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SEPTEMBER 16, 2015 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, Cortland, New York, with Supervisor Tupper
presiding.
Members present: Supervisor, Richard C. Tupper
Councilman, Theodore V. Testa
Councilman, Ronal L. Rocco
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; Cortland
County Legislators: Joseph Steinhoff and Kevin Whitney; News Reporters: Eric Mulvihill from
WXHC, Tyrone Heppard from the Cortland Standard, Sharon Stevans from Channel 2, Access
TV, and Peter Blanchard from the Cortland Voice.
Supervisor Tupper called the meeting to order.
There was discussion regarding the purchase of a new Vactor truck for the Water & Sewer
Department through funds from the NYS Route 13 Sanitary Sewer Rehabilitation Project.
Councilman Leach indicated that he was still of the opinion that the Town should purchase a Mack
truck chassis if the Town intends to get 25 to 30 years out of the truck. Supervisor Tupper stated
that he spoke with Water & Sewer Sup't. Alteri and there were two truck chassis choices;
Freightliner and International. The Town has International trucks. Councilman Proud mentioned
that Water & Sewer Sup't. Alteri spoke with the Vactor representatives who indicated that
International corrected the problem they had, otherwise Vactor would not build on the chassis.
Councilman Proud also mentioned that the Town would sell the Vactor truck it has now.
RESOLUTION #201 AUTHORIZE SUPERVISOR TO SIGN
PURCHASE ORDER #0116
Motion by Councilman Leach
Seconded by Councilman Proud
VOTES: AYE - Tupper, Testa, Proud, Leach NAY - 0 ABSENT - Rocco
ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to sign
Purchase Order #0116 submitted by Water & Sewer Sup't. Alteri to be paid to Joe Johnson
Equipment, for the purchase of a new Vactor 2100 Sewer Cleaner Truck, for the total cost of
$322,137.53.
Councilman Rocco arrived at the meeting at this time.
Supervisor Tupper apprised the Board he received correspondence from Congressman
Richard Hanna regarding the Congressional District's annual Academy Day to be held on
September 26, 2015 at 11:00 a.m. at Binghamton University's Innovative Technologies Center.
The program was for High School Sophmores, Juniors, and Seniors interested in a Congressional
Nomination to a United Stated Military Service Academy.
RESOLUTION #202 AUTHORIZE PAYMENT OF VOUCHERS — SEPTEMBER
Motion by Councilman Proud
Seconded by Councilman Leach
VOTES: AYE — Tupper, Testa, Rocco, 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 #828-873
General Fund A
$ 94,395.78
General Fund B
$ 5,670.90
Highway Fund DA
$ 0.00
Highway Fund DB
$ 13,403.57
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SEPTEMBER 16, 2015
PAGE 2
C
Funds CD I, CD3, CD4
Fund HA, HB, HC, HD,
HE, SS, SW
Funds SF, TA, TE
Voucher #42-42
BMills Rehab CD $ 0.00
Town Wide Rehab CD3 $ 5,335.00
Business Devl CD4 $ 0.00
Voucher #338-353
Luker Rd Water HA
$
0.00
Owego St Water HB
$
0.00
NYS Rt 13 Sewer Rehab HC
$
0.00
Oakcrest/Pendleton Sewer HD
$
75.16
Saunders Rd Sewer HE
$
0.00
Sewer SS
$
2,921.87
Water SW
$
12,922.04
Voucher #(None)
C'Ville Fire District SF
$
0.00
Trust & Agency TA
$
0.00
Expendable Trust TE
$
0.00
The monthly reports of the Town Justices for the month of August were on the table for
review and are filed in the Town Clerk's office.
Councilman Proud made a motion, seconded by Councilman Leach, to receive and file
correspondence from Time Warner Cable, dated September 16, 2015, regarding programming
services. All voting aye, the motion was carried.
Attorney Folmer reported:
Proposed Junk Law:
Attorney Folmer reminded the Board they planned to schedule a workshop to discuss the
proposed Junk Law. After discussion, the Board decided to schedule their workshop for October
16, 2015 at 9:00 a.m. Attorney Folmer would ask CEO Williams, CEO Campbell, and PZO Weber
to attend the meeting.
Councilman Rocco made a motion, seconded by Councilman Leach, to receive and file
correspondence from the NYS & Local Retirement System regarding the Governmental Accounting
Standards Board Reports for the Town of Cortlandville. All voting aye, the motion was carried.
