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Home My WebLink About10-03-1984Wednesday, October 3, 1984 7:30 P.M. The regular meeting of the Board -was held at the Town Hall, New York with Supervisor Stanley Members present: Supervisor Councilman Councilman ® Councilman Councilman Town Clerk 1 � J Town of Cortlandville Town 15 Terrace Road, Cortland, Nadolski presiding. Stanley Nadolski Melvin Pierce Ray Thorpe Warren Manning Edwin O'Donnell Pauline Parker Others present were Attorney Phillip Rumsey; Justice, Donald Eaton; Deputy Town Clerk, June Bradshaw; Assessor, David Briggs; Confidential Sec'y., Edna Puzo; Highway Sup't., Carl A. Bush, Jr. and Newsreporter Brian Newman from the Cortland. Standard. Also present were Ken Andrews; Eileen Johnson; Joe Byrne; Anthony Tinelli from Suburban Skyliner Diner; Sean St. John, Econo Lodge Vice President from Charlotte, North Carolina and Warren L. Thompson, Local Manager of Polkville Econo Lodge. The meeting was called to order by Supervisor Nadolski at 7:30 P.M.. Supervisor Nadolski gave the privilege of the floor to Mr. Anthony Tinelli from the Suburban Skyliner Diner. Mr. Tinelli advised he was representing his business and one other,in regards to the Zoning Board of Appeals approval of a mining permit for Suit-Kote Corporation. He stated he never received a notice that a public hearing was being held regarding a mining permit application for Suit-Kote, until it was to late. He voiced his objections to this matter, such as the waiver of the dusk to dawn restrictions established in the permit. He voiced concern that his water supply might be affected. Suit-Kote mining permit Mr. Sean St. John, Vice President of Corporate Operations Econo Lodges of American, also stated his objections to the approval of the mining permit for the same reasons as Mr. Tinelli's. He expressed concern for the customers of Econo Lodge and the community. Mr. Warren L. Thompson, Acting Intern Manager of Cort- land Econo Lodge, also went on record stating his objections to the mining permit for Suit-Kote. He also is very concerned for the Lodge and the community. 266 Wednesday, October 3, 1984 .Page 2 Mr. Tinelli reported he has filed a letter, stating his objections with the Town Clerk within the 30 day time limit of the Zoning Board of Appeals meeting. They have requested that the Zoning Board of Appeals hold another hearing. Eileen Johnson of Conable Ave. was given the privilege of the floor. Conable She asked if the road sign at the intersection of Ave sign Conable Ave. and Rte. # 11 could be replaced or painted. & Drainage The marker there now is all white and the lettering should be black so people could read it. She operates a stand for selling corn in the summer and many customers have complained that they cannot find the street. Ms. Johnson also requested that the potholes on Conable be filled in. Many customers have almost fallen because of them. She also explained, and exl.ibltRd by several pictures, that because the potholes retain water for a long period, they are doing damage 'to her cellar walls, due to the poor drainage. She reviewed statistics with the Town Board of reading3she has taken of water standing in the sluices of the area. The Town Board requested the Highway Sup't. to check out the problems. A discussion followed concerning the permit recently issued to Suit-Kote Corp. by the Cortlandville Zoning Board of Appeals. RESOLUTION # 171 REFER REQUEST FOR ANOTHER PUBLIC HEARING TO CORTLANDVILLE ZONING BOARD OF APPEALS REGARDING SUIT-KOTE SPECIAL PERMIT Request Motion by Councilman Manning ZBA to Seconded by Councilman Pierce have VOTES: ALL AYE ADOPTED another hearing WHEREAS on September 24, 1984 the Cortlandville Zoning Board Suit -Mote of Appeals approved a special permit to Suit-Kote Corporation mining for mining operations on their property located in the permit Polkville area in the Town of Cortlandville, and WHEREAS representatives from Suburban Skyliner Diner and Econo Lodge were present at this Board meeting to oppose the conditions granted by the special permit, and WHEREAS a letter has been filed with the Town Clerk of the Town of Cortlandville explaining their coneprns,-8± d WHEREAS the Town Board of the Town of Cortlandville has listened to the representatives concerns, therefore 1 Ll 1 • Wednesday, October 3, 1984 Page 3 BE IT RESOLVED that the Town Board of the Town of Cortland- ville hereby requests the Zoning Board to consider holding another public hearing to allow Mr..Tinelli and others time to express their objections, and BE IT FURTHER RESOLVED that the'Town Clerk shall forward to all Zoning Board of Appeals