HomeMy WebLinkAbout07-06-2011e:Ew
JULY 06, 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; Town
Historian, Jeff Guido; News Reporters: Jeremy Houghtaling from the Cortland Standard, and
Sharon Stevans for Channel 2, Access TV.
Supervisor Tupper called the meeting to order.
Councilman Proud made a motion, seconded by Councilman Leach, to approve the final
Town Board Minutes of June 15, 2011. 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 April 26, 2011 and May 31, 2011, and the Cortlandville
Zoning Board of Appeals Minutes of April 26, 2011 and May 31, 2011. All voting aye, the motion
was carried.
RESOLUTION #129 AUTHORIZE SUPERVISOR TO SIGN PURCHASE ORDER
#1145
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 # 1145 submitted by Highway Sup't. Carl Bush, for the purchase of a Harder
E144 Dump Box Sander from STS Truck Equipment in the amount of $6,575.00.
RESOLUTION #130 AUTHORIZE SUPERVISOR TO SIGN PURCHASE ORDER
40122
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 40122 submitted by Water & Sewer Sup't. Peter Alteri, for the purchase of two
fire hydrants from North Country Contractors in the amount of $3,724.64.
RESOLUTION #131 AUTHORIZE PAYMENT OF VOUCHERS - JULY
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 #351
- 379
$113,302.04
General Fund B
B88
- B100
$
7,902.25
Highway Fund DB
D234
- D272
$
32,943.68
Trust & Agency
T31
- T33
$
27,803.01
Water Fund
W135 -
W145
$
7,274.64
Sewer Fund
S68
- S74
$
18,192.77
Capital Project
H41 -
H41
$
16,290.00
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JULY 06, 2011
TOWN BOARD MEETING
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Supervisor Tupper offered privilege of the floor to Town Historian, Jeff Guido.
Town Historian, Jeff Guido updated the Board on his recent activities which included
documentation of the demolition of the old Wal-Mart and the construction of the new Lowe's
Home Improvement Store. In April 2011, Mr. Guido attended several workshops at the
Association of Public Historians of New York State conference in Elmira, which he found to be
very educational.
Mr. Guido informed the Board an inquiry was made by Reverend Robert Calvert to place
a new, readable marker in the South Cortland Cemetery where his ancestor is buried. Mr. Guido
contacted the NYS Department of Cemeteries several times and has not heard back from them.
However, since the cemetery is considered abandoned and is under the control of the Town, it
was Mr. Guido's interpretation of the law that the only permission needed was from the Town
Board.
Councilman Rocco stated he did not have a problem as long as Attorney Folmer agreed.
Attorney Folmer suggested Mr. Guido contact Andy Palm, the Superintendent of the
Cortland Rural Cemetery, who could give him a contact name and number for the Board of
Cemeteries. Attorney Folmer stated that Mr. Guido was correct about abandonment of the
cemetery and it now being in control of the Town Board. If a new marker were to be placed the
Board should know what the new marker would look like before granting approval.
Councilman Rocco questioned whether it was necessary for Mr. Guido to wait for a
response from the Board of Cemeteries since the Town owned the cemetery.
Attorney Folmer suggested Mr. Guido speak with Mr. Palm who could give him
information as to what would be required. In the meantime, he suggested Mr. Guido ask
Reverend Calvert for a drawing of what the marker would look like.
On another note, Supervisor Tupper apprised Mr. Guido that the Town's website was
being updated and would include a slide show of photographs. He requested Mr. Guido's help
with providing digital photographs of historical landmarks in the Town that could be used for the
website. Mr. Guido agreed to help.
With regard to updating the Town's website, Councilman Proud suggested the new IPerl
water and sewer meter system be included. The Town of Cortlandville is one of the few
municipalities within New York State to implement the advanced meter system. Councilman
Proud also requested a "counter" be added to the website. Supervisor Tupper indicated that the
website designer, Todd Davenport, would be contacting department heads to discuss details of
the new website. He would also ask that a counter to be added to the site.
Councilman Rocco stated he would be willing to work with Mr. Guido to accomplish the
restoration of the Town's cast-iron historical landmark signs. While the Pomeroy Foundation
was donating new historical signs to municipalities in need, Councilman Rocco felt the Town
should refurbish the existing cast-iron signs, which are historic themselves. Councilman Rocco
would help by fundraising to accomplish the restoration of the signs.
