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Home My WebLink About01-02-2013Zo3 JANUARY 02, 2013 5:03 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, 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; Town ZBA Member, David Alexander; Attorney Mike Shafer representing Prop, Inc.; News Reporters: Neil Benjamin from the Cortland Standard, and Sharon Stevans from Channel 2, Access TV. Supervisor Tupper called the meeting to order. RESOLUTION #01 AUTHORIZE PAYMENT OF VOUCHERS - JANUARY Motion by Councilman Rocco Seconded by Councilman Leach VOTES: ALL AYE ADOPTED BE IT RESOLVED, the vouchers submitted have been audited and shall be paid as follows: Funds A, B, DA, DB Voucher 91-11 General Fund A $ 79,270.47 General Fund B $ 34,117.86 Highway Fund DA Highway Fund DB $ 0.00 $ 40,300.00 Fund HC, SS, SW Voucher #1-2 NYS Rt 13 Sewer Rehab HC $ 0.00 Sewer SS $ 2,929.72 Water SW $ 10,400.00 Supervisor Tupper offered privilege of the floor to those in attendance. No requests were made. The monthly reports of the Code Enforcement Officer, Fire & Safety Inspection Report, Town Clerk, and Water & Sewer Department for the month of December 2012 were on the table for review and are filed in the Town Clerk's office. Supervisor Tupper mentioned that he received a note from Sharon Stevans thanking the Board for their gift to her. The Board thanked Mrs. Stevans for her efforts in filming the Town Board Meetings. Councilman Proud made a motion, seconded by Councilman Testa, to receive and file the report from the Cortland County Planning Department, dated December 14, 2012, and Cortland County Planning Board Resolution #12-35, dated December 19, 2012, regarding the Aquifer Protection Permit Application of Prop Inc. for property located on Route 281, tax map #86.17- 01-02.111. All voting aye, the motion was carried. Attorney Folmer and the Board reviewed the SEQR Short Environmental Assessment Form for the Aquifer Protection Permit application submitted by Prop Inc. for property located on Route 281. Councilman Rocco questioned how many people would be employed at the facility. Attorney Mike Shafer, representing Prop Inc., indicated that there would be six employees who were currently laid off. zo � JANUARY 02, 2013 TOWN BOARD MEETING PAGE 2 RESOLUTION #02 DECLARE NEGATIVE IMPACT FOR AQUIFER PROTECTION PERMIT #1 OF 2013 SUBMITTED BY PROP INC. FOR PROPERTY LOCATED ON ROUTE 281 Motion by Councilman Rocco Seconded by Councilman Testa VOTES: ALL AYE ADOPTED WHEREAS, an Aquifer Protection Permit application was submitted by Prop Inc. to permit the use of an 18,000 sq. ft. portion of an existing building as a mill work facility, for property located on the west side of NYS Route 281, approximately 675 ft. southwest of the NYS Route 281/NYS Route 222 intersection, tax map #86.17-01-02.111, and WHEREAS, the Town Board as Lead Agent, duly reviewed and completed the Short Environmental Assessment Form, therefore BE IT RESOLVED, the Town Board as Lead Agent, does hereby declare the proposed project of Prop Inc., Aquifer Protection Permit #1 of 2013, shall have no significant environmental impact. RESOLUTION #03 AUTHORIZE SUPERVISOR TO SIGN SEQRA APPLICATION OF AQUIFER PROTECTION PERMIT # 1 OF 2013 Motion by Councilman Rocco Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Supervisor is hereby authorized and directed to sign the SEQRA application relating to Aquifer Protection Permit #1 of 2013, submitted by Prop Inc. RESOLUTION #04 APPROVE AQUIFER PROTECTION PERMIT #1 OF 2013 SUBMITTED BY PROP INC. FOR PROPERTY LOCATED ON ROUTE 281 SUBJECT TO CONDITIONS Motion by Councilman Leach Seconded by Councilman Testa VOTES: ALL AYE ADOPTED WHEREAS, the Cortland County Planning Department and the Town Planning Board have reviewed and recommended approval of this Aquifer Protection Permit application, and WHEREAS, a Public Hearing was duly held by this Town Board, therefore BE IT RESOLVED, the Town Board does hereby approve Aquifer Protection Permit #1 of 2013, submitted by Prop Inc., permitting the use of an 18,000 sq. ft. portion of an existing building as a mill work facility, for property located on the west side of NYS Route 281, approximately 675 ft. southwest of the NYS Route 281/NYS Route 222 intersection, tax map #86.17-01-02.111, subject to the following conditions from the Town Board and the Town and County Planning Boards: The applicant demonstrating that there are unnecessary hardships in the way of carrying out the strict letter of the "Zoning Local Law of the Town of Cortlandville" as is required before any use variance may be granted. 