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Home My WebLink About01-04-201201 JANUARY 04, 2012 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, Ronal L. Rocco Councilman, John C. Proud Councilman, Gregory K. Leach Town Clerk, Karen Q. Snyder, RMC Others present were: Town Attorney, John Folmer; Barb Leach; News Reporters: Matthew Nojiri from the Cortland Standard, and Eric Mulvihill from WXHC. Supervisor Tupper called the meeting to order. Councilman Proud made a motion, seconded by Councilman Leach, to receive and file the Cortlandville Zoning Board of Appeals Minutes of November 29, 2011. All voting aye, the motion was carried. Councilman Proud made a motion, seconded. by Councilman Leach, to receive and file the Cortlandville Planning Board Minutes of November 29, 2011. All voting aye, the motion was carried. Councilman Proud made a motion, seconded by Councilman Leach, to receive and file the Cortlandville Zoning Board of Appeals Minutes of December 27, 2011. All voting aye, the motion was carried. Councilman Proud made a motion, seconded by Councilman Leach, to receive and file the Cortlandville Planning Board Minutes of December 27, 2011. All voting aye, the motion was carried. RESOLUTION #01 AUTHORIZE PAYMENT OF VOUCHERS - JANUARY Motion by Councilman Leach Seconded by Councilman Proud VOTES: ALL AYE ADOPTED BE IT RESOLVED, the vouchers submitted have been audited and shall be paid as follows: General Fund A Vouchers #1 - 20 $149,275.14 General Fund B B 1 - B2 $ 29,974.08 Highway Fund DB D1 - D5 $ 43,528.21 Special Grants C1 - C3 $ 946.36 Water Fund W1 - W7 $ 12,694.51 Sewer Fund S 1 - S3 $ 3,810.83 Supervisor Tupper offered privilege of the floor to those in attendance. No requests were made. The monthly reports of the Code Enforcement Officer, Fire Inspection & Safety Report; Town Clerk, and Water & Sewer Department for the month of December 2011, and a copy of the 2011 annual report of the Code Enforcement Officer submitted to the NYS Department of State, Division of Code Enforcement & Administration, 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 `January 1, 2012, regarding programming services. All voting aye, the motion was carried. 6�- JANUARY 04, 2012 TOWN BOARD MEETING PAGE 2 Under new business, Councilman Testa questioned Town Clerk/Tax Collector Snyder how tax collection was going. While it was only a few days into the tax collection season, Town Clerk/Tax Collector Snyder indicated that tax collection was going well. So far, about six people chose to participate in the new partial payment- program, which she anticipated would increase significantly by the end of the month. Credit card and e-check payments were also available, although none had been received yet in 2012. Attorney Folmer requested that he be moved to the end of the agenda to discuss a particular matter, to which the Board agreed. There was discussion regarding the 2012 Annual Contracts, which were all included in the budget for 2012. Supervisor Tupper apprised the Board there were two contracts that were not ready to be signed, which included the contract between the Town and Cortland County for IT services, which Attorney Folmer had not yet reviewed; and the contract between the Town and the City of Cortland for youth and recreation, which the Town had not yet received. A RESOLUTION #02 APPROVE THE 2012 ANNUAL CONTRACTS Motion by Councilman Leach Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby approve the annual contracts for 2012, and shall receive and file them as follows: Cortland Regional Sports Council $12,500.00 Homer Recreation $19,505.53 J.M. Murray Center $21,060.00 Lamont Memorial Library $22,861.00 Lime Hollow Nature Center $ 4,500.00 McGraw Recreation $12,000.00 Modular Comfort Systems, Inc. $ 1,896.00 SPCA — Cortlandville $33,500.00 SPCA — McGraw $ 5,000.00 SPCA — Cats Spay/Neuter $ 3,500.00 Valley View Gardens $ 2,400.00 Freetown - Code Enforcement* $ 5,700.00 (*contract is payable to the Town) There was a brief discussion regarding the 2012 Procurement Policy. Councilman Leach recalled discussion the Board had in the past regarding the lowest responsible bidder, and questioned whether any language in policy should be changed. Attorney Folmer stated that regardless of the Procurement Policy, under General Municipal Law the Board is required to accept the bid of the lowest, responsible, responsive bidder. Attorney Folmer thought the Town's Procurement Policy