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HomeMy WebLinkAbout03-05-20080 MARCH 05, 2008 5:15 P.M. TOWN BOARD MEETING The Regular Meeting of the Town Board of the Town of Cortlandville was held at the Raymond G. Thorpe Municipal Building, 3577 Terrace Road, Cortland, New York, with Supervisor Tupper presiding. Members present: Absent: Supervisor, Richard Tupper Councilman, Theodore Testa Councilman, Ronal Rocco Town Clerk, Karen Q. Snyder Councilman, Edwin O'Donnell Councilman, John Proud Others present were: Town Attorney, John Folmer; Highway Sup't. Carl Bush; Grace Meddaugh representing C.A.P.E.; and Sharon Stevans for Channel 2, Access TV. Supervisor Tupper called the meeting to order. Councilman Rocco made a motion, seconded by Councilman Testa, to receive and file the Cortlandville Planning Board Minutes of March 27, 2007. All voting aye, the motion was carried. The final Town Board Minutes of January 2, 2008 were presented to the Board for their review. RESOLUTION #60 AUTHORIZE PAYMENT OF VOUCHERS — MARCH Motion by Councilman Rocco Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, the vouchers submitted have been audited and shall be paid as follows: General Fund A Vouchers #121 - 144 $ 80,637.27 General Fund B B21 - B31 $ 50,393.78 Highway Fund DB D67 - D84 $ 37,919.91 Trust & Agency T3 - T3 $ 33,587.81 Water Fund W54 - W62 $ 3,644.28 Sewer Fund S27 - S27 $ 2,014.60 Supervisor Tupper offered privilege of the floor to those in attendance. No comments or discussion were heard. Councilman Rocco made a motion, seconded by Councilman Testa, to receive and file the Unsafe Structure Report from Code Enforcement Officer, Tom Williams, dated March 4, 2008, regarding property located at 4603 Route 41, owned by Daphine Talbot. All voting aye, the motion was carried. RESOLUTION 461 ACCEPT ANNUAL REPORT OF THE LAMONT MEMORIAL FREE LIBRARY FOR THE YEAR 2007 Motion by Councilman Rocco Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Annual Report of the Lamont Memorial Free Library for the year 2007 is hereby accepted and shall be received and filed. 1 LJ 41, MARCH 05, 2008 TOWN BOARD MEETING PAGE 2 The monthly reports of the Town Clerk, Tax Collector, and Code Enforcement Officer for the month of February 2008, for the Water & Sewer Department for the months of January and February 2008, and for the Town Justice for the month of January 2008, were on the table for review and are filed in the Town Clerk's office. RESOLUTION #62• DECLARE THE MONTH OF APRIL AS FAIR HOUSING MONTH IN THE TOWN OF CORTLANDVILLE Motion by Councilman Rocco Seconded by Councilman Testa VOTES: ALL AYE ADOPTED WHEREAS, in accordance with the Title VIII Fair Housing Policy of the Civil Rights Act of 1968 and the Fair Housing Amendments Act of 1988, and WHEREAS, the month of April 2008 has been designated by the US Department of Housing and Urban Development's Office of Fair Housing and Equal Opportunity as Fair Housing Month, now therefore BE IT RESOLVED, the Town Board of the Town of Cortlandville hereby declares and proclaims April as Fair Housing Month in the Town. Councilman Rocco commented on the proposed student housing project for property located on NYS Route 13. One of the concerns he had was that the project would start out in private hands and be sold to the college, causing the taxable property to be non-taxable. He questioned whether there was anything the Town could do to prevent the property from being sold to the college in the future. He recalled that the college purchased student housing off NYS Route 281 that was privately owned. Councilman Rocco stated he was concerned about the Town of Cortlandville turning into the City with regard to non-taxable property. Attorney Folmer did not believe the Town could prohibit the sale of the property in the future. Town Clerk Snyder requested a moment of silence to honor Dorothy Drach, a former Deputy Town Clerk, who passed away February 27, 2008. Dorothy's son, Larry Drach, is employed by the Town Highway Department. Town Clerk Snyder apprised the Board she received correspondence from Mark Braun from Bruench Inc., regarding his intent to renew the liquor license for Doug's Fish Fry restaurant. Councilman Rocco made a motion, seconded by Councilman Testa, to receive and file correspondence from Mark R. Braun from Bruench Inc. regarding his intent to renew the liquor license for Doug's Fish Fry, property located at 3638 NYS Route 281. All voting aye, the motion was carried. Attorney Folmer reported: Applications Pending before the Town Planning Board/Town Board: Attorney Folmer apprised the Board he attended the March 4, 2008 Town Planning Board Meeting. The site plan review for the proposed project of Lowe's Home