The URL can be used to link to this page

Home My WebLink About06-07-1989Wednesday June 07, 1989 7:30 P.M. PUBLIC HEARING LOCAL LAW NO. 1 FOR THE YEAR 1989, PROVIDING FOR THE RECOVERY OF ATTORNEY FEES AND DISBURSEMENTS FROM DEFENDANTS IN CIVIL ACTIONS BY THE TOWN IN ZONING AND OTHER LAND USE MATTERS. A Public Hearing was held at the Town Hall, 15 Terrace Road, in the Town of Cortlandville, concerning proposed Local Law No. 1 for the year 1989, providing for the recovery of attorney fees and disbursements from defendants in civil actions by the Town of Cortlandville in zoning and other land use matters. Members present: Supervisor Melvin Pierce Councilman Raymond Thorpe Councilman Edwin O'Donnell Councilman Ronal Rocco Councilman Theodore Testa Town Clerk Pauline Parker Also present were Town attorney, Phillip Rumsey; Town Engineer, Hayne Smith; Town Highway Superintendent, Carl Bush; newsreporters, Kevin Conlon from the Cortland Standard and Lily Wilson from the Post Standard. LEGAL NOTICE NOTICE OF PUBLIC HEAR- ING TOWN OF CORT- LANDVILLE PROPOSED p Su ervisor Pierce called LOCAL LAW NO. 1 FOR the Public Hearing to order at 1989 7:30 p.m. Notice is hereby given ithat a public hearing will be held before the Town Board of the Town of Cort- landville at the Town Hall, The Town Clerk read aloud 15 Terrace Road, Cortland, New York, on June 7.1989 the Legal Notice as shown: at 7:30 o'clock p.m. concer- ning proposed Local Law No. 1 for the Yebr 1989, providing for the recovery Supervisor Pierce offered of attorney fees and the privilege of the floor to disbursements from defen- dants in civil actions by the p Town in zoning and other land use matters. At the time and place of isaid hearing all parties in iinterest and citizens Shall Councilman Thorpe isugghave on opportunity to be heard. ested that Town Attorney, 'Dated: May30, 1989 Phillip Rumsey explain what the PAULINE H. PARKER, proposed Local Law .is about, so Town Clerk Town of Cortlandville that everyone can better 15 Terrace Road Cortland, New York 13045 understand i t . 127-1 t Mr. Rumsey apprised that said Local Law would allow the Town to propose that any defendant, against human injunction, issued in terms of any land use or zoning matter that we would seek a civil injunction for, would be responsible for any costs incurred from such. With no further questions or comments, a motion was made by Councilman Thorpe, seconded by Councilman Rocco, to close the Public Hearing. All voting aye, the motion was carried. 112 Town Boaffd minutes of May 3,1989 & May 1 7,1989 Wednesday June 07, 1989 7:30 P.M. Regular Meeting The Regular Meeting of the Town Board of the Town of Cortlandville, was held at the Town Hall, 15 Terrace Road, Cortland, New York, following a Public Hearing regarding proposed Local Law No. 1 for 1969. Members present: Supervisor Melvin Pierce Councilman Raymond Thorpe Councilman Edwin O'Donnell Councilman Ronal Rocco Councilman Theodore Testa Town Clerk Pauline Parker Also present were Town attorney, Phillip Rumsey; Town Engineer, Hayne Smith; Town Highway Superintendent, Carl Bush; newsreporters, Kevin Conlon from the Cortland Standard and Lily Wilson from the Post Standard; Jim Feuss and Dennis Horner from the County Health Department; Homer Mayor, Mary Alice Bellardini; Tim Buhl, representing Renaissance associates; Nancy Jarvis; and many Town residents. Supervisor Pierce called the Regular Meeting to order at 7:40 p.m., following the Public Hearing for Local Law No. 1 for the year 1989, providing for the recovery of attorney fees and disbursements from defendants in civil actions by the Town in zoning and other land use matters. He requested that all those in attendance rise and pledge allegiance to the flag. He then advised those present of the locations of fire exits in the building. A motion was made by Councilman Thorpe, seconded by Councilman O'Donnell, to approve as written the Cortlandville Town Board minutes of May 03, 1989 and May 17, 1989. All voting aye, the motion was carried. A motion was made by Councilman O'Donnell, seconded by Councilman Rocco, to receive and file the Planning Bd Cortlandville Planning Board minutes of May 30, 1989. May 30, 1989 All voting aye, the motion was carried. RESOLUTION #151 AUTHORIZE PAYMENT OF VOUCHERS - JUNE Payment of Vouchers Motion by Councilman