2. The applicant consulting with the Town Water and Sewer Department to determine if a backflow prevention device is required to be installed as part of the public water connection. 3. Compliance with SEQR requirements. AND IT IS FURTHER RESOLVED, the Supervisor is hereby authorized to sign the permit. zo5 JANUARY 02, 2013 TOWN BOARD MEETING PAGE 3 Under new business, Town Clerk Snyder apprised the Board she received a letter of resignation to retire from Town Highway Superintendent, Carl Bush. She asked that the Board accept the resignation with regret. Supervisor Tupper thanked Mr. Bush for his many years of service to the Town. Overall Mr. Bush had 40 years of municipal service. RESOLUTION #05 ACCEPT RESIGNATION FOR RETIREMENT FROM CARL A. BUSH, JR. AS THE CORTLANDVILLE HIGHWAY SUPERINTENDENT Motion by Councilman Testa Seconded by Councilman Proud VOTES: ALL AYE ADOPTED WHEREAS, after thirty years of service with the Town of Cortlandville, Highway Superintendent Carl A. Bush. Jr. has submitted a letter of resignation to retire, and WHEREAS, Mr. Bush will be remembered as a true Public Servant through his loyalty and dedication he provided to the Town, therefore BE IT RESOLVED, the Town Board does hereby accept the letter of resignation to retire, with deep regret, from Carl A. Bush, Jr. as the elected Highway Superintendent effective December 28, 2012, and it is further RESOLVED, that the resignation to retire is hereby received and filed. Supervisor Tupper questioned Town Clerk Snyder as to who would notify the County Clerk and the State regarding the vacancy. Town Clerk Snyder indicated that she is required to notify the County Board of Elections, the County Clerk, New York State Audit & Control, and the Cortland County Personnel/Civil Service with regard to the resignation. Supervisor Tupper stated that there was now a vacancy for the Town Highway Superintendent. Councilman Testa made a motion to appoint Carl Bush as Town Highway Superintendent for the salary of $30,000. Councilman Rocco gave accolades to Mr. Bush and stated it was a pleasure working with him and a pleasure to have him back! He stated that the Town has been very fortunate to have Mr. Bush. Supervisor Tupper explained that the term of office would expire December 31, 2013. Mr. Bush would have to run for election this fall if he wanted to maintain the position. Supervisor Tupper also indicated that the reason the salary was set at $30,000 was because it was the New York State maximum one could earn after one retires. RESOLUTION #06 APPOINT CARL A. BUSH, JR. AS TOWN OF CORTLANDVILLE HIGHWAY SUPERINTENDENT Motion by Councilman Testa Seconded by Councilman Proud VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby appoint Carl A. Bush, Jr., of 3693 Route 215, Cortland, New York as the Town of Cortlandville Highway Superintendent commencing January 03, 2013 and shall expire December 31, 2013, and it is further RESOLVED, the salary for the appointed Town of Cortlandville Highway Superintendent shall not exceed $30,000 for the 2013 year. Town Clerk Snyder reported that the first day of tax collection went very well today and that approximately $250,000 was collected. LOG JANUARY 02, 2013 TOWN BOARD MEETING PAGE 4 Attorney Folmer had no business report. There was a brief discussion regarding the 2013 annual contracts. Supervisor Tupper mentioned that the Town had yet to receive a 2013 contract from Cortland County for Information Technology Services, or from the Cortland Recreation