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Home My WebLink About12-04-1991160 Wednesday, December 4, 1991 7:30 P.M. PUBLIC HEARING LOCAL LAW NO. 2 OF 1991 - ALTERNATIVE VETERAN EXEMPTION A Public Hearing was held by the Town Board of the Town of Cortlandville on December 4, 1991 at 7:30 p.m. at the Town Hall, 15 Terrace Road, Cortland, New York, concerning Local Law No. 2 of 1991, The Alternative Veterans Exemption. Members Present: Deputy Supervisor Raymond Thorpe Councilman Theodore Testa Councilman Edwin O'Donnell Councilman Ronal Rocco Town Clerk Pauline Parker Absent: Supervisor Melvin Pierce Others present were: Town Assessor, David Briggs; Town Engineer, Hayne Smith; Newsreporter, Laura Jones; .and several Town residents, John Petrella, Bob Petrella, Tom Gallagher, Brent Riley. Deputy Supervisor, Raymond Thorpe called the Public Hearing to order at 7:30 p.m. The Town Clerk read the Legal Notice, as posted and filed. Deputy Supervisor summarized the revisions of this law to those in attendance. A Veteran of war shall be exempt to the extent of 15% of the assessed value of the property assuming that the exemption will not exceed the lesser of $6,000. or the product of $6,000., times the equalization rate. If the Veteran has served in a combat zone then there is an additional 10% which will be added, not to exceed $4,000. or the product of $4,000., times the equalization rate. If a Veteran is disabled, the Veteran would be eligible for 50% of the Veterans Disability Rating. That exception could not exceed $20,000. The Town Assessor has computed what it would cost the Town. The exemption currently totals 2 million dollars in assessed valuation and if it is multiplied by the 'tax rate it will mean that the Town will have to make up $8,413.00 from other property owners in the district. There are people in the Town who now receive the exemption for County purposes but not for Town purposes. Deputy Supervisor, Raymond Thorpe offered privilege of the floor to those in attendance. No comments or questions were heard. The Public Hearing closed at 7:35 p.m. 1 1 Wednesday, December 4, 1991 7:30 P.M. TOWN BOARD MEETING The Regular Meeting of the Town Board of the Town of Cortlandviile was held on December 4, 1991 at 7:30 p.m. at the Town Hall, 15 Terrace Road, Cortland, New York, with Deputy Supervisor Raymond Thorpe presiding. Members present: Deputy Supervisor Raymond Thorpe Councilman Theodore Testa Councilman Edwin O'Donnell Councilman Ronal Rocco Town Clerk Pauline Parker Absent: Supervisor Melvin Pierce Others present were: Town Assessor, David Briggs; Town Engineer, Hayne Smith; Newsreporter, Laura Jones; and several Town residents, John Petrella, Bob Petrella, Tom Gallagher, and Brent Riley. The Regular Meeting was called to order by Deputy Supervisor, Raymond Thorpe at 7:35 p.m., followed by a Public Hearing concerning the Alternative Veterans Exemption. Deputy Supervisor Thorpe requested all those in attendance to rise and Pledge Allegiance to the Flag. A motion was made by Councilman O'Donnell, seconded by Councilman Testa, to approve the minutes of August 21, 1991 and September 04, 1991 as written. All voting aye, the motion was carried. RESOLUTION #226 AUTHORIZE PAYMENT OF VOUCHERS - DECEMBER Motion by Councilman O'Donnell Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED BE IT RESOLVED, the vouchers have been submitted and shall be paid as follows: General Fund A Vouchers #414-430 $ 4,803.62 General Fund B 130-134 3,870.86 Highway Fund 391-410 10,846.27 Water Fund 236-238 293.86 Sewer Fund 109-112 603.25 Capital Projects 131-134 3,428.75 Privilege of the floor was granted to David Horton of B & H Office Equipment. He discussed a maintenance contract for all the computers and printers of Town Offices for 1992. Mr. Horton submitted information with prices for various items on a computer that occasionally cause problems. He discussed the advantages of their services. Privilege of the floor was granted to John and Bob Petrella, owners of Petrealla Bros, located on Luker Road. 162 Wednesday, December 4, 1991 PAGE 2 They requested information of the availablitiy for them to connect to the Towns sewer