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Home My WebLink About01-19-2005JANUARY 19, 2005 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 Thorpe presiding. Members present: Supervisor, Raymond Thorpe Councilman, Theodore Testa Councilman, Edwin O'Donnell Councilman, Ronal Rocco Councilman, John Pilato Town Clerk, Karen Q. Snyder Others present were: Town Attorney, John Folmer; Highway Sup't. Carl Bush; Water & Sewer Sup't. Peter Alteri Jr.; Grace Medoff, Robert Rhodes; and News Reporter, Patrick Ruppe from the Cortland Standard. Supervisor Thorpe called the meeting to order. Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and file the Zoning Board of Appeals Minutes of September 28, 2004. All voting aye, the motion was carried. RESOLUTION 921 AUTHORIZE PAYMENT OF VOUCHERS - JANUARY Motion by Councilman O'Donnell Seconded by Councilman Pilato VOTES: ALL AYE ADOPTED BE IT RESOLVED, the vouchers submitted have been audited and shall be paid as follows: General Fund A Vouchers 41 - 63 $ 58,436.67 General Fund B B1 - B5 $ 35,834.09 Highway Fund DB D1 - D30 $ 34,891.69 Water Fund W 1 - W 13 $ 40,212.27 Sewer Fund S1 - S9 $ 5,008.99 Capital Projects HI - H2 $ 5,746.88 Supervisor Thorpe offered privilege of the floor to those in attendance. Councilman O'Donnell apprised the Board he audited the books for the Water & Sewer Department and the Highway Department and found everything to be in order. Councilman Testa stated he audited the books for the Supervisor's office and also found everything to be in order. Supervisor Thorpe apprised the Board that Councilman Rocco submitted a letter regarding his audit of the Justice Department books, in which he found everything to be in order. After discussing office operations with personnel, Councilman Rocco determined it would be beneficial for the Justice Department to have a petty cash account, in an amount not to exceed $200.00. RESOLUTION #22 APPROVE THE INSTALLATION OF A PETTY CASH ACCOUNT FOR THE TOWN JUSTICE IN AN AMOUNT NOT TO EXCEED $200.00 Motion by Councilman Pilato Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby approve the installation of a petty cash account for the Town Justice in an amount not to exceed $200.00. 1 1 1 Z09 JANUARY 19, 2005 TOWN BOARD MEETING PAGE 2 Supervisor Thorpe apprised the Board he received a communication from Ann Hotchkin of Thoma Development Consultants, regarding new state funding available for strategic planning and/or comprehensive planning. Mrs. Hotchkin spoke with Councilman O'Donnell and Councilman Testa regarding the available grants, which the Town could apply for on behalf of the Polkville/Blodgett Mills area. Supervisor Thorpe suggested the Board pass a resolution to authorize Thoma Development Consultants to submit an application for an overall corridor study of the Polkville/Blodgett Mills area on behalf of the Town. RESOLUTION #23 AUTHORIZE THOMA DEVELOPMENT CONSULTANTS TO COMMENCE PROCEDURE FOR A GRANT THROUGH THE NEW YORK STATE DEPARTMENT OF STATE FOR AN OVERALL CORRIDOR STUDY OF THE POLKVILLE/ BLODGETT MILLS AREA Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby authorize and direct Thoma Development Consultants to commence procedure for a grant through the New York State Department of State for an overall corridor study of the Polkville/Blodgett Mills area. The monthly reports of the Town Justice for the month of December 2004 was on the table for review and is filed in the Town Clerk's office. RESOLUTION #24 ACCEPT ANNUAL REPORT OF THE WATER AND SEWER DEPARTMENT Motion by Councilman O'Donnell Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Annual Report of the Water and Sewer Department for the year of 2004 is hereby accepted, and shall be received and filed. RESOLUTION #25 ACCEPT ANNUAL REPORT OF THE TOWN CLERK Motion by Councilman Rocco Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Annual Report of the Town Clerk for the year 2004 is hereby accepted, and shall be received and filed. Attorney Folmer reported: Deed to Cedar Crest: Attorney Folmer apprised the Board he was in possession of the deed conveying the balance of Cedar Crest Drive to the Town. He reminded the Board that John and Catherine Murdock submitted a check in the amount of $8,000 to the Town Clerk in lieu of a bond for the 120 +/- ft. of roadway. Attorney Folmer requested the Board adopt a resolution to accept Cedar Crest Drive when the deed is delivered in its final form. z10 JANUARY 19, 2005 TOWN BOARD MEETING PAGE 3 RESOLUTION #26 ACCEPT ROAD DEDICATION FOR THE EXTENSION OF CEDAR CREST DRIVE Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE ADOPTED WHEREAS, the Town of Cortlandville Highway Sup't. has inspected the incomplete extension of Cedar Crest Drive and has determined that such is being constructed in accordance with Town standards, and WHEREAS, owners John and Catherine Murdock submitted a security of cash in the amount of $8,000.00 to insure the completion of said extension, therefore BE IT RESOLVED, the Town Board does hereby accept said extension of Cedar Crest Drive, contingent upon the deed being delivered in its final executed form, and subject to approval by the Town Attorney and the Town Highway Sup't. Brokerage Account for the Starr Road Park & Recreation Center: Attorney Folmer discussed the Brokerage Account created and opened for the purpose of accepting a donation to the Starr Road Park