was consistent with General Municipal Law. RESOLUTION 403 ADOPT TOWN OF CORTLANDVILLE PROCUREMENT POLICY - 2012 Motion by Councilman Rocco 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 4, 2012 for the year 2012. I JANUARY 04, 2012 TOWN BOARD MEETING PAGE 3 RESOLUTION 404 REAPPOINT JOANN O'ROURKE TO THE CORTLANDVILLE ZONING BOARD OF APPEALS Motion by Councilman Rocco Seconded by Councilman Proud VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby reappoint Joann O'Rourke, 2702 Phelps Road, McGraw, New York to the Cortlandville Zoning Board of Appeals for a five-year term commencing January 01, 2012 and shall expire December 31, 2016. RESOLUTION #05 APPOINT JOHN M. •FINAMORE TO THE CORTLANDVILLE PLANNING BOARD Motion by Councilman Rocco Seconded by Councilman Leach VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby appoint John M. Finamore, 4101 Highland Road, Cortland, New York to the Cortlandville Planning Board for a five-year term commencing January O1, 2012 and shall expire December 31, 2016. RESOLUTION #06 REAPPOINT THEODORE V. TESTA AS DEPUTY TOWN SUPERVISOR Motion by Councilman Leach Seconded by Councilman Proud VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereV' .reappoint Theodore V. Testa as Deputy Town Supervisor for a two-year term commencing January 01, 2012 and shall expire December 31, 2013. RESOLUTION #07 REAPPOINT JEFFREY D. GUIDO AS TOWN HISTORIAN Motion by Councilman Proud Seconded by Councilman Leach VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby reappoint Jeffrey D. Guido as Town Historian for a two-year term commencing January 01, 2012 and shall expire December 31, 2013. RESOLUTION #08 REAPPOINT JOHN B. FOLMER AS TOWN ATTORNEY Motion by Councilman Rocco Seconded by Councilman 1�teach VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby reappoint John B. Folmer as Town Attorney for a two-year term commencing January 01, 2012 and shall expire December 31, 2013. Oy JANUARY 04, 2012 TOWN BOARD MEETING PAGE 4 RESOLUTION #09 REAPPOINT KAREN Q. SNYDER AS REGISTRAR FOR THE TOWN Motion by Councilman Rocco Seconded by Councilman Leach VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby reappoint Karen Q. Snyder as Registrar for a two-year term commencing January 01, 2012 and shall expire December 31, 2013. 9 RESOLUTION #10 DESIGNATE THE CORTLAND STANDARD AS THE OFFICIAL NEWSPAPER FOR THE TOWN OF CORTLANDVILLE FOR THE YEAR 2012 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 2012. RESOLUTION #11 DESIGNATION OF DEPOSITORIES FOR TOWN ACCOUNTS FOR THE YEAR 2012 Motion by Councilman Leach Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, Alliance Bank of Cortland 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 .3 . AND BE IT FURTHER RESOLVED, First Niagara Bank of Cortland is hereby designated as the depository for the following Town accounts: Town Clerk Account Water Fund Account Tax Collector 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 #12 AUTHORIZE TOWN CLERK TO ACCEPT THE SUPERVISOR'S ANNUAL FINANCIAL REPORT .90 DAYS AFTER THE CLOSE OF 2011 Motion by Councilman Leach Seconded by Councilman Proud 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 2011, 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. os JANUARY 04, 2012 TOWN BOARD MEETING PAGE 5 RESOLUTION #13 DELEGATE TOWN BOARD MEMBERS TO AUDIT 2011 RECORDS OF TOWN OFFICIALS Motion by Councilman Leach Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, the records of Town Officials -,and Town Employees, for the year 2011, shall be audited by Town Board members by January' 1'$; 2012 as follows: Supervisor Gregory Leach Town Clerk/Tax Collector Theodore V. Testa Town Justice Ronal L. Rocco Highway, Water & Sewer John Proud RESOLUTION #14 ACCEPT AGREEMENT OF EXPENDITURES OF HIGHWAY MONIES FOR THE YEAR OF 2012 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 2012 is hereby accepted and shall be signed by members of the Town Board and Highway Superintendent. RESOLUTION #15 ADOPT THE 2012 SALARY SCHEDULE FOR THE TOWN OF CORTLANDVILLE Motion by Councilman Testa , Seconded by Councilman Leach VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby adopt the 2012 Salary Schedule for Town of Cortlandville employees and elected/appointed officials. RESOLUTION #16 ADOPT TOWN HIGHWAY DEPARTMENT SALARY SCHEDULE FOR 2012 Motion by Councilman Rocco Seconded by Councilman Leach VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby adopt the Town Highway