HomeMy WebLinkAbout10-06-1999129,
OCTOBER 6,1999 7:00 P.M.
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
Town Clerk, Karen Snyder
Councilman, John Pilato
Others present were: Town Attorney, John Folmer; Highway Supt, Carl Bush;
Cortlandville Fire Department, Wayne Freidman and Scott Roman., Town Planning Board
member, Nick Renzi; (other town residents and property owners listed separately see
attached)
Supervisor Thorpe called the meeting to order.
Councilman Testa made a motion, seconded by Councilman Rocco, to approve the
Town Board Minutes of July 7 & 21, 1999, as written. All voting aye, the motion was
carried.
Councilman Rocco made a motion, seconded by Councilman O'Donnell, to receive
and file Cortlandville Planning Board Minutes of August 31, 1999. All voting aye, the
motion was carried.
Councilman Rocco made a motion, seconded by Councilman Testa, to receive and
file Cortlandville Zoning Board of Appeals Minutes of August 31, 1999. All voting aye,
the motion was carried.
MIUSIRIJAM SUffiR .- 11, -WAN - I I I U] a k, U11 Lei OW 14 IV4 ilo I to] 10 a 19A =
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 # 429 - 467
$
12,811.41
General Fund B
115-130
$
19,398.93
Highway Fund DA
62- 64
$
23,902.00
Highway Fund DB
392-412
$
37,073.21
Water Fund
.225-247
$
30,939.42
Sewer Fund
119-131
$142,688.44
Capital Projects
69- 79
HA
69- 74
$
1,572.96
HK
75- 79
$
43,064.36
Supervisor Thorpe offered privilege of the, floor to Richard Beebe.
Richard Beebe, owner of Redding -Hunter, Inc. expressed his opposition to the
proposed local law for lockboxes.
Mr. Beebe understands the Town Board and the Fire Department are trying to do
their jobs. He is not here to attack them. He is representing businesses and property
owners of Cortlandville.
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OCTOBER 6, 1999 TOWN BOARD MEETING PAGE 2
Mr. Beebe felt the proposed local law for lockboxes, as drafted, is not a fair law
and is unnecessary. He presented the Board with a petition against the proposed law,
signed by 78 business owners from Cortlandville. Mr. Beebe requests the Board make this
petition part of .the Board. minutes.
Councilman O'Donnell made a motion, seconded by Councilman Rocco, to receive
and file a petition 'signed by 78 business and property owner.& from Cortlandville, against
the proposed Local Law - Lockboxes. All voting aye, the motion was carried.
Mr. Beebe continued by stating a few business, owners were concerned with —"
signing the petition due to fear of repercussions from the Town Board and the Fire Dept.
He hoped the Board would be willing to work with the business owners.
Mr. Beebe understood there was a public hearing on the proposed law that only
three people were. in ;attendance due to vacations and possible unawareness of the hearing.
He asked the. proposed law 'be either rejected ' or tabled. for further study. If 'tabled, he
would hope there would be -more involvement with the business community.
Councilmen Rocco and O'Donnell stated the Board appreciates hearing from
constituents. This is the peoples town board, with the board being here to listen. They
wish to do what's best for the town.
Councilman Testa stated the Board :is in no hurry to enact .the lockbox law.
Additions can be made to the proposal. He was unaware of any problems with lockboxes.
Mr. Testa asked Mr. Beebe what was a major concern.
Mr. Beebe explained. after receiving; a copy of the law and discussing it, the biggest
issue is the mandatory requirement. Another. concern is with the security of the keys in the
lockbox. Mr. Beebe demonstrated an actual cylinder from inside a lockbox he had taken to
a professional locksmith. According to the locksmith the box is almost entirely pick proof.
At this time there is , a .patent on the cylinder protecting blanks from being ..distributed
through other dealers. This patent. was issued in.January 1987 and. runs .out on January 13,
2004. At that time anyone will be able to make blanks for that cylinder, putting the security
of our lockboxes at risk three years after the town law would be enacted.
Privilege of the floor was offered to Joseph Kuck.
Joseph Kuck, a business owner ;on Luker Road. in Cortlandville, read aloud a
petition, with 27 Cortlandville signatures, against the proposed local law for lockboxes.
Among their concerns is the mandatory requirement and protection from theft.
Mr. Kuck investigated area towns concerning their lockbox codes and also
investigated the Knoxbox web site on the internet.
Mr. Kuck quoted from the Ithaca Fire Dept. code stating that it is not mandatory for
everyone in Ithaca to install a lockbox.. A fire alarm or detector must be interconnected
with the fire department.
