HomeMy WebLinkAbout09-04-2002Zd
SEPTEMBER 04, 2002
7:00 P.M.
TOWN BOARD MEETING
The Regular Meeting of the Town Board of the Town of Cortlandville was held at
the Town Hall, 3577 Terrace Road, Cortland, New York, with Supervisor Thorpe
presiding.
Members present:
Supervisor, Raymond Thorpe
Councilman, Theodore Testa
Councilman, Edwin O'Donnell
Councilman John Pilato
Councilman, Ronal Rocco
Town Clerk, Karen Snyder
Others present were: Town Attorney, John Folmer; Highway Sup't., Carl Bush;
Water & Sewer Sup't., Peter Alteri; James Trasher of Clough, Harbour & Associates;
Planning Board Member, Nick Renzi; Dr. Edward Steinfeldt; Jill Giocondo of the Cortland
Standard; Rick VanDonsel; Michael Wilk: David Law; Bonnie Sherman; Nancy
Jendryaszek and Kim Thompson for Country Inns & Suites.
Supervisor Thorpe called the meeting to order.
Councilman Testa made a motion, seconded by Councilman O'Donnell, to approve
the Town Board Minutes of July 17, 2002 as written. All voting aye, the motion was
carried.
Motion by Councilman Rocco
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 #383 - 394
$
15,789.21
General Fund B
B 113 - B 118
$
5,954.66
Highway Fund DB
D310 - D327
$
12,983.75
Water Fund
W194 - W201
$
1,431.56
Sewer Fund
S87 - S88
$
4,075.87
Supervisor Thorpe offered privilege of the floor to Bonnie Sherman.
Councilman Testa introduced Bonnie Sherman, who along with her sister Betty
Murray, have been involved with organizing and implementing child abuse laws in
Cortland County.
Supervisor Thorpe interjected and suggested Bonnie Sherman be heard after Town
Attorney Folmer returned to the meeting.
Supervisor Thorpe offered privilege of the floor to Michael Wilk.
Michael Wilk of Blodgett Mills Road apprised the Board of a petition signed by
Town residents regarding the safety at the crossroads of Blodgett Mills Road and
Pendleton Street Extension. Residents would like the speed zone reduced to 30 mph., as
well as a speed limit sign posted closer to the intersection.
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SEPTEMBER 04, 2002 TOWN BOARD MEETING PAGE 2
Mr. Wilk stated a traffic count was conducted in August 2002 at the intersection of
Blodgett Mills Road and Pendleton Street Extension to determine how many cars travel
through the area on an average day.
Highway Sup't. Carl Bush stated the traffic count yielded 837 vehicles traveled
through the intersection per day.
Mr. Wilk stated there have been many close mishaps at the intersection as well as
one fatal accident. He requested the Town either reduce the speed limit or put two more
stop signs in to create a four-way stop at the intersection. Highway. Sup't. Bush placed
suggested speed signs near the intersection. However, Mr. Wilk does not feel much
attention is given to the signs by drivers.
Many people use Pendleton Street Extension and Blodgett Mills Road as a short cut
from Marathon and McGraw to Cortland and vice versa.
Mr. Wilk explained several incidents that could have been serious accidents.
Supervisor Thorpe questioned whether Pendleton Street Extension is a County
Road.
Highway Sup't. Carl Bush stated both roads are within the Town of Cortlandville.
Councilman Rocco questioned how the highway department could put an end to the
problem and whether a four-way stop was the answer.
Highway Sup't. Bush stated he wanted to cover all bases to ensure nothing is
overlooked.
Councilman Testa questioned what type of signs were necessary to warn drivers
before reaching the four-way stop?
Highway Sup't Bush stated there are already signs such as "stop ahead" on
Pendleton Street Extension before the intersection. Once the intersection becomes a four-
way stop, signs will be placed to warn drivers on Blodgett Mills Road of the change in the
intersection.
Mr. Wilk stated the intersection of Blodgett Mills Road and Pendleton Street
Extension is similar to the intersection of Starr Road and Route 215. Prior to the addition
of the blinking light at the four-way stop there were still many accidents.
