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JANUARY 06, 2010
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 Tupper
Councilman, Theodore Testa
Councilman, Ronal Rocco
Councilman, John Proud
Councilman, Gregory Leach
Town Clerk, Karen Q. Snyder, RMC
Others present were: Town Attorney, John Folmer; Highway Sup't. Carl Bush; and News
Reporter Holden Slattery from the Cortland Standard.
Supervisor Tupper called the meeting to order.
The Draft Town Board Minutes of December 16, 2009 were presented to the Board for
review.
RESOLUTION 401 AUTHORIZE PAYMENT OF VOUCHERS - FINAL 2009
Motion by Councilman Rocco
Seconded by Councilman Proud
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the vouchers submitted have been audited and shall be paid as follows:
General Fund A
General Fund B
Highway Fund DB
Trust & Agency
Water Fund
Sewer Fund
Vouchers #799 - 829
$103,801.33
B259 - B261
$
602.26
D495 - D510
$
67,055.40
T39 - T40
$
21,796.51
W353 - W363
$
42,231.45
$
39,126.87
RESOLUTION #02 AUTHORIZE PAYMENT OF VOUCHERS - JANUARY
Motion by Councilman Rocco
Seconded by Councilman Proud
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the vouchers submitted have been audited and shall be paid as follows:
General Fund A
Vouchers # 1 - 13
$
47,131.46
General Fund B
B 1 - B2
$
23,493.32
Highway Fund DB
$
17,244.16
Special Grants
C1 - Cl
$
2,373.68
Water Fund
WI - W5
$
3,186.19
Sewer Fund
S 1 - S 1
$
3,373.75
Capital Project
HI - H2
$
2,779.05
Councilman Rocco apprised the Board he printed all the photographs taken of the
McGraw High School Girls Soccer Team prior to the December 16, 2009 Town Board Meeting.
Photographs would be provided to each member of the team, the High School, and Supervisor
Tupper. Supervisor Tupper mentioned that he received numerous positive comments regarding
the Town honoring the success of the McGraw Eagles.
The monthly reports of the Code Enforcement Officer, Town Clerk, and Water & Sewer
Department for the month of December 2009 were on the table for review and are filed in the Town
Clerk's office.
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JANUARY 06, 2010
TOWN BOARD MEETING
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Attorney Folmer reported:
Notice of Claim Regarding Flooding — Village of McGraw:
Attorney Folmer commented on correspondence received from Selective Insurance
Company regarding Notice of Claims made by Tim and Connie Neff, and James Norton and
Andrew Hoffman, for property damage due to flooding in the Village of McGraw. Selective
Insurance advised that with regard to the claims made to the Village of McGraw, the Village had
no responsibility for any damages sustained for a variety of reasons. Attorney Folmer
anticipated receiving a similar response for the claims made to the Town for damages.
Councilman Proud made a motion, seconded by Councilman Testa, to receive and file
correspondence from Selective Insurance Company to Tim and Connie Neff, dated December
31, 2009, regarding a claim for property damage due to flooding in the Village of McGraw. All
voting aye, the motion was carried.
Councilman Proud made a motion, seconded by Councilman Testa, to receive and file
correspondence from Selective Insurance Company to James Norton and Andrew Hoffman,
dated December 31, 2009, regarding a claim for property damage due to flooding in the Village
of McGraw. All voting aye, the motion was carried.
RESOLUTION #03 APPROVE THE 2010 ANNUAL CONTRACTS
Motion by Councilman Proud
Seconded by Councilman Rocco
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby approve the annual contracts for 2010, and
shall receive and file them as follows:
Atlantic Inland, Inc.
