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HomeMy WebLinkAbout02-04-198719 Wednesday, February 4, 1987 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, with Supervisor Pierce presiding. Members present: Supervisor Melvin Pierce Councilman Raymond Thorpe Councilman Edwin O'Donnell Councilman Ronal Rocco Town Clerk Pauline Parker absent: Councilman Warren Manning Others present were Attorney, Phillip Rumsey; Deputy Town Clerk, Beth O'Gorman; Zoning and Code Enforcement Officer, Bruce Weber; Highway Superintendent, Carl Bush; Cortland Standard News Reporter, Kevin Conlin, and WKRT News Reporter, Barbara Leombruno; town residents Mr. & Mrs. Hans Mueller, Mr. & Mrs. Ralph Maricle, Mrs. Charles Wickwire, Dr. Carleton Potter, Attorney Emerson Avery, Earl Wilde, Pat Casey, Seymour Parker and William O'Gorman. The meeting was called to order by Supervisor Pierce at 7:30 p.m. He requested that all those in attendance rise and pledge allegiance to the flag. A mo t i on was made by Counc i 1 man Thorpe, seconded by Approve .C,�ville Councilman O'Donnell, to approve as written the T. Board Min. Cortlandville Town Board minutes of January 7, 1987, and Jan. 7, 1987 January 21, 1987. All voting aye, the motion was Jan. 21, 1987 carried. RESOLUTION #36 AUTHORIZE PAYMENT OF VOUCHERS - FEB. Payment of Vouchers - Feb. Motion by Councilman Thorpe Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED BE IT RESOLVED, that the vouchers submitted have been audited and shall be paid as follows: General Fund Vouchers #31 - 48 $52,423.77 Highway Fund 17 - 33 14,463.19 Water Fund 7 - 13 3,013.70 Sewer Fund 6 - 9 126,925.29 y Supervisor Pierce offered those in attendance the privilege of the floor. No comments or questions were made. RESOLUTION #37 AUTHORIZE IMPROVEMENTS TO FURNACE Eating Room & ROOM - HISTORIANS OFFICE AND EMPLOYEE Hist. Office EATING ROOM Motion by Councilman Thorpe Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED 1j Wednesday, February 4, 1987 Page 2 „I WHEREAS, a request has been submitted that consideration be given for the work space and storage needs of the. Town Historian, and WHEREAS, employees of the town that carry their- lunch and do not leave Town Hall during lunch time have requested a location out of public view in which to take their lunch break, and WHEREAS, due to the improvements made to Town Hall as a result of the renovation and addition, the "old furnace room" will no longer contain a furnace, or serve as a storage area, therefore BE IT RESOLVED, that the Supervisor is hereby authorized and directed to make such minor improvements as required -to utilize the "old furnace room" as a lunch break area, and further RESOLVED, that an area will be petitioned off outside the "old furnace room" to provide office space for the Town Historian. Rec. & File A motion was made by Councilman O'Donnell, seconded T. Clerks by Councilman Rocco, to receive and file the Town Clerks Annual Report Annual Report for the year 1986. All voting aye, the motion as carried. Rec. & File A motion was made by Councilman Thorpe, seconded by Justice Dept. Councilman Rocco, to receive and file the Justice Annual Report Department Annual Report for 1986. All voting aye, the motion was carried. Audit Hwy. & Councilman O'Donnell stated that he has audited the W. & S. Books books of the Highway Department and -the Water and Sewer for 1986 Department for the year 1986. He reported that all was in order. The reports of the various departments are on the table for review, and are available for inspection, on request, in the Town Clerks office. Rec. & File A motion was made by Councilman Thorpe, seconded by letter to Councilman O'Donnell, -to receive and file a copy of the State DEC letter written by Cortland County Director of Public water-TCE Health, James Feuss, to Mr. Kevin Farrar at the Bureau of Eastern Remediation Action, N.Y.S. Dept. of Environmental Conservation. All voting aye, the motion was carried. The letter described the current TCE contamination f situation and resulting action taken by the Town of Cortlandville and the City of Cortland. A timetable for action by the state concerning this matter was requested. A motion was made by Councilman Thorpe, seconded by Councilman O'Donnell, to receive and file the letter from A.C. Gunio, of New York State Electric and Gas. All voting aye, the motion was carried. The letter accompanied an emergency number call list for reference at the Town Hall. "I C Wednesday, February 4, 1.987 Page 0 A motion was made by Councilman Thorpe, seconded by Councilman O'Donnell, to