Department salary schedule for the year 2012 as follows: HIGHWAY DEPARTMENT 2012 PAYROLL SCHEDULE HH2ING A B C D E Deputy Highway Sup't. Designated person will have $1.60/hour added to their current titled job position hourly pay rate. Heavy Equipment Mechanic 20.13 21.63 22.23 22.73 23.13 23.43 Heavy Equipment Operator/ 19.70 21.20 21.80 22.31 22.70 23.00 with Trailer CDL ;1. JANUARY 04, 2012 TOWN BOARD MEETING PAGE 6 Heavy Equipment Operator without Trailer CDL Automotive Mechanic Motor Equipment Operator Laborer Buildings & Grounds Laborer Secretary/ Keyboard Specialist Part-time Summer Laborer Recreation Director Asst. Recreation Director 19.30 20.80 21.40 21.91 22.30 22.60 18.97 20.47 21.07 21.57 21.97 22.27 18.19 19.69 20.29 20.79 21.19 21.49 :r 13.51 14.51 15.51 16.51 17.51 18.40 12.47 13.47 14.92 16.31 16.81 17.31 14.57 15.57, 16.57 17.57 18.46 18.96 1, 7.50 7.75 8.00 8.25 8.50 9.00 11.96 13.86 14.36 14.86 15.36 15.86 8.96 9.96 10.46 10.96 11.46 11.96 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 #17 AUTHORIZE TRANSFER OF FUNDS TO BALANCE ACCOUNTS FOR THE 2011 BUDGET Motion by Councilman Leach Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Budget Officer is hereby authorized and directed to transfer funds to adjust the accounts of the 2011 Budget for the Town of Cortlandville as follows: 1) GENERAL FUND A - TOWN WIDE: Transfer $300,004.55 FROM TO AMOUNT A3845 A7450.4, $300,000.00 A1990.4 A3310.4 $ 4.55 TOTAL: $300,004.55 2) GENERAL FUND B - PART TOWN: Transfer $1,728.15 FROM TO AMOUNT B1990.4 B8664.4 $ 1,728.15 TOTAL: $ 1,728.15 3) DB - HIGHWAY FUND PART TOWN: Transfer $56,600.50 FROM TO AMOUNT DB5130.1 DB5130.4 $ 4,960.13 D135142.1 D135142.4 $ 51,640.37 TOTAL: $ 56,600.50 u 0 JANUARY 04, 2012 TOWN BOARD MEETING PAGE 7 4) SW — WATER FUND: Transfer $4,707.16 FROM TO ;- AMOUNT SW8320.4 SW8320.41 $ 384.20 SW1990.4 SW9060.8 $ 4,322.96 TOTAL: $ 4,707.16 5) SS — SEWER FUND: Transfer $8,235.30 FROM TO AMOUNT SS8120.4 SS8120.2 $ 8,235.30 TOTAL: $ 8,235.30 There was discussion regarding the resignation of Kevin Whitney from the Zoning Board of Appeals. Councilman Rocco requested the Supervisor send Mr. Whitney a letter thanking him for his service and congratulating him on his new position as County Legislator. Supervisor Tupper mentioned that Mr. Whitney was not required to resign due to his new Legislative position, however he chose to do so. The Board hoped to fill the vacancy at the next Town Board meeting. RESOLUTION #18 ACCEPT RESIGNATION FROM KEVIN L. WHITNEY FROM THE CORTLANDVILLE ZONING BOARD OF APPEALS Motion by Councilman Rocco Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby accept the letter of resignation from Kevin L. Whitney as Member of the Cortlandville Zoning Board of Appeals, effective December 30, 2011, and it is further RESOLVED, that the resignation is hereby received and filed. RESOLUTION #19 AUTHORIZE SUPERVISOR TO SIGN THE NYS COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT FOR THE TOWN -WIDE LOW INCOME HOUSING REHABILITATION PROJECT Motion by Councilman Rocco, Seconded by Councilman Leach VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to sign the New York State Community Development Block Grant Agreement between the Town and New York State Homes & Community Renewal fox the Town -wide Low Income Housing Rehabilitation Project in the amount of $400,000.00. Councilman Leach made a motion, seconded by Councilman Testa, to receive and file correspondence from Thoma Development Consultants, dated December 17, 2011, regarding the Town receiving the New York State Community Development Block Grant for the Town -wide Low Income Housing Rehabilitation Project. All voting aye, the motion was carried. •o JANUARY 04, 2012 TOWN BOARD MEETING PAGE 8 RESOLUTION #20 AUTHORIZE TOWN CLERK TO REQUEST PROPOSALS FOR THE DELIVERY AND ADMINISTRATION OF SERVICES FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT, TOWN -WIDE LOW INCOME HOUSING REHABILITATION PROJECT Motion by Councilman Leach Seconded by Councilman Proud VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby authorize and direct the Town Clerk to request proposals for the delivery and administration of services for the Community Development Block Grant, Town -wide Low Income Housing Rehabilitation Project, and it is further RESOLVED, the Bid shall be awarded at the Regular Town Board Meeting, Wednesday, February 15, 2012. With no further business to discuss, Supervisor Tupper