HomeMy WebLinkAbout08-20-2003AUGUST 20, 2003
5:00 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
Town Hall, 3577 Terrace Road, Cortland, New York, with Supervisor Thorpe presiding.
Members present:
Absent:
Supervisor, Raymond Thorpe
Councilman, Theodore Testa
Councilman, Edwin O'Donnell
Councilman, John Pilato
Town Clerk, Karen Q. Snyder
Councilman, Ronal Rocco
Others present were: Town Attorney, John Folmer; Highway Sup't. Carl Bush; James
Trasher of Clough, Harbour & Associates; Planning Board Member, Nick Renzi; Mike and Tarla
Arnold of True Value; James Yaman of Yaman Real Estate; Robert and Norma Rhodes; Chris
Maxfield; City of Cortland Zoning Commissioner, Jo Shafer; Arthur and Pat Shedd; Jamie
Dangler of Citizens for Aquifer Protection and Employment (CAPE); and other residents from
the City of Cortland.
Supervisor Thorpe called the meeting to order.
RESOLUTION #156 AUTHORIZE PAYMENT OF VOUCHERS - AUGUST
Motion by Councilman O'Donnell
Seconded by Councilman Pilato
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the vouchers submitted have been audited and shall be paid as follows:
General Fund A
Vouchers #361 - 378
$
18,730.30
General Fund B
B68 - B69
$
169.45
Highway Fund DB
D277 - D300
$
53,418.43
Water Fund
W157 - W167
$
24,446.71
Sewer Fund
S74 - S76
$
818.25
Capital Projects
H63 - H70
$
1,258.56
Supervisor Thorpe offered privilege of the floor to Elizabeth Larkin.
Town Clerk Snyder reminded Supervisor Thorpe Elizabeth Larkin was not able to attend
tonight's meeting, as she was not given proper notice that she would be on the agenda under
privilege of the floor.
The monthly report for the Justice for the month of July 2003 is on the table for review
and filed in the Town Clerk's office.
Town Clerk Snyder apprised the Board, John Partigianoni, Owner -Manager of Cort-
Lanes Inc., located at 928 NYS Route 13, submitted official notification that he will be renewing
his liquor license. In addition, Scott F. Becker, President of 281 Bowl Inc., located at 3898 NYS
Route 281, submitted official notification of his intent to renew his liquor license.
Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and
file correspondence from John Partigianoni, Owner -Manager of Cort-Lanes Inc., located at 928
NYS Route 13, and Scott F. Becker, President of 281 Bowl Inc., located at 3898 NYS Route
281, regarding the renewal of their liquor licenses. All voting aye, the motion was carried.
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AUGUST 20, 2003 TOWN BOARD MEETING PAGE 2
Town Clerk Snyder apprised the Board a Notice of Claim was filed against the Town of
Cortlandville by the Lama Law Firm, LLP. on behalf of Mr. James White, Jr. and Mrs. Sheila
White, and Mr. Rick White and Mrs. Michelle White, for the estates of Geraldine Palladino and
James White III.
RESOLUTION #157 ACKNOWLEDGE RECEIVING NOTICE OF CLAIM
REGARDING A MOTOR VEHICLE ACCIDENT
Motion by Councilman O'Donnell
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby acknowledge, by receiving and filing, the Notice
of Claim regarding a motor vehicle accident on May 23, 2003 on Route 13.
Attorney Folmer apprised the Board two claims have been filed on behalf of each side of
the family regarding the unfortunate deaths of Geraldine Palladino and James White III. The first
claim was filed by Finkelstein Partners, while the second claim was filed by the Lama Law Firm.
Attorney Folmer corresponded with the Lama Law Firm and indicated to them that Route
13 is a New York State highway. Therefore, the Town of Cortlandville is not responsible for
maintenance or lighting on NYS Route 13. He wanted to ensure that if the Lama Law Firm
wanted to file a claim that they do so with the right agency.
He also informed the Board that the Town's insurance agent agreed that NYS Route 13 is
not a Town road, and requested that Highway Sup't. Carl Bush sign an affidavit stating so. The
Town's insurance company would then issue a denial of liability on behalf of the Town.
