HomeMy WebLinkAbout12-01-1999.77
DECEMBER 01, 1999
PUBLIC HEARING
7:00 P.M.
LOCAL LAW
LOCKBOX
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 the adoption of a Local
Law for the year 1999 which would amend the Code of the Town of Cortlandville to
require the installation of lockbox devices on specified new and existing buildings, other
than one or two family dwellings, located in the Town of Cortlandville.
Members present:
Absent:
Supervisor, Raymond Thorpe
Councilman, Theodore Testa
Councilman, Edwin O'Donnell
Councilman, Ronal Rocco
Town Clerk, Karen Q. Snyder
Councilman. John Pilato
Others present were: Town Attorney, John Folmer; Highway Sup't., Carl Bush;
Planning Board member, Nick Renzi; Lela Talbot; Richard and Sherry Beebe; Joe Kuck;
Sterling Planck; John Adams; Scott Roman; Wayne Freidman; John Reagan and Ger
Button.
Supervisor Thorpe called the Public Hearing to order.
The Town Clerk read aloud the Legal Notice, as published, posted and filed.
Supervisor Thorpe asked Attorney Folmer to summarize the content of the
proposed Lockbox Local Law.
Attorney Folmer explained the revised draft of the proposed Local Law for
Lockboxes. It would eliminate the installation of Lockboxes for buildings that do not have
a direct alarm system to 911. The exception of one or two family dwellings will be still
drafted into the Local Law. If an owner installs this type of device they must also install a
lockbox.
Also included in the newly redrafted proposed law:
Upon entry of a building the owner is to be notified as soon as possible.
The change of language from the Cortland Fire Department to the Cortland Fire
District, upon the request of the chairman of the Board of Fire Commissioners.
Exceptions to this law can only be waived by the Cortlandville Fire District.
John Adams, owner of Allstate Insurance Co. at 3660 The Park, inquired if the only
stipulation for a lockbox is a connection to a central station alarm.
Attorney Folmer stated this is correct.
A discussion was held with those in attendance concerning the description of a
central alarm system.
Attorney Folmer stated any business connected with ADT, or any other security
system which calls the Fire Department after a 911 call is received, is not considered
interconnected to the Fire Department. Under these circumstances a lockbox is not
required.
Jolui Reagan, owner of Cortland Wholesale Electronic on Route 11, raised the
question of security and feels the proposed lockbox law is obtrusive to his operation.
Wayne Friedman, Cortlandville Assistant Fire Chief, stated they are trying to make
things better in the long run by not having to wait for an owner, in order to enter a
building. Mr. Friedman understood Mr. Reagan's concerns regarding securities.
Supervisor Thorpe explained if a building is not directly connected to the Fire
Department, having a lockbox is permissive not mandatory. In Mr. Reagan's case a
lockbox would not. be necessary.
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DECEMBER 0 t , t 999 PUBLIC HEARING Page 2
Attorney Folmer stated the requirements for the installation of a lockbox changes,
due to concerns raised at the last Public Hearing. Only owners that chose to install a direct
alarm system are subject to this law.
Supervisor Thorpe went on to explain the lockbox intent is to eliminate the many
keys the firemen need to carry and to reduce the amount of time needed to enter a building.
Richard Beebe owner of Redding -Hunter, expressed his pleasure with the change
from the mandatory requirement for the lockbox. He inquired into the necessity of actually
having the law.
Attorney Folmer explained the Fire Department is required to respond to every can
whether or not the caller has a lockbox. The Fire Department can not require the
installation of a lockbox.
Councilman Rocco commented as the Board has listened and adapted to the
concerns expressed for the proposed law. He feels it is unfortunate with the change of
society, mistrust is passed onto the Fire Department.
Mr. Reagan stated Ithere are a few bad apples in every bunchl.
Attorney Folmer stated to those in attendance he felt there is a misunderstanding
with the public. concerning the relationship between the Fire District and the Town of
Cortlandville.
When the Fire District was approved by the comptroller of audit and control in
Albany, they became a separate entity. The Fire District has their own budget and elected
commissioners.
The Town Board has no discretion of the content of the fire department's budget. It
is submitted to the Board to be a part of the Town and County tax bill, as required. The
Fire District is not subject to the authority of the Town Board.
Attorney Folmer suggested the Fire District have available a method for those who
have a complaint about the necessity of a lockbox. If there is a complaint regarding the
spending by the Fire District, residents can attend a Fire District meeting.
He went on to suggest if the public was more informed to the Fire District's
independence of the Town, questions regarding the Fire District could be directed
properly.
