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HomeMy WebLinkAbout02-06-2002309 FEBRUARY 06, 2002 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; Water & Sewer Sup't., Peter Alteri; Paul Suits and Dick Schutz of Suit -Kole Corporation; James Trasher of Clough, Harbour & Associates: Deputy Town Clerk, Kristin Rocco; town residents, Mike and Marlene Mallah and News Reporter, Chris Nolan. Supervisor Thorpe called the meeting to order. Supervisor Thorpe offered privilege of the floor to Mike Mallah. Mike Mallah of 4011 Collegeview Drive requested the status of the Highland Road Sewer Project. Mr. & Mrs. Mallah were informed that work on the town sewer system was to begin on Collegeview Drive in June 2002. Mr. Mallah contacted Councilman Rocco inquiring what the Board would do for property owners that have recently installed their own septic system. Mr. Mallah explained he installed a new septic system after the Town Engineer stated the town would never put in a sewer system in their area. Later the Mallah's were informed the town sewer would be installed. They are now requesting to never be forced to connect to the town sewer. Councilman Testa stated after the town sewer project is complete residents have one year to connect to that system per the Town and County Health Department regulations. Councilmen Testa and O'Donnell explained they had similar situations at their homes with the down sewer system being installed after they had replaced their septic tanks. Mrs. Mallah stated the Health Dept. is ignoring raw sewage coming down Highland Road. The Health Department has been informed of this issue. Attorney Folmer recommended they contact the Health Dept. again as there is nothing in the town codes to deal with this situation. The complaint will become part of the Health Dept.'s record and dealt with immediately. Mr. Mallah stated the reason they are at tonight's meeting is that they have taken care of their problem and do not want to be forced to connect to a system they do not need. Mr. Mallah had investigated the town's plans several years ago regarding this issue before installing their new septic system and based on the advise from the Town Engineer. Mr. Mallah is requesting the town either write a clause guaranteeing them not to be part of this project, or pay for their installation to the town sewer when available or pay for their prior work on their septic system. Attorney Folmer stated the Board cannot write a clause guaranteeing a property owner will never be required to connect to the town sewer system. This would jeopardize the town's bonding and violate the State Comptroller's regulations for this project. The town is also not permitted legally to perform work on private property for private citizens with municipal funds. Attorney Folmer stated he doesn't believe it is legal to reimburse the Mallah's for their present system. The capital project planning list including the Highland Road project has been in effect for two to three years. Attorney Folmer stated to the best of his knowledge no one on this Board has ever stated this project would never be accomplished. Attorney Folmer also explained apparent authority is relying on a statement made by an individual that appears to be in authority to make a commitment on behalf of the town. According to law apparent authority does not exist with regard to municipalities. Attorney Fohner stated he does not believe the town is empowered to do anything to alleviate the Mallah's situation. Allowing anyone to be exempt from the requirements of the sewer ordinance would set a disastrous precedence. Attorney Folmer will investigate the issue and get back to the Mallahs. Water and Sewer Sup't Peter Alteri discussed costs to connect to the town sewer, benefit tax and quarterly billing with the Mallahs. 1 n LJ 305 FEBRUARY 06, 2002 TOWN BOARD MEETING PAGE 2 Water and Sewer Sup't. Alteri explained the septic system for residents on Gwen Lane is in poor condition. The Health Dept. has been pushing for the town to install a sewer system in the Gwen Lane area to correct their situation. The Highland Road area is also very difficult on septic systems, which is why the town sewer is being installed. Mr. Mallah stated he understands but does not want to be forced to comply as he does not need the town sewer system. Attorney Folmer stated the Highland Road project is scheduled to begin in August 2002. This is an approximate time frame. Attorney Folmer stated Mrs. Mallah's neighbor was misinformed stating the Highland Road would be installed in June of 2002. Also he reiterated that he will investigate any town responsibility and get back to the Mallah's. RESOLUTION #40 ACCEPT ANNUAL REPORT OF TOWN JUSTICE Motion by Councilman O'Donnell Seconded by Councilman Pilato VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Annual Report of the Town Justice for the year 2001 is hereby accepted, and shall be received and filed. 