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Home My WebLink About12-03-1980Wednesday, December 3, 1980 7:30 P.M. PUBLIC HEARING FOR WILLIAM DRAKE, SR. - SPECIAL PERMIT EXTENSION OF A NON -CONFORMING USE The Public Hearing was called to order by Supervisor Nadolski at 7:30 P.M. In attendance were: Supervisor Nadolski, Councilmen O'Donnell, Manning and Thorpe. Also Town Clerk, Pauline Parker; Attorney, John Folmer; town employees, news media and several town residents. The Town Clerk read the legal notice as follows: • f; J� /, EGALNOTICE TUN OF CORTLANDVILLE . PLEASE TAKE NOTICE that the Town Board of the Town of Cgrtland- ville wil'I hold a public hearing pur- suant to Section 1404 (7) (d) of*the Zoning Ordinance of the Town of Cort- landville on December 3, 1980 at 7:30 p m. in the afternoon of said day at Town Hall, Terrace Road, Town of Cortlandville, Cortland County, New York on the application of William Drake; Sr., for a special permit to ex- pand a non -conforming use to permit the applicant to erect an addition to his residence at Lime Hollow Road, in the Town of Cortlandville, Cortland County, New York. PAULINE H. PARKER Town Clerk Town of Cortlandville Town Hall Terrace Road Cortland, New York .278-11 Supervisor Nadolski stated that this application has been reviewed and recommended by both the Cortlandville Zoning Board of Appeals and the Cortlandville Planning Board. No opinions were expressed by those in attendance. Councilman Manning made a motion,.seconded by Council- man Thorpe, to close the public hearing. All voting aye, motion was carried. The hearing was closed at 7:35 P•m- • n U C' Wednesday, December 3, 1980 7:35 P.M. Page S The regular meeting of the.Town of Cortlandville Town Board was held at the Town Hall, 15 Terrace Road, Cortland, N.Y. with Supervisor Nadolski presiding. Board members present were Supervisor Nadolski and Councilmen Edwin O'Donnell, Warren Manning and Raymond Thorpe. Others present were Town Clerk, Pauline Parker; Attorney, John Folmer; Engineer, Charles Feiszli; Justice, Donald Eaton; Zoning Officer, Don Fowler; Assessor, Robert Wells and newsreporter, Dick Camerano. Also present were town residents Ken Andrews and Stanley Rainbow. • The meeting was called -to order by Supervisor Nadolski at 7:35 P•m- RESOLUTION # 197 AUTHORIZE ISSUANCE OF A SPECIAL PERMIT TO WILLIAM DRAKE SR. Motion by Councilman Thorp-e Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED WHEREAS recommendations were received from the Cortlandville Zoning Board of Appeals and the Planning Board, and WHEREAS a public hearing was duly held by the Cortlandville Town Board, and WHEREAS no one spoke in opposition to the request, there- fore, BE IT RESOLVED that the Zoning Officer is hereby author- ized and directed to issue a special permit to William Drake, Sr. to expand a non -conforming use to permit the applicant to erect an addition to his residence on the Lime Hollow Road, located in the Town of Cortlandville. Reading of the minutes were dispensed with as all board members had received copies prior to the meeting. Councilman O'Donnell made a motion to approve the November 5, 1980 minutes as written. Councilman Thorpe seconded the motion. All voting aye, motion was carried. Councilman Manning made a motion, seconded by Council- man Thorpe, to approve the minutes of -the special meeting on November 17, 1980, as written. All voting aye, motion was carried. Special Permit - Wm. Drake Si approve minutes Councilman Thorpe made a motion, seconded by Council- Planning man O'Donnell, to receive and file the Planning Board Board minutes of October 27, 1980. All voting aye, motion was minutes carried. Reports of department heads are on the -table. They reports are also on file in the clerk"s office and are available upon request. RESOLUTION # 198 AUTHORIZE PAYMENT OF VOUCHERS Motion by Councilman Thorpe Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED that the vouchers submitted have been payment of audited and shall be paid as follows: vouchers WEDNESDAY, DECEMBER 3, 1980 PAGE 2 General Fund Vouchers # 455-484 $ 10,256.36 Highway # 266-282 2,542.11 Water District # 1 # 145 2,650.78 Water District # 5 # 8 480.00 Sewer District # 1 # 33 65.04 Sewer District # 2 # 21-22 26.45 The public was given privilege of the floor. Supervisor Nadolski read the Governmental Insurance Insurance Disclosure Statement received from the International