HomeMy WebLinkAbout10-20-20101(03
OCTOBER 20, 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, Ronal L. Rocco
Councilman, John C. Proud
Councilman, Gregory K. Leach
Town Clerk, Karen Q. Snyder, RMC
Others present were: Town Attorney, John Folmer; Town Highway Sup't. Carl Bush;
News Reporters, Jeremy Houghtaling 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 approve the Draft
Town Board Minutes of October 6, 2010 as submitted. All voting aye, the motion was carried.
RESOLUTION #178 AUTHORIZE SUPERVISOR TO SIGN
PURCHASE ORDER # 1119
Motion by Councilman Rocco
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 #1119 submitted by Town Highway Sup't. Carl Bush for repair to a shoulder
machine, from Midland Machinery, for the total cost of $5,413.61 (paid at October 6, 2010
TBM).
RESOLUTION 4179 AUTHORIZE SUPERVISOR TO SIGN
PURCHASE ORDER #1120
Motion by Councilman Rocco
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 #1120 submitted by Town Highway Sup't. Carl Bush for repair to the Volvo
Excavator brake system, from Vantage Equipment, for the total cost of $5,976.22 (paid at
October 20, 2010 TBM).
RESOLUTION #180 AUTHORIZE PAYMENT OF VOUCHERS — OCTOBER
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 #540 - 570
$
69,436.13
General Fund B
B 125 - B 129
$
5,23 9.60
Highway Fund DB
D406 - D421
$
30,512.31
Trust & Agency
T29 - T31
$
24,040.88
Special Grants
C34 - C34
$
1,100.00
Water Fund
W225 - W238
$
10,783.29
Sewer Fund
S97 - S 100
$
1,965.96
Capital Project
H153 - H155
$
126.38
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OCTOBER 20, 2010
TOWN BOARD MEETING
PAGE 2
made.
Supervisor Tupper offered privilege of the floor to those in attendance. No requests were
The monthly reports of the Town Justice and Town Supervisor for the month of
September 2010 were on the table for review and are filed in the Town Clerk's Office.
Supervisor Tupper apprised the Board the Town received a gift from resident, Nolan
McLaughlin. Mr. McLaughlin took photos of the Raymond G. Thorpe Municipal Building and
framed them to be displayed inside the municipal building. The Board thanked Mr. McLaughlin
for the nice gift.
RESOLUTION #181 SCHEDULE PUBLIC HEARING REGARDING THE 2011
PRELIMINARY BUDGET
Motion by Councilman Proud
Seconded by Councilman Leach
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, a Public Hearing is hereby scheduled to be held on November 3, 2010 at 5:00
p.m. regarding the 2011 Preliminary Budget, and it is further
RESOLVED, that copies shall be made available for distribution to the public on November 3,
2010.
RESOLUTION #182 SCHEDULE DATE TO ADOPT 2011 PRELIMINARY
BUDGET AS THE 2011 ADOPTED BUDGET
Motion by Councilman Rocco
Seconded by Councilman Leach
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board shall adopt the 2011 Preliminary Budget as the 2011 Adopted
Budget at the Regular Town Board Meeting on November 17, 2010 at 5:00 p.m.
Attorney Folmer reported:
Intermunicipal Agreement for Code Enforcement with the Town of Freetown:
Attorney Folmer discussed the contract agreement for code enforcement services between
the Town of Cortlandville and the Town of Freetown, which covers the services the Town CEO
provides to Freetown. The Town of Freetown pays a fee to the Town for such services. In
2008, 2009, and 2010 the fee has been $5,000.00. The Town of Freetown has increased the fee
to $5,500.00 for the year 2011. Attorney Folmer spoke with Attorney Don Armstrong who
represents the Town of Freetown, and made some revisions to the agreement. The agreement
will automatically renew for a period of one year at a time unless either the Town of
Cortlandville or the Town of Freetown terminates it. The provision for termination is a 30-day
notice period. The agreement also provides that compensation shall be fixed by resolution of the
two town boards. Attorney Folmer suggested the Board adopt a resolution authorizing the
Supervisor to execute the contract when it has been approved by the Town Board of the Town of
Freetown.
