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JULY 05, 2000
TOWN BOARD MEETING
7:00 P. M.
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: Deputy Supervisor, Theodore Testa
Councilman, Edwin O'Donnell
Councilman, Ronal Rocco
Absent: Supervisor, Raymond Thorpe
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., Peter Alteri; Deputy Town Clerk, Beth D'Ambrosio; Planning
Board member, Nick Renzi; Attorney John Bardsley; Val Ferro, AICP with the TPA
Group; Town Residents, Dr. J. Lee Ambrose, Dr. Michael Hage, Lydia & Jim Ferro, Mary
Ann & John Bishop, Al Atkins, Russ White and News reporter, Chris Nolan.
Councilman O'Donnell made a motion, seconded by Councilman Rocco, to
approve the Town Board Minutes of April 19, 2000 as written. All voting aye, the motion
was carried.
Councilman O'Donnell made a motion, seconded by Councilman Rocco, to
approve the Town Board Minutes of May 03, 2000 as written. All voting aye, the motion
was carried.
Deputy Supervisor Testa offered privilege of the floor to Dr. Michael Hage and
Attorney John Bardsley.
John Bardsley, introduced himself as Dr. Hage's attorney. Attorney Bardsley
explained Dr. Hage is looking for information regarding the proposed drainage basin to the
west of Dr. Hage's property at 1150 Davinci Drive. Attorney Bardsley's first question was
in regards to a drainage basin northwest of Dr. Hage's property that was filled in.
Highway Sup't., Carl Bush, explained this was a pond and not a retention 'basin.
The pond, built by Dr. Lee Ambrose, didn't have a ditch line for water going to the pond.
The town started to make the pond deeper for a retention basin but was stopped by the
owner, William Cleary. Mr. Cleary did not want the pond deepened. The town had an
easement to maintain the pond but did not enforce the easement to build a retention basin.
The town filled in the 1!/2-foot deep pond.
Councilman Rocco stated once the land was cleared, drainage problems occurred
on and below the hill in that area. The town has been trying to rectify these problems for
years.
The discussion continued regarding when the new retention basin was planned.
Highway Sup't., Bush stated the plan for the new basin was changed to the lot west
of Dr. Hage's property after Mr. Cleary requested the town not deepen the pond. The town
hired Resource Associates to design the basin after the new lot became available. Their
study has not been completed. This project was not put out to bid, as it was not subject to
the bid process.
Dr. Lee Ambrose, of 1199 Davinci Drive, stated Resource Associates was chosen
as they drafted the original design and have the most knowledge of the area. Resource
Associates have dealt with a number of drainage issues in that area over the past twelve
years.
Dr. Ambrose continued by explaining the drainage problems in the Davinci Drive
area with water runoff from the Town of Homer at the top of the hill. The Town of
Cortlandville has been working to alleviate this problem. The solution of the water basin
was a result of Resource Associates and the Soil & Water Conservation.
Deputy Supervisor Testa stated the Town of Homer has diverted water onto
Cosmos Hill and onto Dr. Ambrose's property. The town has spent $70,000 trying to
correct the problem. The drainage problem is not just that of Cortlandville. A number of
issues have contributed. The Board will be proposing a storm sewer on Route 281 to
Fisher Ave. to divert the water. Deputy Supervisor Testa listed a number of solutions tried,
in an attempt to alleviate the drainage problems.
Dr. Hage stated he is not against the proposed drainage basin. His concern is if an
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improperly planned basin fails as his home is in direct line.
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JULY 05, 2000 TOWN BOARD MEETING PAGE 2
A discussion was held concerning the basin being sized properly to capture a
certain size storm.
Highway Sup't. Bush stated Dr. Hage's property should be more protected with the
basin then it is now. Highway Sup't. Bush has spoken to Resource Associates regarding
Dr. Hage's concerns.
Dr. Hage stated he is in favor of a retention basin that will alleviate the problem. His
concern is with the size of the basin.
Deputy Supervisor Testa stated Highway Sup't. Bush will be in contact with Dr.
Hage before the project commences. The town is trying to find a solution and is not being
_ idle.
Councilman Rocco stated the Board wants to work with Dr. Hage and he should
feel free to speak with the Board or the Highway Sup't. with any questions.
Arrival of Town Attorney John Folmer.
