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HomeMy WebLinkAbout01-05-2011217 JANUARY 05, 2011 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; News Reporters: Jeremy Houghtaling from the Cortland Standard, and Sharon Stevans for Channel 2, Access TV. Supervisor Tupper called the meeting to order. RESOLUTION 401 AUTHORIZE SUPERVISOR TO SIGN PURCHASE ORDER 41128, #1129 AND #1130 Motion by Councilman Testa 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 #1128, #1129, and #1130 submitted by Highway Sup't. Carl Bush for the purchase of 500 tons of treated salt, 300 tons of regular salt, and 500 tons of deicing salt from Cargill Salt. RESOLUTION #02 AUTHORIZE PAYMENT OF VOUCHERS - JANUARY Motion by Councilman Proud 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 Vouchers #1 - 20 $ 83,813.33 General Fund B B 1- B 1 $ 27,007.97 Highway Fund DB D 1 - D 14 $117, 843.01 Trust & Agency T1 - T3 $ 27,941.28 Special Grants C 1 - C3 $ 14,377.12 Water Fund Wl - W7 $ 6,330.70 Sewer Fund S 1 - S2 $ 2,225.74 Capital Project Hl - H1 $ 387.41 Supervisor Tupper offered privilege of the floor to those in attendance. No requests were made. The monthly reports of the Code Enforcement Officer, Town Clerk, and Water & Sewer Department for the month of December 2010 were on the table for review and are filed in the Town Clerk's office. 21B JANUARY 05, 2011 TOWN BOARD MEETING PAGE 2 RESOLUTION #03 ACCEPT ANNUAL REPORT OF TOWN RMO AND SCHEDULE OF DISPOSED RECORDS IN 2010 IN ACCORDANCE WITH THE RETENTION AND DISPOSITION SCHEDULE Motion by Councilman Proud Seconded by Councilman Leach VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby accept the Annual Report of the Records Management Officer of the Town, including a list of the disposed records in 2010, in accordance with the Records Retention Disposition Schedule, MU-1. Supervisor Tupper apprised the Board that Senator Seward would be in town on Friday, January 7, 2011. He invited the Board to attend the meet and greet at 10:00 a.m. at his Route 281 office. Supervisor Tupper apprised the Board he received a request from a town resident regarding the noise from trucks on Route 222. In the area between Sears Road and Lyncort Drive the speed limit changes from 55 MPH to 45 MPH. Trucks coming in to town use their engine brakes to slow down, which are quite loud. Residents were disturbed by the loud noises. A photograph of a sign in Skaneateles was provided to Supervisor Tupper, which stated there is a noise limit in New York State. He questioned whether the Town could directly request the State to install such a sign on Route 222, or whether the request must first go through the County. Highway Sup't. Bush indicated the request could be made directly to the State. Councilman Leach suggested the sign specifically state, "no engine brakes allowed." Supervisor Tupper also received a request from a resident on Lime Hollow Road regarding the traffic and speed limit on such road. The resident complained of an increase in traffic on the road since the construction of Super Wal-Mart, and requested the speed be reduced from 45 mph to 40 mph. Supervisor Tupper requested the resident submit a petition from Lime Hollow Road residents, which she was not able to do. The Board suggested the request be submitted to the State without a petition at this time. RESOLUTION #04 AUTHORIZE REQUEST TO REDUCE SPEED LIMIT ON LIME HOLLOW ROAD BETWEEN NYS ROUTE 13 AND MCLEAN ROAD IN THE TOWN OF CORTLANDVILLE Motion by Councilman Rocco Seconded by Councilman Testa VOTES: ALL AYE ADOPTED WHEREAS, as a result of the newly constructed Wal-Mart Supercenter and an increase in traffic, a request was made by a Town resident for a reduction in the speed limit on Lime Hollow Road from 45 mph to 40 mph, from the intersection of NYS Route 13 to McLean Road, and WHEREAS, Lime Hollow Road is a Town road, therefore BE IT RESOLVED, the Town Board does hereby authorize and direct the request to reduce the speed limit on Lime Hollow Road to 40 mph, from the intersection of NYS Route 13 to McLean Road, be submitted to the NYS DOT for approval, via the Cortland County Highway Superintendent for his input, as required. Councilman Rocco questioned the status of the traffic signal at the intersection of Route 222 and Fairview Drive/Highland Road, which was supposed to be installed in the Fall 2010. Highway Sup't. Bush was not sure why the