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HomeMy WebLinkAbout04-18-200191 APRIL 18, 2001 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, John Pilato Town Clerk, Karen Q. Snyder Absent: Councilman, Ronal Rocco Others present: Town Attorney, John Folmer; Highway Sup't., Carl Bush; retired Town Historian, Alice Blatchley, her children Dave Blatchley, Susan Epstein; Town Assessor, David Briggs; Town Historian, Val Schmidt; Town employees, Mary Caufield with her daughter Melissa, Pam Bassett, Pam McLean, Marcia Hicks, Beth D'Ambrosio; Town residents, Pauline Parker, John DelVecchio; Newsreporter, Chris Nolan. Supervisor Thorpe called the meeting to order following a retirement reception f or retired Town Historian, Alice Blatchley. Supervisor Thorpe presented a plaque to Mrs. Blatchley commemorating her 22 years as Town Historian. He also expressed the town's indebtedness to Mrs. Blatchley and thanked her for her many accomplishments and years of dedicated service to the town. Mrs. Blatchley expressed her appreciation for the reception and plaque given to her by the town and thanked everyone for this honor. Councilman Testa apprised Mrs. Blatchley the town's next newsletter would be dedicated to her. Councilman O'Donnell made a motion, seconded by Councilman Pilato, to approve the Town Board Minutes of January 17, 2001, as written. All voting aye, the motion was carried. Councilman O'Donnell made a motion seconded by Councilman Pilato, to receive and file Town Planning Board Minutes March 6, 2001. All voting aye, the motion was carried. Councilman O'Donnell made a motion seconded by Councilman Pilato, to receive and file Zoning Board of Appeals Minutes March 6, 2001. All voting aye, the motion was carried. RESOLUTION #84 AUTHORIZE PAYMENT OF VOUCHERS - APRIL Motion by Councilman Testa Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED, the vouchers submitted have been audited and shall be paid as f ollows: General Fund A Vouchers #186 -204 $ 8,042.63 General Fund B 29 - 30 $ 345.78 Highway Fund DB 135 -151 $12,796.63 Water Fund 91 - 98 $ 4,821.85 Sewer Fund 57 - 63 $ 647.92 Capital Projects 15 - 16 $ 1,190.81 95 APRIL 18, 2001 TOWN BOARD MEETING PAGE 2 Supervisor Thorpe offered privilege of the floor to John DelVecchio. John DelVecchio resides at 3460 Meadow Lane and owns two vacant lots in the same area, which is part of the Hillside Drive subdivision. When the water line was installed a curb box was installed at his residential property. Mr. DelVecchio inquired as to why he needed to pay the water benefit tax on two vacant lots where no curb box exist. Supervisor Thorpe explained the benefit tax is assessed to the property owner because the property has been increased in value by having water available. He asked Highway Sup't., Carl Bush, for clarification of the town's responsibility regarding curb boxes. Highway Sup't. Bush explained the owner is responsible for paying for curb boxes. Originally the town installed curb boxes where owners felt they may need them in the future. Owners were purchasing two lots but building on one and only using one curb box. This left an unused curb box as a potential hazard to the water system. It was then decided not to install a curb box until needed. Either way the homeowner pays for the box through the benefit tax. Town Assessor, David Briggs explained the town ordinance states any property that has water available is charged either on frontage, consumption or number of dwelling units, whichever produces the most units. There is no accommodation for whether a house is on the property or vacant. If a water line goes down the street, regardless of curb boxes, a lot with a hundred -foot frontage with a house is charged one unit, the same as a hundred foot vacant lot. The vacant lot does not pay for quarterly water usage. Mr. DelVecchio stated his house had the opportunity for a curb box but the vacant lots did not. It will cost $2500 to have water ran to the lots. Why aren't property owners approached concerning installation of curb boxes? A discussion was held concerning the Benefit Tax being fair to everyone. Also discussed was the cost of boring under and reconstructing a road in order to run water to properties on the opposite side of the line. Supervisor Thorpe stated the line cannot run on both sides of the road. Inevitably it would be necessary to bore under the road. Assessor Briggs