Disclosure Surplus Lines Insurance Company. Statement Upon motion by Councilman Thorpe, the statement was to be received and filed. All voting aye, motion was carried. Motion was seconded by Councilman O'Donnell. Victor Metcalf's report of the meetings he attended at Ellenville was read. Victor Councilman O'Donnell made a motion, seconded by Metcalf Councilman Thorpe, to receive and file the report. All report voting aye, motion was carried. Zoning Officer, Don Fowler, stated that amendments have been made to the NYS Building Contruction Codes and NYS Energy Conservation Construction Code by the State Legislature. They are forthcoming from the state agencies, automatically, as the public hearings were held last month. Resolution # 425, adopted by the Cortland County Legislature, in regards to requesting the reduction of #281 the speed limit - Route 281 - between City of Cortland speed and the Village of Homer, was read. limit Councilman Thorpe made a motion, seconded by Councilman O'Donnell, to receive and file the resolution. All voting aye, motion was carried. Resolution # 419, adopted by the Cortland County Legislature, in regards to applying a portion ,of the sales sales tax to the tax levied for the Town of Cortlandville, taax!M a was read. �98e Councilman O'Donnell made a motion, seconded by Councilman Thorpe, to receive and file the resolution. All voting aye, motion was carried. The notice of County Equalization Rates for assessment rolls completed in 1980 were/reviewed. equalization Councilman Manning made a motion, seconded by rates Councilman O'Donnell, to receive and file the report. All voting aye, motion was carried. The procedure of establishing the equalization rates for the towns in the county was explained by Assessor, Robert Wells. Assessor, Robert Wells, advised the Town Board of the progress of the up -date -assessment program. Cincinn- atus is also updating their rolls at this time. A request was read from Historian, Alice Blatchley, historian for a room to store historical items received by the request Historical Society. Councilman Thorpe made a motion, seconded by Council- man O'Donnell to receive and file the request. All voting aye, motion was carried. L.J 0 1 Wednesday, December 3, 1980 Page 3 A letter was read from H.A. Mahan & Son, advising of their merger with Buckley -Southland Oil, Inc. Mahan Councilman Thorpe made a motion, seconded by Council- man O'Donnell, to receive and file the letter. All merger voting aye, motion was carried. Supervisor Nadolski apprised the board that $ 7,820.00 was received for our share of the Justice Court Funds Justice for the quarter ending September 30, 1980. Court Councilman Manning made a motion_,, seconded by Council- funds man Thorpe, to receive and file the report. All voting rec'd ® aye, motion was carried. ® Supervisor Nadolski advised that a response was received from the Village of Homer stating that it is Homer permissable for Ricony Inc. to connect to their sewer sewer system. The information for a contract was not included. connection RiconyInc. A letter of appreciation for work accomplished at the recreation field was also sent to Mr. Kenneth Martin of the NYS Dept. of Correctional Services. A completion statement was issued by Engineer colpletion Feiszli in regards to the McLean Road Trunk Line Sewer statement project. RESOLUTION ## 199 AUTHORIZE SUPERVISOR TO SIGN DOCUMENTS NECESSARY FOR BONDING OF McLEAN ROAD TRUNK LINE SEWER Motion by Councilman Manning Seconded by Councilman Thorpe VOTES: ALL AYE ADOPTED BE IT RESOLVED that the supervisor'is hereby authorized and directed to sign the necessary documents bonding to forward the project to Farmers Home Administration McLeanTrunk for bonding. Line Sewer Supervisor Nadolski read a letter received from, Joseph S. Moskiewicz, Jr. of NYS Dept. of Environmental Conservation responding to the concern of the residents Lorings of the Lorings .Crossing area. crossing A discussion followed whereby the Town Board requested the supervisor to forward a copy of the letter to the petitioners. A motion was made by Councilman Thorpe, seconded by ® Councilman O'Donnell to receive and file the letter. All voting aye, motion was carried. RESOLUTION ## 200 DESIGNATE THE TOWN CLERK AS ISSUING AGENT OF HANDICAP PERMITS Motion by Councilman Manning Seconded by Councilman Thorpe VOTES: ALL AYE ADOPTED BE IT RESOLVED that the Town Clerk is hereby