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Home My WebLink About12-05-201218� DECEMBER 05, 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; Town ZBA Member, David Alexander; Steve Flatt; Aaron Hamid; Randy Young; News Reporters: Neil Benjamin from the Cortland Standard, Eric Mulvihill from WXHC, and Sharon Stevans for Channel 2, Access TV. Supervisor Tupper called the meeting to order. RESOLUTION #225 AUTHORIZE SUPERVISOR TO SIGN PURCHASE ORDER #0137 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 Purchase Order #0137 submitted by Water & Sewer Sup't. Peter Alteri to be paid to Modular Mechanical Service, to replace the heat pump in the Court Room in the Raymond G. Thorpe Municipal Building, for the total cost of $3,038.00. RESOLUTION #226 AUTHORIZE SUPERVISOR TO SIGN PURCHASE ORDER #1168 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 #1168 submitted by Highway Sup't. Carl Bush to be paid to Beam Mack Sales & Service for the purchase and installation of three 8'-10' Western Plows, for the cost of $4,972.00 each, for the total cost of $14,916.00. RESOLUTION #227 AUTHORIZE PAYMENT OF VOUCHERS — DECEMBER 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 #609 - 645 $265,675.52 General Fund B B 167 - B 175 $ 14,717.16 Highway Fund DB D456 - D483 $183,158.60 Trust & Agency T31 - T33 $ 31,357.76 Special Grants C34 - C36 $ 16,766.52 Water Fund W327 - W344 $112,710.33 Sewer Fund S164 - SI78 $361,703.90 1_85 DECEMBER 05, 2012 TOWN BOARD MEETING PAGE 2 Supervisor Tupper offered privilege of the floor to those in attendance. No requests were made. The report of the Cortland County SPCA for the month of October Y.T.D. 2012, and the monthly reports of the Code Enforcement Officer, Fire & Safety Inspection Report, Town Clerk, Supervisor and Water & Sewer Department for the month of November 2012, 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 December 5, 2012, regarding programming services. All voting aye, the motion was carried. Attorney Folmer reported: Demolition of Unsafe Building — Route 13 Partners, LLC: Attorney Folmer reported that he argued the Petition with regard to the former Golden Skillet on Friday, November 30, 2012 in front of Judge Rumsey, in which he reserved decision. There was a procedural matter raised by the respondent regarding the submission of additional answering papers. The Judge indicated in a decision that he circulated earlier this week that the respondent was not going to be able to submit additional papers. Consequently the Town was awaiting a decision by the Judge. Attorney Folmer apprised the Board that he made arrangements for the decision to be transmitted to CEO Williams in the event that Attorney Folmer was out of the office. Dr. Charlotte Hawkins — 4077 Route 281: Attorney Folmer stated that the Town Planning Board would like the Town Board to refer to him a matter involving Dr. Charlotte Hawkins and an interpretation of the Town's Zoning Ordinance. He asked the Board to refer the matter to him and he would report back to the Board at their next meeting regarding a resolution. Supervisor Tupper questioned whether Attorney Folmer wanted the Board to adopt a resolution referring the matter to him. Attorney Folmer indicated that the Board could do so by consensus, which the Board did. - Annexation of Land from Village of Homer to the Town of Cortlandville: Attorney Folmer apprised the Board he did not have any new information regarding the annexation of property on Bell Drive. There are time limits involved regarding scheduling and conducting public hearings, which he did not think would take place until after the I" of the new year. Attorney Folmer also mentioned that one of the parties involved would be leaving town for the winter months, which he did not anticipate being a problem. Proposed Local Law — Wind Energy Facilities: Attorney Folmer presented a draft of the proposed Wind Energy Facilities Local Law, dated December 3, 2012 to the Board and asked them to receive and file the document. Attorney Folmer indicated that the proposed Local Law would also be available to the public on the Town's website. He also requested the Board entertain a motion to forward the document to the Cortland County Planning Board and the Town Planning Board for their comments. Councilman Leach made