HomeMy WebLinkAbout10-01-2003OCTOBER 01, 2003
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, Ronal Rocco
Councilman, John Pilato
Town Clerk, Karen Q. Snyder
Others present were: Town Attorney, John Folmer; Highway Sup't. Carl Bush; James
Trasher of Clough, Harbour & Associates; Planning Board Member, Nick Renzi; County
Legislator, Kay Breed; Deputy Town Clerk, Kristin Rocco; Reporter, Renee Lucas of the
Cortland Standard; Ron Barrows from the Barrows Group; Attorney Kelly Pronti; a
representative from APD Engineering out of Rochester, NY; City Alderman, Dan Quail; Eric
Mulvihille from WXHC; Town of Cortlandville residents: Dr. Patricia Shedd and Dr. Arthur
Shedd, Lydia Ferro, Randy Walls, David Parke, Gene Barker, Carol W. Kannus, Dorothy
Palladino, Sally and James MacGregor, Rick Wajcinski, Jeff Howarth; City of Cortland
residents: Colleen Cataan, Sally Kamerling, Andrea Rankin, Alanna Gothard, Keli Morrison,
Adam Vargas, Arnold Talentino, Cynthia Teichert, Christyann and Charles Maxfield, and Joseph
Onello; and other County residents: Adeline Thornton, John Carroll, Russell Thornton, Cynthia
Moy, Herb Haines, Thomas Reese, and Christina Hill.
Supervisor Thorpe called the meeting to order.
RESOLUTION #183 AUTHORIZE PAYMENT OF VOUCHERS - OCTOBER
Motion by Councilman O'Donnell
Seconded by Councilman Rocco
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the vouchers submitted have been audited and shall be paid as follows:
General Fund A
Vouchers #426 - 442
$
24,463.58
General Fund B
B75 - B79
$
9,988.83
Highway Fund DB
D335 - D354
$
40,795.56
Water Fund
W183 - W192
$
3,325.57
Sewer Fund
S84 - S86
$
12,491.24
Capital Projects
H83 - H92
$
3,977.28
Supervisor Thorpe offered privilege of the floor to Kay Breed.
County Legislator, Kay Breed apprised the Board there was another meeting regarding
the County Sales Tax issue, which was theoretically resolved, but not to the satisfaction of
everyone in the legislature. At this point in time, they devised a form that would be distributed
to the towns so that the towns could apply for funding. Quarterly, the funding would be based on
assessments, as the other sales tax portion is.
In addition, Mrs. Breed informed the Board the Mayor of the City of Cortland would not
sign the amended contract. The legislators felt that the Mayor should not have made the decision
on her own, but should have taken the matter to the Common Council. Therefore, the sales tax
issue was not settled.
Mrs. Breed apprised the Board the County Budget would most likely not be ready before
the upcoming election.
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OCTOBER O1, 2003 TOWN BOARD MEETING PAGE 2
Supervisor Thorpe offered privilege of the floor to Ron Barrows.
Ron Barrows of the Barrows Group presented the Board with a proposal for the Barrows
Group to advise the Town of Cortlandville on a Capital Fundraising Campaign to raise funds
required to develop the Community Sports Facility planned for the Starr Road site. He presented
the Board with two options for the scope of services to be provided, which were consistent with
the recommendations of the Funding Feasibility Study presented to the Town earlier. The two
options were: (1) assist the Town and the volunteers recruited for the campaign to raise 50% of
the campaign goal through local corporations, foundations, and local residents; (2) assist the
Town, volunteers and the project engineer in efforts to obtain state, federal and regional
government grants.
Councilman O'Donnell commented on Mr. Barrows work and his professionalism.
Supervisor Thorpe encouraged the Board to review the proposal and make a decision at
the October 15th, 2003 meeting.
Councilman Testa reminded the Board that the Town had been working on the project for
fourteen months. He hoped the Board would take a good look at the proposal before making its
decision at the next meeting.
Mr. Barrows encouraged the Board to look at the proposal in light of the Feasibility
Study presented to the Board this past Summer 2003 by the Barrows Group. He felt that funding
was obtainable in the Town for the project.
Before offering privilege of the floor to John Carroll, Supervisor Thorpe informed the
Board that Mr. Carroll called his secretary this afternoon requesting privilege of the floor to
speak about Wal-Mart. Supervisor Thorpe made it clear that nothing would happen with respect
to Wal-Mart until a later date. The Board had not formally taken any action, and was not
prepared to listen to any discussion regarding Super Wal-Mart until they had the opportunity to
receive recommendations from the Town and County Planning Boards. He requested Mr.
Carroll speak briefly.