$17,308.00
Cortland Youth Bureau
$70,000.00
Cortland Regional Sports Council
$10,000.00
Homer Recreation
$23,268.20
J.M. Murray Center
$21,060.00
Lamont Memorial Library
$21,157.00
Lime Hollow Nature Center
$ 2,100.00
McGraw Recreation
$11,600.00
SPCA (Cortlandville)
$33,000.00
SPCA (McGraw)
$ 5,000.00
SPCA (Cats Spay/Neuter)
$ 3,500.00
Valley View Gardens
$ 1,915.00
Freetown - Code Enforcement*
$ 5,000.00
(*contract is payable to the Town)
There was discussion regarding adoption of a new Procurement Policy for the Town of
Cortlandville for the year 2010. Supervisor Tupper explained the changes that were made to the
Procurement Policy. The State of New York changed the dollar figure for public works contracts
from $20,000 to $35,000. A section was also added with regard to purchase orders. All
purchase orders over $2,500 are required to have a signed purchase order form prior to the
purchase. Purchase order forms could be obtained from the Supervisor's office. Supervisor
Tupper explained that all purchase orders over $2,500 must be approved by the Town Board and
signed by the Budget Officer (Supervisor) or the Deputy Supervisor. In the event of an
emergency a purchase order could be signed by the Budget Officer (Supervisor) or Deputy
Supervisor prior to being approved by the Board.
Supervisor Tupper explained that some purchases could be covered under a "blanket
purchase order" signed at the beginning of the month/year to authorize the purchase of certain
items that are purchased throughout the year, such as salt or asphalt by the Highway Department.
The new Procurement Policy and the use of purchase orders would be discussed and explained at
the Department Head meeting scheduled for January 7, 2010.
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JANUARY 06, 2010 TOWN BOARD MEETING PAGE 3
Attorney Folmer pointed out that the Town is not required to award the purchase or
public works contract to the lowest bidder. The Procurement Policy reads that the "lowest
responsible quote or proposal shall be awarded".
RESOLUTION #04 ADOPT TOWN OF CORTLANDVILLE
PROCUREMENT POLICY - 2010
Motion by Councilman Leach
Seconded by Councilman Proud
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby adopt the Town of Cortlandville Procurement
Policy dated January 6, 2010 for the year 2010.
RESOLUTION #05 REAPPOINT JOHN FINN TO THE
CORTLANDVILLE ZONING BOARD OF APPEALS
Motion by Councilman Rocco
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby reappoint John Finn, 618 Groton Road, Cortland,
New York to the Cortlandville Zoning Board of Appeals for a five-year term commencing January
O1, 2010 and shall expire December 31, 2014.
RESOLUTION #06 REAPPOINT NICK RENZI TO THE
CORTLANDVILLE PLANNING BOARD
Motion by Councilman Rocco
Seconded by Councilman Proud
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby reappoint Nick Renzi, 1149 Davinci Drive,
Cortland, New York to the Cortlandville Planning Board for a five-year term commencing January
01, 2010 and shall expire December 31, 2014.
RESOLUTION #07 REAPPOINT THEODORE V. TESTA AS
DEPUTY TOWN SUPERVISOR
Motion by Councilman Proud
Seconded by Councilman Leach
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby reappoint Theodore V. Testa as Deputy Town
Supervisor for a two-year term commencing January 01, 2010 and shall expire December 31,
2011.
RESOLUTION #08 REAPPOINT JOHN B. FOLMER AS
TOWN ATTORNEY
Motion by Councilman Proud
Seconded by Councilman Leach
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby reappoint John B. Folmer as Town Attorney
for a two-year term commencing January 01, 2010 and shall expire December 31, 2011.
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JANUARY 06, 2010 TOWN BOARD MEETING PAGE 4
RESOLUTION #09 REAPPOINT KAREN Q. SNYDER AS
REGISTRAR FOR THE TOWN
Motion by Councilman Proud
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby reappoint Karen Q. Snyder as Registrar for a
two-year term commencing January 01, 2010 and shall expire December 31, 2011.
RESOLUTION #10 DESIGNATE THE CORTLAND STANDARD AS
THE OFFICIAL NEWSPAPER FOR THE TOWN
OF CORTLANDVILLE FOR THE YEAR 2010
Motion by Councilman Proud
Seconded by Councilman Leach
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Cortland Standard is hereby designated as the official newspaper for the
Town of Cortlandville for the year 2010.