Rocco Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, that the vouchers submitted have been audited and shall be paid as follows: General Fund A Vouchers #186 - 205 $ 3,882.38 General Fund B 47 - 55 3,522.51 Highway Fund 147 - 169 13,106.76 Water Fund 61 - 67 65,616.50 Sewer Fund 37 - 39 166.20 Capital Projects 33 - 39 1,387.08 C 1 1 Wednesday June 07, 1969 Page 2 A motion was made by Councilman O'Donnell, seconded by Councilman Thorpe, to receive and file the copy of the letter from Supervisor Pierce to David Kryger, Supervisor of the Town of Virgil. All voting aye, the motion was carried. The letter was regarding the development on Nye Road in the Town of Virgil. A motion was made by Councilman Thorpe, seconded by Councilman O'Donnell, to receive and file a copy of the letter to Dr. Lee Ambrose from Supervisor Pierce. All voting aye, the motion was carried. The letter was apprising Mr. Ambrose of the reason for the Town's not accepting the water line on Route 281. A motion was made by Councilman O'Donnell, seconded by Councilman Thorpe, to receive and file the correspondence from the NY State Department of Law. All voting aye, the motion was carried. The correspondence was regarding the Smith Corona Settlement Agreement. RESOLUTION #152 ACKNOWLEDGE ACCEPTANCE OF SETTLEMENT AGREEMENT WITH SMITH CORONA rec & file letter from Mel to Town of Virgil Nye Rd. rec & file letter to Ambrose - Town not accept wate line rec & file NYS Depart.of Law -SGM Motion by Councilman O'Donnell Settlement with SCM Seconded by Councilman Thorpe VOTES: ALL AYE ADOPTED WHEREAS, per Resolution #43 of 1989, Town Attorney, Phillip Rumsey was authorized to sign a settlement agreement regarding the lawsuit with Smith Corona, pertaining to pollution of the Town's water supply, and WHEREAS, the settlement amount of $135,000.00 has been received by the Town from Smith Corona, and WHEREAS, the Bond Anticipation Note for the Pheasant Run Water Improvement Project has been.paid off with said funds, therefore BE_ IT RESOLVED; that the settlement agreement between the Town of Cortlandville and Smith Corona regarding the lawsuit pertaining to pollution of the Town's water supply is hereby acknowledged and filed. RESOLUTION #153 SET DATE FOR PUBLIC HEARINGS - SPECIAL PERMITS -.GUTCHESS LUMBER, BENNIE ROAD; GUTCHESS LUMBER, MCLEAN ROAD; C'VILLE LODGE, RT.13;._:J.M.MURRAY CENTER, WEST ROAD• JULY 05 19B9 7:30 P.M. Motion by Councilman Thorpe schedule PH for Seconded by Councilman -O'Donnell Special Permits VOTES: ALL AYE ADOPTED WHEREAS, requests have been submitted by Gutchess Lumber, Cortlandville Lodge, and J.M.Murray Center for a Special Permit to develop over the Aquifer, and WHEREAS, these permits have been referred to the Cortlandville Planning Board for their review and recommendations, and 114 Wednesday June 07, 1989 Page 3 WHEREAS, the continuing process for acquiring a Special Permit requires a Public Hearing before this Board, therefore BE IT RESOLVED, that Public Hearings shall be held before this Town Board on July 05, 1989 commencing at 7:30 p.m., to review said applications. RESOLUTION #154 SCHEDULE PUBLIC HEARING - ZONE CHANGE J.M.MURRAY, INC. - WEST ROAD schedule PH Zone Motion by Councilman O'Donnell change - JM Murray Seconded by Councilman Thorpe VOTES: ALL AYE ADOPTED WHEREAS, a request was submitted to the Town Board from Roy Susskind, Executive Director of J.M.Murray Center, 4057 West Road, Cortland, for a zone change for tax map parcel no. 86.09-02-01.000, from Commercial to Industrial, and WHEREAS, this application has been reviewed by the Cortlandville Planning Board, and WHEREAS, the next step in the process of obtaining a zone change is a Public Hearing before this town board, therefore BE IT RESOLVED, that a Public Hearing shall be heard before this Town Board on July 5, 1989 at 7:30 to hear all interested parties. RESOLUTION #155 SCHEDULE PUBLIC HEARING - SPECIAL PERMIT - TSC - RT 281 Schedule Ph Special Permit Motion by Councilman O'Donnell TSC Seconded by Councilman Thorpe VOTES: ALL AYE ADOPTED WHEREAS, TSC has submitted a request for a Special Permit to develop over the Aquifer, and WHEREAS, this application has been referred to the Cortlandville Planning Board, and WHEREAS, the continuing process requires a Public Hearing before this Board, therefore BE IT RESOLVED, that a Public Hearing shall be heard before this Town