John Carroll, resident of the Town of Virgil, thanked Supervisor Thorpe for allowing him
the opportunity to speak. He requested the Board allow the zoning process of the proposed
Super Wal-Mart go forward. He stated "the people have already spoken," and mentioned the
petitions of almost 3000 people in favor of a Super Wal-Mart which were submitted to the
Board. Mr. Carroll mentioned several points that he felt would be beneficial to the Town and
County including sales tax and savings on shopping.
Supervisor Thorpe indicated that when the time was appropriate there would be plenty of
public hearings where everyone would have an opportunity to speak. He apprised Mr. Carroll
that he looked through about fifty of the petitions submitted to the Board, and estimated that not
over 10-15% of the signatures he looked at were those of residents from the Town of
Cortlandville or even the City of Cortland. Instead, signatures were from residents of Towns
such as Ithaca, Preble, Tully, etc. He did not feel that everyone who signed the petitions
understood the full range of issues that would come before the Board. As a result, discussion
was limited.
Attorney Folmer explained the resolution that the Board adopted on August 6, 2003 in
order for Mr. Carroll and those in attendance to understand the action the Board has taken. He
apprised those in attendance that several years ago a Comprehensive Land Use Plan was
developed for the Town. One of the areas that was considered in the plan was the NYS Route
13/Route 281 Corridor. The Comprehensive Plan has now been adopted as the formal planning
document of the Town, although several years have gone by since it was prepared.
Attorney Folmer explained that on September 171h, 2003, the Board adopted a resolution
which directed the Town's engineering firm and himself to examine the plan and make
recommendations concerning zoning as it should have been done in 2001 along with the Route
281/Route 13 Corridor. The Board also determined that it would not consider any rezoning
requests at all until the recommendations were made.
Once recommendations are made by Attorney Folmer and Clough, Harbour &
Associates, they would be submitted to the Town Board, Town and County Planning Boards, and
the Town Zoning Board for their review and recommendations. If and when the regulations
would be amended, there would be a public hearing dealing with the effect of any zone changes.
It may not even be necessary for Wal-Mart's zone change request if the zoning is already
amended.
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OCTOBER O1, 2003 TOWN BOARD MEETING I PAGE 3
Attorney Folmer explained that at the present time there are two zoning applications
before the Board, which would not be acted on until recommendations have been made. A
public hearing must be held before any amendment to the zoning law is accomplished.
Assuming there was an amendment to the zoning, the Board would then examine the individual
applications if they had not already been changed. A site plan review would go before the
Planning Board, and an Aquifer Protection Permit review would go before the Town Board. In
each case public hearings would be held.
Attorney Folmer expected recommendations would be submitted to the Town Board,
Town Planning and Zoning Boards, and the County Planning Board before the end of October.
It would probably be December before the Town would be prepared to present any zone changes
in the form of a public hearing. He felt it was important for everyone to understand the
procedure.
Supervisor Thorpe offered privilege of the floor to those in attendance.
Councilman Rocco questioned Mr. Carroll whether he was an employee of Wal-Mart or a
citizen of Cortlandville.
Mr. Carroll, a resident of Virgil, apprised the Board he had no commitment to Wal-Mart,
but was just an interested citizen.
Gene Barker of McGraw apprised the Board that he supported Mr. Carroll.
Collen Cataan of the City of Cortland, apprised the Board she was riot in favor of a Super
Wal-Mart. She stated that when a Super Wal-Mart moves into an area there is a net loss of jobs
and it ruins communities, such as it did in Ticonderoga, NY. She also stated there have been
problems with labor laws. Ms. Cataan offered the Board information that she researched
regarding Wal-Mart.
Supervisor Thorpe closed debate on this particular issue.
Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and
file the 4th Quarter Water & Sewer Report for 2003. All voting aye, the motion was carried.
Councilman Rocco apprised the Board a letter was mailed to him regarding Super Wal-
Mart and asked that it be included in the record.
Supervisor Thorpe asked Councilman Rocco to give the letter to the Town Clerk and it
would be received and filed at the next meeting.
Monthly reports for the Supervisor and Town Clerk for the month of September 2003 are
on the table for review and filed in the Town Clerk's office.
RESOLUTION #184 ACKNOWLEDGE RECEIVING 2003 TENTATIVE BUDGET
Motion by Councilman O'Donnell
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Clerk received the 2004 Tentative Budget on September 30th,
2003, and has presented it to Town Board members, in accordance with Town Law.
Supervisor Thorpe reminded the Board of the scheduled budget workshop for Monday,
October 6' , 2003 at 4:00 p.m. for all Department Heads.