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 Highway Fund DB Water Fund Sewer Fund Capital Projects Vouchers #37 - 78 $19,011.60 5 - 11 $39,359.06 20 - 42 $31,004.24 14 - 30 $15,252.18 11 - 13 $ 9,409.33 5 - 6 $34,547.10 Monthly reports for the Tax Collector for January 2002 and the Supervisor for December 2001 and January 2002 are on the table for review and filed in the Town Clerks. Councilman O'Donnell made a motion seconded by Councilman Pilato, to receive and file notification from Kent L. Finkelstein regarding his intention to apply for a liquor license with the State for the Someplace Else restaurant. All voting aye, the motion was carried. Tax Collector Karen Snyder apprised the Board of the tax -collecting season. The first eighteen days of January $2,265,780.08 was collected. In the last five days of January $2,601,781.15 was collected. Tax Collector Snyder commended her deputies and congratulated them for their hard work. The Board also congratulated the Tax Collector's office. Attorney Folmer reported: G. DeVincentis & Sons Construction Co. Inc.: Attorney Folmer apprised the Board the settlement with G. DeVincentis & Sons Construction Co. Inc. has been completed and a general release received. He will forward a copy of the release to Town Clerk Snyder and Town Bookkeeper Marcia Hicks for their records. The matter has been completed, the releases exchanged and the Arbitration Association has been informed that the matter has been resolved. FEBRUARY 06, 2002 TOWN BOARD MEETING PAGE 3 Wilbedone, Inc.: Attorney Folmer apprised the Board of receiving the agreement between the town and Wilbedone, Inc. Attorney Folmer reviewed the agreement and it is appropriate. The agreement is now to be forwarded to the State for their approval. Once the contract is drawn appropriately the State will inform the town. Hobart Hill Road: Attorney Folmer stated the certificate abandoning a portion of Hobart Hill Road was accomplished two weeks ago. Now a resolution is required authorizing the Supervisor to execute and deliver quitclaim deeds for the unused portion of Hobart Hill Road to Robert Isherwood, Bernard H. Glazier and Ina B. Bean. This resolution is subject to permissive referendum. RESOLUTION #42 AUTHORIZE TRANSFER OF SURPLUS PROPERTY TO ROBERT ISHERWOOD, BERNARD H. GLAZIER AND INA B. BEAN SUBJECT TO PERMISSIVE REFERENDUM Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE ADOPTED WHEREAS, the Town of Cortlandville (the "Town"), had previously maintained a Town highway known as Hobart Hill Road prior to the construction and relocation of Hobart Hill Road, at which time the Town constructed a new roadway to be utilized in place of a portion of Hobart Hill Road, and WHEREAS, at the time the said roadway was conveyed to the Town by one Stanley Hobart, it was agreed that in the event the roadway or any part thereof was no longer being used for highway purposes that the Town would convey said unused portion or portions to Hobart, his heirs, successors and assigns, said agreement being the consideration for this proposed conveyance, and WHEREAS, since the former utilized portion of Hobart Hill Road has not been traveled on or used as a highway since such reconstruction and relocation, the Highway Superintendent of the Town of Cortlandville with the consent of the Town Board, declared said former portion of Hobart Hill Road unqualifiedly abandoned pursuant to section 205 of the Highway Law of the State of New York; and WHEREAS, Robert Isherwood, Marlene Isherwood, Bernard H. Glazier and Ina B. Bean are the owners of property adjacent to the abandoned portion of Hobart Hill Road, and WHEREAS, the aforesaid property owners have requested the Town to transfer to them the portions of said former Hobart Hill Road, described more particularly on Exhibit A attached in compliance with the aforesaid agreement; and WHEREAS, said parcels described on Exhibit A have no value to the Town and transferring the same as requested would enable development of said parcels with attendant assessment and tax benefits to the Town. NOW, THEREFORE, BE IT RESOLVED, that th Cortlandville in regular session duly convened doe; Supervisor of said Town to execute and deliver tc quitclaim deeds conveying that portion of the former persons as individually described more particularly or to a permissive referendum as permitted by law. Town Board of the Town of hereby authorize and direct the said adjoining property owners Hobart Hill Road to each of said Exhibit A attached hereto, subject Renaissance Easements: Attorney Folmer apprised the Board the easement documents for the Renaissance Drainage project are prepared. Attorney Folmer has made arrangements with Mr. & Mrs. Bonarti and Dr. Ambrose to obtain their signatures tomorrow. Attorney Folmer hopes to have Mr. Ottenchot's signature by the end of the week. F-J 1 3v7 FEBRUARY 06, 2002 TOWN BOARD MEETING PAGE 4 Suit-Kote Corporation: Attorney Folmer stated Suit-Kote Corporation has completed their part of the SEQRA review. Attorney Folmer has Clough, Harbour & Associates comments and will be completing Part 3 to be ready at the next Board