HomeMy WebLinkAbout11-02-20113 L+ 8
NOVEMBER 02, 2011
5:00 P.M.
PUBLIC HEARING NO. 1
2012 PRELIMINARY BUDGET
A Public Hearing was held by the Town Board of the Town of Cortlandville at the
Raymond G. Thorpe Municipal Building, 3577 Terrace Road, Cortland, New York, concerning
the 2012.Preliminary Budget.
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; Barb
Leach; Steve Flatt; Russ Bean; News Reporters: Eric Mulvihill from WXHC, Matthew Nojiri
from the Cortland Standard, and Sharon Stevans for Channel 2, Access TV.
Supervisor Tupper called the Public Hearing to order.
Town Clerk, Karen Q. Snyder read aloud the Legal Notice as published, posted and filed.
Supervisor Tupper offered privilege of the floor to those in attendance.
No comments or discussion were heard.
The Public Hearing was closed at 5:05 p.m.
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NOVEMBER 02, 2011 5:05 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; Barb
Leach; Steve Flatt; Russ Bean; News Reporters: Eric Mulvihill from WXHC, Matthew Nojiri
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 Rocco, to approve the Draft
Town Board Minutes of October 19, 2011. All voting aye, the motion was carried.
RESOLUTION #189 AUTHORIZE PAYMENT OF VOUCHERS —NOVEMBER
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 #567 - 585
$ 98,403.28
General Fund B
B 146 - B 150
$ 3,860.02
Highway Fund DB
D425 - D452
$136,610.09
Trust & Agency
T43 - T45
$ 28,561.83
Special Grants
C33 - C35
$502,388.79
Water Fund
W227 - W243
$ 90,769.37
Sewer Fund
S 132 - S 135
$ 75,311.15
Capital Project
H53 - H53
$ 289.30
Supervisor Tupper offered privilege of the floor to Russ Bean.
Russ Bean introduced himself as a 23-year town resident, and Republican committee
person, who until this year carried petitions for Cortlandville elected officials. He stated that as
of this past spring he lost complete trust of town officials. Mr. Bean did not believe that the
Town's interests were being met the way that they should be.
Mr. Bean explained that his son applied for a job with the Town Highway Department,
but was not considered for the job. Mr. Bean listed his son's credentials and explained that he
discussed his concerns with Supervisor Tupper,�who advised him that the Town Board does not
oversee the Highway Sup't. Mr. Bean believed that the Town Board should oversee all
departments. He was concerned that relatives and friends of the officials were being hired, and
was also concerned that those who were hired don't live in the Town.
Mr. Bean addressed other concerns that he had including the following: identification on
Town Highway Department trucks; trucks that are driven home by employees and whether they
are used for private interests; the sale of scrap metal; purchasing property for the Town, which he
felt should be left up to the voters; the cost of property purchased on Greenwood Road for
storage; and whether more property was purchased on Starr Road for the Ted Testa Park.
Mr. Bean's concerns were addressed. Highway Sup't. Bush apprised Mr. Bean that
identification is on almost all Town trucks, with the exception of the silver pickup trucks. With
regard to the purchase of property on Greenwood Road, Supervisor Tupper explained that it was
a private sale with the purchase price being derived from the appraisal of the property. Attorney
Folmer would provide the purchase price to Mr. Bean. Councilman Testa noted that additional
property had not been purchased for the Testa Park on Starr Road.
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NOVEMBER 02, 2011 TOWN BOARD MEETING PAGE 2
Attorney Folmer explained there is a statute that provides for a mandatory referendum, in
which the purchase of certain items are mandated by the statute. There are also certain items
which are subject to permissive referendum, in which a legal notice is published and a certain
number of days must pass before action by the Board is taken. Attorney Folmer noted that when
permissive referendum was required, the Town has done so. Attorney Folmer also noted that
there is no authority, judicial or otherwise, for submission to the voters of propositions that are
not either mandated by the statute or that are required to be done by permissive referendum. If
the Board wanted to submit a certain issue to the voters under a referendum system, they are
prohibited by statute from doing so. The Board is supposed to be making decisions, rather than
turning decisions over to the voters. Attorney Folmer apprised Mr. Bean that as the Town
Attorney he is required to be sure that those items that are supposed to be submitted to
mandatory referendum or permissive referendum are done, which he does. Attorney Folmer
explained that the dollar amount involved does not dictate mandatory or permissive referendum,
but rather the specific action proposed does. He also explained that under the bidding process,
anything over a certain dollar amount must go'to bid, which according to Highway Sup't. Bush
was $10,000.00.
