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