In Oneida, the mandatory lockbox was defeated due to opposition. They have a.
volunteer lockbox law which is tied into building permits. Mr. Kuck was led to believe the
lockbox determination is made by the zoning board in Oneida.
The Town of Clay has a volunteer fire department and no lockboxes._ Mr. Kuck
explained Clay's procedure for response to a fire call.
Mr. Kuck strongly opposes the mandatory requirement for the lock boxes. He
asked for, consideration of his constitutional rights and protection of property. . -
Attorney Folmer and Mr. Kuck discussed the proposed local law. A suggestion
was any business that has their alarm system connected to the Fire Department, would be
required to have a lockbox. This would eliminate the mandatory requirement and making
it a choice of the property owner.
Attorney Folmer explained the Corttandville Fire District is a separate organization
from the Town Board. Any procedures that ought to be adopted, should be discussed
with the Board of Fire Commissioners.
Attorney Folmer went onto discuss other points of concern raised in the petitions.
Including the distinctions between, paid and, volunteer fire departments; securities' and
property owners rights. He agreed notification of the business- owner 'by the Fire
IDepwimr.nt_should be part of th law.
OCTOBER 6, 1999 TOWN BOARD MEETING PAGE 3
Attorney Folmer commented, having lockboxes in conjunction with alarm systems
connected to the fire department could be added to the law. He went on to say there are
two sides to this issue. Early entry to a burning building can minimize damage to the
building and possible injury to a fire fighter. What the Board is attempting to do is
minimize this exposure.
Attorney Folmer stated he will go over the material submitted tonight and make
revisions to the draft. He explained another Public Hearing is not required. If the Board
feels one should be held, notification will be made.
Attorney Folmer explained the Board has instructed him to write a law to
accommodate the Fire Departments concerns with the minimal amount of intrusions on
peoples rights.
Supervisor Thorpe commented the Board seldom rushes into judgments and is
happy to hear comments and concerns. This is the reason for open meetings.
Supervisor Thorpe offered privilege of the floor to Joseph During.
Joseph During, Cortlandville Fire District Commissioner, apprised those in
attendance of his background and experience with the Fire District. He expressed his
concern over misinformation and the question of the Cortlandville Fire Dept.'s integrity.
Cortlandville's fire department has never had a problem or complaint regarding security.
Mr. During went on to explain the Fire District's origin in 1981 and its operation.
He stated the Town of Clay has a volunteer fire department but does not have a fire district.
Clay is serviced by four fire departments, all volunteers with no security issues.
Mr. During explained the reason the Fire District requested lockboxes be required
in Cortlandville. Among the advantages was the elimination of a large ring of keys
presently carried on the fire trucks and loss of valuable time with investigations. The
owners are automatically notified as a matter of protocol. This would not change with the
lockbox installation. He felt a lot of damage has been done with misinformation. The fire
district would be willing to host an open meeting f or the lockbox issue. Mr. During
wished people had come to the fire district to have their questions and comments
answered. The fire district would never retaliate in any way.
Mr. During stated the fire district has had 18 years of progress and are proud of
their accomplishments, serving the citizens of Cortlandville. The fire district is not
attempting to infringe on peoples business.
Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive
and file a petition signed by 27 businesses and property owners from Cortlandville, against
the proposed Local Law - Lockboxes . All voting aye, the motion was carried.
Supervisor Thorpe offered privilege of the floor to anyone wishing to add to the
discussion.
Richard Beebe stated no disrespect was intended toward the fire department or
district.
Joseph During added he was stating what he had heard concerning the fire
department being a risk to security.
Philip Simon, a Cortlandville business property owner, stated nothing derogatory
was meant toward the fire department. Mr. Simon is concerned with a mandatory law and
the amount of lockboxes he would need to purchase. Another concern was the amount of
keys in a lockbox and a key getting accidentally dropped or misplaced.
Supervisor Thorpe stated the law could be modified to accommodate objections
raised.
Mr. Simon and Attorney Folmer stated there was no indication of disrespect to the
fire department.
Mr. During explained every fire department documents who responds to a call.
Cortlandville members sign a document every time they act in an official capacity. When
they respond to a call and sign in they receive points towards their service award.
Councilman Testa asked action on the Local Law for lockboxes be tabled before
moving on with the meeting.
