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Home My WebLink About02-02-2011z 3' FEBRUARY 02, 2011 12:00 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. Supervisor Tupper called the meeting at noon due to inclement weather was soon approaching, in the later part of the day. The Supervisor contacted the Cortland Standard and Access TV of the change in time of the Town Board meeting. Councilman Leach made a motion, seconded by Councilman Testa, to approve the Draft Town Board Minutes of December 15, 2010. All voting aye, the motion was carried. Councilman Leach made a motion, seconded by Councilman Testa, to approve the Draft Special Town Board Minutes of December 30, 2010. All voting aye, the motion was carried. Councilman Leach made a motion, seconded by Councilman Testa, to receive and file the Cortlandville Zoning Board of Appeals Minutes of November 30, 2010. All voting aye, the motion was carried. Councilman Leach made a motion, seconded by Councilman Testa, to receive and file the Cortlandville Planning Board Minutes of November 30, 2010. All voting aye, the motion was carried. RESOLUTION #36 AUTHORIZE SUPERVISOR TO SIGN PURCHASE ORDER #1135 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 #1135 submitted by Highway Sup't. Carl Bush, for the purchase of salt from Cargill Salt for the year 2011. RESOLUTION #37 AUTHORIZE PAYMENT OF VOUCHERS - FEBRUARY 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 Vouchers #60 - 82 $ 41,531.60 General Fund B B7 - B13 $ 82,646.26 Highway Fund DB D37 - D52 $ 44,642.87 Trust & Agency T4 - T6 $ 27,609.60 Water Fund W20 - W29 $ 4,087.65 Sewer Fund S5 - S6 $ 1,856.04 Capital Project 115 - H8 $ 1,347.14 made. Supervisor Tupper offered privilege of the floor to those in attendance. No requests were 7-35 FEBRUARY 02, 2011 TOWN BOARD MEETING PAGE 2 The monthly reports of the Code Enforcement Officer, Supervisor, Town Clerk, Tax Collector, and Water & Sewer Department for the month of January 2011 were on the table for review and are filed in the Town Clerk's office. RESOLUTION #38 ACCEPT ANNUAL REPORT OF THE TOWN JUSTICE Motion by Councilman Proud Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Annual Report of the Town Justice for the year 2010 is hereby accepted, and shall be received and filed. Under Communications, Supervisor Tupper apprised the Board they received an invitation to attend an open house for Richard Hanna on February 3, 2011, from 4:30-5:30 p.m., at his new office located at 18 Tompkins Street. Under old business, Councilman Proud reported that he audited the Town Justice records and found everything to be in order. Councilman Leach also reported that he audited the Water & Sewer Department records and found everything to be in order. He anticipated meeting with the Town Bookkeeper to review the Highway Department records in the next week. Town Clerk Snyder reported that her office collected $7,297,309.08 in taxes for the month of January. The dollar figure equated to approximately 75% of the total warrant, which was about $11 million. Not included in the amount collected were a couple of large escrows that had not yet been processed. Town Clerk Snyder apprised the Board she received notification from Willowbrook Golf Club, Inc. regarding the renewal of its liquor license for the golf club located at 3267 NYS Route 215. Councilman Rocco made a motion, seconded by Councilman Proud, to receive and file the Renewal Application Notice Form from Tammy Timmerman, dated January 20, 2011, regarding the renewal of the liquor license for Willowbrook Golf Club, Inc., located at 3267 NYS Route 215 in the Town of Cortlandville. All voting aye, the motion was carried. Attorney Folmer reported: Wind Turbine Sub -Committee Meeting: Attorney Folmer reported that the first sub -committee meeting regarding wind turbines would be held on February 9, 2011 at Clough Harbour & Associates in Syracuse. Attorney Folmer, Councilman Rocco, and Councilman Proud would attend the meeting with James Trasher of CHA. Polkville Waterline Extension Project — Easements: Attorney Folmer reported that the legal descriptions for the easements required for the Polkville Waterline Extension Project were being completed at this time. He would work on obtaining the necessary signatures for the easements in the next few weeks. Councilman Proud made a motion, seconded by Councilman Rocco, to receive and file the Final Draft for the Town of Groton Land Use & Development Code, dated January 18, 2011, pursuant to General Municipal Law §239 (1 & m). All voting aye, the motion was carried. Z3/ FEBRUARY 02, 2011 TOWN BOARD MEETING PAGE 3 RESOLUTION #39 AUTHORIZE SUPERVISOR TO SIGN THE 2011 MUNICIPAL CONSULTING AGREEMENT WITH CLOUGH, HARBOUR & ASSOCIATES LLP Motion by Councilman Testa Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to