lines for their property on Luker Road. A discussion followed whereby they were advised the nearest sewer line available to them would come from Route 281. At this time there are no immediate plans to extend the lines. Privilege of the floor was granted to Brent Riley, owner of Graph -Tex. Mr. Riley is currently looking to relocate his business to 3809 Luker Road. The necessary requirement for the relocation and expansion of his business, is access to the municipal sewer system, which currently is not available to this property. A letter was also presented from Karl D. Ochs, Preident of Bestway Enterprises, requesting the sewer lines to be extended on the Luker Road. A motion was made by Councilman Rocco, seconded by Councilman O'Donnell, to receive and file the letters from Karl Ochs of Bestway Enterprises, Inc. and from Brent Riley of Graph -Tex, Graphic Design. All voting aye, the motion was carried. A discussion was held whereby the Town Board advised those in attendance of the process that was accomplished in the past when a business had made a similar request. The lines were extended when the property owners agreed to a cost sharing plan for extending the sewer lines. The Town Board requested the Town Engineer, Hayne Smith, to prepare a general estimate of the cost to extend the sewer lines to the properties that have requested the sewer extension. Councilman O'Donnell reported that Nancy Jarvis of the County Planning Dept., invited members of the Town Board to attend an informational meeting at the County Office Building on December 5, 1991 at 7:30 p.m. to hear the progress report on SCM. Deputy Supervisor Thorpe made a public announcement in regards to the Pine View Apartments. The Sheriff's Dept. has been contacted several times by residents of the apartment building complex. Because the driveways are not being plowed, they are upset. The Sheriff's Dept. told the residents that it is not their responsibility to plow, nor is it the Towns responsibility. The driveway is a private drive and therefore it is the responsibility of the owner. Deputy Supervisor Thorpe has suggested that the students call the Director of Residence Life at SUNY and complain to him. He also reported that the design of the road did not meet Town specifications. There will be a real problem if we get a heavy snow fall, as there is no place to put the snow. A motion was made by Councilman Testa, seconded by Councilman O'Donnell, to receive and file a copy of a letter from David Plew, Chairman of the Zoning Board of Appeals, to Attorney Emerson R. Avery, Jr. in regards to a Special Meeting held on October 16, 1991 at 4:00 p.m. All voting aye, the motion was carried. The letter was in regards to the interpretation by the Zoning Board of Appeals regarding antenna/towers within the Town. Wednesday, December 4, 1991 PAGE A motion was made by Councilman Testa, seconded by Councilman O'Donnell, to receive and file a letter from David Plew, Chairman of the Zoning Board of Appeals, to Town Supervisor, Melvin Pierce. All voting aye, the motion was carried. The letter requested the Town Board members to clarify and possibly adopt new regulations regarding radio antenna/towers and their height limitations for accessory use. A motion was made by Councilman O'Donnell, seconded by Councilman Testa, to receive and file a copy of a letter from Jeff Ten Eyck of the Cortland County Soil and Water Conservation District to Katherine Wickwire, Chairperson on the Cortlandville Planning Board. All voting aye, the motion was carried. The letter was in regards to stormwater management and erosion/sediment control. A motion was made by Councilman Testa, seconded by Councilman O'Donnell, to receive and file a letter from Wal-Mart Stores, Inc. All voting aye, the motion was carried. The letter was in regards to the new Wal-Mart Store opening in Cortlandville, which will give approximately 185 area residents new jobs. A motion was made by Councilman O'Donnell, seconded by Councilman Testa, to receive and file a letter from Sammons Communications of New York, Inc. All voting aye, the motion was carried. The letter advised their rates for services would increase, effective