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HomeMy WebLinkAbout09-21-2011SEPTEMBER 21, 2011 5:00 P.M. 335 1 1 1 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 Deputy Town Clerk, Kristin Rocco-Petrella, RMC Absent: Town Clerk, Karen Q. Snyder, RMC Others present were: Town Attorney, John Folmer; Highway Sup't. Carl Bush; Town Assessor, David Briggs; County Legislator, Susan Briggs; News Reporters: Sharon Stevans for Channel 2, Access TV, and Matthew Nojiri from the Cortland Standard. Supervisor Tupper called the meeting to order. Councilman Proud made a motion, seconded by Councilman Leach, to approve the Town Board Minutes of August 24, 2011. All voting aye, the motion was carried. Councilman Proud made a motion, seconded by Councilman Leach, to approve the Town Board Minutes of September 7, 2011. All voting aye, the motion was carried. RESOLUTION #177 AUTHORIZE SUPERVISOR TO SIGN PURCHASE ORDER #0082 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 Purchase Order #0082 submitted by Water & Sewer Sup't. Peter Alteri, for the purchase of a sewer pump for the McLean Road sewer lift station, from Pump Service & Supply of Troy, Inc. in the amount of $3,995.00. RESOLUTION #178 AUTHORIZE PAYMENT OF VOUCHERS — SEPTEMBER 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 #492 - 514 $ 20,653.76 General Fund B B 131 - B 134 $ 4,284.49 Highway Fund DB D364 - D382 $152,660.48 Trust & Agency T40 - T42 $ 29,321.90 Special Grants C30 - C30 $ 490.14 Water Fund W 192 - W 199 $ 9,474.90 Sewer Fund S 110 - S 116 $ 23,859.81 Capital Project H47 - H51 $ 20,700.32 Supervisor Tupper offered privilege of the floor to Susan Briggs, County Legislator, Susan Briggs reported on several ongoing topics in the Town and the County. First, she apprised the Board that the project was stalled for the installation of the traffic light at the intersection of NYS Route 222 and Fairview Drive/Highland Road. Senator 336 SEPTEMBER 21, 2011 TOWN BOARD MEETING PAGE 2 Seward was contacted regarding the matter. She hoped to receive an update soon regarding the delay. With regard to topics pending at the County level, Mrs. Briggs informed the Board the Legislature would be voting at its September 22nd meeting on whether or not to hire an engineer to investigate the use of Beneficial Use Determinants (BUDS) at the County landfill, along with hiring an engineer to do the SEQR for the change to the solid waste law. The landfill has been a "hot topic" for the past two years, and will continue to be until we get more information, which Mrs. Briggs stated she was pushing for before money is spent and long-lasting decisions are made. On another note, Mrs. Briggs stated that the last time she updated the Board, she was happy to report that through bipartisan efforts changes to the County Treasurer's office were stalled. However, the topic was brought back to the Legislature and was overturned. The County is now in transition with a fiscal manager department that reports directly to the County Administrator. Mrs. Briggs was disappointed with the change and was concerned with checks and balances. She was also concerned that the people of this county, along with the municipalities, would not have a direct line to get answers to their questions. Mrs. Briggs informed the Board that the Legislature would also be voting on whether or not to cut the County Treasurer's pay by 50%. She had discussions with many people, including the Treasurer, and understood that the responsibilities and duties of the Treasurer had not really changed; the workload would basically be the same. Councilman Rocco stated that the worst thing anyone could do was to give the administration control of the money. He was concerned that it would take 6 weeks to get answers to questions, which according to Councilman Rocco is the time frame required by the County Administrator's office to answer FOIL requests. Councilman Rocco stated it was already difficult to get information from the County Administrator's office. He did not agree with the County's decision to change the office of the Treasurer. Councilman Rocco praised Mrs. Briggs for being an outspoken and strong County Legislator. Mrs. Briggs reiterated that she was opposed to the change in the County Treasurer's office, which was a historic change in the County. She encouraged her fellow legislators to do the research before making such sweeping changes, and before spending money. She stated that mistakes are made when we don't get all the information. Councilman Testa thanked Mrs. Briggs for taking the time to come to the Town Board meetings to update the Board on current issues. The monthly reports of the Town Justice and the Water & Sewer Department for the month of August 2011 were on the table for review and are filed in the Town Clerk's Office. Deputy Town Clerk Rocco-Petrella informed the Board the Town Clerk received the SEQR — Notice of Amended Negative Declaration for the Town of Groton Land Use and Development Code of 2011. She asked that the Notice be received and filed. Councilman Proud made a motion, seconded by Councilman Leach, to receive and file the SEQR — Notice of Amended Negative Declaration for the Town of Groton Land Use and Development Code of 2011, amended September 13, 2011, from April Scheffler, Groton Town Clerk. All voting aye, the motion was carried. Attorney Folmer reported: Certiorari Proceeding - Gator Cortlandville Partners: Attorney Folmer reported that the certiorari tax proceeding involving Gator Cortlandville Partners was settled. He reviewed the proposed order with Assessor Briggs and found a few things that needed to be changed. Attorney Folmer stated that it was a compromise that would cost the Town money in the form of refunds, however the Town would not have to pay interest as long as the refund was made within 60-days. Both the County and the School District would have to pay significantly more than the Town. Attorney Folmer stated the problem with the situation is that the Town is responsible for defending the assessments, yet the financial burden of the resolution of the proceedings is not as significant for the Town as it is for the other entities. According to a recent Cortland Standard news