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HomeMy WebLinkAbout08-01-1979Wednesday, August 1, 1979 7:30 P.M.17 5 PUBLIC HEARING ZONING CHANGE - PAULDINE PROPERTY - FISHER AVE. A Public Hearing on rezoning of pr(Perty on Fisher Ave. was called to order at 7:30 P.M. by Supervisor Nadolski. The property owned by William and Diana Pauldine on Fisher Avenue is currently Business Transitional. They have requested a change to R - 1. The Town Clerk read the Legal Notice that was published in The Cortland Standard July 28, 1979 which is as follows: ® Please take notice that the Town Board of the Town of Cortlandville will hold a public hearing at 7:30 p.m. in the Town Hall, Terrace Road, Cortland, New York on August 1,1979 at 7:30 p.m. upon the application of William and Diana Pauld- ine seeking a rezoning of property owned by them on Fisher Avenue in the Town of Cortlandville from its current Business Transitional Classification to R-l. All persons interested in such application shall be heard at said time and place. There were no comments from those in attendance. Councilman Manning made a motion to adjourn the Public Hearing. Councilman Pierce seconded the motion. All voting Aye, motion was carried. The hearing was closed at 7:35 P.M. E Respectfully submitted, (�/�Jar�z W 1214��' Pauline H. Parker Town Clerk 176 Wednesday, August 1, 1979 Page 1 7:35 P.M. Zoning Change The regular Town Board meeting for the month of August was held at the Town Hall, 15 Terrace Road, Cortland, New York with Supervisor Nadolski presiding at 7:35 P.M. Board members present were Councilman Ray Miller, Councilman Warren Manning, Councilman Melvin Pierce, Councilman Raymond Thorpe and Town Clerk, Pauline Parker. Others present were Attorney, John Folmer; General Clerk, Edna Puzo; Bookkeeper Holly Reese; Engineer, Charles Feiszli; Assessor, Robert Wells; Highway Sup't, Carl Eaton; Water & Sewer Sup't, Fred Walker; and a few residents of the Town. RESOLUTION # 115 AUTHORIZATION FOR A ZONING CHANGE OF PROPERTY ON FISHER AVE. Motion by Councilman Thorpe Seconded by Councilman Manning Votes: All AYE ADOPTED Pauldine Fisher Ave WHEREAS, properties owned by William and Diana Pauldine located on Fisher Ave. has been requested by petition to change the zoning classification from its current Business Transitional to R-1, and WHEREAS it has been reviewed and recommended by the Town Planning Board and the Cortland County Planning Board, and WHEREAS, a public hearing was duly called and held before the Town Board on August 1, 1979, and no objections were voiced, therefore BE IT RESOLVED that authorization is hereby given to change the Zoning Classification of property on Fisher Ave, owned by William and Diana Pauldine from Business Transitional to R-1, and therefore RESOLVED that the Town Clerk be, and she hereby is author- ized to publish such change as required by law, and RESOLVED that.the Town Clerk be, and she hereby is author- ized to enter such change upon the aforesaid Zoning Map. Reading of the minutes of previous meetings was dispensed with as all board members had reviewed copies prior to the Minutes meeting. Upon motion by Councilman Miller, seconded by Council- man Pierce, all voting aye, the minutes of July 5, 1979 were approved as written. Upon motion by Councilman Pierce, seconded by Councilman Miller, all voting aye, the minutes of the Special Meeting of July 20, 1979 were approved as written. RESOLUTION # 116 AUTHORIZATION TO PAY BILLS AS AUDITED FOR JULY 1979 Motion by Councilman Pierce Pay Bills Seconded by Councilman Miller Votes: All AYE ADOPTED BE IT RESOLVED that the claims be paid as audited for the month of July, 1979 with the exception of Voucher #233 of General Fund and Voucher #94 of Water District #1 General_ Fund Claims #229 -#232 #234 -#281 $ 27,082.70 Highway Claims #182 -#206 $ 30,540.30 Water Dist. # 1 Claims # 91 -# 93 # 95 4105 $ 3,241.61 Sewer Dist # 1 Claims # 15 $ 62.38 1 7 1 • 1 Wednesday, August 1, 1979 r s- page 2 d i RESOLUTION # 117 RESCIND RESOLUTION #79 OF MAY 2, 1979 Motion by Councilman Pierce Seconded by Councilman Manning Votes: All AYE ADOPTED WHEREAS after further consideration of the Town having to Rescind pay the application fee of hooking into the sewer Resolution BE IT RESOLVED that Resolution #79 of May 2, 1979 shall become null and void, and therefore BE IT RESOLVED that applications shall be made to hook into the sewer for the Town Hall and the Water Building at no charge, and shall direct the Water & Sewer Sup't to make ® the hookups. 