members this resolution and the letter received from Anthony Tinelli. Councilman Pierce made a motion, seconded by Council- man Thorpe to receive and file the minutes of September 5, approve 1984; September 17, 1984 and September 24, 1984, as written.minutes All voting aye, the motion was carried. Councilman Manning made a motion, seconded by Council- Planning man O'Donnell to receive and file the Cortlandville Bd minutes Planning Board minutes of August 28, 1984 and September 25, 1984, as received. All voting aye, the motion was carried. RESOLUTION # 172 AUTHORIZE PAYMENT OF VOUCHERS Motion by Councilman Thorpe Seconded by Councilman Pierce VOTES: ALL AYE ADOPTED BE IT RESOLVED that the vouchers submitted have been audited and shall be paid as follows: General Fund Vouchers # 373 - 414 $ 9472.08 Highway # 151 - 164 4422.89 Water Fund ## 135 - 148 2388.82 Sewer Fund # 63 - 69 895.20 'Ken Andrews, recreation chairman, gave each Town Board member copies of the Recreation Annual Report for 1984. Councilman O'Donnell made a motion, seconded by Council- man Manning to table the dicussion on the report until next meeting so the Town Board members have time to review the report. All voting aye, the motion was carried. Councilman Pierce made a motion, seconded by Council- man Manning to receive and file a letter from the NYS Division of Equalization and Assessment to Assessor David Briggs, congratulating him for successfully completing the Board of Assessment Review Seminar. All voting aye, the motion was carried. The certificate is on file. payment of vouchers 1984 annual recreation report Assessor certificatE 2,16S Wednesday, October 3, 1984 Page 4 Councilman Manning made a motion, seconded by Council- man O'Donnell to receive and file a letter from the NYS Assessing Division of Equalization and Assessment stating they Ang received the resolution from the Town Board requesting that Unit Cortlandville will no longer'be an Approved Assessing Unit. The request was approved. All voting aye, the motion was carried. Councilman O'Donnell made a motion, seconded by easement Councilman Pierce to receive and file the temporary ease - James Belknap ment from James L. Belknap granting excavating of a drainage ditch across his property on Wedge Road, located in the Town of Cortlandville. -All voting aye, the motion was carried. EDA Grant A letter was received from U.S. Department of Commerce regarding approval of the EDA Grant in an amount not to exceed $ 127,500 for construction of water systems and improvements. Councilman O'Donnell made a motion, seconded by Councilman Thorpe to receive and file the letter. All voting aye, the motion was carried. A letter received from Attorney Ed Purser advised wine license that John J. Stevens, d/b/a Johnny's Drive -In located at �rh e-in 206 West Road, Town of Cortlandville has applied for a restaurant wine license. Councilman O'Donnell made a motion, seconded by Councilman Manning to receive and file the letter. All voting aye, the motion was carried. Councilman Manning made a motion, seconded by Councilman Thorpe to receive and file a letter from N.Y.S. County DOT thankingSupervisor Nadolski for Rt #l;; Su p providing a copy of corridor the Cortland County Planning Board's Resolution # 84-32 pertaining to the proposed Rt. 13 corridor in Cortland County. All voting aye, the motion was carried. Councilman Thorpe made a motion, seconded by Council - EPA - man Pierce to receive and file a letter from the US EPA • Wastewater acknowledge. receipt of the Town of Cortlandville Waste - Discharge water Discharge Law adopted on September 5, 1984. All Law voting aye, the motion was carried. Attorney Rumsey reported that he is getting the law into the final form for the Town Clerk to sign. Councilman Pierce made a'motion, seconded by Councilman funding of to receive and file a letter from Senator unemployment Moynihan regarding funding of the NYS Unemployment Insurance program. All voting aye, the motion was carried. Wednesday, October 3, 1984 Page 5 D • n • 1 Assessor, David Briggs, explained the new state Veterans' Real Property Tax Exemptions to the Town Board members. He stated presently there are approximately 230 veterans exemptions in the town. This exemption would not apply to school taxes. He advised that once the Town opts in they cannot opt out, but if the Town opts out now, later they can opt in. Mr. Briggs opinion was to opt out at this time. Councilman Manning made a motion, seconded by Council- man Pierce to opt out of the Veterans' Real Property Tax Exemptions. All voting aye, the motion was carried. RESOLUTION # 173 SET DATE FOR PUBLIC HEARING -VETERANS' REAL