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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
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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.
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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;
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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.
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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
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