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Home My WebLink About07-06-1988Wednesday July 6, 1988 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 Councilman Theodore Testa Town Clerk Pauline Parker Others present were Town attorney, Phillip Rumsey; newsreporter, Kevin Conlon; and Town Highway Superintendent, Carl Bush. The meeting was called to order by Supervisor Pierce at 7:30 o'clock p.m. He requested that all those in attendance rise and pledge allegiance to the flag. RESOLUTION #167 AWARD BID FOR ONE ALUMINUM STRUCTURAL PLATE BOX CULVERT -_HIGHWAY DEPARTMENT Motion by Councilman Thorpe . Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED WHEREAS, on June 15, 1988 authorization was granted to advertise by legal notice letting of bids for one aluminum structural plate box culvert for Hoxie Gorge, to be opened on July 5, 1988 at 3:00 p.m., and ` WHEREAS, submitted sealed bids wereopened, read aloud, and given to the Highway Superintendent for review, and WHEREAS, the lowest bid submitted was from Capitol highway Materials, Inc. of Baldwin Place for a total sum of $269250.00, and such bidder has met *all the requirements, therefore BE IT RESOLVED, that the Town Board of the Town of Cortlandville does hereby award the bid for one aluminum plate box culvert to Capitol Highway Materials, Inc. for $26,250.00 to be paid from DB5110.4. A motion was made byCouncilman Testa, seconded by Councilman Thorpe, to approve as written the Cortlandville Town Board minutes of May 185 1988; June 01, 1988; JLne 15, 1988; and the Special Meeting of June 27, 1988. All voting aye, the motion was carried. ` ^ A motion was made by Councilman O'Donnell, seconded by Councilman Testa, to receive and file the Cortlandville Planning Board minutes of June 28, 1988. All voting aye, the motion was carried. 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A motion was made by Councilman Rocco, seconded by Councilman O'Donnell, to receive and file the letter from Senator James L. Seward to Supervisor Pierce. All voting aye, the motion was carried. The letter was apprising the Town of an Act, passed by the Senate and awaiting action by the Assembly. This act amends the mental hygiene lawg in relation to the conversion of a site from use as acommunityresidential facility for the disabled. If the residential facility ceases, local zoning regulations would'apply. A motion was made by Councilman Thorpe, seconded by Councilman O'Donnell, to receive and file the NEWS Bulletin from the United States Environmental Protection Agency. All voting aye, the motion was carried. This bulletin designates Cortland-Homer-Preble Aquifer system as a Sole Source Aquifer under the Safe Drinking -Water Act. RESOLUTION #170 ACCEPT PERMANENT EASEMENT AND RIGHT-OF- WAY FOR CONSTRUCTION OF SANITARY SEWER MAINS - GUTCH SS LUMBER COMPANY INC Motion by Councilman Thorpe Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, that thepermanent easement and right- of-way for construction 'of- sanitary sewer mains with Gutchess Lumber Coz, Incorporated ofCortland, NY, is hereby received and filed. ' A motion was made by Councilman Thorpe, seconded by Councilman O'Donnell, to receive- and file the purchase agreement with Cortland County 'Society for the Prevention of Cruelty to Animals, Inc. for property on McLean Road in the Town of Cortlandville. ' ' A motion was made by Councilman O'Donnell, seconded by Councilman Thorpe, to receive and file a letter from E. Mayo Snyder, Director of Cortland County Planning Department to Supervisor Pierce. All voting aye, the motion was carried^ ' The letter was regarding subdivision activity in Agricultural zoning Districts. ' reu & file letter from J.3ewauzd to Mel amond mental hygiene law reo & file EPA Bulletin Sole source Aquifer Accept Pezzuauezd easement & righ1 of way Gotubeso Limber Wednesday July 6, 198B Page 4 A motion was made by Councilman O'Donnell, seconded y Councilman Thorpe, to receive and file a letter from F~MayoGoydor E. Mayo Snyder, Director of the Cortland County Planning Zoning �a� Department. All voting aye, the motion was carried. The letter was regarding the Town of Cortlandville Zoning Law. The County Planning Board feels that parts of the Law need clarification. RESOLUTION #171 ACKNOWLEDGE RECEIPT FROM STATE - LOCAL receipt from State Local Law No, 1 of 1988 Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE