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Home My WebLink About12-15-1993Wednesday, December 15, 1993 5:00 P.M. PUBLIC HEARING LOCAL LAW NO. 2 FOR THE YEAR 1993: MOBILE HOMES A Public Hearing was held by the Town Board of the Town of Cor-'Clandville at the Town Hall, 15 Terrace Road, Cortland, New York, on December 15, 1993 at 5:30 p.m. in regards to Local Law No. 2 of 1.993 for restrictions of locations of Mobile Homes. Members present: Supervisor, Raymond Thorpe Councilman, Theodore Testa Councilman, Ronal Rocco Councilman, John Pilato Town Clerk, Pauline Parker Absent: Councilman, Edwin O'Donnell Others present were: Highway Superintendent, Carl Bush; CEO, Bruce Weber; Newsreporter, Skip Chapman and Town residents of the Ridge Rd. area: Mr. & Mrs. Albert Beilby, Mr. & Mrs. Albert DiLucci, Mrs. Mary Bush, and Mr. Tom Kelly. Supervisor Thorpe called the Public Hearing to order at 5:30 p.m. The Town Clerk read aloud the Legal Notice as posted and filed. CEO, Bruce Weber answered questions from Town residents. The Local Law that is being proposed now restricts mobile homes to Mobile Home Parks and as an accessory farm use. In the past, mobile homes have been installed for housing of farms employees, but the land is no longer used for farming. Mobile homes have been left there and are not being used as intended. Adoption of this Local Law, and amending the Cortlandville Zoning Law, the property owner would no longer be in compliance with the Zoning regulations and the mobile home would have to be removed, if not being used as housing of farm employees. A mobile home can not be removed today without the proper documentation of its uses when placed there. No other comments or questions were heard. Councilman Rocco made a motion, seconded by Councilman Testa to close the Public Hearing. All voting aye, -the motion was carried. The Public Hearing was closed at 5:45 p.m. 152 Wednesday, December 15, 1993 5:00 P.M. TOWN BOARD MEETING The Regular Meeting of the Town Board of the Town of Cortlandville was held at 5:00 p.m. at the Cortlandville Town Hall, 15 Terrace Road, Cortland, New York with Supervisor Raymond Thorpe presiding. Members present: Supervisor, Raymond Thorpe Councilman, Theodore Testa Councilman, Ronal Rocco Councilman, John Pilato Town Clerk, Pauline Parker Absent: Councilman, Edwin O'Donnell Others present were: Highway Superintendent, Carl Bush; CEO, Bruce Weber; Attorney William Pomeroy; Atty. Charles Shafer; Newsreporter, Skip Chapman and Town residents,Mr. & Mrs. Albert Beilby, Mr. & Mrs. Albert DiLucci, Mrs. Mary Bush, and Mr. Tom Kelly. The Meeting was called to order by Supervisor Thorpe at 5:00 p.m. Councilman Pilato made a motion, seconded by Councilman Testa, to approve as written, the Town Board Minutes of November 3, 1993. All voting aye, the motion was carried. Councilman Pilato made a motion, seconded by Councilman Testa, to receive and file the Planning Board Minutes of November 30, 1993. All voting aye, the motion was carried. RESOLUTION #214 AUTHORIZE PAYMENT OF VOUCHERS DECEMBER Motion by Councilman Rocco Seconded by Councilman Pilato VOTES: ALL AYE ADOPTED BE IT RESOLVED, that the vouchers submitted have been audited and shall be paid as follows: General Fund A Vouchers #488 - 509 $10,432.37 General Fund B 108 - ill $ 1,767.32 Highway Fund A 4 $ 2,258.60 Highway Fund 450 - 468 $13,206.46 Water Fund 258 - 271 $18,654.46 Sewer Fund 140 - 146 $12,230.17 Capital Projects 96 $ 1,160.00 RESOLUTION #215 APPROVE AQUIFER PERMIT #9 OF 1993 FOR MARSHALL COMPANIES 3741 ROUTE 11 IN POLKVILLE Motion by Councilman Testa Seconded by Councilman Pilato VOTES: ALL AYE ADOPTED WHEREAS, a Public Hearing was held on December 1, 1993 concerning the Aquifer Special Permit Application of Marshall Companies for a placement of a 10,000 gallon fuel tank in a dike, to be located at their business at 3741 Route 11 in Polkville, and 0 I. 1 DECEMBER 15, 1993 TOWN BOARD PAGE 2 WHEREAS, the Public Hearing was recessed to allow the Town Planning Board