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Home My WebLink About09-15-1999SEPTEMBER 15, 1999 1'1 913A I r2 I ] 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; Town Employees, Patty O'Mara and Peggie Capps; Cortlandville Fire Department, Wayne Friedman and Scott Roman; retired Town Clerk, Pauline Parker; Mrs. Sylvia Borden from BOCES; town residents, Liz Middleton, Tom Huttleston; and News Reporter, Angela Leddy. Supervisor Thorpe called the meeting to order and stated the, Aquifer Protection Permit Public Hearing for Wegman Companies, Inc. scheduled for tonight's meeting will not take place. Attorney .Folmer apologized to the Board for not requesting more time .for publishing Wegman Companies, Inc. Public Hearing notification, as , recommended by Councilman .Testa. A ten day notice is required. in order to hold a Public Hearing. Two weeks between meetings, often is not enough time to make that notification. Attorney Folmer requested a special meeting be held Tuesday, September 28, 1999 at 5:00 p.m. to hold Wegman Companies, Inc. Public Hearing and to discuss some financial matters. RESOLUTION # 166 SCHEDULE A SPECIAL MEETING FOR A PUBLIC HEARING FOR AN AQUIFER PROTECTION PERMIT SUBMITTED BY WEGMAN COMPANIES, INC. FOR SEPTEMBER 28.1999 Motion by Councilman Testa Seconded by Councilman O'Donnell NOTES: ALL AYE ADOPTED WHEREAS, notice for Wegman Companies, Inc. Public Hearing for an Aquifer Protection Permit, scheduled for September 15, 1999, was not publicly posted, as required, therefore BE IT RESOLVED, the:. Board does hereby schedule a Special Meeting to be held September 28, 1999 at 5:00 p.m. for a Public Hearing for the Aquifer Protection Permit request submitted by Wegman Companies, Inc. Councilman Rocco made a motion; seconded by Councilman O'Donnell, to receive and file the Planning Board Minutes of July 27, 1999. All voting aye, the motion was carried. Councilman O'Donnell made a motion, seconded by Councilman Pilato, to receive and file Zoning Board of Appeals Minutes of July 27, 1999. All -voting aye, the motion was carried. 122 SEPTEMBER 15, 1999 TOWN BOARD MEETING ....PAGE 2 Motion by Councilman O'Donnell 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 #413 - 428 $13,137.49 General Fund B .. , " : , "' � : - '- 11 _ 112 -114 $ 293.39 Highway Fund DB 368 - 391 $50,309.77 Water Fund 210 - 224 $ 7,433.32 Sewer Fund 114 -118 $ 325.30 Capital Projects - 59 - � 68 $ 2,755.61 HA 8340.258 ;.. -59'- 63 1 :2,391.74 HK 8340.267 64 - '68" - $ 363.87 Supervisor Thorpe offered privilege of the floor to Town Clerk, Karen Snyder. As Mrs. Snyder stood; those in attendance applauded as the.,1999 Primary, was held yesterday, with Mrs. Snyder the winner in her race. Mrs. Snyder read from a statement she prepared. She acknowledged those who have touched her. life. First as a Deputy' Town Clerk to, the'- appointed'Town Clerk. Thanking her "late father, family, Town -Board, Town Attorney, her predecessor. Pauline Parker and to the residents' of the town for their support, encouragement and belief in her to be the next Town Clerk. of Cortlandville: = Councilman O'Donnell introduced Liz Middleton of 8 Homestead Ave:: Ms. Middleton and her mentor, Sylvia Borden are observing tonight's meeting for a class Ms. Middleton is attending at BOCES on local government. Councilman O'Donnell has agreed to speak with her after' tonight's"meeting to answer any questions she, may have and encouraged the other Board members io do the same. ' Supervisor Thorpe apprised the Board of a document they have regarding a committee meeting he attended for the: Cortland -County ., Business Development Corporation. The committee is discussing `developing -a zone to encourage -businesses to come into the Cortland area. Supervisor Thorpe agreed to participate, as this. zone will affect Cortlandville. Bernie Thoma is drawing up a proposal to be submitted to the State for a grant. Supervisor Thorpe stated he will report to the Board as information becomes available. If anyone is interested in attending the meetings, to let him know. Councilman Testa also commented. The Business Development Corp.'s committee is an excellent way to. keep up on developments coming into Cortlandville. He would be interested in helping with the committee. Monthly reports for.SupervisorJustice, Town Clerk and SPCA for the- month of September of -1999; are on theaable