Councilman Testa made a motion, seconded by Councilman O'Donnell, to adjourn
the Public Hearing. All voting aye, the motion was carried.
The Public Hearing was adjourned at 7:25 p.m.
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DECEMBER-Q1, ,t999 7:25-P.M.
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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:
Absent:
Supervisor, Raymond Thorpe
Councilman, Theodore Testa
Councilman, Edwin O'Donnell
Councilman, Ronal Rocco
Town Clerk, Karen Q. Snyder
Councilman, John Pilato
Others present were: Town Attorney, John Folmer; Highway Sup't., Carl Bush;
Planning Board member, Nick Renzi; Lela Talbot; Richard and Sherry Beebe; Joe Kuck;
Sterling Planck; John Adams; Scott Roman; Wayne Freidman, John Reagan and Ger
Button.
Supervisor Thorpe called the meeting to order following the Public Hearing for
Local Law - LockBox.
Councilman Rocco made a motion, seconded by Councilman O'Donnell, to
approve the Town Board Minutes of September 15 & 28, 1999, as written. All voting aye,
the motion was carried.
Councilman O'Donnell made a motion, seconded by Councilman Rocco, to receive
and file the Town Planning Board Minutes of September 28, 1999. All voting aye, the
motion was carried.
Councilman Testa made a motion, seconded by Councilman Rocco, to receive and
file the Zoning Board of Appeals Minutes of September 28, 1999. All voting aye, the
motion was carried.
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
General Fund B
General Fund DB
Water Fund
Sewer Fund
Capital Projects
HA
HK
##588
- 611
$ 17,835.45
149 -
152
$
677.18
459 -
477
$116,963.52
292 -
295
$
164.07
157 - 158
$
30.23
99 -
102
99 -
93
$
25.80
100 - 102
$
35,359.62
Supervisor Thorpe offered privilege of the floor to Ger Button.
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DECEMBER 01, 1999 TOWN BOARD MEETING PAGE 2
Ger Button of 785 North Lamont, commented on the photographs of Cortlandville
in the hallway at Town Hall. He stated they should be more visible. He suggested the
Town look into acquiring a web site. The web site could carry these pictures as well as
promoting the Town of Cortlandville. He apprised the Board the web site titled
Cortlandville.com is available.
Mr. Button presented a proposal to the Board to create a web site for Cortlandville.
The proposal contained various ideas and costs to the Town. Mr. Button also stated there
may be a possibility an internet service provider may reduce or donate the start up costs.
The Town of Homer and the City of Cortland also have web sites.
Councilman Testa recommended reviewing other providers for comparison.
Mr. Button explained he has done web pages for NCR and other small businesses
in the area.
The Board members expressed their appreciation to Mr. Button f or bringing the
idea to the Board.
Joseph Kuck of 4017 Kinney Gulf Road, agreed the web site is a good idea. It is
important to improve communication. One advantage with a website maybe the publishing
of legal notices. Legal notices in the newspaper are too small and not often noticed.
A discussion was held concerning the publishing and cost of legal notices in the
newspaper. Also discussed was public involvement and improving communication.
Attorney Folmer explained legal notices are required to be published. The Cortland
Standard decides the method these notices are published unless a costly advertisement is
purchased. In the past reporters have been at meetings and reported what the Board has
and will be doing in the future. Agendas are also available for the public.
Councilman Testa stated the Town Board holds one meeting in Blodgett Mills and
the Village of McGraw and publishes a newsletter in an eff ort to increase communication.
Supervisor Thorpe stated the Cortland Standard is sent an agenda in advance. At
times the agenda may not be prepared until the day before the meeting.
Town Clerk, Karen Snyder, stated there is a cost to the town to publish a legal
notice in the Cortland Standard.
Attorney Folmer explained the requirement of time needed for a public notice to
appear in the newspaper.
Supervisor Thorpe offered privilege of the floor to Lela Talbot.
Lela Talbot with AFLAC New York, explained AFLAC stands for the American
Family Life Assurance Company.
Ms. Talbot distributed information to the Board explaining programs offered by
AFLAC and their cost. AFLAC currently is representing ten towns in Broome County.
She explained a program whereby the employee's health insurance premiums are
paid first before taxes are deducted. This would be a savings for both the town and the
employee at no cost to the town.
A discussion was held concerning how the savings would occur.
Ms. Talbot went on to explain other options available through AFLAC including
flex plans, short term disabilities, hospital indemnity, accident coverage and a cancer
supplement. She also stated upon Town Board approval, she would be available to meet
with the town employees.
Councilman Rocco stated the Board would like to investigate further before
approaching town employees.
