HomeMy WebLinkAbout10-17-2012153
OCTOBER 17, 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., Michael Barylski;
Steve Flatt.
Supervisor Tupper called the meeting to order.
Councilman Leach made a motion, seconded by Councilman Proud, to approve the Town
Board Minutes of September 5, 2012. All voting aye, the motion was carried.
Councilman Leach made a motion, seconded by Councilman Proud, to approve the Draft
Town Board Minutes of September 19, 2012. All voting aye, the motion was carried.
RESOLUTION #189 AUTHORIZE SUPERVISOR TO SIGN
PURCHASE ORDER #0097
Motion by Councilman Proud
Seconded by Councilman Leach
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to sign
Purchase Order 40097 submitted by Water & Sewer Sup't. Peter Alteri to be paid to Gartner
Equipment Co. Inc. to replace the Fire Pump at the Walden Oaks Booster Station, for the total
cost of $8,194.00.
RESOLUTION #190 AUTHORIZE SUPERVISOR TO SIGN
PURCHASE ORDER #1166
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 #1166 submitted by Highway Sup't. Carl Bush to be paid to Vantage Equipment
to repair the brakes on the #26 Volvo Excavator, for the total cost of $5,611.38.
RESOLUTION #191 AUTHORIZE PAYMENT OF VOUCHERS — OCTOBER
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 #531 - 557
$
54,231.92
General Fund B
B 145 - B 151
$
1,285.73
Highway Fund DB
D391 - D412
$
18,785.55
Special Grants
C21 - C25
$252,659.65
Water Fund
W289 - W302
$
8,214.22
Sewer Fund
S137 - S144
$
859.13
Capital Project
H8 - H8
$
1,394.00
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OCTOBER 17, 2012 TOWN BOARD MEETING PAGE 2
Supervisor Tupper offered privilege of the floor to those in attendance. Town resident
Steve Flatt requested permission to speak on the last item on the agenda at the end of the
meeting.
The monthly report of the Town Justice for the month of September 2012 was on the
table for review and is filed in the Town Clerk's Office.
Under old business, Councilman Proud questioned the status of the unsafe building
located on Route 13 (former Golden Skillet). Attorney Folmer indicated that the paperwork
would be submitted to Judge Rumsey prior to the next Town Board Meeting.
Under new business, Councilman Rocco questioned whether the meter replacement letter
being mailed by Water & Sewer Sup't. Alteri was approved by the Board. He recalled
discussion regarding the letter and a $45.00 charge per quarter for non-compliance. However, he
felt that every letter sent to the citizens of the Town should first be approved by the Board.
Supervisor Tupper stated that Water & Sewer Sup't. Alteri generally brings all letters to
the Board.
Councilman Proud recalled that he was the one who brought the letter in front of the
Board but there was no decision on it. He explained that when the new meters are installed and
being read electronically, if an owner does not have a new meter in their house and will not let
the Town inside to install a new meter, the $45.00 charge would be applied. Councilman Proud
agreed with Councilman Rocco that the Board should make it a policy that such letters be
approved by the Board.
Supervisor Tupper mentioned that he and Councilman Testa were pushing Water &
Sewer Sup't. to complete the installations of the new meters by the end of the year;
approximately 400 meters had yet to be updated. Letters were subsequently mailed. Supervisor
Tupper mentioned that he received a complaint from a property owner of the short notice
between when he received the letter and the date it must be installed by, which was 2 weeks.
Supervisor Tupper indicated to the property owner that notice was being given through the
quarterly water and sewer bills under the memo section, and had been for two years.
Town Clerk Snyder clarified that notice was initially printed on the water and sewer
billing cards when the new iPerl meter installations were to start. No notice has been printed
since.
Councilman Rocco stated that the letter took him by surprise and thought it was a little
strident, and that the wording should be looked at. He was concerned that the letter was a
reflection of the Board, and that someone who reads the letter would be of the mindset that the
Board approved the letter. Councilman Rocco stated that Water & Sewer Sup't. Alteri had the
best intentions in mind to get the new meters installed, but reiterated that the Board should see
any letter that goes out to the citizens.
