The URL can be used to link to this page

Home My WebLink About09-01-1999SEPTEMBER 1, 1999 PUBLIC HEARING Pi 1 LOCAL. LAW NO.4 OF 1999 LOCKBOXES A Public Hearing was held by the Town Board of the Town of Cortlandville at the Town Hall, 3577 Terrace Road, Cortland, New fork, concerning a Local Law for Lockboxes. 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; Cortlandville Fire Department Chief, Kevin Whitney, members; Wayne Friedman, Scott Roman; Town Planning Board Member, Nick Renzi; Town Residents, Tom Huttleston, Joe Kuck, Darrell Carter, Ada Cornell, and Robert Whitney. Supervisor Thorpe called the Public Hearing to order. The Town Clerk read aloud the Legal Notice, as published, posted and filed. Attorney Folmer stated the proposed Local Law is excluding one and two family dwellings due to it is addressed in the section of the code where fire protection and prevention is detailed. Adding it was consistent through the code. Attorney Folmer-read aloud the proposed local law for lockboxes. Supervisor Thorpe offered privilege of the floor to Darrell Carter of 911 Route 222. Mr. Carter expressed opposition to one lockbox for dwellings with multiple tenants. He understood a lockbox would contain several keys. How would the Fire Department have the ability to locate the appropriate key? His other concern was a tenant refusing to supply a key. Cortlandville Fire Chief, Kevin Whitney, showed photographs and explained the keys would be labeled inside the lockbox. He also explained the security aspects of the lockbox and the benefits it would provide to speed up the process of entering a building. The box has a tamper switch and to date the box has never been penetrated. Chief Whitney stated major chain stores have been very receptive to the idea of the lockbox, Many businesses have purchased recessed and outside mounted lockboxes just by articles in the newspaper. He passed around a lockbox made to federal standards. Stating the lockbox has a specific key, which would be released by a tone from the 911 control center. The key can not be duplicated. Chief Whitney demonstrated how the lock - box is opened. Another comment was heard regarding the advantage of the lockbox saving a dwelling from broken water pipes. Councilman Pilato remarked that breaking into a building is risking possible injury to a firefighter. The lockbox would relieve a serious situation by removing an unnecessary obstacle. Attorney Folmer apprised the Board the term "Knoxbox" was not used in the wording of the proposed local law due to this being a manufactures name. The law should not require any property owner to purchase a particular manufacturer. Any lockbox purchased, must be approved by the Fire Department. The discussion continued with Chief Whitney explaining the chain of events of a 911 call and an installed lockbox. With no further comments or questions heard the Public Hearing was adjourned. Councilman Testa made a motion, seconded by Councilman O'Donnell, to close the Public Hearing. All voting aye, the motion was carried. The Public Hearing closed at 7:22 p.m. SEPTEMBER 1, 1999 7:22 P.M. TOWN BOARD MEETING 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: 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; Cortlandville Fire Department Chief, Kevin Whitney, members; Wayne Friedman, Scott Roman; Town Planning Board Member, Nick Renzi; Town Residents, Tom Huttleston, Joe Kuck, Darrell Carter, Ada Cornell, and Robert Whitney. Supervisor Thorpe called the meeting to order following a Public Hearing for proposed Local Law No. 4 of 1999. Councilman O'Donnell made a motion; seconded by Councilman Pilato, to receive and file the Planning Board. Minutes of -June 29, 1999. All voting. aye, the motion was carried. Councilman Pilato made a motion, seconded by Councilman O'Donnell, to receive and file the Zoning Board of Appeals Minutes of June 29, 1999. All voting aye, the motion was carried. - J Motion by Councilman O'Donnell Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED BE IT RESOLVED, the, vouchers submitted have been audited and shall be paid as follows: General Fund A Vouchers #388 - 412 $13,227.85 General Fund B 103.- Ill $ 5,066.01 Highway Fund DB 350 - 367 $49,245.79 Water Fund 201- 209 .$ 6,066.72 Sewer Fund 111 -113 $ 2,951.18 Capital Projects 51 - 58 HA 8340.258-., 51 - 54 $ 1,364.82 HD 8340.265 55 $ 6,724.02 HK 8340.267. 56 - 58 $32,464.75 . . Monthly reports for August of 1999 for the Justice are on the table for review and filed in the Town Clerk's office. Supervisor Thorpe .- opened the discussion to the proposed Local Law No. 4 of 1999-Lockboxes. Attorney Folmer inquired into the practicality of the law to include storage buildings. Chief Whitney explained each storage space renter has their own padlock. A lockbox, or the requirement of keys for each individual lock, would not be practical for these buildings. Chief Whitney also stated the Fire Department has sent out letters to commercial property owners or their tenants regarding information on the lockbox. 