receive and file the letter from Judith Hayes, Developmental Disabilities Program Specialist, with Sequin Community Services. All voting aye, the motion was carried. The letter advised that the Cosmos Hill site proposed for a developmentally disabled adults community residence was found economically unfeasible due to the cost of necessary modifications on the private water and sewer system, currently in operation, to meet the needs of an immediate care facility. Further development of this site will not occur, and the agency will be seeking potential alternate sites for development. Councilman Rocco commented that the cooperation and interaction of Cosmos Hill residents with Sequin representatives and the Town Board has been extremely valuable in bringing the water and sewer limitations of this site to the attention of state and local. government. As a result, the state will not be investing in this site, -resulting in a saving of tax dollars. Rec. & File J . Hayes lette: Cosmos Hill A motion was made by Councilman Thorpe, seconded by Rec. & File Councilman O'Donnell, to receive and file the letter S. Jordan from Steven Jordan. All voting aye, the motion was Hoxie Gorge carried. The letter was written in reference to the drainage problems of Hoxie Gorge and the resulting flooding that caused extensive damage to private property. Recent heavy snow fall has increased this concern for -Future flooding. Supervisor Pierce advised those present that the Town Boards only influence on the Highway Department is approval of their budget. As an elected official, the Highway Superintendent determines how the money will be spent and what work will be done during his term. A copy of the letter has been given to the Highway Superintendent. A motion was made by Councilman Thorpe, seconded by Rec. & File Councilman O'Donnell, to receive and file the Water D.E.C. Water Supply Permit No. 71-86-0297 issued by the New York Permit State Department of Environmental Conservation, Pheasant Run application No. 7794. All voting aye, the motion was carried. This permit was required for extension of the Cortlandville Water District to approximately twenty homes in the Pheasant Run area. A motion was made by Councilman O'Donnell, seconded Rec. & File by Councilman Thorpe, to receive and -file the letter Sheriff Price from Lieutenant Lee A. Price, Cortland County Sheriffs Lime Hollow Rd. Department. All voting aye, the motion was carried. The letter was in reference to the speed limits and average speeds of vehicles traveling on Lime Hollow and Sears Road. RESOLUTION fi*OB AUTHORIZE RENEWAL OF' C . & H . TRAILER Renew C. & H. PARK PERMIT Trlr. Pk. Permi- Motion by Councilman O'Donnell Seconded by Councilman Thorpe VOTES: ALL AYE ADOPTED " 2Aw Wednesday, February 4, 1987 Page 4 WHEREAS, Robert Bean, has submitted a completed application, and the proper fees for renewal of the C. & H. Trailer Park permit, and WHEREAS, the Cortland County Health Board conducted an inspection of the park, and issued an approved permit, therefore BE IT RESOLVED, that the Town Clerk is hereby authorized and directed to issue a trailer park renewal. permit good for one year to Robert Bean, for the C. & H. Trailer Park. Deny Renewal RESOLUTION #39 AUTHORIZATION TO DENY RENEWAL OF Penguin Trlr. TRAILER PARK PERMIT - PENGUIN-STARR Pk. Permit TRAILER PARK - ROBERT BEAN Motion by Councilman Thorpe Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED WHEREAS, Robert Bean, has submitted a completed application, and the proper fees for renewal of the Penguin -Starr Trailer Park Permit, and WHEREAS, the Cortland County Health Board conducted an inspection of the park on December 23, 1986, which indicated violation of Part 17 of the New York State Sanitary Code, and WHEREAS, Mr. Bean has been given until March 2, 1987 to correct these violations at which time a reinspection is scheduled, and Whereas, Zoning and Code Enforcement Officer, Bruce Weber, has stipulated that the mobile homes be numbered consecutively and theses numbers posted conspicuously on each unit, and further stipulated that a Building Permit Application be filed each time a new trailer is brought in, therefore BE IT RESOLVED, that authorization for renewal of the Penguin -Starr Trailer Park Permit, owned by Robert Bean, is hereby denied, until such time as the park is in compliance with the requirements of the Cortland County Health Board, and Zoning and Code Enforcement Officer, Bruce Weber. Rec. & File A motion was made by Councilman O'Donnell, seconded B. Weber letter by Councilman Rocco, to receive and file