Improvement Center was discussed and would be continued at the March 25, 2008 Planning Board Meeting. The applications of Intertek Testing Services Na, Inc., Marvin Windows of NY, Inc., and United Development Group for the proposed Cortland College Suites, were forwarded to the Cortland County Planning Board for review and recommendations. With regard to the proposed project of Empire Agrifuel, LLC, the Town Planning Board accepted the Town Board's recommendation to act as lead agency and initiated the process to send the proper notification to other interested and involved agencies. b� MARCH 05, 2008 TOWN BOARD MEETING PAGE 3 Notice of Claim: Attorney Folmer recalled that the Board authorized payment to Wesley and Mary Jane Warren in the amount of $3,800.00 to satisfy the Notice of Claim for property damage at 3633 Route 215, subject to receipt of a General Release, which he received. Fire Code Violation - Unsafe Building: With regard to the unsafe building violation for property located at 4603 Route 41, owned by Daphine Talbot, Attorney Folmer apprised the Board the preliminary steps had been taken. The 30-day notice to the property owner expired. The next step was for the Town Board to conduct the required hearing to make findings, which would require the vacation, repair or demolition of the subject premises. The property owner would be given the opportunity to present evidence relating to the proceeding if desired. Attorney Folmer apprised the Board the property owner failed to respond to the notice. RESOLUTION #63 SCHEDULE HEARING REGARDING UNSAFE BUILDING VIOLATION FOR PROPERTY LOCATED AT 4603 ROUTE 41 OWNED BY DAPHINE TALBOT FOR APRIL 2, 2008 AT 6:00 P.M. Motion by Councilman Rocco Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, pursuant to Local Law No. 1 of 2007, a Hearing shall be scheduled for April 2, 2008 at 6:00 p.m. regarding the unsafe building violation for property located at 4603 Route 41 in the Town of Cortlandville, owned by Daphine Talbot. Property Foreclosure: Attorney Folmer apprised the Board there was a notice of foreclosure action commenced by David Feinstein against Joseph Camillo for property located on Carroll Street in the Town of Cortlandville. There would be a foreclosure sale of the property on March 31, 2008. Tax Assessment Certiorari Proceeding: Attorney Folmer recalled that Verizon commenced a tax certiorari proceeding against the Town. He received correspondence from the attorney for Verizon indicating that based on a conversation with Town Assessor, David Briggs, Attorney Folmer was to sign a stipulation regarding the action. Attorney Folmer discussed the matter with Assessor Briggs, who advised him not to sign the stipulation until the figures were checked. Proposed Rail Spur and Road Dedication from Bestway: Attorney Folmer recalled discussion from the February 20, 2008 Town Board Meeting regarding the proposed rail spur on Luker Road. He informed the Board he had a copy of the proposed operating license and the use and access agreement. Attorney Folmer wrote a letter to Attorney Shafer, representing Bestway, concerning language in the agreement. The agreement called for the Town to have the right to repair its water and sewer lines at any time and any place, but there was also language that the Town was not permitted to interfere with the use of the spur. Because he did not know where the lines were located, and did not know whether the Town could access the lines without interfering with the spur, Attorney Folmer was waiting for Attorney Shafer to respond to his concern. Councilman Rocco questioned who was responsible for cleaning up the garbage along the railroad tracks. Attorney Folmer apprised the Board that according to the operating agreement provided the NYS Susquehanna is supposed to keep track of several things including making sure the side of the railway is cleaned up. 63 MARCH 05, 2008 TOWN BOARD MEETING PAGE 4 Partridge Hill Subdivision: Attorney Folmer apprised the Board he received a letter from Attorney Matt Neuman, Riehlman Shafer & Shafer, indicating that the stormwater facility for Partridge Hill subdivision was complete. He also had a copy of a letter from engineer, Chuck Feiszli regarding the stormwater plan. Attorney Folmer requested that Supervisor Tupper inform him when he received the correspondence so the closing papers regarding the dedication of the Partidge Hill Road could be signed. Conveyance of Land: Attorney Folmer discussed the "swap of lands" between the Town and Dr. J. Lee Ambrose. The subdivision application was presented to the Planning Board at the March 4, 3008 meeting by both Attorney Folmer and Attorney Pomeroy. The Planning Board approved the subdivision (lot line