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Home My WebLink About09-16-1998SEPTEMBER 16, 1998 TOWN BOARD MEETING 5:00 P.M. 285 1 i The Regular Meeting of the Town Board of the Town of Cortlandville was held at the Town Hall, 3577 Terrace Road, Cortland, New York, with Supervisor Thorpe presiding. Members present: Absent: Supervisor, Raymond Thorpe Councilman, Theodore Testa Councilman, Edwin O'Donnell Councilman, John Pilato Town Clerk, Pauline Parker Councilman, Ronal Rocco Others present were: Town Attorney, John Folmer; Highway Supt, Carl Bush; Keyboard Specialist, Patty O'Mara; News Reporter, Angela Leddy. Supervisor Thorpe called the meeting to order. Councilman O'Donnell made a motion, seconded by Councilman Pilato, to approve the Town Board Minutes of August 05, 1998, as written. All voting aye, the motion was carried. RESOLUTION #155 AUTHORIZE PAYMENT OF VOUCHERS SEPTEMBER Motion by Councilman Testa Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED, the vouchers submitted have been audited and shall be paid as follows: General Fund A Vouchers #403 - 423 $20,757.83 General Fund B 125 - 126 $30,979.10 Highway Fund DB 363 - 386 $14,725.01 Water Fund 240 - 253 $43,423.34 Sewer Fund 145 - 157 $35,939.35 Supervisor Thorpe offered privilege of the floor to those in attendance. Supervisor Thorpe apprised the Board of a committee formed to research new areas in the Town suitable for High Tech Businesses. This committee has been formed, rather then hiring a consultant, due to a request from the Cortland County Business Development, to review the Town's Zoning Laws for this purpose. Concerns have also been received from town residents living in residential areas, not wanting nearby property rezoned. The concept is, there could be a transition zone, between business and residential The members of the committee are: Town CEO Bruce Weber. as chairman; Carl Kimberly of McGraw; Seth Burgess of NYS Route 222; David Lundeen of Meadow Lane; and Richard Eades of the Cortland County Business Development Corp. A discussion was held whereby satisfaction of the selected committee members were heard. They will represent different areas of the Town with their expertise. The committee will report to the Town Planning Board and ultimately to the Town Board. Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and file the list of members on the committee to research new areas, within the Town, for High Tech Business. All voting aye, the motion was carried. Monthly reports for the Supervisor and the SPCA for the month of August 1998 are on the table for review and filed in the Town Clerk's office. SEPTEMBER 16, 1998 TOWN BOARD MEETING PAGE 2 Councilman O'Donnell made a motion, seconded by Councilman Pilato, to receive and file a letter from The Terrace Restaurant, advising of their intent to renew their beer and liquor license, at 879 Tompkins St. Ext., Cortland, New York. All voting aye, the motion was carried. Councilman Pilato made a motion, seconded by Councilman Testa, to receive and file a Letter from The Golden Lunch Restaurant, advising of their intent to renew their wine and beer license at 3590 NYS Route 281, Cortland, New York. All voting aye, the motion was carried. Councilman O'Donnel_l made a motion, seconded by Councilman Testa, to receive and file the 1998 list of Election Inspectors, received from the County Board of Elections. All voting aye, the motion was carried. Attorney Folmer reported: He received a call from Harold Henry of the Town of Solon, concerning a center line stripe on Clinton Street Extension. Councilman O'Donnell stated he has spoken to Mr. Henry in the past and informed him, per Highway Supt. Carl Bush, the policy is to line curves and hills and not straightaway's. There are no plans for striping that street. The Highway Supt.. stated he can not justify striping this road when other streets that are busier have not been striped. Attorney Folmer will inform Mr. Henry of this. NYS Retirement: He has received personnel information from NYS Retirement Board. He will discuss this during the Executive Session. Weathervane Subdivision Roads; Highway Supt, Carl Bush, has received a proposed deed for a part of Sterling Park Road, which is located within the Weathervane Subdivision. He has expressed concerns of the construction of that road, which is not complete. They have also discussed concerns of another roadway, which was to be completed. For that, we have a collectable Bond, if required. RESOLUTION #156 ACCEPT ROAD DEDICATION OF STERLING PARK, SUBJECT TO TOWN ATTORNEY AND HIGHWAY SUPT. APPROVAL Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, that Town Board does hereby