the letter from Penguin Trlr. PkZoning and Code Enforcement Officer, Bruce Weber, to the Town Board. All voting aye, the motion was carried. Mr. Webers' letter was in regard to renewal of the Penguin -Starr- Trailer Parker permit renewal, and accompanied the Cortland County Health Departments inspection report conducted December 23, 1986. Local Law No. 1 RESOLUTION #40 ADOPT LOCAL LAW NO. 1 FOR 1987 - Zoning Change ZONING CHANGE REQUEST - NEAL STEARNS Neal Stearns Motion by Councilman Thorpe Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED 1213 Wednesday, February 4, 1987 Page 5 WHEREAS, a request was received by Zoning and Code Enforcement Officer, Bruce Weber, from Neal Stearns, for a zoning change, and WHEREAS, this request was forwarded to the Cortland County Planning Board, and approved per Resolution No. 69 of 1986, adopted December 17, 1986, and WHEREAS, this request was forwarded to the Cortlandville Planning Board, and approved per Resolution No. 94 of 1986, adopted December 30, 1986, and WHEREAS, a Public Hearing was held on January 21, 1987, at the Town Hall, pursuant to Town Law, Section 264, providing for said zoning change, therefore BE IT RESOLVED, that Local Law No. 1 for 1987 is hereby passed and enacted in the following form: PROVIDING FOR A ZONE CHANGE OF A PARCEL OF LAND ON THE ZONING MAP ADOPTED BY LOCAL LAW NO. 1 FOR THE YEAR 1986 Be it enacted by the Town Board of the Town of Cortlandville as follows: SECTION 1. The Zoning Map of the Town of Cortlandville heretofore adopted by Local Law No. 1 for the Year 1986 is hereby amended by changing the parcel of land known as Cortlandville Tax Map Parcel No. 77.00- 03-08.000 (Neal R. Stearns) from "Residential R-1" to "Business" zone designation. Said zone change shall be entered upon said zoning map. SECTION 2. This Local Law shall take effect in accordance with the provisions of the Municipal Home Rule Law. RESOLUTION # 41- ADOPT LOCAL LAW NO. 2 FOR 1987 - Local Law 0:72 ZONING CHANGE REQUEST - ROGER BECK Zoning Change Roger Beck Motion by Councilman O'Donnell Seconded by Councilman Thorpe VOTES: ALL AYE ADOPTED WHEREAS, a request was received by Zoning and Code Enforcement Officer, Bruce Weber, from Roger Beck, for a zoning change, and WHEREAS, this request was forwarded to the Cortland County Planning Board, per Resolution No. 70 of 1986, adopted December 17, 1986, and WHEREAS, this request was forwarded to the Cortlandville Planning Board, and approved per Resolution No. 93 of 1986, adopted December 30, 1986, and WHEREAS, a Public Hearing was held on January 21, 1987, at the Town Hall, pursuant to Town Law, Section 264, providing for said zoning change, therefore BE IT RESOLVED, that Local Law No. 2 for 1987 is hereby passed and enacted in the following form: PROVIDING FOR A ZONE CHANGE OF A PARCEL OF LAND ON THE ZONING MAP ADOPTED BY LOCAL LAW NO. 1 FOR THE YEAR 1986 Wednesday, February 49 1987 Page 6 Be it enacted by the Town Board of the Town of Cortlandville as follows: SECTION 1. The Zoning Map of the Town of Cortlandville heretofore adopted by Local Law No. 1 for the Year 1986 is hereby amended by changing a portion of the parcel of land known as Cortlandville Tax Map Parcel No. 77.00-03-03.000 ( Roger Beck ) from "Residential R- ill to "Business" zone designation. The portion of said parcel so changed is described as follows: BEGINNING at a point in the north boundary line of the Town of Cortlandville where said line is intersected by the easterly boundary line of Cortlandville tax parcel 77.00-03-03.000; running thence west along said Cortlandville Town Line a distance of 240+/- feet to a point; running thence southerly a distance of 400 +/- feet to a point in the right of way of N.Y.S. Route 13; running thence northeasterly along said right of way a distance of 260+/- feet to a point where said right of way is intersected by the easterly boundary line of said tax parcel; running thence northwesterly along the easterly line of said tax parcel a distance of 240+/- feet to the point of beginning. Said zone change shall be entered upon said zoning map. SECTION 2. This Local Law shall take effect in accordance with the provisions of the Municipal Home Rule Law. Rec. & File A motion was made by Councilman Thorpe, seconded by Petition Councilman Rocco, to receive and file -the petition of Lime Hollow Rd. town residents from the area of Lime Hollow Road for a Spped Reduction speed limit reduction. All voting aye, the motion was carried. A discussion was held among those present regarding the school bus safety of area children and