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Home My WebLink About2016-02-17 Town Board Minutes6�b FEBRUARY 17, 2016 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 C. Tupper Councilman, Theodore V. Testa Councilman, John C. Proud Councilman, Gregory K. Leach Town Clerk, Karen Q. Snyder, RMC Others present were: Town Attorney, John Folmer; Highway Sup't. Carl Bush; Town Justice, David Alexander; News Reporter: Tyrone Heppard from the Cortland Standard. Supervisor Tupper called the meeting to order. Councilman Proud made a motion, seconded by Councilman Leach, to approve the Draft Special Town Board Minutes of December 30, 2015 as written. All voting aye, the motion was carried. Councilman Proud made a motion, seconded by Councilman Leach, to approve the Draft Town Board Minutes of January 20, 2016 as written. All voting aye, the motion was carried. Councilman Proud made a motion, seconded by Councilman Leach, to approve the Draft Town Board Minutes of February 3, 2016 as written. All voting aye, the motion was carried. RESOLUTION #36 AUTHORIZE SUPERVISOR TO SIGN PURCHASE ORDER #0123 Motion by Councilman Proud Seconded by Councilman Leach VOTES: AYE — Tupper, Testa, Proud, Leach NAY — 0 ADOPTED BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to sign Purchase Order #0123 to be paid to Beard Electric, LLC to upgrade the phone system in the Water/Sewer Department and Town offices (excluding the Court), for the total cost of $11,429.07. RESOLUTION #37 AUTHORIZE PAYMENT OF VOUCHERS - FEBRUARY Motion by Councilman Leach Seconded by Councilman Proud VOTES: AYE - Tupper, Testa, Proud, Leach NAY - 0 ADOPTED BE IT RESOLVED, the vouchers submitted have been audited and shall be paid as follows: Funds A, B, DA, DB Voucher #135-175 General Fund A $ 86,759.46 General Fund B $ 2,768.04 Highway Fund DA $ 0.00 Highway Fund DB $ 8,930.81 Funds CD I, CD3, CD4 Voucher #(None) BMills Rehab CD 1 $ 0.00 Town Wide Rehab CD3 $ 0.00 Business Devl C134 $ 0.00 1 X11 FEBRUARY 17, 2016 TOWN BOARD MEETING PAGE 2 Fund HA, HB, HC, HD, Voucher #62-77 HE, SS, SW Luker Rd Water HA $ 1,550.00 Owego St Water HB $ 1,777.50 NYS Rt 13 Sewer Rehab HC $ 90.89 Oakcrest/Pendleton Sewer HD $ 3,690.60 Saunders Rd Sewer HE $ 0.00 Sewer SS $126,292.73 Water SW $ 6,117.65 Funds SF, TA, TE Voucher #(None) C'Ville Fire District SF $ 0.00 Trust & Agency TA $ 0.00 Expendable Trust TE $ 0.00 Supervisor Tupper reported that there were no requests for privilege of the floor. The monthly reports of the Town Justices, Supervisor, and Water & Sewer Department for the month of January were on the table for review and are filed in the Town Clerk's office. RESOLUTION #38 ACCEPT ANNUAL REPORT OF THE LAMONT MEMORIAL FREE LIBRARY FOR THE YEAR 2015 Motion by Councilman Proud Seconded by Councilman Leach VOTES: AYE - Tupper, Testa, Proud, Leach NAY - 0 ADOPTED BE IT RESOLVED, the Annual Report of the Lamont Memorial Free Library for the year 2015 is hereby accepted and shall be received and filed. Councilman Leach made a motion, seconded by Councilman Proud, to receive and file correspondence from Time Warner Cable, dated February 17, 2016, regarding programming services. All voting aye, the motion was carried. Attorney Folmer reported: Article 78 Proceeding — Jenkins et al. vs. Town of Cortlandville et al.: Attorney Folmer reported that he appeared in court a week ago on the litigated matter, Jenkins et al. vs. Town of Cortlandville et al. The judge reserved decision on the argument made; no decision had been made. Code Enforcement Contract with the Town of Freetown: Attorney Folmer mentioned that the Town has had a contract with the Town of Freetown for numerous years to provide zoning and code enforcement services, which was fulfilled by Tom Williams. The contract contained a provision permitting either party to cancel the agreement. On February 10, 2016 the Town of Freetown adopted a resolution terminating the contract as of January 1, 2016. Attorney Folmer suggested the Board receive and file the resolution of the termination of the agreement, including a waiver of the 30-day waiting period. Councilman Leach questioned whether the Town of Freetown's account was current with the Town. Supervisor Tupper explained that the year 2015 was paid in full. Councilman Proud made a motion, seconded by Councilman Testa, to receive and file Resolution #19 of 2016 from the Town of Freetown terminating the Intermunicipal Agreement between the Town of Freetown and the Town of Cortlandville, dated January 6, 2010, and to also include a waiver of the 30-day written notice to the Town. All voting aye, the motion was carried. �67--- FEBRUARY 17, 2016 TOWN BOARD MEETING PAGE 3 Lease Agreement with Lime Hollow Nature Center: Attorney Folmer recalled that the Town