The monthly reports of the Code Enforcement Officer, Town Clerk, and Supervisor for
the month of June 2011 were on the table for review and are filed in the Town Clerk's office.
RESOLUTION #132 ACCEPT 2011 TAX COLLECTOR'S SUMMARY
Motion by Councilman Rocco
Seconded by Councilman Leach
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the 2011 Tax Collector's Summary is hereby accepted and shall be received
and filed.
Councilman Proud made a motion, seconded by Councilman Testa, to receive and file
correspondence from Time Warner Cable, dated July 1, 2011, regarding programming services.
All voting aye, the motion was carried.
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JULY 06, 2011 TOWN BOARD MEETING PAGE 3
Town Clerk Snyder informed the Board that Deputy Town Clerk, Kristin Rocco-Petrella
returned to work part-time from maternity leave. She thanked the Board for allowing her to hire
Margaret Honour, Town Clerk of Solon, to work part-time in the office to help fill the void while
her deputy was out. Mrs. Honour would continue working part-time in the Town Clerk's office
until Deputy Rocco-Petrella returned to work full-time.
Attorney Folmer reported:
Road Preservation:
Attorney Folmer presented the Board with a copy of a draft agreement prepared by the
County Attorney regarding road preservation. Highway Sup't. Bush was already provided with a
copy of the agreement. He requested the Board review the agreement. The agreement was
extensive and has to do with the classification of roads, use, repair, reconstruction, and some
requirements for security for those functions.
Councilman Proud questioned whether modifications were made to the agreement since it
was provided to Attorney Folmer. The draft copy provided to Attorney Folmer was dated June
20, 2011, however Sup't. Bush's copy was not dated.
Councilman Rocco mentioned that he attended the County Legislative meeting in which
the agreement was discussed. He was not aware of any changes being made to the agreement, as
the Legislature was going to leave it up to the municipalities.
RESOLUTION #133 SCHEDULE PUBLIC HEARING FOR AQUIFER
PROTECTION PERMIT APPLICATION SUBMITTED BY
MIDSTATE VETERINARY SERVICES FOR PROPERTY
LOCATED ON NYS ROUTE 13
Motion by Councilman Proud
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, a Public Hearing shall be scheduled for July 20, 2011 at 5:00 p.m. for an
Aquifer Protection Permit application submitted by Midstate Veterinary Services, for property
owned by Charles and Patricia Dillon, located at 806 NYS Route 13, tax map #105.08-01-
06.000.
Councilman Leach made a motion, seconded by Councilman Proud, to receive and file
recommendations from the Cortland County Planning Department, dated June 10, 2011, and
Resolution #11-21 from the Cortland County Planning Board, dated June 15, 2011, regarding the
Aquifer Protection Permit application submitted by Midstate Veterinary Services for property
located at 806 NYS Route 13, tax map #105.08-01-06.000. All voting aye, the motion was
carried.
Councilman Proud made a motion, seconded by Councilman Leach, to receive and file
correspondence from NYS Senator James Seward, dated June 15, 2011, supporting the Town's
2011 Community Development Block application for the Town Wide Housing Rehabilitation
Grant. All voting aye, the motion was carried.
Supervisor Tupper apprised the Board Highway Sup't. Bush requested authorization to
purchase a 1-ton truck from the State Bid list to replace the truck that was in an accident and
deemed a total loss. The cost of the new truck would be $48,970.85, less $16,184.92, which was
the amount the Town received in its insurance settlement. Highway Sup't. Bush recommended
the Town pay the balance of $32,785.93 with the money left over from the purchase of the trailer
and roller and the rest from the parks fund.
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JULY 06, 2011 TOWN BOARD MEETING PAGE 4
RESOLUTION #134 AUTHORIZE HIGHWAY SUP'T. TO PURCHASE A 1-TON
TRUCK FROM THE STATE BID LIST
Motion by Councilman Leach
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize and direct the Town Highway Sup't.
to purchase a 1-Ton Truck from the State Bid List in the amount of $32,785.93 plus the
insurance settlement for a totaled 1-Ton Truck in the amount of $16,184.92, for a total amount of
$48,970.85.