Supervisor Tupper stated that a water fee could not exist without it being voted on.
Councilman Rocco added that Attorney Folmer was not aware of the letter either.
Councilman Rocco took a poll of the Board members who had the new meters installed. Out of
the members who have Town water, Councilman Rocco was the only one who did not have a
new meter.
RESOLUTION #192 SCHEDULE PUBLIC HEARING REGARDING THE 2013
PRELIMINARY BUDGET
Motion by Councilman Proud
Seconded by Councilman Leach
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, a Public Hearing is hereby scheduled to be held on November 7, 2012 at 5:00
p.m. regarding the 2013 Preliminary Budget, and it is further
RESOLVED, that copies shall be made available for distribution to the public on November 7,
2012.
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OCTOBER 17, 2012 TOWN BOARD MEETING PAGE 3
RESOLUTION #193 SCHEDULE DATE TO ADOPT 2013 PRELIMINARY
BUDGET AS THE 2013 ADOPTED BUDGET
Motion by Councilman Leach
Seconded by Councilman Proud
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board shall adopt the 2013 Preliminary Budget as the 2013 Adopted
Budget at the Regular Town Board Meeting on Tuesday, November 20, 2012 at 5:00 p.m.
Town Clerk Snyder reported that she attended a Regional Town Clerk's Seminar in Utica
on Monday, October 15, 2012 which was very educational. The State Comptroller's Office was
at the seminar discussing the duties of a Town Clerk including fiscal responsibilities. She
thanked the Board for allowing her to attend the seminar.
Attorney Folmer reported:
Municipal Bar Association's Annual Meeting:
Attorney Folmer apprised the Board that last weekend he attended the Municipal Bar
Association's Annual Meeting in Cooperstown. He thanked the Board for allowing him to go, as
it was an opportunity for him to talk with other attorneys and officials from towns around the
state.
Interoperable Communications Agreement:
Attorney Folmer apprised the Board he was in possession of the Interoperable
Communications Agreement with Cortland County concerning the new communications
program. The towns have been asked to agree to the program. Attorney Folmer stated that
legally, the agreement itself was fine. However, some of the provisions from a business point of
view may be questionable. He stated that it was unusual that the County is the owner of the
equipment but the town has all of the maintenance costs during the period of time the contract is
for. Attorney Folmer stated it was not his practice to tell the Board whether the agreement was a
good business practice or not, but from his perspective the agreement was a legally enforceable.
Councilman Rocco stated he would like County Legislator, Kevin Whitney to come
before the Board to answer questions, as he has been involved with the project from the
beginning. He suggested the Board read the document, and stated it was their fiduciary
responsibility to have any questions answered.
Councilman Leach questioned whether the County indicated what the costs would be.
Supervisor Tupper stated there were no costs. The only cost was for the maintenance. It was his
understanding that the reason the town would be paying for maintenance was because the County
does not want to be responsible for the misuse of the devices by users if the devices are
dropped/broken. Supervisor Tupper thought that the Town Highway Department, Water &
Sewer Department, and the Cortlandville Fire Department would possess the devices.
Attorney Folmer indicated that the agreement itself does not take effect until January 1,
2013. Therefore the Board had time to invite Mr. Whitney to attend a meeting to answer
questions. Supervisor Tupper indicated that the agreement was changed several times after being
reviewed by several town attorneys who had problems with some of the language.
Councilman Proud asked for copies of the agreement to be distributed to the Board so
they could review it. He was concerned regarding the maintenance costs, which he thought
should be included in the County's budget rather than in the Town's budget.
Councilman Rocco mentioned that the Town did not even have to change equipment to
participate; the Town's equipment would have worked with Motorola yet the County insisted
that everyone get the same equipment.
Attorney Folmer suggested the Board pay attention to Article 3 of the agreement, which
had to do with the obligation of the parties. Supervisor Tupper would have his secretary provide
copies of the agreement to the Board, and would invite Mr. Whitney to attend the next Town
Board Meeting.