No action was taken.
Councilman O'Donnell thanked Town Clerk, Karen Snyder, and the employees
who worked on the town's fall newsletter. He stated it is an excellent form of
communication. The eff ort made to accomplish the newsletter is appreciated.
Councilman O'Donnell opened a discussion concerning the installation of a four
way stop sign at the intersection of Page Green Road, Stair Road and Saunders Road. This
is a potentially dangerous intersection with only a two way stop sign at Starr and Saunders
Road.
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DECEMBER 01, 1999 TOWN BOARD MEETING PAGE 3
RESOLUTION #240 AUTHORIZE SUPERVISOR TO WRITE LETTER TO
CORTLAND COUNTY HIGHWAY SUP'T. REQUESTING
A STOP SIGN AT PAGE GREEN AND SA 1NDERS RD
Motion by Councilman Rocco
Seconded by Councilman O'Donnell
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Supervisor is hereby authorized and directed to write a letter to
the Cortland County Highway Sup't. requesting a stop sign to be installed at. Page Green
Rd. and Saunders Rd.
The monthly report of the Town Clerk for November 1999 is on the table for review
and filed in the Town Clerk's office.
Councilman Rocco made a motion, seconded by Councilman O'Donnell, to receive
and file correspondence dated November 15, 1999, from Lydia Ferro regarding the speed
limit of McLean Rd. All voting aye, the motion was carried.
Supervisor Thorpe commented in response to Mrs. Ferro's letter objecting to the
lack of response to the McLean Road speed reduction request. He stated the Board has no
control over the amount of time it takes to process such requests. The necessary
paperwork was started the day after the Board meeting of October 2 0, 1999. This was
submitted to the County Highway Sup't on November 3, 1999 and was not acted upon
until November 29, 1999. Copies of every document sent to the legislatures, the County
and to the State were forwarded to Mrs. Ferro, as she requested, and before the receipt of
this last letter.
Councilman Rocco commented the replies of Senator Seward and Assemblyman
Luster appeared in the Cortland Standard.
Councilman O'Donnell made a motion, seconded by Councilman Rocco, to receive
and file correspondence dated November 22, 1999, from Senator Seward regarding the
speed limit on McLean Rd. All voting aye, the motion was carried.
Councilman O'Donnell made a motion, seconded by Councilman Rocco, to receive
and file correspondence from Cortland County Highway Sup't. Joseph Eggleston
regarding the speed limit. on McLean Rd. All voting aye, the motion was carried.
The correspondence included the response from County Highway Sup't. to the
NYS DOT. Mr. Eggleston is recommending the speed on McLean Rd, be reduced from
the East Holl Rd. to the County line.
Town Clerk, Karen.. Snyder, apprised the Board of a request by the Cortlandville
Fire District to use the town's voting machine for their upcoming election.
A discussion was held concerning the Fire District using the new machine or the
spare and also the use of the new fire station for a town polling place.
RESOLUTION #241 AUTHORIZE CORTLANDVILLE FIRE DISTRICT
USE OF THE TOWN'S NEW VOTING MACHINE
FOR THEIR ELECTION ON DECEMBER 14 1999
Motion by Councilman Rocco
Seconded by Councilman O'Donnell
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize the Cortlandville Fire District
use of the town's new voting machine for their election to be held at 999 NYS Route 13 on
December 14, 1999.
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DECEMBER 01, 1999
Attorney Folmer reported:
TOWN BOARD MEETING
PAGE 4
Bond Issues:
Attorney Folmer stated Town Clerk, Karen Snyder, signed the last document
relating to the four bonding issues to be finished by the end of the year. These documents
will be faxed to the bonding counselor. The Supervisor and Town Clerk will need to go to
the bank by the end of next week to accomplish the BANS.
We will pay on the principal of the BAN due in February and then issue a bulk
bond to pay all outstanding BANS by May or June of 2000.
Councilman Rocco asked for clarification on renewal of the Star exemption. He
stated after receiving a renewal form in the Cortland High School newsletter, it appears to
be necessary to renew.
Town Clerk, Karen Snyder, explained it is not necessary to renew for the basic. Star
exemption. Renewal is necessary only for an individual 65 years of age and older. There
has been numerous calls to the Town Clerk's office concerning this issue.
RESOLUTION #242 AUTHORIZATION TO RELEVY DELINQUENT
WATER AND SEWER ACCOUNTS TO THE
2000 TAX ROLL OF THE TOWN
Motion by Councilman O'Donnell
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
WHEREAS, the list of delinquent accounts of the Water & Sewer Dept. of the Town was
submitted, as required, therefore
BE IT RESOLVED, the Town Board does hereby receive and forward the list of
delinquent water and sewer accounts of the Town of Cortlandville to the Cortland County
Real Property Tax Office, to be relevied onto the 2000 tax roll of the Town.
