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HomeMy WebLinkAbout04-18-20125Z, APRIL 18, 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; Highway Sup't., Carl Bush; Raymond and Jean Davis; News Reporters: Eric Mulvihill from WXHC, Matthew Nojiri from the Cortland Standard, and Sharon Stevans from Channel 2, Access TV Supervisor Tupper called the meeting to order. Councilman Rocco made a motion, seconded by Councilman Testa, to approve the Draft Town Board Minutes of March 7, 2012 as submitted. All voting aye, the motion was carried. Councilman Rocco made a motion, seconded by Councilman Testa, to approve the Draft Town Board Minutes of March 21, 2012 as submitted. All voting aye, the motion was carried. Councilman Rocco made a motion, seconded by Councilman Testa, to approve the Draft Town Board Minutes of April 4, 2012 as submitted. All voting aye, the motion was carried. There was discussion regarding the purchase orders. Councilman Leach questioned whether the purchase order for Old Stage Electric would close out the Terrace Road Well project. Supervisor Tupper explained that the Terrace Road Well project was closed out about two months ago, however the bill for Old Stage Electric just surfaced. The electrician did not bill the Town for an entire year's work. Supervisor Tupper explained that the project should have been closed out. Councilman Proud stated that Engineer, Hayne Smith was in charge of the project and suggested Supervisor Tupper check with him to verify that there were no more outstanding bills. Supervisor Tupper stated that he and Councilman Testa met with Mr. Smith a couple of times regarding the matter. Mr. Smith and Water & Sewer Sup't. Alteri both agreed that the work was completed but not billed. Bookkeeper Hicks conferred with the Town's auditors who stated that if it was a valid bill it must be paid. Supervisor Tupper also explained that because the project was closed out the funds would have to come from the Water & Sewer budget and could not be a capital expenditure. With regard to the purchase order for the street sweeper, Councilman Rocco apprised the Board he received a couple of phone calls asking why the Town sweeps the roads and complaints of the dust. He explained that the roads are swept for safety reasons as well as to remove the salt from the road. Supervisor Tupper stated that the roads are typically swept in the spring because the roads are generally wet and it does not create a lot of dust. However, that was not the case this year. RESOLUTION #66 AUTHORIZE SUPERVISOR TO SIGN PURCHASE ORDER #1158 Motion by Councilman Leach Seconded by Councilman Proud VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to sign Purchase Order #1158 submitted by Highway Sup't. Bush to be paid to J & J Equipment to rent a Tymco 600 street sweeper for 5 weeks for the total cost of $9,727.00, which is the state bid rate. APRIL 18, 2012 TOWN BOARD MEETING PAGE 2 53 1 1 1 RESOLUTION 467 AUTHORIZE SUPERVISOR TO SIGN PURCHASE ORDER #1159 Motion by Councilman Leach Seconded by Councilman Proud VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to sign Purchase Order #1159 submitted by Highway Sup't. Bush to be paid to Cross Country Mfg. for a 2012 Tilt Deck Equipment Trailer for the total cost of $5,143.00. RESOLUTION #68 AUTHORIZE SUPERVISOR TO SIGN PURCHASE ORDER #0126 Motion by Councilman Proud Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to sign Purchase Order #0126 submitted by Water & Sewer Sup't. Alteri to be paid to Old Stage Electric for electrical work on the Terrace Road Well for the total cost of $17,516.52. RESOLUTION #69 AUTHORIZE PAYMENT OF VOUCHERS — APRIL 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: General Fund A General Fund B Highway Fund DB Water Fund Sewer Fund Capital Project Vouchers #218 - 244 B36 - B43 D106 - D117 W100 - W111 S54 - S58 H3 - H5 $ 23,842.96 $ 1,825.95 $ 6,823.04 $ 26,301.41 $ 1,099.91 $1,083,585.37 Supervisor Tupper offered privilege of the floor to those in attendance, no requests were made. Under communications, Councilman Rocco apprised the Board he received a letter from a constituent who was concerned about herbicides/pesticides being spread on lawns. A copy of the letter was provided to the Board. Councilman Rocco explained that the constituent was looking for the Town to adopt