authorized and directed to issue Handicapped Parking Permits to the residents of the Town of Cortlandville upon determination Handicap of eligibilty, and Permits 42 Wednesday, December 3, 1980 Page 4 RESOLVED that the Town Clerk shall issue such permits in accordance with the format set by the state. RESOLUTION # 201 AUTHORIZE SUPERVISOR TO NEGOTIATE WITH CITY OF CORTLAND TO SHARE COST OF MAINTAINING AND MONITORING FLOW METERS Motion by Councilman Manning Seconded by Councilman Thorpe VOTES: ALL AYE ADOPTED WHEREAS there are inconsistancies in the sewer flow sewer flow meter readings of SCM, Town of Cortlandville and the meters City of Cortland, and WHEREAS a suggested solution to the problem is to share the cost of maintaining and monitoring the sewer meters, therefore BE IT RESOLVED that the Supervisor is hereby auth- orized and directed to negotiate with the City of Cortland, to include in the sewer contract, a plan for sharing the cost of maintaining and monitoring the sewer flow meters. RESOLUTION # 202 AUTHORIZE TOWN OFFICERS AND EMPLOYEES TO ATTEND MEETINGS IN NEW YORK IN FEBRUARY Motion by Councilman Thorpe Assoc. of Seconded by Councilman O'Donnell Towns VOTES: ALL AYE ADOPTED meetings BE IT RESOLVED that town officers and any employees authorized by their department head, are hereby authorized to attend the Association of Towns meetings to be held in New York City from February 15th thru February 18t1i, 1981 and RESOLVED that any expense incurred by same, be reimbursed, subject to audit by the Town Board. 1 • 0 RESOLUTION # 203 APPOINT SUPERVISOR AS DELEGATE FOR ASSOCIATION OF TOWNS MEETING _ Delegate - Assoc. of Motion by Councilman Manning Towns Seconded by Councilman Thorpe VOTES: ALL AYE ADOPTED BE IT RESOLVED that Supervisor Nadolski is hereby appointed as delegate to represent -the Town of Cortland- • ville at the Association of Towns, 1981 Annual meeting, to be held in NY City.. Upon recommendation of the Engineer..., Supervisor new sewer Nadolski shall forward letters to the Village's of Homer hook-up's and McGraw in regards to formulating a contract for all Homer & sewer connections in their areas. McGraw At the present, each request requires a separate contract. Wednesday, December 3, 1980 Page 5 RESOLUTION # 204 ACCEPT RESIGNATION OF ROBERT BLATCHLEY Motion by Councilman Manning Seconded by Councilman Thorpe resignation VOTES: ALL AYE ADOPTED Robert BE IT RESOLVED that the Town Board hereby accepts the Blatchley resignation of Robert Blatchley from the Cortland County Environmental Council, with regret. RESOLUTION # 205 AUTHORIZE HOUSE TRAILER RENEWAL PERMIT TO HELLER FARMS Motion by Councilman Thorpe Seconded by Councilman O'Donnell ® VOTES: ALL AYE ADOPTED BE IT RESOLVED that the Town Clerk be, and she hereby is authorized to issue a renewal permit to Heller Farms, upon trailer payment of the proper fee, to park a house trailer located Permit: in the Town of Cortlandville, R.D. # 1, Ridge Road, McGraw, Heller N.Y. Farms The State Legislature amended the NYS Dog Law to allow towns to exempt persons age 65 or older, from paying the towns share of dog licensing fees. They still would pay aged the state fees. exemption A discussion followed whereby the town board expressed dog dissatisfaction in the state mandating program upon licenses municipalites, and then passing action such as this. Councilman Thorpe made a motion, seconded by Council- man Manning, to table the matter indefinitly and formulize a protest to the state legislature. All voting aye, motion was carried.. Supervisor Nadolski read a letter received from McGraw Mayor Niver of the Village of McGraw in regards to their FireDept fire department budget for information only. budget A report was received from Ray Summerson in regards sewer to the operation and cost of the Cortland Wastewater Treat-= treatment ment facili.tes. This was reviewed for information only. plant operations RESOLUTION # 206 EXPRESS LETTER OF SYMPATHY TO FRANCIS SEARS FAMILY ® Motion by Councilman O'Donnell Seconded by Councilman Thorpe VOTES: ALL AYE ADOPTED WHEREAS Francis Sears was an orginial member of the death - Board of Assessment Review, established in April 1972, and Francis Sears WHEREAS Mr. Sears has recently passed away, therefore BE IT RESOLVED that the Supervisor is hereby requested to forward to the Francis Sears family, a letter to express sympathy and appreciation of his dedication and services to the Board of Assessment Review, on behalf of the Town* of Cortlandville. 