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HomeMy WebLinkAbout05-05-1999MAY 5, 1999 7:00 P.M. TOWN BOARD MEETING The Regular Meeting of the Town Board of the Town of Cortlandville was held at the Community Building in the Village of McGraw, New York, with Supervisor Thorpe Presiding. Members present: Supervisor, Raymond Thorpe Councilman, Theodore Testa Councilman, Edwin O'Donnell Councilman, Ronal Rocco Councilman, John Pilato Town Clerk, Karen Q. Snyder Others present were: Town Attorney, John Folmer; Highway Sup't, Carl Bush; County Legislator, David Plew; Village Trustee, Jay Cobb; Kevin Whitney, Jack Harvey, Gerrick Henry from the Cortlandville Fire Dept, Village Clerk, Susan McNeill; Village Recreation Chairman, Dan Bilodeau; Village Resident, Carl Kimberly; Town Resident, Katie Rocco; a representative from the SPCA; and News Reporter, Angela Leddy. Supervisor Thorpe called the meeting to order, commented and welcomed a larger than usual audience. Councilman Pilato made a motion, seconded by Councilman Rocco, to approve the Town Board Minutes of March 17, 1999 as written. All voting aye., the motion was carried. Councilman Rocco made a motion, seconded by Councilman Pilato, to receive and file the Planning Board Minutes of March 30, 1999. All voting aye, the motion was carried. Councilman Rocco made a motion, seconded by Councilman Testa, to receive and file the Zoning Board of Appeals Minutes of March 30, 1999. All voting aye, the motion was carried. RESOLUTION #90 AUTHORIZE PAYMENT OF VOUCHERS MAY Motion by Councilman Rocco 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 #185 - 211 $10,575.31 General Fund B 37 - 42 $ 4,768.13 Highway Fund DA 26 - 29 $ 3,350.93 Highway Fund DB 178 - 193 $14,313.27 Water Fund 92 - 102 $17,969.31 Sewer Fund 54 - 56 $15,593.52 Capital Projects 14 - 17 $ 761.77 Supervisor Thorpe offered privilege of the floor to those in attendance. Carl Kimberly, a board member with the McGraw Lamont Free Library, reviewed the names of the Library Board members. Mr. Kimberly explained, under the director, Julie Widger there are now fifty youth programs and fifteen adult programs with a circulation of 11,000. He outlined the new programs and stated they have been working towards and have accomplished having town residents as board members to the library. 61 May 5, 1999 TOWN BOARD MEETING PAGE 2 Mr. Kimberly expressed appreciation to the Board for the monetary support of the library and stated it is being spent for the community. A discussion was held concerning the library's computer -- being on-line and its use. Privilege of the floor was given to Cortland.*ille Fire Chief, Kevin Whitney. Mr. Whitney distributed an outline to the Board on the Knox Box System. This system would allow the Fire Department easier emergency access to a business. He explained the box attaches to a building, either by being flush or mounted on the outside. The Knox Box contains keys and any necessary plans or information pertinent for that business. The Fire Department holds one key locked in a box placed inside their fire trucks for all Knox Boxes installed within the Cortlandville area. A tone released from the 911 would allow that key to open the Knox Box. Mr. Whitney demonstrated how the box operates and gave examples how this system would save time and lives. It would eliminate key liability and would prevent forcible entry. This system is in Palace in Ithaca, Dryden, Groton, Homer and throughout the country. The goal of the Fire Department is to have the Town pass an ordinance for all newly constructed commercial buildings to have a Knox Box installed and for existing commercial buildings to have this system in place within approximately a. year. The cost for each Knox Box is $200. This system is in the exploratory stage in this area. Town Attorney John Folmer recommended Mr. Whitney attend this evenings meeting to introduce the Knox Box system. Attorney Folmer stated the law can be amended for buildings in the future. He will need to review the possibility of installing a provision in the law to allow time for existing businesses to comply. A discussion was held concerning other possibilities, as in a knox pad lock for chains across access roads and a master key for apartment buildings. Privilege of the floor was given to Dan Bilodeau, Chairman of the McGraw Recreation Committee. Mr. Bilodeau introduced Rick Williams, a physical education teacher at McGraw High School, He stated the recreation a pool table, ping pang table school program which also has the program this year. They Bennett Street Field and the this summer. as the new park director. department have recently purchased for the new teen recreation after music. They are hoping to expand have one field finished at the softball field should be finished Mr. Bilodeau thanked Highway Supt, Carl Bush, for keeping them informed of what the Town is doing and for being very helpful. He expressed appreciation to the Board for the park's funding. Mr. Bilodeau stated the Recreation Committee meets on the First Monday of each month at 7:00 p.m. and at 8:00 p.m. for the month of June, July and August, and invited the Town Board members to attend. Councilman O'Donnell stated that both the Library and Recreation Department are well organized community programs and the Board is glad to contribute. Carl Kimberly commended the Board for coming to the Village of McGraw and hopes the Hoard will continue to come to the community regularly. 