a law so that companies like Tru-Green would look for alternatives that are non -herbicidal. However, he did not think the Town could adopt a law that would supersede state law. He requested Supervisor Tupper respond to the letter. Supervisor Tupper stated the letter was from Sophia DeRorio Rowe. As Councilman Rocco stated, the letter discussed lawn chemicals and well water contamination, and listed 10-15 different chemicals that are in fertilizers and pesticides. As a community, Ms. Rowe felt we should encourage our neighbors not to poison their lawns. Supervisor Tupper stated that the DEC makes companies like Tru-Green have licenses. Councilman Leach mentioned that public water was available to Ms. Rowe's home. Councilman Rocco noted that she was concerned about the aquifer as well. Supervisor Tupper apprised the Board he received a communication from the Lamont Memorial Free Library inviting the Board to a reception at the library on Wednesday, May 2, 2012 at 6:00 p.m., prior to the Town Board Meeting in the Village of McGraw. 5'i APRIL 18, 2012 TOWN BOARD MEETING PAGE 3 Attorney Folmer reported: Fire Code Violation — Unsafe Building: Attorney Folmer discussed the memorandum/report from CEO Williams concerning property located at 840 Route 13, formerly the Golden Skillet restaurant. Since the fire to the building, nothing has been done to the building. According to the memorandum, CEO Williams wrote to Route 13 Partners, LLC on several occasions urging them to deal with the problems the building presents, and has had no success getting the owners to do anything to reduce the hazards that exist. Under Chapter 86, Section IV, Appendix A of the Town Code, there is a procedure for declaring the property an unsafe building. It requires that CEO Williams make a report to the Board, which he did in the form of the memorandum. Once the report is made, the Board is required to schedule a hearing, at which point the owners would have the opportunity to show cause of why the building should not be repaired, vacated, or demolished. Attorney Folmer suggested the Board establish the date of the hearing for May 16, 2012 at 5:00 p.m. He explained that the Board was required to give notice to the owners. Attorney Folmer already prepared the Notice of Hearing which would be served by registered mail as required by the statute, and posted on the property itself. CEO Williams already posted the property as uninhabitable. RESOLUTION #70 SCHEDULE HEARING REGARDING UNSAFE BUILDING VIOLATION FOR PROPERTY LOCATED AT 840 ROUTE 13 OWNED BY ROUTE 13 PARTNERS LLC FOR MAY 16, 2012 AT 5:00 P.M. Motion by Councilman Proud Seconded by Councilman Leach VOTES: ALL AYE ADOPTED BE IT RESOLVED, pursuant to Chapter 86, Section IV, Appendix A of the Town Code, the Town Board does hereby schedule a Hearing for May 16, 2012 at 5:00 p.m. regarding the unsafe building violation for property located at 840 Route 13 in the Town of Cortlandville, tax map 495.20-02-07.000 owned by Route 13 Partners LLC. . Councilman Testa made a motion, seconded by Councilman Leach, to receive and file the Memorandum and Report from Tom Williams, Town Code Enforcement Officer, dated April 17, 2012, regarding the unsafe building violation of property located at 840 Route 13 in the Town of Cortlandville, as defined by Chapter 86, Section IV, Appendix A of the Town Code. All voting aye, the motion was carried. Attorney Folmer mentioned that at the hearing, the Board would have to listen to the testimony offered by CEO Williams along with the exhibits presented to them. At the conclusion of the hearing the Board would be asked to make specific findings, and would have the authority to command the owner to either repair, vacate or demolish the building. If the owners fail to follow what the Board orders them to do, then the Town would undertake to do so and the cost would be added to the owner's tax bill. Supervisor Tupper recalled that the Board held a similar hearing in the past regarding property on Route 41. Attorney Folmer agreed, but reminded the Board that prior to the time that they completed the process of formally declaring it unsafe, the building was sold and the buyer demolished the building. There was discussion regarding the proposed resolution terminating the Municipal Agreement with the County of Cortland for the