a motion, seconded by Councilman Testa, to receive and file the Draft Town of Cortlandville Local Law for Wind Energy Facilities dated December 3, 2012. All voting aye, the motion was carried. DECEMBER 05, 2012 TOWN BOARD MEETING PAGE 3 RESOLUTION #228 REFER DRAFT TOWN OF CORTLANDVILLE LOCAL LAW — WIND ENERGY FACILITIES TO THE TOWN AND COUNTY PLANNING BOARDS FOR REVIEW AND RECOMMENDATIONS Motion by Councilman Proud Seconded by Councilman Leach VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby refer the Draft Town of Cortlandville Local Law — Wind Energy Facilities, dated December 3, 2012 to the Town and County Planning Boards for review and recommendations. Attorney Folmer commented on the procedural matter that happened at the last meeting regarding the request for a roll call vote. He explained that a roll call vote is a procedural device that can be triggered by 115 of the membership of any group. In the Town Board's case, a roll call vote can be requested by one Board member. Attorney Folmer stated that the Board did have a roll call vote on the issue of the ban of turbines. He understood from Town Clerk Snyder that the November 20, 2012 Town Board Minutes would reflect that there was a roll call vote, and that the ayes and nays would be recorded as to who voted in which fashion. Some additional comments would be made to reflect the discussion the Board had after the vote to the effect that the mere fact that a member may have voted against a ban does not mean that he is in favor of the location of turbines. Attorney Folmer stated that the important thing for the Board to remember was that one member of the Board constitutes 115, therefore any member can ask for a roll call vote at any time that he thought necessary. RESOLUTION #229 SCHEDULE PUBLIC HEARING FOR AQUIFER PROTECTION PERMIT APPLICATION SUBMITTED BY CROWN COURT LLC FOR PROPERTY LOCATED ON BENNIE ROAD Motion by Councilman Leach Seconded by Councilman Proud VOTES: ALL AYE ADOPTED BE IT RESOLVED, a Public Hearing shall be scheduled for December 19, 2012 at 5:00 p.m. for an Aquifer Protection Permit application submitted by Crown Court LLC for property located on Bennie Road, tax map 4105.00-02-04.000 and #105.00-02-05.000. Councilman Leach made a motion, seconded by Councilman Testa, to receive and file the Public Hearing Notice for the NY Susquehanna and Western Railway Corp. to be held on December 7, 2012 at 12:00 p.m. at the Cortland County IDA, located at 37 Church Street, Cortland, New York. All voting aye, the motion was carried. Councilman Leach made a motion, seconded by Councilman Proud, to receive and file correspondence from the New York State Homes & Community Renewal, dated November 19, 2012, regarding the NYS Community Development Block Grant for Pall Corp. All voting aye, the motion was carried. Councilman Leach made a motion, seconded by Councilman Proud, to receive and file correspondence from Supervisor Tupper to Amanda Barber, Cortland County Soil and Water Conservation District, dated November 21, 2012, regarding Phase I and Phase II of the Storm Water System Maintenance Program for the Town of Cortlandville and the fees to be paid. All voting aye, the motion was carried. -187 DECEMBER 05, 2012 TOWN BOARD MEETING PAGE 4 Councilman Leach made a motion, seconded by Councilman Proud, to receive and file correspondence from the New York State Department of Environmental Conservation, dated November 15, 2012, regarding the Urban and Community Forest Project — Ted Testa Park Tree Planting Project, in which the Town was approved for a State share of $10,400. All voting aye, the motion was carried. RESOLUTION #230 ESTABLISH SCHEDULE OF TOWN BOARD MEETINGS FOR THE YEAR OF 2013 Motion by Councilman Proud Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, the regular meetings of the Town Board of the Town of Cortlandville shall be held at the Raymond G. Thorpe Municipal Building, 3577 Terrace Road, Cortland, New York on the first and third Wednesday of each month at 5:00 p.m., with the exception of May l't and June 5t', in which the meetings will be held at 7:00 p.m., and if such day should fall on a holiday, the meeting shall be held the next business day, and it is further RESOLVED, the May 1, 2013 meeting will be held at the Community Building in the Village of