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Home My WebLink About07-21-1999ab JULY 21, 1999 5:00 P.M. PUBLIC HEARING ZONE CHANGE REQUEST CARL J. STALEY 3676 ROUTE 11, SOUTH TAX MAP #67.00-00-02-05.000 A Public Hearing was held by the Town Board of the Town of Cortlandville at the Town Hall, 3577 Terrace Road, Cortland, New York, concerning a Zane Change Request for property located at 3676 Route 11 South, from Agricultural to Industrial. Members present: Supervisor, Raymond Thorpe Councilman, Theodore Testa Councilman, Edwin O'Donnell Councilman, Ronal Rocco Councilman, John Pilato Town Clerk, Karen Snyder Others present were: Town Attorney, John Folmer; Highway Supt, Carl Bush; Town Employee, Patty O'Mara; Town Resident, Nick Renzi; News Reporter, Angela Leddy. Supervisor Thorpe called the Public Hearing to order. The Town Clerk read aloud the Legal Notice, as posted and filed. Supervisor Thorpe offered privilege of the floor to those in attendance. Attorney Folmer apprised the Board that the County Planning Board returned the application to the Town Planning Board with any positive consideration contingent upon three conditions. The Town Planning Board recommended the approval of the Zone Change with the Town Board acting as Lead Agency under SEQRA and subject to the County Planning Board's condition. A discussion was held concerning the recess of the Public Hearing to allow the applicant an opportunity to be present. Councilman Rocco made a motion, seconded by Councilman O'Donnell, to recess the Public Hearing. All voting aye, the motion was carried. The hearing was recessed at 5:05 p.m. 97 JULY 21, 1999 5:05 P.M. The Regular Cortlandville was Cortland, New York TOWN BOARD MEETING Meeting of the Town Board of the Town of held at the Town Hall, 3577 Terrace Road, with Super -visor Thorpe presiding. Members present: Supervisor, Councilman, Councilman, Councilman, Councilman, Town Clerk, Raymond Thorpe Theodore Testa Edwin O'Donnell Ronal Rocco John Pilato Karen Snyder Others present were: Town Attorney, John Folmer; Highway Supt, Carl Bush; Town Employee, Patty O'Mara; Town Resident, Nick Renzi; News Reporter, Angela Leddy. Supervisor Thorpe called the meeting to order following a Public Hearing for a Zone Change Request. Councilman O'Donnell made a motion, seconded by Councilman Pilato, to approve the Town Board Minutes of June 2, 1999 as written. All voting aye, the motion was carried. RESOLUTION #130 AUTHORIZE PAYMENT OF VOUCHERS JULY Motion by Councilman Rocco Seconded by Councilman Pilato VOTES: ALL AYE ADOPTED BE IT RESOLVED, the vouchers submitted have been audited and shall be paid as follows: General Fund A Vouchers #326 - 344 $ 4,113.29 General Fund B 83 - 89 $ 1,044.76 Highway Fund DA 44 - 51 $12,965.70 Highway Fund DB 286 - 298 $27,149.77 Water Fund 157 - 176 $24,173.25 Sewer Fund 85 - 93 $77,001.32 Capital Projects 36 - 40 $ 1,304.47 Supervisor Thorpe offered privilege of the floor to those in attendance. Councilman O'Donnell complimented Highway Supt, Carl Bush, on the landscaping completed in front of the Highway Garage. Supervisor Thorpe commented on Cortlandville's aesthetic improvements including the Highway Garage and the new Fire Station. Supervisor Thorpe offered privilege of the floor to Nick Renzi. Nick Renzi of Davinci Drive read from a prepared statement concerning the installation of waterlines to two lots on Raphael Drive. He quoted the Planning Board Minutes of January 26, 1999, stating a waterline was to be installed to these lots and to date it has been supplied to only one lot. Mr. Renzi also spoke of connecting the existing main at the intersection of Raphael and Davinci Drive to eliminate the two dead end leas which currently exist. He stated according to Town Engineer, Hayne Smith, that this is possible. Attorney Folmer stated this matter is pending litigation. JULY 21, 1999 TOWN BOARD MINUTES PAGE 2 Monthly reports for the month of June 1999 Supervisor, the SPCA, the Justice for May and June, an quarter Water and Sewer Reports are on the table for filed in the Town Clerk's office. for the d the third review and Supervisor read aloud the Justice report and stated their new computer program with the.State is operating. Town Clerk, Karen Snyder, apprised the Beard of notification of the distribution of 1999 STAR Administrative Aid from the NYS Office of Real Property Services. There are 2400 properties in the Town of Cortlandville eligible for the Star program. As a Deputy in the assessor's office, 1833 applications had been processed. Mrs. Snyder explained the procedure for the basic star and clarified the enhanced Star program for applicants 85 years and older. Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and file the notification from NYS ORPS for the distribution of the 1999 STAR Administrative Aid dated July 1, 1999. All voting aye, the motion was carried. Mrs. Snyder informed the Board of her transition from Deputy Town Clerk to Town Clerk has been going very well. She thanked her deputies, Val Schmidt and Beth D'Ambrosio, and Bookkeeper, Marcia Hicks, for their help and teamwork. Our new Deputy Town Clerk, Pam McLean, has been with. us two months and adjusting well. She also thanked the Town Board, Attorney Folmar, and her predecessor, Pauline Parker, for their encouragement and support. Attorney Folmar reported: Resolution #210 1998: Attorney Folmar apprised the Board the need to rescind resolution #210 referring to elected and appointed official's work day hours. This resolution was based on the information received from New York State Retirement but did not include an effective date. The new resolution will be retroactive to January 1, 1993. RESOLUTION #131 RESCIND RESOLUTION #210 OF 1998 AND ESTABLISH AND AMEND STANDARD WORK DAY FOR ELECTED AND APPOINTED OFFICIALS Motion by Councilman Rocco Seconded by Councilman O'Donnell MOTES: ALL AYE ADOPTED BE IT RESOLVED, that the Town Board does hereby resolve as follows: Resolution #210 adopted by this Board on December 15, 1998 is rescinded; and it is further "Resolved" that the Town Board does hereby amend Resolution #144, adopted at the August 2, 1995 Town Board meeting as the standard workday for elected and appointed officials for the purpose of determining days worked reportable to the New York State and Local Employee's Retirement System, and shall be as follows: Elected Officials: Supervisor - six hour day Deputy Super-jisor - six hour day Councilman - six hour day Town Clerk - seven hour day Town Justice - seven hour day Superintendent of Highways - eight hour day 1 JULY 21, 1999 TOWN BOARD MEETING PAGE 3 99 n 1 Appointed Officials: Town Attorney - seven hour day Town Assessor - seven hour day The standard work week for all officials is five days; and IT IS FURTHER RESOLVED, that the Resolution and the work day established hereby shall be retroactive to January 1, 1993. Attorney Folmer continued: Enforcement of Winter Parking Law - Lamont Circle area: Sheriff Lee Price stated to Attorney Folmer, the Sheriff's Department would attempt to enforce this law giving thought to its underlying purpose and the conditions at the time of any violation. attorney Folmer informed Councilman Pilato and asked he speak with the resident that raised the complaint. Attorney Folmer concluded by asking for an Executive Session following tonight's meeting to discuss pending litigation. Councilman Rocco made a motion, seconded by Councilman Testa, to receive and file a letter dated July 14, 1999 from Paul Slowey, Chairman of Cortland County Business Development Corporation. All voting aye, the motion was carried. The request was for a letter from the Town supporting the BDC's efforts to assist Michael Arnold's proposed TruServe Home Center. RESOLUTION #132 AUTHORIZE SUPERVISOR TO DRAFT AND SIGN A LETTER OF SUPPORT FOR MICHAEL ARNOLD'S PROPOSED TRUSERVE HOME CENTER ON NYS ROUTE 13 Motion by Councilman Rocco Seconded by Councilman Testa VOTES: ALL AYE ADOPTED WHEREAS, a request was made by Cortland County Business Development Corporation for a letter supporting their efforts to assist Michael Arnold's proposed TruServe Home Center, therefore BE IT RESOLVED, the Board does hereby authorize the Supervisor to draft and sign a letter of support to the Cortland County BDC for Michael Arnold's proposed TruServe Home Center located on NYS Route 13. Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and file a letter dated July 13, 1999 from Town Justice, Mardis Kelsen. all voting aye, the motion was carried. A discussion was held regarding Judge Relsen's letter and the necessity to supply a security office for the Town of Cortlandville's open court. Attorney Folmer stated the same problem exists in the Towns of Solon, Willet, and Homer. The Sheriff's Department has provided an officer during court sessions for the Towns of Cortlandville and Homer, as a courtesy. The Sheriff's Department has had their road staff reduced due to budget cuts. They are required to provide officers to courts of record, County and Supreme, but not the justice courts. Attorney Folmer stated the Cortlandville Court is a busy court and needs an officer on duty. JULY 21, 1999 TOWN BOARD MEETING PAGE 4 RESOLUTION #133 AUTHORIZATION FOR A SECURITY OFFICER FROM THE CORTLAND COUNTY SHERIFF DEPARTMENT TO BE ON DUTY FOR THE TOWN'S OPEN COURT Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE ADOPTED WHEREAS, the Cortland County Sheriff's Department will no longer be providing a security officer for town court, due to budget cuts, and WHEREAS, the county sheriff's department is required to provide officers to the courts of record, such as county and supreme, not justice courts, and WHEREAS, the county sheriff's department provided this service in the past as a courtesy, and WHEREAS, Town Justice, Mardis Kelsen has requested a security officer be on duty while open court is held at the Town Hall, therefore BE IT RESOLVED, the Board hereby authorizes utilization of a security officer provided by the Cortland County Sheriff's Department to be on duty during open court at an annual fee not to exceed $2400.00 per year. Councilman O'Donnell made a motion, seconded by Councilman Pilato, to receive and file a letter dated July 9, 1999 from Nick Renzi referring to high water pressure in the Davinci Drive area. All voting aye, the motion was carried. Councilman Pilato made a motion, seconded by Councilman O'Donnell, to receive and file a letter dated July 9, 1999 from Nick Renzi. All voting aye, the motion was carried. The letter was in reference to a proposed connection of the two water lines at the end of Raphael Drive. RESOLUTION #134 APPOINT TWO TOWN REPRESENTATIVES TO THE IMPLEMENTATION TEAM OF THE CORTLAND AQUIFER PROTECTION ALLIANCE IANCE Motion by Councilman Testa Seconded by Councilman Pilato VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Board dues hereby appoint Councilman O'Donnell as a Board Member and Water Supt, Peter Alteri as a Water Operator, to represent the Town on the Implementation Team of the Cortland Aquifer Protection Alliance. RESOLUTION #135 AUTHORIZE SUPERVISOR TO WRITE LETTER TO CORTLAND AQUIFER PROTECTION ALLIANCE Motion by Councilman Testa Seconded by Councilman Pilato VOTES: ALL AYE ADOPTED WHEREAS, a request was made by the Cortland Aquifer Protection Alliance to appoint two Town representatives, therefore BE IT RESOLVED, the Board does hereby authorize the Supervisor to write a letter to the Cortland Aquifer Protection Alliance informing them of the two Town representatives appointed per Resolution #134 of 1999. JULY 21, 1999 TOW BOARD MEETING PAGE 5 101 A discussion was held concerning the Public Hearing recessed earlier in the meeting. It was decided, as the applicant had not arrived, to leave the Public Hearing in recess until the August 4th Town Board Meeting. Councilman Pilato made a motion, seconded by Councilman Testa, to recess the Regular Meeting to an Executive Session to discuss two pending litigation's. All voting aye, the motion was carried. The following information was received from the Supervisor's office. Councilman Testa made a motion, seconded by Councilman O'Donnell, to adjourn the Executive Session and reconvene to the Regular Meeting. All voting aye, the motion was carried.. No action was taken. Councilman O'Donnell made a motion, seconded by Councilman Testa, to adjourn the regular meeting. All voting aye, the motion was carried. The meeting was adjourned at 6:04 p.m. Res ectfully subiitted, �Kren Q . Snyder Town Clerk Town of Cortlandville 1 1