RESOLUTION #11 DESIGNATION OF DEPOSITORIES FOR
TOWN ACCOUNTS FOR THE YEAR 2010
Motion by Councilman Testa
Seconded by Councilman Proud
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, Alliance Bank of Cortland is hereby designated as the depository for the
following Town accounts:
General Fund A (Townwide) Trust & Agency Account
General Fund B (Town outside villages) Justice Account
Highway Account
AND BE IT FURTHER RESOLVED, First Niagara Bank of Cortland is hereby designated as the
depository for the following Town accounts:
Town Clerk Account Water Fund Account
Tax Collector Account Sewer Fund Account
AND BE IT FURTHER RESOLVED, the following banks may be considered if necessary: Key
Bank of Central NY; Merchant & Trust Corp. Bank; Tompkins Trust Co.; and First National Bank
of Dryden.
RESOLUTION #12 AUTHORIZE TOWN CLERK TO ACCEPT THE
SUPERVISOR'S ANNUAL FINANCIAL REPORT
60 DAYS AFTER THE CLOSE OF 2009
Motion by Councilman Proud
Seconded by Councilman Rocco
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize the Town Clerk to accept the
Supervisor's Annual Financial Report to the State Comptroller 60 days after the close of the fiscal
year of 2009, and
BE IT FURTHER RESOLVED, that the Town Clerk shall cause a notice to be published within ten
(10) days after receipt thereof, stating that a copy of such report is on file in the Town Clerk's office
and available for public inspection and copying, in accordance with Town Law, Section 29, Article
10-A, amended June 29, 1979.
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JANUARY 06, 2010 TOWN BOARD MEETING PAGE 5
RESOLUTION #13 DELEGATE TOWN BOARD MEMBERS TO AUDIT
2009 RECORDS OF TOWN OFFICIALS
Motion by Councilman Proud
Seconded by Councilman Rocco
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the records of Town Officials and Town Employees, for the year 2009, shall
be audited by Town Board members by January 20, 2010 as follows:
Supervisor Gregory Leach
Town Clerk/Tax Collector Theodore V. Testa
Town Justice Ronal L. Rocco
Highway, Water & Sewer John Proud
RESOLUTION #14 ACCEPT AGREEMENT OF EXPENDITURES OF
HIGHWAY MONIES FOR THE YEAR OF 2010
Motion by Councilman Proud
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
WHEREAS, the Agreement of Expenditures of Highway monies, in accordance with Section
284 of the Highway Law, was submitted by the Town Highway Sup't. as required, therefore
BE IT RESOLVED, the Agreement of Expenditures of Highway monies for 2010 is hereby
accepted and shall be signed by members of the Town Board and Highway Superintendent.
RESOLUTION #15 ADOPT THE 2010 SALARY SCHEDULE
FOR THE TOWN OF CORTLANDVILLE
Motion by Councilman Proud
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby adopt the 2010 Salary Schedule for Town of
Cortlandville employees and elected/appointed officials.
RESOLUTION 916 ADOPT TOWN HIGHWAY DEPARTMENT AND WATER &
SEWER DEPARTMENT SALARY SCHEDULES FOR 2010
Motion by Councilman Rocco
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby adopt the Town Highway Department and
Water & Sewer Department salary schedules for the year 2010 as follows:
HIGHWAY DEPARTMENT
2010 PAYROLL SCHEDULE
IDRING
A
B
C
D
E
Deputy Highway Sup't.