There was discussion regarding the contract with Armory Associates, LLC to conduct the
GASB 45 Audit for 2012. Councilman Leach asked for clarification of the wording regarding
the services offered (Page 7, #1), including a "complete demographic analysis of the Client's
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OCTOBER 17, 2012 TOWN BOARD MEETING PAGE 4
current covered employees, retirees, and their dependents." Supervisor Tupper indicated that the
sex, age, and marital status for each employee must be ascertained in order to determine what the
post -employment benefit costs are based on those items. The last audit showed the average age,
number of employees, and what tiers the employees were in along with other information. The
GASB 45 Audit must be completed every three years.
Town Clerk Snyder drew attention to an error in the agreement regarding the Town's
address. Supervisor Tupper noted the error and stated he would have it corrected.
RESOLUTION 4194 AUTHORIZE SUPERVISOR TO SIGN CONTRACT WITH
ARMORY ASSOCIATES, LLC TO CONDUCT THE GASB 45
AUDIT FOR THE TOWN OF CORTLANDVILLE FOR 2012
Motion by Councilman Leach
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to sign the
contract with Armory Associates, LLC to conduct the GASB 45 Audit for the Town of
Cortlandville for the fiscal year ending December 31, 2012, for the total cost of $2,700.00, and it is
further
RESOLVED, the Town Board authorizes Armory Associates, LLC to provide a condensed report
for the 2013 and 2014 fiscal year's financial statements for the cost of $1,000.00 for each year.
RESOLUTION #195 AUTHORIZE SUPERVISOR TO TRANSFER FUNDS FROM
THE CONTINGENT ACCOUNT A1990.4 TO A1320.4 FOR THE
GASB 45 AUDIT FOR THE TOWN OF CORTLANDVILLE
FOR THE YEAR 2012
Motion by Councilman Testa
Seconded by Councilman Proud
VOTES: ALL AYE ADOPTED
WHEREAS, the Supervisor requested the Town Board authorize him to transfer funds from the
Contingent Account A1990.4 to A1320.4 for the GASB 45 Audit for the Town of Cortlandville
for the fiscal year ending December 31, 2012, therefore
BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to transfer
$700.00 from the Contingent Account A1990.4 to A1320.4.
RESOLUTION #196 AUTHORIZE SUPERVISOR TO TRANSFER FUNDS FROM
THE SEWER OPERATING FUND TO THE CAPITAL
PROJECT FUND FOR THE NYS ROUTE 13 SEWER
REHABILITATION PROJECT
Motion by Councilman Proud
Seconded by Councilman Leach
VOTES: ALL AYE ADOPTED
WHEREAS, the Supervisor requested the Town Board authorize him to transfer funds from the
Sewer Operating Fund to the Capital Project Fund for the NYS Route 13 Sewer Rehabilitation
Project, therefore
BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to transfer
$1,394.00 from the Sewer Operating Fund to the Capital Project Fund for the NYS Route 13
Sewer Rehabilitation Project, and it is further
RESOLVED, the Sewer Operating Fund will be reimbursed when the Town receives bonding for
the NYS Route 13 Sewer Rehabilitation Project.
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OCTOBER 17, 2012
TOWN BOARD MEETING
PAGE 5
RESOLUTION #197
AUTHORIZE APPROVAL REQUEST OF LEAMON AND
DORENE EATON FOR THE 2011 COMMUNITY
DEVELOPMENT BLOCK GRANT HOUSING
REHABILITATION PROGRAM
Motion by Councilman Leach
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize the approval request of Leamon and
Dorene Eaton for property located at 1596 Oakcrest Street in the Town of Cortlandville, for a
100% deferred loan for the 2011 Community Development Block Grant Housing Rehabilitation
Program, and it is further
RESOLVED, the work to be completed would include electric, exterior carpentry, heating,
interior carpentry, plumbing, roofing, siding, windows & doors, flooring and other, for a total of
$25,900.00.
