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HomeMy WebLinkAbout08-24-20113 7-3 AUGUST 24, 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 Residents: Barbara Leach, and Steve Flatt. Supervisor Tupper called the meeting to order. Councilman Proud made a motion, seconded by Councilman Leach, to approve the Daft Town Board Minutes of August 3, 2011. All voting aye, the motion was carried. Councilman Rocco made a motion, seconded by Councilman Leach, to receive and file the Cortlandville Planning Board Minutes of June 28, 2011, and July 26, 2011. All voting aye, the motion was carried. Councilman Rocco made a motion, seconded by Councilman Leach, to receive and file the Cortlandville Zoning Board of Appeals Minutes of June 28, 2011, and July 26, 2011. All voting aye, the motion was carried. RESOLUTION #160 AUTHORIZE SUPERVISOR TO SIGN PURCHASE ORDER #1146 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 #1146 submitted by Highway Sup't. Carl Bush for the purchase of Carbide Plow Blades from Crossroads Highway Supply, for the total cost of $9,313.00. RESOLUTION #161 AUTHORIZE SUPERVISOR TO SIGN PURCHASE ORDER #1147 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 #1147 submitted by Highway Sup't. Carl Bush for the purchase of a tailgate for a dump truck with 3 coal chute doors from Viking Cives, for the total cost of $2,581.43. RESOLUTION #162 AUTHORIZE SUPERVISOR TO SIGN PURCHASE ORDER #1148 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 #1148 submitted by Highway Sup't. Carl Bush for the purchase of 4" pipe and hydrant from HD Supply Waterworks, to run public water to the Cortlandville Highway Garage, for the total cost of $6,366.64. 3z� AUGUST 24, 2011 TOWN BOARD MEETING PAGE 2 RESOLUTION #163 AUTHORIZE PAYMENT OF VOUCHERS - AUGUST Motion by Councilman Proud Seconded by Councilman LecLJA VOTES: ALL AYE ADOPTED BE IT RESOLVED, the vouchers submitted have been audited and shall be paid as follows: General Fund A Vouchers #428 - 466 $103,899.68 General Fund B B 113 - B 126 $ 21,068.57 Highway Fund DB D317 - D346 $160,688.72 Trust & Agency T37 - T39 $ 27,947.99 Special Grants C26 - C27 $ 2,986.65 Water Fund W167 - W180 $ 10,639.84 Sewer Fund S87 - S98 $ 93,404.09 Capital Project H45 - H45 $ 28,830.00 The monthly report of the Town Clerk, Town Justice and Supervisor for the month of July 2011 were on the table for review and are filed in the Town Clerk's office. Under communications, Councilman Rocco mentioned that he sent information to the Board regarding a bill the State Legislature passed without much discussion, that Governor Cuomo signed a few weeks ago. The bill removed power at the local level for the siting of any power plants or transmission lines that are over 25 watts. Currently there are no transmission lines from upstate New York to New York City. However, Governor Cuomo created a committee to decide on the location for such power plants, whether they are natural gas, coal, nuclear, or wind. According to Councilman Rocco the committee is made up of citizens who are mostly legislators from New York City. Councilman Rocco was concerned with the important change made by the Governor, which takes power away from municipalities. He noted that the "Indian Power Plant" would most likely be relocated to a new location. Councilman Proud made a motion, seconded by Councilman Leach, to receive and file correspondence from Time Warner Cable, dated August 1, 2011, regarding programming services. All voting aye, the motion was carried. Under new business, Town Clerk Snyder apprised the Board she received notice from Night Owls regarding the renewal application for its alcoholic beverage license. Councilman Rocco questioned whether the Board could really do anything other than to receive and file the notice. Town Clerk Snyder stated that if the Board received complaints from patrons, the Board could notify the Liquor Authority. Councilman Rocco made a motion, seconded by Councilman Proud, to receive and file the Renewal Application Notice dated August 8, 2011 from William Baker, regarding the renewal of the liquor license for Night Owls, located at 3840 Route 11 in the Town of Cortlandville. All voting aye, the motion was carried. Also under new business, Town Clerk Snyder informed the Board she received a copy of the SEQR Negative Declaration for the Village of McGraw proposed water improvement proj ect. Councilman Proud made a motion, seconded by Councilman Leach, to receive and file the SEQR Negative Declaration, Notice of Determination of Non -Significance, dated May 17, 2011, from the Village of McGraw regarding the proposed McGraw Water System Improvements Project. All voting aye, the motion was carried. 