1 Reports of department heads are on the table to be reviewed. The reports are also on file in the Town Clerks office and are reports available upon request. The.Engineer discussed his report with the Town Board. RESOLUTION # 118 AUTHORIZATION FOR SUPERVISOR TO SIGN A CONTRACT FOR SOIL BORINGS FOR THE MC LEAN TRUNK LINE SEWER Motion by Councilman Thorpe Seconded by Councilman Manning Votes: All AYE ADOPTED WHEREAS the engineer stated the cost for soil borings would not exceed the state mandated limits requiring such contracts to go to bid, therefore BE IT RESOLVED that the Supervisor is hereby authorized and directed to sign the contract for the purpose of soil borings for the McLean Trunk Line Sewer.-. Sign Contract - Soil Borings Merlin Owens of Blodgett Mills stated that the conditions at the Morris Hallstead residence has improved. There is still problems. with garbage, odor and animals at large. Blodgett The Town Attorney suggested that contacts be made at the Mills County level. The Town Board requested the Supervisor to contact some of the County Legislators to inform them of the problem. The Attorney will contact the County Attorney and suggested Mr. Owen contact Mr. Wadsorth, his County Legislator. Councilman Pierce will confer with Jim Feuss of the Health Department regarding the possibility of preparing a petition to circulate in that area. Supervisor Nadolski apprised the Town Board that Dr. Potter and Robert Bean are anxious to have the town accept their road. They cannot replace the water valve now because it is not McBean available. No action can be taken at this time as we do not Lane have the proper papers. RESOLUTION # 119 AUTHORIZE INCREASE OF HOURLY RATE FOR ELECTION INSPECTORS Motion by Councilman Manning Seconded by Councilman Pierce Votes: All AYE ADOPTED BE IT RESOLVED that ..Election Inspectors hourly rate Election shall be increased from $2.50 to $2.90 if the budget Inspector so allows. Schooling and Chairman fees to remain same. 178 Wednesday, August"l, 1979 Page 3 Senator Tarky Lombardi responded to our letter regarding prohibition of state mandates that require local funding. Town Clerk, Pauline Parker, advised that she has received Audit the Audit report from Audit & Control-, which has been filed in Report her office and may be reviewed upon request. Copies were distributed to the Councilme,n. The Legal Notice is to be published August 2, 1979• Russell A letter of resignation from Russell Parsons, Chairman of the Zoning Board of Appeals, was read. Upon motion by Parson s Councilman Miller, seconded by Councilman Manning to receive resignation and file the letter. All voting aye, motion was carried. RESOLUTION # 120 ACCEPT RESIGNATION OF RUSSELL PARSONS CHAIRMAN OF THE ZONING BOARD OF APPEALS Motion by Councilman Thorpe Seconded by Councilman Miller Votes: All AYE ADOPTED WHEREAS, The Town Board of the Town of Cortlandville has received a letter of resignation from Russell Parsons, Chairman of the Zoning Board of Appeals, said resignation to be effective August 15, 1979, and WHEREAS, the service to the Town of Cortlandville by Russell Parsons spans twenty-eight (28) years and includes service as both a member and Chairman of the Zoning Board of Appeals, and WHEREAS, the efforts and endeavors of Russell Parsons have contributed immeasurably to the controlled, orderly and positive growth of the Town, THEREFORE, BE IT RESOLVED that the Town Board of the Town of Cortlandville accepts with sincerest regret the resignation of the Chairman of the Zoning Board of Appeals effective August 15, 1979, and be it further RESOLVED, that the Town Board on behalf of itself and all of the residents of the Town extends to Russell Parsons its, sincere appreciation for his invaluable service t.o the Town and its best wishes for his future endeavors. RESOLUTION # 121 APPOINT'RONALD T. GAUTHIER.TO ZONING BOARD OF APPEALS Appoint Motion by -Councilman Miller Ronald Seconded by Councilman Pierce Gauthier Votes: All AYE ADOPTED WHEREAS Ronald Gauthier has expressed interest to serve on the Zoning Board of Appeals, and WHEREAS, he has been recommended by the members of the present board, BE IT RESOLVED that Mr. Ronald T. Gauthier is hereby appointed by the Town Board to serve the unexpired term of Russell Parsons on the Zoning Board of Appeals. Term commencing August 15, 1979 until December 31, 1980. It will be necessary for the Town Board to appoint a new chairman to the Zoning Board of Appeals. They will request the members of that board to make a recommendation. • 1 U 1 4 Wednesday, August 1, 1979 Page 4 17°� RESOLUTION # 122 AUTHORIZE A LEAVE OF ABSENCE TO CLARENCE COUCH z Motion by Councilman Manning Seconded by Councilman Thorpe Votes: All AYE ADOPTED WHEREAS Clarence Couch, an employee of the Town Highway leave of Dept. for six years, has requested a