Town Planning Board member Nick Renzi asked if the Town of Homer has been
put on written notice that they are causing a problem. He also stated the Town Engineer
should be the one to work with Resource Associates to ensure the project proceeds
properly. Mr. Renzi inquired into the date Resource Associates will finish their study. The
original plan was not completed properly and as houses are constructed the water drainage
problem is aggravated.
Attorney Bardsley reiterated his request to be notified when Resource Associates
have completed their study.
Deputy Supervisor Testa stated Attorney Bardsley would be informed.
Deputy Supervisor Testa offered privilege of the floor to Lydia Ferro.
Lydia Ferro of 710 McLean Road introduced her daughter, Valerie Ferro
representing the residents of McLean Road.
Valerie Ferro, an ACIP with the TPA Group, commented that in 1980 she
preformed a hillside development analysis for Cortland County Planning Board. She had
informed them of consequences, such as stormwater runoff and septic system failures. Ms.
Ferro recommended adoption of a zero run off policy. With the water leaving the site there
would be no difference post -development as pre -development.
Councilman O'Donnell stated the town has developed a run off policy where the
water is no greater than before development. This policy was adopted since problems
arose in the Cosmos Hill and Davinci Drive area.
A discussion was held regarding a study done to reduce the drainage problems in
the Cosmos Hill area.
Ms. Ferro explained she attended tonight's meeting to update the Board on the
McLean Road traffic situation. The residents of McLean Road have formed the "McLean
Road Neighborhood Preservation Coalition". Ms. Ferro stated the petition and letters
written requesting lowering the speed limit on McLean Road have gotten no where. The
Coalition has retained an attorney. They will be pursuing retribution and loss of property
due to the lack of being able to use their front yards.
She asked for the Board's legal opinion regarding whether the NYS DOT has the
final say over the town's local speed limits. In Virginia a local entity has a right to change
the speed limit but not establish it.
Councilman Rocco stated the Board has considered, in the past, posting whatthey
consider an appropriate speed but felt it would create problems.
A discussion was held concerning posted speed limits on McLean Road vs. what
speed is actually driven.
Ms. Ferro stated the vibrational impact is not allowing the residents of McLean
Road to utilize their front yards as expected when they purchased their properties. There
needs to be a remedy.
Another request of Ms. Ferro was for the Board to arrange a meeting with the NYS
DOT and the NYS Police with two of the McLean Road Coalition in attendance.
Ms. Ferro referred to letters she had written to Jon Edinger of the NYS DOT
regarding information that she had received stating the methodology used in determining
the necessity of a speed reduction.
A discussion was held regarding the plans NYS DOT has concerning widening
Route 281 and whether the town was notified.
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JULY 05, 2000 TOWN BOARD MEETING PAGE 4
RESOLUTION #130 RESCHEDULE A PUBLIC HEARING FOR CODE
CHANGES FOR MANUFACTURED HOUSING IN THE
TOWN OF CORTr ANDVIr r E FOR AUGUST 02 2000
Motion by Councilman Rocco
Seconded by Councilman O'Donnell
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, a Public Hearing shall be rescheduled for August 02, 2000 at 7:00
p.m. for code changes for manufactured housing in the Town of Cortlandville.
Attorney Folmer reported:
Suit-Kote Corp. appeal:
Attorney Folmer stated the briefs for the Suit-Kote/Panzanella appeal have been
filed in the appellate division in Albany. Supervisor Thorpe has received a copy of the
town's brief and copies are available for the Board. The appeal is to be heard September
11, 2000 at 1:00 p.m. Attorney Folmer and Supervisor Thorpe will attend.
Larson correspondence:
Attorney Folmer will forward a letter to Mr. Larson of Blodgett Mills regarding the
east end entrance to Blodgett Mills as per Councilman Testa's request.
Councilman Rocco made a motion, seconded by Councilman O'Donnell, to receive
and file the Cortland County Planning Board and Department's recommendations for a
zone change request submitted by J. Lee Ambrose. All voting aye, the motion was carried.
RESOLUTION #131 SCHEDULE A PUBLIC HEARING FOR A ZONE
CHANGE REQUEST SUBMITTED BY J. LEE
Motion by Councilman Rocco
Seconded by Councilman O'Donnell
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, a Public Hearing shall be scheduled for July 19, 2000 at 5:00 p.m. for
the Zone Change request submitted by J. Lee Ambrose tax map # 86.13-01-14.100.
Councilman O'Donnell made a motion, seconded by Councilman Rocco, to receive
and file the Cortland County Planning Board and Department's recommendations for an
Aquifer Protection Permit request submitted by Suit-Kote Corp. All voting aye, the motion
was carried.