1 1 3zS AUGUST 24, 2011 TOWN BOARD MEETING PAGE 3 Attorney Folmer reported: Certiorari Proceeding — Gator Cortlandville Partners: Attorney Folmer updated the Board regarding the certiorari proceeding involving Gator Cortlandville Partners. Originally, appraisals were to be exchanged between the Town and Gator Cortlandville Partners by September 8, 2011, which the Town was in the process of doing. However, Attorney Folmer received a fax request from the petitioner for a 30-day extension of the period of time to submit the appraisals, which Attorney Folmer did not object to. The Town was also in need of the leases from Gator Cortlandville Partners. Apparently, the petitioner's attorney had not received the leases either, so they requested the 30-day extension to file the appraisals. The trial date was set for Thursday, November 3, 2011 at 9:00 a.m., which Attorney Folmer would be prepared for. RESOLUTION #164 APPROVE AND ENDORSE THE APPLICATION OF LIME HOLLOW NATURE CENTER FOR ENVIRONMENT AND CULTURE FOR A GRANT UNDER THE ENVIRONMENTAL PROTECTION FUND Motion by Councilman Leach Seconded by Councilman Testa VOTES: ALL AYE ADOPTED WHEREAS, the Lime Hollow Nature Center for Environment and Culture is applying to the New York State Office of Parks, Recreation and Historic Preservation (OPRHP) for a grant under the Environmental Protection Fund for a park project to be located on Gracie Road, a site located within the territorial jurisdiction of the Town of Cortlandville, and WHEREAS, as a requirement under the rules of these programs, said not -for -profit corporation must obtain the "approval/endorsement of the governing body of the municipality in which the project will be located", now therefore BE IT RESOLVED, that the Town Board of the Town of Cortlandville does hereby approve and endorse the application of Lime Hollow Nature Center for Environment and Culture for a grant under the Environmental Protection Fund for a park project known as Land Acquisition and located within this community. There was a brief discussion regarding the agreement between the Town and Ciaschi, Dietershagen, Little, Mickelson & Company, LLP to conduct an audit of the 2011 Town accounting records. Supervisor Tupper explained that the Town Bookkeeper requested an agreement from the auditors at this time for budgetary purposes. He explained that the cost would be more than the 2010 audit because a Single Audit would be done on the Town's federal funds due to all of the grant money the town has received. The Single Audit would cost $4,250.00, and the gross fee for the normal Audit would not exceed $10,750.00. Therefore the total cost would not exceed $15,000.00. RESOLUTION #165 AUTHORIZE SUPERVISOR TO SIGN AGREEMENT WITH CIASCHI, DIETERSHAGEN, LITTLE, MICKELSON & COMPANY, LLP TO CONDUCT AN AUDIT OF THE 2011 TOWN ACCOUNTING RECORDS 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 agreement with Ciaschi, Dietershagen, Little, Mickelson & Company, LLP to conduct an audit of the 2011 Town accounting records, including a Single Audit, for a total amount not to exceed $15,000.00. 3 z6 AUGUST 24, 2011 TOWN BOARD MEETING PAGE 4 RESOLUTION #166 AUTHORIZE HIGHWAY SUP'T. TO SEND SURPLUS EQUIPMENT TO ROY TEITSWORTH MUNICIPAL AUCTION IN LANSING, NEW YORK ON SEPTEMBER 10 2011 Motion by Councilman Leach Seconded by Councilman Proud VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby authorize and direct the Highway Sup't. to send the following surplus equipment to the Roy Teitsworth Municipal Auction in Lansing, New York on September 10, 2011: 1 - 1998 International 10 Dump Truck m/n F-2674, s/n IHTGLAETI WH521191 GVW 60,000 lb., 97,996 miles, 7887 Hours Cummins N-14 Select Plus Engine/330 HP, Fuller RTO 15 speed transmission 1 - 1988 Interstate Equipment