McGraw at 7:00 p.m., the June 5, 2013 meeting will be held at the Blodgett Mills Independent Baptist Church in Blodgett Mills at 7:00 p.m., and the July 10, 2013 meeting will be held at the J.M. McDonald Center in Cortlandville at 5:00 p.m., and it is further RESOLVED, the Town Clerk shall have the meeting schedule posted in the newspaper in Legal Notice form. RESOLUTION #231 APPROVE HOLIDAY SCHEDULE 2013 Motion by Councilman Leach Seconded by Councilman Proud VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Following Holiday Schedule for the year 2013 is hereby approved as follows: New Year's Day Tuesday January 01, 2013 Martin Luther King Jr. Day Monday January 21, 2013 President's Day Monday February 18, 2013 Good Friday Friday March 29, 2013 Memorial Day Monday May 27, 2013 Independence Day Thursday July 04, 2013 Labor Day Monday September 02, 2013 Columbus Day Monday October 14, 2013 Election Day Tuesday November 05, 2013 Veterans Day Monday November 11, 2013 Thanksgiving Day Thursday November 28, 2013 Friday November 29, 2013 Christmas Eve Tuesday December 24, 2013 Christmas New Year's Eve Wednesday Tuesday December 25, 2013 December 31, 2013 RESOLUTION #232 AUTHORIZE SUPERVISOR TO SIGN THE OWNER - OCCUPIED LOAN AGREEMENT BETWEEN THE TOWN AND CHRISTINE A. BAKER FOR THE TOWN'S 2011 COMMUNITY DEVELOPMENT BLOCK GRANT HOUSING REHABILITATION PROGRAM Motion by Councilman Leach Seconded by Councilman Proud VOTES: ALL AYE ADOPTED DECEMBER 05, 2012 TOWN BOARD MEETING PAGE 5 BE IT RESOLVED, the Town Board does hereby authorize the Supervisor to sign the Owner - Occupied Loan Agreement between the Town of Cortlandville and Christine A. Baker, 3187 Gracie Road, Cortland, New York, for a 100% deferred loan for the 2011 Community Development Block Grant Housing Rehabilitation Program in the amount of $26,590.00. RESOLUTION 4233 AUTHORIZE SUPERVISOR TO TRANSFER FUNDS FROM FUND BALANCES INTO ESTABLISHED RESERVE ACCOUNTS Motion by Councilman Leach Motion by Councilman Proud VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to transfer the following funds from fund balances into the following reserve accounts: - $3,000.00 from General Fund A fund balance into Unemployment Reserve Fund A231 - $54,000.00 from DB fund balance into Highway Equipment Capital Reserve Fund DB 231 - $15,000.00 from Water fund balance into Water Improvement Capital Reserve Fund SW 231 - $15,000.00 from Sewer fund balance into Sewer Improvement Capital Reserve Fund SS 231 RESOLUTION #234 AMEND 2002 PERSONNEL POLICY SECTIONS 902-A HEALTH INSURANCE/DENTAL INSURANCE, 903-A HEALTH AND DENTAL INSURANCE OF RETIRED EMPLOYEES, TO REFLECT CHANGES IN CONTRIBUTIONS EFFECTIVE JANUARY 1, 2013 Motion by Councilman Proud Seconded by Councilman Leach VOTES: ALL AYE ADOPTED WHEREAS, due to an increase in health insurance and dental insurance costs, the Town Board determined it was appropriate to change the percent of contributions made by the Town and employees/retirees towards the cost of health insurance and dental insurance, therefore BE IT RESOLVED, the Town Board does hereby amend the 2002 Personnel Policy Section 902- A — Health Insurance/Dental Insurance, by decreasing the Town's contribution towards the cost of health insurance and dental insurance for its eligible employees and their dependents from eighty-four (84) percent to eighty-three (83) percent, and to therefore increase the percent of the insurance premium that the employees are responsible for from sixteen (16) percent to seventeen (17) percent, and it is further RESOLVED, the Town Board hereby amends the 2002 Personnel Policy Section 903-A Health and Dental Insurance of Retired Employees, by decreasing the Town's contribution by one (1) percent to full-time employees, including elected officials, who retired from the Town and their eligible spouses, according to the following schedule: Years of Service Town's Contribution Retired Employees Contribution 10 years 43% 57% 15 years 53% 47% 20 years 63% 37% 25 years 73% 27% AND BE IT FURTHER RESOLVED, the changes to the Personnel Policy shall be effective January 1, 2013. 