Board on July 05, 1989 at 7:30 p.m. RESOLUTION #156 ADOPT LOCAL LAW NO. 1 FOR 1989 PROVIDING FOR THE RECOVERY OF ATTORNEY Adopt Local Law FEES IN ZONING CASES No. 1 for 1989 Motion by Councilman O'Donnell Seconded by Councilman Thorpe VOTES: ALL AYE ADOPTED BE IT ENACTED, by the Town Board of the Town of Cortlandville as follows: 1 1 Wednesday June 07, 1989 Page 4 Section 1. Statement of Intent. One of the most important benefits received by residents of the Town of Cortlandville from it's Government is the protection of property values and way of life safeguarded by the Town's zoning and planning laws. The Town has expended substantial public funds developing, nurturing and maintaining it's comprehensive land use plan. Every violation of these laws undermines the benefit of these laws to all citizens and corrupts the integrity of the plan as a whole. The criminal enforcement process is only one tool to compel compliance with these laws but it is designed for punishment, not compliance and the penalties associated therewith are often insufficient to modify behavior. The injunctive powers of the Supreme Court on the other hand are designed to compel compliance but accessing these powers is very expensive to the municipal taxpayer. This Local Law is designed to provide authorization for the Town of Cortlandville to recover it's reasonable attorney fees from a defendant who is adjudged by the Court in a civil proceeding of having violated the Town's zoning and/or planning laws. SECTION 2. Applicability. This Local Law shall be applicable to any civil proceeding whether in the nature of an action for injunction or otherwise brought by the Town of Cortlandville or any of it's boards, departments, agencies or divisions to enforce, compel compliance with, or enjoin a violation of the Town's zoning law, subdivision law, junk vehicle law, site plan law, or other land use laws or regulations, in which the Town of Cortlandville or it's boards, departments, agencies or divisions are the prevailing party. SECTION 3. Recovery of Attorney Fees. In any civil proceeding, for an injunction or other relief in which the Town of Cortlandville, it's boards, departments, agencies or divisions shall prevail, it shall be entitled to recover from one or all of the defendant or defendants, all of it's reasonable attorney fees, costs and disbursements. SECTION 4. Home Rule. By this Local Law, the Town of Cortlandville intends to exercise the powers granted to it by the Municipal Home Rule Law to the maximum extent possible, and it is specifically intended that this Local Law shall supercede all other local or state laws of general application inconsistent herewith, except this law shall not be construed so as to be inconsistent with nor to deprive any member of the judiciary of the State of New York of any power granted or reserved to such Judge. This Local Law is not intended in any way to limit the Town of Cortlandville in resorting to any and all other legal remedies in the enforcement of .it's laws and regulations, including criminal enforcement. SECTION 5. Effective Date. This Local Law shall take effect immediately upon filing in the Office of the Secretary or State. 116 Wednesday June 07, 1989 Page 5 RESOLUTION #157 AMEND RESOLUTION #144 OF THE YEAR 1989 Motion by Councilman Thorpe Amend Res. 1.44 of 1989 Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED BE IT RESOLVED, that Resolution #144 of 1989 shall be amended to read as follows: BE IT RESOLVED, that Michael S. Andrews is hereby appointed as summer Park Recreation and Maintenance Director for 1989, and also RESOOVED, that his salary shall be $2,500.00 starting with payroll no. 11 and ending with payroll no. 15. RESOLUTION #158 AUTHORIZE BOOKKEEPER TO SET UP NEW APPROPRIATION ACCOUNT - BOND ANTICIPATION NOTE ACCOUNT Authorize BKKPR new account BAN Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, that the Bookkeeper is hereby authorized to set up a new budget appropriation account F9730.0, Bond Anticipation Note Payable and appropriate the budget .6 for principal with $60,000.00 from surplus; and .7, interest with $1,918.96 from surplus funds. RESOLUTION #159 AUTHORIZE SALARY INCREASE - PETER ALTERI - WATER AND SEWER DEPUTY salary increase Peter Alteri Motion by Councilman Rocco Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED WHEREAS, per