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Home My WebLink About01-18-1995m Wednesday, January 18, 1995 5:00 P.M. 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 Raymond Thorpe presiding. Members present: Supervisor, Raymond Thorpe Councilman, Theodore Testa Councilman, Edwin O'Donnell Councilman, Ronal Rocco Town Clerk, Pauline Parker Absent: Councilman, John Pilato Others present were: Town Attorney, John Folmer; Highway Superintendent, Carl Bush; Town Typist, Edna Puzo; Attorney Folmer's Intern, Mary Lou Johnson; Town residents: Jeff Betters, Gerald Bush, Phil Davis, and newsreporter, Lisa Hutcherson. The Meeting was called to order by Supervisor Raymond Thorpe at 5:00 p.m. RESOLUTION #23 AUTHORIZE PAYMENT OF VOUCHERS JANUARY 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# 1 - 35 $13,684.64 General Fund B 1 - 2 $ 238.17 Highway Fund DB 1 - 23 $12,806.12 Water Fund 1 - 13 $ 2,449.31 Sewer Fund 1 - 9 $ 5,211.04 RESOLUTION #24 ACKNOWLEDGE ANNUAL REPORT OF TOWN CLERK FOR 1994 Motion by Councilman O'Donnell Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby acknowledge receiving the Annual Report for 1994 from the Town Clerk, and shall be received and filed. Attorney Folmer reported on the following: Submitted a copy of the letter sent to Mr. Kirk Schanzenbach of the Office of the State Comptroller with his response to their requested information concerning the Audit of Affairs of the Town of Cortlandville. Submitted 1995 contracts for the Lamont Memorial Library and TLC Ambulance Service, ready to be signed by the Supervisor. Requested the Town Board to adopt a resolution authorizing the filing of the petition for the North Crossing on Loope Road in the Blodgett Mills area. F� • 1 L� 11 JANUARY 18, 1995 TOWN BOARD MEETING PAGE 2 Information will be left for CEO, Bruce Weber, to review concerning the code violation in Blodgett Mills. Then the paperwork will be filed with Judge Kelsen. Privilege of the floor was granted to Mr. Gerald Bush of Hobart Hill Rd. Mr. Bush would like to put a double wide on his property for his son. This would be across the road from his residence on about 10 acres of land. He is the • closest neighbor. Does the moratorium effect him? Councilmen confirmed the moratorium for mobile homes was in effect. A discussion was held whereby he was advised to discuss this with our CEO, Bruce Weber, and apply for a Variance. The Variance procedure is reviewed, and action taken, by the Cortlandville Zoning Board Appeals. Privilege of the floor was also granted to Mr. Phillip Davis, 3663 Luker Road. He requested an explanation of the charges on his tax bill relating to water and sewer unit charge. Could they be reasonably adjusted. He has his own septic and well. His combined County, Town and Fire Tax is $409.50. The Water Benefit Tax is $444.48 and the Sewer Benefit Tax is $304.85. Supervisor Thorpe explained the procedure as to how the benefit tax is derived, on usage or one unit for every 100 ft. of road frontage, per parcel. Mr. Davis has 500 sq ft of road frontage, which is why his cost is more than most. Supervisor Thorpe stated that after reviewing the situation with Water Superintendent, Carl Bush, there could be some relief on his Sewer Benefit Tax, due to the fact that the Sewer line is across the road from his property and is not accessible to him. A discussion was held concerning this. RESOLUTION #25 AUTHORIZE REMOVAL OF 1995 SEWER BENEFIT TAX FOR PROPERTY OWNED BY PHILIP DAVIS ON LUKER ROAD Motion by Councilman Testa Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED WHEREAS, Philip Davis, 3663 Luker Road, Cortland, NY requested review of the water and sewer benefit tax charged to his property, and WHEREAS, upon review of the request, it was so ® determined that the Town's sewer line is across the road from his property, and not available to him, therefore BE IT RESOLVED, the Town Board does hereby authorize the removal of the sewer benefit tax levied on the 1995 tax bill for his property located at 3663 Luker Road, parcel #95.12-01-01.000, and in the future unless the situation should change, and FURTHER RESOLVED, that a refund shall be issued in the amount of $304.85, after the current 1995 tax bill is paid, as received. Councilman O'Donnell reported that he has audited the Town Clerk's books of 1994, and everything is in order. 