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HomeMy WebLinkAbout02-05-1992188 Wednesday, February 5, 1992 7:00 P.M. TOWN BOARD MEETING The Regular Meeting of the Town Board of the Town of Cortlandville was held at 7:00 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, Edwin O'Donnell Councilman, Theodore Testa Councilman, Ronal Rocco Town Clerk, Pauline Parker Absent: Supervisor, Melvin Pierce Others present were Town Attorney, Phillip Rumsey; Highway Superintendent, Carl Bush; Assessor, David Briggs; Typist, Edna Puzo; Livia Natale of Cortland Motor Court; and John and Kay Murdock. The meeting was called to order by Deputy Supervisor Raymond Thorpe following the Pledge of Allegiance to the Flag. Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and file the Planning Board Minutes of January 09, 1992. All voting aye, the motion was carried. RESOLUTION # 38 AUTHORIZE PAYMENT OF VOUCHERS FEBRUARY Motion by Councilman Rocco Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED, that the vouchers submitted have been audited and shall be paid as follows: General Fund A Vouchers #25-47 $ 6,464.19 General Fund B # 5- 8 $ 3,872.43 Highway Fund # 6-23 $ 9,294.42 Water Fund #12-20 $ 56,736.71 Sewer Fund # 9-15 $123,023.67 Capital Projects # 4- 5 $ 189.09 Deputy Supervisor Raymond Thorpe offered the privilege of the floor to Mrs. Livia Natale, owner of Cortland Motor Court Motel, located on Tompkins St. Ext. Deputy Supervisor Raymond Thorpe read a letter from Mrs Livia Natale, addressed to the Town Board. It advised of a water line break at their Motel and are asking for an adjustment on their sewer bill for the period from July thru October. Because the water went into the ground and not in the sewer when the water line broke, they have made this request. She enclosed last years bills and this years bills to compare. Mrs. Natale confirmed the contents of the letter, and appeared tonight to answer any questions the Town Board might have. A discussion was held concerning this. 1 1 1 18 1�.-) FEBRUARY 5, 1992 Page 2 RESOLUTION # 39 AUTHORIZE WATER SUPERINTENDENT, CARL BUSH TO REVIEW THE RECORDS AT THE CORTLAND MOTOR COURT Motion by Councilman Rocco Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED WHEREAS, Mrs Livia Natale,owner of the Cortland Motor Court sent a letter to the Town Board to address the of her sewer bill at her property during the period from July thru October, and WHEREAS, Mrs. Natale is willing to pay for the water, lost due to the break, but has requested an adjustment on the sewer charge only because the water went into the ground instead of into the Town's sewer lines, therefore BE IT RESOLVED, that Water Superintendent, Carl Bush is hereby requested to review the situation and the history of the account of the Cortland Motor Court, and issue a reasonable refund, if appropriate. Privilege of the floor was granted to John Murdock, developer of Murdock Estates and Cedar Crest. Mr Murdock voiced his concerns of the cost for Water Benefit Tax on his current tax bills for the vacant Properties owned by him in his approved subdivisions. He reported that he paid $91,000.00 to install water and sewer lines, as required. Now he is being charged $3,000.00 by the Town for these lines. In some instances, the water benefit tax exceeds the total cost of Town and County Taxes. A discussion was held concerning the method for establishing the Benefit Tax program. Assessor David Briggs, explained the pro's and con's of the program. Due to increased water and sewer programs, the cost has escalated. The present economic situation has compounded the Problem for developers. When questioned as to what action he was requesting from the Town Board, no comments were heard. Deputy Supervisor Thorpe stated that he will discuss and review the current process with those involved, and will report his findings to the Town Board. Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and file the Historian's Annual report for 1991. All voting aye, the motion was carried. Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and file Resolution #24 from the Cortland County Legislature, concerning the dog quarantine. All voting aye, the motion was carried. The annual dog quarantine shall be in effect until April 15th for the whole county. Councilman Rocco made a motion, seconded by Councilman O'Donnell, to receive and file a letter from Carl Edlund, County Treasurer, concerning the parcel of land in Blodgett Mills that the Town Purchased. All voting aye, the motion was carried. The letter is in regards to parcel #97.04-02-05.110 which was split into 3 parcels, located on Kellogg Road. The Town purchased two of the parcels from James P. Byrnes. Taxes for the year 1991 remain unpaid for the whole parcel. 190 FEBRUARY 5, 1992 Page 3 Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and file correspondence from Joseph M. Vellano, President, Vellano Bros., Inc., concerning Piccirilli Bros. All voting aye, the motion was carried. The correspondence was a Notice of a Mechanic's Lien filed by Vellano Bros. against Piccirilli Bros., contractors for the Groton Avenue and Route 281 Sewer Project. RESOLUTION # 40 ADOPT WATER AND SEWER BENEFIT TAX FOR THE TOWN OF CORTLANDVILLE Motion by Councilman Rocco Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED WHEREAS, the Town of Cortlandville adopted to have a Townwide Water District and Townwide Sewer District, and WHEREAS, the properties served by the Town improvements shall be charged a Special Benefit Tax, in accordance with New York State Law, via the Tax Collection process, and THEREFORE BE IT RESOLVED, the following sewer and water benefit system is hereby applied: The purpose of the Sewer and Water Benefit System is to establish the basis for calculating the relative benefit to individual properties served by Town sewer and/or water improvements. Properties served by the Town improvements will be charged special assessments, based on benefit, to finance the annual capital improvement costs. The benefit system establishes a numerical unit value for the degree of benefit to each parcel of property. The special assessment rate is established by dividing the total estimated capital costs for the forthcoming year, which includes bond principle and interest, by the Townwide aggregate value of the benefit units. The number of benefit units for each parcel shall be calculated in accordance with one of the following methods. Whichever method results in the largest number of units, will be the method used. 1). One unit will be established for each 75,000 gallons of metered water and/or sewer use. 2). One unit will be established for each dwelling unit, apartment unit, condominium unit or mobile home served. 