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.
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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.
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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).
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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
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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