fund in the form of appreciated securities. At the time the account was created, Councilman Rocco was concerned about the Town having a brokerage account. Councilman Rocco apprised Attorney Folmer that if the Town has a brokerage account there should be "nothing in it." Anything that goes into the account should be liquidated immediately. Councilman Rocco did not want the Town to hold securities in which the Town could see appreciation or depreciation, nor did he want the Town to buy securities. Attorney Folmer stated the Town opened the account with instructions to the agent that the Town would receive the securities and sell them immediately. The account balance is now zero. Attorney Folmer questioned whether there was a problem leaving the account open with a zero balance. Councilman Rocco stated the account could remain open and available in the event that any person would like to give stock to the Town. The Town would not hold on to the stock, but would deposit the stock and liquidate it immediately. Supervisor Thorpe questioned how the transfer of stock worked procedurally. Councilman Rocco explained that if someone chose to give stock to the Town, the brokerage house would transfer the stock to the Town's account on the authorization of the owner. The donor's broker would have to call the Town's broker and make all of the arrangements. The Town would receive the securities and liquidate them immediately. Zoning Text Amendment: Attorney Folmer apprised the Board the most recent version of the Zoning Text Amendment was at the County Planning Board for their review and recommendations. He believed the Board would receive the County's recommendations in the near future and therefore suggested they schedule a Public Hearing for February 16, 2005 at 7:00 p.m. at the Cortlandville Fire Department. RESOLUTION #27 SCHEDULE PUBLIC HEARING FOR THE PROPOSED ZONING TEXT AMENDMENT FOR FEBRUARY 16, 2005 Motion by Councilman Testa Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED, a Public Hearing shall be scheduled for February 16, 2005 at 7:00 p.m. at the Cortlandville Fire Department located at 999 NYS Route 13, Cortland, NY, regarding the proposed Zoning Text Amendment. zl JANUARY 19, 2005 TOWN BOARD MEETING PAGE 4 Councilman O'Donnell made a motion, seconded by Councilman Rocco, to receive and file correspondence from NYS Senator, James Seward, regarding the GIS grant application. All voting aye, the motion was carried. There was a brief discussion regarding correspondence from Susan Myers concerning the water and sewer bill for property located at 3246 S. Cortland -Virgil Road, owned by her father, Russell Culver. Due to a running toilet 321,000 gallons of water were used in the apartment building. The water bill was $437.05, while the sewer bill was $786.25. Supervisor Thorpe commented that while he felt sympathetic to Mr. Culver, it was not the Town's responsibility. Supervisor Thorpe apprised the Board he received a second letter from another property owner regarding another high water and sewer bill due to a running toilet. The amount of this resident's bill was $409.28. While such incidents do not happen often, it is the Board's responsibility to make a decision as to whether or not to reduce the charges. Although sympathetic to the property owners, Supervisor Thorpe recommended that the Board not waive or reduce the water and sewer charges. Councilman Testa questioned whether it was legal for the Town to waive water and sewer fees. Attorney Folmer informed Councilman Testa that the Town adopted a policy of not waiving the water and sewer charges. Councilman O'Donnell believed that the Town should not be responsible for homeowner's mistakes. The Board agreed not to reduce Mr. Culver's water and sewer charges. Supervisor Thorpe stated he would contact Mrs. Myers and the other individual who contacted him. RESOLUTION #28 DENY REQUEST OF SUSAN MYERS TO REDUCE THE WATER AND SEWER CHARGES FOR PROPERTY LOCATED AT 3246 SOUTH CORTLAND-VIRGIL ROAD OWNED BY RUSSELL CULVER Motion by Councilman O'Donnell Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby deny the request of Susan Myers to reduce the water and sewer charges for property located at 3246 South Cortland -Virgil Road, tax map #105.08-01-14.000, owned by Russell Culver, and it is further RESOLVED, the correspondence from Susan Myers shall be received and filed. Councilman Rocco made a motion, seconded by Councilman O'Donnell, to recess the Regular Meeting to an Executive Session. All voting aye, the motion was carried. The meeting,was recessed at 5:20 p.m. 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 to the Regular Meeting. All voting aye, the motion was carried. RESOLUTION #29 REAPPOINT NICHOLAS A. RENZI TO THE CORTLANDVILLE PLANNING BOARD Motion by Councilman O'Donnell Seconded by Councilman Pilato VOTES: ALL AYE ADOPTED Z1Z JANUARY 19, 2005 TOWN BOARD MEETING PAGE 5 BE IT RESOLVED, the Town Board does hereby reappoint Nicholas A. Renzi, 1149 Davinci Drive, Cortland, New York to the Cortlandville Planning Board for a five-year term commencing January 01, 2005 and shall expire December 31, 2009. Councilman Pilato made a motion, seconded by Councilman O'Donnell, to adjourn the Regular Meeting. All voting aye, the motion was carried. The meeting was adjourned at 5:45 p.m. Respectfully submitted, Karen Q. Snyder Town Clerk Town of Cortlandville 1 1