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TOWN BOARD MEETING
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Attorney Folmer reported:
Street Dedication for Carroll Street and Fairgrounds Drive:
Attorney Folmer reminded the Board of the request made by Attorney Don Armstrong
for Cortland Sports Complex at the September 171h, 2003 Board meeting. Attorney Armstrong
asked if the Board would be willing to accept a street dedication for Carroll Street and
Fairgrounds Drive. The Board adopted a resolution authorizing the acceptance of the streets
pending approval by Highway Sup't. Carl Bush, and Attorney Folmer. Attorney Armstrong
informed the Board that he had a meeting scheduled with the Agricultural Society Board and the
Fresian Society Board on September 18, 2003.
For reasons unknown to Attorney Folmer, the two boards did not agree to convey the
roadways to the Cortland Sports Complex at the September 18th, 2003 meeting. The roadways
apparently have a function that makes it important for the societies to retain ownership of the
road. Therefore, no street dedication would take place.
Cortland Sports Complex Grant:
Attorney Folmer apprised the Board he spoke with the Mayor of the City of Cortland,
who had no objection to sign the assignment of the grant that was erroneously given to the City
for the Cortland Sports Complex, to the Town of Cortlandville. When the assignment was
drafted it would be reviewed by Corporation Counsel, and would be presented to the Board for
authorization and the Supervisor's signature.
Town of Cortlandville Newsletter - 2003:
Attorney Folmer apprised the Board he read the articles submitted for the 2003
Newsletter and concluded there were no articles of a political nature.
Wellhead Protection Ordinance:
Attorney Folmer apprised the Board he was summoned to attend the County Planning
Board's meeting this morning with regard to their review of the Wellhead Protection Ordinance.
He answered questions for the County Planning Board concerning interpretation of the proposed
ordinance and some additions that the Planning Board wanted to make. Attorney Folmer asked
the County Planning Board for any and all comments possible.
Attorney Folmer apprised the Board the County Planning Board wanted some specific
language indicating that not only is the Wellhead Protection Ordinance aimed at protecting the
Town of Cortlandville's water supply, but that it is aimed at protecting the City of Cortland.
They were also concerned that the prohibitions/requirements for construction may or may not
affect the County Highway and State Highway Departments. The County Planning Board
anticipated their comments would be submitted prior to October 15, 2003.
The County Planning Board was also concerned that there was not a prohibition about
gas stations in Aquifer Protection District areas lA and 1. Attorney Folmer apprised the
Planning Board that there was a proposal being generated by his office to enact a particular
amendment to the zoning ordinance that a gas station would not be permitted in Zone 1 or lA of
the Aquifer Protection District. To be consistent with the proposal to amend the zoning
ordinance, there may be some changes within the Wellhead Protection Ordinance.
Once the County's comments are received, Attorney Folmer stated he would submit them
to the Town Board and Town Planning Board for their review and recommendations. He hoped
the Wellhead Protection Ordinance would be adopted by the end of the year.
Amendment to Town Personnel Policy:
Attorney Folmer apprised the Board that with the assistance of Town Clerk Snyder,
Highway Sup't. Bush and Town Bookkeeper Marcia Hicks, he revised an amendment to the
Town Personnel Policy. The amendment relates to the responsibility for following through with
Workers Compensation and Disability claims. The language in the amendment would make it
clear that it would be the responsibility of the claimant to ascertain that documents have been
sent to the appropriate agencies. Beyond submitting the appropriate forms and providing other
relevant information, the Town and its agents, and no non -claimant employee, shall have no
responsibility to monitor the progress of each claim.
OCTOBER 01, 2003 TOWN BOARD MEETING PAGE 5
Attorney Folmer reminded the Board the reason for the amendment to the Personnel
Policy was due to the difficulty the Town had with regard to one claim in which the physician
treating the claimant did not submit the paperwork with the insurance carrier in a timely fashion..
The insurance carrier would not reimburse the Town for the coverage required.
Planning Board Meeting of September 30, 2003:
Attorney Folmer apprised the Board he attended the Planning Board meeting of
September 30, 2003 and was impressed with the actions of the Board, and felt that the meeting
was very beneficial. He felt that the addition of Planning Board Member James Bugh was
positive.
Attorney Folmer informed the Board he would be out of Town Friday, October 3`d, 2003
and the weekend of October l oth, 2003 through October 131h, 2003.