RESOLUTION #132 SCHEDULE A PUBLIC HEARING FOR AN AQUIFER
PROTECTION PERMIT APPLICATION SUBMITTED
BY SUIT-KOTE CORP. FOR JULY 19. 2000
Motion by Councilman O'Donnell
Seconded by Councilman Rocco
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, a Public Hearing shall be scheduled for July 19, 2000 at 5:45 p.m. for
an Aquifer Protection Permit application submitted by Suit-Kote Corp. tax map #s 87.00-
02-16.120, 87.00-03-21.100, 97.00-01-04.000, 97.00-01-06.000, 97.00-01-31.000, 97.00-
01-60.000.
Councilman O'Donnell made a motion, seconded by Councilman Pilato, to receive
and file the Cortland County Planning Board and Department's recommendations for an
Aquifer Protection Permit request. submitted by Royal Motor Co. All voting aye, the
motion was carried.
JULY 05, 2000 TOWN BOARD MEETING PAGE 3
It was stated the NYS DOT attended a Town Board meeting a year ago with a
sketch in the preliminary planning stages regarding Route 281. The Board listened. They
shared with the NYS DOT representative suggestions for installation of traffic signals. The
Board has not discussed an official position.
Ms. Ferro stated regarding changes on the state level, the town has to demonstrate
purpose and need. She expressed concern with the type of voice local residents have.
Attorney Folmer explained he is drafting a communication to the state addressing
issues of traffic flow, effect on the landowners along Route 281 and potential drainage
problems. This communication will be sent in the name of the Board and the residents of
Cortlandville.
Ms. Ferro suggested the town ask for alternatives relating to road engineering.
Widening a road may move traffic but may not best serve the local public. Ms. Ferro
commented roads are not needed for economic growth. In Ms. Ferro's opinion the town
should shift the industrial development initiative from reactive to pro -active.
Highway Sup't. Bush stated the NYS DOT has been investigating the widening of
Route 281 for longer than two years. They responded to reports and complaints from
residents regarding access to Route 281.
Deputy Supervisor Testa explained the NYS DOT held a public meeting last week
at the Homer Central High School at 6:00 p.m. Supervisor Thorpe forwarded notification
of the meeting to the Cortland Standard and the NYS DOT notified all property owners
involved in the widening of Route 281. NYS DOT stated this was the beginning of the
process.
Dr. Ambrose explained he spoke with the NYS DOT in 1988 regarding their plans
for Route 281 and again in 1995. Adding he had concerns regarding the increase of traffic
and the inability to turn left from the Commons Ave. medical facilities. NYS DOT had
stated then by 1999 they would be widening Route 281.
Ms. Ferro suggested the town hire a traffic planner to study traffic flow and
represent the Board at NYS DOT.
Dr. Ambrose spoke in reference to the Commons Ave medical facilities having
access to Madison Street to utilize the traffic light at Route 281 and Madison Street
intersection.
A discussion was held regarding the feasibility of a meeting with the NYS DOT
concerning the speed limit reduction of McLean Road. It was decided to request
Supervisor Thorpe to arrange the meeting.
Attorney Folmer stated he would forward a statement to Mrs. Lydia Ferro
regarding the Board's legal position concerning changing a speed limit in the town.
The Board thanked Valerie Ferro for attending the Board meeting.
Monthly reports for the Town Clerk for June 2000 and the Justice for May 2000,
are on the table for review and filed in the Town Clerk's office.
Attorney Folmer apologized for not publishing the legal notice for Carl Staley's
public hearing scheduled for tonight's meeting as his wife had taken ill. He asked Mr.
Staley's public hearing be rescheduled for July 19, 2000.
RESOLUTION #129 RESCHEDULE PUBLIC HEARING FOR ZONE
CHANGE REQUEST SUBMITTED BY CARL
1 ALFY FOR T Y 19 2000
Motion by Councilman Rocco
Seconded by Councilman O'Donnell
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, a Public Hearing shall be rescheduled for July 19, 2000 at 5:00 p.m.
for the Zone Change request submitted by Carl J. Staley, tax map #87.00-02-05.000.
Attorney Fohner stated changing the code for the manufactured housing will be
difficult and asked the public hearing be scheduled for August 2, 2000 to allow time to
prepare the code changes.