for"review and filed inw.the Town -Clerk's office: Councilman Rocco stated he has receivedi calls from residents on Crestwood 'Court with complaints concerning the condition of their road. A discussion occurred with Highway Supt., Carl Bush regarding town sewer and repaving the Crestwood Court area. It would be cost effective to do both at the same time. Mr. Bush added there are no pot holes only cracks on Crestwood Court. It was decided to refer any questions from residents concerning this area, to the Highway Supt. SEPTEMBER 15, 1999 TOWN BOARD MEETING PAGE 3 Councilman O'Donnell made a motion, seconded by Councilman Pilato, to receive and file a letter dated September 2, 1999 from the Cortlandville Fire Department. All voting aye, the motion was carried. The letter expressed appreciation to the Board for their support in the Fire Department's proposal of lockboxes on commercial structures in the town. Councilman O'Donnellthanked the Fire Department for the letter. Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and file a letter dated August 8, 1999 from Michael and Marlene Mallah. All voting aye, the motion was carried. The letter was in regards to a proposed sewer project in the Collegeview area. Town Clerk, Karen Snyder apprised the Board regarding an invitation to a ribbon cutting ceremony at the new Cayuga Medical Center on Commons Ave. The ceremony is on September 25, 1999 at 9:30 a.m. with a tour of the facility at 10:00 a.m. Attorney Folmer expressed his pleasure with the results of September 14, 1999 primary for Town Clerk. He felt this win was recognition by the town residents of the Board's decision to appoint Karen Snyder as Town Clerk. He stated Mrs. Snyder had won the primary by being the kind of person she is. She will continue the town's tradition of excellent Town Clerks. Attorney Folmer wanted to congratulate her publicly. Attorney Folmer reports: Lockboxes: Attorney Folmer read and explained the revised draft of Local Law #4 of 1999 for lockboxes. It included the changes made due to the Public Hearing held September 1, 1999. Attorney Folmer also explained a provision was added to allow the Cortlandville Fire Department to issue a waiver for impracticability, government regulations or other factors to a specific premises. Mr. Folmer felt it would be impossible to define each situation. This language gives the Fire Department enough discretion to make an appropriate determination. With regards to new structures, the ordinance shall take effect when filed with the Secretary of State as required by law. With respect to structures in existence, the ordinance shall take effect on January 1, 2001. Attorney Folmer also stated there is an underlying penalty provision in the ordinance in general, that would apply to this law. The Fire Department representatives had no objection to the proposed draft of the local law. RESOLUTION #168 ADOPT LOCAL LAW #4 OF 1999 - LOCKBOXES AMENDING THE ZONING LAW OF THE TOWN OF CORTLAND3ILLE Motion by Councilman O'Donnell Seconded by Councilman Pilato VOTES: ALL AYE ADOPTED WHEREAS, the Cortlandville Fire Department and Fire District have submitted a request to the Town Board of Cortlandville to amend the town's zoning law by adding a new section to incorporate Lockboxes, therefore BE IT ENACTED, by the Town Board of the Town of Cortlandville as follows: Chapter 86, Fire Protection and Building Inspection, Section 86-6 of the code of the Town of Cortlandville is hereby amended by adding thereto a new Section to be numbered 86-6-1, to provide as follows: Section 86-6-1 LOCKBOXES 124 SEPTEMBER 15, 1999 1 TOWN BOARD MEETING PAGE 4 A. The purpose and intent of this section is to minimize the time of entry to property by Fire Department personnel at times of fire .alarms; thus reducing the loss of property, both real and personal-, and to enhance the `response ;time: experienced by fire personnel. B. A lockbox for storing building.keys.shall be obtained and affixed on certain premises described herein. Such lockbox shall be. as prescribed .by the Cortlandville Fire Department and shall be obtained in the manner established by said Fire Department. C. Lockboxes shall be required. for allnewand existing buildings, -other than one or two-family dwellings, subject to the provisions of Section E hereof. . D. Lockboxes shall be affixed to structures in the manner detailed by the