RESOLUTION # 243 AUTHORIZATION TO PARTICIPATE IN I HOLIDAY
ON ICEI PROGRAM WITH CORTLAND YOUTH
BUREAU FOR THE 1999 HOLIDAY SEASON
Motion by Councilman O'Donnell
Seconded by Councilman Rocco
VOTES: ALL AYE ADOPTED
WHEREAS, a request was received from the Cortland Youth Bureau, asking the Town to
participate again this year in the Cortland I Holiday on Ices Program, therefore
BE IT RESOLVED, the Town Board does hereby desire participation in the I Holiday on
Icel Program for the 1999 Holiday Season and does hereby authorize paying the
suggested amount of $275.00 to accomplish the program.
RESOLUTION #244 REQUEST CORTLAND COUNTY LEGISLATURE TO
ADOPT A RESOLUTION TO ALLOW THE TOWN'S TO
KEEP THE INTEREST EARNED FROM THEIR TAX
COLLECTOR'S INTEREST BEARING BANK ACCOUNTS
Motion by Councilman Rocco
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board of the Town of Cort.landville hereby requests the
Cortland County Legislature adopt a resolution authorizing the interest earned from the
Town Tax Collector's interest bearing bank accounts, to remain at. the town levels.
DECEMBER 01, 1999 TOWN BOARD MEETING PAGE 5
Town Clerk, Karen Snyder, apprised the Board regarding Cynthia Monroe,
Supervisor of the Town of Solon. Ms. Monroe is requesting a resolution from area towns
to be able to keep interest earned from tax collector's interest bearing accounts. There is no
resolution in place at this time at. the County level.
Ms. Monroe will forward these resolutions to the County Legislature in hopes of a
favorable outcome for the towns. This issue was brought to the attention of the
Cort.landville Town Clerk, Karen Snyder, by the NYS auditors.
RESOLUTION #245 AUTHORIZE SUPERVISOR TO TRANSFER $35,441.21
FROM THE WATER FUND INTO THE CAPITAL
PROJECT FUND FOR NYS ROUTE 13 WATER
AND SAUNDERS RD. WATER PROJECTS
Motion by Councilman Rocco
Seconded by Councilman O'Donnell
VOTES: ALL AYE ADOPTED
WHEREAS, the bookkeeper has requested a cash advance to be transferred from the
Water Fund to the Capital Project Fund, for NYS Route 13 Water Improvement Project -
1999 and Saunders Rd. Water Improvement Project - 1998, therefore
BE IT RESOLVED, the Supervisor is hereby authorized and directed to transfer
$35,441.21 from the town's Water Fund to the Capital Project Fund, and it is further
RESOLVED, the Water Fund will be reimbursed when the above projects are bonded.
RESOLUTION # 246 AUTHORIZE SUPERVISOR TO TRANSFER $44.41
FROM THE SEWER FUND INTO THE CAPITAL
PROJECT FUND FOR FISHER AVENUE/
FAIRGROUND DRIVE SEWER PROJECTS
Motion by Councilman Rocco
Seconded by Councilman O'Donnell
VOTES: ALL AYE ADOPTED
WHEREAS, the bookkeeper has requested a cash advance to be transferred from the
Sewer Fund to the Capital Project Fund, for Fisher Avenue/ Fairground Dr. Sewer
Improvement Project - 1998, therefore
BE IT RESOLVED, the Supervisor is hereby authorized and directed to transfer $44.41
from the t.own's Sewer Fund to the Capital Project. Fund, and it is further
RESOLVED, the Sewer Fund will be reimbursed when the above project is bonded.
Attorney Folmer stated the proposed Local Law for Lockboxs is not on tonight's
agenda to adopt. He will have the necessary paperwork prepared for the meeting of
December 15, 1999 for the Board's consideration of adoption. He requested the Board's
assurance that no changes be made in the language as presented in tonight's meeting. The
Board agreed to no changes.
Councilman Rocco will be unable to attend the January 5, 2000 Organizational
meeting at 7:00 p.m. and requested the meeting be held on at 5:00 p.m. so he could attend.
RESOLUTION # 247 APPROVE THE ORGANIZATIONAL MEETING OF 2000
TO BE HELD ON JANUARY 5. 2000 AT 5:00 P.M.