JULY 05, 2000 TOWN BOARD MEETING PAGE 5
RESOLUTION AQUIFER PROTECTIONPERMIT
APPLICATION OROYAL M_!_ O— _!_
Motion by Councilman O'Donnell
Seconded by Councilman Rocco
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby table the Aquifer Protection Permit
application of Royal Motor Co. until a recommendation from the Town Planning Board
has been made.
RESOLUTION #134 AUTHORIZE TOWN ENGINEER TO COMMENCE
UNDERGROUND WATER INVESTIGATION PROGRAM
TO DEVELOP AN ADDITIONAL GROUNDWATER
SOURCE AT THE LIME HOLLOW WELL SITE
Motion by Councilman Rocco
Seconded by Councilman O'Donnell
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Board does hereby authorize and direct the Town Engineer to
commence an underground water investigation program to develop an additional
groundwater source at the Lime Hollow well site at a cost of $80,000.00.
RESOLUTION #135 AUTHORIZE EXPENDITURE OF $80,000 FROM
THE WATER IMPROVEMENT CAPITAL RESERVE
FUND TO COVER THE EXPENSE OF THE LIME
HOLLOW WELL SITE GROUNDWATER STUDY
SUBJECT TO PERMISSIVE REFERENDUM
Motion by Councilman O'Donnell
Seconded by Councilman Rocco
VOTES: ALL AYE ADOPTED
WHEREAS, the Town Engineer has been authorized and directed to commence a
groundwater investigation program to develop an additional groundwater source at the
Lime Hollow well site, therefore
BE IT RESOLVED, the Board does hereby authorize the expenditure of $80,000 from the
Water Improvement Capital Reserve Fund to cover the expense of a groundwater study at
the Lime Hollow well site, and it is further,
RESOLVED, that this resolution is adopted subject to permissive referendum as required
by law.
RESOLUTION #136 AUTHORIZE SUPERVISOR TO TRANSFER $2,000
FROM THE SEWER SURPLUS FUND TO THE
PUAI PROJECT SE R ACC UNT
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
Surplus Fund to the Capital Project Sewer Account as follows:
Highland Rd. area sewer
Crestwood Ct. sewer
$1,000.00
$1,000.00
BE IT RESOLVED, the Supervisor is hereby authorized and directed to transfer $2,000
from the Sewer Surplus Fund to the Capital Project Sewer Account, and it is further,
RESOLVED, the Town Sewer Surplus Fund will be reimbursed when the project is
bonded.
JULY 05, 2000 TOWN BOARD MEETING PAGE 6
RESOLUTION #137 AUTHORIZE SUPERVISOR TO TRANSFER $1,000
FROM THE WATER SURPLUS FUND TO THE
CAPITAL PROJECT WATER 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 Water
Surplus Fund to the Capital Project Water Account for the Blue Creek Road water
connection, therefore
BE IT RESOLVED, the Supervisor is hereby authorized and directed to transfer $1,000
from the Water Surplus Fund to the Capital Project Water Account, and it is further,
RESOLVED, the Town Water Surplus Fund will be reimbursed when the project is
bonded.
A discussion was held regarding whether correspondence sent to residents should
be reviewed by the Supervisor before being mailed. Concern was expressed with wording
of correspondence received by residents from the town.
Attorney Folmer cautioned using . a general statement including all mail. He
suggested being more specific.
Councilman Rocco stated the review of mail would exclude elected officials.
Nick Renzi recommended employees reporting to the Supervisor should have the
Supervisor sign any correspondence.
No action was taken.
Councilman Rocco made a motion seconded by Councilman O'Donnell, to receive
and file correspondence from Town Engineer, Hayne Smith to the residents of Crestwood
Court regarding the proposed sewer improvement project in their area. All voting aye, the
motion was carried.
Councilman O'Donnell made a motion seconded by Councilman Rocco, to receive
and file correspondence from Town Engineer, Hayne Smith to the residents of Highland
Road area regarding the proposed sewer improvement project in their area. All voting aye,
the motion was carried.
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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 #338 -
357
$13,282.43
General Fund B
75 -
81
$ 9,602.96
Highway Fund DB
219 -
242
$ 8,134.77
Water Fund
164 -
178
$ 7,160.39
Sewer Fund
104
$ 87.50
Capital Projects
38 -
40
$ 5,307.50
Deputy Supervisor
Testa cancelled the executive
session scheduled for
tonight's meeting.
Councilman Rocco 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 8:30 p.m.
Re ectfully subs 'tted,
en Q. Snyder
Town Clerk
Town of Cortlandville