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MARCH 04, 2009
5:00 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: Supervisor, Richard Tupper
Councilman, Theodore Testa
Councilman, Ronal Rocco
Councilman, Edwin O'Donnell
Town Clerk, Karen Q. Snyder, RMC
Absent: Councilman, John Proud
Others present were: Town Attorney, John Folmer; Highway Sup't. Carl Bush; Attorney,
Matthew Neuman Riehlman, Shafer & Shafer; News Reporter, Eileen Hughes from the Cortland
Standard; Grace Meddaugh for Channel 2, Access TV.
Supervisor Tupper called the meeting to order.
The draft Town Board Minutes of February 18, 2009 were presented to the Board for
their review.
RESOLUTION #57 AUTHORIZE PAYMENT OF VOUCHERS — MARCH
Motion by Councilman O'Donnell
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 #110 - 136
$
85,760.81
General Fund B
B25 - B32
$
25,187.86
Highway Fund DB
D69 - D85
$
27,061.86
Trust & Agency
T9 - T10
$
24,264.61
Capital Project
H4 - H4
$
540.00
Water Fund
W49 - W68
$
7,420.25
Sewer Fund
S28 - S32
$
4,640.91
Supervisor Tupper offered privilege of the floor to those in attendance.
Councilman Rocco apprised the Board he recently visited the Lime Hollow Nature
Center, Visitor Center on McLean Road. He presented the Board with the Winter/Spring 2009
newsletter from Nature Center and thanked the numerous volunteers who have helped to make
the facility a success. Councilman Rocco noted that over 16,000 people visited the facility in
2008.
Councilman Rocco reported that he contacted the Commissioner of the New York State
Department of Transportation regarding the Town's continuous request for a reduction in speed
limit on McLean Road between Deerfield Heights and the Tompkins County line. After more
than twenty years of submitting requests through the County Highway Department, Councilman
Rocco stated he "went to the top." An agreement was reached between himself and the
Commissioner that three engineers from the Syracuse Region, and three engineers from different
regions, would visit the 3/4 of a mile stretch of highway and report on their findings.
An added concern for the Town was the new Lime Hollow Center for Environment and
Culture, an educational and recreational facility, located near the dangerous "S curve" on
McLean Road. The Commissioner also scheduled a meeting with the Director of the Lime
Hollow Center, and discussed the possibility of adding signage along McLean Road to advise
motorists of the Center.
Councilman Rocco stated it was important to recognize that more vehicles would be
traveling to Ithaca via McLean Road with the upcoming construction on Route 281, Route 13,
Bennie Road, and the new Supercenter.
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MARCH 04, 2009 TOWN BOARD MEETING PAGE 2
The monthly report of the Town Clerk, Tax Collector, Water & Sewer Department, and
Code Enforcement Officer for the month of February 2009 were on the table for review and are
filed in the Town Clerk's office.
Councilman Rocco made a motion, seconded by Councilman Testa, to receive and file
the Legal Notice from Time Warner Cable regarding the expiration of the WNYI agreement
(Ithaca, Univision affiliate) agreement. All voting aye, the motion was carried.
Under communications, Supervisor Tupper stated he received information from Paychex
Inc. notifying the Town that under President Obama's stimulus package, employees would notice
an increase in their paycheck by approximately $14.00 bi-weekly.
Supervisor Tupper noted that Members of the Board received correspondence from Town
Clerk Snyder regarding a proposed section of the Governor's budget that would make the
position of Town Clerk an appointed position. Along with the New York State Town Clerk's
Association, Town Clerk Snyder opposed such proposal in the budget. Supervisor Tupper and
the Board supported Town Clerk Snyder's stance and would write a letter in opposition to the
proposal.
There was discussion regarding the request of Derrick Beaumont to remove and refund
the Water Benefit tax for property located at 1134 Route 13, which was tabled from the February
4, 2009 and February 18, 2009 Town Board meetings.
Attorney Folmer stated the decision to refund the Water Benefit tax to Mr. Beaumont was
up to the Board as a matter of discretion and policy. In his research to determine whether or not
it was appropriate to refund retroactively, Attorney Folmer was unable to locate any specific
authority that said the Board could or could not do such. He was also unable to locate any
particular precedent by another municipality.