offered privilege of the floor to Attorney Folmer. Attorney Folmer apprised the Board that he is a member of the New York State Bar Association's Municipal Law Section. As a result of that membership he is in communication with other Town Attorney's concerning various issues that have arisen in different locations. All of the municipalities represented are dealing with extremely controversial issues at the present time, similar to the Town of Cortlandville. There are concerns with hydrofracking, windmills, and with other projects that require a certain amount of skill and astute behavior on behalf of all of the officials involved. It was suggested by the NYS Bar Association's Municipal Law Section that as legal advisors to municipalities, the attorneys comment about the way the officials, himself included, behave in following through on the responsibilities that they have. Attorney Folmer made the following statements to the Board: We all live, as you know, in an environment where perception is often considered to be reality. And when we do that we have a problem with the communication that is taking place between ourselves and between our constituents and with other governmental and private agencies. It's important that we remember during the course of our deliberations and our activities that a board can only speak as a board and as the result of actions that are taken at a board meeting. The difficulty is that boards are made up of individuals and individuals often have differences of opinions on a variety of issues. And certainly that is to be encouraged, because membership on a board is not intended nor should it abridge or limit anyone's freedom of speech and freedom to express their opinions as they see fit. However, it is not unusual for one or more members of a board to make public comments concerning public issues that are pending. The trouble with doing that is that that personal opinion may well be interpreted by those who hear it as an expression of opinion of the board when no such action would justify making those statements. One of our members, the most vocal member on our Planning Board, when speaking in a public hearing, is very, very careful to say that he is a member of the Planning Board but he speaks in his individual capacity. And he does that consistently and he does that very carefully. That's a rule that we all should follow and we need to. Another member of the Planning Board has taken the position that they will not speak with an applicant or anyone outside of a board meeting. Those are both appropriate approaches to this problem. But, we need to be careful that in our utterances, both in our personal conversations and our public conversations, and in our media conversations with the gentleman here, that we are careful not to act in such manner that our statements can be construed as an opinion as to the position of a board, unless the board has taken that position. Actions are sometimes more effective than words. Somewhere I have been told or I have read that 85% of our communication skills are accomplished visually rather than verbally. And so body language and expressions do create and communicate ideas and feelings. Given that, we are fortunate in this crew that when we have our meetings that we are treated with respect and with civility. And it is important that we learn and that we practice that policy wherever we are. Anybody who sits on a board, be it here, the zoning board, or any other municipal board, deserves the respect from its observers and those in attendance at its meetings, that their orders and their rules provide. Attorney Folmer asked the Board to keep his comments in mind, because the off - statement or the misinterpretation could result in embarrassment to the board as a whole, to the members individually, or even to other individuals. 1 1 1 JANUARY 04, 2012 TOWN BOARD MEETING PAGE 9 Supervisor Tupper thanked Attorney Folmer and asked him to convey his message to both the Planning Board and Zoning Board of Appeals, which Attorney Folmer would do at their next scheduled meetings. 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 5:25 p.m. Respectfully submitted, faren Q. Snyd4RM�� , Town Clerk Town of Cortlandville *Note: The draft version of this meeting was submitted to the Town Board for their review on February 15, 2012. The draft version of this meeting was approved as written at the'Town Board meeting of March 7, 2012. 1 1 i