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
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Wednesday, February 4, 1987 Page 2
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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.
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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
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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
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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
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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.
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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
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