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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. �0 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. 132 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. 1 1 1 133 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. 1 LJ I 135 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. 136 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 1 11 Richard Beebe Joe During Rensslear Livingston Mike Chernago Phil Simon Jack Harvey Debra Sanford Agnes Renzi Marjorie Livingston Dick Stoker Mel Simon