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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. 178 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. I- I �l U DECEMBER-Q1, ,t999 7:25-P.M. J 1 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. 180 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. 1 1 1 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. 182 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. A4 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 11815 1 1 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