ADOPTED WHEREAS, notice was received from New York Department of State on June 17, 1988 apprising that they had received Local Law No. 1 for 1988, therefore BE IT RESOLVED, that Local Law No. 1 for 1988, providing for an amendment to Local Law No. 1 for 1986, thereby creating an Aquifer protection District in the Town of Cortlandville, became effective June 7, 1988, in accordance with Section 27 of the Municipal Home Rule Law. A motion was made by Councilman O'Donnell, seconded by Councilman Thorpe, to receive and file the Protest of zeo& fileProt"sthe Special Franchise Assessment for the 1988 Tax Roll Sp Franchise from New York Telephone, filed with the NY State Board Assessment NY Tel0f Equalization and Assessment. All voting aye, the motion was carried. RESOLUTION #172 AUTHORIZE TOWN ATTORNEY TO REVIEW SITUATION AT CRESTWOOD COURT AND MEET Authorize Town WITH RESIDENTS Attorney review Motion by Councilman O'Donnell situation at Seconded by Councilman Thorpe Crestwood Court VOTES: ALL AYE ADOPTED WHEREAS, at the May 4, 1988 meeting of the Town Board, Dr. David Berger of Crestwood Court presented a list of problems and proposed solutions for existing problems in the area of Crestwood Court involving True Value Hardware of Cortland, and WHEREAS, per Resolution 130 of 1988, Supervisor Pierce was authorized to meet with owners of True Value Home Center to discuss the problems presented by Crestwood Court Residents and reported his findings at the next meeting on May 18, 1988, and WHEREAS, the Town Board has received and read aloud another letter from Dr. David Berger, requesting a meeting of the residents of Crestwood Court and the Town Attorney, therefore BE IT RESOLVED, that the Town Attorney is hereby authorized and directed to meet with the Town Code Enforcement Officer and determine if there is a true violation existing at the Location in question, and also Wednesday July 6, 1988 Page 5 RESOLVED, that the Town Attorney is hereby directed to meet with the residents of Crestwood Court to report his findings, and also RESOLVED, that said letter from Dr. Berger shall be received and filed. RESOLUTION #173 AUTHORIZE HEAD START PROGRAM TO USE Motion by Councilman Thorpe Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED WHEREAS, a request was received from Head Start Program of Cortland county to use one of the meeting rooms on August 22, 1988 for an all day training for their staff, and WHEREAS, the Town Board agrees that we should use these rooms to their full potential, therefore BE IT RESOLVED, that the Head Start Program of Cortland County is hereby authorized to use the meeting room on August 22, 1988 from 8:00 A.M. - 4:00 P.M., providing they are aware that the room cannot be closed off to the public and/or employees. --- RESOLUTION #174 RECEIVE CLAIM OF DAMAGED BICYCLE TABLED FOR FURTHER REVIEW Motion by Councilman Rocco Seconded by Councilman Testa VOTES: ALL AYE ADOPTED WHEREAS, a claim was received by the Highway Superintendent from a resident on Lamont Circle, involving a child who lost control, while riding a bicycle on the side of the road, and WHEREAS, all medical bills for said accident were paid by the individual's own insurance, and WHEREAS, said resident is requesting reimbursement of repair to the bicycle, therefore BE IT RESOLVED, that this matter shall be tabled until the Town Attorney can review all the facts regarding this request. RESOLUTION #175 AUTHORIZATION TO LOWER SPEED LIMIT ON FAIRVIEW DRIVE AND L.11-:--.Q. ROAD Motion by Councilman Rocco Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED WHEREAS, upon the completion of resurfacing of Fairview and Luker Roads, concern has been expressed of excessive speed, therefore Authorize Head Start to use meeting room receive claim damaged bigycl Authorize to lower speed on Fairview and Luker BE IT RESOLVED, that the Supervisor is hereby authorized and directed to contact the NYS Department of Transportation and request a reduction of the speed limit on Fairview Drive and I,okez Road to 35 MPB, 27S Wednesday July 6, 1988 Page 6 Councilman Rocco stated that the Town Highway commend May Department should be commended for the fine job that Fairview they have done on Fairview Drive. RESOLUTION #176 AUTHORIZE TO REINSTATE DARBY HUMPHRY reinstate Dacty � BmonbzJ -H'way Motion by Councilman O'Donnell Seconded by Councilman Thorpe VOTES: ALL AYE ADOPTED