more time to take action on such request, and WHEREAS, the Town Planning Board held a Special Meeting on December 14, 1993 and recommended approval of the Aquifer Special Permit, therefore BE IT RESOLVED, the Town Board does hereby approve Aquifer Special Permit #9 of 1993. RESOLUTION #216 RECEIVE AND FILE A "STATEMENT OF COMPLETION" FOR GROTON AVE. PLAZA NYS ROUTE 281 AND LUKER ROAD AREA SEWER PROJECT Motion by Councilman Ronal Rocco Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, that the Statement of Completion for the Groton Avenue Plaza, NYS Route 281 and Luker Road area Sewer Project is hereby accepted in the amount of $533,3/8.57 and shall be received and filed. Councilman Rocco made a motion, seconded by Councilman Pilato, to receive and file a copy of a letter sent to Legislative Chairman, Richard Tupper from Charlotte H. Angell residing at 6 Forrest Avenue in the City of Cortland, All voting aye, the motion was carried. The letter expressed concern about the proposed Railroad Spur Extension in the Town of Cortlandville. She requested the proposal be denied. Councilman Rocco made a motion, seconded by Councilman Testa, to receive and file a letter from Cindy Bickford of Resource Associates. All voting aye, the motion was carried. The letter requested a Public Hearing be scheduled for Jan 5, 1994 in regards to the Aquifer Special Permit for Jim May Automobile Dealership. Mo action was taken. RESOLUTION #217 RECEIVE AFFIDAVIT OF WRITTEN NOTICE CONCERNING PROPOSED LOCAL LAW NO. 2 OF 1993 - AMENDING ZONING ORDINANCE REGARDING MOBILE HOMES Motion by Councilman Pilato Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board shall hereby receive and file the "Affidavit of Written Notice" concerning the proposed Local Law No. 2 of 1993 amending the Town Zoning Law regarding mobile homes as prepared by Town Attorney, Phillip Rumsey, which provided copies of written notices sent, as required. 154 DECEMBER 15, 1993 TOWN BOARD PAGE 3 RESOLUTION #218 ACKNOWLEDGE RECEIVING "NOTICE OF CLAIM" OF JENNIE MOONEY PARENT OF JEFFREY FOWLER - CAR ACCIDENT Motion by Councilman Pilato Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED BE IT RESOLVED, that the Town Board does hereby acknowledge receiving the 11Notice of Claim" from Jennie Mooney, parent of Jeffrey Fowler, who was involved in a car accident on Gallagher Road in the Town of Cortlandville on September 16, 1993 RESOLUTION #219 AUTHORIZE ADDITIONAL UNPAID SEWER BILLS TO BE RELEVIED TO THE 1994 TAX ROLLS Motion by Councilman Testa Seconded by Councilman Pilato VOTES: ALL AYE ADOPTED BE IT RESOLVED, the additional unpaid sewer bills, as submitted, shall be relevied to the 1994 tax rolls. Councilman Rocco made a motion, seconded by Councilman Testa, to receive and file a letter received from Richard Lucas of NYS, Dept of Transportation. All voting aye, the motion was carried. The letter advised they are beginning the design studies for a road project along NYS Route 11 from Marathon to Exit 10 in Polkville. The project is planned for 1995. They are requesting input from municipalities, if desired. No action was taken. RESOLUTION #220 AUTHORIZE ADDITIONAL COUNCILMAN'S NAME BE ADDED FOR SIGNING CHECKS AND THAT NECESSARY FOR BANKING NEEDS OF THE TOWN Motion by Councilman Testa Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED BE IT RESOLVED, that the Town Board does hereby authorize an additional name be added with banks used by the Town of Cortlandville and any other duties of the Budget Officer, and further RESOLVED, that Councilman Edwin O'Donnell is hereby designated such duties, effective December 15, 1993. RESOLUTION #221 SET DATE FOR A PUBLIC HEARING ON JANUARY 19, 1993 AT 5:00 P.M. FOR ALDI FOOD STORE - AQUIFER SPECIAL PERMIT Motion by Councilman Testa Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED WHEREAS, an application for an Aquifer Special Permit has been submitted by Aldi Food Store, therefore BE IT RESOLVED, that a Public Hearing shall be held on January 19, 1993 at 5:00 