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OCTOBER 6, 1999 TOWN BOARD MEETING - 1, PAGE 4
RESOLU T_'_TONA177 TABLE ACTION ON: LOCAL LAW OCKBOX -
Motion by:Councilman- Rocco
Seconded by Councilman.0.'Donnell
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, action on. the proposed Local Law Lockbox, shall: be,tabled for.
further review, until October 20, 1999 Town Board meeting.
The meeting was recessed at 7:55 p.m. and reconvened at 8:00 p.m.
Supervisor Thorpe offered privilege of the floor to Agnes Renzi.
Agnes Renzi of 1149 DaAnci Drive, read from -a prepared statement expressing her
concerns with Dr. Ambrose's subdivision on DaVinci Drive. Her concerns were regarding
the looping of the water and sewer lines.
Mrs.. Renzi asked that no approval be granted until the subdivision could be
reviewed further.
Supervisor Thorpe agreed further review is needed.
Councilman Testa made, a 'motion; seconded by Councilman Rocco,` to receive and
file a statement and map from AgnesRenzi-regarding-Dr. Ambrose's subdivision within the
Davinci Drive area. All voting aye,-the'motion was carried..
Monthly reports for the Supervisor'and Town Clerk for September 1999, are on the
table for review and filed in the Town Clerk's office'.
RESOLUTION #178 AUTHORIZE USE' OF TOWN HALL FOR THE
DEFENSIVE DRIVING COURSES' FOR THE
YEAR_ OF-2000
Motion by Councilman O'Donnell
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
BE IT RESOLVED;the .Safety CouncilofCentral New York` is hereby authorized'to use
the Town Hall to conduct their Defensive Driving Course for the year of 2000, per the
schedule submitted.
The Board discussed and decided a date of the tabled Local Law - Lockboxes
should be October 20, 1999.
RESOLUTION #179 ACKNOWLEDGE RECEIVING 2000
TENTATIVE BUDGET
Motion by Councilman -O'Donnell -
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Clerk received the 2000 Tentative Budget on September -27,
1999, and has presented it to Town Board members, -in accordance with Town Law:
Town Clerk, Karen Snyder distributed to the Board, a request for a pay increase for
Cortlandville's election inspectors. She requested the Board review and discuss at the next
board meeting.
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aBER 6; 1999 TOWN BOARD MEETING PAGE 5
Councilman Rocco, made a motion, seconded by Councilman O'Donnell, to receive
and file a letter from William L. Baker, advising of his intent to renew his liquor license at
Night Owls, 3840 US Route 11, Cortland, New York. All voting aye, the motion was
carried.
Attorney Foliner reported:
Suit-Kote Mining Application:
Attorney Foliner -has informed NYS DEC, of the Board's decision not to be lead
agency for Suit-Kotes mining application. He has received communication from Michael
Barylski of the NYS DEC regarding Suit-Kote's application for the mining permit being
incomplete. There appears to be significant problems with old contractual obligations
regarding boundaries with ETL Laboratories, Economy Lodge. and the County of
Cortland, The DEC is raising quf_�tio0s,befpre_this project can go forward, fit, does,
Bonding Resolutions:
Attorney Folmer will have several bonding resolutions to be adopted at the next
Board meeting on October 20th.
Transfer of funds to Capital Projects Fund:
A resolution needs to be done since there is a 30 day period before the funds can
be utilized. Allowing the transfer to be reversed by the end of November.,
Two Lot Subdivision:
The Town Planning Board is considering the Ambrose subdivision, Mrs. Renzi
spoke about earlier in the meeting. The Planning Board will be having another meeting on
October 26, 1999.
RESOLUTION #180 ACCEPT ANNUAL REPORT OF
I CO
Motion by Councilman Testa - ' ,
Seconded by Councilman O'Donnell
VOTES: _ALL A' E e�AD
BE IT RESOLVED, the Annual Report of the Cortlandville Fire District for the year 1998
is hereby accepted and shall be received and filed.
Councilman Rocco made a motion, seconded, by Councilman, O'Donnell, to receive
and file Cortlandville Fire District Operating Budget for 2000. All,voting aye, the motion
was carried.
Councilman Rocco made a motion, seconded by Councilman Testa, to receive and
file correspondence dated September 15, 1999 from NYS DEC pertaining to drilling
permits issued. All voting aye, the motion was carried.
The permits issued were for deep natural gas exploratory wells to be drilled near
the Village: of McGraw.
Councilman Rocco made a motion, seconded by Councilman Testa, to receive and
file a letter dated September 17, 1999 from Town Attorney Folmer to Michael Barylaski of
the NYS DEC. All voting aye, the motion was carried.