manufacturer and in the location established by the Cortlandville Fire Department. E. In the event that it is determined by the Cortlandville-Fire Department that the intent of this ordinance would not be served .by the installation of a lockbox at, specific premises by reason of impracticability, , government regulation or other factor, a written waiver of the provisions of this Section, limited to the specific premises in question may be issued by the Fire Department. The determination of the Fire Department as to the issuance of such, waiver shall be final and .determinative. Any such waiver issued in conjunction with new construction shall be provided.to the Code Enforcement Officer at the time an application for a building permit is submitted. Any. such -waiver issued in conjunction with structure existing on the effective date of this ordinance shall be retained by the .owner of the premises described in such waiver, and shall- be exhibited to the . Code Enforcement Officer upon his request. F. With regard to new structures, this ordinance shall take effect when filed with the Secretary of State as required by law. With respect to structures in existence on said date, this ordinance shall take effect on January 1, 2001. After a discussion regarding .the revised.. Local Law - Lockboxes, it was the consensus of the Board to rescind Resolution #168. of 1999. The Board wished to further review the Local Law .for any impact it may have on commercial properties within the town. They would vote on the law at a later meeting. Motion by Councilman O'Donnell Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED BE IT RESOLVED, Resolution #168 of 1999 - Lockboxes, adopted by this Town Board on September 15, 1999, is hereby rescinded. Supervisor Thorpe apprised the- Boardof a request by the Alliance Bank to sign an agreement due to the merger of First National Bank of Cortland and Oneida Valley Bank. Attorney Folmer stated he and Councilman Rocco have gone over the request. This is a standard agreement the bank is required to ask the town to sign. The town is required to execute to continue to do business with the bank. RESOLUTION #170 AUTI$ORIZE. SUPERVISOR TO SIGN AGREEMENT W= ALLIANCE BANK Motion by Councilman Rocco, Seconded by Councilman Testa VOTES: ALL AYE ADOPTED WHEREAS, a request was received to allow. M&T (Manufactures and Traders Trust) as custodian for Alliance Bank for the benefit 'of the Town of Cortlandville, and . , WHEREAS, this is a standard agreement required by law, therefore BE IT RESOLVED, the Board does hereby authorize and direct the Supervisor to sign said agreement with Alliance and M&T banks. 125 SEPTEMBER 15, 1999 TOWN BOARD MEETING PAGE 5 RESOLUTION #171 AUTHORIZE REFUND TO AMY ALEXANDER FROM THE TOWN'S SEWER FUND Motion by Councilman O'Donnell: Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED WHEREAS, a request was made by the Water and Sewer Department to refund a meter and application fee of $67.00 collected from applicant Amy S. Alexander for property located at 3890 Route 11 South, and WHEREAS, the town's sewer cannot be connected to this properly unless a sewer lift station is installed, and WHEREAS, the Cortland County Department of Health has approved the use of a septic system at this location, therefore BE IT RESOLVED, the Town Board does hereby authorize the refund of $67.00 from the sewer fund to Amy S.. Alexander. . AUTHORIZERESOLUTION #172 D FROM THE TOWN'S WATER FUND Motion by Councilman O'Donnell Seconded by Councilman Rocco: VOTES: ALL AYE ADOPTED WHEREAS, a request was made by the Water and Sewer Department to -refund a meter and application fee of $145.18 collected from applicant John Wickwire for property located at 4401. Cosmos Hill Road, and WHEREAS, the property is to rocky with only a barn located on said property, and WHEREAS, it would be impractical to ,connect to the.town's water supply, therefore BE IT RESOLVED, the Town Board does hereby authorize the refund of $145.18 from the water fund to John Wickwire. Supervisor Thorpe announced the town's sewer cleaner has arrived and invited those in attendance to view the equipment. Councilman O'Donnell made a motion, seconded by Councilman Rocco, to adjourn the regular meeting. All voting aye, the motion was carried. The meeting was adjourned at 5:25 p.m. Respectfully submitted, Karen Q. Snyder Town Clerk Town of Cortlandville