62 May 5, 1999 TOWN BOARD MEETING PAGE 3 Councilman O'Donnell recognized the new Town Clerk, Karen Snyder. Mrs. Snyder has been a deputy Town Clerk for the past twelve years and has worked for David Briggs in the Assessor's Office along with Pauline Parker, Town Clerk. Firs. Snyder's replacement as a Deputy Town clerk is McGraw resident, Pam McLean. Monthly reports for the month of April 1999 for the Tax Collector and SPCA are on the table for review and filed in the Town Clerk's office. Councilman Rocco made a motion, seconded by Councilman O'Donnell, to receive and file a memorandum dated March 29, 1999 from the NYS DOT. All voting aye, the motion was carried. The memorandum was in reference to pavement marking changes on Route 222 in the vicinity of Hedgemoor Dr., Westvale Dr., Katie Lane and Lyncort Dr. in the Town. The changes will be handled by the hPZS DOT. Councilman Rocco made a motion, seconded by Councilman O'Donnell, to receive and file the certificate of attendance to the Board of Assessment Review Training for Greg Robinson. All voting aye, the motion was carried. This certificate of training is a requirement and authorizes Greg Robinson to participate with Grievance Day which is held once a year. Town Clerk, Karen Snyder stated to those in attendance of the resolution passed at the Town Board Meeting of March 17th, relocating the Village of McGraw's polling place from the McGraw High School to the McGraw Community Building. This is a move many of the Village residents had requested. Councilman Rocco made a motion, seconded by Councilman O'Donnell, to receive and file notification dated April 28, 1999 of McGraw's amendment to their Local Law #1 of 1998. All voting aye, the motion was carried. The Village of McGraw amended Local Law #1 of 1998 by passing Local Law #1 of. 1999, amending the Critical Environment Area Designation. Attorney Folmer reported: Route 13 Water Improvement Bonding: Notice of publication of resolution took place on April 19, 1999. There is a 30 day waiting period for permissive referendum that will expire in the middle of May. The Board will be able to adopt the bonding resolution at the first board meeting in June, which will be held in Blodgett Mills. After the adoption of the Bonding Resolution there is a 20 day waiting period. The funds will be available by the first of July. Attorney Folmer has advised Town Engineer, Hayne Smith of the time frame and this is acceptable with his plans for the project. Litigation of Local Law #2, rezoning of the Suit -Kate Property: This case was assigned to Judge Rumsey. Attorney Folmer notified the attorneys involved with the litigation that at one time Judge Rumsey was Cortlandville's Town Attorney and felt he could render an impartial judgment. The plaintiffs were the only ones with objections. Administrative Judge Rose reassigned the case to Chenango County Judge, Kevin Dowd and has been adjourned to an undetermined date. Town Attorney Folmer and Suit -Rate's Attorney will file the responding papers by May 7, 1999, the original hearing date. 63 MAY 5, 1999 TOWN BOARD MEETING PAGE 4 These papers will consist of affidavits on behalf of the Town and Planning Boa.rd's, himself, a memorandum of lava, an abundant amount of exhibits on behalf of the Town, which reflects the necessary certified documentation of the Town's meeting's from November 1998 to the adoption of the final resolution on March 3, 1999. Town Attorney Folmer is unsure when a determination will be rendered after the arguments are heard. Railroad Right of Way: Mr. Folmer has prepared a. new deed of conveyance of the Railroad Right of Way for property where the new Bennett Street is being built with the consent of the owner. The deed has gone to the Railroad and when -returned the agreed sum of $5,000 will be paid for the property. NYSDEC: CEO Bruce Weber gave Mr. Folmer a revision of the DEC regulations concerning updating Storm seater Control and Prevention Spill -off. This will need to be incorporated into our Toren Code book through General Codes. Mr. Folmer will send this request and the Knox Box