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HomeMy WebLinkAbout04-17-199625 is 1 C APRIL 17, 1996 The Regular of Cortlandville Road, Cortland, presiding. 5:00 P.M. TOWN BOARD MEETING Meeting of the Town Board of the Town was held at the Town Hall, 3577 Terrace New York, with Supervisor Raymond Thorpe Members present: Supervisor, Councilman, Councilman, Councilman, Councilman, Town Clerk, Raymond Thorpe Theodore Testa Edwin O'Donnell Ronal Rocco John Pilato Pauline Parker Others present were: Town Attorney, John Folmer; Highway Supt, Carl Bush; Town Typist, Edna Puzo; Attorney Robert Shafer, with William McDermott of Woods Edge, and news reporter Sarah Fulmer. Supervisor Thorpe called the meeting to order at 5:00 p.m. RESOLUTION #89 AUTHORIZE PAYMENT OF VOUCHERS APRIL Motion by Councilman O'Donnell Seconded by Councilman Pilato VOTES: ALL AYE ADOPTED BE IT RESOLVES, that the vouchers submitted have been audited and shall be paid as follows: General Fund A Vouchers# 241 - 275 $15,774.07 General Fund B .00 Highway Fund DB 145 - 166 $17,671.13 Water Fund 85 - 98 $ 7,621.04 Sewer Fund 61 - 73 $ 4,237.71 Privilege of the floor was given to Attorney Robert Shafer. He discussed William McDermott's subdivision "Woods Edge" and the public water system requirement. He has discussed this situation with the Town's Code Enforcement Officer and the County Health Dept. Mr. McDermott has consolidated 4 lots into 2 lots and has sold one of the consolidated lot to a neighbor. The Subdivision now is only 23 lots, which could be considered under a different criteria, relating to the requirement of public water. The cost of installing a public water system is prohibitive. Mr. McDermott would like the Town to waive the public water supply requirement, per correspondence of April 4, 1996. This would allow for private wells, approved by the County Health Dept. RESOLUTION #90 AUTHORIZE WAIVER OF NYCRR PART 74.5 (a)(1) PUBLIC WATER REQUIREMENT FOR WOODS EDGE SUBDIVISION Motion by Councilman Testa Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED WHEREAS, Woods Edge Subdivision was approved and filed in 1991, with 26 approved lots which required a public water system, to conform with County Health Dept. requirements, and 226 APRIL 17, 1996 TOWN BOARD MEETING PAGE 2 WHEREAS, changes have occurred within the approved subdivision, four of the lots have been combined into two lots, and one lot was sold to an adjoining property owner with land bordering on Hoy Road, leaving a total of 23 lots, and WHEREAS, a subdivision with twenty three lots changes the criteria for whether a public water supply is required, and the cost for installing a public water system in this subdivision is prohibitive, and WHEREAS, the owner and applicant, William McDermott has submitted a request to the Town Board to waive the public water supply requirement, and WHEREAS, information. was submitted whereby such request has been reviewed by the Town Code Enforcement Officer and the Cortland County Board of Health, therefore BE IT RESOLVED, the Town Board does hereby approve the waiver of water requirements pertaining to the Woods Edge Subdivision, pursuant to Health Dept. Regulations, NYCRR Part 74.5(a)(1) Reports of March, 1996 from the Justice Dept. and the 2nd Quarter Water and Sewer Report of 1996, are on the table .for review and are available upon request, in the Town Clerks Office. RESOLUTION ##91 .AUTHORIZE CHANGE OF WATER BENEFIT UNIT CHARGE FOR PROPERTY OWNED BY CORTLAND COUNTY ON ROUTE 222 Motion by Councilman Testa Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED WHEREAS, Cortland County Officials have requested a review and consideration, of the water benefit unit charge for their airport property located on Route 222, as this charge, in the amount of $1,795.89, has been received by them for the first time, and WHEREAS, this charge has occurred because this past year the Town has extended and installed, the Town's water lines on Route 222, which now encompasses all properties, as identified by such project, to be charged a benefit tax in accordance with the adopted formula, and were charged 19.2 units, based on road frontage, and WHEREAS, upon request of the Town Board, Town Assessor, David Briggs, has reviewed the Airport Water Benefit Tax charge, and recommended per memo of April 12, 1996, that the number of units be reduced to three, which equals the number of water services used at that location, therefore, BE IT RESOLVED, The Town Board does hereby authorize a change of the Water benefit tax formula for tax map parcel 85.20-01-19.00-1, and shall be charged in accordance