residents. Three requests have been made under previous administrations to reduce the speed limit on this road. Attorney Rumsey advised those present that newly elected Senator Jim Seward is currently co -sponsoring legislation which would permit the town to set the limits on town roads within state guidelines. Reduce speed RESOLUTION # 42 NOTIFY CORTLAND COUNTY HIGHWAY request - DEPARTMENT OF REDUCED SPEED REQUEST Lime Hollow Rd. LIME HOLLOW ROAD Motion by Councilman Thorpe Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED WHEREAS, a petition request was received from numerous town residents of the Lime Hollow Road area on February 4, 19B7, that the Board consider a reduction in speed on the Lime Hollow Road, and WHEREAS, the Town Board is aware and sympathetic to the concerns of area residents in regard to the public hazard caused, therefore 1 I r- Aw J Wednesday, February 4, 1987 Page 7 BE IT RESOLVED, that the Town Clerk is hereby authorized and directed to forward the request to the Cortland County Highway Superintendent, pursuant to Section 1620 (A) of the Vehicle and Traffic Law, to establish a lower maximum speed at which vehicles may proceed on Lime Hollow Road. RESOLUTION #j43 ACCEPT RESIGNATION OF KENNETH J. Ken Andrews ANDREWS - CORTLANDV I LLE RECREATION Resignation COMMITTEE AND CORTLAND COUNTY YOUTH Recreation Dept. BUREAU Motion by Councilman Thorpe Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED WHEREAS, Kenneth J. Andrews has served the youth of Cortlandville since 1976, first as a coach, then as Chairman of the first Cortlandville Recreation Committee, as a member of the Citizens Park Committee, and as Cortlandville's representative on the Cortland County Youth Board, and WHEREAS, the term of office of Ken Andrews, Chairman of the Cortlandville Recreation Committee, shall expire on December 31, of 1987, and WHEREAS, the term of office of Ken Andrews as the Town of Cortlandville representative to the Cortland County Youth Bureaus Planning Committee shall expire on December 31, of 1988, and WHEREAS, Ken Andrews dedication in serving the youth of the Town has greatly contributed to the achievements and success of the Cortlandville Recreation Program and the existence of the Cortlandville Citizens park and facilities, therefore BE IT RESOLVED, that the resignation of Kenneth J. Andrews from the Cortlandville Recreation Committee, and the Cortland County Youth Bureau, for personal reasons, is hereby accepted with.sincere regret and sadness, and shall be effective March 1, 1987. RESOLUTION #44 AUTHORIZATION TO ADVERTISE SALE OF Auth. Sale of SURPLUS HIGHWAY EQUIPMENT Surplus Hwy. Equip Motion by Councilman Thorpe Seconded by Councilman Rocco VOTES: ALL AYE_ ADOPTED BE IT RESOLVED, that the Highway Superintendent, Carl Bush, is hereby authorized to advertise by legal notice, the acceptance of sealed bids for a 1969 Brockway 10- wheel chassis, s/n 70607, as is, and a 1974 Brockway 10- wheel chassis, with dump body, s/n 82876, as is, to be opened on February 18, 1987, at 12:00 o'clock noon, and award the bids the same day,at 5.00 o'clock p.m. RESOLUTION # 45 AUTHORIZE SUPERVISOR TO SELL SURPLUS TOWN HALL EQUIPMENT/BUILDING SUPPLIES Motion by Councilman Thorpe Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED Auth. Sale of surplus equip. bldg. supplies Wednesday, February 4, 1987 Page 8 WHEREAS, due to the renovation and addition construction, equipment and windows in the original Town Hall have been replaced for greater energy efficiency and to better meet the needs of the Town, and WHEREAS, those items replaced have salvage or used equipment value, therefore BE IT RESOLVED, that Supervisor, Melvin Pierce, is hereby authorized to advertise in due time the sale of windows salvaged from the original Town Hall building, and used equipment to include two furnaces, four air - conditioners, a hot water heater, and miscellaneous items, and RESOLVED, that the funds received from the sale of these items shall be reinvested in the Town Hall. Ext. Tax Coll. RESOLUTION #46 AUTHORIZE EXTENSION OF TAX COLLECTION Motion by Councilman O'Donnell Seconded by Councilman Thorpe VOTES: ALL AYE ADOPTED BE IT RESOLVED, that the Supervisor is hereby authorized and directed to sign, and forward, the request for extension of tax collection until June 1, 1987, to the Cortland County Treasurer in compliance with Section 938 of the Real Estate Property Tax Law. B. Weber RESOLUTION #47 AUTHORIZE BRUCE WEBER TO ATTEND - attend conference BUILDING OFFICIALS EDUCATIONAL CONFERENCE - APRIL 27-29. 