved;
Now, therefore, be it
RESOLVED BY THE TOWN BOARD OF THE TOWN OF CORTLANDVILLE, IN THE
COUNTY OF CORTLAND, NEW YORK (by the favorable vote of not less than two-thirds of
all the members of said Board) AS FOLLOWS:
Section 1. The Town hereby appropriates the amount of $325,000 for the increase and
improvement of facilities of the District, consisting of the installation of a new flow valve and
improvements to existing sewer lines on Vernon Drive, including ancillary work in connection
therewith, and construction of new sewer service to Starr Road. The estimated maximum cost
thereof, including preliminary costs and costs incidental thereto and the financing thereof, is
$325,000 and said amount is hereby appropriated therefor. The plan of financing includes the
issuance of $325,000 bonds of the Town to finance said appropriation and the assessment, levy
and collection of assessments upon the several lots and parcels of land within the District shall be
paid by the assessment, levy and collection of assessments upon the several lots and parcels of
land within the District, so much upon and from each as shall be in just proportion to the amount
of benefit conferred upon the same to pay the principal of and interest on said bonds.
Section 2. Bonds of the Town are hereby authorized to be issued in the principal amount
of $325,000 pursuant to the provisions of the Local Finance Law, constituting Chapter 33-a of
the Consolidated Laws of the State of New York (herein called "Law"), to finance said
appropriation.
Section 3. The following additional matters are hereby determined and stated:
(a) The period of probable usefulness of the object or purpose for which said
bonds are authorized to be issued, within the limitations of Section 11.00 a. 4 of
the Law, is forty (40) years.
(b) The proceeds of the bonds herein authorized and any bond anticipation notes
issued in anticipation of said bonds may be applied to reimburse the Town for
expenditures made after the effective date of this resolution, or for expenditures
made prior to the effective date if a declaration of intent to issue bonds has been
made. The foregoing statement of intent with respect to reimbursement is made
in conformity with Treasury Regulation Section 1.150-2 of the United States
Treasury Department.
(c) The proposed maturity of the serial bonds authorized by this resolution will
exceed five (5) years.
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OCTOBER 01, 2008 TOWN BOARD MEETING PAGE 11
Section 4. Each of the bonds authorized by this resolution and any bond anticipation
notes issued in anticipation of said bonds shall contain the recital of validity prescribed by
Section 52.00 of the Law and said bonds and any notes issued in anticipation said bonds shall be
general obligations of the Town, payable as to both principal and interest by a general tax upon
all the taxable real property within the Town without limitation as to rate or amount. The faith
and credit of the Town are hereby irrevocably pledged to the punctual payment of the principal
of and interest on said bonds and any notes issued in anticipation of the sale of said bonds, and
provision shall be made annually in the budget of the Town by appropriation for (a) the
amortization and redemption of the bonds and any notes issued in anticipation thereof to mature
in such year and (b) the payment of interest to be due and payable in such year.
Section 5. Subject to the provisions of this resolution and of the Law and pursuant to the
provisions of Section 21.00 relative to the authorization of the issuance of bonds with
substantially level or declining annual debt service, Section 30.00 relative to the authorization of
the issuance of bond anticipation notes and Section 50.00 and Sections 56.00 to 60.00 and
168.00 of the Law, the powers and duties of the Town Board relative to authorizing bond
anticipation notes and prescribing the terms, form and contents and as to the sale and issuance of
the bonds herein authorized, and the renewals of said bond anticipation notes, and relative to
executing contracts for credit enhancements and providing for substantially level or declining
annual debt service, are hereby delegated to the Supervisor, the chief fiscal officer of the Town.
Section 6. The validity of the bonds authorized by this resolution, and of any notes
issued in anticipation of said bonds, may be contested only if.
(a) such obligations are authorized for an object or purpose for which the Town is
not authorized to expend money, or
(b) the provisions of law which should be complied with at the date of the
publication of such resolution, or a summary thereof, are not substantially
complied with, and
an action, suit or proceeding contesting such validity is commenced within twenty days after the
date of such publication, or
(b) such obligations are authorized in violation of the provisions of the
constitution.