RESOLUTION #183 AUTHORIZE SUPERVISOR TO EXECUTE THE
INTERMUNICIPAL AGREEMENT BETWEEN THE TOWN
OF CORTLANDVILLE AND THE TOWN OF FREETOWN
FOR CODE ENFORCEMENT SERVICES
Motion by Councilman Rocco
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
OCTOBER 20, 2010 TOWN BOARD MEETING PAGE 3
BE IT RESOLVED, the Town Board does hereby authorize the Supervisor to execute the
Intermunicipal Agreement between the Town of Cortlandville and the Town of Freetown for Code
Enforcement Services, and it is further
RESOLVED, the agreement shall be executed when it has been approved by the Town Board of the
Town of Freetown.
Bennie Road Extension — Letter of Credit:
Attorney Folmer recalled that in connection with the construction of Bennie Road
Extension, the Town received a letter of credit from Wal-Mart to ensure that the punch -list items
were completed. Town Highway Sup't. Bush indicated that the punch -list items have been
satisfied. Attorney Folmer stated the only question that remained was whether or not there was a
warranty for the plantings within the Town right-of-way. The Town discussed the matter with
representatives from Wal-Mart, and was assured there is a one-year warranty from the general
contractor to Wal-Mart for the plantings. If there is a problem, the Town must bring it to the
attention of Wal-Mart, who would bring it to the attention of the general contractor. Attorney
Folmer indicated that the letter of credit could be released.
RESOLUTION #184 AUTHORIZE SUPERVISOR TO RELEASE LETTER OF
CREDIT TO WAL-MART
Motion by Councilman Proud
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
WHEREAS, on July 21, 2010 the Town of Cortlandville Town Board accepted the Bennie Road
Extension in dedication subject to Wal-Mart's post -dedication completion of certain punch -list
items, and
WHEREAS, the Town Board further conditioned the acceptance of dedication of the Bennie
Road Extension upon Wal-Mart's making an escrow payment of $50,000.00 to the Town to be
used as security for the completion of the Post -Dedication Work to be performed by Wal-Mart
within the Bennie Road Extension, and
WHEREAS, Wal-Mart agreed to make such escrow payment of $50,000.00 by delivering an
irrevocable letter of credit existing in favor of the Town, subject to the terms and conditions of
this Agreement, said amount representing Wal-Mart's total contribution to the cost of the Post -
Dedication Work, and
WHEREAS, per the Town Highway Superintendent, Wal-Mart has since completed the required
punch -list items and Bennie Road is complete, therefore
BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to release
the letter of credit for Wal-Mart in the amount of $50,000.00 as all obligations have been met for
the extension of Bennie Road, and it is further
RESOLVED, the Town Clerk shall return the original letter of credit along with a letter
addressed to the Bank stating the letter of credit can be terminated.
New Water Meters:
Attorney Folmer stated that in order to purchase and install new water meters throughout
the Town, the Board must transfer $150,000 from the Water Improvement Capital Reserve Fund
to the Water Operating Account, and $150,000 from the Sewer Improvement Capital Reserve
Fund to the Sewer Operating Account. Attorney Folmer drafted a resolution for adoption, which
provides that the sums transferred shall be utilized solely for the purchase and installation of new
water meters throughout the Town Wide Water & Sewer Districts. The resolution must also be
subject to a 30-day permissive referendum. He and Town Clerk Snyder would publish a legal
notice in the newspaper within the next 10 days indicating the Board adopted the resolution.
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OCTOBER 20, 2010 TOWN BOARD MEETING PAGE 4
Supervisor Tupper informed the Board that Water & Sewer Sup't. Alteri would purchase the
new IPERL computerized meters to replace all existing meters throughout the Town.
After reading the resolution presented by Attorney Folmer, Councilman Proud suggested the
resolution state that the funds shall be "utilized solely for the purchase and installation of new
water meters and related systems" rather than just for new meters. The Board agreed with the
change to the resolution.