Councilman Rocco asked the members of the Board for assurance that proper
attention would be given to the problem and that it would be resolved.
Councilman Pilato made a motion, seconded by Councilman Rocco, to receive and
file the petition submitted by Michael Wilk on behalf of Town residents for greater safety
at the Blodgett Mills Road and Pendleton ,Street Extension. All voting aye, the motion was
carried.
Supervisor Thorpe offered privilege of the floor to Bonnie Sherman.
Bonnie Sherman thanked Councilman Testa and the rest of the Board for asking her
to speak at the meeting. Ms. Sherman apprised the Board of the recently implemented
Megan's Law, a state and federal law. Megan's Law is New Fork State's version of
notification and administration laws.
Councilman Rocco asked if the law was for pedophiles.
Ms. Sherman stated that not all sex offenders are considered pedophiles. There are
three levels of sex offenders, level one, level two, and level three. Level one sex offenders
are deemed the lowest risk to the community, in which only law enforcement officials are
given information regarding the offender. The general public is not provided such
information. Level two sex offenders are moderate risks, in which law enforcement
officials are authorized to notify and inform the public where the sex offenders reside due
to the notification policy.
Megan's Law has basically been non-existent in Cortland County. From the time
Megan's Law was implemented the Cortland City Police Department has only notified the
Child Care Counsel of level three high risk sex offenders rather than to the general public.
Ms. Sherman stated she spoke with City Police Chief, James Nichols, who notified
her it is up to law enforcement whether they decide to notify the public or not.
According to Chief Nichols, the City Police Department has only taken part in
notifying the Child Care Counsel and does not plan to notify residents. Ms. Sherman
apprised the Board law enforcement officials could go door-to-door notifying residents of
sex offenders in the area if they wanted to. Chief Nichols informed Ms. Sherman the City's
method has "always worked fine for the City, and this is the way it is going to remain."
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SEPTEMBER 04, 2002 TOWN BOARD MEETING PAGE 3
Ms. Sherman stated she met with Cortland County Sheriff, Lee Price, regarding the
issue as well. The County Sheriff's Department has never had a notification policy in
place. Under Megan's Law, law enforcement officials are not mandated to provide
information to the general public regarding sex offenders, but are authorized to do so.
Sheriff Price began implementing a notification policy and asked Ms. Sherman and
her sister for their input once a policy was established. However, Ms. Sherman was no
longer invited to provide input to the Sheriff's Department. The Sheriff's Department
created its own notification policy, which is now at the County Attorney's office waiting to
be accredited.
After speaking with City Police Chief Nichols and Sheriff Price on several
occasions, Ms. Sherman stated she did not believe there would be any drastic changes in
regard to a notification policy.
Ms. Sherman stated child abuse, especially sexual abuse, is extremely prevalent in •
Cortland County. On a weekly basis the local newspaper, the Cortland Standard, reports
acts of child abuse. Often times there are multiple victims.
Ms. Sherman stated the purpose of her presence at the Town Board Meeting was to
apprise the Board what steps Cortland County should take regarding Megan's Law and the
notification policy. Because law enforcement officials have the authority to notify the
public of level one and level two sex offenders, in addition to the Child Care Counsel, she
would like to see them do so.
Ms. Sherman stated she spoke with Laura Ahern, Executive Director of Parents for
Megan's Law. Ms. Ahern stated when law enforcement officials fail to participate in
notification they fall short of what Megan's Law represents.
Ms. Sherman stated she spoke with City Police Chief Nichols and County Sheriff
Price in great length regarding her concerns. There is no significant difference between
what distinguishes a level two sex offender from a level three, other than the type of
information provided to the public. Law enforcement officials cannot give an exact
address for level two sex offenders, but may only provide a zip code.
Ms. Sherman stated she would like the Cortland City Police Department and County
Sheriff's Department to list the level two and three sex offenders on the Parents for
Megan's Law web -site.
According to Ms. Sherman, in Cortland County alone there are eleven level two sex
offenders. There are nine level three sex offenders.