adjustment). Attorney Folmer requested that Town Assessor, David Briggs provide him with the values of the affected parcels. Amendments to Town Ordinances: Attorney Folmer requested the Board schedule two public hearings for April 2, 2008 at 7:00 p.m. The first public hearing was regarding amendments to the Planned Unit Development Ordinance of the Town. The second public hearing was to amend Local Law No. 1 of 2007, Administration and Enforcement of the New York State Uniform Fire Prevention and Building Code, by deleting unnecessary language and adding enforcement provisions. Councilman Rocco questioned the time frame for demolishing a partially burned down home. Attorney Folmer apprised the Board there is no specified time frame. The Board may decide that a house in a residential neighborhood should be demolished faster than a house in a rural area. RESOLUTION #64 SCHEDULE PUBLIC HEARING FOR LOCAL LAW - 2008, AMENDMENT TO THE PLANNED UNIT DEVELOPMENT ORDINANCE OF THE TOWN OF CORTLANDVILLE Motion by Councilman Rocco Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, a public hearing shall be scheduled for April 2, 2008 at 7:00 p.m. regarding an amendment to the Planned Unit Development Ordinance of the Town of Cortlandville. RESOLUTION #65 SCHEDULE PUBLIC HEARING FOR LOCAL LAW - 2008, AMENDMENT TO LOCAL LAW NO. 1 OF 2007 — ADMINISTRATION AND ENFORCEMENT OF THE NEW YORK STATE UNIFORM FIRE PREVENTION AND BUILDING CODE Motion by Councilman Rocco Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, a public hearing shall be scheduled for April 2, 2008 at 7:00 p.m. or as soon thereafter as the parties may be heard, regarding an amendment to Local Law No. 1 of 2007, Administration and Enforcement of the New York State Uniform Fire Prevention and Building Code. (q MARCH 05, 2008 TOWN BOARD MEETING PAGE 5 There was discussion regarding correspondence from the Cortlandville Fire Department, dated February 19, 2008, requesting relief from the Sewer Benefit Tax levied on the Fire District's property located at 3757 Route 11, tax map #97.02-01-05.200. The Fire District has paid the special use tax since it owned the property. However, after a recent audit of the Fire District, it was identified that the District should seek relief from the tax, as it is not appropriate for governmental agencies to pay taxes, even special district taxes. Town Assessor, David Briggs researched the issue and recommended the Board remove the tax and issue a refund. RESOLUTION #66 AUTHORIZE REMOVAL OF THE SEWER BENEFIT TAX UNIT CHARGE FOR PROPERTY OWNED BY CORTLANDVILLE FIRE DISTRICT AND ISSUE A REFUND Motion by Councilman Rocco Seconded by Councilman Testa VOTES: ALL AYE ADOPTED WHEREAS, a request was received from the Cortlandville Fire District for removal of the Sewer Benefit Tax unit charge for the 2008 Town and County tax bill for property located at 3757 Route 11, tax map #97.02-01-05.200, and WHEREAS, such request was reviewed by Town Assessor, David Briggs, who reported that according to the New York State Real Property Tax Law §406 (1), "Real property owned by a municipal corporation within its corporate limits held for a public use shall be exempt from taxation and exempt from special ad valorem levies and special assessments ... ", therefore BE IT RESOLVED, the Town Board does hereby authorize and direct the Town Assessor to remove the Sewer Benefit tax for parcel #97.02-01-05.200, owned by Cortlandville Fire District, commencing with the 2009 Town and County tax bill, and it is further RESOLVED, a refund in the amount of $101.80 shall be issued when the 2008 Town and County tax bill is paid. Supervisor Tupper apprised the Board that Water & Sewer Sup't. Peter Alteri submitted the Annual Water Quality Report for the year 2007. There was a brief discussion regarding the status of well testing in the Town. Supervisor Tupper apprised the Board the water -testing program included 4 separate tests conducted quarterly; winter testing was being completed. After the quarterly testing, the testing would be conducted about once a year. Supervisor Tupper was recently notified by the Soil & Water Conservation District that they had data on 29-30 wells; 2 wells were frozen and could not be tested. There was not enough information from the winter testing to generate a report at this time. No further comments or discussion were heard. Councilman Testa 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 5:40 p.m. Respec fully submitted, Karen Q. Snyder, RMC Town Clerk Town of Cortlandville *Note: The draft version of this meeting was submitted to the Town Board for their review on March 19, 2008. The final version of this meeting was approved as written at the Town Board meeting of May 7, 2008.