resolution #150 for 1989, Peter Alteri Jr. was appointed Deputy Water Superintendent for the Town of Cortlandville, and WHEREAS, Mr. Alteri has taken the required exam and passed it, therefore BE IT RESOLVED, that a salary increase shall be granted to Peter Alteri Jr. in the amount of $2,000.00 effective with payroll #14 of 1989. RESOLUTION #160 AUTHORIZE TRANSFER OF FUNDS FROM SURPLUS TO G8120.1 Transfer of funds Motion by Councilman O'Donnell Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED BE IT RESOLVED, that the bookkeeper is hereby authorized to transfer $2,000.00 from surplus funds to G8120.1, to cover the salary increase for Peter Alteri Jr. A motion was made by Councilman Thorpe, seconded by Councilman O'Donnell to adjourn the regular meeting and convene to an Informational Meeting regarding the proposed water project northwest of the City. All voting aye, the motion was carried. 1 fl 1TI Wednesday June 07, 1989 7:45 P.M. INFORMATIONAL MEETING An Informational Meeting of the Town Board of the Town of Cortlandville was held Wednesday June 07, 1989 at the Town Hall, 15 Terrace Road, Cortland, regarding the proposed water improvement to the area northwest of the City of Cortland. Members present: Supervisor Melvin Pierce Councilman Raymond Thorpe Councilman Edwin O'Donnell Councilman Ronal Rocco Councilman Theodore Testa Town Clerk Pauline Parker Also present were Town attorney, Phillip Rumsey; Town Engineer, Hayne Smith; Town Highway Superintendent, Carl Bush; newsreporters, Kevin Conlon from the Cortland Standard and Lily Wilson from the Post Standard; Jim Feuss and Dennis Horner from the County Health Department; Homer Mayor, Mary Alice Bellardini and several Homer Board members; Tim Buhl, representing Renaissance associates; ,Nancy Jarvis of the County Planning Department; and many Town residents. Supervisor Pierce opened the meeting with an explanation of the procedures that have been executed to present, regarding the proposed water improvement area located Northwest of the City of Cortland in the Town of Cortlandville. He apprised that the Town has spent thousands of dollars and 17 months of time to extend Town Water to the Cosmos Hill Road area where many private wells have been contaminated by leaking septic systems and runoff from farmland. A petition was presented by Gordon Mengel of Cosmos Hill Road, signed by 90 people in the area, opposing Resolution #111 of 1989, adopted by the Town Board in order to provide water to the residents of the Cosmos Hill, Hillside Drive, Bell Drive area due to the excessive cost thereof. Instead they propose that the Town of Cortlandville purchase water from the Village of Homer and install sewers in that area. Town Attorney, Phillip Rumsey apprised those present of the intentions of the Town Board and explained the purpose of this meeting. Tim Buhl of Resource Associates in Cortland presented the proposal of Dr. Ambrose, which would cover the same streets as the Cortlandville plan, except for Westmore Lane and Kinney Gulf Road. However, Supervisor Pierce apprised those present that the Cortlandville plan does include Westmore Lane and Kinney Gulf Road, who do have residents with contaminated private wells. The Town Board and Town Engineer, Hayne Smith expressed concern of Dr. Ambrose's proposal because it did not include the necessary information regarding the cost to the Town, only reference to such. Former practice by the Town is that the cost of installing water and sewer lines is the sole responsibility of the contractor. They were advised by Dr. Ambrose that this information would be made available. Wednesday June 07, 1989 Page 2 Many Town residents were outspoken about their opinions regarding the proposed Cortlandville plan and the plan submitted by Dr. Ambrose. Town Engineer, Hayne Smith apprised that all options were considered several months ago, including the factor that Homer had advised that they could not supply the water. It was the decision of this Board to go with the Cortlandville Plan. Such plans have been sent to the State for approval. Since the situation with the Village of Homer has changed, the Board, after much discussion with those present decided to consider all facts and ultimately go with the most econimical and workable plan. ®Respctful y su mitted Pauline H. Parker CMC Town Clerk Town of Cortlandville 1 1