sign the 2011 Municipal Consulting Agreement between the Town of Cortlandville and Clough, Harbour & Associates LLP. RESOLUTION #40 AUTHORIZE SUPERVISOR TO SIGN THE 2011 INTERMUNICIPAL AGREEMENT BETWEEN THE TOWN OF CORTLANDVILLE AND THE TOWN OF FREETOWN 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 the 2011 Intermunicipal Agreement between the Town of Cortlandville and the Town of Freetown, for Code Enforcement Officer services, in the amount of $5,500.00 payable to the Town of Cortlandville. RESOLUTION #41 AUTHORIZE SUPERVISOR TO SIGN THE AFFIDAVIT REGARDING THE BLODGETT MILLS COMMUNITY DEVELOPMENT HOUSING REHABILITATION PROGRAM, BETWEEN THE TOWN AND JERRY & SALLY STEVENS Motion by Councilman Rocco Seconded by Councilman Leach VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby authorize the Supervisor to sign the Affidavit regarding the Blodgett Mills Community Development Housing Rehabilitation Program, between the Town of Cortlandville and Jerry and Sally Stevens, 3342 Route 11, Cortland, New York, regarding the extension of loan funds by the Town's Community Development Block Program in the amount of $15,000.00. There was discussion regarding filing a grant application to the New York State Department of Environmental Conservation, for the Testa Park Tree Planting Program. Supervisor Tupper apprised the Board that Thoma Development Consultants felt the Town had a good chance of receiving the grant to purchase/plant trees at the Testa Park. The grant was a 50150 matching grant. In order for this to be a "no cash match" for the Town, Highway Sup't. Bush agreed to plant to the trees (approximately 50 trees). Supervisor Tupper explained that the planting of trees was included in the original design of the park, however in order to keep the cost of the project down, the plantings had not yet been done. RESOLUTION #42 AUTHORIZE TOWN SUPERVISOR TO FILE AN APPLICATION TO THE NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Motion by Councilman Proud Seconded by Councilman Leach VOTES: ALL AYE ADOPTED BE IT RESOLVED, that the Town Supervisor of the Town of Cortlandville, or such person's successor, is herby authorized and directed to file an application for an amount not to exceed $15,000 (50% matching funds), and upon approval of said request, to enter into and execute a project agreement with the New York State Department of Environmental Conservation for such financial assistance to the Town of Cortlandville for the Testa Park Tree Planting Program. 237 FEBRUARY 02, 2011 TOWN BOARD MEETING PAGE 4 Councilman Leach made a motion, seconded by Councilman Proud, to receive and file correspondence from Time Warner Cable, dated February 1, 2011, regarding programming services. All voting aye, the motion was carried. There was discussion regarding authorizing the Water & Sewer Sup't. to sell surplus used Sensus water meters using Auctions International, and to accept the bids as they are auctioned. At the January 19, 2011 meeting, the Board authorized Water & Sewer Sup't. Alteri to sell 25 surplus water meters using Auctions International, an online silent auction site. The auction of the meters ended January 27, 2011 with a final bid of $255.00, which was higher than expected. Water & Sewer Sup't. Alteri requested the Board authorize him to accept the bid of $255.00 for the 25 used Sensus water meters, and to further authorize him to utilize Auctions International to auction the rest of the used water meters. He would report to the Board each time he goes to auction, along with the results. RESOLUTION #43 AUTHORIZE WATER & SEWER SUP'T. TO ACCEPT BID FOR SURPLUS USED SENSUS WATER METERS FROM AUCTIONS INTERNATIONAL Motion by Councilman Leach Seconded by Councilman Proud VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby authorize and direct the Water & Sewer Sup't. to accept the bid for the sale of twenty-five (25) surplus used 5/8" X 3/4" Sensus water meters, in the amount of $255.00 from Auctions International, an online silent auction site, and it is further RESOLVED, the Water & Sewer Sup't. is further authorized to utilize Auctions International to auction the rest of the used Sensus water meters as they are removed in a quantity and frequency as determined by himself and the Auctioneer. There was discussion regarding the expenditure of $54,000 from the Highway Capital Reserve Fund to purchase a new small vibratory roller and a new 20 ton Equipment Trailer. Supervisor Tupper recalled the Board moved $54,000 from the Highway budget into reserves in December 2010. Neither pieces of equipment could be purchased from the State Bid, therefore Highway Sup't. Bush would go to bid. Attorney Folmer explained that the expenditure would be subject to a 30-day permissive referendum from the date of publication in the newspaper. RESOLUTION #44 AUTHORIZE EXPENDITURE OF $54,000 FROM THE HIGHWAY CAPITAL RESERVE FUND TO PURCHASE A NEW SMALL VIBRATORY ROLLER AND A NEW 20 TON EQUIPMENT TRAILER Motion by Councilman Leach Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby authorize the expenditure of $54,000 from the Highway Capital Reserve Fund to pay for the purchase of a new small vibratory roller and a new 20 ton Equipment Trailer, and it is further RESOLVED, this resolution is adopted subject to Permissive Referendum as required by law. Z38 FEBRUARY 02, 2011 TOWN BOARD MEETING PAGE 5 RESOLUTION #45 AUTHORIZE SUPERVISOR TO LET OUT TO BID FOR THE POLKVILLE WATERLINE EXTENSION PROJECT 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 let out to bid for the Polkville Waterline Extension Project, and it is further RESOLVED, the bids shall be opened at 2:00 p.m. on March 1, 2011 at the office of the Town Clerk. Councilman Proud made a motion, seconded by Councilman Leach, to receive and file correspondence from the New York State Department of Environmental Conservation to Rich DeGuida, Clough Harbour & Associates, dated February 1, 2011, and the Water Supply Permit issued to the Town for the Polkville Waterline Extension Project. All voting aye, the motion was carried. There was discussion regarding correspondence from the NYS Division of Homeland Security. Supervisor Tupper explained that under the requirements of the Single Audit Act of 1984, any sub -recipient that expends a total of $500,000 or more in federal awards during its fiscal year must obtain either a single audit or a program specific audit for that fiscal year. According to the auditors and Town Clerk Snyder, the Town received under $500,000 in grant money for the past year. Councilman Rocco made a motion, seconded by Councilman Leach, to receive and file correspondence from the New York State Division of Homeland Security and Emergency Services, Office of Emergency Management, dated January 14, 2011, regarding the requirements of the Single Audit Act of 1984. All voting aye, the motion was carried. There was discussion regarding correspondence from Dr. J. Lee Ambrose to remove the water and sewer benefit tax on two parcels located on Commons Avenue, tax map #86.09-04- 01.200 and #86.09-04-10.100. Dr. Ambrose requested consideration in eliminating the water and sewer benefit tax on the two parcels stating there was no value of water and sewer to the unbuildable parcels. Supervisor Tupper explained that both parcels were reduced to .50 units for both the water and sewer benefit tax, however Dr. Ambrose was requesting that the benefit tax be completely removed. According to Dr. Ambrose parcel #86.09-04-10.100 is a lot that is 7.5 feet in width, and therefore unbuildable. Parcel #86.09-04-01.200 contains the retention basin for the Commons Ave. Project, and is therefore unbuildable. There was a question regarding whether the tax map numbers indicated by Dr. Ambrose were correct. The Board referred the matter to Assessor Briggs for his review. RESOLUTION #46 REFER REQUEST OF DR. J. LEE AMBROSE FOR THE REMOVAL OF THE WATER AND SEWER BENEFIT TAX FOR TWO PARCELS LOCATED ON COMMONS AVENUE TO THE TOWN ASSESSOR Motion by Councilman Leach Seconded by Councilman Proud VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby refer the request of Dr. J. Lee Ambrose for the removal of the water and sewer benefit tax for two parcels located on Commons Avenue, tax map #86.09-04-01.200 and #86.09-04-10.100, to the Town Assessor for review and recommendations, and it is further RESOLVED, the correspondence from Dr. J. Lee Ambrose, dated January 27, 2011, is hereby received and filed. FEBRUARY 02, 2011 TOWN BOARD MEETING PAGE 6 Z 39 There was discussion regarding the proposed 24-month contract agreement with Hudson Energy Services, LLC to supply electric to the Town. Supervisor Tupper explained that National Grid would still be the provider; however Hudson would be supplying the electricity. The new contract with Hudson was also $0.03 less than the Town's last contract, at $0.0599/kWh. Supervisor Tupper indicated that Troy & Banks recommended the new supplier. RESOLUTION #47 AUTHORIZE SUPERVISOR TO SIGN AGREEMENT WITH HUDSON ENERGY SERVICES, LLC TO SUPPLY ELECTRICITY TO THE TOWN OF CORTLANDVILLE 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 24-month agreement with Hudson Energy Services, LLC to supply electricity to the Town of Cortlandville. No further comments or discussion were heard. Councilman Testa made a motion, seconded by Councilman Leach, to adjourn the Regular Meeting. All voting aye, the motion was carried. The meeting was adjourned at 12:30 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 February 11, 2011. The draft version of this meeting was approved as written at the Town Board meeting of February 16, 2011. 1