117 SEPTEMBER 1, 1999 TOWN BOARD MEETING PAGE 2 A suggestion- of January 1, 2001 for existing commercial buildings to be in compliance with the new law was .made. Any new construction must comply before the issuance of a certificate of occupancy. Attorney Folmer will rewrite the proposed law for lockboxes with consideration given to storage buildings and time restraints. He will then present the new draft for the Board's consideration. The Town Board reviewed and completed the SEQRA application for the proposed Local Law No.4 of 1999 - Lockbox, as required. A negative declaration will be made at a later meeting. Councilman O'Donnell, made a motion, seconded by Councilman Pilato, to receive and file a letter from Earl and Betty Wild, advising of -their intent to renew their liquor license for the Golden Lunch Restaurant, 3590 NYS Route 281, Cortland, New York. All voting aye, the motion was carried. The Town Clerk apprised the Board she received the supplement of the Local Update of Census Addresses (LUCA). This needs to be reviewed to ensure the addresses collected are correct and no other addresses have been omitted. Councilman Rocco made a motion, seconded by Councilman O'Donnell, to receive and file the supplement from the US Dept. of Commerce pertaining to the Local Update of Census Addresses (LUCA). All voting aye, the motion was carried. Motion by Councilman Testa Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby acknowledge, by receiving and filing, the Notice of Claim, regarding a motor vehicle accident occurring on June 11, 1999 at the intersection of Lime Hollow Road and McLean Road. Attorney Folmer stated a copy of the claim should be forward to the Town's insurance company. Attorney Folmer reported: Litigation for Raphael -Subdivision: - Attorney Folmer stated the litigation for the two lot sub -division on -Raphael Drive has been settled. The Planning Board rescinded the January 1999 resolution approving the subdivision, ending the litigation. The Planning Board has. scheduled a Public Hearing for September 28, 1999 and will make their determination then. Compagni-Aquifer Permit request: Attorney Folmer was prepared to explain to the Planning Board the Town Board's intentions in regard to the Storm Water Management Plan section of Economy Paving's Aquifer Permit. Mr. Compagni has received approval from the Soil cat Water Conservation Department on the Storm Water Management Plan. The Aquifer Permit is now in effective, making his explanation to the Planning Board unnecessary. Security Officer for Town Court: Attorney Folmer explained a way to accomplish contracting .a security officer for Town Court. He has been in contact with the County Attorney, Larry Knickerbocker. Attorney Knickerbocker will review a contract and speak with under sheriff Lee Price. He will then be in contact with Attorney Folmer regarding this issue. lib SEPTEMBER 1, 1999 ` TOWN BOARD MEETING . I PAGE 3 Letter from Department of Environmental Conservation: Attorney Folmer received a letter from the Department . of Environmental Conservation regarding Suit-Kote's intention to apply for a mining permit to extend it's operation in Polkville.. Under the requirements. of SEQRA the DEC has to inform the Planning and the Town Board of their intention. to- be Lead Agent, and ask if- any of the Boards would prefer to be Lead Agent. Attorney Folmer recommended the Board decline. RESOLUTION #157 DIRECT TOWN ATTORNEY TO FORWARD NOTIFICATION TO NYS DEC REGARDING LEAD AGENCY FOR SUIT-KOTE MINING PERMIT APPLICATION Motion: by Councilman Testa - Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby authorize and direct the Town Attorney to forward notification to the NYS DEC informing them of the Town Board's decision not to be Lead Agent for Suit-Kote's mining permit application, and. it is further RESOLVED, the Town Board does request being advised of theprogress with the said application. Attorney Folmer continued: MCS Spectrum Issue: Attorney Folmer has received a request from. Town Justice Mardis Kelsen not to pay an invoice from MCS Spectrum. The request is due to substantial delays in the delivery of their new computer system. - He -will write -to MCS Spectrum in regards to this issue. Letter and map from DOT: Attorney Fohner indicated to the Board. they -will find a letter :and map within their packets from the NYS DOT. This materialas in -regards to the appropriation of a piece of property for the reconstruction of Route 13. No action is necessary, as the State is allowed to acquire appropriate property. Bonding Issues: Attorney Folmer apprised the Board of three or four projects in need of bonding. He suggested holding Special Town Board meetings in order to accomplish this. Suit-Kote Rezone: Attorney Folmer stated he has not received any information from the court regarding Suit-Kote's rezone litigation but. expects to hear soon. Councilman Testa made a motion, seconded by Councilman Pilato, to receive and file a letter dated July 30, 1999 from the NYS DOT regarding appropriation of property on NYS Route 13 for the reconstruction of NYS Route 13. All voting aye, the motion was carried. s $ U S I W Q I ItIf0sleN I C11 It" 12 KAM" W 0 ZA VIAL OR-03 IR*wv I Motion by Councilman Rocco Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Highway Supt. is hereby authorized to execute personnel changes, in accordance with the Highway Pay Schedule to be effective