meeting. RESOLUTION #43 AUTHORIZE TO LET OUT FOR BID THE RENAISSANCE DRAINAGE PROJECT AND SET DATE OF MARCH 18, 2002 AT 10:00 A.M. FOR BID OPENING AND AWARD THE BID ON MARCH 20.2002 AT 5:00 P.M. Motion by Councilman O'Donnell Seconded by Councilman Pilato VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby authorize to let out for bid the Renaissance Drainage Project, and further RESOLVED, the bid opening date shall be set at 10:00 a.m. on March 18, 2002, and further RESOLVED, the Town Board shall award the bid at their scheduled meeting on March 20, 2002. RESOLUTION #44 AUTHORIZE REDUCTION OF THE WATER BENEFIT UNIT CHARGE FOR PROPERTY OWNED BY FREDERICK P. LITTLE AND ISSUE A REFUND Motion by Councilman O'Donnell Seconded by Councilman Pilato VOTES: ALL AYE ADOPTED WHEREAS, a request was received from Frederick P. Little requesting a unit charge reduction and refund of his water benefit tax levied on his 2002 Town & County tax bill for property located off of Starr Road, and WHEREAS, Town Assessor, David Briggs, has reviewed said request and recommended a reduction and a refund of Mr. Little's unit charge from 3.8 units to 1 unit, and it is further RESOLVED, the Town Assessor, David Briggs is hereby authorized and directed to reduce the water benefit tax charge to 1 unit for parcel #96.00-03-09.000, owned by Frederick P. Little commencing with the 2003 Town & County tax bill, and it is further RESOLVED, a refund in the amount of $304.87 shall be issued when the 2002 Town and County tax bill is paid. Supervisor Thorpe discussed an article received from Attorney Folmer regarding municipality's restrictions in making contributions to organizations. He recommended the Board examine the article. Attorney Folmer stated these restrictions do not necessarily apply where the town has contractual obligations. Attorney Folmer apprised the Board he received notification regarding Kmart filing for bankruptcy. He also received a copy of an order from the judge stating utility suppliers are to continue charging as before and Kmart is directed to pay those charges. Attorney Folmer explained James Trasher of Clough, Harbour & Associates received material regarding Rerob, LLC.'s proposed Express Mari project requesting a response by February 1, 2002. Clough, Harbour & Associates will have a response ready by February 8' and return it to Chuck Feiszli for Rerob, LLC. The next step in the Rerob, LLC. project will be ready for the February 20' meeting. Councilman Testa made a motion seconded by Councilman Pilato, to receive and file information from Richard Schutz.Suit-Kote Corporation Operations Manager regarding their Polkville Crushed Stone facility. All voting aye, the motion was carried. W2 FEBRUARY 06, 2002 TOWN BOARD MEETING PAGE 5 Mr. Schutz submitted information regarding the pugmill (coater) Suit-Kote Corporation intends to install on the existing drum mix plant at its Polkville Crushed Stone facility. Supervisor Thorpe opened a discussion regarding subdivision fees. Town Clerk Snyder stated she had supplied the Board with the current Town of Cortlandville fees. She recommended working with Code Enforcement Officer, Bruce Weber for his input in updating these fees. Attorney Folmer stated Planning Board member Nick Renzi has reviewed the Town of Salina Town Code regarding fees. He recommends incorporating wordage to the Cortlandville Code book to include various applications, consulting, inspections or other reasonable fees be determined by the Planning or Town Boards. Town Clerk Snyder stated the current fee for an Aquifer Protection Permit is $50.00. She also stated some fees collected in her office were established in the 1950's with no increase since. The Board agreed to speak with CEO Weber and investigate updating these current fees. Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE ADOPTED WHEREAS, Chapter 474 of the year 2001 amended General Municipal Law section 5-328 of the General Obligations Law to increase an insufficient fee to the maximum charged authorized of $20.00, and it is further RESOLVED, this amendment will include the wording "dishonored checks returned for insufficient funds or for other reasons", therefore BE IT RESOLVED, the Town Board does hereby adopt a fee of $20.00 on any type of dishonored checks presented to the Town of Cortlandville. Town Clerk Snyder apprised the Board that currently the town has not been charging for returned checks. She went on to explain the process she follows when notified of a returned check. Attorney Folmer stated that a dishonored check applies to insufficient funds as well as closed accounts and stop payments. RESOLUTION #46 AUTHORIZE EXTENSION OF TIME FOR TAX COLLECTION TO JUNE 1. 