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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 z 99 JULY 06, 2011 TOWN BOARD MEETING W, ewj 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. 3 o cv 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. 301 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. 3oL 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 303 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. 3 o � 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. 1