RESOLUTION #198 AUTHORIZE SUPERVISOR TO SIGN THE AFFIDAVIT
REGARDING THE TOWN'S 2011 COMMUNITY
DEVELOPMENT BLOCK GRANT HOUSING
REHABILITATION PROGRAM BETWEEN THE TOWN AND
MICHELLE TOWSLEY
Motion by Councilman Leach
Seconded by Councilman Proud
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize the Supervisor to sign the Affidavit
regarding the Town's 2011 Community Development Housing Rehabilitation Program, between the
Town of Cortlandville and Michelle Towsley, 1368 East River Road, Cortland, New York
regarding the extension of loan funds by the Town's CDBG Program for the total amount of
$25,305.00.
RESOLUTION #199 AUTHORIZE SUPERVISOR TO SIGN THE AFFIDAVIT
REGARDING THE TOWN'S 2011 COMMUNITY
DEVELOPMENT BLOCK GRANT HOUSING
REHABILITATION PROGRAM BETWEEN THE TOWN AND
FRANCIS E. GARROW AND GRETCHEN F. GARROW
Motion by Councilman Leach
Seconded by Councilman Proud
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize the Supervisor to sign the Affidavit
regarding the Town's 2011 Community Development Housing Rehabilitation Program, between the
Town of Cortlandville and Francis E. Garrow and Gretchen F. Garrow, 3783 McGraw Marathon
Road, McGraw, New York regarding the extension of loan funds by the Town's CDBG Program
for the total amount of $28,805.00.
RESOLUTION #200 AUTHORIZE SUPERVISOR TO SIGN THE AFFIDAVIT
REGARDING THE TOWN'S 2011 COMMUNITY
DEVELOPMENT BLOCK GRANT HOUSING
REHABILITATION PROGRAM BETWEEN THE TOWN AND
CHRISTINE A. BAKER
Motion by Councilman Leach
Seconded by Councilman Proud
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize the Supervisor to sign the Affidavit
regarding the Town's 2011 Community Development Housing Rehabilitation Program, between the
Town of Cortlandville and Christine A. Baker, 3187 Gracie Road, Cortland, New York regarding
the extension of loan funds by the Town's CDBG Program for the total amount of $26,590.00.
OCTOBER 17, 2012 TOWN BOARD MEETING PAGE 6
Supervisor Tupper apprised the Board that Bernie Thoma of Thoma Development
Consultants informed him they received 31 more requests for funding through the CDBG for
which there is not enough money. Mr. Thoma questioned whether the Town wanted to make
application for another $400,000.00 CDBG in 2013, to which Supervisor Tupper responded yes.
Supervisor Tupper stated that if 12-15 houses are rehabilitated each year it would only enhance
the Town.
Councilman Rocco questioned whether the Town Assessor reassessed the rehabilitated
homes. Attorney Folmer indicated that the applicants must receive a building permit which is
turned over to Assessor Briggs, so he is aware that the improvements are being made.
Supervisor Tupper mentioned that many of the improvements are maintenance items such as new
heating systems and new roofs, which would not affect assessments.
There was discussion regarding the request for a reduction in the Water Benefit Tax for
George and Beverly Rogers, 1416 East River Road in the Town of Cortlandville. Supervisor
Tupper indicated that they received a request from the Rogers for a reduction in the Water
Benefit Tax, and received supplemental information and maps from Town Clerk Snyder
regarding the property. He recalled that when the waterline was run in Polkville the Town had to
get from East River Road to Rural Avenue. The Town received an easement from the Rogers to
run the waterline through their property. Supervisor Tupper also indicated that the Rogers have a
lot of road frontage that could never be developed.