p.m. DECEMBER 15, 1993 TOWN BOARD PAGE 4 RESOLUTION #222 SET DATE FOR A PUBLIC HEARING ON JANUARY 19, 1991 AT 5:30 P.M. FOR BENDERSON-CORTLAND ASSOCIATES - AQUIFER SPECIAL PERMIT Motion by Councilman Testa Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED WHEREAS, an application for an Aquifer Special Permit has been submitted by Benderson-Cortland Associates, on behalf of Jim May Pontiac Dealership, therefore BE IT RESOLVED, that a Public Hearing shall be held on January 19, 1993 at 5:30 p.m. RESOLUTION #223 APPOINT JOHN B. FOLMER AS TOWN ATTORNEY, EFFECTIVE JANUARY .1, 1994 Motion by Councilman Rocco Seconded by Councilman Pilato VOTES: ALL AYE ADOPTED WHEREAS, Town Attorney, Phillip Rumsey, being duly elected as New York State Supreme Court Justice, shall commence his new duties on January 1, 1994, which shall cause a vacancy for the position of Town Attorney for the Town of Cortlandville, and WHEREAS, the Town Board has received and reviewed resumes submitted by other Attorneys in the area, therefore BE IT RESOLVED, the Town Board does hereby appoint John B. Folmer as Town Attorney, for the Town of Cortlandville, effective January 1, 1994 thru December 31, 1994, and shall be paid a salary of $21,499.00 for such term. RESOLUTION #224 AUTHORIZE BOOKKEEPER'S OLD CHAIR TO BE REMOVED FROM FIXED ASSETS Motion by Councilman Rocco Seconded by Councilman Pilato VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Supervisor is hereby authorized to remove the bookkeeper's chair, purchased in 1976 from that Fixed Assets Program, as it has been replaced. RESOLUTION #225 AUTHORIZE SUPERVISOR TO SIGN 1994 CONTRACTS AFTER APPROVAL BY TOWN ATTORNEY Motion by Councilman Pilato Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Supervisor is hereby authorized to sign various contracts for 1994, subject to Town Attorney approval. 0 DECEMBER 15, 1993 TOWN BOARD PAGE 5 RESOLUTION #226 ESTABLISH DECEMBER 28, 1993 AS CUT OFF DATE FOR SUBMITTING VOUCHERS FOR PAYMENT FOR THE YEAR OF 1993 Motion by Councilman Rocco Seconded by Councilman Pilato VOTES: ALL AYE ADOPTED BE IT RESOLVED, December 28, 1993 shall be the last day for department heads to submit vouchers for payments for the year of 1993. RESOLUTION #227 ACKNOWLEDGE TOWN ASSESSOR, DAVID BRIGGS AS BEING APPOINTED THE 49TH PRESIDENT OF THE NEW YORK STATE ASSESSORS ASSOCIATION Motion by Councilman Rocco Seconded by Councilman Pilato VOTES: ALL AYE ADOPTED BE IT RESOLVED, that the Town Board does hereby acknowledge, and congratulate, Town Assessor, David Briggs as being appointed the 49th President of the New York State Assessor's Association. Mr. William Pomeroy, Attorney for Mr. Lee Ambrose, spoke to the Town Board about dedicating the eastern part of Raphael Drive in the Renaissance Development. He advised that everything has not been completed as required. He submitted a committment letter dated December 13, 1993 from Joseph H. Compagni, President of Economy Paving Co., Inc.. He will be the responsible party to complete the road. RESOLUTION #228 ACCEPT DEDICATION OF EASTERN PORTION OF RAPHAEL DRIVE WITHIN RENAISSANCE DEVELOPMENT, SUBJECT TO APPROVALS Motion by Councilman Rocco Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby accept dedication of the eastern portion of Raphael Drive within the Renaissance Development, subject to approval of Town Highway Supt. and Town Attorney after completion of performance of items listed by Joseph H. Compagni, President of Economy Paving Co. Inc., from letter dated December 13, 1993, and further RESOLVED, such items must be completed by June 1, 1994. Highway Supt., Carl Bush, also showed pictures to Attorney Pomeroy of concerns of the sewer lines that were installed within the Renaissance Development by their contractors. Attorney Pomeroy will advise the contractor of the concerns. 