However, Attorney Folmer contacted the Comptroller's Office in Binghamton regarding
the matter and was informed of an Opinion made by the Comptroller in 1979 (#79-235)
discussing an ad valorem tax. The Opinion provided that the statute of limitations for an error
was a six -year statute. If a claim lays dormant for more than six -years it is not viable for
prosecution by someone who wants to make a claim. However, the defense of the statute of
limitations is one that is "pleadable." If Mr. Beaumont made a claim for ten years, legally the
Town would have the right to raise the statute of limitations and calculate that the last six years
would be payable. The Town also has the right to waive the statute of limitations and go back
ten -years. Attorney Folmer also stated that the Town has a fiduciary responsibility to protect
taxpayers and their funds as best they can. The Board should decide what policy/precedent they
wanted to set when making a decision.
Councilman Rocco stated he spent a considerable amount of time on the matter and spoke
to Mr. Beaumont several times. He felt that the property owner should not be held responsible
for a service that was not available nor was received. Mr. Beaumont estimated a cost of $25,000
to connect to Town water, which was about 230' away from his property. Councilman Rocco
requested the Board refund Mr. Beaumont the total amount erroneously paid, not to include
interest.
Supervisor Tupper stated that ignorance of the law was no excuse. The property owner
should have approached the Town in 1998 when the benefit tax first appeared on the Town and
County tax bill. In addition, Derrick Beaumont had only been the property owner for the past 18
months. Mr. Beaumont's father previously owned the property.
Attorney Folmer stated that according to Real Property Tax Law, the burden is upon the
taxpayer. After reiterating his earlier comments, he suggested the Board think about the policy
they wanted to set, as Mr. Beaumont may not be the last to approach the Town regarding such
charge.
Councilman O'Donnell stated that if Mr. Beaumont owed the Town money he would be
expected to pay. He recommended the Board refund the taxpayer for the erroneous charge.
Councilman Testa made a motion to refund the Water Benefit tax to Mr. Beaumont based
on the statutory limit of six -years.
Councilman Rocco did not agree and reiterated his concern that Mr. Beaumont should be
refunded the total amount erroneously paid.
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MARCH 04, 2009 TOWN BOARD MEETING PAGE 3
Attorney Folmer explained that the Civil Practice Law and Rules is a general statute of
the State of New York that controls the civil litigation within the State. Any claim made: against
the Town is bound and covered by the statute. The Town has the right to raise the statute of
limitations as a defense to a claim. If the Town does not, the defense does not apply. Attorney
Folmer commented that if a formal claim was filed against the Town and Attorney Folmer did
not take advantage of the defense available, the Board would not be happy. He explained that
the statute of limitations is there to protect the Town from long-standing claims that are: hard to
prove or disprove.
Supervisor Tupper apprised the Board a refund for six years of the paid Water Benefit tax
would be $800.31. A refund for the total amount paid over the past twelve years would be
$1,667.75.
Councilman Testa's motion failed for lack of a second.
Councilman Rocco made a motion to refund 8 years of the Water Benefit tag: to Mr.
Beaumont, with no interest, and that a correction be made to the 2010 Town and County tax bill.
He stated that 8 years was a compromise between Councilman Testa's motion to refund 6 years,
and the 12 years the benefit tax was paid.
RESOLUTION 458 AUTHORIZE REMOVAL OF THE WATER BENEFIT TAX
UNIT CHARGE FOR PROPERTY OWNED BY
DERRICK BEAUMONT AND ISSUE A REFUND
Motion by Councilman Rocco
Seconded by Councilman O'Donnell
VOTES: ALL AYE ADOPTED
WHEREAS, a request was received from Derrick Beaumont for removal of the Water Benefit
Tax, and a refund for the total amount paid for the Water Benefit tax from 1998 to 2009, for
property located at 1134 NYS Route 13, tax map 496.09-03-04.000, and
WHEREAS, such request was reviewed by Town Assessor, David Briggs, and Water & Sewer
Sup't. Peter Alteri, Jr., who reported that Town water was not available at the Beaumont
property line due to the property having no road frontage, but water was available approximately
230' away through adjoining properties, and
WHEREAS, after a lengthy discussion the Town Board decided to authorize a refund for the
actual amounts paid for 8 years of the Water Benefit tax, for the years 2002 through 20019, which
extends the 6-year statutory limit, therefore
BE IT RESOLVED, the Town Board does hereby authorize and direct the Town Assessor to
remove the Water Benefit tax for parcel #96.09-03-04.000, currently owned by Derrick
Beaumont, commencing with the 2010 Town and County tax bill and until such time as the
property owner has connected to Town water, and it is further
RESOLVED, a refund in the amount of $1,174.85 shall be issued upon verification by the Town
Tax Collector that the Town and County tax bills from 2002 through 2009 have been paid.
Councilman Testa made a motion, seconded by Councilman O'Donnell, to receive and
file correspondence from Mark R. Braun, 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.