Councilman Proud clarified that the Board's control is over financial decisions. Once the
Board has made such financial decisions it is the Highway Superintendent's job to implement the
decisions. The Board is prohibited by state law to intrude on the Highway Superintendent's
prerogatives.
Supervisor Tupper offered privilege of the floor to Steve Flatt.
Town resident, Steve Flatt stated that as a citizen and voter it is his responsibility to let
the Board know when he does not agree with the Board, and is also his responsibility to let the
Board know when they've done something good. He thanked the Board for writing a letter to the
County regarding the County Landfill. Supervisor Tupper clarified that the letter was not
submitted to the County on behalf of the Board, but was a personal letter from himself and Mr.
Testa. Regardless, Mr. Flatt thanked Supervisor Tupper and Councilman Testa for their action.
Mr. Flatt also thanked Legislator Susan Briggs and Councilman Rocco for their tireless efforts
on the matter.
Councilman Leach made a motion, seconded by Councilman Proud, to receive and file
correspondence from Time Warner Cable, dated October 24, 2011, regarding new pricing for
cable packages. All voting aye, the motion was carried.
Supervisor Tupper noted that the Board was presented with the adopted 2012 Operating
Budget of the Cortlandville Fire District, in which there was a 0% increase from the 2011
budget. Councilman Leach added that the Town Highway Department recently completed work
on the asphalt driveway at the Cortlandville Fire Station #2 in Polkville, which he stated looked
very nice.
Councilman Proud made a motion, seconded by Councilman Testa, to receive and file the
adopted 2012 Operating Budget of the Cortlandville Fire District, as well as correspondence
from Scott Roman, District Treasurer, dated November 1, 2011, regarding the budget for the Fire
District. All voting aye, the motion was carried.
The monthly reports of the Town Clerk, Code Enforcement Officer, Fire & Safety
Inspection activity, and the Town Supervisor for the month of October 2011 were on the table
for review and are filed in the Town Clerk's Office.
Town Clerk Snyder apprised the Board that the tax collectors of Cortland County
recently convened at a workshop to discuss procedures for partial payments, which would begin
January 1, 2012. A second workshop would be conducted on December 5, 2011 at the Raymond
G. Thorpe Municipal Building. The tax collectors plan to publish an article in the Cortland
Standard to explain partial payments and to educate the taxpayers of Cortland County.
Supervisor Tupper stated it would be interesting to see how many people participate in
partial payments. Town Clerk Snyder agreed, and apprised the Board that the tax collectors
would be keeping track of how many people take advantage of partial payments. According to
other municipalities that allow partial payments, it takes a few years for taxpayers to catch on to
the new program.
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NOVEMBER 02, 2011 TOWN BOARD MEETING PAGE 3
After discussion that occurred earlier in the meeting, Councilman Rocco commended
Highway Sup't. Bush for his hardwork and dedication to the Town. He stated that Highway
Sup't. Bush is the best man for the job, and stated that he hates to hear anything negative said
about a man such as Mr. Bush.
Attorney Folmer reported:
Notice of Appearance — Tax Certiorari:
Attorney Folmer apprised the Board a Notice of Appearance was filed in one of the
certiorari proceedings from the Homer School District which was a new development caused by
the 2% tax cap legislation. There is an exclusion in the statute for reserves that are maintained
by the school district for certiorari proceedings, etcetera. The school district is trying to keep a
handle on the status of such things so they are aware of budgetary requirements for reserves.
The Cortland City School District has inquired as to the pending certiorari proceedings.