stated the town has looked at the benefit tax formula over several years in regards to being fair to everyone. The conclusion was if the ordinance changed to give every lot a break then the Benefit Tax for every house would be increased. Mr. DelVecchio stated his issue is with the availability of curb boxes, the ordinance does not address this. Assessor Briggs stated the Benefit Tax calculation has no deduction for the lack of a curb box. He explained when the Hillside Drive project was laid out property owners were notified, Public Hearings were held, Bonds were issued, tax map parcels involved were included in the Public Hearings and comments from the public were available at that time. That was the time to comment concerning curb boxes and fairness of the ordinance. Mr. DelVecchio stated it would cost more to run water to one of his vacant lots then to the other due to the location of the water main. Attorney Folmer stated the ordinance states when water is available, which means there is a water line available to that property provided by the town in the right of way, not necessarily with a stub going to an individual lot a benefit .tax is charged. This is the way the Hillside Drive project was laid out, reviewed by the public at a Public Hearing. This is the way the ordinance is written. Mr. DelVecchio, referring to his residential property, questioned not having to pay for hook up from the right away to the main but there will be a cost for hook up to his vacant lots. He also questioned where the ordinance addressed existing properties and where the availability of water begins and ends. Attorney Folmer stated the ordinance provides the water line is to be connected by the property owner from the main on. Highway Sup't. Bush explained that the town installed curb boxes at the town's expense. The town could have installed curb boxes on every lot. By doing this it would have raised the Benefit Tax for everyone. 96 APRIL 18, 2001 TOWN BOARD MEETING PAGE 3 Monthly reports for the Justice and SPCA for March 2001, are on the table for review and filed in the Town Clerk's office. Councilman Pilato apprised the Board he has received several calls from residents regarding the short timing of the traffic light for vehicles exiting from Lamont Circle onto Route 281. Councilman Pilato stated this has created a traffic hazard. He requested Highway Sup't. Bush contact NYS DOT and inquire if the timing could be lengthened. Councilman O'Donnell apprised the Board Lamont Memorial Librarian has invited the Board to visit the library before the Board meeting on May 22, 2001 to be held in McGraw. He informed the librarian the Board would attend at 6:15 p.m. or as early as everyone can arrive. Attorney Folmer added the library received a grant from the Bill Gates Foundation. The Board will get a chance to see the newly installed computers with programs. Councilman O'Donnell, made a motion, seconded by Councilman Pilato, to receive and file a letter from TLC Central, LLC., advising of their application for a liquor license for Applebee's Neighborhood Grill & Bar located at 856 NYS Route 13. All voting aye, the motion was carried. Attorney Folmer reported: Niagara Mohawk billing: Attorney Folmer stated in the past questions had been raised concerning Niagara Mohawk's billing. The town engaged the services of Troy & Banks Consultants to negotiate an arrangement with Niagara Mohawk. Troy & Banks Consultants recommended the town except $3,588.20 in payment of claim for over billing of street lighting. The benefits are the town will be paid immediately. Niagara Mohawk will implement different standards for records and billing. The town will have no exposure to under billing liability prior to December 31, 2000. The disadvantage is the town will be unable to claim any refund prior to January 1, 2001. Troy & Banks Consultants believe this is a beneficial outcome for the town. Attorney Folmer recommended the town agree to this settlement. RESOLUTION #85 AUTHORIZE SUPERVISOR TO SIGN AGREEMENT WITH TROY & BANKS CONSULTANTS REGARDING A SETTLEMENT WITH NIAGARA MOHAWK POWER CORPORATION Motion by Councilman Pilato Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED WHEREAS, the town requested Troy & Banks Consultants to investigate the town's street light billing concerns from Niagara Mohawk Power Corporation, and WHEREAS, after investigation Troy & Banks Consultants