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JULY 11, 2001
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; Water and Sewer Sup't., Pete Alteri, Town Engineer, Hayne Smith; SPCA
Director and board member, Sara Knoble and Ray Dunnigan; Robert Richardson,
G. DeVincentis & Sons Construction Company, Inc. representatives, Toni G.
DeVincentis, Joe DeVincentis, Tom Roney and Attorney Harvey Mervis; Chuck
Feiszli of Resource Associates; Town Residents, Marian Withey, Thomas Kanalley
and Glen Goldwyn; and News Reporter, Chris Nolan.
Supervisor Thorpe called the meeting to order.
RESOLUTION #132 AUTHORIZE PAYMENT OF VOUCHERS - JULY
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
f ollows:
General Fund A
Vouchers #310 -343
$22,997.84
General Fund B
56 - 69
$11,100.97
Highway Fund DB
247 -269
$14, 324.41
Water Fund
146 -154
$ 1,561.41
Sewer Fund
91 - 97
$ 7,279.48
Capital Projects
28 - 30
$38,413.96
Supervisor Thorpe offered privilege of the floor to those in attendance.
Councilman Rocco introduced SPCA Director, Sara Knoble. He explained
that Councilmen O'Donnell, Testa and himself attended the SPCA's annual fund
raising drive. Councilman Rocco requested Mrs. Knoble apprise the Board of her
work at the SPCA and their congested parking problem. In an effort to relieve this
situation, Councilman Rocco suggested and demonstrated possibly widening the
driveway into a one-way U shape from McLean Road around the SPCA's building
and back onto McLean Road.
Attorney Folmer stated several problems occur with the town taking on this
project. The town cannot use public funds for the benefit of private property.
Attorney Folmer stated there is little distinction between a residential property and a
not -for -profit organization. He has contacted the Association of Towns for
information and hopes to have an answer by August I". Attorney Fohner is still
investigating a method to assist the SPCA with their driveway and should have an
answer by the first Board meeting in August. If there is a way for the town to help,
they will.
The Board recommended that for code issues concerning the reconstruction
of their driveway, the SPCA should contact Code Enforcement Officer, Bruce
Weber.
The Board thanked the SPCA for attending tonight's meeting.
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Supervisor Thorpe again offered privilege of the floor to Attorney Harvey
Mervis.
JULY 11, 2001 TOWN BOARD MEETING PAGE 2 1,59
Attorney Harvey Mervis introduced himself as representing G. DeVincentis
& Sons Construction Company, Inc.
Attorney Folmer apprised Attorney Mervis that an Executive Session is to be
held following tonight's meeting to discuss the G. DeVincentis & Sons Construction
Company's contract with the town.
Monthly reports for the Supervisor, Town Clerk for June 2001 and the
Justice for April, May and June 2001, are on the table for review and filed in the
Town Clerk's office.
Town Clerk, Karen Snyder, apprised the Board of a communication she
received from the Cortland County SPCA thanking the Board for allowing them to
speak at the Town Board meeting regarding then ABC (Animal Birth Control)
Committee and spay/neuter clinic. They also requested consideration be given for
their clinic when planning the town budget for the next fiscal year.
Councilman O'Donnell, made a motion, seconded by Councilman Testa, to
receive and file a letter from Timothy Phillips of DUCA & Phillips, Inc., advising of
their intent to renew their liquor license at the Rusty Nail, 3993 West Road,
Cortland, New York. All voting aye, the motion was carried.
Attorney Folmer reported:
Attorney Folmer requested an Executive Session following tonight's Board
meeting to discuss a contractual matter.
Notices for four Public Hearings:
Attorney Folmer apprised the Board notices for four Public Hearings
scheduled for the July 18, 2001 meeting will be published Thursday night, three
Aquifer Protection Permit Applications and the proposed Local Law Moratorium
for Route 281 and 13 corridor. The Board has copies of the draft for the proposed
Local Law.