with the number of services only, effective for the 1996 tax year, and RESOLVED, the County shall be required to adhere to the payment process relating to benefit tax, which requires payment to be made, including penalties, and a refund voucher shall be processed after payment received. �27 APRIL 17, 1996 TOWN BOARD MEETING Attorney Folmer reported on the following: PAGE Legal Notice for Route 215 Water Tank Connection Project - 1996: Due to the Easter Holiday, there was not enough time needed, 10 days, to post before the Public Hearing could be held, as scheduled. The Resolution adopted on April 03, 1996 pertaining to this should be rescinded. RESOLUTION #92 RESCIND RESOLUTION #85 ADOPTED ON • APRIL 03, 1996 Motion by Councilman Rocco Seconded by Councilman Pilato VOTES: ALL AYE ADOPTED BE IT RESOLVED, Resolution #85 adopted by this Town Board on April 03, 1996, is hereby rescinded. RESOLUTION #93 ADOPT ORDER PURSUANT TO TOWN LAW SECTION 209-q(3) "ROUTE 215 WATER TANK CONNECTION PROJECT - 1996" Motion by Councilman Testa Seconded by Councilman Pilato VOTES: ALL AYE ADOPTED WHEREAS, there were filed and made available for public inspection in the Office of the Town Clerk of the Town of Cortlandville, Cortland County, New York, general plans relating to the "Route 215 Water Tank Connection Project - 1996", as required by Section 209-q and 209-c of the Town Law; and WHEREAS, the proposed improvement consists of construction of a new connecting transmission main from the northwest corner of the intersection of Starr Road and Route 215 to a point 1300 feet eastward along Starr Road Extension and then southerly across private property to the parcel of land upon which a new water storage tank will be located, in accordance with the plan and report now on file in the Office of the Town Clerk of the Town of Cortlandville; and WHEREAS, the maximum amount proposed to be expended for said improvement is $262,000.00; and WHEREAS, the proposed method of financing of said improvement is by the issuance of bonds of the Town of • Cortlandville in the principal sum of $262,000.00; all future costs including the repayment of the principal and interest of such bonds shall be borne by the lands benefitted by such improvement and such costs shall be assessed, levied and collected from the several lots or parcels of land within said Town of Cortlandville in just proportion to the amount of benefit which the improvement shall confer upon such lots or parcels; it is hereby proposed that all lots or parcels of the Town of Cortlandville outside of Villages, capable of being serviced by the "Water Article 12-C" Water Improvements heretofore and hereafter provided, are lots or parcels benefitted by the proposed water improvement; and the cost of the proposed water project and all previous improvements shall be spread upon and over the enlarged benefitted area, all of such improvements constituting one water system; �4.0 APRIL 17, 1996 TOWN BOARD MEETING PAGE 4 WHEREAS, it is further proposed that the costs of management, maintenance, operation and repair of said improvement shall be a charge upon the area of the Town of Cortlandville outside of Villages and shall be levied and collected in the same manner and at the same time as other Town charges, provided that it is the intention of the Town Board that such costs will be raised in the first instance from water rates, charges and fees upon all lots or parcels heretofore and hereafter serviced by Town Law Article 12-C Water Improvements; and WHEREAS, a short form Environmental Assessment Form has been prepared pursuant to State Environmental Quality Review Act, and is available for review by the public at the Cortlandville Town Hall; it is hereby ORDERED, that a meeting of the Town Board of the said Town of Cortlandville shall be held at the Town Hall, 3577 Terrace Road, Cortland, New York on the 1st day of May, 1996 at 7:00 p.m. o'clock in the afternoon that day to hear all persons interested in the proposed water improvement, and for such other action of said Town Board with relation to the said water improvement as may be required by law or deemed proper. Handicapped Parking Ordinance: Notification of Amending the Ordinance was sent, as required, to the Cortland Standard, which required a Legal Notice to be published. In the publication, they had the wrong date of adoption. They have agreed to republish this, at no cost to the Town. The effective date must be the corrected publication date. Town and City of Cortland Recreation Agreement: Mr. Tokar contacted the Town regarding this. The Town's Bookkeeper nor Town