HomeMy WebLinkAbout03-18-2009zG5
MARCH 18, 2009
5:00 P.M.
PUBLIC HEARING NO. 1
LOCAL LAW OF 2009
AMENDMENT TO CHAPTER 86
FIRE PREVENTION AND BUILDING CODE
ADMINISTRATION AND ENFORCEMENT
OF THE CODE OF THE TOWN OF CORTLANDVILLE
A Public Hearing was held by the Town Board of the Town of Cortlandville at the
Raymond G. Thorpe Municipal Building, 3577 Terrace Road, Cortland, New York, regarding
and amendment to Chapter 86, Fire Prevention and Building Code Administration and
Enforcement, of the Code of the Town of Cortlandville.
Members present: Supervisor, Richard Tupper
Councilman, Theodore Testa
Councilman, Edwin O'Donnell
Councilman, Ronal L. Rocco
Councilman, John Proud
Town Clerk, Karen Q. Snyder, RMC
Others present were: Town Attorney, John Folmer; Highway Sup't. Carl Bush; Attorney,
Mike Shafer, Riehlman, Shafer & Shafer; Cortland County Legislator, Gene Waldbauer; Rhen
Waldbauer; News Reporters, Eric Mulvihill from WXHC, Eileen Hughes from the Cortland
Standard, and Grace Meddaugh for Channel 2, Access TV.
Supervisor Tupper called the Public Hearing to order.
Town Clerk, Karen Q. Snyder, read aloud the published, posted and filed legal notice.
Supervisor Tupper offered privilege of the floor to those in attendance.
Attorney Folmer explained that the proposed amendment would 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.
The amendment would also include language that would allow the Town to relevy any unpaid
fire inspection fees (90 days delinquent) to the Town and County tax bill.
Councilman Proud explained that the lockbox is a secure device that can only be opened
after the Fire Department makes a call to the 911 Center. The 911 Center sends a signal that
allows the knoxbox on the fire truck to be opened to retrieve the knox key. The knox key opens
the lockbox, which is constructed on the exterior of a building/home. The 911 Center records the
time that the signal is sent and to whom. Councilman Proud mentioned that he has a lockbox at
his residence for fire purposes or medical emergencies.
Members of the Board did not receive negative feedback regarding the proposed
amendment.
No further comments or discussions were heard.
The Public Hearing was closed at 5:10 p.m.
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MARCH 18, 2009
5:10 P.M.
PUBLIC HEARING NO.2
LOCAL LAW OF 2009
ZONE CHANGE
LOUIS SACHETTI, APPLICANT
JOANN D. CLOWSER, OR
706 NYS ROUTE 13
TAX MAP # 105.00-01-49.110
A Public Hearing was held by the Town Board of the. Town of Cortlandville at the
Raymond G. Thorpe, Municipal Building, 3577 Terrace Road, Cortland, New York, concerning a
Zone Change request made by Louis Sachetti to re-classify and re -designate a 78.5+/- acre parcel
located off of NYS Route 13 in the Town of Cortlandville from B-1 Neighborhood Business to
B-2 Highway Commercial, tax map # 105.00-01-49.110.
Members present: Supervisor, Richard Tupper
Councilman, Theodore Testa
Councilman, Edwin O'Donnell
Councilman, Ronal L. Rocco
Councilman, John Proud
Town Clerk, Karen Q. Snyder, RMC
Others present were: Town Attorney, John Folmer; Highway Sup't. Carl Bush; Attorney,
Mike Shafer, Riehlman, Shafer & Shafer; Cortland County Legislator, Gene Waldbauer; Rhen
Waldbauer; News Reporters, Eric Mulvihill from WXHC, Eileen Hughes from the Cortland
Standard, and Grace Meddaugh for Channel 2, Access TV.
Supervisor Tupper called the Public Hearing to order.
Town Clerk, Karen Q. Snyder, read aloud the published, posted and filed legal notice.
Supervisor Tupper offered privilege of the floor to those in attendance.
Attorney Mike Shafer apprised the Board he represented the applicant, Louis Sachetti
who was requesting a zone change from B-1 to B-2. Attorney Shafer noted that he spoke with
Chuck Feiszli, Cortland County Planning Board, who opposed the zone change not because he
opposed the project, but because the Town adopted a new zoning law and map in 2008.