3 3Y Wednesday, December 3, 1980 Page 6 1980 final meeting 1980 voucher deadline appointment Bd of Assessment Review RESOLUTION # 207 SETTING DATE OF DECEMBER 23, 1980 FOR FINAL MEETING OF 1980 Motion by Councilman Manning Seconded by Councilman Thorpe VOTES: ALL AYE ADOPTED bE IT RESOLVED that the final Town Board meeting of 1980 shall be held on December 23, 1980 at 7:30 p.m. at the Town Hall, to finalize payments and unfinished business. RESOLUTION # 208 SETTING DATE OF DECEMBER 19, 1980 OF DEADLINE TO SUBMIT VOUCHERS FOR 1980 Motion by Councilman Thorpe Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED that all vouchers to be paid for 1980 must be submitted to the Town Clerk by December 19, 1980. RESOLUTION # 209 APPOINT CHARLES PROCTOR TO THE BOARD OF ASSESSMENT REVIEW Motion by Councilman Manning Seconded by Councilman Thorpe VOTES: ALL AYE ADOPTED WHEREAS a vacany exists on the Board of Assessment Review due to the death of Francis Sears, therefore BE!IT RESOLVED that Charles Proctor of Blue Creek Road, of the Town of Cortlandville, is hereby appointed by the Town Board to serve on the Board of Assessment Review, to be effective from December 3, 1980 until April 30, 1984. Groundwater Information was received from State Assemblyman protection William B. Hoyt in regards to a proposed Groundwater act Protection Act of 1980. A response opposing the proposed act was presented to the Town Board by Supervisor Nadolski. .All Councilman signed the response and requested the Superivisor to forward them to the proper agencies. 1 L-A 11 1 RESOLUTION # 210 SETTING DATE FOR A PUBLIC HEARING FOR SEWER RENT RATES FOR INDUSTRIAL USERS public hearing sewer rents Motion by Councilman Manning Seconded by Councilman O'Donnell • VOTES: ALL AYE ADOPTED BE IT RESOLVED that a public hearing will be held on January 7, 1981 at 7:30 p.m. at the Town Hall, for the purpose of -setting the sewer rent rates for Industrial users for all sewer districts. Wednesday, December 3, 1980 Page 7 L RESOLUTION # 211, CANCEL MEETING OF DECEMBER l[, 1980 Motion by Councilman Thorpe Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED that the special meeting of December 15, 1980 is hereby cancelled, as all bills will be audited at the December 23rd meeting. Attorney Folmer advised that it would be necessary to adopt a local law to declare a procedure for unsafe buildings and collapsed structures. This matter could be covered under the Health Hazard Law. Councilman Manning made a motion, seconded by Councilman Thorpe, to table the matter for further investigation. All voting aye, motion was carried. Attorney Folmer will report next month in regards to abandonment of roads. unsafe bldgs. & collapsed structures A statement was -received from the City of Cortland sewer in the total amount of $ 81,591.90. This is still in the statement process of negotation. RESOLUTION # 212 SETTING RATE FOR ELECTION INSPECTORS FOR 1981 Motion by Councilman Thorpe Seconded by Councilman Manning VOTES: ALL AYE ADOPTED election inspectors rate-1981 WHEREAS the rate to be paid election inspectors for 1981 was established in preparing the budget for 1981, therefore BE IT RESOLVED that Election Inspectors hourly rate shall be $ 2.90 for the year of 1981. RESOLUTION # 213 APPOINT ROBERT WELLS AS ALTERNATE - ASSOCIATION OF TOWNS Motion by Councilman Manning Seconded by Councilman Thorpe VOTES: ALL AYE ADOPTED BE IT RESOLVED that Robert Wells is hereby designated as Alternate Delegate for the Association of Towns meeting to be held in New York City in February 1981. RESOLUTION # 214 AUTHORIZE ESTABLISHMENT OF FUND TO PURCHASE SEWER CLEANER Motion by Councilman Thorpe Seconded by Councilman Manning VOTES: ALL AYE ADOPTED BE IT RESOLVED that the Town Board hereby authorizes the establishment of a fund to be used for the purpose of purchasing a sewer cleaner, and alternate Assoc. of Towns sewer cleaner fund 334 Wednesday, December 3, 1980 Page 8 RESOLVED that $ 5,333.00 per year shall be collected, via taxes, for a three year period, commencing in 1981, to purchase such. There being no further business, upon motion by Councilman Manning, seconded by Councilman Thorpe to adjourn the meeting. All voting aye, motion was carried. The meeting was adjourned at 9:25 p.m.. Respectfully Submitted, Pauline H. Parker Town Clerk 1 LJ 0 1