19.58
21.08
21.68
22.18
22.58
22.88
Heavy Equipment Mechanic
19.01
20.51
21.11
21.61
22.01
22.31
Heavy Equipment Operator/
18.58
20.08
20.68
21.19
21.58
21.88
with Trailer CDL
Heavy Equipment Operator
18.18
19.68
20.28
20.79
21.18
21.48
without Trailer CDL
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JANUARY 06, 2010
TOWN BOARD MEETING
PAGE 6
Automotive Mechanic
Motor Equipment Operator
Laborer
Buildings &
Grounds Laborer
Secretary/
Keyboard Specialist
Part-time Summer Laborer
Recreation Director
Asst. Recreation Director
NIGHT SHIFT RATE:
WAGES NOTE
17.85
19.35
19.95
20.45
20.85
21.15
17.07
18.57
19.17
19.67
20.07
20.37
12.39
13.39
14.39
15.39
16.39
17.28
11.35
12.35
13.80
15.19
15.69
16.19
14.00
15.00
16.00
17.00
17.89
18.39
7.50
7.75
8.00
8.25
8.50
9.00
11.39
13.29
13.79
14.29
14.79
15.29
8.39
9.39
9.89
10.39
10.89
11.39
$1.00 per hour is added to the regular hourly base wage.
(The night shift is a regular scheduled shift 8:00 p.m. to 5:00 a.m.)
An H.E.O. that does not have the required CDL license that is needed to
move the Town's equipment using the largest equipment trailer the Town
has will receive $.40 per hour less than the H.E.O. employees that do
have the license.
Hiring rate and step rates are given on anniversary dates if work improvement and performance are shown.
WATER & SEWER DEPARTMENT
2010 PAYROLL SCHEDULE
HIRING STEP -A STEP-B STEP-C STEP-D STEP-E
W&S Supt. $47,671.70 $49,671.70 $51,171.70 $52,671.70 $54,171.70 $55,671.70
Deputy $37,878.54 $39,878.54 $41,378.54 $42,878.54 $44,378.54 $45,878.54
W&S Supt.
W&S Oper. $36,078.30 $38,078.30 $39,578.30 $41,078.30 $42,578.30 $44,078.30
W&S Oper. $30,000.00 $32,000.00 $33,000.00
Trainee
Secretary $28,000.00 $30,000.00 $31,400.00 $32,900.00 $34,400.00 $35,900.00
NOTE: A Water & Sewer Operator Trainee can go to an Operator Hiring wage after the successful
completion and receipt of their Water Operators License.
Hiring rate and step rates are given on anniversary dates if work improvement and performance are shown
Councilman Rocco made a motion, seconded by Councilman Testa, to receive and file
correspondence from Aimee Milks, Thoma Development Consultants, to Lori Rush of Rush
Consulting Services, dated December 16, 2009, regarding the Polkville Waterline Extension project.
All voting aye, the motion was carried.
Councilman Leach made a motion, seconded by Councilman Rocco, to receive and file
correspondence from Aimee Milks, Thoma Development Consultants, to Christina Chamberlain,
USDA Rural Development, dated December 16, 2009, regarding a revised "Form E, budget" for the
Polkville Waterline Extension project (prepared by Clough Harbour & Associates). All voting aye,
the motion was carried.
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JANUARY 06, 2010 TOWN BOARD MEETING PAGE 7
Councilman Rocco made a motion, seconded by Councilman Proud, to receive and file
correspondence from Christina Chamberlain, USDA Rural Development, dated December 9, 2009,
regarding the grant application for the Polkville Waterline Extension project, as well as a letter sent
to Aimee Milks, Thoma Development Consultants, dated December 10, 2009, requesting additional
items with regard to the Polkville Waterline Extension project. All voting aye, the motion was
carried.
�.. - Councilman Rocco made a motion, seconded by Councilman Proud, to receive and file
correspondence from Christina Chamberlain, USDA, dated December 16, 2009, regarding the
Preliminary Engineering Report Review for the Polkville Waterline Extension project. All voting
aye, the motion was carried.
Councilman Rocco made a motion, seconded by Councilman Leach, to receive and file
correspondence from Rich DeGuida, Clough Harbour & Associates to Cathy Barone, NYS DEC,
dated December 16, 2009, regarding the Preliminary Engineering Report for the proposed NYS
Route 13 Sewer Rehabilitation project. All voting aye, the motion was carried.