negotiated and received a conveyance of real property located off of Lime Hollow Road from Cortland County. The conveyance was accomplished with the intent to lease the property to the Lime Hollow Nature Center to be used as part of their trail system. Attorney Folmer drafted a lease agreement, which was reviewed by the Nature Center and revised. He requested the Board adopt a resolution entering into the agreement subject to permissive referendum. Copies of the agreement were available for review. Supervisor Tupper questioned whether the Town had any liability. Attorney Folmer explained that included in the lease agreement was that the Nature Center would provide insurance naming the Town as an additional insured and would provide a certificate of insurance if requested. Councilman Proud mentioned the 5-year agreement between the Town and the Nature Center regarding the extension of the benefit tax one unit charge for their parcel located on Stupke Road (Resolution approved October 21, 2015). Attorney Folmer stated that once the 30- day permissive referendum expired and the lease agreement is entered into, his intention was for the Board to amend the Resolution to a 10-year agreement. Councilman Leach mentioned that there was a well drilling truck at the Town's Lime Hollow Road property, and he was concerned that the Town could be liable for the truck. Councilman Proud would look into the matter with Water & Sewer Sup't. Alteri, however Supervisor Tupper indicated that the truck has been there since the test drilling was done in Blodgett Mills. RESOLUTION #39 AUTHORIZE LEASE OF TOWN PROPERTY LOCATED OFF OF LIME HOLLOW ROAD SUBJECT TO PERMISSIVE REFERENDUM Motion by Councilman Proud Seconded by Councilman Leach VOTES: AYE - Tupper, Testa, Proud, Leach NAY - 0 ADOPTED BE IT RESOLVED, that the Town Board of the Town of Cortlandville does hereby authorize the lease of town property, which is located off of Lime Hollow Road in the Town of Cortlandville, which consists of two (2) parcels of land, a 4.7 acre parcel, tax map #105.00-03-02.000 and an 11.7 acre parcel, tax map #95.00-06-04.200, for the sum of $1.00 for a period of ten (10) years, to the Lime Hollow Nature Center, and it is further RESOLVED, this resolution is adopted Subject to Permissive Referendum as required by law. Councilman Proud made a motion, seconded by Councilman Leach, to receive and file correspondence from the NYS Comptroller's Office regarding approval of the extension of time to file the Town's Annual Report for 2015. All voting aye, the motion was carried. RESOLUTION #40 ACCEPT PROJECT CLOSEOUT DOCUMENTS FROM VACRI CONSTRUCTION CORPORATION FOR THE NYS ROUTE 13 SANITARY TRUNK SEWER REHABILITATION PROJECT Motion by Councilman Leach Seconded by Councilman Testa VOTES: AYE - Tupper, Testa, Proud, Leach NAY - 0 ADOPTED BE IT RESOLVED, the Town Board does hereby accept the Project Closeout Documents from Vacri Construction Corporation for the NYS Route 13 Sanitary Trunk Sewer Rehabilitation Proj ect. FEBRUARY 17, 2016 TOWN BOARD MEETING PAGE 4 There was discussion regarding the Deferred Payment Loan Agreement between the Town and Pyrotek, Inc. for the installation of new sewer lines. Attorney Folmer apprised the Board that he reviewed the agreement and resolved the issues that Pyrotek had involving some of the language. Pyrotek has connected to Town sewer and is being billed quarterly. Town Clerk Snyder questioned whether the agreement was for a loan or a grant. Supervisor Tupper explained that the loan would turn into a grant at the end of five years after Pyrotek meets the hiring requirements. Thoma Development drew up the agreement for the CDBG funds that must stay in the community for business expansion. At the end of five years there would be no payment. RESOLUTION 441 AUTHORIZE SUPERVISOR TO SIGN THE DEFERRED PAYMENT LOAN AGREEMENT BETWEEN THE TOWN OF CORTLANDVILLE AND PYROTEK, INC. Motion by Councilman Proud Seconded by Councilman Leach VOTES: AYE — Tupper, Testa, Proud, Leach NAY — 0 ADOPTED BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to sign the Deferred Payment Loan Agreement between the Town of Cortlandville and Pyrotek, Inc. for the purpose of granting a $90,000 loan to Pyrotek, Inc. using Community Development Block Grant funds for the installation of new sewer lines to connect to public sewer, for property located on Route 13 in the Town of Cortlandville. RESOLUTION #42 AUTHORIZE WATER & SEWER SUP'T. ALTERI TO PURCHASE TWO (2) NEW PICK-UP TRUCKS FROM THE NJPA BID Motion by Councilman Leach Seconded by Councilman Proud VOTES: AYE — Tupper, Testa, Proud, Leach NAY — 0 ADOPTED BE IT RESOLVED, the Town Board does hereby authorize and direct the Water & Sewer Sup't. to purchase two (2) new 2016 Chevrolet Silverado 2500 