RESOLUTION #201 AUTHORIZE REDUCTION OF WATER BENEFIT TAX UNIT
CHARGE FOR PROPERTY OWNED BY GEORGE AND
BEVERLY ROGERS LOCATED AT 1416 EAST RIVER ROAD
Motion by Councilman Leach
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
WHEREAS, a request was made by George Rogers of 1416 East River Road, Cortland, New
York, to reduce the Water Benefit Tax unit charge from 3.0 units to 0.50 units, and
WHEREAS, such request was reviewed by Town Assessor, David Briggs, who recommended
that the Water Benefit Tax Unit charge be reduced from 3.0 units to 1.0 units, based on the
parcel having extensive road frontage that could never be developed, and because Mr. Rogers
granted an easement to the Town to extend the water line from East River Road to Rural Avenue
at no cost, therefore
BE IT RESOLVED, the Town Board does hereby authorize the reduction of the Water Benefit
Tax unit charge from 3.0 units to 1.0 units for property owned by George and Beverly Rogers,
1416 East River Road, tax map #87.13-01-11.000, effective with the 2013 Tax Roll of the Town
of Cortlandville.
There was discussion regarding the request for a reduction in the Water Benefit Tax for
property owned by Richard Race and Patricia Masterson, located at 3707 US Route 11.
Supervisor Tupper explained that the parcel has extensive road frontage that could never be
developed due to the fact that the NYS DOT took a major appropriation of the property.
RESOLUTION #202 AUTHORIZE REDUCTION OF WATER BENEFIT TAX UNIT
CHARGE FOR PROPERTY OWNED BY RICHARD RACE
AND PATRICIA MASTERSON LOCATED AT
3707 US ROUTE 11
Motion by Councilman Proud
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
WHEREAS, a request was received from Richard Race requesting the reduction of the Water
Benefit Tax unit charge from 3.00 units to 1.0 units, for property located at 3707 US Route 11,
tax map #97.02-01-18.100, and
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OCTOBER 17, 2012 TOWN BOARD MEETING PAGE 7
WHEREAS, such request was reviewed by Town Assessor, David Briggs, who recommended
that the Water Benefit Tax Unit charge be reduced from 3.0 units to 1.0 units, based on the
parcel having extensive road frontage that could never be developed due to the fact that the New
York State Department of Transportation has taken a major appropriation of the Race property,
therefore
BE IT RESOLVED, the Town Board does hereby authorize the reduction of the Water Benefit
Tax unit charge from 3.0 units to 1.0 units for property owned by Richard Race and Patricia
Masterson, 3707 US Route 11, tax map #97.02-01-18.100, effective with the 2013 Tax Roll of
the Town of Cortlandville.
Councilman Leach made a motion, seconded by Councilman Proud, to receive and file
correspondence from Time Warner Cable, dated October 10, 2012, regarding Time Warner
Cable Internal Restructuring. All voting aye, the motion was carried.
Supervisor Tupper offered privilege of the floor to Steve Flatt.
Steve Flatt commented on Time Warner Cable and the cancellation of channels/services
to the area. He questioned whether the Town had any control over what the company does in
this area. He also mentioned the franchise agreement between Time Warner and the Town.
Supervisor Tupper mentioned that Town has a representative on the Cable Commission however
he recently resigned which means there is a vacancy. The representative is supposed to negotiate
with Time Warner over issues. The Commission does not seem to have much clout, however it
is mandated by the Public Service Commission.
Mr. Flatt commented on earlier discussion regarding the installation of new water meters
and the $45.00 fee for non-compliance. Mr. Flatt recalled that the Board adopted a $25.00 fee
and suggested the Board review the Minutes. Attorney Folmer recalled that the Board adopted
fees for testing the meters, but could not recall the adoption of the $45.00 fee.
Mr. Flatt stated that he had been looking for a charge on his water bill because he did not
yet have a new meter but his neighbors did. Mr. Flatt indicated that he also did not receive a
letter.
Town Clerk Snyder clarified that Water & Sewer Sup't. Alteri was mailing the letters for
the new meter installation to specific neighborhoods and in certain numbers; not every person
connected to Town water/sewer has received a letter yet. Councilman Testa suggested Mr. Flatt
contact the Water & Sewer Department to schedule an appointment for the new meter
installation.
No further comments or discussion were heard.
. Councilman made a motion, seconded by Councilman, to adjourn the Regular Meeting.
All voting aye, the motion was carried.
The meeting was adjourned at 5:35 p.m.
;RespLetfully 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 November 7, 2012.
The draft version of this meeting was approved as written at the Town Board meeting of November 20, 2012.