Section 7. This resolution shall take effect immediately and the Town Clerk is hereby
authorized and directed to publish the foregoing bond resolution, in summary, in "THE
CORTLAND STANDARD," a newspaper having a general circulation in said Town, which is
hereby designated as the official newspaper of the Town for such publication, together with the
Town Clerk's statutory notice in the form prescribed by Section 81.00 of the Local Finance Law
of the State of New York.
Town Clerk Snyder reported she received notification from the Department of State
acknowledging receipt of Local Law No. 3 of 2008, Snow Removal Ordinance, effective
September 12, 2008
RESOLUTION #206 ACKNOWLEDGE NOTIFICATION FROM THE
DEPARTMENT OF STATE FOR FILING OF
LOCAL LAW NO. 3 OF 2008
Motion by Councilman O'Donnell
Seconded by Councilman Proud
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the State of New York Department of State acknowledged receipt of Local
Law No. 3 of 2008, "Snow Removal Ordinance," to be effective September 12, 2008.
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OCTOBER 01, 2008 TOWN BOARD MEETING PAGE 12
RESOLUTION #207 REFER CODE VIOLATION OF SAMUEL FISH FOR
PROPERTY LOCATED AT 1035 NYS ROUTE 222 TO TOWN
ATTORNEY FOR REVIEW AND PROCEED AS REQUIRED
Motion by Councilman Rocco
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the code violation of Samuel Fish for property located at 1035 NYS Route
222, Cortland, New York, tax map #86.13-01-37.100, is hereby referred to the Town Attorney
for review and he is hereby directed to proceed with compliance, as required.
There was discussion regarding the speed limit on Starr Road and the traffic report
submitted by the Cortland City Police Department. Supervisor Tupper explained that he and
Councilman Testa asked the Cortland City Chief of Police if the Town could utilize the City's
computerized traffic machine. The Town intended to set the traffic machine up again during the
little league season to monitor use of the road.
Supervisor Tupper explained the report and requested Town Clerk Snyder forward the
traffic report to the NYS DOT to support the Town's request for a lower speed limit on Starr
Road.
Councilman Proud made a motion, seconded by Councilman Testa, to receive and file the
Starr Road Ext. (Westbound) Traffic Report from Sgt. Edwards of the Cortland City Police
Department, dated September 4, 2008. All voting aye, the motion was carried.
There was discussion regarding the Revised Sketch Plan for Starr Road Drainage
Improvements from Barton & Loguidice, P.C. Supervisor Tupper drew attention to the proposed
pond behind Levydale Park. Supervisor Tupper and Highway Sup't. Bush discussed the
possibility of purchasing the land from the private owner, however they anticipated it would be
quite expensive.
Councilman Rocco stated he was concerned with future development on Starr Road and
the effect it would have on flooding. He reminded the Board of the problems with Renaissance
Development and Bell Drive. He requested Town Clerk Snyder send a copy of the
correspondence to County Legislator, Gene Waldbauer who would be interested in the
information.
Councilman Rocco made a motion, seconded by Councilman Proud, to receive and file
the Revised Sketch Plan for the Starr Road Drainage Improvements from Barton & Loguidice,
P.C., dated September 16, 2008. All voting aye, the motion was carried.
There was discussion regarding the response from Creighton Manning Engineering, LLP
to comments made by the NYS DOT and the student housing project of United Development
Group. Councilman Proud drew attention to page 6 of the report and Comment 5 from the NYS
DOT regarding sidewalks:
"In order to provide for multi -modal transportation options for residents of this facility,
the developer will be required to construct sidewalks across the entire frontages of NYS
Route 13 and 28 L"
The response to NYS DOT was the following:
"Sidewalks were not proposed across the site frontage on NY Route 281 based on a
review of the Plans for the scheduled reconstruction of NY Route 282 by NYSDOT.... It
is our understanding that the Town has no plans to provide a sidewalk network on the
east side of NY Route 281 or along NY Route 13...."
Councilman Proud suggested the Supervisor write a letter on behalf of the Board to the NYS
DOT notifying them that the Board was strongly in favor of requiring the construction of
sidewalks for safety reasons. The NYS DOT had the authority require sidewalks. Councilman
Proud also suggested the Board have discussion with the Planning Board regarding sidewalks
and future planning.