Additional Bond funding:
Attorney Folmer stated he has proceeded with the steps necessary to acquire
the additional funds needed to proceed with the pending water and sewer
improvement projects and he will have the paperwork at the next Board meeting on
August 18''.
Small claim pending:
A small claim is pending in the City Court regarding an allegation concerning
property damage accident on a county road. The town's insurance company is
handling the claim. Highway Sup't. Bush is aware of the situation. The insurance
company should not be too involved as the court should fund it is without
jurisdiction. No notice of claim was filed. This is a county road not a town road.
More information will be available next week.
Revision of the Moratorium Local Law:
Attorney Folmer distributed and explained the revision for the Moratorium
Local Law. Attorney Folmer defined the northerly town line near Exit 12 of Route
81 and the southerly town line on Route 13. The time frame for the moratorium was
revised from six months to eight months to allow for the length of time that it takes
to produce the study of Route 281 and 13 corridor. The remainder of the draft
remains the same. Also attached to the revision are notes from Attorney Folmer
concerning comments from the Town Board and Planning Board members,
Katherine Wickwire and Nick Renzi. Attorney Folmer reiterated the Public Hearing
is scheduled for July 18t''. It will be published in the Cortland Standard and posted
by Town Clerk, Karen Snyder.
Supervisor Thorpe, as requested, read aloud a letter from Douglas Withey of
447 Hoy Road. The letter opposes John Delvecchio proposed nineteen -lot
development on Hoy Road.
J-60 JULY 11, 2001 TOWN BOARD MEETING PAGE 3
Marion Withey stated she is representing her husband and herself tonight.
Mrs. Withey explained they had taken this letter with 24 signatures to the Town
Planning Board explaining the residents of Hoy Road are upset at the nineteen -lot
development proposed for Hoy Road by Developer John DelVecchio. Other
houses have already gone in. This proposal will bring the total to 24.
Mrs. Withey explained one concern is with the size of the one -acre lots Mr.
DelVecchio has built these houses on. The residents feel three -acre lots would be
preferable. Another concern is the water issue. The Withey's have rights to a 12
foot deep spring on Mr. DelVecchio's properly since approximately 1927. Nine
new houses are proposed to be built behind the Withey's home and will run into
this spring. A new well would be needed. Mrs. Withey expressed concern thatthe
well would be polluted in 20 years also the increase of traffic. Hoy Road at this
time is not in good condition. With the additional 24 houses traffic would triple.
Supervisor Thorpe stated that Mr. DelVecchio's Sub -Division Phase I
proposal was postponed at the Planning Board meeting of May 29, 2001. The
applicant has rescheduled it for the July 31, 2001 meeting, pending additional
inf ormation.
Councilman Rocco stated he attended that Planning Board meeting. There
were concerns with perk tests due to a heavy concentration of clay in the area.
Councilman Rocco added now that the town is in the planning stages to extend
sewer from the Rusty Nail Restaurant to the Highland Road area. The proposed
development on Hoy Road could cause the town to extend even farther at the
taxpayer expense. This situation occurs frequently with the continued growth of the
town.
In answer to the lot size question, Supervisor Thorpe stated changing the lot
size would require a complete reworking of the zoning ordinance.
Attorney Folmer understood the Planning Board was going to insist that a
developer include a provision f or water and sewer in the development plan and
then dedicate it to the town. The lines would then become the town's responsibility
to maintain.
Supervisor Thorpe stated he has no sympathy for developers whom
eventually requires the town to bail them out of water and sewer problems.
Developers should at their expense, take responsibility for the water and sewer
costs. Then include those costs in the sale of their lots. At the present time there is
no restriction to force this requirement. As long as the Health Department.
determines that the drainage is adequate and the property is properly zoned, the
town is caught in the middle.
A discussion was held regarding the concerns of the proposed lots being
very narrow and close proximity of the septic systems. Councilman Rocco stated
the Planning Board did express a concern regarding the lots being narrow.