3). One unit will be established for each 100 feet of property frontage served, up to 500 feet. Parcels over 100 feet will be assessed one unit per foot of frontage rounded to the nearest ten feet. Frontage in excess of 500 feet will be assessed at one half (1/2) a unit for each extra 100 feet of frontage. 4). Where corner lots are served on two sides, the longest side shall be used to establish the benefit units(s). 191 February 5, 1992 Page 4 5). Where physical characteristics such as adverse topography, flooding, bodies of water and wetlands prelude utilization of the benefit otherwise available to the property owner, the Town Board may vary the application of the section of the benefit system. 6). Special consideration will be given only upon written request from the property owner, to be approved by the Town Board. 7). There will be a minimum of a one unit charge per parcel. Councilman O'Donnell made a motion, seconded by Councilman Rocco, to receive and file a copy of the distribution of Sales Tax of Cortland County for fiscal year 1992. All voting aye, the motion was carried. Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and file a letter of notification that Charles R. & Constance D. Timmerman, owners of Willowbrook Golf Course will be renewing their seasonal liquor license. All voting aye, the motion was carried. Councilman Testa made a motion, seconded by Councilman O'Donnell, to receive and file a memorandum from Wilkie Farr & Gallagher stating the new State Law effective January 1, 1992 for the process of bidding and applies to new retainers only. All voting aye, the motion was carried. RESOLUTION # 41 AUTHORIZATION TO ADVERTISE FOR BIDS ON THE BLUE CREEK WATER TANK PROJECT, CONTRACT NO OF 1992 Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, that authorization is hereby granted to Town Engineer, Hayne Smith, to advertise for bids on the Blue Creek Water Tank Project, Contract No.2 of 1992, which is the final contract for the water tank construction, and BE IT FURTHER RESOLVED, that Bids will be opened on March 17, 1992, and award the bid on March 18, 1992 at 5:00 p.m. RESOLUTION # 42 APPROVE REQUEST FROM MCGRAW CENTRAL SCHOOL DISTRICT TO USE TOWN'S VOTING MACHINE Motion by Councilman O'Donnell Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED WHEREAS, the McGraw Central School District requested the use of the Town's voting machine for a window project which will be held Wednesday, February 26, 1992, and BE IT RESOLVED, that approval be granted to the McGraw School District for the use of the Town's voting machine for their window project. FEBRUARY 5, 1992 Page 5 RESOLUTION # 43 AUTHORIZE EXTENSION OF TIME FOR TAX COLLECTOR TO JUNE 1, 1992 Motion by Councilman O'Donnell Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED BE IT RESOLVED, that the Deputy Supervisor is hereby authorized and directed to sign and forward the request for extension of the tax collection until June 1, 1992, to 'the County Treasurer in compliance with Section 938 of the Real Estate Property Tax Law. A discussion was held concerning the problems and the Code violations of the property at 260 Tompkins Street. Code Enforcement Officer, Bruce Weber has written a letter to Mr Newell Willcox with his concerns and requested that he attend the Planning Board meeting on January 28, 1992, to address these. He did not come to the meeting. Other violations that Mr. Weber addressed were: there has been no Certificate of Occupancy issued, no final electrical certificate has been submitted and the sprinkler system is not functional. Highway Superintendent, Carl Bush reported that the Town has not supplied the pipe yet, to install for the sprinkler system, due to the weather. As of now there is a domestic water line to the building but that does not have the pressure to use the sprinkler system. Councilman O'Donnell suggested that the Town Board minutes be researched to see what was agreed upon in the past. Deputy Supervisor, Ray Thorpe stated that he would speak to Supervisor, Melvin Pierce about the problems and then speak to Mr Newell Willcox. RESOLUTION # 44 AUTHORIZE HIGHWAY SUPERINTENDENT TO PURCHASE A NEW ONE TON DUMP TRUCK BY STATE BID Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, that the Highway Superintendent, Carl Bush is hereby authorized to purchase a new, One Ton Dump Truck for the Highway Dep't. from the State Bid list. RESOLUTION # 45 AUTHORIZE WATER DEPARTMENT TO PURCHASE A NEW PICK UP TRUCK BY STATE BID Motion by Councilman O'Donnell Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED BE IT RESOLVED, that Carl Bush is hereby authorized to purchase for the Water Department a new Pick Up Truck from the State Bid list. FEBRUARY 5, 1992 Page 6 193 1 1 1 Highway Superintendent, Carl Bush, stated that the Sheriffs Department has discussed with him the importance of the Town adopting a Parking Ordinance for the Town. If this were done, any tickets that were issued in the Town, the monies received would stay in the Town. The matter was referred to Town Attorney, Phillip Rumsey, and he was requested to report back to the Board his findings. Councilman Rocco made a motion, seconded by Councilman Testa to recess the regular meeting and convene to an executive session. All voting aye, the motion was carried. The following information was received from the Supervisor's Office: Councilman O'Donnell made a motion, seconded by Councilman Testa, to adjourn the Executive Session and reconvene the regular meeting. No action was taken Councilman O'Donnell made a motion, seconded by Councilman Testa to adjourn the meeting. All voting aye, the motion was carried. The meeting was adjourned at 8:45 p.m. Resp ctfulLy sub tted, Pauline H. Parker, CMC Town Clerk Town of Cortlandville