Supervisor Tupper commented that the application was an extension of the B-2 Highway
Commercial district. He explained that B-1 was for neighborhood businesses; B-2 was for
business in heavily traveled highway areas; and B-3 was for big -box businesses on heavily
traveled highways. Supervisor Tupper stated that the Board could have easily extended the B-2
district to the Town line on Route 13. Supervisor Tupper also explained that because the
property is located adjacent to the B-2 district, spot zoning would not be caused as a result of the
zone change.
No further comments or discussions were heard.
The Public Hearing was closed at 5:13 p.m.
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MARCH 18, 2009
5:13 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 L. Rocco
Councilman, Edwin O'Donnell
Councilman, John Proud
Town Clerk, Karen Q. Snyder, RMC
Others present were: Town Attorney, John Folmer; Highway Sup't. Carl Bush; Attorney,
Mike Shafer, Riehlman, Shafer & Shafer; Cortland County Legislator, Gene Waldbauer; Rhen
Waldbauer; News Reporters, Eric Mulvihill from WXHC, Eileen Hughes from the Cortland
Standard, and Grace Meddaugh for Channel 2, Access TV.
Supervisor Tupper called the meeting to order.
RESOLUTION #61 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
General Fund B
Vouchers 4137 - 173
B33 - B39
1117,556,21
$ 25,189.33
Highway Fund DB
D86 - D95
$ 6,288.89
Trust & Agency
T11 - T13
$ 6,740.19
Water Fund
W69 - W79
$ 8,994.08
Sewer Fund
S33 - S35
$ 69,693.69
Supervisor Tupper offered privilege of the floor to those in attendance.
Councilman Rocco updated the Board regarding his progress to reduce the speed limit on
McLean Road from 55 mph to 45 mph. Councilman Rocco met with Glen Reisweber, Director
of the Lime Hollow Nature Center, as well as with Carl Ford, Regional Director, Region Three,
of the NYS DOT, who personally came to Cortlandville to review the request. Six traffic
engineers from the NYS DOT were also sent to review the speed limit on McLean Road,
between Deerfield Heights and the Cortland County/Tompkins County line. After meeting with
Mr. Ford, Councilman Rocco anticipated that new signs would be posted to advise motorists of
the Lime Hollow Nature Center, and hoped the reduction in speed limit would be approved.
Councilman Rocco informed the Board that he contacted the Cortland, Homer and
Dryden School Superintendents, Cortlandville Fire Department, and New York State Police and
asked that letters be written supporting the reduction in speed limit.
County Legislator, Gene Waldbauer apprised the Board he was in attendance to answer
any questions they may have regarding the County.
Councilman Rocco questioned what the Board could do to get the County to notify the
Town regarding plans for the County Airport and eminent domain proceedings.
Mr. Waldbauer stated that the Department Heads should update the Legislators, who
should then notify municipalities. Unfortunately there has been some miscommunication in the
past, and he hoped communication would improve.
Councilman Rocco stated it was important for the Town to be notified regarding plans for
the County Airport because it is located in the Town of Cortlandville. He hoped the Town would
be provided with a "Master Plan" and updated regularly.
MARCH 18, 2009 TOWN BOARD MEETING (PAGE 2
RESOLUTION #62 ACCEPT ANNUAL REPORT OF THE LAMONT MEMORIAL
FREE LIBRARY FOR THE YEAR 2008
Motion by Councilman O'Donnell
Seconded by Councilman Proud
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Annual Report of the Lamont Memorial Free Library for the year 2008
is hereby accepted and shall be received and filed. .
Monthly reports from the Town Justice for the months of January and February 2009
were on the table for'review and are filed in the Town Clerk's Office.
Councilman Proud made a motion, seconded by Councilman O'Donnell, to receive and
file correspondence from Dr. Kristin Clark -Lowell, D.M.D., dated March 9, 2009, regarding the
construction of her new dental office on Luker Road, and an invitation to the open house. All,
voting aye, the motion was carried.
Councilman Rocco made a motion, seconded by Councilman O'Donnell, to receive and
file correspondence from Time Warner Cable, dated March 13, 2009, regarding a transaction
involving the ownership of Time Warner Cable, Inc. All voting aye, the motion was carried.