12 JANUARY 18, 1995 TOWN BOARD MEETING PAGE 3 Councilman Testa reported that he has audited the Justice Department books of 1994, and everything is in order. Supervisor Thorpe brought up for discussion, the letter received from Supt. Doug Withey of the City of Cortland Water Board. The letter referred to water quality issues and suggested combining water services of the Town and City. A discussion was held whereby the Town Board requested Supervisor Thorpe to respond to the letter and request further information. Any obvious benefit to the Town should be considered. Attorney Folmer reviewed the letter, dated January 16, 1995, received from Mr. Jack Buttino, representing the Town on the Cortland Cable Commission. He advised that he had reviewed the proposed Franchise Renewal Agreement with Fanch Communications of New York, L.P. Mr. Buttino recommended a change of the wording of sections 11.11 and 19.5. Also received was a letter dated January 17, 1995 from Thomas J. Casey, General Manager of Empire Cablecomm, confirming the change of the wording of sections 11.11 and 19.5. Attorney Folmer advised that it would be necessary to conduct a Public Hearing regarding the franchise renewal. RESOLUTION #26 SET DATE FOR PUBLIC HEARING FOR CABLE FRANCHISE RENEWAL AGREEMENT Motion by Councilman Testa Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED WHEREAS, Sammons Communications Inc. had a ten year Franchise Agreement with the Town of Cortlandville to provide Cable Television service within the Town, and WHEREAS, Per Resolution #172, adopted on November 2, 1994, the Town Board authorized the transfer of the Franchise Agreement from Sammons Communications of New York Inc. to Fanch Communications of New York, L. P., and WHEREAS, the sale has occurred and Fanch Communications of New York, L.P. has submitted a proposed ten year renewal agreement with the Town, therefore BE IT RESOLVED, that Public Hearing shall be held on February 01, 1995, at 7:00 p.m. to review the Cable Franchise Agreement renewal. RESOLUTION #27 APPROVE 1995 CONTRACT WITH T.L.0 EMERGENCY MEDICAL SERVICES INC. Motion by Councilman Testa Seconded by Councilman O'Donnell Apposed by Councilman Rocco BE IT RESOLVED, the 1995 contract between the Town and TLC Emergency Medical Services Inc. is hereby approved at a cost of $6,377.00, and the Supervisor is hereby authorized and directed to sign, and • • 1 RESOLVED, such contract shall be received and filed. M JANUARY 18, 1995 TOWN BOARD MEETING PAGE 4 RESOLUTION #28 APPROVE 1995 CONTRACT WITH LAMONT MEMORIAL LIBRARY Motion by Councilman Rocco Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED, the 1995 contract between the Town and Lamont Memorial Library is hereby approved at an annual cost of $4,980.00, and the Supervisor is hereby authorized and directed to sign, and ® RESOLVED, such contract shall be received and filed. RESOLUTION #29 APPOINT SCOTT FRIEDAH TO THE CORTLAND COUNTY YOUTH BUREAU'S YOUTH BOARD TO EXPIRE DECEMBER 31, 1997 Motion by Councilman Testa Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED, that the Town Board does hereby appoint Scott Friedah, 3296 Clute Road, Cortland, NY to the Cortland County Youth Bureau's Youth Board for a three year term effective January 01, 1995, and will expire December 31, 1997. RESOLUTION #30 AUTHORIZE CARL BUSH TO PROCEED WITH HIGHWAY GARAGE EXPANSION, PHASE 2 AND LET OUT BIDS FOR SAID PROJECT Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, that Highway Supt., Carl Bush, is hereby authorized to proceed with Highway Garage Expansion, Phase 2, and let out bids for Phase 2 of the project, not to exceed $100,000.00. RESOLUTION #31 AUTHORIZE TOWN ATTORNEY TO FILE A PETITION CONCERNING THE NORTH END RAILROAD CROSSING ON LOOPE ROAD Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Attorney is hereby authorized and directed to prepare a petition for filing concerning the North End Railroad Crossing on Loope Road. Mary Lou Johnson expressed gratitude for all Department Heads that have worked with her. Councilman Testa made a motion, seconded by Councilman Rocco, to adjourn the regular meeting. All voting aye, the motion was carried. The meeting was adjourned at 5:40 p.m. Resp�ctfu]a s mitted, raauli4ne-H. Parker, CMC Town Clerk Town of Cortlandville