There was discussion regarding correspondence from New York State Homes &
Community Renewal regarding its review of the Town's CDBG program administration and
project files, and concerns that must be addressed in writing within 30 days. According to the
letter, "the Town must submit documentation that demonstrates that at least $2,451,000 in non-
CDBG funds (excluding those funds used for the real estate acquisition which were documented
at the time of the monitoring) were committed and expended on the project as described in the
2010 economic development application." Supervisor Tupper questioned whether Thoma
Development Consultants would be responding to the concerns. Town Clerk Snyder was not
sure but stated they should work with Mr. Thoma regarding the matter.
Councilman Proud made a motion, seconded by Councilman Leach, to receive and file
correspondence from NYS Homes & Community Renewal, dated June 16, 2011, regarding the
Comprehensive Monitoring Report of the NYS Community Development Block Grant Project
for Pyrotek. All voting aye, the motion was carried.
There was discussion regarding the Amendment to Owner -Engineer Agreement,
Amendment No. 2 — Extra Work Authorization, submitted by Clough Harbour & Associates LLP
(CHA) regarding the Polkville Waterline Extension Project. The amendment was for additional
services including the preparation of another easement map and description, along with the
survey and mapping preparation for two properties located at the end of Conable Avenue, owned
by "Chorley".
Attorney Folmer requested the Board table action on the matter until the July 20, 2011
Town Board Meeting. He apprised the Board that when CHA advised the Town as to what
easements were necessary, and provided the Town with maps and legal descriptions, the Chorley
property was discussed and an easement was obtained. Mr. Chorley was concerned with a well
that lay within the right-of-way. Now, according to observations from the Clerk of the Works,
the original engineering was incorrect and the Town did not need an easement over the Chorley
property; the ability to go from one road to another could be accomplished entirely within rights -
of -way. The question was raised as to whether the engineers were right at the beginning or right
now. A surveying company was brought in to make a determination as to where the right-of-
way really was located. Attorney Folmer was not sure the Town should pay for the additional
work, which was only necessary due to a mistake made by CHA in the beginning. Attorney
Folmer wanted the opportunity to speak with James Trasher of CHA before the Town paid the
bill.
Supervisor Tupper noted that the Board already approved the voucher to pay the Extra
Work Authorization, however he would hold the check. The Board agreed to table action on the
Extra Work Authorization until the July 20, 2011 Town Board Meeting.
RESOLUTION #135 TABLE AUTHORIZATION FOR SUPERVISOR TO SIGN
"EXTRA WORK AUTHORIZATION" FROM CLOUGH
HARBOUR & ASSOCIATES REGARDING THE POLKVILLE
WATER -LINE EXTENSION PROJECT
Motion by Councilman Leach
Seconded by Councilman Proud
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby table authorization for the Supervisor to sign
the "Extra Work Authorization" agreement from Clough Harbour & Associates, LLP regarding
the Polkville Waterline Extension Project to allow time for the Town Attorney to speak with
CHA regarding these services provided.
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JULY 06, 2011 TOWN BOARD MEETING PAGE 5
Councilman Leach made a motion, seconded by Councilman Proud, to receive and file
Form 10-1, Grant Closeout Transmittal Form dated June 27, 2011, and Form 3-1 Annual
Performance Final Report, for the Blodgett Mills CDBG. All voting aye, the motion was carried.
Supervisor Tupper explained that it took longer to close the Blodgett Mills CDBG
because one of the properties involved was not in compliance. According to the report the Town
completed work on all projects as of 12/31/07, however one unit was still vacant and not
reported. The unit has now been rented and was included in the final report.
Supervisor Tupper stated that every three years the Town does a RFP for the Town's
insurance. The Town's insurance agent, Charles Spaulding from the Bailey Agency, sent a RFP
to numerous companies, of which three responded with quotes. Mr. Spaulding suggested the
Town not accept the low bidder, which was an insurance company from Long Island that was
"trying to break into town business in upstate New York." Since the insurance company has no
presence in the area, the Town would have to file a claim by calling an 800 number. Mr.
Spaulding recommended the Town stay with Selective Insurance Company, which the Town
Clerk, Highway Sup't., and Town Bookkeeper were happy with.
Councilman Leach noted that according to the premium comparison the low bidder's
liability, automobile, and umbrella are all higher than Selective, while it discounted other areas
such as property where the Town may not have had any losses. He agreed the Town should stay
with Selective Insurance.
Supervisor Tupper noted that the Town has an 11-year track record with Selective
Insurance Company. He suggested the Board accept the renewal for a period of 1-year, with the
option for a 3-year renewal. At the end of one year Selective would provide new rates, at which
point the Town could change insurance companies.