Attorney Folmer inquired if the Town Planning Board had received a report
from the County Planning Board. He stated that if a General Municipal Law referral
was made to the County Planning Board it is unusual for the Town Planning Board
to take any action without recommendations from the county. If a local board
chooses to go against the County Planning Board's recommendations each Board
member must vote their approval. Supervisor Thorpe recommended the residents
attend that meeting. Mrs. Withey stated they attended tonight's meeting mainly to
make the Town Board aware of the situation.
Glen Goldwyn of 681 Hoy Road, inquired if an automatic notification of the
neighbors in an area effected could be made when an original sub -division proposal
is filed. Residents could be more informed of the circumstances if they are notified.
Attorney Folmer explained the requirement that notices of Public Hearings
are posted in the newspaper. The notification system adopted by the town is based
on mandates on the Planning and State statutory and regulatory requirements. In the
last three years the Planning Board has increased their awareness of overall plans
for development rather than piecemeal to avoid unwanted development. There are
specific notification requirements of neighbors involved that deal with zoning
changes but not planning changes.
Mrs. Withey stated no one in the neighborhood was aware of the Public
Hearing. They learned of Mr. DelVecchio's plans for a development by accident
due to being at a Planning Board meeting for an unrelated issue. The Withey's had
expressed concern at the meeting that Mr. DelVecchio may build other houses than
the 24 proposed. Mr. DelVecchio stated he did not intend to build 25 houses as the
State would require water and sewer be installed.
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JULY 11, 2001 TOWN BOARD MEETING PACE 4
Councilman Testa explained the expense to the town for installing water and
sewer especially to an area as Highland Road. That project has been under
consideration for seven to eight years.
Thomas Kanalley of 676 Hoy Road, stated when he moved to the area it was
an Agricultural District. At that time the limit was a five -acre lot.
Supervisor Thorpe explained the Zoning Ordinance was revised by Local
Law and changed to one -acre lots. If Mr. Kanalley had any further questions he
may want to speak with Zoning Officer, Bruce Weber.
The Board thanked the Hoy Road residents for coming.
Councilman Rocco made a motion seconded by Councilman Testa, to
receive and file correspondence from Douglas Withey of Hoy Road. All voting
aye, the motion was carried.
Mr. Withey expressed his opposition to the proposed nineteen -lot
development project on Hoy Road.
Councilman O'Donnell made a motion seconded by Councilman Rocco, to
receive and file recommendations of the Cortland County Planning Board regarding
Aquifer Protection Permit application of Economy Paving Co. Inc. All voting aye,
the motion was carried.
Councilman Testa made a motion seconded by Councilman Pilato, to receive
and file recommendations of the Cortland County Planning Board regarding Aquifer
Protection Permit application of the Ukrainian Pentecostal Church. All voting aye,
the motion was carried.
Councilman Testa made a motion seconded by Councilman O'Donnell, to
receive and file the intersection study of Saunders Road, Pendleton Street and
Pendleton Street Extension from Cortland County Highway Department. All voting
aye, the motion was carried.
According to their study the Cortland County Highway Department
determined no improvements or changes in signage and controls are necessary at
this time.
Councilman Rocco made a motion seconded by Councilman O'Donnell, to
receive and file correspondence from Attorney Folmer to A2,torney William
Pomeroy regarding the Ambrose/Hoffmann '1x�ater Line. All voting aye, the motion
was carried.
Attorney Folmer stated in his letter after the Board discussed the water line
situation they did not alter their position.
RESOLUTION #133 AUTHORIZE SUPERVISOR TO TRANSFER
$2,650.00 FROM THE SEWER FUND SURPLUS TO
THE CAPITAL PROJECT SEWER ACCOUNT
Motion by Councilman O'Donnell
Seconded by Councilman Rocco
VOTES: ALL AYE ADOPTED
WHEREAS, the Bookkeeper has requested a cash advance be transferred from the
Sewer Fund Surplus to the Capital Project Sewer Account for the Highland Road
Sewer Project, therefore
BE IT RESOLVED, the Supervisor is hereby authorized and directed to transfer
$2,650.00 from the Sewer Fund Surplus to the Capital Project Sewer Account, and
it is further
Y,
RESOLVED, the Sewer Fund Surplus will be replenished when these projects are
bonded.