Councilman Rocco made a motion, seconded by Councilman Leach, to receive and file
correspondence from John Helgren, Cortland County Health Department, dated December 16,
2009, regarding the proposed NYS Route 13 Rehabilitation project and his comments on the
proposed sewer replacement project. All voting aye, the motion was carried.
RESOLUTION #17 AUTHORIZE SUPERVISOR TO SIGN THE OWNER -
OCCUPIED LOAN AGREEMENT BETWEEN THE TOWN AND
ROBERT AND ELIZABETH LISENBY FOR THE 2008 HOME
GRANT SENIOR HOUSING REHABILITATION PROGRAM
Motion by Councilman Proud
Seconded by Councilman Rocco
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize the Supervisor to sign the Owner -
Occupied Loan Agreement between the Town of Cortlandville and Robert and Elizabeth Lisenby,
1497 Saunders Road, Cortland, New York, for a 100% deferred loan for the 2008 HOME Grant -
Senior Housing Rehabilitation Program in the amount of $25,582.00.
Councilman Rocco made a motion, seconded by Councilman Leach, to receive and file
correspondence from Attorney John Folmer to Village of McGraw Attorney, David Hartnett, dated
December 18, 2009, regarding the pedestrian footbridge on Academy Street in the Village of
McGraw, and the extended deadline of January 31, 2010 for removal of the footbridge. All voting
aye, the motion was carried.
Attorney Folmer informed the Board he did not receive communication from the Village of
McGraw regarding the letter he sent. The Board agreed that if a response was not received by the
deadline, the Town would take steps towards the permanent removal of the footbridge.
Councilman Proud made a motion, seconded by Councilman Testa, to receive and file the
Community Development Block Grant — Economic Development grant application packet for
Pyrotek, Inc., prepared by Thoma Development Consultants, dated November 20, 2009. All voting
aye, the motion was carried.
There was discussion regarding correspondence from New York State and Local Retirement
System regarding the new regulation for reporting retirement service credit for elected and
appointed officials, and the additional requirements for officials and employers (effective August
12, 2009). The regulations apply to officials who are members of the Retirement System.
Supervisor Tupper apprised the Board that more documentation was being required now than in the
past. The topic would be discussed at the January 7, 2010 Department Head meeting.
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JANUARY 06, 2010 TOWN BOARD MEETING PAGE 8
Attorney Folmer added that the Town Board adopted a resolution on July 21, 1999
establishing the standard workday for elected and appointed officials. The Board was required to
adopt another resolution to establish the workday. He suggested the Board reaffirm the 1999
resolution.
Town Clerk Snyder apprised the Board she provided literature from the New York State and
Local Retirement System to the Supervisor's office, which included an example of how to record
hours, frequently asked questions, and the "decision tree" which explained the timeline of reporting
work -related activities. For example, if an appointed/elected term of office begins January 1st, the
log should be completed by May 30th and submitted to the Town Clerk by June 29th. Discussion on
the matter would continue at a later date.
Councilman Proud made a motion, seconded by Councilman Rocco, to receive and file
correspondence from New York State and Local Retirement System, dated December 2009,
regarding reporting retirement service credits for elected and appointed officials, and additional
requirements for officials and employers. All voting aye, the motion was carried.
Councilman Proud made a motion, seconded by Councilman Leach, to receive and file
correspondence from NYS Division of Housing and Community Renewal, dated December 23,
2009, regarding a "desk audit" for the NYS HOME Program Grant awarded to the Town. All
voting aye, the motion was carried.
Councilman Leach made a motion, seconded by Councilman Proud, to receive and file
correspondence from State of New York Office of Real Property Services (ORPS), dated December
23, 2009, regarding the 2010 Reappraisal Project for the Town and the work accomplished and in
progress for the project, as monitored by ORPS. All voting aye, the motion was carried.