2002 Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, the supervisor is hereby authorized and directed to sign and forward a request for an extension of the tax collection program until June 1, 2002 to the Cortland County Treasurer, in compliance with Section 938 of the Real Property Tax Law. RESOLUTION #47 REFER AQUIFER PROTECTION PERMIT APPLICATION OF SUIT-KOTE CORPORATION TO THE TOWN AND COUNTY PLANNING BOARDS FOR THEIR REVIEW AND RECOMMENDATIONS Motion by Councilman Pilato Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Aquifer Protection Permit application submitted by Suit-Kote Corporation for their property located at on the south side of Loring Crossing Road, tax map #77.00-01-22.00, shall be referred to the Town and County Planning Boards for their review and recommendations. 1 1 309 FEBRUARY 06, 2002 TOWN BOARD MEETING PAGE 6 Supervisor Thorpe apprised the Board of a letter from Code Enforcement Weber regarding a code violation by Ann Wittmaack of 1343 Ely Road. Attorney Folmer requested postponing any action regarding this violation until February 20, 2002 in order for him to speak with Ms. Wittmaack. Attorney Folmer stated Ms. Wittmaack is his client and if the violation is not resolved the town will be required to utilize another attorney to proceed with any action. The Board agreed to withhold any action until the next meeting. RESOLUTION #48 AUTHORIZE EXTENSION OF TIME FOR THE 2001 ANNUAL REPORT OF THE SUPERVISOR Motion by Councilman Testa Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby authorize the Supervisor to apply for an additional 60-day extension to submit his annual report to the State Comptroller for the year 2001. RESOLUTION #49 AUTHORIZE SUPERVISOR TO TRANSFER $60,000.00 FROM THE WATER SURPLUS FUND TO THE CAPITAL PROJECT WATER FUND FOR PAGE GREEN ROAD WATER PROJECT Motion by Councilman Pilato 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 $60,000.00 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 extra funds bonded for the Page Green Road Water Project are available. RESOLUTION #50 AUTHORIZE SUPERVISOR TO TRANSFER $46,000.00 FROM THE SEWER SURPLUS FUND TO THE CAPITAL PROJECT SEWER FUND FOR CRESTWOOD COURT SEWER PROJECT Motion by Councilman Pilato 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 $46,000.00 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 extra funds bonded for the Crestwood Court Sewer Project are available. 310 FEBRUARY 06, 2002 TOWN BOARD MEETING PAGE 7 RESOLUTION #51 AUTHORIZE SUPERVISOR TO TRANSFER $45,000.00 FROM THE SEWER SURPLUS FUND TO THE CAPITAL PROJECT SEWER FUND FOR PAGE GREEN ROAD SEWER PROJECT Motion by Councilman Pilato 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 Page Green Road Sewer, therefore BE IT RESOLVED, the Supervisor is hereby authorized and directed to transfer $45,000.00 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 extra funds bonded for the Page Green Road Sewer Project are available. RESOLUTION #52 AMEND 2002 BUDGET AND AUTHORIZE SUPERVISOR TO TRANSFER $1,200.00 FROM ACCOUNT A1990.4 CONTINGENT TO ACCOUNT A8030.4 RESEARCH Motion by Councilman O'Donnell Seconded by Councilman Pilato VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Supervisor is hereby authorized and directed to create a new account A8030.4 Research for grant writing expenses, and it is further RESOLVED, the Supervisor is hereby authorized and directed to transfer $1,200.00 from account A1990.4 Contingent into account A8030.4 Research for grant writing expenses, and it is further RESOLVED, the 2002 Budget is hereby amended. RESOLUTION #53 AMEND 2002 BUDGET AND AUTHORIZE SUPERVISOR TO TRANSFER $47,500.00 FROM YEAR 2001 SURPLUS FUNDS TO B8020.41 PLANNING Motion by Councilman O'Donnell Seconded by Councilman Pilato VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Supervisor is hereby authorized and directed to create a new account B8020.41 Planning for Route 281 and 13 Transportation & Land Development Plan, and it is further BE IT RESOLVED, the Supervisor is hereby authorized and directed to transfer $47,500.00 utilizing year 2001 Surplus Funds into account B8020.4 I -Planning, and it is further RESOLVED, the 2002 Budget is hereby amended. Supervisor Thorpe read a memo from Councilman Rocco stating he has audited the Town Clerk and Tax Collector's records and found all to be in order. Councilman Testa stated he has audited the records for Highway and Water and Sewer Department and found all to be in order. Councilman Testa made a motion, seconded by Councilman O'Donnell, to recess the Regular Meeting to an Executive Session to discuss pending litigation. All voting aye, the motion was carried. FEBRUARY 06, 2002 TOWN BOARD MEETING PAGE 8 311 The meeting was recessed at 5:45 p.m. The following information was received from the Supervisor's office. Councilman O'Donnell 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. 1 Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE ADOPTED �. .. �. ME., BE IT RESOLVED, the Supervisor is hereby authorized and directed to apply for State Comptroller permission relative to Highland Road Sewer Improvement Project. Councilman O'Donnell made a motion, seconded by Councilman Pilato, to adjourn the Regular Meeting. All voting aye, the motion was carried. The meeting was adjourned at 6:25 p.m. 1 1 Respectfully submitted, Karen Q. Snyder Town Clerk Town of Cortlandville