Councilman Rocco made a motion, seconded by Councilman Proud, to receive and file
correspondence (email) from the New York State Economic Recovery and Reinvestment
Cabinet, dated March 13, 2009, regarding the Town's request for funding for the proposed
Polkville water project, and the Route 13 sewer project, both of which were both put on the New
York State Economic Recovery list. All voting aye, the motion was carried.
Councilman Rocco apprised the Board that a grant was available to provide police
service for three year's. After three years the Town would have to pick up the cost.
Supervisor Tupper apprised the Board he was looking into the matter and already met
with the County Sheriff, County Administrator, and County Legislative Chairman regarding
police protection. The Town was not interested in establishing its own police department, but
was discussing services to the Town as it continues to grow.
Councilman 'Testa commented that Cortlandville taxpayers pay 25% of the County's
budget, which includes services from the Sheriff's Department.
RESOLUTION 463 ADOPT LOCAL LAW NO. 1 OF 2009 AMENDING CF[APTER
86, FIRE PREVENTION AND BUILDING CODE
ADMINISTRATION AND ENFORCEMENT, OF THE
CODE OF THE TOWN CORTLANDVILLE
Motion by Councilman Rocco
Seconded by Councilman Proud
VOTES: Supervisor Tupper Aye
Councilman Testa Aye
Councilman Rocco Aye
Councilman Proud Aye
Councilman O'Donnell Aye
ADOPTED
WHEREAS, a resolution was duly adopted by the Town Board of the Town of Cortlandville for
a public hearing to be held by said Board to hear all interested parties on a proposed Local Law
amending Chapter 86, Fire Prevention and Building Code Administration and Enforcement of
the Code of the Town of Cortlandville, and
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MARCH 18, 2009 TOWN BOARD MEETING PAGE 3
WHEREAS, a notice of said public hearing was duly published in the Cortland Standard, the
official newspaper of the said Town, and posted at the Raymond G. Thorpe Municipal Building,
3577 Terrace Road, Cortland, New York, as required by law, and
WHEREAS, said public hearing was duly held and all parties in attendance were permitted an
opportunity to speak on behalf of or in opposition to said proposed Local Law, or any part
thereof, and
WHEREAS, the Town Board of the Town of Cortlandville, after due deliberation, finds it in the
best interest of the Town to adopt said Local Law,
NOW, THEREFORE, the Town Board of the Town of Cortlandville hereby adopts said Local
Law as Local Law No. 1 of 2009, amending Chapter 86, Fire Prevention and Building Code
Administration and Enforcement of the Code of the Town of Cortlandville, a copy of which is
attached hereto and made part hereof, and the Town Clerk is directed to enter said Local Law in
the minutes of this meeting and in the Local Law Book of the Town of Cortlandville, and to give
due notice of the adoption of said Local Law to the Secretary of State.
Be it enacted by the Town Board of the Town of Cortlandville as follows:
Section 1. Section 86-16 of the Fire Prevention and Building Construction Law of the Town of
Cortlandville is amended by adding the following language to said Section:
Any fee required by this Article for services rendered pursuant to the provisions of this
Article which remains unpaid for 90 days shall be added to the next issued Town and County tax
bill.
Section 2. There is added to this Article Section 86-11a, which shall provide as follows:
Lockboxes.
A. The purpose and intent of this section is to minimize the time of entry to property by
Fire Department personnel at times of fire alarms, thus reducing the loss of property,
both real and personal, and to enhance the response time experienced by fire
personnel.
B. A lockbox for storing building keys shall be obtained and affixed on certain premises
described herein. Such lockbox shall be prescribed by the Cortlandville Fire District
and shall be obtained in the manner established by said Fire District.
C. Lockboxes shall be required for all new and existing buildings, other than one- or
two- family dwellings, that have fire alarm and/or fire detection systems that result in
the Cortland County 911 Center being notified of a fire alarm and which in return
require a response from the Cortlandville Fire Department. Alarm systems include
but are not limited to municipal fire alarms, radio, telephone -leased line, telephone
dialer or central station systems, subject to the provisions of Subsection E hereof.