RESOLUTION #203 AUTHORIZE WATER & SEWER SUP'T. AND HIGHWAY
SUP'T. TO ACCEPT THE HIGHEST RESPONSIBLE BIDS
FOR SURPLUS EQUIPMENT AUCTIONED WITH AUCTIONS
INTERNATIONAL
Motion by Councilman Proud
Seconded by Councilman Testa
VOTES: AYE - Tupper, Testa, Rocco, Proud, Leach NAY — 0
ADOPTED
WHEREAS, per a Resolution adopted by the Town Board on August 5, 2015, bids were
accepted for surplus equipment auctioned with Auctions International, and
WHEREAS, the bidders for the 1975 Winco Portable Gas Generator and the 2008 Ford 3/4 ton
Pickup 4x4 F-250 #77 did not purchase the equipment and they were therefore put back on the
bidders list for Auctions International on August 19, 2015 with the bids closing on September 2,
2015, therefore
BE IT RESOLVED, the Town Board does hereby authorize and direct Water & Sewer Sup't.
Alteri and Highway Sup't. Bush to accept the highest responsible bids for the following surplus
equipment auctioned with Auctions International:
1975 Winco Portable Gas Generator (Water), 3 hp motor, S/N P-109-B — closed at $77.50
2008 Ford 3/4 ton Pickup 4x4 F-250 #77 (Highway), VIN# IFTSX21598EC14185 — closed at $10,200.00
SEPTEMBER 16, 2015 TOWN BOARD MEETING PAGE 3
Councilman Proud made a motion, seconded by Councilman Leach, to receive and file
correspondence from Diana Graser, P.E., Regional Traffic Engineer for the New York State
Department of Transportation, dated September 10, 2015, regarding the Town's request to lower the
speed limit on Cosmos Hill Road from 40 mph to 30 mph. All voting aye, the motion was carried.
There was discussion regarding the Town of Cortlandville Farmland Protection Plan.
Supervisor Tupper explained CHA would meet with farmers and the public and determine where
farming is in the Town right now and what can be done to protect it. Assessor Briggs and the
committee that was formed to look into a new land use plan identified a couple of farms to be
changed from Ag to R-1, however the farmers did not want the land changed to residential. The
Town decided to look into the matter further and have experts determine how big of an industry
farming is within the Town. Supervisor Tupper mentioned that another committee would be
formed; perhaps Assessor Briggs would Chair the committee again. Private citizens would also be
asked to be on the committee.
RESOLUTION #204 AUTHORIZE SUPERVISOR TO SIGN CONTRACT WITH CHA
TO PREPARE THE TOWN OF CORTLANDVILLE FARMLAND
PROTECTION PLAN
Motion by Councilman Proud
Seconded by Councilman Leach
VOTES: AYE — Tupper, Testa, Rocco, Proud, Leach NAY — 0
ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize and` direct the Supervisor to sign the
contract between the Town of Cortlandville and CHA to prepare the Town of Cortlandville
Farmland Protection Plan, in the amount of $25,000.
RESOLUTION #205 AUTHORIZE APPROVAL REQUEST OF MICHELLE
TOWSLEY FOR THE 2013 COMMUNITY DEVELOPMENT
BLOCK GRANT TOWN -WIDE HOUSING REHABILITATION
PROGRAM
Motion by Councilman Leach
Seconded by Councilman Proud
VOTES: AYE — Tupper, Testa, Rocco Proud, Leach NAY — 0
ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize the approval request of Michelle
Towsley for property located at 1368 East River Road in the Town of Cortlandville, for a 100%
deferred loan for the 2013 Community Development Block Grant Town -Wide Housing
Rehabilitation Program, and it is further
RESOLVED, the work to be completed would include the septic, for a total cost of $5,200.00
plus any Health Department fees.
Councilman Proud made a motion, seconded by Councilman Leach, to receive and file
correspondence and the report from Cortland County Soil & Water Conservation District, dated
August 20, 2015, regarding the Ground Water Monitoring of Walmart through 2014. All voting
aye, the motion was carried.
There was discussion regarding the Groundwater Monitoring for Walmart. Supervisor
Tupper mentioned that according to the report, every single item tested for was less than it was
preconstruction, which the Board was pleased with. Councilman Proud noted that the
correspondence from SWCD explained that the Walmart groundwater monitoring plan required a
minimum of five years of monitoring following construction of the store, to be completed in
2015. The SWCD recommended the Town consider requesting that Walmart conduct once -per -
year monitoring for an additional two years. Councilman Proud questioned whether the Board
should refer this to the Town Planning Board.
SEPTEMBER 16, 2015 TOWN BOARD MEETING PAGE 4
Attorney Folmer recalled that the Planning Board required the monitoring for 5 years.
He suggested the Board refer this to the Planning Board.
Councilman Testa stated that perhaps the testing of the four wells was an overburden on
Wal-Mart. Supervisor Tupper agreed and stated that the tests were expensive to conduct.
The Board agreed to ask the Planning Board for their input.