Attorney Folmer stated that because the claimant has a short period of time to file the
notice of claims, to eliminate the chance that the claim was not filed with the correct agency, the
claimant would file claims against every possible agency.
Town Clerk Snyder apprised the Board the Town was in receipt of a Notice of a Petition
on Special Franchise Assessments for the year 2003, from New York State Electric and Gas
Corporation against the State Board of Real Property Services.
RESOLUTION #158 ACKNOWLEDGE RECEIVING NOTICE OF PETITION
FOR REVIEW OF ASSESSMENTS
Motion by Councilman Pilato
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby acknowledge, by receiving and filing, the
Notice of Petition, regarding their current assessments, from New York State Electric & Gas
Corporation.
Attorney Folmer reported:
Contract with Thoma Development for CDBG for Country Inn & Suites:
Attorney Folmer apprised the Board he reviewed the contract from Thoma Development
regarding the Community Development Block Grant for Country Inn & Suites. In the
agreement, Thoma Development agreed to monitor the disbursement of funds as well as to hold
the Town harmless for any act or omission on their part regarding funds. Attorney Folmer stated
the contract was appropriate and could be executed.
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AUGUST 20, 2003
TOWN BOARD MEETING
PAGE 3
Wellhead Protection Ordinance:
Attorney Folmer apprised the Board he was in receipt of the final revisions to the
Wellhead Protection Ordinance, which could be resubmitted to the County Planning Board for
final review. Once the County reviewed the ordinance, a public hearing could be conducted and
the ordinance could be acted on.
Attorney Folmer stated the primary concern was that there was a list of prospective
prohibited activities within Zone 1. In consultation with Clough, Harbour & Associates, the list
was re -designated to an appendix, which in effect indicates that such activities need to be more
closely scrutinized as opposed to absolutely prohibited.
The new revised ordinance calls for the appointment of a Citizens Technical Advisory
Committee. The committee would consist of five members who have interest, competence and
knowledge in wellhead groundwater resources. The committee members would be recruited
from both professional disciplines in engineering and hydrology, so that as the review takes
place the Planning Board and Town Board would be advised on technical information.
Town of Cortlandville Newsletter - 2003:
Attorney Folmer apprised the Board he had a copy of the insert to be included in the
Town of Cortlandville 2003 Newsletter for notice of construction of the Highland Road Sewer
Project. Actual notice must be given to everyone involved in the project. The notice must also
be published in the local newspaper, and posted on the Town bulletin board to assure absolute
knowledge of the proposed project to every person in the Town.
Town Clerk Snyder arranged a system whereby a copy of the newsletter would be
provided to all 3800(+) parcels in the Town. Notice for the public hearing must be given not
more than twenty and not less than ten days before the public hearing date. Town Clerk Snyder
and Attorney Folmer would coordinate the timing of the newsletter with the public hearing date.
Feasability Study for Starr Road Community Sports Facility:
Attorney Folmer apprised the Board he received a phone call from Ron Barrows of the
Barrows Group, asking if the Town would like him to submit a proposal for fundraising for the
Starr Road Community Sports Facility. A meeting with Linda Hartsock of the IDA/BDC and a
representative of the Cortland Sports Complex was scheduled for Monday, August 25, 2003 at
4:00 p.m. to go over the submission of a grant by the Town. Attorney Folmer stated he would
inform Mr. Barrows that he would have an answer for him regarding a proposal at a later date.
Karl Ochs - NYS Route 13 Sewer Easement:
Attorney Folmer apprised the Board he was in receipt of the drawings for the sewer
easement accepted from Karl Och's for S.C.W.P. LLC., for property located on NYS Route 13 at
the July 16, 2003 meeting. The easement will be recorded with the County Clerk and filed in the
Town Clerk's office.
Rerob, LLC:
Attorney Folmer apprised the Board the argument on the Rerob, LLC Article 78
proceeding was scheduled for September 5, 2003 at 9:30 a.m. He was in the process of
preparing the finished record, affidavit and opposition to the request, as well as a memorandum
of law. Attorney Folmer stated he was overwhelmed by the materials, and believed Judge
O'Brien would be as well.
Attorney Folmer informed the Board he has been working very diligently on the Rerob,
LLC argument, as the record must be submitted by August 29, 2003.