accept the road dedication of Sterling Park, subject to -receipt of such securities and approval of the Town Attorney and Highway Supt. Manufactured Homes: Information has been presented which questions our Zoning Ordinance, as it relates to manufactured housing. Is it improper, because it has been preempted by Federal Legislation. Upon his request, he has received information from the Association of Towns concerning a recent court decision creating a mandatory set of safety standards, for the construction of, this type of housing. It says nothing about land use. We may not discriminate, or prohibit, a mobile or manufactured home, but the location of, can be regulated. As long as our zoning law is not based on safety concerns, we have the right to regulate, as we do now. There seems to be a distinction between safety concerns and ordinary land use control. He will share this information with CEO Bruce Weber and the Town Planning board and the Zoning Board, for their review. 1 SEPTEMBER 16, 1998 TOWN BOARD MEETING PAGE 3 287 1 1 1 Bennett St. Bridge Project: Upon conferring with the Village of Mcgraw Attorney, John Ryan, they agreed as follows: instead of having the single grant administered by both, a contract could be drawn, transferring the Village share of the grant money to the Town. The Town would assume responsibility for the road, including the record keeping. if the cost should go over or under the estimated amount, the difference would be shared by the Town and the Village. He will present a resolution, and contract, for this at the next Board meeting. Railroad Right -of -Way: He has twice contacted the railroad for the conveyance of the right-of-way, for the construction of the bridge. Receiving of the deed is forthcoming. Councilman O'Donnell reported that he contacted the Sheriff's Dept. in Cortland County and Chenango County, regarding serving of the summons on Lowell Craft of Blodgett Mills. They have not been successful. He also reported that a For Sale or Lease Sign has been placed on the property. Attorney Folmer will contact the realtors to inform them that this house is not in compliance with the Town's Zoning Law and that there is a proceeding pending. If the house is sold it would be the end of the proceeding. RESOLUTION #157 RECEIVE AND REFER ZONING VIOLATIONS OF PETER T. BEAUDRY II AND JAMES MARSH TO TOWN ATTORNEY FOR REVIEW OF COMPLIANCE AND ACTION, IF REQUIRED Motion by Councilman Testa Seconded by Councilman Pilato VOTES: ALL AYE ADOPTED WHEREAS, CEO Bruce Weber, has submitted documentation of code violations of Peter T. Beaudry II, at 4300 Route 11, Parcel #76.19-01-47.200 and James Marsh at Maryland Ave., Parcel_ #76.15-01-10.200, therefore BE IT RESOLVED, the Code Violations shall be received and filed and referred to the Town Attorney for review of compliance and proceed, if required. Councilman O'Donnell made a motion, seconded by Councilman Pilato, to receive and file a letter dated September 9, 1998 from Supervisor, Raymond Thorpe to NYS Assemblyman, Martin Luster. All voting ave, the motion was carried. The letter was in support of the Village of McGraw's request for a grant for the new Bennett Street road and bridge. RESOLUTION #158 AUTHORIZE BUILDING PERMIT FEE WAIVED FOR THE CORTLANDVILLE FIRE DISTRICT FOR NEW FIRE STATION AT 999 TOMPKINS STREET Motion by Councilman Testa Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED WHEREAS, a request was received from the Cortlandville Fire District Board of Fire Commissioners to waive all Building Permit fees for the new fire station at 999 Tompkins Street Ext.. therefore BE IT RESOLVED, the Board does hereby authorize the request. News Reporter, Angela Leddy, apprised the Board of a letter received by the Town Planning Board in reference to a possible zoning violation by Suit-Kote. Upon speaking with the DEC, it was determined Suit-Kote was not in violation. 2e SEPTEMBER 16, 1998 TOWN BOARD MEETING PAGE 4 Councilman Pilato made a motion, seconded by Councilman Testa, to recess the Regular Meeting and convene to an Executive Session to discuss a personnel matter. All voting aye, the motion was carried. The following information was received from the Supervisor's office. Councilman O'Donnell made a motion, seconded by Councilman Pilato, to adjourn the Executive Session and reconvene the Regular Meeting. All voting aye, the motion was carried. No action was reported. Councilman Pilato made a motion, seconded by Councilman O'Donnell, to adjourn the Regular Meeting. All voting aye, the motion was carried. The Meeting was adjourned at 6:25 p.m. Resp ctfully sub fitted, Pauline H. Parker, CMC Town Clerk Town of Cortlandville 1 1