Councilman Proud made a motion, seconded by Councilman Rocco, to receive and file
correspondence from Cortland County Soil & Water Conservation District, dated August 21,
2015, regarding the Town -wide Stormwater Maintenance Program Report for 2014. All voting
aye, the motion was carried.
Supervisor Tupper informed the Board that the bids were opened for the
Oakcrest/Pendleton Street Sewer Installation Project on September 14, 2015. CHA reviewed the
8 bids that were submitted and recommended the Board award the bid to Cunningham
Excavation, Inc. Supervisor Tupper explained that the bid was in two parts. The base bid was
for $590,490.25. Alternate No. 1, which was for repaving the roads, was for the amount of
$143,479.00. Supervisor Tupper indicated that the bid was separated in the event that the Town
Highway Department could pave the road for less.
There was discussion regarding Alternate #1 and whether the Board should award the bid
to Cunningham Excavation Inc. or ask Highway Sup't. Bush if he could complete the paving for
less than the bid amount. Supervisor Tupper indicated that the bid was for $14.50 per square
foot, which CHA thought was a good price and was a valid bid. After a significant amount of
discussion, the Board agreed to award the base bid and to then award Alternate No. 1 to
Cunningham Excavation, Inc.
RESOLUTION 4206 AWARD BID FOR THE OAKCREST/PENDLETON STREET
SEWER INSTALLATION PROJECT IN THE BASE BID
AMOUNT OF $590,490.25
Motion by Councilman Leach
Seconded by Councilman Rocco
VOTES: AYE — Tupper, Testa, Rocco Proud, Leach NAY — 0
ADOPTED
WHEREAS, bids were advertised for the Oakcrest/Pendleton Street Sewer Installation Project to
provide all labor, materials, machinery, tools, equipment, and other means of construction
necessary and incidental to completion of the work shown on the plans and described in the
specifications including, but not necessarily limited to the following:
• Installation of approximately 3,250 linear feet of 8 inch PVC SDR 35 sewer pipe.
• Installation of eleven (11) new pre -cast concrete sanitary sewer manholes.
• Installation of twenty-three (23) new sewer laterals.
• Maintenance and Protection of Traffic.
• Complete site restoration.
AND, WHEREAS, sealed bids were opened on September 14, 2015 at 11:00 a.m. and provided
to Laura Cassalia, P. E. of CHA Consulting, Inc., for review as follows:
Base Bid
Cunningham Excavation, Inc. $590,490.25
3592 Cobblestone Drive
Cazenovia, NY 13035
R.B. Robinson Contracting, Inc. $609,700.00
535 Ithaca Road
PO Box 121
Candor, NY 13743
G. DeVincentis & Sons Const. Co., Inc. $675,900.00
7 Belden Street
Binghamton, NY 13903
F.P. Kane Construction $694,750.00
241 Front Street
Vestal, NY 13850
SEPTEMBER 16, 2015
TOWN BOARD MEETING
PAGE 5
Vacri Construction Corp.
One Brick Avenue
Binghamton, NY 13901
Adhan Piping Co., Inc.
1865 Route 13
Cortland, NY 13045
$719,000.00
$741,946.00
D. E. Tarolli, Inc. $751,475.00
6602 Herman Road
Warners, NY 13164
Grant Street Construction $973,000.00
48 Grant Street
Cortland, NY 13045
BE IT RESOLVED, the bid is hereby awarded to Cunningham Excavation, Inc. of 3592
Cobblestone Drive, Cazenovia, New York for the Base Bid amount of $590,490.25.
RESOLUTION #207 AWARD BID FOR THE OAKCREST/PENDLETON STREET
SEWER INSTALLATION PROJECT FOR ALTERNATE NO. 1
IN THE AMOUNT OF $143,479.00
Motion by Councilman Rocco
Seconded by Councilman Proud
VOTES: AYE — Tupper, Testa, Rocco Proud, Leach NAY — 0
ADOPTED
WHEREAS, bids were advertised for the Oakcrest/Pendleton Street Sewer Installation Project
and included Alternate No. 1 for all labor, materials, equipment, supervision and incidentals
required to perform cold milling of asphalt and to furnish, install, compact, test and inspect
asphalt top course, the entire width of the roadways, upon completion of the sewer work, and
WHEREAS, sealed bids were opened on September 14, 2015 at 11:00 a.m. and provided to
Laura Cassalia, P. E. of CHA Consulting, Inc., for review as follows:
Alternate No. 1
Cunningham Excavation, Inc. $143,479.00
3592 Cobblestone Drive
Cazenovia, NY 13035
R.B. Robinson Contracting, Inc. $130,345.00
535 Ithaca Road
PO Box 121
Candor, NY 13743
G. DeVincentis & Sons Const. Co., Inc. $169,150.00
7 Belden Street
Binghamton, NY 13903
F.P. Kane Construction $155,200.00
241 Front Street
Vestal, NY 13850
Vacri Construction Corp. $159,200.00
One Brick Avenue
Binghamton, NY 13901
Adhan Piping Co., Inc. $149,250.00
1865 Route 13
Cortland, NY 13045
D. E. Tarolli, Inc. $149,250.00
6602 Herman Road
Warners, NY 13164
Grant Street Construction $109,450.00
48 Grant Street
Cortland, NY 13045
BE IT RESOLVED, the bid for Alternate No. 1 is hereby awarded to Cunningham Excavation,
Inc. of 3592 Cobblestone Drive, Cazenovia, New York in the amount of $143,479.00.
