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HomeMy WebLinkAbout01-06-201001_ 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. OZ JANUARY 06, 2010 TOWN BOARD MEETING PAGE 2 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. 1 1 1 03 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. e4 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. os- 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 ■ 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. 1 1 1 07 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. E 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 IS 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.