Town Clerk Snyder reminded the Board a public hearing was scheduled for March 18,
2009 at 5:00 p.m. regarding an amendment to the Fire Prevention and Building Code.
Attorney Folmer commented that the proposed amendment to the Fire Prevention and
Building Code would allow the Town to relevy any unpaid fire inspection fees (90 days
delinquent) to the Town and County tax bill. The amendment would also add a provision for
lockboxes to the Town's Fire Prevention Code, which was inadvertently removed with the
adoption of Local Law No. 1 of 2007. With regard to the lockboxes, the Fire Department has the
authority to issue a waiver to a property owner who does not wish to participate in the program.
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MARCH 04, 2009 TOWN BOARD MEETING PAGE 4
There was discussion regarding the Zone Change request of Louis Sachetti for property
located on NYS Route 13 in the Town of Cortlandville. The application was forwarded to the
Cortland County Planning Department for recommendations, however no action was taken
because they lacked a quorum at the last planning meeting.
Attorney Matt Neuman apprised the Board he represented the applicant, Mr. Sachetti,
who had a purchase agreement for the property located off NYS Route 13. Mr. Sachetti
requested a zone change from B-1 to B-2 to allow for the use of the property as a landscaping
business, including nursery production and limited outdoor sales of plant materials. Attorney
Neuman requested the Board schedule a public hearing for the zone change.
Councilman Testa made a motion, seconded by Councilman O'Donnell, to receive and
file correspondence from Dan Dineen, Cortland County Planning Department, dated February
12, 2009, apprising the Board that no action was taken on the request of Louis Sachetti for a
Zoning Map Amendment, property located on NYS Route 13, tax map #105.00-01-49.110. All
voting aye, the motion was carried.
RESOLUTION #59 SCHEDULE PUBLIC HEARING FOR ZONE CHANGE
REQUEST SUBMITTED BY LOUIS SACHETTI FOR
PROPERTY LOCATED OFF NYS ROUTE 13 IN THE
TOWN OF CORTLANDVILLE
Motion by Councilman Testa
Seconded by Councilman O'Donnell
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, a Public Hearing is hereby scheduled for March 18, 2009 at 5:00 p.m.
concerning the Zone Change request submitted by Louis Sachetti for property located off NYS
Route 13 in the Town of Cortlandville, tax map 4101.10-01-49,110.
Councilman Rocco made a motion, seconded by Councilman Testa, to receive and file
the Preliminary Engineering Report from Clough Harbour & Associates LLP, dated December
2008, for the proposed waterline extension to Polkville (along Route 11 and Route 41). All
voting aye, the motion was carried.
RESOLUTION 460 AUTHORIZE REQUEST TO REDUCE SPEED LIMIT ON
NYS ROUTE 13 BETWEEN SOUTH CORTLAND-VIRGIL
ROAD AND GRACIE ROAD IN THE TOWN OF
CORTLANDVILLE
Motion by Councilman Rocco
Seconded by Councilman O'Donnell
VOTES: ALL AYE ADOPTED
WHEREAS, a request was received from Cortlandville Highway Sup't., Carl Bush to reduce the
speed limit to 45 mph on NYS Route 13, between South Cortland -Virgil Road and Gracie Road
in the Town of Cortlandville, and
WHEREAS, NYS Route 13 is a State Highway, therefore
BE IT RESOLVED, the Town Board does hereby authorize and direct the request to reduce the
speed limit on NYS Route 13 to 45 mph, between South Cortland -Virgil Road and Gracie Road,
be submitted to the NYS DOT for approval, via the Cortland County Highway Superintendent
for their input, as required.
Supervisor Tupper questioned whether there were any further comments or discussion to
be heard. Attorney Folmer requested the Board convene to an Executive Session to discuss
pending litigation.
MARCH 04, 2009
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PAGE 5
Councilman Rocco made a motion, seconded by Councilman Testa, to recess the Regular
Meeting to an Executive Session to discuss pending litigation. All voting aye, the motion was
carried.
The meeting was recessed at 6:04 p.m.
The following information was received from the Supervisor's office.
Councilman Rocco 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.
No action was taken.
Councilman Rocco made a motion, seconded by Councilman Testa, to adjourn the
Regular Meeting. All voting aye, the motion was carried.
The meeting was adjourned at 6:10 p.m.
Respectfully submitted,
Karen Q. Snyder, RMC
Town Clerk
Town of Cortlandville
*Note:
The final version of this meeting was submitted to the Town Board for their review on April 1, 2009.
The final version of this meeting was approved as written at the Town Board meeting of April 1 c;, 2009.