January 1, 1992. RESOLUTION #227 STATEMENT OF COMPLETION FOR FAIRVIEW DRIVE/MCLEAN ROAD WATER PROJECT 1990 Motion by Councilman Rocco Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, that the Statement of Completion for the Fairview Drive/McLean Road Water Improvement Project- 1990 is hereby accepted in the amount of $263,954.96 and shall be received and filed. A motion was made by Councilman Rocco, seconded by Councilman Testa, to receive and file a copy of a letter from Town Attorney Phillip R. Rumsey to Attorney, William J. Pomeroy. . All voting aye, the motion was carried. The letter related to the proposed sewer easement documents with Nancy R. Ambrose within their subdivision. A motion was made by Councilman O'Donnell, seconded by Councilman Testa, to receive and file a copy of the letter sent by Deputy Supervisor Raymond Thorpe to William J. Dwyer, NYS DEC, concerning the Luker Road Team Track Project. All voting aye, the motion was carried. 164 Wednesday, December 4, 1991 PAGE 4 RESOLUTION #228 ADOPT LOCAL LAW NO 2 OF 1991 - ALTERNATIVE VETERANS EXEMPTION Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT ENACTED, by the Town Board of the Town of Cortlandville as follows: SECTION 1. The purpose of this Law is to reduce the maximum veterans exemption allowable pursuant to Section 458-a of the Real Property Tax Law of the State of New York. SECTION 2.(a) Qualifying residential real property shall be exempt from taxation to the extent of fifteen percent(15%) of the assessed value of such property; provided, however, that such exemption shall not exceed the lesser of Six Thousand Dollars ($6,000.00) or the product of Six Thousand Dollars ($6,000.00) multiplied by the latest state equalization of the Town of Cortlandville. (b) In addition to the exemption provided by paragraph (a) of this subdivision, where the veteran served in a combat theatre or combat zone of operations, as documented by the award of a Untied Stated campaign ribbon or service medal, qualifying residential real property also shall be exempt from taxation to the extent of ten percent (10%) of the assessed value of such property; provided, however, that such exemption shall not exceed the lesser of Four Thousand Dollars ($4,000.00) or the product of Four Thousand Dollars ($4,000.00) multiplied by the latest state equalization rate of the Town of Cortlandville. (c) In addition to the exemptions provided by paragraph (a) and (b) of this subdivision, where the veteran received a compensation rating from the United States veteran's administration because of a service connected disability, qualifying residential real property shall be exempt from taxation to the extent of the product of the assessed value of such property multiplied by fifty percent (50%) of the veteran's disability rating; provided, however, that such exemption shall not exceed the lesser of Twenty Thousand Dollars ($20,000.00) or the product of Twenty Thousand Dollars ($20,000.00) multiplied by the latest state equalization rate of the Town of Cortlandville. SECTION 3. Local Law Number 2 for the Year 1984 for the Town of Cortlandville, wherein the Town elected not to have the exemption of said Section 458-a, is hereby repealed. SECTION 4. This Local Law shall take effect immediately upon its filing with the Secretary of State. 0 J 0 Wednesday, December 4, 1991 PAGE 5 RESOLUTION #229 AUTHORIZE AND DIRECT HIGHWAY SUPERINTENDENT TO BE RESPONSIBLE FOR BILLING AMBROSE FOR STREET LIGHTS Motion by Councilman Rocco Seconded by Councilman Testa VOTES: ALL AYE ADOPTED WHEREAS, the Town of Cortlandvilie established a lighting district for the Ambrose subdivision,as per requested by Ambrose, and WHEREAS, the Town has a contract with Nancy Ambrose for this purpose, therefor the monies would not be collected via tax collection as a benefit tax, and WHEREAS, the Highway Sup't., Carl Bush has been involved with the highway lighting concerns of the Town, therefore BE IT RESOLVED, the Highway Superintendent is hereby authorized and directed to be responsible for billing the responsible parties involved, per the contract, for the street lights in the Renaissance Subdivision, located