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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. 1 1 3119 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. 35U 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. 3 5.1- 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. 3 5 z- 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.