System request to General Codes. According to CEO Bruce Weber there is no time limit. Mr. Folmer will try to accomplish this in a reasonable time. Lamont Free Library: He commented on the efficiency of the director of the Lamont Library and their resources being wide spread. He discussed an example of how helpful the Lamont Library was with investigating a book for Mr. Folmer, as he has been unable to find himself. Mrs. Widger located the book and had it to Mr. Folmer within ten days. Town Attorney Folmer expressed his pleasure with the appointment of Karen Snyder as Cortlanville's Town Clerk. He thanked her for her assistance over the last twelve years and looks forward to working with her in the future. RESOLUTION #91 REFER CODE VIOLATION OF DAPHINE TALBOT FOR PROPERTY LOCATED AT 2352 ROUTE 41 TO TOWN ATTORNEY FOR REVIEW AND PROCEED AS REQUIRED Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, the code violation of Daphine Talbot for property located at 2352 Route 41, Cortland, NY, is hereby referred to the Town Attorney for review and direct him to proceed with compliance, as required. RESOLUTION #92 REFER AQUIFER PERMIT APPLICATION FOR ECONOMY PAVING CO., INC. TO TOWN AND COUNTY PLAIMING BOARDS Motion by Councilman Rocco Seconded by Councilman Testa. VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Aquifer Special Permit Application submitted by Karl H. Wendt, for property owned by Economy Paving Co., Inc., for property located on Route 13, shall be referred to the Town and County Planning Boards for their review and recommendations. MAY 5, 1999 TOWN BOARD MEETING PAGE 5 RESOLUTION #93 REFER AQUIFER PERMIT APPLICATION OF MICHAEL ARNOLD FOR PROPERTY OWNED BY EARL AND HELEN HART TO TOWN AND COUNTY PLANNING BOARDS Motion by Councilman Rocco Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Aquifer Special Permit Application submitted by Michael Arnold for property owned by Earl and Helen Hart, 375 UYS Route 13, shall be referred to the Town and County Planning Boards for their review and recommendations. RESOLUTION #94 AUTHORIZE AGREEMENT WITH NYS DOT TO ADJUST EXISTING WATER VALVE COVERS AND SANITARY SEWER MANHOLE COVERS ON NYS ROUTE 13 Motion by Councilman Pilato Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED WHEREAS, the NYS DOT will be reconstructing NYS Route 13, from South Cortland Virgil Road to the Cortland City line in the Town of Cortlandville, and WHEREAS, a request was made by the NYS DOT for authorization to adjust approximately 36 existing water valve covers and 25 sanitary sewer manhole covers to meet the final grade of the road, therefore BE IT RESOLVED, the Town Board does hereby authorize the agreement with the NYS DOT for the State"s adjustment of 36 existing water valve covers and 25 sanitary sewer manhole covers. RESOLUTION #95 AUTHORIZE BUILDING PERMIT FEE WAIVED FOR THE CORTLAND COUNTY SPCA FOR AN ADDITION OF A STORAGE FACILITY Motion by Councilman Rocco Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED WHEREAS, a request was received from the Cortland County SPCA to waive all Building Permit fees for the addition of a storage facility to the grounds of the SPCA located at 879 McLean Road, Cortland, NY, therefore BE IT RESOLVED, as a matter of policy for non-profit organizations, the Board does hereby authorize the request. A discussion was held concerning John Bishop, of 1217 Bell Drive, request for a refund an his sewer charges since January 1,1999 and the reasons it is necessary to connect to the Town sewer when it becomes available. Attorney Folmer indicated he would like time to review the issue. He read from the Town Code book. It states all properties are to connect to the sewer line within 90 days of written notification. Attorney Folmer explained the difference between connecting to the Town water system and the Town sewer system. IWZ 5, 1999 T0WN BOARD MEETING PAGE 6 55 u RESOLUTION #96 TABLE REQUEST FROM JOHN BISHOP OF 1217 BELL DR, REGARDING SEWED? CHARGES Motion by Councilman Rocco Seconded by Councilman O'Donnell ;DOTES: ALL NZE ADOPTED VffiEREAS, a request was received from Jahn Bishop, 1217 Ball Drive, to refund his sewer charges effective of January 1, 1999, and WHEREAS, the Town Attorney has requested additional time to review this request., therefore BE IT RESOLVED, the Town Board does hereby table the request of John Bishop to refund surer charges dating back to January 1, 1999. Councilman Testa reminded those in attendance of the retirement dinner being planned for retired Town Clerk, Pauline Parker which will be held on May S, 1999 at 5:00 p.m. at the Cortland Elks. Tickets where still available. Councilman Rocco 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 7:55 p.m. Respectfully submitted, ,aren Q. Snyder Torun Clerk Town of Cortlandville