project was pushed back, but would look into the matter. Under new business, Town Clerk Snyder apprised the Board the Cortlandville Fire Department Banquet would be held on Friday, January 7, 2011 at 6:00 p.m. at Corey Union on the SUNY Cortland Campus and not at Neubrig Hall as announced in their invitation. JANUARY 05, 2011 TOWN BOARD MEETING PAGE 3 z1� 1 Attorney Folmer had no business to report. There was discussion regarding the 2011 Annual Contracts, which were all included in the budget for 2011. Attorney Folmer recommended the Board not approve the contract for the Cortland County SPCA until he and Town Clerk Snyder had the opportunity to meet with the Director of the SPCA. There were a few discrepancies in the SPCA's contracts that had to be resolved, due to the shift from the New York State Agriculture & Markets to the town regarding the identification and control of dogs. RESOLUTION #05 APPROVE THE 2011 ANNUAL CONTRACTS Motion by Councilman Testa Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby approve the annual contracts for 2011, and shall receive and file them as follows: Cortland Youth Bureau $77,000.00 Cortland Regional Sports Council $12,500.00 Homer Recreation $19,899.00 J.M. Murray Center $21,060.00 Lamont Memorial Library $21,982.00 Lime Hollow Nature Center $ 2,500.00 McGraw Recreation $12,000.00 RESOLUTION #06 ADOPT TOWN OF CORTLANDVILLE PROCUREMENT POLICY - 2011 Motion by Councilman Proud Seconded by Councilman Leach VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby readopt the Town of Cortlandville Procurement Policy dated January 6, 2010 for the year 2011 with no changes. RESOLUTION #07 REAPPOINT KEVIN WHITNEY 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 Kevin Whitney, 3689 Delaware Ave., Cortland, New York to the Cortlandville Zoning Board of Appeals for a five-year term commencing January 01, 2011 and shall expire December 31, 2015. RESOLUTION #08 REAPPOINT ELIZABETH AMBROSE 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 Elizabeth Ambrose, 1199 Davinci Dr., Cortland, New York to the Cortlandville Planning Board for a five-year term commencing January O1, 2011 and shall expire December 31, 2015. ZZo JANUARY 05, 2011 TOWN BOARD MEETING PAGE 4 RESOLUTION #09 DESIGNATE THE CORTLAND STANDARD AS THE OFFICIAL NEWSPAPER FOR THE TOWN OF CORTLANDVILLE FOR THE YEAR 2011 Motion by Councilman Proud Seconded by Councilman Leach 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 2011. Councilman Rocco commented on the lack of newspapers available at stores in the Town of Cortlandville, and hoped that the Cortland Standard would increase the amount available. RESOLUTION 410 DESIGNATION OF DEPOSITORIES FOR TOWN ACCOUNTS FOR THE YEAR 2011 Motion by Councilman Testa Seconded by Councilman Leach 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 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 #11 AUTHORIZE TOWN CLERK TO ACCEPT THE SUPERVISOR'S ANNUAL FINANCIAL REPORT 90 DAYS AFTER THE CLOSE OF 2010 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 2010, 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. 1 1 1 zZI JANUARY 05, 2011 TOWN BOARD MEETING PAGE 5 RESOLUTION #12 DELEGATE TOWN BOARD MEMBERS TO AUDIT 2010 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 2010, shall be audited by Town Board members by January 19, 2011 as follows: Supervisor Theodore V. Testa Town Clerk/Tax Collector Ronal L. Rocco Town Justice John Proud Highway, Water & Sewer Gregory Leach Councilman Testa reported that he audited the Supervisor's records today, January 5, 2011, and found the records to be in order. RESOLUTION #13 ACCEPT AGREEMENT OF EXPENDITURES OF HIGHWAY MONIES FOR THE YEAR OF 2011 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 2011 is hereby accepted and shall be signed by members of the Town Board and Highway Superintendent. RESOLUTION #14 ADOPT THE 2011 SALARY SCHEDULE FOR THE TOWN OF CORTLANDVILLE Motion by Councilman Rocco Seconded by Councilman Leach VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby adopt the 2011 Salary Schedule for Town of Cortlandville employees and elected/appointed officials. RESOLUTION #15 ADOPT TOWN HIGHWAY DEPARTMENT AND WATER & SEWER DEPARTMENT SALARY SCHEDULES FOR 2011 Motion by Councilman Testa Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby adopt the Town Highway Department and Water & Sewer Department salary schedules for the