RESOLUTION #185 AUTHORIZE CORTLAND COUNTY SPCA TO
TEMPORARILY USE THE MUNICIPAL BUILDING (OLD
FIRE DEPARTMENT) LOCATED ON NYS ROUTE 281
FOR SPAY/NEUTER CLINICS
Motion by Councilman O'Donnell
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
WHEREAS, the Cortland County SPCA made a request to the Town of Cortlandville to use the
Municipal Building (old Cortlandville Fire Department) located on NYS Route 281 for their
spaying/neutering clinics, and
WHEREAS, the Town Attorney suggested the SPCA name the Town of Cortlandville as an
"Additional Insured" on the Certificate of Insurance, and
WHEREAS, the Certificate of Insurance naming the Town as an "Additional Insured" was
submitted to the Town, therefore
BE IT RESOLVED, the Town Board does hereby authorize the Cortland County SPCA to
temporarily use the Municipal Building (old Cortlandville Fire Department) located on NYS
Route 281 for spaying/neutering.
Councilman O'Donnell made a motion, seconded by Councilman Rocco, to receive and
file the Cortland County Planning Board Resolution #03-35 regarding the Aquifer Protection
Permit application submitted by Jim and Jill Reeners for property located on Luker Road. All
voting aye, the motion was carried.
Councilman Rocco made a motion, seconded by Councilman O'Donnell, to receive and
file Cortland County Planning Board Resolution #03-36 regarding the Zone Change request of
Peter and Nancy O'Connell, Charles Maseterpaul, David, Stephen and John Musci, Stephen
Letts, Nicholas and Barbara Pauldine, Stephen and Lynn Timmons, and David Berlew, for
properties located at 3718-3748 NYS Route 281. All voting aye, the motion was carried.
Attorney Folmer apprised the Board and those in attendance that this was the second zone
change request that would not be acted on until recommendations regarding zoning on NYS
Route 281/Route 13 were completed. The proposal was to rezone seven parcels on NYS Route
281 across the street from Country Inn & Suites.
Councilman O'Donnell made a motion, seconded by Councilman Pilato, to receive and
file the draft minutes from Cortland County Soil & Water Conservation District regarding the
Aquifer. All voting aye, the motion was carried.
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OCTOBER 01, 2003 TOWN BOARD MEETING PAGE 6
Councilman Pilato made a motion, seconded by Councilman O'Donnell, to receive and
file correspondence from Dr. Arthur Shedd and Dr. Patricia Shedd regarding the proposed Super
Wal-Mart. All voting aye, the motion was carried.
Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and
file correspondence from Homer Gutchess regarding the zone change request for his land located
on NYS Route 13 and Bennie Road. All voting aye, the motion was carried.
Councilman O'Donnell made a motion, seconded by Councilman Pilato, to receive and
file correspondence from Robert Wilcox of T.C. Cleaning Service, Inc. regarding the 2004
contract for cleaning the Town Hall. All voting aye, the motion was carried.
Councilman Rocco made a motion, seconded by Councilman O'Donnell, to receive and
file the packet of signed petitions with 2922 signatures, from the Pro -Wal-Mart group. All
voting aye, the motion was carried.
RESOLUTION #186 ACCEPT PROPOSAL FOR THE FINAL DESIGN,
ENGINEERING, AND CONSTRUCTION FOR THE STARR
ROAD PARK PROJECT FROM CLOUGH, HARBOUR &
ASSOCIATES_
Motion by Councilman O'Donnell
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby accept the proposal for the final design,
engineering, and construction for the Starr Road Park Project from Clough, Harbour &
Associates, and it is further
RESOLVED, the project fee will not exceed $61,500 and reimbursable expenses will not exceed
$4,000.
RESOLUTION #187 SCHEDULE PUBLIC HEARING FOR AQUIFER
PROTECTION PERMIT APPLICATION SUBMITTED BY
SQUEAKY CLEAN CAR WASH, INC. FOR OCTOBER 15,
2003
Motion by Councilman Rocco
Seconded by Councilman O'Donnell
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, a Public hearing shall be scheduled for October 151h, 2003 at 5:00 p.m. for
the Aquifer Protection Permit application submitted by Squeaky Clean Car Wash, Inc. for
property located at the intersection of NYS Route 281 and NYS Route 222, owner of record
Grange Hall No. 461, tax map #86.13-01-30.000.
Attorney Folmer requested the Board recess the Regular Meeting to an Executive Session
to discuss a personnel matter.
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 to discuss a personnel matter. All voting aye, the
motion was carried.
The meeting was recessed at 7:40 p.m.
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OCTOBER O1, 2003
TOWN BOARD MEETING
PAGE 7
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.
No action was taken.
Councilman O'Donnell made a motion, seconded by Councilman Testa, to adjourn the
Regular Meeting. All voting aye, the motion was carried.
The meeting was adjourned at 8:18 p.m.
Respectfully submitted,
Karen Q. Snyder
Town Clerk
Town of Cortlandville
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