article, the County was talking about joining in the defense of the certiorari proceedings. Attorney Folmer discussed the issue with the County Attorney. They both thought it would be a 1 1 337 SEPTEMBER 21, 2011 TOWN BOARD MEETING PAGE 3 good idea to pay for the defense based upon the percentages of the rates; the Town would pay 10%, the County would pay 40%, and the School would pay 50%. The School District had not yet been approached regarding participation. Attorney Folmer explained that the resolution completes four years of pending litigation, and precludes Gator Cortlandville Partners from bringing another proceeding for a period of three years, unless there is a general revaluation within the Town. Repair to Walgreens Stormwater Management System: Attorney Folmer recalled that at the last Board Meeting the Board received the recommendations from the Town Planning Board concerning the finalization of the Walgreens stormwater management system inspections. At the last meeting, the Board was awaiting comments from CHA, which Supervisor Tupper received late this afternoon. Attorney Folmer asked the Board not to take any further action until he had the opportunity to review the comments and discuss them with the Supervisor. Dispose of Real Property that the Town Owns: Attorney Folmer discussed the possibility of disposing of a piece of property that the Town does not need. Attorney Folmer briefly spoke with Assessor Briggs regarding the matter and learned that a tax map number and a legal description of the property were both needed. According to Section 64, Subdivision 2 of Town Law the Board is entitled to sell real property by adopting a resolution, subject to permissive referendum. Supervisor Tupper questioned what the process for the sale would be. Attorney Folmer stated there are opinions of the Attorney General which say the Town could conduct a private sale, and other opinions that the Town should do so by a bidding process. Attorney Folmer suggested the Town advertise for bids and include in the notice an announcement that the Town reserves the right to reject all bids. If there is a bid the Town would like to accept, the Board could adopt a resolution to sell the property to the particular person for a specific dollar amount, subject to permissive referendum. 2% Tax Cap: Attorney Folmer commented on the 2% tax cap imposed by the State Legislature, which he stated was a terrible fiscal policy for local governments. The law provides the Town the opportunity to override the tax cap by conducting a public hearing and adopting a local law. The 2% tax cap would allow the Town to increase taxes $0.062 per 1,000 of assessed value, resulting in a total Town tax increase of $32,000. Supervisor Tupper noted that $32,000 would not cover the Town's cost for the increase in NYS Retirement, which was projected at $55,000460,000. Attorney Folmer stated he wanted the Board to be aware that there is a vehicle by which they could override the tax cap, which would require a 60% vote of the Board. Councilman Proud stated there are not many municipalities or government entities that could follow the 2% tax cap. Councilman Rocco added that the real problem was that unlike other states, counties in New York State pay the Medicaid costs, which are mandated by the State. Supervisor Tupper stated that the Town may be able to follow the tax cap, but he was not sure how cities or counties would be able to do so. Under new business, there was discussion regarding the completion of the Polkville Waterline Extension Project and final payment to North Country Contractors. Councilman Leach apprised the Board he spoke with Highway Sup't. Bush about a driveway that needed to be repaired. He suggested Highway Sup't. Bush look into the concern before final payment was made to the contractor. Supervisor Tupper indicated that it was a question of whether or not it is the Town's problem because the water is running down the Town's road, or whether it is a problem that was caused by North Country Contractors when they put the line in. Councilman Leach stated he would like to see the contractors make an effort to repair the problem. Highway Sup't. Bush indicated that he had not yet looked into the problem but would do so. Supervisor Tupper indicated that the construction part of the project was complete, however there was still some administrative work to be done with the USDA. With regard to bonding, Supervisor Tupper indicated that the interest rates for both short-term and long-term loans decreased again. 338 SEPTEMBER 21, 2011 TOWN BOARD MEETING PAGE 4 RESOLUTION #179 ACCEPT POLKVILLE WATERLINE EXTENSION PROJECT AS COMPLETE AND RECOMMEND FINAL PAYMENT Motion by Councilman Rocco Seconded by Councilman Testa VOTES: ALL AYE ADOPTED WHEREAS, the Polkville Waterline Extension Project is now complete and has been certified by the Town's engineering firm, Clough Harbour & Associates LLP, and WHEREAS, said project has also been approved by the Cortland County Health Department Division of Environmental Health, and WHEREAS, the necessary documents have been submitted to the Town Board for their review and recommendation, therefore BE IT RESOLVED, the Town Board does hereby accept the Polkville Waterline Extension Project as complete, and it is further RESOLVED, the Town Board does hereby recommend final payment to said contractor, North Country Contractors, LLC for the construction of the Polkville Waterline Extension Project. RESOLUTION #180 REAPPOINT JOHN DIESCHER TO THE BOARD OF ASSESSMENT REVIEW Motion by Councilman Proud Seconded by Councilman Leach VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby reappoint John Diescher of 3946 Route 11, Cortland, NY, to the Cortlandville Board of Assessment Review, for a five-year term commencing October 1, 2011 and expiring September 30, 2016. No further comments or discussion were heard. Councilman Leach made a motion, seconded by Councilman Proud, to adjourn the Regular Meeting. All voting aye, the motion was carried. The meeting was adjourned at 5:25 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 27, 2011. The draft version of this meeting was approved as written at the Town Board meeting of October 5, 2011.