RESOLUTION #136 ACCEPT SELECTIVE INSURANCE COMPANY AS THE
TOWN'S INSURANCE COMPANY
Motion by Councilman Leach
Seconded by Councilman Proud
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby accept Selective Insurance Company as the
Town's Insurance Company for a one (1) year renewal, from July 1, 2011 through June 30, 2012,
with an option for a three (3) year renewal.
RESOLUTION #137 ESTABLISH MILEAGE RATE FOR PERSONAL VEHICLES
USED FOR TOWN BUSINESS FOR THE YEAR 2011
Motion by Councilman Leach
Seconded by Councilman Proud
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the mileage rate to be paid by the Town, for personal vehicles used for
Town business, is hereby established at the Federal IRS mileage rate for the year 2011, at $.55
and is subject to audit by the Town Board, effective July 1, 2011.
Supervisor Tupper noted that Councilman Rocco forwarded this information to him as he
keeps track of changes to the IRS mileage rate. The Town adopts the IRS mileage rate as its
mileage rate annually.
RESOLUTION #138 REFER CODE VIOLATION OF RONALD J. RICCARDI FOR
PROPERTY LOCATED ON LANSING AVENUE TO THE
TOWN ATTORNEY FOR REVIEW AND AUTHORIZE HIM
TO PROCEED AS REQUIRED
Motion by Councilman Leach
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
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JULY 06, 2011 TOWN BOARD MEETING PAGE 6
BE IT RESOLVED, the code violation of Ronald J. Riccardi for property located on Lansing
Avenue in the Town of Cortlandville, New York, tax map #96.33-01-07.200, is hereby referred
to the Town Attorney for review, and it is further
RESOLVED, the Town Attorney is hereby directed to proceed with compliance, as required.
Supervisor Tupper apprised the Board there were three contracts/agreements to be signed
with regard to the heating/cooling system at the Raymond G. Thorpe Municipal Building. The
first contract was for PASCO, which is the company that has been servicing the Town's heating
and air conditioning system. There has been a consistent problem regarding ice build-up, which
happens each year when the system changes from heat to cool air. It results in leaks and the loss
of ceiling tiles. The heating and cooling system needs to be back flushed, cleaned and a new
filter needs to be placed in the basement to catch the material that clogs the system.
The second agreement was an annual maintenance contract between the Town and
Modular Mechanical Service, to provide a semi-annual test and inspection, maintenance and
technical support for HVAC equipment, which Water & Sewer Sup't. Alteri had strongly
requested.
The third agreement was with FHP Manufacturing Company to purchase a heating and
cooling unit for the Town vault. This would be a permanent system that would climate control
the Town's vault. Town Clerk Snyder apprised the Board that, within the past six to eight
months, there has been a severe musty odor in the vault that seemed to originate in the fall, when
the heating system came on. The odor lasted all winter long, until the cooling system came on.
The Town hired many different agencies to investigate the cause of this matter. Samplings of the
air were tested for bacteria and mold. A local representative from NYS Archives came to inspect
the vault and the records. The Clerk of the Works for the Town's expansion and renovation
project, which was completed in 2007, came to review the Town's blueprints. Yaman
Construction came and inspected the attic above the vault to make sure water wasn't
accumulating in the ceiling. Supervisor Tupper stated it was verified that there was no water
leaking any place in the vault. There was a recommendation to run a dehumidifier when the
heating system was on and a hydrometer was purchased to measure the humidity in the vault.
Supervisor Tupper stressed the fact that the vault contains 175 years of records that need to be
maintained properly.
RESOLUTION #139 AUTHORIZE SUPERVISOR TO SIGN SERVICE QUOTATION
FROM PASCO BUILDING AUTOMATION SYSTEM
REGARDING THE HVAC SYSTEM AT THE RAYMOND G.
THORPE MUNICIPAL BUILDING
Motion by Councilman Proud
Seconded by Councilman Rocco
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to sign the
Service Quotation from Pasco Building Automation System, to back flush all heat pumps and
work relating to such, for the total cost of $1,640.00.
