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HomeMy WebLinkAbout09-15-2010IH 7 SEPTEMBER 15, 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 C.Tupper Councilman, Theodore V. Testa Councilman, John C. Proud Councilman, Gregory K. Leach Town Clerk, Karen Q. Snyder, RMC Absent: Councilman, Ronal L. Rocco Others present were: Town Attorney, John Folmer; Barbara Leach; News Reporters, Scott Conroe 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 Leach, to receive and file the Cortlandville Planning Board Minutes of June 29, 2010. All voting aye, the motion was carried. Councilman Proud made a motion, seconded by Councilman Leach, to receive and file the Cortlandville Zoning Board of Appeals Minutes of June 29, 2010. All voting aye, the motion was carried. RESOLUTION #161 AUTHORIZE SUPERVISOR TO SIGN PURCHASE ORDER #0113 Motion by Councilman Leach Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to sign Purchase Order #0113 submitted by Town Engineer, Hayne Smith for interior walls (stucco) for the Terrace Road pump house, from Gary Davis Masonry, for the total cost of $5,117.50. RESOLUTION #162 AUTHORIZE SUPERVISOR TO SIGN PURCHASE ORDER 41116 Motion by Councilman Leach Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to sign Purchase Order #1116 submitted by Town Highway Sup't. Carl Bush for the purchase of asphalt and stone from Suit-Kote Corporation, to cover all asphalt and stone for year 2010 RESOLUTION #163 AUTHORIZE SUPERVISOR TO SIGN PURCHASE ORDER #1117 Motion by Councilman Leach Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to sign Purchase Order #1117 submitted by Town Highway Sup't. Carl Bush for the purpose of cutting trees, grinding stumps, and removal of debris on Highland Road, Blodgett Mills Road, Stupke Road, Bennie Road, and Walden Oaks Blvd., from Stub's Tree Service, for the total cost of $5,600.00. 148 SEPTEMBER 15, 2010 TOWN BOARD MEETING PAGE 2 RESOLUTION #164 AUTHORIZE PAYMENT OF VOUCHERS — SEPTEMBER Motion by Councilman Proud 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 #484 - 503 $ 27,314.00 General Fund B B 113 - B 115 $ 4,098.91 Highway Fund DB D351 - D370 $ 33,205.99 Special Grants C31 - C33 $ 2,773.84 Water Fund W193 - W207 $ 11,913.72 Sewer Fund S87 - S93 $ 8,988.96 Capital Project H134 - H141 $ 6,888.34 Supervisor Tupper offered privilege of the floor to those in attendance. No requests were made. The monthly reports of the Town Justice and Town Supervisor for the month of August 2010 were on the table for review and are filed in the Town Clerk's Office. Under communications, Supervisor Tupper apprised the Board he received correspondence from Pamela Raney, Village Park Association, thanking Councilman Testa for making arrangements for the Village Park Board to use the Town conference room to discuss the recent fire that took place at the Village Park. Also under communications, Supervisor Tupper informed the Board he received a request from Jim Patterson, 3971 Fieldcrest Drive, to waive the sewer charge for 20,000 gallons of water used to fill his pool after having the liner replaced. Per calculations from the Town Clerk's office, there would be a $57.00 adjustment to the account if the Board authorized the request. Supervisor Tupper requested the Board discuss the matter, as well as a policy regarding pool fills so the Board does not have to discuss future requests at Town Board meetings. Councilman Proud apprised the Board he spoke with Water & Sewer Sup't. Alteri extensively regarding the issue. He stated the issue to be concerned with is that people pump out water for a variety of reasons, such as leaks. If a customer is on the sewer system, he is charged for whatever water went through the meter. In this case, Councilman Proud stated that water did not go into the sewer directly but may have gone into the sewer indirectly through infiltration. Anything that goes into the sewer is metered, and the Town is then billed by the City. Councilman Proud suggested the Board adopt a policy regarding pool fills to include the following: No sewer charges for water used to fill new pools; No sewer charges for a customer who replaces a pool liner and has documentation from the pool company of how many gallons of water were used to fill the pool. Supervisor Tupper questioned whether the Board would allow the Town Clerk's Office to make an adjustment without coming before the Board for approval. Town Clerk Snyder suggested the Board set a threshold for adjustments to be made by the Town Clerk. She felt the Board should be careful with adjustments, and should be cognizant of a check and balance system. She did not want it to appear to the auditors that the Town Clerk was doing adjustments without the Board's knowledge. Attorney Folmer suggested a threshold of $75.00. Supervisor Tupper stated the Board should have a written policy to stop requests such as Mr. Patterson's from