The majority of sex offenders are categorized as level two and remain `invisible" to
the public when they are not identified. Ms. Sherman stated the public has a moral and
legal right to know who sex offenders are within the County.
Ms. Sherman and her sister have been notifying the public of level three sex
offenders as they are allowed to according to Article 60 of the New York State Corrections
Law.
Ms. Sherman stated she does not intend to be a vigilante against sex offenders, and
does not wish for the public to harass or harm sex offenders. Not only would such action
violate the spirit of Megan's Law, it violates the law. The result Ms. Sherman would like
to see are parents keeping their children away from known sex offenders. She stated the
first line of defense lies with the parents who have a duty to protect their children. The
second line of defense is law enforcement.
Ms. Sherman concluded by restating the purpose of Megan's Law is to inform the
public where sex offenders are. When the law is not enforced or applied, law enforcement
gets away without doing notification because they are not mandated to. The question Ms.
Sherman would like answered is why law enforcement officials are not forced to notify the
public. According to the County Sheriff, the Sheriff's Department does not participate in
notification because it is "afraid the County will get sued by a sex offender." According to
Ms. Sherman, once law enforcement refuses to enforce or apply a law that it has a right to,
they have empowered sex offenders.
Councilman Rocco questioned if the Attorney General or County Attorney have
offered an opinion to clarify for the Sheriff why they should/should not notify the public.
Ms. Sherman stated she spoke with Linda Ahern and informed her the Sheriff's
Department was concerned with the notification policy. In turn, Ms. Ahem spoke with
Sheriff Price. Ms. Sherman stated she was confident after the conversation with Ms. Ahern
that Sheriff Price understood the Sheriff's Department was legally allowed to notify the
public of sex offenders.
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Ms. Sherman stated she spoke with County Sheriff's Departments throughout New
York as well as in other states that have notification policies. Not one of the counties she
spoke with had a fear of getting sued. According to Ms. Sherman, law enforcement
officials go door to door notifying the public when a sex offender moves into their
jurisdiction.
Although she does not want the Cortland County Sheriff's Department to think she
is stepping on their toes by notifying the public when it is essentially a duty of the Sheriff's
Department, Ms. Sherman stated she will continue to notify. Unless notification is given,
the public will continue to be unaware of child sex offenders.
Supervisor Thorpe asked Ms. Sherman if it is possible to go to the Sheriff's
Department and request to view a list of sex offenders.
Ms. Sherman stated the Sheriff's Department has a sub -directory of all level three
sex offenders. Unless you are an organization such as the Child Care Counsel you cannot
view level two sex offenders.
Councilman Rocco asked if a compilation of level two sex offenders would be
available.
Ms. Sherman stated she did not know.
Supervisor Thorpe asked Ms. Sherman if she spoke with the County Legislature
regarding the issue.
Ms. Sherman replied no. A petition was started September r, 2002 with the hopes
of obtaining at least two thousand signatures regarding notifications of level two and level
three. She stated it appears they will surpass the two thousand signatures.
Attorney Folmer questioned who the petition was directed to.
Ms. Sherman stated the petition was directed to local law enforcement. The same
petition will be sent to the Cortland City Police Department and the County Sheriff's
Department.
Supervisor Thorpe stated the petition should be sent the County Legislature.
Ms. Sherman apprised the Board the state of Ohio automatically posts level two sex
offenders as well as their names and addresses. Nassau and Suffolk County are the only
two counties in New fork State that post level two sex offenders because of Megan's
Law. She stated this is the desired result of what Ms. Sherman would like to have happen
in Cortland County.
Ms. Sherman informed the Board what a level two sex offender is guilty of. A level
two sex offender is one who has raped or sodomized little children and committed the
same types of crimes level three sex offenders have done. She stated there are eleven level
two sex offenders in Cortland County who will go unidentified until a notification policy is
in place.
Councilman Rocco questioned how many level three sex offenders are in Cortland
County.
Ms. Sherman stated there are nine level three sex offenders in Cortland County.
However, the majority of sex offenders are given a level two status.
Supervisor Thorpe questioned what a level three sex offender is guilty of.