WHEREAS, there exists a vacancy in the Highway Department for an auto mechanic's helper, and WHEREAS, Darby Humphry has expressed a desire to return to his former position of Mechanic's helper, which he was absent from for only a short time, therefore BE IT RESOLVED, that the Highway Superintendent is hereby authorized to reinstate Darby Humphry as auto mechanic's helper for the Highway Department at $7.80 per hour. RESOLUTION #177 SET DATE FOR PUBLIC HEARING - AUGUST 17, 1988 - LOCAL LAW NO. 2 FOR 1988 - ZONE CHANGE - ANGELO CINCOTTA - BLODGETT MILLS - RON HALL, LIGHTHOUSE set date for Mnaeoner) ve-e- Qe--oL-ULT\ow — /-1/ u+ "AR -a Public Hearing Motion by Councilman O'Donnell Ron Hall Zone change Seconded by Councilman Thorpe Kris Larsen- Zone VOTES: ALL AYE ADOPTED change, and A. Cincotta- BE IT RESOLVED, that a Public hearing to provide Zone Change information and discuss the proposed request for a zoning change as submitted by Kris Larsen, shall be held before this Town Board on August 17, 1988 at 5:00 p.m. in the Town Hall, 15 Terrace Road, Cortland, New York, and also RESOLVED, that a Public hearing to provide information and discuss the proposed request for a zoning change as submitted by Angelo Cincotta, shall be held before this Town Board on August 17, 1988 at 5:05 p.m. in the Town Hall, 15 Terrace Road, Cortland, New York, and also RESOLVED, that a Public hearing to provide information and discuss the proposed request for a zoning change as submitted by Ron Hall, shall be held before this Town Board on August 17, 1988 at 5:10 p.m. in the Town Hall, 15 Terrace Road, Cortland, New York. r_� Wednesday July 6, 1988 Page 7 RESOLUTION #178 SET DATE FOR PUBLIC HEARING - AUGUST 17, 1988 - LOCAL LAW NO. 3 FOR 1988 PROVIDING FOR AN AMENDMENT TO LOCAL ?o&- lqk� Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE. ADOPTED BE IT RESOLVED, that a Public Hearing to amend Local Law No. 1 for 1986, thereby specifying the authority for certain public hearings, the right to revoke permits and the increase of fees, will be held before this Town Board on August 17, 1988 at 5:15 p.m. in the Town Hall, 15 Terrace Road, Cortland, New York. A discussion followed regarding the request by William McDermott for the Town to make Town water available to his proposed subdivision on Highland Road. Supervisor Pierce apprised the Board that the Town cannot and will not use the Tax payers dollars to finance water lines for developers in the Town of Cortlandville. It was decided that the Town Board shall meet with Tim Buhl along with the Town Engineer, Hayne Smith to discuss this problem. Public Hearing Local Law NO3 W. McDermott zaguoat for water for BB A discussion followed regarding the Town's need to tie into the J.M. Murray Water line to complete the ' tie into water Town s line at that location. It was decided to do this at this time because the State is repaving Rt 281 and e�J��Uz�ey this could be done simultaneously. A motion was made by Councilman Thorpe, seconded by Councilman Rocco, to recess the regular meeting and convene to an executive session, regarding pending litigation. All voting aye, the motion was carried. The following information was received from the Supervisors office. A motion was made by Councilman Thorpe, seconded by Councilman Testa, to adjourn the executive session and reconvene the Regular Meeting. All voting aye, the motion was carried. Wednesday July 6, 1988 Page 8 RESOLUTION #179 AUTHORI2E LAW FIRM OF RYAN AND RUMSEY AND TOWN CEO TO INSTITUTE LEGAL Authorize Ryan & Motion by CouncilmanTborpe Rnmaoy Legal actions Seconded by Councilman O'Donnell Zoning violations VOTES: ALL AYE ADOPTED BE IT RESOLVED, that authority is hereby given to the law firm of RYAN & RUMSEY, Homer, New York and the Cortlandville Code Enforcement Office to institute in the name of the Town of Cotlandville, legal actions to enjoin any and all violations of the Town of Cortlandville Zoning Law and violations of conditions imposed by variances, special or conditional permits and other permissions granted by the Cortlandville Town Board, Planning Board, or Zoning Board of Appeals. A motion was made by Councilman O'Donnell, seconded by Councilman Testa to adjourn the Regular Meeting. All voting aye, the motion was carried. The meeting was adjourned at 8:40 p.m. ,-D rResapeCJfu.ly ly , nauline H. Parker CMC Town Clerk Town of Cortlandville 11