RESOLUTION #140 AUTHORIZE SUPERVISOR TO SIGN TECHNICAL SUPPORT
AGREEMENT BETWEEN THE TOWN OF CORTLANDVILLE
AND MODULAR MECHANICAL SERVICE REGARDING
THE HVAC SYSTEM AT THE RAYMOND G. THORPE
MUNICIPAL BUILDING
Motion by Councilman Proud
Seconded by Councilman Rocco
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to sign the
Technical Support Agreement between the Town of Cortlandville and Modular Mechanical
Service, to provide semi-annual test and inspection, maintenance, and technical support for the
HVAC equipment at the Raymond G. Thorpe Municipal Building for a term of one (1) year,
commencing August 1, 2011 and expiring July 31, 2012, for the annual charge of $1896.00.
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JULY 06, 2011 TOWN BOARD MEETING PAGE 7
RESOLUTION #141 ACCEPT GUIDE SPECIFICATIONS FROM FHP
MANUFACTURING COMPANY TO PURCHASE A HEATING
AND COOLING UNIT FOR THE TOWN VAULT
Motion by Councilman Proud
Seconded by Councilman Rocco
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby accept the guide specifications from FHP
Manufacturing Company to purchase a heating and cooling unit for the Town Vault at the
Raymond G. Thorpe Municipal Building, for the approximate cost $2,971.00.
Councilman Leach made a motion, seconded by Councilman Proud to receive and file
correspondence from the NYS Department of Transportation, dated July 1, 2011, regarding NYS
Route 13 traffic concerns.
Supervisor Tupper apprised the Board that Patricia and Steven Jordan, owners of
Shipwreck Mini Golf, had requested from the State of New York that they close passing in both
directions from Bennie Road to Monarch Tool, that they install signs between Shipwreck Golf
past Smith Refrigeration reminding drivers that passing on the right is not allowed and that they
reduce the speed limit from Bennie Road through Essex Steel. Supervisor Tupper stated that the
State has acknowledged and is going to reduce the speed limit to 45 mph and place a double
yellow line in that section of Route 13 and will install two "do not drive on the shoulder" signs.
The Town Board was very impressed with the Jordan's tenacity and will send the Jordan's a
letter of thanks.
Councilman Proud mentioned that there was discussion at the last Planning Board
meeting regarding access to that stretch of Route 13 and he believes it to be an issue that the
Planning Board will be discussing again.
Supervisor Tupper stated that he received a letter of thanks from the Cortland School
Board for sponsoring camper ships for campers. He explained schoolteachers choose students
that can't afford to attend Lime Hollow Nature Camp for these camper ships. They have had a
record attendance this year and will be breaking eight hundred camper thresholds in the near
future. The program has been a great success.
Councilman Testa apprised the Board that at the last Planning Board meeting, Paula
Currie, representing Walden Place, inquired about a piece of property in that area that belongs to
the Town of Cortlandville. She inquired if Walden Place could rent or buy this piece of property
to put up a sign. Attorney Folmer stated that the Town is not permitted to give away public
property and that he would not advise the Town to enter into a lease arrangement with regard to
that property. Attorney Folmer will consult with Assessor David Briggs about establishing a
value for this small piece of property. He suggested if the value is not too significant, perhaps
Walden Place might be interested in acquiring ownership. Attorney Folmer would try to have a
value by the July 20, 2011 Town Board meeting. Supervisor Tupper suggested that he also
confer with Sup't. of Highway, Carl Bush.
Councilman Rocco requested that Highway Sup't. Carl Bush speak with our local DOT
in regards to holes in the road on Route 281 in front of Dr. Hawkin's office and the Hess Gas
Station. The holes are about eight inches deep and when filled with water from rain, they are not
visible. Councilman Rocco has spoken with the manager of the Hess Gas Station and they have
contacted the DOT in regards to this matter and has received no action. They have filled these
holes with stones herself because they are so severe. Councilman Rocco also made mention of
the possible damage to cars by driving over the holes.
Councilman Rocco also requested that the Board donate buntings to the McGraw Library
for its windows. Councilman Rocco purchased five or six buntings for flags on a float for the
Cortland County Bicentennial. The Town has no future use for these buntings and Councilman
Rocco feels that the McGraw Library, being such a beautiful building, would benefit from their
use. The Town Board was in agreement and Councilman Rocco's request was granted.
DULY 06, 2011 TOWN BOARD MEETING PAGE 8
305
No further comments or discussion were heard.
Councilman Leach made a motion, seconded by Councilman Rocco, to adjourn the
Regular Meeting. All voting aye, the motion was carried.
The meeting was adjourned at 5:55 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 July 14, 2011
The draft version of this meeting was approved as written at the Town Board meeting of July 20, 2011.
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