disbursement of animal population control funds. Town Clerk explained that when NYS Department. of Ag. & Markets turned dog control over to municipalities in 2011, the counties were allowed, by resolution, to have their towns and cities collect the animal population control fees and keep the fees locally. Cortland County was the only county in the State of New York that did so. What occurred was that the animal population control funds collected throughout the state ended up being more that what Cortland County could ever generate to help its agencies. CNY SNAP applied for a grant through the ASPCA, who is in control of the animal population control funds, and was awarded a $50,000 grant for 1 1 55 APRIL 18, 2012 TOWN BOARD MEETING PAGE 4 2012. However, the grant money could not be used in Cortland County because of the Municipal Agreement in place. The Cortland County SPCA also applied for a grant and was awarded $16,000 subject to Cortland County terminating the agreement. Between all of the clerks in Cortland County, $66,000 would never be generated in a year's time. Therefore, Town Clerk Snyder asked the Board to terminate the contract with the County. She explained that the County Clerk was holding the towns' 2011 and 2012 fees. Once all municipalities in the County terminated their contracts, the County Clerk would forward the funds to the ASPCA. Both CNY SNAP and the Cortland County SCPA would then receive their grants. Town Clerk Snyder added that the clerks all believed they were doing a good thing by keeping the funds locally. The clerks were not aware that the five boroughs of NYC were not going to participate in the animal population control funds, as they have their own program. Money is therefore available to all other municipalities in the State for grants. Councilman Proud noted that in the magazine Towns & Topics there is an article that discusses the role that the ASPCA is playing as administrator of the money; NYS Ag. & Markets appears to be out of it completely. RESOLUTION #71 RESOLUTION TERMINATING THE MUNICIPAL AGREEMENT WITH THE COUNTY OF CORTLAND FOR THE DISBURSEMENT OF ANIMAL POPULATION CONTROL FUNDS Motion by Councilman Proud Seconded by Councilman Leach VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby authorize the termination of the municipal agreement with the County of Cortland resolution 278-11 and the Town of Cortlandville resolution #198 of 2011, effective immediately, and it is further RESOLVED, the Town Clerk of the Town of Cortlandville is hereby authorized and directed to forward Animal Population Control Funds collected to NYS Department of Agriculture & Markets, Licensing Bureau, effective with the May 2012 monthly dog report. There was discussion regarding the Polkville Waterline Extension Poject, revision to Form E. Supervisor Tupper explained that revised Form E would cover the final expenses for the closeout of the Polkville Waterline Project. Money would have to be moved from the project's contingency to cover the expenses, and the Town would be reimbursed $25,148.49. The project would then officially be closed. Supervisor Tupper explained that the $334,000+ of money not spent would have to be returned to the USDA to be reallocated to another project. Councilman Proud mentioned that the Board discussed finding a way for the engineering firm to bid such a project in the future that would allow for the total expenditure of funds awarded. Supervisor Tupper added that in the future, when the Town is doing something with the USDA, it should give an alternative plan to make sure the total funds awarded could be expended. Attorney Folmer drew attention to Form E and line Item 6 under Administrative. He explained that $29,000 was budgeted for lands and rights of way that was not expended. He thanked all property owners who signed easements without requiring to be paid for the easements. Supervisor Tupper also thanked Attorney Folmer for all of the legal work which he completed at no extra cost to the Town. He explained that $20,000 was budgeted for legal work. RESOLUTION #72 RESOLUTION OF THE TOWN BOARD, TOWN OF CORTLANDVILLE, CORTLAND COUNTY, NEW YORK, ACCEPTING REVISIONS TO THE "POLKVILLE WATERLINE EXTENSION PROJECT" — FORM E Motion by Councilman Leach Seconded by Councilman Proud VOTES: ALL AYE ADOPTED WHEREAS, the Town