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Home My WebLink About08-07-1996-2 7 4 AUGUST 07, 1996 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 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: Town Attorney, John Folmer; and news reporter, Sarah Fulmer. The Meeting was called to order by Supervisor Raymond Thorpe at 7:00 p.m. Councilman Rocco made a motion, seconded by Councilman Pilato to approve, as written, the Town Board Minutes of June 05, 1996 and June 19, 1996. All voting aye, the motion was carried. RESOLUTION #152 AUTHORIZE PAYMENT OF VOUCHERS Motion by Councilman Rocco Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, the vouchers submitted have been audited and shall be paid as follows: General Fund A Vouchers# 426 - 455 $ 8,328.86 General Fund B 101 - 114 $ 8,820.14 Highway Fund DA 8 - 9 $ 8,614.00 Highway Fund DB 310 - 344 $ 66,406.31 Water Fund 176 - 191 $148,942.65 Sewer Fund 118 - 127 $ 65,263.85 Capital Projects 5 - 11 $ 53,964.72 Reports for the month of July 1996 of the Town Clerk and the Code Enforcement Officer are on the table for review, and filed in the Town Clerks office. RESOLUTION #153 ACCEPT STATEMENT OF COMPLETION FOR COMMONS AVENUE SEWER IMPROVEMENT PROJECT - 1996 Motion by Councilman Rocco Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Statement of Completion for Commons Avenue Sewer Improvement Project-1996, in the amount of $16,137.42, is hereby accepted, and shall be received and filed. 1 0 r L� 275 AUGUST 07, 1996 TOWN BOARD MEETING PAGE 2 RESOLUTION #154 ACCEPT STATEMENT OF COMPLETION FOR COMMONS AVENUE WATER IMPROVEMENT PROJECT - 1996 Motion by Councilman Testa Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Statement of Completion for Commons Avenue Water Improvement Project-1996, in the amount of • $13,825.62, is hereby accepted, and shall be received and filed. Councilman Rocco made a motion, seconded by Councilman Pilato, to receive and file the report of activities during 1995, from Cortland Free Library. All voting aye, the motion was carried. Councilman Rocco made a motion, seconded by Councilman Testa, to receive and file a copy of a letter dated July 10, 1996, from Attorney Russell Ruthig to Attorney David Perfetti, regarding a request for a zone change on NYS Route 281, for property owned by Steve Timmons. All voting aye, the motion was carried. Councilman Testa made a motion, seconded by Councilman Rocco, to receive and file a copy of a letter dated August 2, 1996, from Attorney David Perfetti to Attorney Russell Ruthig, a reply to the above. All voting aye, the motion was carried. Supervisor Thorpe will send a copy of these letters to Town Planning Board Chairperson, Kathy Wickwire. Attorney Folmer responded that a letter is forthcoming to Supervisor Thorpe from Attorney Ruthig, to address the above correspondence. RESOLUTION #155 ADOPT LOCAL LAW NO. 1 OF 1996 - AMEND ZONING LAW TO INCLUDE ADULT ENTERTAINMENT LAW Motion by Councilman Pilato Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED BE IT ENACTED, by the Town Board of the Town of Cortlandville as follows: 1.) That the Zoning Law of the Town of Cortlandville shall be amended to add the following definitions to Section 1.2(3) of said Law. "Adult Entertainment Establishment" is any establishment or place of business where any person engaged in, conducts, operates, carries on, or permits to be engaged in, conducted, operated or carried on 1) live performances which are characterized by an emphasis on "specified anatomical areas" or specified sexual activities"; or 2) where employees, as part of their employment, regularly expose to patrons, "specified anatomical areas". "Specified anatomical areas" as used herein include: 1) less than completely and opaquely concealed; a)human genitals, pubic region, b) human buttock, anus, or c) female breast below a point immediately above the top of the areola; or 2) erect penis, even if completely and opaquely concealed. For the purpose of this definition AUGUST 07, 1996 TOWN BOARD MEETING PAGE 3 of adult entertainment establishment the term "specified sexual activities" includes: 1) human genitals in a state of sexual stimulation or arousal; 2) actual or simulated acts of human masturbation, sexual intercourse or sodomy; or 3) fondling or other erotic touching of human genitals, pubic region, buttock, anus or female breasts. 2. That the Zoning Law of the Town of Cortlandville N shall be amended to add to said Law a new Section of Article XVI of said Law, said Section to be numbered • 16.10 entitled "Adult Entertainment Establishments", to provide as follows: 16.10(a) Adult Entertainment establishment may not be located in any Zone Designated R-1, R-2, R-3 or Agricultural and may not be located, when initially opened as, or converted to, an adult entertainment establishment, within a multi use commercial structure or within 2000 feet of any of the following: 1) the boundary of any residential or agricultural zoning district; 2) any property, including the exterior lot, used as a licensed day care facility; 3) any structure, including the exterior lot, which has tax exempt status as a religious or educational use; 