Councilman Testa made a motion, seconded by Councilman Leach, to receive and file
correspondence from Time Warner Cable, dated December 28, 2009, regarding rate changes
effective February 1, 2010. All voting aye, the motion was carried.
Councilman Proud made a motion, seconded by Councilman Testa to receive and file the
following correspondence from Richard DeGuida, Clough Harbour & Associates (CHA) with
regard to the Town of Cortlandville Waterline Extension Project to Polkville: 1) CHA to
Christina Chamberlain, USDA Rural Development dated December 23, 2009, pertaining to the
Preliminary Engineering Report; 2) CHA to John Helgren, Cortland County Health Department,
dated December 23, 2009 indicating delivery of the plans and specs for the project for review
and approval; 3) CHA to Water & Sup't. Peter Alteri, Jr., Town of Cortlandville, dated
December 31, 2009 regarding the final design plans and specifications for the project for Sup't.
Alteri and Town Engineer Smith's review. All voting aye, the motion was carried.
RESOLUTION #18 ADOPT ORDER FOR A PUBLIC HEARING TO INCREASE
AND IMPROVE FACILITIES OF THE TOWNWIDE WATER
DISTRICT, IN THE TOWN OF CORTLANDVILLE, IN THE
COUNTY OF CORTLAND, NEW YORK, PURSUANT TO
SECTION 202-B OF THE TOWN LAW
Motion by Councilman Proud
Seconded by Councilman Testa
VOTES: Supervisor Tupper Aye
Councilman Testa Aye
Councilman Rocco Aye
Councilman Proud Aye
Councilman Leach Aye
ADOPTED
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JANUARY 06, 2010 TOWN BOARD MEETING PAGE 9
WHEREAS, the Town Board of the Town of Cortlandville (herein called the "Town"), in the
County of Cortland, New York, on behalf of the Townwide Water District (herein called the
"District"), has caused an engineer duly licensed by the State of New York (the "Engineer") to
prepare a preliminary map and plan for the increase and improvement of facilities of the District,
consisting of the rehabilitation of the Terrace Road well, including ancillary work in connection
therewith; and pursuant to the direction of the Town, the Engineer has completed and filed with
the Town Board such map and plan for said increase and improvement of facilities of the District
and, -has estimated the total cost thereof to be $300,000; and
WHEREAS, the Town Board and the Town have complied in every respect with all applicable
federal, state and local laws and regulations regarding environmental matters, including
compliance with the New York State Environmental Quality Review Act ("SEQRA"),
constituting Article 8 of the Environmental Conservation Law and, in connection therewith, the
Town Board has determined that the proposed increase and improvement of facilities of the
District is a Type Il action for purposes of SEQRA and no further act or determination is
required for SEQRA purposes;
Now, therefore, be it
ORDERED, that a meeting of the Town Board of the Town be held at the Raymond G. Thorpe
Municipal Building, 3577 Terrace Road, Cortland, New York, on the 20th day of January, 2010
at 5:00 o'clock P.M. (Prevailing Time) to consider said increase and improvement of facilities of
the District and to hear all persons interested in the subject thereof concerning the same and for
such other action on the part of the Town Board with relation thereto as may be required by law;
and be it,
FURTHER ORDERED, that the Town Clerk publish at least once in the "The Cortland
Standard," hereby designated as the official newspaper of the Town for such publication, and
post on the sign board of the Town maintained pursuant to subdivision 6 of Section 30 of the
Town Law, a Notice of such public hearing certified by said Town Clerk, the first publication
thereof and said posting to be not less than ten (10) nor more than twenty (20) days before the
date of such public hearing.
No further comments or discussion were heard.
Councilman Proud made a motion, seconded by Councilman Testa, to adjourn the
Regular Meeting. All voting aye, the motion was carried.
The meeting was adjourned at 5:40 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 January 20, 2010.
The final version of this meeting was approved as written at the Town Board meeting of May 5, 2010.