going before the Board for approval. He stated that the requests are very time consuming to the staff and the Board. He agreed with Councilman Proud's suggestion to waive sewer charges for new pool fills and liner replacement fills, as well as the threshold of $75.00. Town Clerk Snyder informed the Board the October billing was not yet complete, and Mr. Patterson does not yet have a bill. Therefore, it would not be an adjustment or a refund. Because the billing is not complete, the consumption could be changed. Attorney Folmer suggested that he and Town Clerk Snyder draft a policy to present to the Board at the next Town Board meeting. Councilman Proud requested that he and Water & Sewer Sup't. Alteri also be involved in the discussion regarding a policy. 1 i` 9 SEPTEMBER 15, 2010 TOWN BOARD MEETING PAGE 3 RESOLUTION #165 AUTHORIZE TOWN CLERK TO ADJUST SEWER CHARGES FOR 3ID QUARTER BILLING OF JIM PATTERSON FOR PROPERTY LOCATED AT 3971 FIELDCREST DRIVE Motion by Councilman Proud Seconded by Councilman Testa VOTES: ALL AYE ADOPTED WHEREAS, a request was received from Jim Patterson, 3971 Fieldcrest Drive, to waive the sewer charges on 20,000 gallons of water used to fill his pool after the pool liner was replaced, and WHEREAS, due to the pool fill, water was not measured through the sewer lines, therefore BE IT RESOLVED, the Town Clerk is hereby authorized and directed to adjust the sewer charges for the 3rd Quarter Billing of Jim Patterson, 3971 Fieldcrest Drive, by 20,000 gallons, an adjustment of $57.00 to the sewer bill. Supervisor Tupper apprised the Board he received correspondence from Dr. J. Lee Ambrose regarding four parcels along Route 281 that have minimal assessments, but a lot of road frontage. Due to the amounts of road frontage there are large water & sewer benefit taxes on the lots, which are not build -able lots. Dr. Ambrose requested the Board remove the Water & Sewer Benefit Tax for the 2011 Town & County tax bill. Supervisor Tupper suggested Assessor Briggs review the request before the Board took any action. Councilman Testa noted that he already passed the correspondence on to Assessor Briggs. Town Clerk Snyder apprised the Board that one of the parcels, which Dr. Ambrose identified as having a frontage of 56 feet and is a parking lot, is actually the parking lot of the Cayuga Medical Center. As you enter Commons Ave., the medical building is located in the City of Cortland, and the parking lot is located in the Town. Town Clerk Snyder explained that the benefit tax for this particular parcel is based on consumption rather than on frontage. Although the Cayuga Medical Center is located in the City it is connected to Town utilities. No action was taken in order to allow Assessor Briggs time to review and comment on the request. Under new business, Town Clerk Snyder noted that she submitted the Draft Town Board Minutes of September 1, 2010 to the Board for their review. The draft minutes should be on the agenda to be approved at the next Town Board Meeting. RESOLUTION #166 ACKNOWLEDGE NOTIFICATION FROM THE STATE FOR FILING OF LOCAL LAW NO. 4 OF 2010 Motion by Councilman Proud Seconded by Councilman Leach VOTES: ALL AYE ADOPTED BE IT RESOLVED, the New York State Department of State acknowledged receipt of Local Law No. 4 of 2010 — "2010 Moratorium Law on Hydraulic Fracturing and/or Hydrofracking of the Town of Cortlandville", to be effective August 24, 2010. Supervisor Tupper thanked Attorney Folmer for being well prepared for their meeting today with representatives from the Brockway Museum regarding its grant. Attorney Folmer had no business to report. 15-0 SEPTEMBER 15, 2010 TOWN BOARD MEETING PAGE 4 There was discussion regarding the Aquifer Protection Permit application submitted by James and Robert Lucas, Empire Tractor. Supervisor Tupper mentioned that the application was submitted in 2009, but not acted on. The Board was in receipt of the Cortland County Planning Department's review dated September 10, 2010, as well as the application and review/recommendations from the County Planning Department and County Planning Board from 2009. Attorney Folmer commented that they were somewhat "fast -tracking the application" because the Lucas' are interested in breaking ground before the weather changes. He explained that the Board may conduct the Public Hearing, but may have to delay acting on the permit itself until all issues have been resolved. RESOLUTION #167 SCHEDULE PUBLIC HEARING FOR AQUIFER PROTECTION PERMIT SUBMITTED BY JAMES & ROBERT LUCAS, EMPIRE TRACTOR, FOR PROPERTY LOCATED ON NYS ROUTE 13 Motion by Councilman Proud Seconded by Councilman Leach VOTES: ALL AYE ADOPTED BE IT RESOLVED, a Public Hearing shall be scheduled for October 6, 2010 at 5:00 p.m. for the Aquifer Protection Permit application submitted by James and Robert Lucas, Empire Tractor, for property located on NYS Route 13, tax map #105.00-01-48.100. Councilman Leach made a motion, seconded by Councilman Testa, to receive and file correspondence from Time Warner Cable, dated September 1, 2010, regarding programming services. All voting aye, the motion was carried. Councilman Leach made a motion, seconded by Councilman Testa, to receive and file correspondence from the New York State Department of Transportation, dated September 2, 2010, notifying the Board that its request to reduce the speed limit on Stupke Road to 40 MPH was deemed appropriate. All voting aye, the motion was carried. Supervisor Tupper commented that the Board's request for the reduction in speed limit was handled very quickly, which was perhaps a result of the New York State Police report that accompanied it. Councilman Leach made a motion, seconded by Councilman Proud, to receive and file correspondence from the United States Department of Agriculture (USDA), Rural Development, dated September 2, 2010, notifying the Town that its Polkville Waterline Extension Project would be transitioned to its annually appropriated fiscal year allocation. All voting aye, the motion was carried. There was discussion regarding correspondence from Karl Wendt regarding the accumulation of junk on property located on Kinney Gulf Road. Attorney Folmer commented on the situation, which has been an issue for a period of time; many complaints have been made regarding the property. CEO Williams and Attorney Folmer wrote a letter to the property owner, Lorrie White, and the tenant, Ed Teeter. Mr. Teeter responded by phone to CEO Williams, explaining he was going to have a sale. Once the sale is conducted, he would move the remaining items either inside or behind the barn. Councilman Testa made a motion, seconded by Councilman Proud, to receive and file correspondence from Karl H. Wendt, dated September 8, 2010, regarding the appearance of property located on Kinney Gulf Road and complaints of a "junk -yard". All voting aye, the motion was carried. -151 SEPTEMBER 15, 2010 TOWN BOARD MEETING PAGE 5 Although it had not been formally announced by local/national politicians, Supervisor Tupper acknowledged that the Town was approved for a loan and a grant for the Polkville Waterline Extension Project from the USDA Rural Development. The Town received confirmation of the loan and grant through correspondence from the Director of the USDA. Supervisor Tupper noted that the Town's application for funding was one of the last in the country to be approved. The Town will have three years to complete the project. Councilman Leach questioned when the project would commence. Supervisor Tupper explained there was quite a bit of paperwork to be completed by the Town Clerk and Bookkeeper before the project could commence. The USDA and Thoma Development Consultants were also helping the Town with the required documents. Supervisor Tupper stated they should be very pleased the Town received the funding. Councilman Proud made a motion, seconded by Councilman Leach, to receive and file correspondence from the United States Department of Agriculture (USDA), Rural Development, dated September 9, 2010, announcing that Rural Development approved a loan in the amount of $1,058,000 and a grant in the amount of $1,372,000 for the Town's Polkville Waterline Extension Project. All voting aye, the motion was carried. There was discussion regarding correspondence from the Office of the New York State Comptroller. The Town's Retirement Incentive Program was received, filed, and accepted by the State. The Town employee taking advantage of the program must file the retirement application no later than December 17, 2010. Councilman Testa made a motion, seconded by Councilman Leach, to receive and file correspondence from the Office of the New York State Comptroller, dated September 10, 2010, regarding the Town's participation in Part A of the Retirement Incentive Program, provided by Chapter 105, Laws of 2010. All voting aye, the motion was carried. Supervisor Tupper questioned Town Clerk Snyder how the Primary Election went. Town Clerk Snyder thought the election went smoothly, although she did not think that many voters participated in the primary. Councilman Proud questioned whether there were any problems with the computerized voting machines. Town Clerk Snyder was not aware of any problems, other than two voting booths being set up instead of one at the Raymond G. Thorpe Municipal Building. She thanked Supervisor Tupper for his assistance moving furniture in the meeting room. No further comments or discussion were heard. Councilman Testa made a motion, seconded by Councilman Leach, to adjourn the Regular Meeting. All voting aye, the motion was carried. The meeting was adjourned at 5:30 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 October 6, 2010. The draft version of this meeting was approved as written at the Town Board meeting of October 6,2010