of Cortlandville, Town Board has reviewed Form E, for the Polkville Waterline Extension Project, Capital Outlay Budget categories, therefore 5� APRIL 18, 2012 TOWN BOARD MEETING PAGE 5 BE IT RESOLVED, the Town of Cortlandville, Town Board hereby modifies the following administrative budgeted items on the Form E based on Form E #5 as follows: - Move to contingency $20,000 — A.1 Legal - Move to contingency $272.93 — A.2 Bonding - Move from contingency $2,337.51 — A.3 Interest - Move to contingency $6,450 — A.4 Fiscal Coordination - Move to contingency $5,900 — A.5 Bookkeeping & Reporting - Move to contingency $29,000 — A.6 Lands & Rights of Way AND, BE IT FURTHER RESOLVED, the reason for these budgetary amendment decreases and increases is to zero out line items on the final Form E #6 and close out said Polkville Waterline Extension Project. RESOLVED, these budgetary amendments resulted in an increase of contingency by $59,285.42, bringing total contingency from $275,192.52 to $334,477.94. There was discussion regarding the speed zone request made by Highway Sup't. Bush for several roads/streets in the Town of Cortlandville to be reduced to 30 MPH. The Board questioned whether the Town would be required to post the speed limit on each street, in particular streets that are City streets as well. Highway Sup't. Bush indicated that a sign would not be necessary on some of the City streets where a 30 MPH sign was already posted, however signs would have to be posted elsewhere. Councilman Leach made a motion, seconded by Councilman Proud, to receive and file correspondence from Town Highway Sup't. Bush, dated April 4, 2012, requesting a speed zone request be made to the NYS DOT to make several roads/streets in the Town of Cortlandville 30 MPH. All voting aye, the motion was carried. RESOLUTION #73 AUTHORIZE REQUEST TO REDUCE SPEED LIMIT ON DESIGNATED TOWN ROADS Motion by Councilman Leach Seconded by Councilman Proud VOTES: ALL AYE ADOPTED WHEREAS, the Town Board requested Highway Sup't. Bush review all roads within the Town of Cortlandville that do not have posted speed limits to determine whether a posted speed limit was prudent, and WHEREAS, Highway Sup't. Bush conducted his review and provided a list and a map of the roads within the Town that do not have posted speed limits, therefore BE IT RESOLVED, the Town Board does hereby authorize and direct the following requests for a reduction in speed limit be submitted to the NYS DOT for approval, via the Cortland County Highway Superintendent for input, as required: 1) Finger Lakes East Drive — 0.91 mile from Route 13 to Route 13. Osbeck Lane — 0.08 mile a dead end off Finger Lakes East Drive. Both are new roads designed to be 30 MPH in the Finger Lakes East Business Park. 2) Bennie Road Extension — 0.09 mile; is a 45 MPH road. It is now a dead end section off Bennie Road because it was closed at Route 13. The new Route 13 end of Bennie Road is 30 MPH at this intersecting location. 3) Elm Street — 0.20 mile; off Route 41 to Village of McGraw line lowered to 30 MPH or to 25 MPH to match the village street speed limit going through the park. 4) Summit Street — 0.01 mile; off Route 281 to match City of Cortland 30 MPH. 1 J 5) Madison Street — 0.04 mile; off Route 281 to match City of Cortland 30 MPH. APRIL 18, 2012 TOWN BOARD MEETING PAGE 6 6) Ridgeview Avenue— 0.12 mile; a dead end off City Street of 30 MPH. 7) Vernon Drive — 0.12 mile; a Town Road section connecting two City Streets that are 30 MPH. 8) Miller Street Extension — 0.18 mile; a residential dead end off Route 11. 9) Smith Avenue — 0.04 mile; a residential dead end off Miller Street Extension. 10) North Homer Avenue — 0.16 mile; a residential dead end street off Fisher Avenue. 