Department. Supervisor Tupper recapped the contracts to be approved, which included contracts from Bruce Weber, Margaret Honour, and Modular Comfort Systems, Inc. Attorney Folmer mentioned that he reviewed the contract for Margaret Honour and found it appropriate as to form. Since it had not yet been signed, he suggested the Board approve the contracts subject to being signed. RESOLUTION #07 APPROVE THE 2013 ANNUAL CONTRACTS Motion by Councilman Leach Seconded by Councilman Proud VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby approve the annual contracts for 2013, and shall receive and file them as follows: Bruce Weber Cortland Regional Sports Council Homer Recreation J.M. Murray Center Lamont Memorial Library Lime Hollow Nature Center Margaret Honour McGraw Recreation Modular Comfort Systems, Inc. SPCA — Cortlandville SPCA — McGraw SPCA — Cats Spay/Neuter Valley View Gardens Freetown - Code Enforcement* (*contract is payable to the Town) $24,000.00 , $12,500.00 $24,321.47 $10,530.00 (6-month contract) $24,004.05 $ 4,500.00 $ 7,600.00 $15,000.00 $ 1,896.00 $33,500.00 $ 5,000.00 $ 3,500.00 $ 2,510.00 $ 5,900.00 AND IT IS FURTHER RESOLVED, the contracts shall be approved subject to them being signed. RESOLUTION #08 ADOPT TOWN OF CORTLANDVILLE PROCUREMENT POLICY - 2013 Motion by Councilman Proud Seconded by Councilman Leach VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby adopt the Town of Cortlandville Procurement Policy dated January 2, 2013 for the year 2013. RESOLUTION #09 REAPPOINT DAVID B. PLEW TO THE CORTLANDVILLE ZONING BOARD OF APPEALS Motion by Councilman Proud Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby reappoint David B. Plew, 27 South St., McGraw, New York to the Cortlandville Zoning Board of Appeals for a five-year term commencing January O1, 2013 and shall expire December 31, 2017, and it is further 1 1 RESOLVED, Mr. Plew is hereby appointed Chairman to the Zoning Board of Appeals. za7 1 JANUARY 02, 2013 TOWN BOARD MEETING PAGE 5 RESOLUTION #10 REAPPOINT CHRISTOPHER B. NEWELL TO THE CORTLANDVILLE PLANNING BOARD Motion by Councilman Rocco Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby reappoint Christopher B. Newell, 4446 Cosmos Hill Rd., Cortland, New York to the Cortlandville Planning Board for a five-year term commencing January 01, 2013 and shall expire December 31, 2017. RESOLUTION #11 DESIGNATE THE CORTLAND STANDARD AS THE OFFICIAL NEWSPAPER FOR THE TOWN OF CORTLANDVILLE FOR THE YEAR 2013 Motion by Councilman Leach Seconded by Councilman Proud VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Cortland Standard is hereby designated as the official newspaper for the Town of Cortlandville for the year 2013. RESOLUTION #12 DESIGNATION OF DEPOSITORIES FOR TOWN ACCOUNTS FOR THE YEAR 2013 Motion by Councilman Leach Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, Alliance Bank NA, and its successor, is hereby designated as the depository for the following Town accounts: General Fund A (Townwide) Trust & Agency Account General Fund B (Town outside villages) Justice Account Highway Account AND BE IT FURTHER RESOLVED, First Niagara Bank of Cortland is hereby designated as the depository for the following Town accounts: Town Clerk Account Tax Collector Account Water Fund Account Sewer Fund Account AND BE IT FURTHER RESOLVED, the following banks may be considered if necessary: Key Bank of Central NY; Merchant & Trust Corp. Bank; Tompkins Trust Co.; and First National Bank of Dryden. RESOLUTION #13 AUTHORIZE TOWN CLERK TO ACCEPT THE SUPERVISOR'S ANNUAL FINANCIAL REPORT 90 DAYS AFTER THE CLOSE OF 2012 Motion by Councilman Rocco Seconded by Councilman Leach VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby authorize the Town Clerk to accept the Supervisor's Annual Financial Report to the State Comptroller 90 days after the close of the fiscal year of 2012, and BE IT FURTHER RESOLVED, that the Town Clerk shall cause a notice to be published within ten (10) days after receipt thereof, stating that a copy of such report is on file in the Town