1987 Motion by Councilman Thorpe Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED BE IT RESOLVED, that Zoning and Code Enforcement Officer, Bruce Weber, is authorized to attend the Twelfth Annual Building Officials Conference, April 27- 29, 1987, in Rochester, New York, and RESOLVED, that the expenses of same shall be reimbursed subject to audit by the Town Board. D. Thomas RESOLUTION #48 AUTHORIZE DAV I D THOMAS TO ATTEND - attend course OPERATOR CERTIFICATION COURSE - MARCH 30 - APRIL 3, 1987 Motion by Councilman O'Donnell Seconded by Councilman Thorpe VOTES: ALL AYE ADOPTED BE IT RESOLVED, that Assistant to the Water and Sewer Superintendent, David Thomas, is hereby authorized to attend the Water Operator Certification Course, for his Grade B license, March 30, 1987 through April 3, 1987, to be held at Morrisville College, and RESOLVED, that the expenses of same shall be reimbursed subject to audit by the Town Board. Wednesday, February 4, 1987 Page 9 RESOLUTION #�� AUTHORIZE EDNA PUZO TO ATTENDE. Puzo attend �' MICROCOMPUTER WORD PERFECT COURSE AT Computer class SPRI SEMESTER Motion by Councilman Rocco Seconded by Councilman Thorpe VOTES: ALL AYE ADOPTED BE IT RESOLVED, that Edna Puzo is hereby authorized to attend the Microcomputer Word Perfect Course at Cortland Madision B.O.C.E.S., during the Spring Semester, beginning April 285 1987r and RESOLVED, that the expenses of same shall be reimbursed subject to audit by the Town Board. RESOLUTION #50 DENY ZONING CHANGE REQUEST - CARLETON POTTER - HIGHLAND PARK SUBDIVISION _ Motion by Councilman Rocco Seconded by Councilman Thorpe VOTES: ALL AYE ADOPTED WHEREAS, a request was received by Zoning and Code Enforcement Officer, Bruce Weber, from Carleton W. Potter, for a zoning change of twenty-two lots in the Highland Park Subdivision from "Residential R-1" to "Residential R-2" designation, and WHEREAS, due to the new zoning law, the subdivision lot sizes do not meet the minimum requirements of the Residential R-1 zone designation, but would comply with Residential R-2 lot size requirements, and WHEREAS, this request was submitted to the Cortland County Planning Department and denied per Resolution No. 1 of 1987, and WHEREAS, this request was submitted to the Cortlandville Planning Board and approved on January 27, 1987/ per Resolution No. 6 of 1987, subject to legal covenant to be added to each deed permitting only single family dwellings on each lot, and WHEREAS, the Cortlandville Town Board has reviewed the findings of the County and Town Planning Boards, and WHEREAS, it is the consensus of the Town Board that re- classification of Highland Park to R-2 designation would substantially alter the character of the residential area by permitting multiple family dwellings, and WHEREAS, it has been determined that the intent of the property owner, or inclusion of stipulation in the deed ' specifying single family dwellings could be contested by subsequent owners, and the zoning law contested, and WHEREAS, the lots could be re -divided into slightly larger parcels with could comply with the minimum lot size R-1 zoning requirements, or variances obtained for those which do not comply, therefore BE IT RESOLVED, that the request of Carleton Potter for re -zoning of Highland Park Subdivision to R-2 designation is hereby denied, and RESOLVED, that the R-1 zone designation is hereby upheld. Deny Zone Chg. Request of Carleton Potter Highland Pk. "S n, Wednesday, February 4, 1987 Page 10 E. Wild Earle Wild, owner of the Golden Lunch Restaurant, Golden Lunch requested that the Town Board review his water and sewer W & S bill. service bills. The restaurant water meter broke, and the first quarter service bill for 1987 was estimated based on the first quarter usage in 1986. Mr. Wild stated that he does not feel this is an accurate estimate, as many steps to reduce water consumption have been taken during the past year. Supervisor Pierce advised Mr. Wild that he would obtain more information from the Water and Sewer Billing Clerk, and the Water and Sewer Superintendent, and would meet with him to discuss his findings. Update Supervisor Pierce advised those present that he has W. ext. to been working with Town Engineer, Hayne Smith, Highland Rd. researching the project for extension of water- service to the Highland Road area. There being no further business, a motion was made by Councilman O'Donnell, seconded by Councilman Thorpe, to adjourn the meeting. All voting aye, the motion was carried. The meeting adjourned at 8:50 o'clock p.m. RectfL.al 1 su i tted, Pauline H. Parker Town Clerk Town of Cortlandville C