Attorney Folmer apprised Supervisor Thorpe he did not really want to know how
one obtains the level three status.
Supervisor Thorpe stated there are several things to take into consideration. The
first is the deficiency of the law itself. The second factor is that the Town of Cortlandville
must rely on the County Sheriff's Department as the Town does not have its own law
enforcement. He informed Ms. Sherman she should approach the County Legislature
regarding the issue.
Ms. Sherman asked the Board's advice regarding what questions she should ask or
what steps she should take.
Attorney Folmer asked Ms. Sherman if there is a proposed or possible notification
policy that is presently being reviewed by the County Attorney or the Sheriff's
Department.
Ms. Sherman stated Attorney Folmer was correct.
Counciman Rocco asked if the Sheriff's Department has had any problems with
violence against known sex offenders.
Ms. Sherman stated to her knowledge there has not been any violence against the
sex offenders in Cortland County.
Ms. Sherman apprised the Board three sex offenders have an address of 15
Kinglsey Avenue, which is in Cortland Estates Mobile Home Park in the Town of
Cortlandville. Whether or not the offenders actually live there is questionable. A sex
offender must register an address with the state.
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SEPTEMBER 04, 2002 TOWN BOARD MEETING PAGE 5
Ms. Sherman stated posters have been hung to notify the public of known sex
offenders. However, the posters continue to be taken down. She stated she will continue
to hang posters until the City Police. Department and County Sheriff's Department take
action and create a notification policy.
Nick Renzi, Planning Board Member, questioned if Suffolk and Nassau County
have level two and level three notifications on the internet, is there a prior legal precedent
allowing interpretation of the law?
Attorney Folmer stated Megan's Law is a relatively new law as it is only about
seven years old. By the time there is an arrest, indictment, trial, conviction and appeal
four or five years may have passed. Regarding the notification issue, perhaps not too
many decisions have been made as only a short amount of time has passed.
Attorney Folmer stated the reason why Suffolk and Nassau County may have a
notification policy in place is because they are more progressive.
Mr. Renzi questioned if Cortland County can act upon what Suffolk and Nassau
County have done in regard to notifications.
Ms. Sherman stated absolutely.
Attorney Folmer stated he would like to contact Lawrence Knickerbocker, Cortland
County Attorney, before making any assumptions as it is not known what the proposed
policy states.
Attorney Folmer briefly spoke about prosecuting sex offenders and how difficult
the cases are. He offered personal examples and commended prosecutors in Cortland
County.
Councilman Testa applauded Ms. Sherman and her sister for their efforts and
dedication to the issue.
Supervisor Thorpe offered privilege of the floor to David Law.
David Law brought attention to the Board that he was placed on the agenda twice
regarding an Aquifer Protection Permit for property located on NYS Route 11, behind
Empire Tractor.
Supervisor Thorpe stated it was a duplication.
Attorney Folmer interjected and questioned whether the Board was at a point where
a public hearing date and time should be set since the recommendations of the County
Planning Board have been received. He stated any questions that may arise shall be
answered at the time of the public hearing.
Mr. Law stated he received a fax from Resource Associates regarding the Aquifer
Protection Plan, which is almost complete.
Attorney Folmer and the Board discussed a date and time for a public hearing to be
set.
Mr. Law apprised the Board the size of the building has been changed from the
original plan. The original plan stated the proposed was one hundred feet wide by one
hundred twenty-five feet long. The size of the proposed building is now one hundred by
one hundred fifty feet.
Attorney Folmer stated he would change the dimensions in the legal notice so the
public is aware what Mr. Law's actual plans are for the proposed building.
There was a brief discussion regarding the status of Emory Knight's violation of the
Town's Zoning Ordinance for property located on Ridge Road. Mr. Knight was
summoned to appear before Cortlandville Town Justice, Mardis Kelsen, in June regarding
the expansion of his non -conforming use.
Councilman O'Donnell questioned what the result was regarding Mr. Knight's "junk
yard'
Attorney Folmer stated Mr. Knight has appeared before Judge Kelsen with his
Attorney Ted Hoffman. There have been two or three adjournments since the initial court
date. Attorney Hoffman intended to inspect the property to see what the Town has been
complaining about. Attorney Folmer stated he would contact Attorney Hoffman.