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AUGUST 20, 2003
TOWN BOARD MEETING
PAGE 4
Rezoning of Land on NYS Route 13 for Proposed Wal-Mart:
Attorney Folmer spoke to the Board in regards to the zone change application of Wal-
Mart for property located on NYS Route 13. He reminded the Board that at the August 6t', 2003
Town Board Meeting they decided by resolution that they would not act on zone changes on the
NYS Route 281/13 corridor. The Board adopted the resolution to allow Attorney Folmer and
James Trasher of Clough, Harbour & Associates to have an opportunity to review the
Comprehensive Land Use & Aquifer Plan, and make recommendations to the Board for rezoning
of the corridor.
Attorney Folmer stated he received a phone call from the attorneys representing Wal-
Mart; Harter, Secrest & Emery, LLP. He advised them he would not have time to review the
Comprehensive Land Use & Aquifer Plan until after the Rerob, LLC. proceeding was held on
September 5, 2003. Therefore, he would not have time to review Wal-Mart's application at this
time.
Attorney Folmer suggested the Board receive and file the zone change application made
by Wal-Mart, but table any action on the application until the October 1, 2003 Board Meeting.
Planning Board Member, Nick Renzi suggested a Planning Board member be involved in
the rezoning of the NYS Route 281/13 corridor.
Attorney Folmer stated he was not suggesting that he and Mr. Trasher be the only people
involved in reviewing the NYS Route 281/13 corridor. However, the Board gave them the
initial responsibility to review the zoning of the corridor, which is where the process would
begin.
Citizens for Aquifer Protection and Employment (CAPE):
Attorney Folmer apprised the Board he received correspondence from Jamie Dangler of
Citizens for Aquifer Protection and Employment (CAPE). The letter indicates that CAPE would
hold a forum to discuss aquifer protection in general, and asked if the Board would be interested
in attending the meeting. Attorney Folmer apprised the Board that CAPE was originally formed
as a group opposed to a Super Wal-Mart. He asked whether any members of the Board wished
to attend the forum to discuss aquifer protection in general.
Councilman Testa questioned if the attending the forum would be a conflict of interest,
and asked whether someone with more knowledge, such as a Planning Board member, should
attend instead.
Regardless of who attended the CAPE forum, Attorney Folmer stated it would be
inappropriate for a member of the Board, or representative of the Town, to engage in
conversation about the Wal-Mart application. On the other hand, general questions regarding
aquifer protection, such as "What is the Wellhead Protection Plan?" would be okay to answer.
Emory Knight Junkyard Violation:
Attorney Folmer apprised the Board a trial date was scheduled for September 15, 2003 at
1:00 p.m. for the Emory Knight junkyard violation. Mr. Knight has failed to take steps to
resolve the situation. He claims he hired Mr. Contento to remove the white goods from the
property, which must be done first in order for the crusher to remove the vehicles. Attorney
Hoffman stated he would call Mr. Contento to speed up the process.
At the trial, the Attorney must prove that Mr. Knight's non -confirming use has been
expanded beyond what it was when the ordinance was passed and the non -conforming use came
into existence. Through the testimony of neighbors and people across the valley who can see the
property, he would be able to establish this fact, and prove that Mr. Knight is in violation of the
ordinance.
Councilman Testa reverted back to discussion about the Town's newsletter and
questioned how many proposals were submitted for its publication.
Town Clerk Snyder apprised the Board she had two proposals for the newsletter. It was
up to the Board to decide which proposal to accept.
Attorney Folmer stated the Board should first read the proposals before they are acted on.
Again, he reminded the Board that the newsletter must be published to correspond with the date
for a public hearing regarding the Highland Road Sewer Project.
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AUGUST 20. 2003 TOWN BOARD MEETING PAGE 5
Attorney Folmer requested the Board convene an Executive Session to discuss a
personnel matter.
Planning Board Member, Nick Renzi questioned if it was safe to assume that the
Planning Board would not receive the Wal-Mart application from the Board until the meeting in
September, since Attorney Folmer would be busy with Rerob, LLC. until September 5, 2003.
Attorney Folmer would not comment.
Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and
file correspondence from the Timothy Faulkner, Senior Traffic Engineer for Clough, Harbour &
Associates to George Doucette, NYS DOT regarding the intersection of NYS Route 13/McLean
Road/Starr Road. All voting aye, the motion was carried.
There was a brief discussion regarding the request from Citizens for Aquifer Protection
and Employment (CAPE).
Supervisor Thorpe stated the Board should refrain from attending the CAPE forum, since
the group was formed by people opposed to Super Wal-Mart. He felt the County Health
Department and Soil and Water Conservation District could answer questions for the group
regarding aquifer protection.
Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and
file correspondence from Jamie Dangler regarding the Citizens for Aquifer Protection and
Employment (CAPE) committee. All voting aye, the motion was carried.
Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and
file correspondence from Cortland County Town Supervisors and Village Mayors regarding the
ad -hoc Committee's suggested distribution of sales tax. All voting aye, the motion was carried.
RESOLUTION #159 TABLE ZONE CHANGE REQUEST OF WAL-MART
REAL ESTATE BUSINESS TRUST TO OCTOBER 1, 2003
Motion by Councilman O'Donnell
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby table the Zone Change request of Wal-Mart
Real Estate Business Trust, for property located on NYS Route 13 and Bennie Road, tax map
#105.00-01-22.211, until October 1, 2003, and it is further
RESOLVED, the Zone Change request shall be received and filed.
Supervisor Thorpe scheduled a budget workshop for Monday, October 6, 2003 at 4:15 for
all department heads.
RESOLUTION 4160 REFER AQUIFER PROTECTION PERMIT APPLICATION
SUBMITTED BY JIM AND JILL REENERS TO THE TOWN
AND COUNTY PLANNING BOARDS FOR THEIR REVIEW
AND RECOMMENDATIONS
Motion by Councilman O'Donnell
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Aquifer Protection Permit application submitted by Jim and Jill
Reeners, for property owned by Karl Ochs, located on Luker Road, tax map #85.20-01-32.100,
shall be referred to the Town and County Planning Boards for their review and
recommendations.
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AUGUST 20, 2003 TOWN BOARD MEETING PAGE 6
RESOLUTION #161 AUTHORIZE SUPERVISOR TO EXECUTE CONTRACT WITH
THOMA DEVELOPMENT FOR ADMINISTRATION OF THE
COMMUNITY DEVELOPMENT BLOCK GRANT
FOR COUNTRY INN & SUITES
Motion by Councilman Testa
Seconded by Councilman O'Donnell
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to execute
the contract with Thoma Development for the administration of the Community Development
Block Grant for Country Inn & Suites, in an amount not to exceed $12,000.
No further comments or discussion were heard.
Councilman O'Donnell made a motion, seconded by Councilman Testa, to recess the
Regular Meeting to an Executive Session. All voting aye, the motion was carried.
The meeting was recessed at 5:30 p.m.
The following information was received from the Supervisor's office.
Councilman O'Donnell made a motion, seconded by Councilman Testa, to adjourn the
Executive Session and reconvene to the Regular Meeting. All voting aye the motion was carried.
RESOLUTION #162 AUTHORIZE SUPERVISOR TO RESTORE TWENTY (20)
SICK DAYS TO HIGHWAY DEPARTMENT EMPLOYEE
GLEN BASSETT FOR DISABILITY CLAIM
Motion by Councilman Testa
Seconded by Councilman O'Donnell
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to restore
twenty (20) sick days to Highway Department employee Glen Bassett for his disability claim.
RESOLUTION #163 ACCEPT PROPOSAL FOR PRODUCTION OF 2003 TOWN OF
CORTLANDVILLE NEWSLETTER FROM J.M. MAZZONE,
THE BUSINESS ZONE, IN THE AMOUNT OF$1121.00
Motion by Councilman Testa
Seconded by Councilman Pilato
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby accept the proposal for the production of the
Town of Cortlandville Newsletter — 2003 from J.M. Mazzone of the Business Zone, in the
amount of $1121.00.
Councilman Testa made a motion, seconded by Councilman O'Donnell, to adjourn the
Regular Meeting. All voting aye, the motion was carried.
The meeting was adjourned at 5:45 p.m.
4RRespully submitted,
G�
Karen Q. Snyder
Town Clerk
Town of Cortlandville