D. Lockboxes shall be affixed to structures in the manner detailed by the manufacturer
and in the location established by the Cortlandville Fire Department.
E. In the event that it is determined by the Cortlandville Fire Department that the intent
of this section would not be served by the installation of a lockbox at specific
premises by reason of impracticability, government regulation or other factor, a
written waiver of the provisions of this section, limited to the specific premises in
question, may be issued by the District. The determination of the Fire District as to
the issuance of such waiver shall be final and determinative. Any such waiver issued
in conjunction with new construction shall be provided to the Code Enforcement
Officer at the time an application for a building permit is submitted. Any such waiver
issued in conjunction with structures existing on the effective date of this section shall
be retained by the owner of the premises described in such waiver, and shall be
exhibited to the Code Enforcement Officer upon his request.
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MARCH 18, 2009
TOWN BOARD MEETING
]PAGE 4
F. Any entry obtained by Fire District personnel utilizing the lockbox keys shall be
reported by the person supervising such entry to the owner of record as soon as is
practical after such entry.
G. With regard to new structures, this section shall take effect when filed with the
Secretary of State as required by law. With respect to structures in existence on the
date of such filing, this section shall take effect on January1, 2010.
Section 3. This Local Law shall take effect on the date of filing with the Secretary of State as
required by law.
Attorney Folmer and the Board reviewed the SEQR Short Environmental Assessment
Form with regard to the Zone Change request submitted by Louis Sachetti for property, located
on NYS Route 13.
RESOLUTION #64 DECLARE NEGATIVE IMPACT FOR ZONE CHANGE
REQUEST SUBMITTED BY LOUIS SACHETTI FOR
PROPERTY LOCATED ON THE SOUTHEAST SIDE OF
NYS ROUTE 13
Motion by Councilman Proud
Seconded by Councilman Rocco
VOTES: ALL AYE ADOPTED
WHEREAS, a Zone Change request was submitted by Louis Sachetti for property located on the
southeast side of NYS Route 13, approximately 1/3 mile southwest of the South Cortland Virgil
Road/NYS Route 13 intersection, tax map # 105.00-01-49.110, 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 that the proposed Zone
Change request shall have no significant environmental impact.
RESOLUTION #65 AUTHORIZE SUPERVISOR TO SIGN SEQRA APPLICATION
FOR THE ZONE CHANGE REQUEST SUBMITTED BY
LOUIS SACHETTI
Motion by Councilman Proud
Seconded by Councilman Rocco
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Supervisor is herby authorized and directed to sign the SEQRA
application relating to the Zone Change request submitted by Louis Sachetti for property located
on NYS Route 13.
RESOLUTION #66 ADOPT LOCAL LAW NO. 2 OF 2009 AMENDING THE
ZONING LAW AND MAP OF THE TOWN OF
CORTLANDVILLE FOR A ZONE CHANGE ON THE
SOUTHEAST SIDE OF NYS ROUTE 13 SUBMITTED BY
LOUIS SACHETTI
Motion by Councilman Proud
Seconded by Councilman Rocco
VOTES: ALL AYE ADOPTED
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MARCH 18, 2009 TOWN BOARD MEETING PAGE 5
WHEREAS, a resolution was duly adopted by the Town Board of the Town of Cortlandville for
a Public Hearing to be held by said Board to hear all interested parties on a proposed Local Law
amending the Zoning Ordinance of the Town of Cortlandville to reclassify tax map parcel
#105.00-01-49.110 from its present B-1 Business classification to a B-2 Business classification,
and
WHEREAS, a notice of said public hearing was duly published in the Cortland Standard, the
official newspaper of the said Town, and posted at the Raymond G. Thorpe Municipal Building,
3577 Terrace Road, Cortland, New York, as required by law, and
WHEREAS, said public hearing was duly held and all parties in attendance were permitted an
opportunity to speak on behalf of or in opposition to said proposed Local Law, or any part
thereof, and
WHEREAS, pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State
Environmental Quality Review Act) of the Environmental Conservation Law it has been
determined by the said Town Board that adoption of said proposed Local Law would not have a
significant effect upon the environment and could be processed by their applicable governmental
agencies without further regard to SEQRA, and
WHEREAS, the Town Board of the Town of Cortlandville, after due deliberation, finds it in the
best interest of the Town to adopt said Local Law,
NOW, THEREFORE, the Town Board of the Town of Cortlandville hereby adopts said Local
Law as Local Law No. 2 of 2009, a copy of which is attached hereto and made a part hereof, and
the Town Clerk be and she hereby is directed to enter said Local Law in the minutes of this
meeting and in the Local Law Book of the Town of Cortlandville, and to give due notice of the
adoption of said Local Law to the Secretary of State.