The monthly report for the Town Clerk for August 2002 is on the table for review
and filed in the Town Clerk's office.
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2002 TOWN BOARD MEETING PAGE 6
RESOLUTION #176 ACKNOWLEDGE NOTIFICATION FROM THE STATE
FOR FILING OF LOCAL LAW NO.3 OF 2002
Motion by Councilman Pilato
Seconded by Councilman O'Donnell
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, NYS Dept. of State acknowledged receipt of Local Law No. 3 of
2002, to be effective on August 22, 2002, referring to the NYS Retirement Incentive.
Attorney Folmer Reported:
Conveyance of Hobart Hill Property:
Attorney Folmer stated he met with Mr. Bernard Glazier to discuss the description
of the deed for property located on Hobart Hill Road. Mr. Glazier requested one more
change be made before signing the deed. Attorney Folmer stated the change has been
made. Once the deed is recorded the Board will receive payment of $300.00.
Wellhead Protection Plan:
Attorney Folmer stated he received the County Planning Board's comments
regarding the revision of the Wellhead Protection ordinance submitted in August 2002. He
stated the comments offered by the .County Planning Board are not difficult to deal with.
He stated he plans to meet with Daniel Dineen, Director of the Cortland County Planning
Department, and John Helgren of the Cortland County Department of Health, regarding the
Wellhead Protection Plan.
Attorney Folmer apprised the Board he received comments from Town Planning
Board Member, Nick Renzi, and Les Sandman of Pall Trinity; which should be taken into
consideration.
As indicated prior to this meeting, Attorney Folmer stated he would meet with
interested parties regarding the Wellhead Protection Plan ordinance within the month of
September after speaking with James Trasher of Clough, Harbour & Associates, and CEO
Bruce Weber.
Attorney Folmer apprised the Board the ordinance for the Wellhead Protection Plan
is progressing. The comments made have been excellent and well thought out.
Rerob, LLC:
On August 21, 2002, and in the absence of Attorney Folmer, the Board properly
determined the Rerob, LLC Environmental Impact Statement was complete. Attorney
Folmer stated, the appropriate people must be notified of ,the completion, and a Public
Hearing must be scheduled.
Attorney Folmer apprised the Board he received a proposed Notice of Completion
from Attorney Rick VanDonsel, which is in good form with one exception.
A Public Hearing must be held within sixty days from the date the Notice of
Completion is filed with the State of New Fork. Attorney Folmer stated he intended to
send the Notice of Completion Friday, September 6, 2002.
Attorney Folmer recommended scheduling a Public Hearing for Thursday,
November 7', 2002 at 7:00 p.m. and suggested holding the Public Hearing at the
Cortlandville Fire Department meeting room. He apprised the Board he spoke with
Cortlandville Fire Commissioner, Lonna Maxson, who stated she would contact the Fire
Chief and notify Attorney Folmer regarding the availability of the meeting room.
The Public Comment period, which may be no less than ten days and no more than
thirty days, will be determined at the Public Hearing based on public .participation.
Attorney Folmer stated a small attendance at the Public Hearing may result in a shorter
Public Comment period and vice versa.
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SEPTEMBER 04, 2002 TOWN BOARD MEETING PAGE 7
Motion by Councilman Pilato
Motion by Councilman Rocco
VOTES: ALL AYE ADOPTED
WHEREAS, Rerob, LLC, through Resource Associates, has submitted their Draft
Environmental Impact Statement, therefore
BE IT RESOLVED, a Public Hearing shall be scheduled for November 7, 2002 at 7:00
p.m. at the Cortlandville Fire Department located at 999 Route 13, for Rerob, LLC, tax map
#95.00-06-12.120.
Pump Station on Woods Edge Drive:
Attorney Folmer apprised the Board he received a letter from William McDermott
of Woods Edge Drive, dated August 15, 2002. The letter, which was addressed to
Highway Sup't Carl Bush, was in regards to the placement of a pump station at his Woods
Edge property. In order to run Town water to Woods Edge Drive a pump station must be
built. The Town gave Mr. McDermott a deadline of October 31, 2002 for the completion
of the pump station.