I �"' Board has no interest n serving as The letter was to infoini'the NYS`DEC�'& Town
lead agency for Suit-Kote's proposed mining project.
Councilman O'Donnell made a motion, seconded by Councilman Testa, -to receive
and file comments from the Cortland County Coordinated Review Committee regarding
Aquifer Protection Permits for Benderson Development Corp. (Tops Plaza), Cortland
Wood Products, and Gutchess Lumber. All voting aye, the motion was carried
1 3 4 OCTOBER 6, 1999 TOWN BOARD MEETING PAGE 6
Councilman Rocco made a motion, seconded, by Councilman Testa, to receive and
file comments from the Cortland County Coordinated Review Committee regarding Zone
Change Requests for Diane Sorrells & Joseph Camillo and Rensslear & Marjorie
Livingston. All voting aye, the motion was carried.- ;
Councilman O'Donnell made a motion, seconded by Councilman Rocco, to receive
and file comments the Cortland County Coordinated Review Committee regarding an
Aquifer Protection Permit submitted by Zausmer-Frisch, for applicants Drs. Ladenheim &
Kaplan. All voting aye, the motion was carried.
Councilman Rocco made a motion, seconded by Councilman Testa, to receive and
file Cortland County Planning Department recommendations for an Aquifer Protection
Permit request submitted by Benderson Development Corp. All voting aye, the motion
was carried.
RESOLUTION. #181 SCHEDULE A PUBLIC HEARING FOR AN -AQUIFER
PROTECTION PERMIT SUBMITTED BY BENDERSON
DEVELOPMENT CORPORATION ON OCTOB R 20,1999
Motion by Councilman Rocco
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, a Public Hearing shall be scheduled for October 20, 1999 at 5:00 p.m.
regarding an Aquifer Protection Permit application submitted by Benderson Development
Corp., for property located on NYS Route 281, tax map #s 86.13-01-65.100, 86:17-01-
06.000 & 86.17-01-07.100.
Councilman Rocco made a motion, seconded by Councilman Testa, to receive and
file Cortland County Planning Department recommendations for an Aquifer Protection
Permit request submitted by Cortland Wood Products. All voting aye, the motion was
carried.
RESOLUTION #182 SCHEDULE A, PUBLIC HEARING FOR AN
AQUIFER PROTECTION PERMIT SUBMITTED BY
CORTLAND WOOD PROD Tt :TS ON ncTQBFR 20,1999
Motion by Councilman Rocco
Seconded by Councilman Testa . .
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, a Public Hearing shall be scheduled for October 20, 1999 at 5:00 p.m.
regarding an Aquifer Protection Permit application submitted by Cortland Wood Products,
for property located on McLean Road, tax map #95,12-01-15.000.
Councilman Rocco made a motion, seconded by Councilman Testa, to receive and
file Cortland County Planning Department recommendations for an Aquifer Protection
Permit request submitted by Gutchess Lumber. All voting aye, the motion was carried..
RESOLUTION #183 SCHEDULE A PUBLIC HEARING FOR AN AQUIFER
PROTECTION PERMIT SUBMITTED BY GUTCHESS
LUMBER CORPORATION ON OCTOBER 20 1999
Motion by Councilman Rocco
Seconded by Councilman Testa
VOTES: ALL AYE, ADOPTED
BE IT RESOLVED, a Public Hearing shall be scheduled for October 20, 1999 at 5:00 p.m.
regarding an Aquifer Protection Permit application submitted by Gutchess Lumber, for
property located on McLean Road, tax, map #95.12-01-17.000.
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PAGE 7
Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive
and file Cortland County Planning Department recommendations for an Aquifer Protection
Permit request submitted by Zausmer-Frisch for Drs. Ladenheim. and Kaplan. AD voting
aye, the motion was carried.
RESOLUTION #184 SCHEDULE A PUBLIC HEARING FOR AN AQUIFER
PROTECTION PERMIT SUBMITTED BY
ZA-U-SMER-FRISCH- ON OCTOBER 20.1999
Motion,by Councilman O'Donnell
Seconded by Councilman Testa
VOTES: ALL AYE-ADOP1'ED..-...-.
BE IT RESOLVED, a Public Hearing shall be scheduled for October 20, 1999 at 5:00 p.m.
regarding an Aquifer Protection Permit application submitted by Zausmer-Frisch, for
applicants Drs. Ladenheim & Kaplan,. for property located on Commons Ave., tax map
#86.09-04-03.000.