Be it enacted by the Town Board of the Town of Cortlandville as follows:
Section 1. The Town of Cortlandville Zoning Law and Map are hereby amended by this Local
Law as follows:
The following parcel situated on the southeast side of NYS Route 13 in the Town of
Cortlandville identified below is hereby zoned and designated as B-2 Business under the Town
of Cortlandville Zoning Law and Map, subject to all regulations created and established relative
to said District:
Tax Map No. Address Reputed Owner
105.00-01-49.110 706 NYS Route 13 Joann D. Clowser
Town of Cortlandville, New York
Section 2. All ordinances, local laws, and parts thereof inconsistent with this Local Law are
hereby repealed.
Section 3. Effective Date. This Local Law shall take effect immediately upon filing with the
Secretary of State of the State of New York as required by law.
Town Clerk Snyder informed the Board they were invited to the USDA Rural
Development Open House and dedication ceremony for the new office located at 1 North Main
St., 2nd Floor, Cortland, New York on March 26, 2009 at 10:00 a.m.
Attorney Folmer reported:
Wal-Mart Supercenter — Stormwater Management Contract:
Attorney Folmer apprised the Board he received the contractual agreement to be signed
between Wal-Mart Supercenter and the Town regarding the stormwater facilities, access, and
management at the new Supercenter. While Wal-Mart would be obligated to maintain the
stormwater facilities, it was recommended that the Town have a contractual agreement allowing
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MARCH 18, 2009 TOWN BOARD MEETING PAGE 6
the Town to have an "entrance easement" for the purpose of emergency repairs or maintenance.
Attorney Folmer reviewed the contract and recommended the Board authorize the Supervisor to
execute the documents.
RESOLUTION #67 AUTHORIZE SUPERVISOR TO EXECUTE CONTRACT
AGREEMENT WITH WAL-MART SUPERCENTER
REGARDING STORMWATER FACILITIES, ACCESS, AND
MANAGEMENT____
Motion by Councilman Proud
Seconded by Councilman Rocco
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to execute
the contract agreement with Wal-Mart Supercenter regarding stormwater facilities, access, and
management, subject to approval from the Town's engineering firm, Clough Harbour &
Associates.
South Hill Dump:
Attorney Folmer reported that while the New York State Department of Environmental
Health removed the South Hill Dump site from the Class III list, the Dump was now listed as a
Class II site.
Water Benefit Tax Refund — Derrick Beaumont:
Attorney Folmer recalled the discussion and resolution adopted at the March 4, 2009
Town Board Meeting regarding the request of Derrick Beaumont to remove and refund the
Water Benefit tax for property located at 1134 Route 13. Attorney Folmer apprised the Board he
received a return phone call from Mitchell Morris, Chief Counsel at the State Comptroller's
Office in Albany after the March 41h meeting. Mr. Morris discussed the six -year statute of
limitations, which Attorney Folmer previously advised the Board of. Mr. Morris advised him
that while the Town Board had the authority to exceed the statute of limitations by authorizing a
refund for eight years, State auditors may question the additional two years as an
unconstitutional gift of public monies. Attorney Folmer questioned whether the Board wanted to
revisit the issue.
Supervisor Tupper commented that because Councilman Proud was not in attendance at
the March 4, 2009 meeting, he could make a motion to reconsider the resolution. He stated that
the Town should not act in a way that would raise a red flag with the State Comptroller's Office.
Councilman Rocco stated he was under the impression that the Board could honor the
six -year statute of limitations or extend the time. He stated he was willing to discuss the matter
again.