Attorney Folmer apprised the Board that he heard that the County and the School District have
agreed to participate in the defense of the certiorari proceeding brought against the Town of
Virgil by Greek Peak.
Certiorari Tax Proceedings:
Attorney Folmer apprised the Board the certiorari tax proceeding involving the Town and
Benderson Development was complete. The proceeding involving Gator Cortlandville Partners
was being processed through Judge Rumsey's office at this time.
College Suites:
Attorney Folmer apprised the Board that he and Supervisor Tupper would be meeting
with the President of TC3 to discuss the problems occurring at the College Suites. Attorney
Folmer wanted the Board to be aware that they are attempting to do what they can to resolve the
issues.
Fingerlakes East Business Park:
Attorney Folmer mentioned that the Board was in receipt of correspondence from Water
& Sewer Sup't. Alteri concerning the Fingerlakes East Business Park. Attorney Folmer
contacted John Sidd, Attorney for the IDA. He and Attorney Sidd would work out the document
difficulties once the engineers have indicated that they have taken care of the items of concern
that have been raised.
Article X — Public Service Law:
Attorney Folmer apprised the Board that at the request of Councilman Rocco, included in
their Town Board packets was a review of Article X of the Public Service Law. Attorney Folmer
noted that there are four or five counties in the state which have adopted resolutions urging
legislators to promote the repeal of Article X, because it does in fact take away from local
authorities the ability to make certain decisions with regard to the siting of energy facilities.
Attorney Folmer would update the Board with information that he receives regarding Article X.
Councilman Rocco briefly voiced his concerns regarding Article X, which included the
fact that a municipality's zoning laws could be abandoned under Article X; property rights could
be taken away from citizens; and that the local input was not enough to be significant.
Councilman Rocco hoped that Article X was defeated.
Councilman Leach made a motion, seconded by Councilman Proud, to receive and file
correspondence from Diana L. Graser, P.E., Regional Traffic Engineer, New York State
Department of Transportation, dated October 26, 2011, approving the Town's request for "No
Parking Any Time" on Route 13 for a distance of 250 feet north and south of the McEvoy
Campus entrance. All voting aye, the motion was carried.
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NOVEMBER 02, 2011 TOWN BOARD MEEGING PAGE 4
Councilman Testa apprised the Board he contacted Senator Seward with regard to the
delay of the installation of the traffic light at the intersection of NYS Route 222 and Fairview
Drive/Highland Road. The traffic light was supposed to be installed in July 2011. Senator
Seward was looking into the matter.
Councilman Testa mentioned that for the upcoming General Election, districts 13-3 and
13-4 would be voting at the Municipal Garage, while the Town Hall would be closed. Town
Clerk Snyder concurred and apprised the Board that Highway Sup't. Bush would be installing
the proper signage for the polling place, and that signs would be posted at both Town Hall
entrances notifying voters of the change. Town Clerk Snyder mentioned that she became aware
of the change in polling places after her office received several phone calls from voters who
received a notice in the mail from the Board of Elections indicating the change. She also noted
that the legal notice published by the Board of Elections was not correct because it listed Walden
Place and the Town Hall as voting places. Councilman Testa suggested a sign be posted at
Walden Place notifying voters of the change in polling place. Town Clerk Snyder would look
into doing such.
RESOLUTION #190 AUTHORIZE SUPERVISOR TO CLOSEOUT CD #87062567
AND TO TRANSFER THE FUNDS INTO GENERAL FUND B
AS A DONATION
Motion by Councilman Rocco
Seconded by Councilman Leach
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to closeout
CD #87062567 in the amount of $2,019.64 and to transfer the funds into General Fund B as a
donation.
Councilman Leach apprised the Board the McGraw High School Girls Soccer Team
made it to the second round of sectionals, however they lost the game to Remson. The Board
congratulated the McGraw Eagles for their great soccer season.
No further comments or discussion were heard.
Councilman Testa 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.
Resp ctfully 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 November 17, 2011.
The draft version of this meeting was approved as written at the Town Board meeting of December 7, 2011.