Councilman Rocco made a motion, seconded by Councilman O'Donnell, to receive
and file Cortland County Planning Department recommendations for a Zone Change
request submitted by Diane Soffells and Joseph -Camillo., All voting aye, the motion was
carried.
Motion by Councilman Rocco
Seconded by Councilman O'Donnell
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, a Public Hearing shall be scheduled for October 20, 1999 at 5:00 p.m.
regarding a Zone Change request submitted Diane Sorrells and Joseph Camillo, for
property located on Route 11.
Councilman Rocco made a motion, seconded by Councilman Testa, to receive and
file Cortland County Planning Department recommendations for a Zone Change request
submitted by Rensslear & Marjorie Livingston. All voting aye, the motion was carried.
RESOLUTION #186 SCHEDULE A PUBLIC HEARING FOR A ZONE
CHANGE REQUEST SUBMITTED BY RENSSLEAR
ANDMARMWE LIUN01M ON QCIQB-ER 20,1999
Motion by Councilman Rocco
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, a Public Hearing shall be scheduled for October 20, 1999 at 5:00 p.m.
regarding a Zone Change request submitted by Rensslear and Marjorie Livingston for
property owned by David & Patricia Hunsinger, property is located at 3872 Route 11, tax
map #87.00-02-04.000.
Councilman O'Donnell made a motion, seconded by Councilman Rocco, to receive
and file correspondence dated September 25, 1999 from Attorney David Alexander to the
Cortland County and Town Planning Boards. All voting aye, the motion was carried.
Attorney Alexander, representing Margery Alexander, stated his client is in favor of
the Livingston Zone Change request.
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OCTOBER 6, 1999 TOWN BOARD -MEETING .: � ; ; PAGE 8
Councilman- O'Donnell made a motion, seconded by Councilman Rocco; to receive
and file correspondence dated September 25, 1999 from! Ralph _& -Jean Sovocool, Stuart &
Lee Alexander, and the-Hartley"s: All voting ,aye, the motion was carried:
Their correspondence stated they are also in favor of the Livingston Zone Change
request and are asking for their adjacent properties be zoned accordingly.
RESOLUTION #187' REFER AQUIFER -PROTECTION PERMIT APPLICATION
_ OF CENTURY .GROUP ONE,. LLC TO. THE TOWN AND .
COUNTY PLANNING BOARDS FOR THEIR REVIEW
AND RECOMMENDATIONS -
.Motion by C'ounc in'an 01DO' nnell"
Seconded by Councilman Rocco
'VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Aquifer_�Protection Permit, application submitted by for -Century
Group One, LLC (Rudco Properties, Inc), for the selective demolition of retail' -space and
construction of new retail spaces, at the Cortlandville Crossing on NYS Route 13, shall be
referred to the Town and County Planning Boards for their review and recommendations.
RESOLUTION #188 AUTHORIZE BOOKKEEPER, TO -TRANSFER $43,084.95
FROM THE WATER FUND TO THE CAPITAL PROJECT
FUND FOR COSTS OF THE NYS ROUTE 13 WATER
IMPROVEMENT PROJECT -1999
Motion by Councilman Rocco
Seconded by' Councilman Testa
VOTES: ALL AYE ADOPTED
WHEREAS, per Resolution #56, adopted: March-.3;.1999, the Town Board authorized the
Town Engineer to proceed with the NYS' Route 11 Water Improvement Project 1999,
and
WHEREAS, until monies are received -and .designated for such , Water Improvement
Project, a request was made by the bookkeeper to transfer funds, therefore
BE IT RESOLVED, the Town Board does hereby authorize the transfer of $43,084.95
from the town's water fund to the. capitat -project fund, to accommodate- costs. for.the NYS
Route 13 Water Improvement Project 1999, and it is further
RESOLVED, the town water fund will be reimbursed when the project is bonded.
Councilman Rocco made a motion, seconded. by Councilman O'Donnell, to adjourn
the regular meeting. '-All voting aye, the inotion'was carried. `
The meeting was adjourned at 8:55 p.m.
.-Respectfully' submitted,
wren Q. Snyder
Town Clerk
Town of Cortlandville
TOWN BOARD MEETING OF OCTOBER.6, 1999
ATTENDANCE:
Joe Kuck
Tyler Secord
David Kraft
Sterling Planck
Dave Stoker
Patty Riotto
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Richard Beebe
Joe During
Rensslear Livingston
Mike Chernago
Phil Simon
Jack Harvey
Debra Sanford
Agnes Renzi
Marjorie Livingston
Dick Stoker
Mel Simon