leave of absence absense for the winter months due to an-l]ness in the family, and WHEREAS, the leave has been recommended by the Highway Superintendent, therefore, BE IT RESOLVED that a leave of absence, without pay, is ® hereby granted to Clarence Couch, at time of his notification and approval of the Highway Supertendent, and RESOLVED that he is entitled to all benefits and such seniority rights are consistent with the policies and procedures of the Town of Cortlandville. RESOLUTION # 123 AUTHORIZE HOLLY REESE TO ATTEND TC- Motion by Councilman Thorpe Seconded by Councilman Manning Votes: All AYE ADOPTED WHEREAS the bookkeeper has requested permission to attend accounting classes at TC-3, and WHEREAS, it has been recommended by the Supervisor, therefore, BE IT RESOLVED that Holly Reese is hereby authorized to bookkeepe attend accounting classes at TC-3 for four credit hours at TC-3 $28.00 per credit hour. Pauline Parker, Town Clerk, requested consideration of reimbursement for the Dale Carnigie classes she had attended. She advised of a prior discussion with the Supervisor concerning this. He was to discuss the request with the Town Board, of which he forgot. The matter was tabled until the next meeting. Mr. Yars Smith of Chelsea Apts. requested the Town to erect signs designating "Children Playing'." There is also a problem Chelsea with snow removal. Because of the pending law suit there, it Apts. was advised by the Attorney to inform Mr. Smith that nothing could be done at this time. Supervisor Nadolski informed the board of a letter received from Willard Marks of the Gallagher Road. He expressed concern of problems with dogs in the area. He advised him that nothing could be done as all the dogs in question were licensed. The new dog law, which will be effective January 1, 1980 ® will be the responsibility of the Town. We are mandated by the State to provide a dog control officer (D.C.O.) The DCO new dog will pick up unlicensed dogs and will have authorization to law issue tickets, which the owners would have to appear before a Justice. We would also have to provide a vehicle for this purpose. The DCO would police the area of The Village of McGraw but he could not enforce their existing leash law. The SPCA would be willing to board the dogs. Vincent Stevens, the DCO for the City of Cortland, receives a salary of $8,400. per year. He recommended Carrol Keith of Truxton as a possible candidate for a DCO. The Supervisor will contact the Town of Homer and inquire if they would consider sharing this position and also sharing the cost of the program. We need to appoint an Enumerator for this year. The Supervisor has contacted the Office of the Aging and the Cortlandville Grange to see if they would be interested. 180 Wednesday, August 1, 1979 Page 5 SEQR SEQR notification has been receeved from The Village of notices McGraw and the Village of Homer in regards to their making application to EPA for Phase II of the Sewer Study. A letter was read pertaining to Robert Bean requesting Robert a variance from the Board of Health to build two structures Bean - on Groton Road. On motion of Councilman Miller, seconded by Groton R&Councilman Thorpe, the letter was received and filed. All voting aye, motion was carried. The Cortlandville Planning Board forwarded a copy of the revised Development Plan Book to the CNY Regional Planning and Development Board, as the county had not. Jim Feuss of the County Health Dept., prepared and SEQR forwarded to the necessary agencies the SEQR application • Appl. concerning the Burger King Resturant under construction at the Groton Ave. Shopping Plaza. Supervisor Nadolski has made contacts with our senators and congressmen to expedite the status of the McLean Road Trunk Line Sewer. Correspondence was read.;r.elating to his inquiries. Correspondence was read from Congressman Hanley and future Senator Javits regarding their interest and support for fund - sewers ing of future sewer extensions for The Town of Cortlandville. RESOLUTION # 124 AUTHORIZE ENGINEER TO ATTEND ENERGY CONSERVATION PROGRAM Motion by Councilman Manning Seconded by Councilman Miller Votes: All AYE ADOPTED engineer BE IT RESOLVED that Engineer, Charles Fieszli is attend hereby authorized to attend a seminar August 16th and seminar 17th in Syracuse for the Energy Conservation Program. Any expenses incurred by same shall be reimbursed, subject to audit by the Town Board. Audit & Control has advised Supervisor Nadolski that Sales excess Sales Tax can only be used -for funding Part Town Tax appropiations of the Highway Repair and Inprovement fund and/or the General Fund - Outside Villages. Gordon Darling of the Tower Road, complained