PROPERTY TAX EXEMPTION Motion by Councilman Manning Seconded by Councilman Pierce VOTES: ALL AYE ADOPTED WHEREAS New York State Division of Equalization and Assessment has proposed several options in regards to applying veterans exemptions to municipalities, and WHEREAS such action would require a Local Law, therefore BE IT RESOLVED that a public hearing shall be held on November 7, 1984 at 7:30 P.M. at the Town Hall to allow citizens input regarding the veterans exemption. Councilman O'Donnell made a motion, seconded by Councilman Pierce to receive and file the SEQR Negative Declaration;,Public Hearing and Zoning Board of Appeals minutes of September 24, 1984; notice of determination and letters from Mayo Snyder and Anthony Tinelli regarding Suit-Kote Mining and Quarry Operation. All voting aye, the motion was carried. rCouncilman Manning made a motion, seconded by Council- man O'Donnell to receive and file correspondence from the Assembly of State of NY concerning the upcoming hearing on the N.Y.S. Superfund and the Port Authority of N.Y. and N.J.. All voting aye, the motion was carried. Veterans Exemptions file papers ZBA Suit- Kote permit Supervisor Nadolski reported that a meeting was held with Atlantic Inland to discuss inspections of wood and inspectior coal burning stoves, which takes affect January 1, 1985. The wood and new ruling not only affects new installations but also an coal syove inspection of the chimney will be necessary after any fire. This would require someone to be available 24 hours a day. Banks are now requiring an inspection before monies are approved for a mortgage. 7 0 Wednesday, October 3, 1984 Page 6 It was decided that all applications shall be originated by the Town Clerk and she will collect the fees. Our zoning officer would make the inspections on new construction and Atlantic Inland would inspect everything else. Councilman O'Donnell made motion, seconded by Councilman Pierce that the Attorney and the Supervisor review the matter further. All voting aye, the motion was carried. • RESOLUTION # 174 AUTHORIZE TRANSFER OF FUNDS-BLDG CONTRACTUAL Motion by Councilman Manning Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED that the Supervisor is hereby authorized transfer and directed to transfer $ 29.99 from A1620.4 Bldg contract - of funds ual to A1620.2 Bldg. equipment, to cover the purchase of a step ladder for the vault. RESOLUTION # 175 AUTHORIZE TRANSFER OF FUNDS -TAX REFUNDS Motion by Councilman O'Donnell Seconded by Councilman Pierce VOTES: ALL AYE ADOPTED transfer BE IT RESOLVED that the Supervisor is hereby authorized of funds and directed to transfer $ 2,923.64 from A1990.4 contingent fund to A1996.4 misc., to cover the tax refunds made from February 1984 to June 1984. RESOLUTION # 176 AUTHORIZE TRANSFER OF FUNDS . Motion by Councilman O'Donnell Seconded by Councilman Thorpe VOTES: ALL AYE ADOPTED BE IT RESOLVED that the Supervisor is hereby authorized transfer and directed to transfer $ 564 -54- from A1990.4- contingent of funds fund to A1996.4 misc. for the • payment of the ARC pre. application. RESOLUTION # 177 AUTHORIZE TRANSFER OF FUNDS Motion by Councilman Thorpe, Seconded by Councilman Pierce VOTES: ALL AYEADOPTED BE IT RESOLVED that the Supervisor is hereby authorized transfer and directed to transfer $ 25,660.26 from H9901.9, surplus of funds McLean Trunk Sewer, to A5031, interfund transfer. Wednesday, October 3, 1984- Page 7 ITi RESOLUTION # 178 AUTHORIZE DAVID BRIGGS TO ATTEND TWO SCHOOLS Motion by Councilman Manning Seconded by Councilman Thorpe VOTES: ALL AYE ADOPTED BE IT RESOLVED that Assessor, David Briggs, is hereby Assessor authorized to attend a school in Syracuse, N.Y. on October schools ® 5 and 6, 1984, and BE IT FURTHER RESOLVED that Assessor, David Briggs, is also hereby authorized to attend the Industrial Appraising Course in Albany, N.Y. on October 15 - 19th, 1984, and fl • Cl RESOLVED that the first school will be at no cost to the town and the second course will be partically reimbursed by N.Y.S . Division of Equalization and Assessment and the balance by the Town of Cortlandville. RESOLUTION # 179 AUTHORIZE PURCHASE OF TOSHIBA BD-5511 COPIER Motion by Councilman Thorpe Seconded by Gounc.iman Manning VOTES: ALL AYE ADOPTED BE IT RESOLVED that the Supervisor is hereby authorized purchase new and directed to purchase the Toshiba BD=5511 copier at a copier total cost of $ 2995•00, to be paid from the contingency account. RESOLUTION # 180 SET FEE FOR THE 14ASTEWATER DISCHARGE LAW BOOKLET Motion by Councilman Manning Seconded by Councilman Thorpe VOTES: ALL AYE ADOPTED BE IT RESOLVED that the Town Board