In his letter Mr. McDermott stated he expected to put the pump station out to bid as
soon as he heard back from the Cortland County Department of Health. However, he did
not believe the project would meet the October 31, 2002 completion date.
Attorney Folmer stated he would respond to Mr. McDermott's letter and apprise
him that whether or not the completion date was met was essentially his own problem.
SEQRA for New Lime Hollow Well:
Attorney Folmer requested the Board table any action regarding the SEQRA for the
new Lime Hollow Well to the September le, 2002 Board Meeting, as he was not
prepared to discuss the issue.
Games of Chance:
Attorney Folmer stated the question regarding Games of Chance was sent to the
County Election Board and will be placed on the agenda for the November 2002 General
Election.
Term Extensions:
Attorney Folmer apprised the Board term extensions cannot be accomplished at this
point in time. The Board must first hold a public hearing and then allow sixty days notice
prior to the General Election. Due to the fact there is not enough time before the General
Election to act on term extensions, the subject has been deferred by necessity to a later
date.
Attorney Folmer stated it will be interesting to see how the County Legislature and
City Council vote in regard to term extensions.
Town Planning Board Member Nick Renzi stated there is a section in the Land Use
and Aquifer Protection Plan that allows changes to be made to the Town Code. Mr. Renzi
asked Attorney Folmer what his involvement is with regard to the Land Use and Aquifer
Protection Plan and how changes to the Code are made. Mr. Renzi stated he would like to
take advantage of all the changes made as a result of the Land Use and Aquifer Protection
Plan.
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SEPTEMBER 04, 2002 TOWN BOARD MEETING PAGE 8
Attorney Folmer stated the first step is for the Planning Board to decide what they
would like adopted as a Local Law to; be incorporated in the Town Code. Attorney
Folmer stated it is generally his job to go through a proposed Local Law and identify.the
changes it would cause in the underlying code, although he would appreciate it if the
Planning Board first identified the changes they would like made.
Mr. Renzi asked for an explanation of the process to change the Code.
Attorney Folmer stated they must first draft a Local Law, give notice, and have a
Public Bearing. The Board will then decide whether or not to adopt the Local Law. Once
adopted, the Local Law is sent to the Secretary of State and becomes effective when it is
filed.
There was a brief discussion regarding the length of time the process would take.
Attorney Folmer stated once a Local Law regarding changes to the Town Code is
drafted, which is not an easy task in respect to other Local Laws, it would take about a
month before a public hearing could be held. There is a ten-day notice period for a public
hearing. Once a public hearing is held the next steps are to enact the Local Law and file it
with the State.
Mr. Renzi asked Supervisor Thorpe if there is work to be done with the Planning
Board personnel situation.
Supervisor Thorpe stated he is waiting for the Chairperson of the Planning Board,
Katherine Wickwire, to indicate to him the situation of the Planning Board. He stated he
would not "step on her toes" and appoint members to the Board until he knows what the
situation is.
Mr. Renzi stated :there are two Planning Board Members who have indicated their
willingness to leave the Board. He stated the problem is the Chairperson does not want to
bring the application to the table. He stated there are two great candidates for the Planning
Board.
Supervisor Thorpe stated the two Planning Board Members must submit their
resignation formally.
Councilman O'Donnell questioned when the members' terms expire.
Supervisor Thorpe stated the expiration of their terms is not in the immediate future.
Attorney Folmer stated Planning Board members are appointed by the Town Board
for a five-year term.
Town Clerk Snyder stated the terms are staggered.
Councilman Rocco stated since the two members indicated an interest to resign, and
gave the Town Board enough time to find other candidates it would seem they would be
happy to resign.
There was a brief discussion regarding Dr. Edward Steinfeldt and the water benefit
tax.
Supervisor Thorpe stated the Board adopted a resolution at the June 19, 2002
meeting regarding Dr. Steinfeldt's benefit tax.