1-62- JULY 11, 2001 TOWN BOARD MEETING PAGE 5
RESOLUTION #134 AUTHORIZE SUPERVISOR TO TRANSFER
$2,187.50 WITHIN THE TOWN CLERK'S
CONTRACTUAL ACCOUNT
Motion by Councilman O'Donnell
Seconded by Councilman Rocco
VOTES: ALL AYE ADOPTED
WHEREAS, the Bookkeeper has requested a transfer of monies within the Town
Clerk's contractual account for a new software program needed in the Town Clerk's
office, therefore
BE IT RESOLVED, the Supervisor is hereby authorized and directed to transfer
budgeted monies within the Town Clerk's contractual account as follows:
FROM TO AMOUNT
A1410.2 A1410.4 $2,187.50
Councilman O'Donnell made a motion seconded by Councilman Testa, to
receive and file correspondence from Attorney Folmer to G. DeVincentis & Son
Construction Co., Inc. All voting aye, the motion was carried.
Attorney Folmer correspondence was notification of the Town Board's
decision to terminate G. DeVincentis & Son Construction Co.'s contract for Page
Green Road, Crestwood Court/ Groton Ave, and NYS Route 281 Water and Sewer
Project for failure to commence work on July 2, 2001 as required. The termination
is effective July 16, 2001.
Councilman O'Donnell made a motion seconded by Councilman Pilato, to
receive and file correspondence from Water and Sewer Sup't., Peter Alteri
regarding the Cortlandville Fire Department hosting a Community Day. All voting
aye, the motion was carried.
Councilman Rocco made a motion seconded by Councilman O'Donnell, to
receive and file the Cortland County Legislature's resolution supporting the town's
resolution requesting the NYS DOT to do traffic studies on Lime Hollow Road,
Gracie Road, Fairview Drive, Luker Road, and McLean Road now and during the
reconstruction of Routes 13 and 281. All voting aye, the motion was carried.
Councilman Rocco made a motion seconded by Councilman O'Donnell, to
receive and file correspondence from Barry Stevens of NYS DOT to Walter Priest
Executive Director of the Eight County Physicians Organization. All voting aye, the
motion was carried.
Mr. Stevens stated, based on review, the NYS DOT determined a traffic light
at Route 281 and Commons Ave. is not appropriate at this time.
The Board expressed their disapproval at the DOT's response and discussed
the Supervisor forward a letter to the DOT expressing their extreme displeasure.
RESOLUTION #135 REAPPOINT DAVID W. BRIGGS AS TOWN
ASSESSOR FOR A SIX YEAR TERM
Motion by Councilman Testa
Seconded by Councilman O'Donnell
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize the reappointment of
David W. Briggs as Town Assessor for a six -year term effective October 01, 2001
and shall expire September 30, 2007.
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JULY 11, 2001 TOWN BOARD MEETING PAGE 6
Councilman Rocco made a motion seconded by Councilman Pilato, to
receive and file correspondence from Clough, Harbour & Associates, LLP.
regarding the town's Comprehensive Transportation and Land Use Plan for Routes
281 and 13 corridor. All voting aye, the motion was carried.
RESOLUTION #136 SCHEDULE PUBLIC HEARING FOR AQUIFER
PROTECTION PERMIT APPLICATION
SUBMITTED BY MARCY EXCAVATION CO.
FOR PROPERTY LOCATED ON HEATH ROAD
Motion by Councilman O'Donnell
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, a Public Hearing shall be scheduled for July 18, 2001 at 5:00
p.m. for an Aquifer Protection Permit application submitted by Marcy Excavation
Co. for property located on Heath Road, tax map #79.00-01-02.100.