Councilman Rocco questioned whether the Town would be able to detect leaks earlier than
they are currently able to. Supervisor Tupper apprised the Board the consumption could be
electronically checked daily or even hourly rather than on a quarterly basis, which is when readings
are currently done for billing.
Councilman Testa added that the towns of Skaneateles and Alexandria Bay currently utilize
the new IPERL meters and system. Councilman Proud indicated that although neither of the
municipalities have a complete system yet, he and Water & Sewer Sup't. Alteri were interested in
seeing their systems.
RESOLUTION #185 AUTHORIZE SUPERVISOR TO TRANSFER FUNDS FROM
THE WATER AND SEWER CAPITAL RESERVE FUND TO
THE WATER AND SEWER OPERATING ACCOUNTS FOR
THE PURCHASE AND INSTALLATION OF NEW WATER
METERS FOR THE TOWN
OF CORTLANDVILLE
Motion by Councilman Leach
Seconded by Councilman Proud
VOTES: ALL AYE ADOPTED
WHEREAS, the Town Board of the Town of Cortlandville has determined that it is in the best
interest of the Town to purchase and install new water meters and related systems throughout the .
Town Wide Water and Sewer Districts, and
WHEREAS, the Town Board has determined that the cost of such purchase and installation is a
proper use of the funds available in the Water and Sewer Capital Reserve Funds maintained by
the Town,
NOW THEREFORE, BE IT RESOLVED as follows:
1. The sum of $150,000.00 shall be transferred from the Water Improvement Capital
Reserve Fund to the Water Operating Account.
2. The sum of $150,000.00 shall be transferred from the Sewer Improvement Capital
Reserve Fund to the Sewer Operating Account.
3. The sums so transferred shall be utilized solely for the purchase and installation of
new water meters and related systems throughout the Town Wide Water and Sewer
Districts.
4. This resolution is adopted subject to Permissive Referendum as required by law.
There was discussion regarding the eligibility of Mary Cogswell to participate in the
Town's 2008 HOME Rehabilitation Program, as her son and nephew both work for the Town.
Attorney Folmer apprised the Board that he had researched the matter and came to the following
conclusion. Mrs. Cogswell lives at 751 Route 222 in the Town of Cortlandville, while her son
James lives in the Town of Cincinnatus, and her nephew David lives in the Town of Homer.
Therefore, there is no direct involvement between the residences with regard to improvements to
Mrs. Cogswell's residence. In addition, the employees of the Town Highway Department and
Town Water & Sewer Department have no decision -making ability or part in the decision -
making process.
Attorney Folmer drafted a letter to send to Thoma Development indicating that the Board
discussed the matter at tonight's meeting as required, and that the Board authorized Attorney
Folmer to respond as stated above. There is no conflict of interest that would prohibit Mrs.
Cogswell from participating in the HOME Rehabilitation Program.
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OCTOBER 20, 2010 TOWN BOARD MEETING PAGE 5
Councilman Rocco made a motion, seconded by Councilman Proud, to receive and file
correspondence from Bernie Thoma, Thoma Development Consultants, dated October 12, 2010,
regarding Mary Cogswell, 751 NYS Route 222, and participation in the Town's 2008 HOME
Rehabilitation Program. All voting aye, the motion was carried.
RESOLUTION #186 AUTHORIZE ATTORNEY FOLMER TO SEND A LETTER TO
THOMA DEVELOPMENT CONSULTANTS REGARDING
MARY COGSWELL AND PARTICIPATION IN THE 2008
HOME REHABILITATION PROGRAM
Motion by Councilman Testa
Seconded by Councilman Rocco
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize and direct Attorney Folmer to send a
letter to Thoma Development Consultants regarding Mary Cogswell, 751 NYS Route 222, and
participation in the 2008 HOME Rehabilitation Program.
There was discussion regarding Phase II of the Route 281/Route 13 Construction Project.
Supervisor Tupper informed the Board that he and Councilman Testa had a long conversation
with Senator Seward regarding the politics involved with how the Department of Transportation
funds state projects. Senator Seward suggested that if the Town considered the Route 281
project to be urgent for safety reasons, the Town could ask him to go through the chairs of the
DOT and ask that they reinstate the funding for the project at an earlier time. The project was
supposed to continue in 2011, but was pushed back to 2013.