Supervisor Thorpe read the resolution aloud. The water benefit tax refund from the
years 1991 to 1996 was denied due to the Town's policy, stating water need only be
available to a property in order for it to be benefited. The Town Assessor was also
authorized and directed to reinstate the water benefit tax on parcel #86.13-01-03.000 for the
2003 Town and County Tax.
Attorney Folmer reverted back to the question presented by Mr. Renzi regarding the
appointment of new Planning Board Members.
Attorney Folmer apprised the Board, according to Section 271 of the Town Law the
Board has the authority to empower and appoint a Planning Board of either five or seven
members. If the Board decided it wanted to increase the size of the Planning Board to
seven members from its present five it has the authority to do so.
Supervisor Thorpe questioned whether the Board has the option to decrease the
members to five at some other point.
Attorney Folmer stated it is at the discretion of the Town Board to increase or
decrease the number of members on the Planning Board, as long as it stays within five to
seven members.
Supervisor Thorpe questioned Mr. Renzi whether he wanted to increase the number
of Planning Board members.
SEPTEMBER 04, 2002 TOWN BOARD MEETING PAGE 9
Mr. Renzi stated he did not want to increase the number of members.
Councilman Testa concurred and stated increasing the number of members is not
necessary and would only cause confusion.
Mr. Renzi stated the only reason to increase the number of Planning Board members
right now is because two of its members are non -participants.
Attorney Folmer stated it is unfortunate there has to be a discussion regarding
personnel at a public meeting. He continued to state it is also unfortunate people who have
served many years on the Planning Board are the topic of the discussion, which is
improper. Attorney Folmer urged the Board to discontinue the discussion.
Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive
and file the "Needs Assessment" document from Thoma Development Consultants. All
voting aye, the motion was carried.
There was a brief discussion regarding correspondence from Ann Hotchkin of
Thoma Development Consultants regarding Grant Opportunities.
Supervisor Thorpe apprised the Board the correspondence stated funds are
available for planting frees on municipally owned land. He stated unless the Board can
think of Town land that requires reforestation there is nothing further to discuss.
Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive
and file correspondence from Ann Hotchkin of Thoma Development Consultants,
regarding Grant Opportunities. All voting aye, the motion was carried.
Supervisor Thorpe offered privilege of the floor to Dr. Edward Steinfeldt.
Dr. Edward Steinfeldt stated it was his understanding the Board did not adopt a
resolution at the June !19, 2002 meeting. He stated Councilman Rocco and Attorney
Folmer indicated their intent to look into the issue further.
Attorney Folmer stated he looked into the issue to the extent that the decision of
how the benefit tax is levied is one of policy. On the other hand, the binding the Town has
done in the past, rather the Bond Anticipation Notes which are now outstanding, have been
based on the present rules regarding the collection and assessment of the water benefit tax.
Attorney Folmer stated to change that for any or all people owning particular parcels
would be impeding the rights of the bond holders, which are contractual obligations of the
Town.
Supervisor Thorpe stated the resolution was passed June 19, 2002 as Resolution
#143.
RESOLUTION #178 REFER AQUIFER PROTECTION PERMIT SUBMITTED
BY DONALD RICHARDS AND DANIEL ABRAHAMSON
TO THE TOWN AND COUNTY PLANNING BOARDS FOR
THEIR REVIEW AND RECOMMENDATIONS
Motion by Councilman Rocco is
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Aquifer Protection Permit application submitted by Donald
Richards and Daniel Abrahamson, for property owned by N.C.W.P. LLC, located on
Luker Road tax map #95.00-05-10.110, shall be referred to the Town and County Planning
Boards for their review and recommendations.
Councilman Rocco made a motion, seconded by Councilman Testa, to receive and
file the Cortland County Planning Board's recommendation for the Aquifer Protection
Permit submitted by David Law for property located on NYS Route 11 in Polkville,
behind Empire Tractor.