SEPTEMBER 16, 2015 TOWN BOARD MEETING PAGE 6
RESOLUTION #208 APPROVE EXTRA WORK AUTHORIZATION NO. 1 FROM
CLOUGH HARBOUR & ASSOCIATES FOR THE
OAKCREST/PENDLETON STREET SEWER INSTALLATION
PROJECT
Motion by Councilman Testa
Seconded by Councilman Leach
VOTES: AYE - Tupper, Testa, Rocco, Proud, Leach NAY - 0
ADOPTED
BE IT RESOLVED, the Town Board does hereby approve the Extra Work Authorization No. 1
from Clough Harbour & Associates, dated September 16, 2015, to perform the Construction
Administration and Observation services required during construction of the Oakcrest/Pendleton
Street Sewer Installation Project, in the amount of $54,500.00.
RESOLUTION #209 AUTHORIZE SUPERVISOR OR DEPUTY SUPERVISOR TO
SIGN CLOSING DOCUMENTS REGARDING THE
OAKCREST/PENDLETON STREET SEWER INSTALLATION
PROJECT
Motion by Councilman Leach
Seconded by Councilman Proud
VOTES: AYE - Tupper, Testa, Rocco, Proud, Leach NAY - 0
ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor or Deputy
Supervisor to sign the closing documents for the sale of the BAN for the Oakcrest/Pendleton
Street Sewer Installation Project, and it is further
RESOLVED, such closing will occur on September 25, 2015 with First Niagara Bank.
RESOLUTION #210 AWARD SALE OF $876,000 BOND ANTICIPATION NOTE TO
FIRST NIAGARA BANK, N.A. FOR THE
OAKCREST/PENDLETON STREET SEWER INSTALLATION
PROJECT
Motion by Councilman Leach
Seconded by Councilman Proud
VOTES: AYE — Tupper, Testa, Rocco Proud, Leach NAY-0
ADOPTED
WHEREAS, bids were submitted to Fiscal Advisors & Marketing, Inc. on behalf of the Town of
Cortlandville for the Sale of a Bond Anticipation Note (BAN) in the amount of $876,000 for the
Oakcrest/Pendleton Street Sewer Installation Project as follows:
Interest
Gross
Net
Effective Net
Amount
Rate
Interest
Premium
Interest
Interest Rate
First Niagara Bank, N.A.
$876,000
0.990%
$8,624.22
$0.00
$8,624.22
0.990000%
Roosevelt & Cross, Inc.
Oppenheimer & Co.
$876,000
$876,000
1.500%
1.500%
113,067.01
$13,067.00
12,772,00
$2,235.00
110,295.00
$10,832.00
1.181714%
1.243438%
Greene County
$876,000
1.290%
$11,237.62
$0.00
$11,237.62
1.290000%
Commercial Bank
NBT Bank, N.A.
$876,000
1.340%
$11,673.19
$0.00
$11,673.19
1.340000%
First National Bank of Dryden
$876,000
1.900%
$16,551.53
$0.00
$16,551.53
1.900000%
BE IT RESOLVED, the sale of the BAN for the Oakcrest/Pendleton Street Sewer Installation
Project is hereby awarded to First Niagara Bank, N.A. in the amount of $876,000 at an interest
rate of 0.990%.
M
SEPTEMBER 16, 2015
TOWN BOARD MEETING
PAGE 7
Supervisor Tupper acknowledged Highway Sup't. Bush and the Town Highway Department
for the recent paving work completed on Bennie Road.
No further comments or discussion were heard.
Councilman Proud made a motion, seconded by Councilman Leach, to adjourn the
Regular Meeting. All voting aye, the motion was carried.
The meeting was adjourned at 5:35 p.m.
Respectfully submitted,
Karen Q. Snyder, C
Town Clerk
Town of Cortlandville
*Note:
The draft version of this meeting was submitted to the Town Board for their review on September 25, 2015.
The draft version of this meeting was approved as written at the Town Board meeting of October 7, 2015.
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