4) park; 5) any gymnastic center, library or museum. (b) In addition to the requirements of this section, no such adult entertainment establishment shall be located within the Town of Cortlandville unless a Conditional Permit, as provided in this Law, shall have first been issued by the appropriate authorities of the Town. (c) No such Conditional Permit shall be issued until the Planning Board of the Town of Cortlandville has considered the factors delineated as relevant to the issuance of Special Permits in general, and has filed written findings regarding the factors reviewed and considered by the Board. This Local Law shall -take effect upon publishing, filing, and other notice, as required by law. Councilman Pil.ato made a motion, seconded by Councilman Rocco, to receive and file a "Notice of Petition" from Friendly Ice Cream Corporation, regarding their current assessment. All voting aye, the motion was carried. Councilman Rocco made a motion, seconded by Councilman Pilato, to receive and file a "Notice of Petition" from Smith. Corona Corporation, regarding their current assessment. All voting aye, the motion was carried. Councilman Testa made a motion, seconded by Councilman Rocco, to receive and file a "Notice of Petition" from Tops Markets, Inc., regarding their current assessment, (1st location on Groton Avenue). All voting aye, the motion was carried. 77 AUGUST 07, 1996 TOWN BOARD MEETING PAGE 4 Councilman Rocco made a motion, seconded by Councilman Pilato, to receive and file the notice from Pizza Hut of America, Inc., of their intent to renew the beer license for their store #606032, located at 259 Tompkins Street. All voting aye, the motion was carried. RESOLUTION #156 ACKNOWLEDGE RECEIPT OF SUMMONS FOR A CLAIM FROM DONNA L. FOX AND GARY E. FOX DUE TO AN AUTOMOBILE ACCIDENT Motion by Councilman Rocco Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, a summons was served regarding a claim submitted by Donna L. Fox and Gary E. Fox, due to an automobile accident which occurred on April 21, 1995, is hereby acknowledged, and shall be received and filed. RESOLUTION #157 DESIGNATE CORTLANDVILLE HIGHWAY GARAGE AS A POLLING PLACE FOR TOWN RESIDENTS WITHIN ELECTION DISTRICT 14-5 Motion by Councilman Pilato Seconded by Councilman Testa VOTES: ALL AYE ADOPTED WHEREAS, for several years, the voters of the Town that reside in Election District 14-5, have voted at Econo Lodge, NYS Route 11 S, and WHEREAS, an addition has been added to the Town's Highway Garage, and completed, which meets all requirements needed and necessary for a polling place, and WHEREAS, it is the desire of this Town Board to utilize facilities owned by the Town whenever possible, therefore BE IT RESOLVED, the Town Board of the Town of Cortlandville does hereby authorize a change of the location of the polling place in Election District 14-5 and designate the Town of Cortlandville Highway Garage, located at 2242 NYS Route 41, as a polling place for the Town, and further RESOLVED, the Town Clerk shall notify the Cortland County Board of Elections, as required, and send a letter of appreciation to Econo Lodge. Attorney Folmer reported on the following: General Codes: Several Departments were provided draft copies of current ordinances and laws of the Town to allow them to make any corrections. He would like all corrections and changes submitted to him as soon as possible. He will contact General Codes and advise them our draft is being submitted and request they proceed with their procedures to complete the codification. General Codes, after review, will complete and submit a draft to the Town. Department Heads, and those involved, will have another 30 days to review, before a final draft completed. AUGUST 07, 1996 TOWN BOARD MEETING PAGE 5 RESOLUTION #158 AUTHORIZE TOWN ATTORNEY TO FORWARD OUR DRAFT OF TOWN CODES TO GENERAL CODES PUBLISHING CORP. TO CONTINUE THE PROCESS FOR CODIFICATION OF TOWN LAWS AND ORDINANCES Motion by Councilman Rocco Seconded by Councilman Testa VOTES: ALL AYE ADOPTED WHEREAS, Attorney Folmer has provided to department heads of the Town, a draft for review and suggested changes, therefore BE IT RESOLVED, Attorney Folmer is hereby authorized and directed to forward such information to General Codes Publishing Corp, on/or by September 1, 1996 and request them to proceed with the process for codification of the Town of Cortlandville's current Laws and Ordinances. Water run-off concerns in McGraw: A meeting is scheduled in McGraw to discuss concerns for well head protection. He informed the Town Board of the concerns of the McGraw School_ officials when the athletic field was constructed at the Elementary School. At that time they installed a flow valve to protect the wells on Academy St. from the water run-off from Ridge Road. Renew Town Bond Anticipation Notes: All but the BAN due August 02, 1996 has been renewed. Bond Council has forwarded all paperwork to him, which has been submitted to Attorney Mack for review, who represents the Bank. All BAN'S will be renewed to February 1997, when bonding of projects will occur. Attorney Folmer informed the Town Board that he will be out of Town and may not