1 1 LJ DECEMBER 05, 2012 TOWN BOARD MEETING PAGE 6 Supervisor Tupper introduced Aaron Hamid to the Board, as the new representative for the Town on the Cortland County Cable Commission. The Board was pleased that Mr. Hamid volunteered his time for the position. RESOLUTION #235 APPOINT AARON HAMID TO THE CORTLAND COUNTY CABLE COMMISSION AS A REPRESENTATIVE FOR THE TOWN OF CORTLANDVILLE Motion by Councilman Leach Seconded by Councilman Proud VOTES: ALL AYE ADOPTED WHEREAS, there is a vacancy for a Representative from the Town of Cortlandville on the Cortland County Cable Commission, therefore BE IT RESOLVED, the Town Board does hereby appoint Aaron Hamid, 4330 Kinney Gulf Road, Cortland, New York, to the Cortland County Cable Commission for a three year term, commencing January 1, 2013. There was a brief discussion regarding the relevy of delinquent water and sewer accounts to the 2013 tax roll of the Town. Town Clerk Snyder explained that the report to be accepted by the Board was the dollar amount of water and sewer quarterly bills that were not collected. According to the Town's Water and Sewer Ordinance the Town may relevy the delinquent water and sewer accounts to the tax roll of the Town. Town Clerk Snyder indicated that the outstanding amount to be relevied was approximately $12,000 less than last year. RESOLUTION #236 AUTHORIZATION TO RELEVY DELINQUENT WATER AND SEWER ACCOUNTS TO THE 2013 TAX ROLL OF THE TOWN Motion by Councilman Leach Seconded by Councilman Proud VOTES: ALL AYE ADOPTED WHEREAS, the list of delinquent accounts of the Water & Sewer Department of the Town was submitted, as required, therefore BE IT RESOLVED, the Town Board does hereby receive and file and forward the list of delinquent water and sewer accounts of the Town of Cortlandville to the Cortland County Real Property Tax Office, to be relevied onto the 2013 tax roll of the Town. Town Clerk Snyder informed the Board that the benefit tax has been computed. Through the Town Budget the Board approved the dollar amount to be raised for capital projects of the Town. The actual number of units was computed and would be sent to the Cortland County Real Property Tax Department to be added to the Town and County tax bills for 2013. No action was required by the Board. RESOLUTION #237 REFER AQUIFER PROTECTION PERMIT APPLICATION SUBMITTED BY PROP, INC. FOR PROPERTY LOCATED AT 3903-3911 ROUTE 281 TO THE TOWN AND COUNTY PLANNING BOARDS FOR REVIEW AND RECOMMENDATIONS Motion by Councilman Leach Seconded by Councilman Proud VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Aquifer Protection Permit application submitted by Prop, Inc. for property located at 3903-3911 Route 281, tax map #86.17-01-02.111, shall be forwarded to the Town and County Planning Boards for review and recommendations. 190 DECEMBER 05, 2012 TOWN BOARD MEETING PAGE 7 Councilman Rocco apprised the Board he had a conflict with the next Town Board Meeting and would not be able to attend. He questioned whether there were any known agenda items that would require his vote and for him to be there. Supervisor Tupper indicated that an Aquifer Protection Permit Public Hearing would be held and routine end of the year items would be discussed. Attorney Folmer mentioned that Board may want to discuss extending the moratorium which expires December 31, 2012. On another note, Councilman Rocco commented that it was a contentious and hard year in many respects for the Town Board. He thanked every member of the Board and everyone who works for the Town of Cortlandville. Councilman Rocco stated that he has been a member of the Board for 27 years, and that this year was a tough one. Councilman Rocco also commented on a recent editorial published in the Cortland Standard with regard to Mr. Murphy doing a great job balancing the budget and how there would only be a 1 % tax increase for the County. He stated that the editorial failed to mention that the low tax increase of the County was much the result of money taken from the towns with regard to sales tax. Councilman Rocco felt that the County could have done a much better job. No further comments or discussion were heard. Councilman Rocco made a motion, seconded by Councilman Testa, to adjourn the Regular Meeting. All voting aye, the motion was carried. The meeting was adjourned at 5:20 p.m. Respe tfully 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 January 16, 2013. The draft version of this meeting was approved as written at the Town Board meeting of January 16, 2013. 1