Clerk's office and available for public inspection and copying, in accordance with Town Law, Section 29, Article 10-A, amended June 29, 1979. Z 08 JANUARY 02, 2013 TOWN BOARD MEETING PAGE 6 RESOLUTION #14 DELEGATE TOWN BOARD MEMBERS TO AUDIT 2012 RECORDS OF TOWN OFFICIALS Motion by Councilman Proud Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, the records of Town Officials and Town Employees, for the year 2012, shall be audited by Town Board members by January 20, 2013 as follows: Supervisor Ronal L. Rocco Town Clerk/Tax Collector Theodore V. Testa Town Justice John C. Proud Highway, Water & Sewer Gregory K. Leach RESOLUTION #15 ACCEPT AGREEMENT OF EXPENDITURES OF HIGHWAY MONIES FOR THE YEAR OF 2013 Motion by Councilman Proud Seconded by Councilman Leach VOTES: ALL AYE ADOPTED WHEREAS, the Agreement of Expenditures of Highway monies, in accordance with Section 284 of the Highway Law, was submitted by the Town Highway Sup't. as required, therefore BE IT RESOLVED, the Agreement of Expenditures of Highway monies for 2013 is hereby accepted and shall be signed by members of the Town Board and Highway Superintendent. RESOLUTION #16 ADOPT THE 2013 SALARY SCHEDULE FOR THE TOWN OF CORTLANDVILLE Motion by Councilman Leach Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby adopt the 2013 Salary Schedule for Town of Cortlandville employees and elected/appointed officials. RESOLUTION #17 ADOPT TOWN HIGHWAY DEPARTMENT SALARY SCHEDULE FOR 2013 Motion by Councilman Leach Seconded by Councilman Proud VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby adopt the Town Highway Department salary schedule for the year 2013 as follows: HIGHWAY DEPARTMENT 2013 PAYROLL SCHEDULE EURING A B C D E Deputy Highway Sup't. Designated person will have $2.00/hour added to their current titled job position hourly pay rate. Heavy Equipment Mechanic 20.65 22.15 22.75 23.25 23.65 23.95 Heavy Equipment Operator/ 20.22 21.72 22.32 22.83 23.22 23.52 with Trailer CDL Heavy Equipment Operator 19.82 21.32 21.92 22.43 22.82 23.12 without Trailer CDL 1 1 1 Z09 JANUARY 02, 2013 TOWN -BOARD MEETING Automotive Mechanic 19.49 20.99 21.59 22.09 22.49 22.79 Motor Equipment Operator 18.71 20.21 20.81 21.31 21.71 22.01 Laborer 14.03 15.03 16.03 17.03 18.03 19.03 Buildings & 12.99 13.99 15.44 16.83 17.33 17.83 Grounds Laborer Secretary/ 15.09 16.09 17.09 18.09 18.49 18.89 Keyboard Specialist Part-time Summer Laborer 7.50 7.75 8.25 8.50 8.75 9.25 Recreation Director 12.50 14.00 14.50 15.00 15.50 16.00 Asst. Recreation Director 9.00 10.00 10.50 11.00 11.50 12.00 PAGE 7 NIGHT SHIFT RATE: $1.00 per hour is added to the regular hourly base wage. (The night shift is a regular scheduled shift from 8:00 p.m. to 5:00 a.m.) WAGES NOTE: An H.E.O. that does not have the required CDL license that is needed to move the Town's equipment using the largest equipment trailer the Town has will receive $.40 per hour less than the H.E.O. employees that do have the license. Hiring rate and step rates are given on anniversary dates if work improvement and performance are shown. RESOLUTION #18 AUTHORIZE TRANSFER OF FUNDS TO BALANCE ACCOUNTS FOR THE 2012 BUDGET Motion by Councilman Rocco Seconded by Councilman Leach VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Budget Officer is hereby authorized and directed to transfer funds to adjust the accounts of the 2012 Budget for the Town of Cortlandville as follows: 1) GENERAL FUND A - TOWN WIDE: Transfer $8,178.42 FROM TO AMOUNT A1990.4 Al110.4 $ 2,698.67 A1990.4 A1110.42 $ 3,989.99 A1990.4 A1410.4 $ 1,177.06 A1990.4 A1680.4 $ 312.70 TOTAL: $ 8,178.42 2) GENERAL FUND B - PART TOWN: Transfer $1,355.12 FROM TO AMOUNT B1990.4 B8664.4 $ 969.54 B8664.1 B8989.1 $ 185.58 B1990.4 B8989.1 $ 200.00 TOTAL: $ 1,355.12 3) DB - HIGHWAY FUND PART TOWN: Encumber $69,927.40 AMOUNT PO #1167 - 2 - 2013 Chevrolet Silverado 2500 HD @ $29,991.70 each $ 59,983.40 PO #1168 - 2 - 52810 J100 Wide 8'x10' Wideout Western Plow @ $4,972.00 each $ 9,944.00 TOTAL: $ 69,927.40 210 JANUARY 02, 2013 TOWN BOARD MEETING PAGE 8 4) SW — WATER FUND: Transfer $55,826.97 FROM TO SW1990.4 SW8310.1 SW8320.2 SW8310.1 SW8320.4 SW8310.1 SW8320.4 SW8320.21 SW8320.4 SW9030.8 5) SS — SEWER FUND: Transfer $76,651.03 FROM SS 1990.4 SS8110.1 SS8110.4 TO SS8130.4 SS8130.4 SS8130.4 AMOUNT $ 5,000.00 $ 36,024.78 $ 5,514.16 $ 6,436.64 $ 2,851.39 TOTAL: $ 55,826.97 AMOUNT $ 5,000.00 $ 63,815.30 $ 7,835.73 TOTAL: $ 76,651.03 Councilman Leach made a motion, seconded by Councilman Proud, to receive and file correspondence from New York State Homes & Community Renewal, dated December 18, 2012, regarding the Annual Performance Report for the Town's NYS Community Development Block Grant, Town -wide Housing Rehabilitation Project. All voting aye, the motion was carried. Councilman Leach made a motion, seconded by Councilman Proud, to receive and file correspondence from New York State Homes & Community Renewal, dated December 18, 2012, regarding the Annual Performance Report for the Town's NYS Community Development Block Grant for Pyrotek. All voting aye, the motion was carried. Councilman Leach made a motion, seconded by Councilman Proud, to receive and file correspondence from New York State Homes & Community Renewal, dated December 18, 2012, regarding the Annual Performance Report for the Town's NYS Community Development Block Grant for Pall Corp. All voting aye, the motion was carried. RESOLUTION 419 AUTHORIZE SUPERVISOR TO SIGN THE NEW YORK STATE HOME PROGRAM RECIPIENT CERTIFICATION OF COMPLETENESS REGARDING THE TOWN'S 2008 HOME GRANT Motion by Councilman Proud Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to sign the New York State HOME Program Recipient Certification of Completeness SHARS ID 420083182, confirming that the Town's 2008 HOME Grant in the amount of $384,480 has been closed out. Councilman Leach made a motion, seconded by Councilman Proud, to receive and file correspondence from New York State Homes & Community Renewal, dated December 24, 2012, regarding NYS Community Development Block Grant Economic Development Award for Precision Eforming. All voting aye, the motion was carried. 1 1 1 z11 JANUARY 02, 2013 TOWN BOARD MEETING PAGE 9 RESOLUTION #20 APPROVE EXTRA WORK AUTHORIZATION NO. 1 FROM CLOUGH HARBOUR & ASSOCIATES FOR THE NYS ROUTE 13 SEWER REHABILITATION PROJECT Motion by Councilman Rocco Seconded by Councilman Leach VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby approve the Extra Work Authorization No. 1 from Clough Harbour & Associates, dated December 21, 2012, for the NYS Route 13 Sewer Rehabilitation Project in the amount of $6,220.00. RESOLUTION #21 REAPPOINT DAVID W. BRIGGS AS TOWN ASSESSOR FOR A SIX -YEAR TERM Motion by Councilman Leach Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby authorize the reappointment of David W. Briggs as Town Assessor for a six -year term commencing October 01, 2013 and shall expire September 30, 2019. Councilman Proud made a motion, seconded by Councilman Leach, to receive and file correspondence from Steven J. Hancox, Deputy Comptroller, NYS Division of Local Government and School Accountability, dated December 31, 2012, regarding the New York State tax levy cap of 2 percent and determination that the Town's 2013 tax levy was within the allowable limit. All voting aye, the motion was carried. Attorney Folmer commented that there are many complexities involved with preparing the budget to make sure the Town is within the tax cap of 2 percent. He stated that the letter from Mr. Hancox did not explain how much work and thought goes into the process and thought that our Town Bookkeeper Hicks and Supervisor Tupper should be commended for their work. No further comments or discussion were heard. Councilman Proud made a motion, seconded by Councilman Testa, to adjourn the Regular Meeting. All voting aye, the motion was carried. The meeting was adjourned at 5:30 p.m. Respectfully submitted, _Pb faren 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 February 15, 2013. The draft version of this meeting was approved as written at the Town Board meeting of February 20, 2013.