hereby adopts a fee of $ 5.00 for each Wastewater Discharge Law Booklet. Town Clerk, Pauline Parker presented the 1985 Tentative Budget to the Town Board members. RESOLUTION # 181 AUTHORIZE TOWN CLERK TO PREPARE COPIES OF 1985 PRELIMINARY BUDGET Motion by Councilman O'Donnell Seconded by Councilman Thorpe VOTES: ALL AYE ADOPTED set fee for Sewer Ordinance %7 Wednesday, October 3, 1984- Page 8 BE IT RESOLVED that the Town Clerk is hereby authorized copies of and directed to prepare, for distribution, 20 copies of 1985 the 1985 Preliminary Budget after its adoption on Novem- budget ber 7, .1984-, and shall be --available to the public upon request. RESOLUTION # 182 SET DATE FOR PUBLIC HEARING -FEDERAL REVENUE SHARING t Motion�by Councilman Pierce Seconded by Councilman Thorpe VOTES: ALL AYE ADOPTED Public BE IT RESOLVED that a public hearing shall be held on Hearing November 7, 1984 at 7:4.5 P.M. regarding the Federal Revenue FRS Sharing Law. RESOLUTION # 183 SET DATE FOR PUBLIC HEARING OF 1985 TOWN OF CORTLANDVILLE PRELIMINARY BUDGET Motion by Councilman Thorpe Seconded -by Councilman Pierce VOTES: ALL AYE ADOPTED 1985 BE IT RESOLVED that a Public Hearing shall be held on November 7, 1984 at the Town Hall, at 8:00 P.M., to Budget review the 1985 Town of Cortlandville Preliminary Budget. Hearing . RESOLUTION # 184, SET DATE TO ADOPT 1985 BUDGET Motion by Councilman Manning Seconded by Councilman Thorpe VOTES: ALL AYE ADOPTED 1985 BE IT RESOLVED that the Cortlandville Town Board shall adopt budget, the 1985 Preliminary budget as the adopted budget for 1985 at their special meeting on November 19, 1984 at 4:3o P.M., at the Town Hall. RESOLUTION # 185 REQUEST COUNTY LEGISLATURE TO APPLY SURPLUS SALES AND USE TAX TO REDUCE THE COUNTY LEVY Motion by Councilman Manning Seconded by Councilman Thorpe VOTES: ALL AYE ADOPTED County BE IT RESOLVED that the Town Board does hereby authorize sales tax and request the Cortland County Legislature to apply surplus sales and use tax to reduce the county levy. 1 • 1 do 1 2"1 3 Wednesday, October 3, 1984 :Page 9 1 C: 1 1 Councilman O'Donnell made a motion, seconded by Councilman Thorpe, to receive and file the Town and County Topics issue relating to use of sales tax. All voting aye, the motion was carried. Supervisor Nadolski apprised the.Town Board that there vacancy is a vacancy at the ..present time on the Cortland County. County EMC Environmental Management Council. No action was taken., A letter received from Donald Eaton, stating he would retirement like to retire under the early retirement incentive program. program Supervisor Nadolski stated he has written to the state, but has not received any information yet. Councilman O'Donnell made a motion, seconded by Councilman Manning to receive and file the letter from Donald Eaton. All voting aye, the motion was carried. A letter was received from the Cortland County Economic Development Committee reviewing all their accomplishments. They would like the Town Board to contrib- County ute $ 15, 384.00 to keep the program going. It was the nufn fuding consensus of the Town Board that Mr. Teichman come to the next meeting on October 15, 1984 and personally explain what is being done. RESOLUTION # 186 REQUEST RICHARD TEICHMAN TO ATTEND OCTOBER 15, 1984 MEETING Motion by Councilman Thorpe Seconded by Councilman Manning VOTES: ALL AYE ADOPTED BE IT RESOLVED that Mr. Richard Teichman is hereby requested to attend the special meeting of the Cortlandville Town Board on October 15, 1984 at 4:30 P.M. to discuss future plans of the Cortland County Economic Development Committee. Councilman O'Donnell to re executive sessi aye, the motion Pierce made a motion, seconded by Councilman ess the regular meeting and convene to n in the matter of litigation. All voting was carried. The following information was received from the Super- visor's office. Councilman O'Donnell made a motion, seconded by Councilman Pierce to adjourn the executive session and recon- vene the regular meeting. All voting aye, the motion was carried. Wednesday, October 3, 1984 Page 10 let bids bulldozer RESOLUTION # 187 AUTHORIZATION TO SOLICIT BIDS FOR NEW BULLDOZER Motion by Councilman Manning Seconded by Councilman Pierce VOTES: ALL AYE ADOPTED BE IT RESOLVED that•the Highway S'up't. is -hereby authorized to go out for bid on a new.bulldozer, and • RESOLVED that he is hereby authorized to trade in the old bulldozer. Councilman O'Donnell made a motion, seconded.by Councilman Manning, to adjourn the regular meeting. All voting aye, the motion was carried. The meeting adjourned at 9:25 P.M. Respectfully submitted, Pauline H. Parker, Town Clerk • 1