Councilman Proud agreed it would be a good idea to adopt such resolution. He noted the
heavy traffic on Route 281, the amount of time it takes to travel the roadway, and safety
concerns.
Supervisor Tupper agreed and commented on the smooth and safe traffic flow on Route
13/Route 281 due to the completion of Phase I of the project. He stated that the NYS DOT had a
remarkable design that helped the flow of traffic immensely. Supervisor Tupper noted that I-81
was also an important factor, as motorists traveling from the Ithaca area can only access I-81 via
Route 13/Route 281, and vice -versa.
Councilman Rocco recalled that 25,000 to 30,000 motorists travel Route 281 daily, which
is more than the number of motorists traveling 1-81.
Councilman Testa added that residents of Blue Creek Road, Cosmos Hill Road, Hillside
Drive, Bell Drive, and Davinci Drive have a difficult time turning into their streets and onto
Route 281.
Supervisor Tupper suggested a copy of the resolution be sent to Senator Seward,
Congressman Arcuri, Assemblywoman Lifton, Assemblyman Kolb, and Assemblyman Finch.
RESOLUTION #187 RESOLUTION TO IMPLORE THE DEPARTMENT OF
TRANSPORTATION TO RETURN PHASE TWO OF THE
PLANNED RECONSTRUCTION OF ROUTES 13 AND 281 TO
THE ORIGINAL TIMETABLE ESTABLISHED FOR SUCH
PHASE
Motion by Councilman Proud
Seconded by Councilman Rocco
VOTES: ALL AYE ADOPTED
WHEREAS, the New York State Department of Transportation has completed Phase One of the
reconstruction of Route 281 and Route 13 in the Town of Cortlandville; and
WHEREAS, the Town Board of the Town of Cortlandville has been advised and believes that
Phase Two of the scheduled continuation of such reconstruction has been delayed until the year
2013; and
WHEREAS, such delay has created a hazardous condition in that the newly constructed highway
merges from a multi lane highway into a two lane highway; and
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OCTOBER 20, 2010 TOWN BOARD MEETING PAGE 6
WHEREAS, the planned reconstruction project was intended to provide a corridor running North
and South from the Southern boundary of the Town of Cortlandville to the entrance to Interstate
Route 81 in the Southern portion of the Town of Homer; and
WHEREAS, the Route 13 and Route 281 corridor is the sole means by which traffic from the
areas of Ithaca, Elmira and other locations to the South and West reach and utilize Interstate
Route 81;
NOW THEREFORE BE IT RESOLVED, that the Town Board of the Town of Cortlandville
respectfully implore the Department of Transportation to return Phase Two of the planned
reconstruction of Routes 13 and 281 to the original timetable established for such Phase to
alleviate the newly created safety concerns as well as making the flow of traffic from the South
and West to Interstate 81 efficient and safe for the traveling public;
AND BE IT FURTHER RESOLVED, that the Supervisor of the Town of Cortlandville is hereby
authorized to forward certified copies of this resolution to our elected representatives and to
those officials of the State of New York who can impact the decision making process as
requested herein.
Councilman Rocco commented on the new Super Wal-Mart, and questioned whether they
were restricted on selling coffee to customers. Attorney Folmer mentioned that the question
arose earlier this week and that he was looking into it. Employees and the public have
commented that they would like to be able to get a cup of coffee at the new store.
Supervisor Tupper apprised those in attendance that he and the Board had the opportunity
to attend the ribbon cutting for the Grand Opening of the new Family Health Network
Community Health Center in the Town of Cortlandville. The beautiful new facility was
constructed utilizing the bricks from the old Wickwire Building in the City of Cortland.