Clerk, have a current agreement _regarding the Town providing funds for recreation. Mr. Tokar will check with the City Mayor's Office, and request one be sent for review and acceptance. Victory Markets Bankruptcy: He reported that he has received a notice from bankruptcy court regarding Victory Markets. No action is needed by the Town. RESOLUTION #94 :DECLARE NEGATIVE IMPACT FOR ROUTE 215 WATER TANK CONNECTION PROJECT - Motion by Councilman Rocco Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED WHEREAS, an Order was adopted for an extension of the Towns water lines named: Route 215 Water Tank Connection Project - 1996, and WHEREAS, the Town Board, as Lead Agent, duly reviewed and completed the Short Environmental Assessment Form, therefore BE IT RESOLVED, the Town Board, as Lead Agent, does hereby declare the proposed Route 215 Water Tank Connection Project- 1996, shall have no significant environmental impact and further, RESOLVED, the Supervisor is hereby authorized and directed to sign the SEQRA application. APRIL 21, 1996 TOWN BOARD MEETING PAGE 5 Attorney Folmer discussed a Proposed Agreement for Federal Assistance on behalf of property owner, Bert Abdallah of Route 41, McGraw, NY. This is a result of storm damages which occurred on January 19, 1996. The Town was requested to sponsor this required action. Mr. Abdallah will provide 250, and a Government Relief Grant will provide 750 of the cost. This project will go out to bid. RESOLUTION #95 AUTHORIZE AGREEMENT OF ASSISTANCE FOR BERT ABDALLAH SUBJECT TO TOWN ATTORNEY AND HIGHWAY SUPT. APPROVAL Motion by Councilman Rocco Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby approve the execution of the Agreement of Assistance for Bert Abdallah, Route 41, McGraw, NY, relating to flood damages, subject to the approval of the Town Attorney and Highway Supt. Attorney Folmer requested the Town Board to hold an executive session, upon completion of this meeting, to discuss negotiations for acquisition of real property, as requested by the Highway Supt. Councilman O'Donnell informed the Town Board of a meeting scheduled for April 18, 1996 at the Blodgett Mills Baptist Church at 7:00 p.m. to inform the residents of the status of fund raising for improvements at the Blodgett Mills ball park. RESOLUTION #96 AUTHORIZE TOWN TO ASSUME COST OF PROPERTY DAMAGE OF ROBERT CONDI PROPERTY ON LAMONT CIRCLE DUE TO DENIAL OF PAYMENT FROM AETNA INSURANCE COMPANY Motion by Councilman Testa Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED WHEREAS, the Town installed sewer lines and repaved the Lamont Circle area in the past, and property damage of their basement was reported the next year by Mr. Robert Condi, 815 North Lamont Circle, and WHEREAS, the involved departments of the Town met with the Condi's to inspect the property and correct any ' problems, and their was no indication that a claim would be presented, and WHEREAS, Aetna Insurance Company has denied payment of a claim in the amount of $3,095.00, therefore BE IT RESOLVED, the Town Board does hereby assume responsibility for the cost of the property damage claim submitted by Robert Condi of 815 North Lamont Circle in the amount of $3,500.00, and further RESOLVED, the Supervisor is hereby authorized and directed to pay Robert Condi, after he submits a voucher advising of the damages done. 230 APRIL 17, 1996 TOWN BOARD MEETING PAGE 6 --- Attorney Folmer advised the Town Board to direct departments of the Town to advise the insurance company of a claim as soon as possible. Processes of the past, present and future were discussed. The Town Clerk encouraged that an incident report form be prepared and distributed to all departments. This would be helpful, for every employee, for acquiring all the information needed when any claim is reported. Attorney Folmer will contact the insurance carrier to make arrangements relating to this. Councilman Testa made a motion, seconded by Councilman O'Donnell, to recess the regular meeting and adjourn to an executive session to discuss property acquisition. All voting aye, the motion was carried. The following information was received from the Supervisors office. Councilman Rocco made a motion, seconded by Councilman Testa, to adjourn the executive session and reconvene the Regular meeting. All voting aye, the motion was carried. No action was taken. Councilman O'Donnell made a motion, seconded by Councilman Pilato, to adjourn the Regular meeting. All voting aye, the motion was carried. The Regular meeting was adjourned at 5:55 p.m. Respectful y su mitted, Pauline H. Parker, CMC Town Clerk Town of Cortlandville 1 0 1