RESOLUTION #68 RECONSIDER RESOLUTION #58 OF 2009 REGARDING THE
WATER BENEFIT TAX REFUND FOR PROPERTY OWNED
BY DERRICK BEAUMONT
Motion by Councilman Proud
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby reconsider Resolution #58 of 2009,
authorizing a refund to Derrick Beaumont for the actual amounts paid for 8 years of the Water
Benefit tax, for the years 2002 through 2009, which exceeded the 6-year statute of limitations.
Attorney Folmer and the Board recapped discussion that occurred at the March 4, 2009
Town Board Meeting regarding Mr. Beaumont's request. Attorney Folmer explained the 6-year
statute of limitations, and the Board's decision to refund 8 of the 12 years that the water benefit
tax was erroneously charged to the property owner. Discussion continued regarding how a
decision was made.
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MARCH 18, 2009 TOWN BOARD MEETING PAGE 7
Councilman Proud commented that the Board's decision was a matter of choice. The law
allows a claimant to make a claim for up to six years; the Town's policy should follow the State
law. Councilman Proud recommended the Board's Resolution comply with the State's
requirements. He questioned what the Board would do if a claim was made for 50 years
reimbursement, and whether a compromise would be made or if a policy would be put into place
to deal with these issues.
Councilman Rocco stated he was under the impression that the Board had the authority to
make its own decision regarding the matter, on a case -by -case basis.
Attorney Folmer stated that if a claim were made, the Board could direct him to disregard
the statute of limitations defense and proceed as the Board wanted. The problem is that when the
Board decides to refund 8 years instead of 6 years, they are opening the door for the claim of a
gift of public property. He questioned whether the Board would be prepared to deal with audit
issues that could arise.
Councilman Testa made a motion to amend Resolution #58 of 2009 by authorizing a
refund for six years, from 2004 through 2009.
Councilman Rocco reiterated his prior comments made on the matter. He felt that an
auditor would understand the Board's decision to exceed the statute of limitations.
Attorney Folmer reiterated that the Comptroller's office offered the opinion that an
auditor may find the expenditure to be an "unconstitutional gift of public funds." The six -year
statute of limitations was not a matter of opinion, but contained in the Civil Practice Law and
Rules.
RESOLUTION #69 AMEND RESOLUTION #58 OF 2009 BY AUTHORIZING A
REFUND TO DERRICK BEAUMONT FOR THE WATER
BENEFIT TAX PAID TO THE TOWN FOR THE YEARS 2004
THROUGH 2O09
Motion by Councilman Testa
Seconded by Councilman Proud
VOTES: Supervisor Tupper Aye
Councilman Testa Aye
Councilman Proud Aye
Councilman O'Donnell Aye
Councilman Rocco Nay
ADOPTED
WHEREAS, per Resolution #58 of 2009 the Town Board authorized and directed 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 authorized a
refund for the actual amounts paid for eight years of the Water Benefit tax, for the years 2002
through 2009, which exceeded the 6-year statutory limit, and
WHEREAS, per Resolution 468 of 2009, the Town Board reconsidered Resolution #58 of 2009
and agreed, after a lengthy discussion, the six -year statute of limitations provided by the New
York State Civil Practice Law and Rules should be adhered to with regard to their decision to
refund Mr. Beaumont, therefore
BE IT RESOLVED, the Town Board does hereby amend Resolution #58 of 2009 by authorizing
a refund for the actual amounts paid for 6 years of the Water Benefit tax, for the years 2004
through 2009, which adheres to the 6-year statutory limit, and it is further
RESOLVED, a refund in the amount of $863.31 shall be issued upon verification by the Town
Tax Collector that the Town and County tax bills from 2004 through 2009 have been paid.
Attorney Folmer agreed to write a letter to Mr. Beaumont notifying him that the Board
revisited the issue and why such decision was made.
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MARCH 18, 2009
TOWN BOARD MEETING
:PAGE 8
RESOLUTION #70 DECLARE THE MONTH OF APRIL AS FAIR HOUSING
MONTH IN THE TOWN OF CORTLANDVILLE
Motion by Councilman Proud
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 2009 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 the month of April as Fair Housing Month in the Town.
No further comments or discussion were heard.
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 6:03 p.m.
Respectfully 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 April 1, 2009.
The final version of this meeting was approved as written at the Town Board meeting of May 6,2009.
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