RESOLUTION #188 PROCLAMATION IN HONOR OF THE GRAND OPENING OF
THE NEW FAMILY HEALTH NETWORK COMMUNITY
HEALTH CENTER IN THE TOWN OF CORTLANDVILLE,
CORTLAND, NEW YORK, OCTOBER 20, 2010
Motion by Councilman Proud
Seconded by Councilman Rocco
VOTES: ALL AYE ADOPTED
WHEREAS, FAMILY HEALTH NETWORK is a non-profit, community -controlled health care
provider providing premium health care services to all, including the uninsured and medically
underserved people in Cortland and contiguous counties; and
WHEREAS, Community Health Centers expand access to quality health care for all people and
contain health care costs by fostering prevention and integrating the delivery of primary care
with aggressive outreach, patient education, translation and other enabling services; and
WHEREAS, FAMILY HEALTH NETWORK serves 17,000 patients annually in Cortland and
contiguous counties, offering comprehensive primary and preventative health care services; and
WHEREAS, many of New York State's community health centers are participating in disease
management projects aiming to reduce disparities, improve outcomes and control costs; and
WHEREAS, Community Health Centers aim to eliminate barriers to access health care and
improve the health status of underserved communities and populations with the aim of 100%
access and zero health disparities; and
WHEREAS, Community Health Centers, in the midst of economic turbulence, are expanding to
accommodate increased demand, treating more of our citizens, always regardless of insurance
status or ability to pay; and
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OCTOBER 20, 2010 TOWN BOARD MEETING PAGE 7
WHEREAS, there is a continuing need to support Community Health Centers in the Town of
Cortlandville and throughout the State of New York as part of a commitment to the provision of
quality primary health care;
NOW, THEREFORE, BE IT RESOLVED, RICHARD C. TUPPER, TOWN SUPERVISOR
does hereby proclaim the Grand Opening of the New Family Health Network Community Health
Center on this 20th day of October in the year 2010;
BE IT FURTHER RESOLVED, that citizens are encouraged to become aware of the accessible,
high -quality primary and preventive care and other services provided by Family Health Network
of Central New York, Inc. and all other Community Health Centers, also known as Federally
Qualified Health Centers;
BE IT FURTHER RESOLVED, that citizens are urged to recognize the important contributions
of Family Health Network of Central New York, Inc. and Community Health Centers in
improving health and the quality of life in the greater Cortland community;
BE IT FURTHER RESOLVED, that this Town of Cortlandville, Cortland, New York does
hereby recognize said contributions of the Community Health Centers, specifically Family
Health Network of Central New York, Inc., toward improving health and the quality of life.
RESOLUTION #189 ACCEPT RESIGNATION OF PATRICK O'DONNELL AS J
TOWN HIGHWAY DEPARTMENT EMPLOYEE
Motion by Councilman Leach
Seconded by Councilman Rocco
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby accept the letter of resignation to retire from
Patrick T. O'Donnell, Buildings & Grounds Laborer for the Town Highway Department,
effective October 8, 2010, with regret, and it is further
RESOLVED, that the resignation for retirement is hereby received and filed.
There was discussion regarding correspondence from the New York State Division of
Housing and Community Renewal. Supervisor Tupper apprised the Board the State conducted a
monitoring visit of the Town's HOME Program and found that the Town was in compliance with
the requirements of the grant.
Councilman Testa made a motion, seconded by Councilman Rocco, to receive and file
correspondence from the New York State Division of Housing and Community Renewal, dated
October 8, 2010, regarding the Town's HOME Grant Program. All voting aye, the motion was
carried.
There was discussion regarding correspondence from the NYS DOT regarding the I-81
Bridge Project. Supervisor Tupper apprised the Board that he and Highway Sup't. Bush attended
a meeting with the NYS DOT regarding replacing the I-81 Bridge over South Hill Road.
Highway Sup't. Bush was able to make some suggestions to the NYS DOT concerning the work
to be done.
Councilman Leach made a motion, seconded by Councilman Proud, to receive and file
correspondence from Joseph Flint, PE, New York State Department of Transportation, dated
October 18, 2010, regarding the I-81 Bridge Project to replace the I-81 Bridge over South Hill
Road. All voting aye, the motion was carried.
OCTOBER 20, 2010 TOWN BOARD MEETING PAGE 8
No further comments or discussion were heard.
Councilman Rocco 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 28, 2010.
The draft version of this meeting was approved as written at the Town Board meeting of November 3,
2010.
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