Trailer, m/n 24 DTA, s/n 1JKDTA20XJA20009 GVW 24,000 lb., Air Brakes Miscellaneous building materials, file cabinets, and doors from Town Hall Renovation Project (all old, used material) Supervisor Tupper apprised the Board that he contacted Congressman Hanna, Senator Gildabrand, and Senator Schumer to see if there was any way for the Town to keep the additional funding that the Town received but did not spend on the Polkville Waterline Extension Project. Congressman Hanna was the first person to receive a formal response. According to the correspondence from the USDA the Town could not keep the funds because the requested water main extension along Route 41 to McGraw was not in the original Preliminary Engineering Report or the Environmental Report. Supervisor Tupper informed the Board that Senator Schumer was trying to see if he could get Washington to override New York State. Councilman Rocco suggested that perhaps the Town would qualify to use the remaining funds to cover the cost of the Single Audit, in the amount of $4,250.00. Supervisor Tupper indicated that there are administrative expenses allowed, and that he would look into the matter. Councilman Proud made a motion, seconded by Councilman Leach, to receive and file correspondence from Congressman Richard Hanna, dated August 8, 2011, regarding USDA funds that remain with the Town of Cortlandville from the Polkville Waterline Extension Project, as well as correspondence from Jill Harvey, USDA Rural Development, dated August 3, 2011, to Congressman Hanna regarding the unused funds from the Polkville Waterline Extension Project. All voting aye, the motion was carried. Councilman Proud made a motion, seconded by Councilman Leach, to receive and file correspondence from Cortland County Soil & Water Conservation District, received August 11, 2011, regarding participation in the 151h Annual River Clean-up scheduled for Saturday, September 24, 201 t . All voting aye, the motion was carried. There was discussion regarding the request made by the Cortlandville Fire District for relief of the permit fee for an 8'x 8'x 20' storage container to be placed on the Cortlandville Fire District property located at 999 NYS Route 13. The Fire District's permit application would be going before the Town Planning Board on August 30, 2011. The Board did not object to waiving the permit fee associated with the storage container. RESOLUTION #167 AUTHORIZE WAIVING THE BUILDING PERMIT FEE FOR THE CORTLANDVILLE FIRE DISTRICT FOR A STORAGE CONTAINER Motion by Councilman Testa Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED 32.7 AUGUST 24, 2011 TOWN BOARD MEETING PAGE 5 WHEREAS, the Cortlandville Fire District requested the Town Board waive the building permit fee for a storage container to be placed on the Cortlandville Fire District property located at 999 NYS Route 13, and WHEREAS, the Board determined the Cortlandville Fire District to be a government agency that may be exempt from the permit application fees without setting precedent, therefore BE IT RESOLVED, the Town Board does hereby authorize waiving the building permit fee for the Cortlandville Fire District's storage container, to be located at 999 NYS Route 13 in the Town of Cortlandville. There was discussion regarding the change orders submitted by North Country Contractors, LLC for the Polkville Waterline Extension Project. Supervisor Tupper explained the additional work performed by the contractor, which included 31 extra work orders, and an increase in the actual quantity (597.34 SF) of concrete sidewalk/driveway replacement required to complete the project from the estimate of 66 SF. The increase in the concrete was due to inaccurate existing utility location information available during the final design stage of the project. Councilman Proud noted that in the past, as -built plans were often not drawn until a project was completed and the work was covered up, which created problems for knowing the exact location of utilities. With regard to the Polkville Waterline Extension Project, Councilman Proud stated that Water & Sewer Sup't. Alteri was using the GPS system to map the location of the waterlines, hydrants and such. The Town should have much better records in the future, which