year 2011 as follows: HIGHWAY DEPARTMENT 2011 PAYROLL SCHEDULE UMUNG 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 19.58 21.08 21.68 22.18 22.58 22.88 Heavy Equipment Operator/ 19.15 20.65 21.25 21.76 22.15 22.45 with Trailer CDL zz� JANUARY 05, 2011 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 18.75 20.25 20.85 21.36 21.75 22.05 18.42 19.92 20.52 21.02 21.42 21.72 17.64 19.14 19.74 20.24 20.64 20.94 12.96 13.96 14.96 15.96 16.96 17.85 11.92 12.92 14.37 15.76 16.26 16.76 14.57 15.57 16.57 17.57 18.46 18.96 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. WATER & SEWER DEPARTMENT 2011 PAYROLL SCHEDULE HIItING STEP -A STEP-B STEP-C STEP-D STEP-E W&S Supt. $48,921.70 $50,921.70 $52,421.70 $53,921.70 $55,421.70 $56,921.70 Deputy $39,064.14 $41,064.14 $42,564.14 $44,064.14 $45,564.14 $47,064.14 W&S Supt. W&S Oper. $37,263.90 $39,263.90 $40,763.90 $42,263.90 $43,763.90 $45,263.90 W&S Oper. $31,185.60 $33,185.60 $34,185.60 Trainee Secretary $28,000.00 $30,000.00 $31,400.00 $32,900.00 $34,400.00 $35,900.00 NOTE: A Water & Sewer Operator Trainee can go to an Operator Hiring wage after the successful completion and receipt of their Water Operators License. Hiring rate and step rates are given on anniversary dates if work improvement and performance are shown. There was discussion regarding the bid for New Sensus Water Meters and Remote Transceivers. Because the bid opening occurred earlier in the day, Supervisor Tupper directed any questions to Town Clerk Snyder and Councilman Proud. Councilman Leach questioned whether the Board budgeted the entire amount of the project. Supervisor Tupper explained that the project would be spread out over two years; only half of the work would be completed in 2011. Councilman Proud added that there was a clause in the contract that the price would not increase over the two years. The contract itself was a four-year contract. 1 1 Z23 JANUARY 05, 2011 TOWN BOARD MEETING PAGE 7 RESOLUTION #16 AWARD BID FOR NEW SENSUS WATER METERS AND MXU TRANSCEIVERS WITH FIXED BASE NETWORK TO EVERETT J. PRESCOTT, INC. IN THE AMOUNT OF $494,449.88 Motion by Councilman Proud Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED WHEREAS, bids were advertised for New Sensus Water Meters and MXU Transceivers with Fixed Base Network, and WHEREAS, sealed bids were opened on January 5, 2011 at 2:00 p.m. and provided to Water & Sewer Sup't. Peter Alteri Jr. for review as follows: Everett J. Prescott, Inc. $494,449.88 241 Farrell Road Syracuse, New York 13209 BE IT RESOLVED, the bid as recommended by Water & Sewer Sup't. Alteri is hereby awarded to Everett J. Prescott, Inc. (EJP) of 241 Farrell Road, Syracuse, New York in the amount of $494,449.88. There was discussion regarding the Aquifer Protection Permit Application submitted by Steve Terwilliger for property located on Route 13, owned by John McGee. The application was on the agenda to be referred to the Town and County Planning Boards for review and recommendations. However, Attorney Folmer explained that the Town Planning Board tabled discussion on the matter at the last meeting because the applicant was not in attendance. He suggested the Board table the matter until a presentation has been made to the Town Planning Board. RESOLUTION #17 TABLE ACTION TO REFER AQUIFER PROTECTION PERMIT APPLICATION SUBMITTED BY STEVE TERWILLIGER TO THE TOWN AND COUNTY PLANNING BOARDS Motion by Councilman Rocco Seconded by Councilman Leach VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby table action to refer the Aquifer Protection Permit Application submitted by Steve Terwilliger for property located on Route 13, owned by John McGee, tax map #105.00-01-44.000, to the Town and County Planning Boards for review and recommendations, pending an appearance before the Town Planning Board by the applicant. Councilman Leach made a motion, seconded by Councilman Testa, to receive and file the "Notice of Receipt of Resubmission" from the New York State Department of Environmental Conservation, received December 22, 2010, regarding the Polkville Waterline Extension Project. 