RESOLUTION #137 SCHEDULE PUBLIC HEARING FOR
AQUIFER PROTECTION PERMIT
APPLICATION SUBMITTED BY THE
UKRANIAN PENTECOSTAL CHURCH FOR
PROPERTY LOCATED ON MCLEAN ROAD
Motion by Councilman O'Donnell
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, a Public Hearing shall be scheduled for July 18, 2001 at 5:00
p.m. for an Aquifer Protection Permit application submitted by the Ukranian
Pentecostal Church for property located on McLean Road, tax map #95.00-01-
23.100.
RESOLUTION #138 SCHEDULE PUBLIC HEARING FOR AQUIFER
PROTECTION PERMIT APPLICATION
SUBMITTED BY ECONOMY PAVING FOR
PROPERTY LOCATED 1819 NYS ROUTE 13
Motion by Councilman O'Donnell
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, a Public Hearing shall be scheduled for July 18, 2001 at 5:00
p.m. f or an Aquifer Protection Permit application submitted by Economy Paving f or
property located at 1819 NYS Route 13, tax map #77.00-01-33.00.
RESOLUTION #139 SCHEDULE PUBLIC HEARING FOR
LOCALLAW-2001 MORATORIUM
Motion by Councilman Testa
Seconded by Councilman O'Donnell
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, a Public Hearing shall be scheduled for July 18, 2001 at 5:00
p.m. for Local Law-2001 Moratorium on development of Route 281 and 13
corridor.
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RESOLUTION #140 AUTHORIZE HIRING STEVE ABENDSCHEIN
TO ASSIST TOWN ENGINEER WITH THE
CRESTWOOD COURT SEWER PROJECT
Motion by Councilman Testa
Seconded by Councihnan Rocco
VOTES: ALL AYE ADOPTED
WHEREAS, the Town Engineer has requested hiring a Cornell University student
to assist with the Crestwood Court Sewer Project, therefore
BE IT RESOLVED, the Town Board does hereby authorize the hiring of Steve
Abendschein of 105 Dryden Road, Ithaca, NY, from June 29, 2001 to August 22,
2001 as temporary help to assist the Town Engineer- with the Crestwood Court
Sewer Project, and it is further
RESOLVED, the wage to be paid shall be $10.00 per hour.
Councilman Testa made a motion, seconded by Councilman Rocco, 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 7:50 p.m.
The following information was received from the Supervisor's office.
Councilman Testa made a motion, seconded by Councilman Rocco, to
adjourn the Executive Session and reconvene to the Regular Meeting. All voting
aye, the motion was carried.
RESOLUTION #141 AUTHORIZE ADHERRING TO TERMINATION
NOTICE SERVED TO G. DEVINCENTIS & SONS
CONSTRUCTION COMPANY, INC. FOR THE PAGE
GREEN ROAD, CRESTWOOD COURT/GROTON
AVE. AND NYS ROUTE 281 WATER AND SEWER
IMPROVEMENT PROJECTS
Motion by Councilman O'Donnell
Seconded by Councilman Pilato
VOTES: ALL AYE ADOPTED
WHEREAS, per Resolution #131 of 2001 the Town Board authorized a termination
notice be served to G. DeVincentis & Sons Construction Company, Inc. regarding
their signed contract with the town for Page Green Road, Crestwood Court/Groton
Ave. and NYS Route 281 Water and Sewer Improvement Projects, and
WHEREAS, a discussion was duly held with the Board and G. DeVincentis &
Sons Construction Company, Inc. regarding failure to commence work on July 2,
2001 as said signed contract indicated, therefore
BE IT RESOLVED, the Town Board does hereby authorize adhering to the notice
served terminating the contract with G. Devincentis & Sons Construction
Company, Inc. for the Page Green Road, Crestwood Court/Groton Ave. and NYS
Route 281 Water and Sewer Improvement Projects, effective July 16, 2001.
Councilman Pilato made a motion, seconded by Councilman Rocco, to
adjourn the Regular Meeting. All voting aye, the motion was carried.
The meeting was adjourned at 8:50 p.m.
4Reectfully submitted,
Q. Snyder
Town Clerk
Town of Cortlandville