would help save the Town money with regard to change orders. Sup't. Alteri was also marking the utilities at the new business park on Route 13. RESOLUTION #168 AUTHORIZE SUPERVISOR TO SIGN CHANGE ORDER NO. 1 AND NO. 2 FROM NORTH COUNTRY CONTRACTORS, LLC 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 sign the following change orders submitted by North Country Contractors, LLC for the Polkville Waterline Extension Project: - Change Order No. 1 - increasing the total contract price by $113,002.01, for a total contract price of $1,702,062.01, for additional work performed by the contractor - Change Order No. 2 - decreasing the total contract price $44,687.05, for a total contract price of $1,657,374.96, a reconciliation of the contract price to an amount eligible for payment On another note, Councilman Rocco questioned whose responsibility it was to notify National Grid that streetlights are not working within the Town. He suggested the Board ask the utility company to monitor the streetlights, to find out which lights are out, and to make the repairs. Councilman Rocco felt the Town should not be responsible for the streetlights because the Town is paying for the service. Councilman Testa apprised the Board it took three months for the utility company to repair a streetlight in his neighborhood. Highway Sup't. Bush explained that National Grid has one employee who repairs streetlights for municipalities including the Town, the City, and other municipalities such as Syracuse. Councilman Proud mentioned that the Public Service Commission (PSC) monitors complaints. If a utility company's level of complaints goes above a certain level the utility company has to pay a penalty. He suggested the Town submit a complaint to the PSC. The Town pays over $100,000 per year for streetlights. Councilman Rocco noted that it costs the Town approximately $200 for a streetlight that is not working. Supervisor Tupper would write a letter to the PSC regarding the Board's concerns. 3Z8 AUGUST 24, 2011 TOWN BOARD MEETING PAGE 6 Councilman Testa made a motion, seconded by Councilman Leach, to receive and file Exhibit K, Amendment to Owner -Engineer Agreement No. 2 in the amount of $4,200.00 from Clough Harbour & Associates LLP regarding the Polkville Waterline Extension Project. All voting aye, the motion was carried. Supervisor Tupper reminded the Board that the $4,200.00 amendment was for the additional right-of-way survey work, which Attorney Folmer discussed with CHA in the past. Councilman Proud made a motion, seconded by Councilman Testa, to receive and file correspondence from Supervisor Tupper to Christina Cerio, USDA/RD, dated August 16, 2011, regarding the Polkville Waterline Extension Project and reimbursement to the Town in the amount of $7,509.40 for the archaeological work performed by Birchwood Archaeological Services in April 2010. All voting aye, the motion was carried. Attorney Folmer noted that if the Town is required to have a separate audit for the federal projects, the USDA should be receptive to pay for such audit out of the grant money for the Polkville Waterline Extension Project. RESOLUTION #169 RESOLUTION OF THE TOWN BOARD, TOWN OF CORTLANDVILLE, CORTLAND COUNTY, NEW YORK, ACCEPTING REVISIONS TO THE "POLKVILLE WATERLINE EXTENSION PROJECT - FORM E" Motion by Councilman Leach Seconded by Councilman Testa VOTES: ALL AYE ADOPTED WHEREAS, the Town of Cortlandville, Town Board has reviewed Form E, for the Polkville . Waterline Extension Project, Capital Outlay Budget categories, therefore BE IT RESOLVED, the Town of Cortlandville, Town Board hereby modifies the following administrative budgeted items on the Form E based on Form E No. 3 as follows: - Move from contingency $1,033.75 to A-8 Miscellaneous - Move from contingency $7,509.40 to A-9 Archaeological Survey AND, BE IT FURTHER RESOLVED, the reason for these budgetary amendment increases is due to not enough was budgeted in the miscellaneous line, and a creation of a new line item as required for the archaeological survey work that was completed by Birchwood Archaeological Services, and be it further RESOLVED, these budgetary amendments resulted in a decrease of contingency by $8,543.15, bringing total contingency from $345,840.00 to $337,296.85. Councilman Proud made a motion, seconded by Councilman Leach, to receive and file correspondence from the Lamont Memorial Free Library, dated August 15, 2011, thanking the Town Board for the window buntings that were given to the Library. All voting aye, the motion was carried. There was discussion regarding correspondence from the New York State Department of Environmental Conservation (NYS DEC) regarding the Notice of Incomplete Application of Suit-Kote Corp. for the Alexander Mine in Polkville. Attorney Folmer noted that the matter came to the Planning Board at its meeting in July. There was discussion regarding Lead Agency status for SEQR purposes. At that point, the DEC was saying that the application was incomplete. Planning and Zoning Officer Weber wrote a letter to the DEC indicating that the Town Board, Planning Board, and Zoning Board of Appeals were all involved agencies and that the Town could not make a determination as to Lead Agency status without having a complete application. The Planning Board had not completely rejected the idea of being Lead Agency. However, now the DEC issued a letter stating that they will be Lead Agency. Attorney Folmer 3z9 AUGUST 24, 2011 TOWN BOARD MEETING PAGE 7 would discuss the matter with the Planning Board at their next meeting. He would explain to them that if they really wanted to litigate the issue of whether or not the DEC should be Lead Agency there is a method by which they can do that. The Planning Board could have a hearing before the DEC, however the possibilities of winning such a hearing was slim to none. Supervisor Tupper mentioned that the Town Board would see Suit-Kote's application as an Aquifer Protection Permit after the SEQR process. Councilman Leach made a motion, seconded by Councilman Testa, to receive and file correspondence from the New York State Department of Environmental Conservation, dated August 12, 2011, regarding the Notice of Incomplete Application of Suit-Kote Corporation for the Alexander Mine. All voting aye, the motion was carried. RESOLUTION #170 AUTHORIZE APPROVAL REQUEST OF KATHERINE M. KING FOR THE 2008 HOME GRANT — SENIOR HOUSING REHABILITATION PROGRAM Motion by Councilman Leach Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby authorize the approval request of Katherine M. King, for property located at 584 McLean Road in the Town of Cortlandville, for a 100% deferred loan for the 2008 HOME Grant - Senior Housing Rehabilitation Program, and it is further RESOLVED, the work to be completed would include heating, siding, windows & doors, plumbing, exterior carpentry, radon mitigation, and other, for a total of $19,362.00. Supervisor Tupper questioned whether there was anything further to come before the Board. Councilman Leach thanked the Sheriff's Department for responding to concerns regarding litter on the side of Route 13 and E. River Road. Councilman Leach received a couple of phone calls about litter on the side of the road. According to Councilman Leach, the Sheriff's Department was issuing tickets for the litter. Councilman Testa questioned Highway Sup't. Bush what the status was for installation of the traffic signal at the intersection of Route 222 and Fairview Drive/Highland Road. According to Highway Sup't. Bush something was wrong with the pole. Councilman Rocco suggested the Town contact Senator Seward and ask for his help. Supervisor Tupper stated that taking the lowest bid is sometimes not always the best idea. On that note, Attorney Folmer apprised the Board that in the recent issue of Town Topics there was a lengthy discussion of a recent Court of Appeals case where a town board accepted the second lowest bidder and was sued. The Court of Appeals rejected the town board's determination. While he had not read the Decision, Attorney Folmer stated that unless you are prepared to say that the low bidder is not responsible, as opposed to "A" is more responsible than "B", then the Town would have to go with the low bidder. 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 5:45 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 September 7, 2011. The final version of this meeting was approved as written at the Town Board meting of September 21, 2011.