of problems of excessive dust from the road. After investigating, it was found that one end of the road is maintained by The Town of Cortlandville, which is paved, and the other end is maintained by The Town of Virgil, which is a gravel road. Ken Powers, Virgil Supervisor advised they planned to put brine on the road next week. After a general 4-wheel the Attorney and the vehicle at the next meeting, highway funds to purchase a Department. discussion, the Town Board requested bookkeeper to investigate and report the most suitable plan of financing of four-wheel drive truck for the Highway Correspondence was read from the Cortland County Develop- Polkville ment Co. Inc. in regards to Phase II Feasibility Study for the Industrial Proposed Polkville Industrial Park. Park The Town Board expressed concern about the location being in the Flood Plain area and -the needs of water and sewer services. Upon motion by Councilman Miller, seconded by Councilman Manning, the letter and agreement was received and filed. All voting Aye, motion was carried. 1 Wednesday, August 1, 1979 page 6 181 1 • 1 • 1 There will be a meeting on August 6, 1979 at 4:00 p.m. at The First National Bank, Main St, Cortland, NY. The purpose of the meeting is to discuss auto sales, repairs, etc. with regards to the sales tax issue. We receive water from the City of Cortland to provide water service to those residents residing in Water District #2. The water service charges by the City of Cortland is a higher rate than what is charged by The Town of Cortlandville. Because it is a benefit district, we are not allowed, by Law, to collect funds via tax collection to offset the difference. The only way to balance out receipts and expenses for the district increase is to increase our rates. rates - Water #2 RESOLUTION # 125 SETTING DATE FOR A PUBLIC HEARING TO INCREASE WATER RENTS FOR WATER DISTRICT #2 Motion by Councilman Miller Se :c•hdc—'d' 'J.y -Pub anci!Lman Fierce Votes: All AYE ADOPTED BE IT RESOLVED that a Public Hearing will be held at the Public Town Hall on September 5, 1979 at 730,p.m. for the Hearing purpose of increasing the fee charged for Water Rates in water #2 Water District #2. The Attorney will publish the Legal Notice as required by law. The hearing will not require a stenographer. The Town Clerk apprised the Town Board that in the past penalty notices were mailed after the penalty period began. This process is not required by law. RESOLUTION # 126 AUTHORIZATION TO DISCONTINUE PENALTY NOTICES Motion by Councilman Manning Seconded by Councilman Pierce Votes: All AYE ADOPTED WHEREAS the mailing of penalty letters each quarter was Penalty deemed an undue expense to the town, therefore, letters water & BE IT RESOLVED that penalty notices will no longer be sentsewer to Homeowners for the Water Districts nor the Sewer Districts unless they are delinquent for a period of two quarters. RESOLUTION # 127 AUTHORIZE FIREMAN TO ERECT A FLAGPOLE AT MUNICIPAL BUILDING. Motion by Councilman Thorpe Seconded by Councilman Pierce Votes: All Aye ADOPTED flagpole BE IT RESOLVED that authorization is hereby given to the Muni Bldg Fireman to erect an aluminum flagpole in concrete in front of the Municipal Building. A motion was made by Councilman Miller to adjourn the�'�Z�d meeting to executive session to discuss This;��v' jp was seconded by Councilman Thorpe. All voting aye, motion was),�Ly�71"7 � carried. "to discuss negotiation of the sewer contract with the City of Cortland. R pectfully submitted, Pauline H. Parker Town Clerk 18 2 Wednesday, August 1, 1979 Page 7 Councilman Miller made a motion to adjourn the executive session to return to regular session. Councilman Manning seconded the motion. All voting aye, motion was carried. RESOLUTION # 128 AUTHORIZE CONTRACT PAYMENT OF SEWER TO CITY OF CORTLAND Motion by Councilman Pierce Seconded by Councilman Thorpe Votes: All AYE ADOPTED BE IT RESOLVED that pending final negotiation with the City of Cortland regarding a new agreement for sewer services, the Supervisor is hereby authorized • and diricted to pay the quarterly installments presently due and shall be computed under the present agreement to the City of Cortland. Information received from 3,01w/ iby Attorney Folmer Gr��9 A RESOLUTION # 129 AUTHORIZE THE POSITION OF CONFIDENTIAL SECRETARY TO THE SUPERVISOR Motion by Councilman Thorpe Seconded by Councilman Miller Votes: All AYE ADOPTED BE IT RESOLVED that the Town Supervisor have a confidential secretary. There being no further business, upon motion by Councilman Miller, seconded by Councilman Thorpe,. all voting aye, the meeting was adjourned. Information received by Supervisor Nadolski 1 • 1