HD 4wd double cab pick-up trucks from the NJPA Bid (National Joint Powers Alliance), for the cost of $35,788.49 each, and a total of $71,576.98. RESOLUTION #43 AUTHORIZE WATER & SEWER SUP'T. TO SELL SURPLUS EQUIPMENT USING AUCTIONS INTERNATIONAL Motion by Councilman Leach Seconded by Councilman Proud VOTES: AYE — Tupper, Testa, Proud, Leach NAY — 0 ADOPTED BE IT RESOLVED, the Town Board does hereby authorize and direct the Water & Sewer Sup't. to sell the following surplus equipment using Auctions International, online website: 1— 2000 International Vactor Combination Sewer Cleaner, VIN: 1HTGEAHR2YH250459 1— 2003 Ford Pick -Up 3500HD Super duty 4x4 with plow, VIN: 3FTNX21L93MB29958 1-1994 Chevy Dump Truck 3500HD, VIN: 1GBKC34F4RJ102476 1— 2005 Chevy Silverado Pick-up 2500HD 4x4 with plow, VIN: 1GCHK29U45E285889 ✓) I FEBRUARY 17, 2016 TOWN BOARD MEETING PAGE 5 There was discussion regarding the resignation for retirement from Ron Rocco as Town Councilman, effective February 9, 2016. Councilman Testa explained that Councilman Rocco was on the Town Board for 30 years and worked with three different Town Supervisors, Melvin Pierce, Raymond Thorpe, and now Dick Tupper. He was more than a capable Councilman and a good friend. His reason for stepping down was to help care for his elderly parents, which Councilman Testa commended him for. Attorney Folmer stated that he sat next to Mr. Rocco at the Board table for a long time. At times, they had differences of opinion, but never once did Attorney Folmer consider that what Ron was doing was anything other than what in his opinion was in the best interest of the Board and in the best interest of his constituents, of the Town as a whole. Ron was passionate about what he believed in, and was passionate about expressing those beliefs publicly and privately. Attorney Folmer sympathized with his Ron's situation and offered him whatever help he could. He stated that he has always considered him to be a friend and continues that feeling today. Thirty years sitting at the Board table is a long time to dedicate to any particular organization. Attorney Folmer stated that Ron's dedication would be unmatched for a long time. Councilman Proud concurred with Attorney Folmer's sentiments. Supervisor Tupper agreed and stated that for anyone to spend 30 years in an elective office is a phenomenal record. Thirty years ago the Town was a small agricultural community and is now an industrial and commercial center for the county. Ron has seen incredible changes and growth in the past 30 years. Supervisor Tupper shared a story of how he met Ron volunteering/working on the Barry School Playground, and also worked together building Citizens Park. Supervisor Tupper stated that Ron's presence would be missed. Supervisor Tupper stated that there was now a vacancy on the Town Board that would be filled in due time. RESOLUTION 444 ACCEPT RESIGNATION FOR RETIREMENT FROM RON L. ROCCO AS TOWN COUNCILMAN EFFECTIVE FEBRUARY 9, 2016 Motion by Councilman Testa Seconded by Councilman Leach VOTES: AYE — Tupper, Testa, Proud, Leach NAY — 0 ADOPTED WHEREAS, elected to office as Town Councilman in 1986 for the Town of Cortlandville, Councilman Ron L. Rocco after thirty (30) years of Public Service has decided to resign for retirement, and WHEREAS, as he was active and passionate regarding the town he was elected to represent, Councilman Rocco was known to publically voice his beliefs and passions, have differences of opinions, but always had the best interest of the people of the Town of Cortlandville at heart, and WHEREAS, Councilman Rocco's loyalty and dedication to the Town of Cortlandville will be unmatched for a long time, therefore BE IT RESOLVED, the Town Board does hereby with deep regret accept the letter of resignation for retirement from Ron L. Rocco as Town Councilman, to be effective February 9, 2016, and it is further RESOLVED, his letter of resignation for retirement is hereby received and filed. 1 FEBRUARY 17, 2016 TOWN BOARD MEETING PAGE 6 Supervisor Tupper questioned whether there was anything else to come before the Board. Councilman Leach mentioned that a few weeks he had the opportunity to sit in on a Town Court hearing with Justice Alexander sitting at the bench. He commended Justice Alexander for how he conducts himself and stated that his demeanor was like that of a dad. No further comments or discussion were heard. Councilman Leach made a motion, seconded by Councilman Proud, 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, RMC Town Clerk Town of Cortlandville *Note: The draft version of this meeting was submitted to the Town Board for their review on February 25, 2016. The draft version of this meeting was approved as written at the Town Board meeting of March 2, 2016. 1 1