off of Route 281, in compliance with Cortlandville Lighting District #1. RESOLUTION #230 APPROVAL TO DISPOSE OF OBSOLETE RECORDS IN ACCORDANCE WITH RECORDS RETENTION AND DISPOSITION SCHEDULE Motion by Councilman Rocco Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED WHEREAS, records stored within the files of the Town Clerk have been reviewed and determined eligible for disposal in accordance with the Records Retention and Disposition Schedule MU-1, therefore BE IT RESOLVED, that the Town Board does hereby authorize disposal of obsolete records, per list submitted, dated December 4, 1991. RESOLUTION #231 AUTHORIZE HIGHWAY DEPT. TO PURCHASE NEW LOADER FROM STATE BID CONTRACT Motion by Councilman O'Donnell Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Highway Superintendent is hereby authorized to purchase a new loader from the State bid contract, not to exceed $93,000.00. RESOLUTION #232 AUTHORIZE HIGHWAY NIGHT RATE FOR 1991/1992 WINTER RAISE TO $1.00 PER Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, that authorization be granted to increase the night rate for highway personnel of the 1991/1992 winter season from $.50 to $1.00 per hour, to be effective December 9, 1991. 166 Wednesday, December 4, 1991 PAGE 6 RESOLUTION #233 AUTHORIZATION FOR THE WATER DEPT. TO GO OUT TO BID FOR WATER METERS Motion by Councilman Testa Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED, the authorization is granted for the Water & Sewer Superintendent to go out to bid for water meters, and BE IT FURTHER RESOLVED, that bids will be opened January 10, 1992 at 3:00 p.m., and award the bid on January 22, 1992. RESOLUTION #234 AUTHORIZATION TO RELEVY THE DELINQUENT WATER AND SEWER ACCOUNTS ON THE 1992 TAX ROLL Motion by Councilman Rocco Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, that authorization be granted to relevy the delinquent water and sewer accounts on to the 1992 tax roll. A motion was made by Councilman O'Donnell, seconded by Councilman Testa, to receive and file a letter from Mr. Harry Newcomb, President of Newcomb Motors, Inc. to Mr. Tony Piccirilli, President of Piccirilli Bros. General Contractors, Inc. All voting aye, the motion was carried. The letter is in reference to a broken window at Newcomb Motors, Inc. due to a flying stone from nearby construction of Piccirilli Bros. installing Town sewer lines. RESOLUTION #235 AUTHORIZE TIME CHANGE FOR TOWN BOARD MEETINGS FOR 1992 Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, that the Regular Town Board Meeting held on the first Wednesday of the month will be held at 7:00 p.m. instead of 7:30 p.m. , and the mid month meeting shall be held at 5:00 p.m. instead of 5:30 p.m., effective January 1, 1992. RESOLUTION #236 SET DATE FOR THE FIRST TOWN BOARD MEETING OF THE YEAR OF 1992 Motion by Councilman Testa Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED WHEREAS, the first Wednesday of 1992 falls on Wednesday, January 1, 1992, New Years Day, therefore BE IT RESOLVED, the regular Town Board meeting of the 1992 year will be held on the second Wednesday, January 8, 1992 at 7:00 p.m. and on January 22, 1992 at 5:00 p.m. 1 Wednesday, December 4, 1991 PAGE 7 RESOLUTION #237 AUTHORIZATION TO ACCEPT 1991 VOUCHERS UP TO JANUARY 3. 1992 Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, that all vouchers will be accepted up to January 3, 1992 to be paid out of the 1991 budget, and further RESOLVED, that vouchers received after January 3, 1992 will be paid out of the 1992 budget. A motion was made by Councilman O'Donnell, seconded by Councilman Testa, to recess the regular meeting and convene to an executive session, in the matter of litigation. All voting aye, the motion was carried. The following information was received from the Deputy Supervisor: Councilman Rocco made a motion, seconded by Councilman O'Donnell to adjourn the Executive session and reconvene the Regular meeting. No action was taken. Councilman Rocco made a motion, seconded by Councilman Testa, to adjourn the meeting. All voting aye, the motion was carried. The meeting was adjourned at 9:00 p.m. Respectfully Submitted, Pauline H. Parker, CMC Town Clerk Town of Cortlandville 1