August 29, 1999, as follows: SEPTEMBER 1, 1999 TOWN BOARD MEETING Fj 1 q PAGE 4 L 4. `y From D Mile Dimorier: Auto. Mechanic Helper Heavy Equip. Operator Fred Little: Motor Equip. Operator. Auto. Mechanic Helper RESOLUTION #159 AUTHORIZE HIGHWAY SUPT. TO HIRE MATHEW ISAF AS A MOTOR EQUIPMENT OPERATOR Motion by Councilman Rocco Seconded by Councilman Testa -VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Highway Supt. is hereby authorized to hire Mathew Isaf, 11 Van Hoesen St., Cortland, as a Motor Equipment Operator, in accordance with the Highway Pay Schedule, effective September 5, 1999. RESOLUTION #160 REFER AQUIFER PROTECTION PERMIT APPLICATION FOR .GUTCHESS LUMBER, TO TOWN AND COUNTY PLANNING BOARDS Motion by Councilman Testa Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Aquifer Protection Permit Application submitted by Karl Wendt for property located at 150 McLean Road tax map #95.12-01-17.000, owned by Gutchess Lumber, shall be referred to the Town and County Planning Boards for their review and recommendations, and it is further RESOLVED, the Town Board does hereby request consideration be given . to the input from Cortland County Soil & Water Conservation Department. RESOLUTION #161 REFER AQUIFER PROTECTION PERMIT APPLICATION FOR CORTLAND WOOD PRODUCTS, TO THE TOWN COUNTY PLANNING BOARDS Motion by Councilman Rocco Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Aquifer Protection Permit Application submitted by Karl Wendt for property located at 150 McLean Road, tax map #95.12-01-15.000, owned by Cortland Wood Products, shall be referred to the Town and County Planning Boards for their review and recommendations, and it is further _ RESOLVED, the Town Board does hereby request consideration be given to the input from Cortland County Soil & Water Conservation Department. . . RESOLUTION #162 REFER AQUIFER PROTECTION PERMIT APPLICATION OF BENDERSON-CORTLAND ASSOCIATES TO TOWN AND COUNTY PLANNING BOARD. Motion by Councilman Rocco Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Aquifer Protection Permit Application, submitted by Benderson- Cortland Associates for property located at NYS Route 281, tax map #'s 86.17-01-06, 07.100 & 86.13-01-65.200,-shall be referred to the Town and County Planning Boards for their review and recommendations; and it is further. RESOLVED, the Town Board does hereby request consideration be given to the input from Cortland County Soil & Water Conservation Department. 120 SEPTEMBER 1, 1999 TOWN BOARD MEETING PAGE 5 RESOLUTION #163 REFER AQUIFER PROTECTION PERMIT APPLICATION FOR DR. S. LADENHEIM & DR. S. KAPLAN TO TOWN AND COUNTY P ANNING BO RDA Motion by Councilman O'Donnell Seconded by Councilman Pilato VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Aquifer Protection Permit Application submitted by Zausmer- Frisch for property located at Lot #1, Phase II, Commons Ave,t tax map #86.09-04-03.000 for property owned by Dr. S. Ladenheii ' and Dr. S. Kaplan, shall be referred to the Town and County Planning Boards for their review and recommendations, and it is further RESOLVED, the Town Board does hereby request consideration be given to the input from Cortland County Soil & Water Conservation Department. Councilman Testa made a motion, seconded by Councilman O'Donnell, to receive and file County Planning Board recommendations for Wegman Companies Inc., Aquifer Protection Permit application. All voting aye, the motion was carried. RESOLUTION #164 SCHEDULE A PUBLIC HEARING FOR AN AQUIFER PROTECTION PERMIT SUBMITTED BY WEGMAN COMPANIES.,INC FOR SEPTEMBER 1 S 1999 Motion by Councilman Testa Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED BE IT RESOLVED, a Public Hearing shall be scheduled for September 15, 1999 at 5:00 p.m. for an Aquifer Protection Permit submitted by Wegman Companies, Inc. RESOLUTION #165 AUTHORIZE TRANSFER OF FUNDS FROM THE WATER FUND TO THE CAPITAL PROJECT FUND Motion by Councilman' O'Donnell Seconded by Councilman Rocco . VOTES: .ALL AYE- 'ADOPTED. WHEREAS, the Bookkeeper has requested a transfer of funds from the Water Fund to the Capital Project Fund for the Fisher Ave/Fairgrounds Water and NYS Route 13 Water Projects until bonding for these projects has been completed, therefore BE IT RESOLVED, the Town Board does hereby authorize the Bookkeeper to transfer $39,188.77 from the Water Fund to the Capital Project Fund, and it is further RESOLVED, the Water Fund will be reimbursed $39;188.77 after the bonding -of the said two projects has been completed. Supervisor Thorpe asked if anything else is to come before the Board. Councilman Rocco questioned what Benderson-Cortland was proposing on Route 281. Attorney Folmer stated they are proposing a 33,000 SF addition to the existing Super Tops. Along with a 10,000 SF out parcel development with accessory parking. Planning Board member Nick Renzi agreed with Mr. Folmer. Adding Benderson- Cortland has not indicated to the Planning Board what will occupy the proposed.. space at this point. Councilman O'Donnell made a motion, seconded by Councilman Pilato, to adjourn the regular meeting. All voting aye, the motion was carried. The meeting was adjourned at 7:50 p.m. Tpectfully sub ' ted_en Q. Snyder Town Clerk Town of Cortlandville>