11) Maryland Avenue — 0.07 mile; a residential dead end street off North Homer Avenue. Councilman Rocco had a question regarding Amnesty Week at the Cortland County Landfill and why tires would not be accepted this year. Highway Sup't. Bush explained that tires would be accepted for a fee based on the size of the tire. Attorney Folmer mentioned that he attended the County Highway Committee meeting in which the subject was discussed. He explained the reason the fee would be charged for tires was because it cost the County $17,000+/- to dispose of the tires after they have been given to the landfill. Rather than pay the expenditure the Highway Committee decided to accept tires for a fee. Town Clerk Snyder reminded the Board that discussion regarding Amnesty Week was tabled at the April 4, 2012 Town Board Meeting. Highway Sup't. Bush suggested the Town participate in amnesty week without accepting tires. RESOLUTION #74 AUTHORIZE PARTICIPATION IN AMNESTY WEEK AT THE CORTLAND COUNTY LANDFILL WITH THE EXCEPTION OF ACCEPTING TIRES Motion by Councilman Leach Seconded by Councilman Proud VOTES: ALL AYE ADOPTED WHEREAS, the Cortland County Highway Department has authorized the week of May 21-25, 2012 as an Amnesty Week for municipalities, in which municipalities would be exempt from tipping fees for certain items, therefore BE IT RESOLVED, the Town Board does hereby authorize and direct the Town Highway Department to participate in Amnesty Week with the exception of accepting tires due to the fees set by the County Highway Department. There was discussion regarding Section 504 of the Rehabilitation Act of 1973 on Grievance Policy/Procedures. Supervisor Tupper apprised the Board he received a comment from Thoma Development that when the Town gets audited for its grants, they would be looking for the Town's 504 Policy in the grants. Since the Town does not have a 504 Policy the Town would get written up and would have to produce a policy within 30 days. Thoma Development suggested the Town adopt a policy rather than to get written up for failure to have a 504 Policy. Attorney Folmer stated he would rather the Town not get written up for not having a 504 Policy when it would be relatively easy to adopt one. Attorney Folmer reviewed the policy and did not think there were any determinations that had to be made other than who would be the "Complaint Coordinator." Attorney Folmer suggested that the Town's Fair Housing Officer, CEO Williams, should be the Complaint Coordinator. However, to avoid a possible conflict of interest, Attorney Folmer would discuss who should be the Complaint Coordinator with Thoma Development Consultants. Attorney Folmer suggested the Board table the matter until the next Town Board Meeting. M APRIL 18, 2012 TOWN BOARD MEETING PAGE 7 RESOLUTION #75 TABLE ADOPTION OF SECTION 504 GRIEVANCE POLICY FOR THE TOWN OF CORTLANDVILLE TO MAY 2, 2012 Motion by Councilman Leach Seconded by Councilman Proud VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby table action on adoption of Section 504 Grievance Policy for the Town of Cortlandville to the Town Board Meeting of May 2, 2012 to allow time for the Town Attorney to discuss the policy with Thoma Development Consultants, and to determine who should be designated as the Complaint Officer. Councilman Rocco excused himself from the meeting at 5:35 p.m. Supervisor Tupper apprised the Board he attended one of the first informational meetings with the County Legislature regarding sales tax distribution. He stated he was in disagreement with some of the things discussed as far as the distribution and the future of sales tax, which was not advantageous to the Town of Cortlandville. As a representative of the Town, Supervisor Tupper informed the County Legislature that the Town would not be supportive of the changes at this point. He explained that the City of Cortland submitted a proposal to the County, which the County rejected. The County put together its own proposal and was presenting the proposals to the towns individually. Supervisor Tupper stated there were a lot of things discussed, such as concern from the County that the Town of Cortlandville had not had a tax increase in seven years. Supervisor Tupper stated that he tried to explain that not having a tax increase showed good management on the Town's part. He stated he would do the best he could to make sure the Town was treated fairly with regard to the sales tax distribution. Attorney Folmer apprised the Board the Wind Turbine Committee's last meeting scheduled for Monday, April 161h was cancelled due to a scheduling conflict with James Trasher of Clough Harbour & Associates. The meeting would be rescheduled at a later date. 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 5:45 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 May 2, 2012. The draft version of this meeting was approved as written at the Town Board meeting of May16, 2012.