found a claim was warranted for street light over billing from Niagara Mohawk Power Corporation in the amount of $3,588.20, and WHEREAS, Troy & Banks Consultants recommends the town enter into an agreement for settlement for such funds, and WHEREAS, the Town Attorney has reviewed said agreement and recommends approval of said agreement, therefore BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to sign an agreement with Troy & Banks Consultants regarding a settlement with Niagara Mohawk Power Corporation for the over billing of street lighting. APRIL 18, 2001 TOWN BOARD MEETING PAGE 4 Councilman O'Donnell inquired into the status of the SPCA's request of $1200.00 for their spay/neuter clinic for cats. Attorney Folmer stated he would have an answer at the next Board meeting. RESOLUTION #86 AUTHORIZE THE CORTLAND CITY SCHOOL DISTRICT USE OF THE VOTING MACHINE AND MEETING ROOM TO CONDUCT THEIR ANNUAL SCHOOL BOARD ELECTION ON MAY 15, 2001 Motion by Councilman Testa Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby authorize the Cortland City School District use of the town voting machine and the meeting room to conduct their annual School Board Elections on May 15, 2001 from 11:30 a.m. to 9:00 p.m. Councilman O'Donnell inquired if the school district using the meeting room would interfere with Town Hall business. Supervisor Thorpe stated on Tuesday's the Justice holds open court, that is held in the courtroom. Voting will not be interrupted. RESOLUTION #87 AUTHORIZE THE MCGRAW CENTRAL SCHOOL DISTRICT USE OF THE VOTING MACHINE TO CONDUCT THEIR ANNUAL BUDGET VOTE ON MAY 15, 2001 Motion by Councilman Testa Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby authorize the McGraw Central School District use of the town voting machine to conduct their annual budget vote on May 15, 2001. RESOLUTION #88 AUTHORIZE SUPERVISOR TO TRANSFER $2,000.00 FROM THE SEWER SURPLUS FUND TO THE CAPITAL PROJECT SEWER FUND FOR CRESTWOOD COURT SEWER PROJECT Motion by Councilman Testa Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED WHEREAS, the bookkeeper has requested a cash advance be transferred from the Sewer Surplus Fund to the Capital Project Sewer Fund for the Crestwood Court Sewer Project, therefore BE IT RESOLVED, the Supervisor is hereby authorized and directed to transfer $2000.00 from the Sewer Surplus Fund to the Capital Project Sewer Fund, and it is further, RESOLVED, the Town Sewer Surplus Fund will be reimbursed when the project is bonded. 98 APRIL 18, 2001 TOWN BOARD MEETING PAGE 5 RESOLUTION #89 AUTHORIZE SUPERVISOR TO TRANSFER $300.00 FROM THE WATER SURPLUS FUND TO THE CAPITAL PROJECT WATER FUND FOR PAGE GREEN ROAD WATER PROJECT Motion by Councilman Testa Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED WHEREAS, the bookkeeper has requested a cash advance be transferred from the Water- Surplus Fund to the Capital Project Water Fund for the Page Green Road Water Project, therefore BE IT RESOLVED, the Supervisor is hereby authorized and directed to transfer $300.00 from the Water Surplus Fund to the Capital Project Water Fund, and it is further, RESOLVED, the Town Water Surplus Fund will be reimbursed when the project is bonded. Attorney Folmer apprised the Board the required notice of publication for adoption of Bonding Resolutions for Page Green Road and Crestwood Court Improvement Projects was in the Cortland Standard. After the twenty -day waiting period the bonding will be in place. At that time the Water and Sewer Surplus Funds can be reimbursed. The Board discussed postponing the May 2nd 2001 meeting with Rerob LLC. regarding their proposed gas station on the corner of Route 13 and Lime Hollow Road. Attorney Folmer stated if the Town Planning Board has not received all the information needed to make a determination at their April 24, 2001 meetin they would not be able to make a recommendation to the Town Board by May 2° 2001. Attorney Folmer will speak with Code Enforcement Officer Bruce Weber to confirm all the necessary information will be available by the next Town Planning Board meeting. It was decided to postpone the meeting with Rerob LLC. on May 2nd 2001 to allow the Planning Board time to make their recommendations. A new date will be scheduled at the May 2nd 2001 Town Board meeting. 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 5:30 p.m. Respectfully submitted, Karen Q. Snyder Town Clerk Town of Cortlandville