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 Department of Environmental Conservation to Rich DeGuida, Clough Harbour & Associates, dated December 22, 2010, advising him that the Town's application for a DEC permit is complete and a technical review has commenced with regard to the Polkville Waterline Extension Project. All voting aye, the motion was carried. Councilman Leach made a motion, seconded by Councilman Rocco, to receive and file correspondence from Rich DeGuida, Clough Harbour & Associates, to Titus Falkenburg, PE, USDA Rural Development, dated December 27, 2010, regarding the Polkville Waterline Extension Project and the response to the USDA's letter dated September 13, 2010 containing review comments on the contract plans and specifications. All voting aye, the motion was carried. Zz� JANUARY 05, 2011 TOWN BOARD MEETING PAGE 8 Councilman Proud made a motion, seconded by Councilman Leach, to receive and file correspondence from Attorney James Baranello, dated December 27, 2010, notifying the Town that his client, Dr. J. Lee Ambrose, decided to withdraw his application for a Zone Change Request for his property located in the Town of Cortlandville. All voting aye, the motion was carried. Councilman Rocco made a motion, seconded by Councilman Leach, to receive and file correspondence from Joseph Rabito, President, New York State Homes & Community Renewal, dated December 31, 2010, notifying the Town that PALL Corp. is eligible for consideration under the NYS Community Development Block Grant Program if the Town submits an application for the project. All voting aye, the motion was carried. Town Clerk Snyder reminded the Board the first of two public hearings for the CDBG application was scheduled for January 19, 2010 at 5:00 p.m. Councilman Proud made a motion, seconded by Councilman Leach, to receive and file correspondence from Bernie Thoma, Thoma Development Consultants to Jodi Tate, PALL Corp — PASS Vice President of Operations, dated January 4, 2011, regarding the Town's invitation to submit a final application to provide assistance to PALL Corp. in its expansion project. All voting aye, the motion was carried. RESOLUTION #18 AUTHORIZE TRANSFER OF MONIES TO BALANCE ACCOUNTS FOR THE 2010 BUDGET Motion by Councilman Rocco Seconded by Councilman Proud VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Budget Officer is hereby authorized and directed to transfer monies to adjust the accounts of the 2010 Budget for the Town of Cortlandville as follows: 1) GENERAL FUND A - TOWN WIDE: Transfer $7,604.64 FROM TO AMOUNT A1990.4 Al110.4 $ 1,028.38 A1990.4 A1110.41 $ 329.50 A1990.4 A1110.42 $ 3,228.56 A1990.4 A1330.4 $ 512.20 A1430.4 A1430.1 $ 0.50 A1990.4 A1989.4 2,505.50 TOTAL: $ 7,604.64 2) GENERAL FUND B - PART TOWN: Transfer $0.21 FROM TO AMOUNT B 1990.4 B9040.8 0.21 TOTAL: $ 0.21 3) DB - HIGHWAY FUND PART TOWN: Transfer $17,334.30 FROM TO AMOUNT D135130.2 DB5130.4 $ 17,334.30 TOTAL: $ 17,334.30 4) SW — WATER FUND: Transfer $61.77 FROM TO AMOUNT SW8320.4 SW8320.21 $ 42.01 SW1990.4 SW9055.8 $ 19.76 TOTAL: $ 61.77 z z.s JANUARY 05, 2011 TOWN BOARD MEETING PAGE 9 There was discussion regarding the appointment of an Alternate Planning Board Member to the Town Planning Board. The Town Planning Board, by a 3 to 2 vote, recommended the Town Board consider appointing a sixth, alternate member of the Planning Board. The Board was not prepared to discuss the matter at this time. RESOLUTION #19 TABLE ACTION REGARDING APPOINTMENT OF AN ALTERNATE TOWN PLANNING BOARD MEMBER Motion by Councilman Rocco Seconded by Councilman Proud VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby table action regarding the appointment of an Alternate Town Planning Board Member until the Town Board Meeting of January 19, 2010. Councilman Rocco reported that the NYS DEC would be attending the County Highway Committee meeting January 11, 2011 at 10:30 a.m. Discussion at the meeting may be related to the County Landfill. Councilman Proud commented on the recent problems in the City of Cortland regarding its audit process. He stated that he appreciated how much the Town audits its records, and stated the Board would continue to keep its budgets clean and would continue to listen to the professional auditors. Supervisor Tupper stated that the Town is very cautious, and mentioned the submission of monthly reports, and private audits in addition to audits made by the Town Board. 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 5:35 p.m. Respectfully submitted, 4 11 �' 6; �A' -1; 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 February 8, 2011. The draft version of this meeting was approved as written at the Town Board meeting of February 16, 2011.