get back in time to attend the next Town Board on August 21, 1996. RESOLUTION #159 RESOLUTION TO BE PAID DIRECTLY ALL OF TOWN'S SHARE OF COUNTY SALES TAX Motion by Councilman Rocco Seconded by Councilman Testa VOTES: ALL AYE ADOPTED RESOLVED, that the Town of Cortlandville, pursuant to Tax Law Section 1262, elects to be paid directly all of its share of county sales taxes which would otherwise be applied to reduce the county taxes levied upon real property in the Town of Cortlandville, and be it further RESOLVED, that pursuant to Town Law Section 1262, this resolution shall be effective commencing with calendar year 1997, and it is further RESOLVED, that the Cortlandville Town Clerk shall forward a certified copy of this Resolution to the Cortland County Treasurer and the Cortland County Director of Real Property Tax Service. RESOLUTION #160 ACCEPT NOTICE OF INTENT FOR THE RESIGNATION OF TOWN EMPLOYEE, EDNA PUZO, AS TOWN TYPIST Motion by Councilman Testa Seconded by Councilman Pilato VOTES: ALL AYE ADOPTED 11 1 E BE IT RESOLVED, the notice of intent for the resignation of Town Employee, Edna Puzo as Town Typist, is hereby accepted, with deep regret, to be effective March 31, 1997, and shall be received and filed:: (� 79 AUGUST 07, 1996 TOWN BOARD MEETING PAGE 6 RESOLUTION #161 APPOINT EDWIN AND SHIRLEY O'DONNELL TO SCHEDULE FUNCTIONS AND COLLECT DONATIONS RECEIVED FOR SUCH, AT THE BLODGETT MILLS PARK Motion by Councilman Rocco Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby appoint Edwin and Shirley O'Donnell, of 3356 Kellogg Road, to schedule all functions at the Blodgett Mills Park and collect all donations for the park, as received, and submit to the Town. RESOLUTION #162 AUTHORIZATION TO AMEND THE 1996 BUDGET AND ESTABLISH NEW ACCOUNTS Motion by Councilman Rocco Seconded by Councilman Pilato VOTES: ALL AYE ADOPTED WHEREAS, due to heavy damages caused by flooding in the Town in January 1996, monies have been received from an State Aid Emergency Disaster fund, to be used for repair of highway damages that occurred, therefore BE IT RESOLVED, the Town Board does hereby authorize amending the 1996 budget and direct the Fiscal Officer to establish two new accounts to account for such as follows: Revenue DB3960 State Aid Emergency Disaster Assistance Expense DB8760.4 Emergency Disaster Work (flood) RESOLUTION #163 AUTHORIZE SUPERVISOR TO SEND LETTERS TO RESIDENTS OF WORTHINGTON PLACE REGARDING INSTALLATION OF STREET LIGHTS IN THEIR AREA Motion by Councilman Testa Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED WHEREAS, a letter was submitted by Mr. & Mrs. Henry Spencer of 3627 Worthington Place requesting street lighting on Worthington Place, and WHEREAS, in the past some residents have not wanted street lights installed, therefore BE IT RESOLVED, the Supervisor is hereby authorized and directed to send a letter to all residents of Worthington Place asking if they want street lights �. placed there. RESOLUTION #164 AUTHORIZE HIGHWAY SUPT. TO PURCHASE A NEW ROADSIDE MOWER FROM FORD NEW HOLLAND AT A COST OF $12 665 00 Motion by Councilman Testa Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Highway Supt. is hereby authorized to purchase a new roadside mower from Ford New Holland of Cortland, NY at a cost of $12,665.00. AUGUST 07, 1996 TOWN BOARD MEETING PAGE 7 RESOLUTION #165 AUTHORIZE HIGHWAY SUPT. TO PURCHASE LARGER MOWER TRACTOR OFF STATE BID Motion by Councilman Rocco Seconded by Councilman Pilato VOTES: ALL AYE ADOPTED WHEREAS, the Highway Supt. recently purchased a mower tractor, M/N 4630, off State Bid List, and the tractor was too small to handle our new mower, of which the dealer allowed the return, with the full credit of $22,715.00, and WHEREAS, the dealer allowed a trade-in credit of $4,800.00, for our old mower tractor, M/N4610, therefore BE IT RESOLVED, the Highway Supt. is hereby authorized to purchase the larger mower tractor, M/N 4630, off State Bid, for an additional cost to the Town of $6,735.00, which is still within the amount budgeted. RESOLUTION #166 AUTHORIZE COMPLETION OF PROBATION PERIOD FOR HIGHWAY EMPLOYEE MATTHEW EATON AND INCREASE SALARY Motion by Councilman Testa Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED WHEREAS, Matthew Eaton was hired as an employee of the Cortlandville Highway Department, and has satisfactorily completed the six month probation period, therefore BE IT RESOLVED, the Town Board does hereby authorize the completion of the probation period and increase his salary schedule in accordance with the personnel policy. RESOLUTION #167 AUTHORIZE SELLING SURPLUS EQUIPMENT AT MUNICIPAL AUCTION IN LANSING, NY Motion by Councilman Rocco Seconded by Councilman Pilato VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby authorize disposing of a 1976 Brockway Dump Truck, #16, at the municipal auction in Lansing, N.Y., and shall be removed from the Towns Fixed Assets program. Councilman Rocco made a motion, seconded by Councilman Testa, to adjourn the regular meeting. All voting aye, the motion was carried. The Regular meeting was adjourned at 7:25 p.m. % Res ectfull sub fitted, Pauline H. Parker, CMC Town Clerk Town of Cortlandville