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.