Supervisor Tupper stated he would write a letter to the NYS DOT on behalf of the Board.
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OCTOBER O1, 2008 TOWN BOARD MEETING PAGE 13
Councilman O'Donnell made a motion, seconded by Councilman Proud, to receive and
file correspondence from Creighton Manning Engineering, LLP to Mark Frechette, NYS DOT,
dated September 10, 2008, responding to the NYS DOT comments regarding the student housing
project of United Development Group, for property located off NYS Route 13. All voting aye,
the motion was carried.
RESOLUTION #208 AUTHORIZE SUPERVISOR TO EXECUTE CONTRACT WITH
THOMA DEVELOPMENT CONSULTANTS FOR PROGRAM
DELIVERY AND ADMINISTRATION OF THE FY 2008
HOME PROGRAM (CDBG) "ELDERLY OWNER OCCUPIED
REHABILITATION PROGRAM"
Motion by Councilman Testa
Seconded by Councilman Proud
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to execute
the contract with Thoma Development Consultants for program delivery and administrative
services of the FY 2008 Home Grant (CDBG), "Elderly Owner Occupied Rehabilitation
Program" in an amount not to exceed $67,000.00.
RESOLUTION #209 AUTHORIZE FORGIVING THE SEWER BENEFIT TAX UNIT
CHARGE FOR CERTAIN PROPERTIES LOCATED ON
STARR ROAD UNTIL SUCH TIME THAT THE PROPERTY
OWNERS CONNECT TO TOWN SEWER
Motion by Councilman Testa
Seconded by Councilman O'Donnell
VOTES: ALL AYE ADOPTED
WHEREAS, in 2008 the Town of Cortlandville installed a sewer line to the Ted Testa Park on
Starr Road, and
WHEREAS, the installation of said sewer line was to benefit the Ted Testa Park and it was the
Town Board's intent to forgive the sewer benefit tax on all other properties along this sewer line
until such time that the property owners connect to said sewer line, therefore
BE IT RESOLVED, the Town Assessor David Briggs is hereby authorized and directed to
forgive the sewer benefit tax unit charge for the following parcels until such time that the
property owners connect to said sewer line:
Tax Map Parcel #
96.11-01-03.000
96.11-01-04.100
96.11-01-04.200
96.11-01-08.000
96.11-01-09.000
96.11-01-17.100
96.11-01-17.200
96.00-01-08.200
96.00-03-10.120
There was a brief discussion regarding the proposed wind farm near the Cortland County
Dump, which involved four municipalities. A recommendation was made at a recent
informational meeting that the County Planning Board should act as lead agency for the project.
It was also said that a committee would be formed involving the four separate municipalities. A
suggestion was made that all four municipalities should adopt the same ordinance for
windmills/wind farms so that when it comes down to the application process there would not be
confusion as to four different regulations. Supervisor Tupper mentioned that over 50% of the 45
landowners involved in the proposed project had already signed lease agreements with TCI
Renewables.
Councilman Rocco apprised the Board he made a trip to Lowville, New York where there
are 300 wind turbines with a power station for National Grid. The wind turbines were
approximately 300 ft. tall with 200 ft. blades. In Councilman Rocco's opinion, the wind turbines
were not an eyesore and did not destroy the countryside.
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OCTOBER 01, 2008 TOWN BOARD MEETING PAGE 14
Councilman O'Donnell added that the Dept. of Agriculture stated they aimed at locating
the wind turbines in areas that would not affect farmland, and were focused on maintaining soil
productivity.
Councilman Proud also noted that TCI Renewables did not yet have permission to tie into
the grid, which was a critical element as to whether or not the wind turbines were constructed.
He anticipated that TCI would not continue to move forward without getting approval to hook -in
to the grid.
No further comments or discussion were heard.
Councilman Testa made a motion, seconded by Councilman Rocco, to adjourn the
Regular Meeting. All voting aye, the motion was carried.
The meeting was adjourned at 8:35 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 October 15, 2008.
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