1:S.w DECEMBER 15, 1993 TOWN BOARD PAGE 6 RESOLUTION #229 DENY STREET LIGHTING ON DEMEREE DR. AND AUTHORIZE CARL BUSH TO PROCEED WITH STREETLIGHTING NEEDS PER LETTER OF DECEMBER 14, 1993 Motion by Councilman Rocco Seconded by Councilman Pilato VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby deny placement of street lights on Demeree Drive, as requested, and RESOLVED, that Highway Supt., Carl Bush is hereby authorized to proceed with installations on Highland Road, Westmore Lane, Katie Lane, and Walden Oaks Blvd. per his recommendations dated December 14, 1993. Councilman Rocco made a motion, seconded by Councilman Testa, to recess the Regular Meeting to hold a Public Hearing for Local Law No. 2 of 1993. All voting aye, the motion was carried. Councilman Testa made a motion, seconded by Councilman Rocco, to reconvene the Regular Meeting. All voting aye, the motion was carried. RESOLUTION #230 DECLARE NEGATIVE IMPACT - LOCAL LAW # 2 OF 1993 FOR ZONE CHANGE FOR MOBILE HOMES IN THE TOWN Motion by Councilman Rocco Seconded by Councilman Testa VOTES: ALL AYE ADOPTED WHEREAS, a Public Hearing was duly held by the Town Board concerning Local Law No. 2 of 1993 amending the Town of Cortlandville Zoning Law concerning the placement of mobile homes in the Town, and WHEREAS, the Cortlandville Town Board, as Lead Agent, has reviewed the SEQRA, Full Environmental Assessment Form, as such project is a Type One action, therefore BE IT RESOLVED, the Town Board does hereby declare that Local Law No. 2 of 1993, amending the Town of Cortlandville Zoning Law, shall have no significant impact on the environment, and further RESOLVED, the Supervisor is hereby authorized and directed to sign the SEQRA form. RESOLUTION #231 ADOPT LOCAL LAW NO. 2 FOR THE YEAR 1993 MOBILE HOME MORATORIUM AND AMENDING THE CORTLANDVILLE ZONING Motion by Councilman Rocco Seconded by Councilman Pilato VOTES: ALL AYE ADOPTED BE IT ENACTED, by the Town Board of the Town of Cortlandville as follows: SECTION 1. Legislative Intent The Cortlandville Town Board hereby determines its intent to 158 DECEMBER 15, 1993 TOWN BOARD PAGE 7 provide for its citizens health, safety and welfare regarding the placement of the growing number of mobile homes in areas of the Town zoned Agriculture. A planned aesthetic growth is further determined to be beneficial to the welfare of the Town's citizens. It is hereby noted that mobile homes are allowable as accessory farm uses, and are further allowable in existing, mobile home parks and within new mobile home parks as planned unit developments. The Town Board hereby further determines that the provisions herein legislated are reasonable and necessary to accomplish the Town's intentions and goals. SECTION 2. Local Law Number 1 for the year 1986, and thereafter amended, is hereby further amended to add a new paragraph 3.c. to Section 3.2 to read as follows: 3.c. At such time as a mobile home is no longer an accessory farm use, it shall be removed. SECTION 3. Local Law Number 1 for the year 1986, and thereafter amended, is hereby further amended at Section 3.4 as follows: Paragraph number "1." of Section 3.4 is deleted, and paragraph numbered "2.", "3.", and "4." are hereby renumbered as "1.", "2.", and "3." respectively. SECTION 4. Local Law Number 1 for the year 1986, and thereafter amended, is hereby further amended at Section 3.6, paragraph 2. as follows: Subparagraph letter "a." of paragraph 2. of Section 3.6 is deleted, and subparagraphs lettered "b.", "c." and "d." are hereby relettered as "a.", "b.", and "c." respectively. SECTION 5. If any clause, sentence, paragraph, section or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, section or part thereof directly involved in the controversy in which judgment shall have been recorded. SECTION 6. This Local Law shall take effect in accordance with the provisions of the Municipal Home Rule Law and upon filing in the Office of the Secretary of State Councilman Rocco made a motion, seconded by Councilman Pilato, to adjourn the Regular Meeting. All voting aye, the motion was carried. The Regular Meeting was adjourned at 5:50 p.m. Respec'fully sub)ted, l auline H. Parker, CMC Town Clerk Town of Cortlandville