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RESOLUTION SCHEDULE ! AQUIFER
PROTECTION / BY DAVID LAW
Motion by Councilman Pilato
Seconded by Councilman Rocco
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, a Public Hearing shall be scheduled for September 18, 2002 at 5:00
p.m. for the Aquifer Protection Permit submitted by David Law for property located at
NYS Route 11, behind Empire Tractor, tax map #87.00-04-04.000.
® Councilman Rocco made a motion, seconded by Councilman Testa, to receive and
file the Cortland County Planning Board's recommendation for; the Aquifer Protection
Permit and Subdivision submitted by Martin Estruch for the proposed Country Inns &
Suites, located on NYS Route 281.
RESOLUTION #180 SCHEDULE PUBLIC HEARING FOR AN AQUIFER
PROTECTION PERMIT AND SUBDIVISION SUBM=D
BY MARTIN ESTRUCH FOR PROPERTY LOCATED ON
Motion by Councilman Rocco
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, a Public Hearing shall be scheduled for September 18, 2002 at 5:00
p.m. for the Aquifer Protection Permit submitted by Martin Estruch for property located on
NYS Route 281, owned by N.C.W.P. LLC, for the proposed Country Inns & Suites, tax
map #95.00-05-14.000.
Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive
and file correspondence from the NYS DEC regarding the proposed Country Inns &
Suites. All voting aye, the motion was carried.
Councilman Rocco questioned what the status of the proposed Country Inns &
Suites was.
Supervisor Thorpe stated .since his discussion with Mr. Thoma stating the Town
would not run sewer to the location on NYS Route 281, nothing else has been done.
Councilman Rocco questioned whether Mr. Thoma could get the Town a grant for
the project.
Supervisor Thorpe stated it is not the Town's responsibility to apply for a grant to
pay for the extension of the sewer line.
Nancy Jendryaszek, Project Manager for the proposed Country Inns & Suites,
apprised the Board the owner of the property has applied for funding, yet is taking the
responsibility to extend the sewer from his property to the catch basin located by the
railroad tracks. The owner has applied for Block Grant money. There will be a sewer
extension design submitted to the Town.
Councilman Rocco stated the Board already decided not to extend the sewer.
Ms. Jendryaszek stated the owner will take responsibility for the installation and
would like to either install a pump station or a sewer he extension.
Kim Thompson, also representing Country Inns & Suites, stated she spoke with
Water & Sewer Sup't. Peter Alteri, and John Helgren of the Cortland County Department
of health. Both Mr. Alteri and Mr. Helgren are aware the design plans will be completed
shortly.
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SEPTEMBER 04, 2002 TOWN BOARD MEETING PAGE 11
Councilman Rocco stated he read in the local paper Country Inns & Suites will not
be able to use pesticides and questioned Ms. Jendryaszek what effect that will have.
Ms. Jendryaszek stated pesticides cannot be used outside due to the aquifer but can
be used inside the proposed building.
Councilman Rocco questioned when the scheduled opening date is.
Ms. Jendryaszek stated the owner has an April 2003 opening scheduled in order for
Country Inns & Suites to be utilized for Cortland State graduation.,
Councilman, Pilato made a motion, seconded by Councilman Rocco, to recess the
Regular Meeting to an Executive Session. All voting aye, the motion was carried.
The meeting was recessed at 8:05 p.m.
The following information was received from the Supervisor's office..
Councilman Rocco made a motion, seconded by Councilman O'Donnell, to adjourn
the Executive Session and reconvene to the Regular Meeting. All voting aye, the motion
was carried.
RESOLUTION #181 AUTHORIZE HIRING CHAVONNE LA PLANT AS
DEPUTY TOWN CLERK
Motion by Councilman Testa
Seconded by Councilman Rocco
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Clerk is hereby authorized and directed to hire Chavonne
LaPlant of 4031 Carr Hill Road, Cortland, New York, as Deputy Town Clerk, effective
September 9, 2002, at an annual salary of $18,928.00.
Councilman Pilato made a motion, seconded by Councilman Testa, to adjourn the
Regular Meeting. All voting aye, the motion was carried.
The meeting was adjourned at 8:30 p.m.
Respectfully submitted,
Karen Q. Snyder
Town Clerk
Town of Cortlandville
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