Motion by Councilman Testa
Seconded by Councilman O'Donnell
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the organizational meeting for the year 2000 will be held on January
5, 2000 at 5:00 p.m. and it is further
RESOLVED, the Town Clerk will notify the Cortland Standard of the date and time.
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DECEMBER 01, 1999 TOWN BOARD MEETING PAGE 6
Councilman Testa made a motion, seconded by Councilman Rocco, to recess the
Regular Meeting to an Executive Session do discuss a personnel matter. All voting aye,
the motion was carried.
The meeting was recessed at 8:15 p.m.
The following information was received from the Supervisor's office.
Councilman O'Donnell made a motion, seconded by Councilman Rocco, to adjourn
the Executive Session and reconvene to the Regular Meeting. All voting aye, the motion
was carried.
RESOLUTION #248 AUTHORIZE SUPERVISOR TO ISSUE PAYMENT TO
APPOINTED TOWN CLERK, KAREN Q. SNYDER FOR
HER ACCRUED UNUSED VACATION DAYS
Motion by Councilman O'Donnell
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
WHEREAS, Town Clerk Pauline H. Parker retired May 1, 1999, Resolution #64 of 1999,
and
WHEREAS, Deputy Town Clerk, Karen Q. Snyder was appointed Town Clerk to fulfill
Mrs. Parker's expiring term, Resolution #65 of 1999, and
WHEREAS, Mrs. Snyder has accrued 42 1/2 unused vacation days which calculates as the
following:
1998 - 22 1 /2
1999 - 20 days, and
WHEREAS, the Town's Personnel Policy allows any full-time employee who terminates
their employment, entitlement to the vacation earned the previous year, plus the prorated
vacation earned in the calendar year in which their employment terminates, and
WHEREAS, the Cortland County Personnel Officer, Hugh Hurlbut has indicated Karen Q.
Snyder will be terminating her position as the appointed Town Clerk which is an employee
position, effective 12/31/99, due to becoming an elected official, commencing January 1,
2000, and
WHEREAS, the Cortland County Personnel Officer has also attested any elected official at
the town level is not entitled to the town's fringe benefits as provided, for any full-time
employee such as earned vacation time, longevity pay and earned sick time, therefore
BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to
issue payment to appointed Town Clerk, Karen Q. Snyder her 42 I/2 accrued unused
vacation days in the amount of $5,067.00 effective 12/31/99.
RESOLUTION #249 AUTHORIZE APPOINTED TOWN CLERK, KAREN Q.
SNYDER TO UTILIZE HER ACCRUED SICK LEAVE
DAYS TOWARDS PENSION CREDIT AT THE TIME
OF HER RETIREMENT
Motion by Councilman O'Donnell
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
WHEREAS, Town Clerk Pauline H. Parker retired May 1, 1999 Resolution #64 of 1999,
and
DECEMBER 01, 1999 TOWN BOARD MEETING PAGE 7
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WHEREAS, Deputy Town Clerk, Karen Q. Snyder was appointed Town Clerk to fulfill
Mrs. Parker's expiring term, Resolution #65 of 1999, and
WHEREAS, Mrs. Snyder has accrued 88 1/2 unused sick leave days since her
employment of October- 13, 1987, and
WHEREAS, the Town's Personnel Policy allows any full-time employee to use unused
sick leave days as extra pension credit at the time of their retirement, and
WHEREAS, Mr. Daruso of the NYS Retirement System has confirmed the Town of
Cortlandville has adopted, per Resolution #57 of 1988, Section 41-j of the NYS
Retirement, the allowance of unused sick leave days, and
WHEREAS, the Cortland County Personnel Officer, Hugh Hurlbut has indicated Karen Q.
Snyder will be terminating her position as the appointed Town Clerk which is an employee
position, effective 12/31/99, due to becoming an elected official, commencing January 1,
2000, and
WHEREAS, the Cortland County Personnel Officer has also attested any elected official at
the town level is not entitled to the town's fringe benefits as provided, for any full-time
employee such as earned vacation time, longevity pay and earned sick time, therefore
BE IT RESOLVED, the Town Board does hereby authorize appointed Town Clerk, Karen
Q. Snyder to utilize her 88 1/2 accrued unused sick leave days as extra pension credit at the
time of her retirement, and it is further
RESOLVED, this resolution will become effective December 31, 1999.
Councilman Rocco made a motion, seconded by councilman Testa, to adjourn the
regular meeting. All voting aye, the motion was carried.
The meeting was adjourned at 9:00 p.m.
Respectfully submitted,
c�J
Karen Q. Snyder
Town Clerk
Town of Cortlandville