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HomeMy WebLinkAbout11-03-2010NOVEMBER 03, 2010 5:00 P.M. 171 PUBLIC HEARING NO. 1 2011 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 2011 Preliminary Budget. Members present: Supervisor, Richard C. Tupper Councilman, Theodore V. Testa Councilman, Ronal L. Rocco Councilman, Gregory K. Leach Town Clerk, Karen Q. Snyder, RMC Absent: Councilman, John C. Proud 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 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. Councilman Rocco thanked Supervisor Tupper for the many hours of work he spent on the 2011 Budget. Councilman Testa commented that the 2011 Budget was the 71h year of not raising Town taxes. He thanked all Department Heads for their work on the budget as well. Supervisor Tupper stated the Town has been careful with its expenditures and has been fortunate with revenue and growth in the Town. No further comments or discussion were heard. The Public Hearing was closed at 5:02 p.m. 1 NOVEMBER 03, 2010 5:02 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, Gregory K. Leach Town Clerk, Karen Q. Snyder, RMC Absent: Councilman, John C. Proud 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. He congratulated all the 2011 election winners and thanked all those who ran for public office. Councilman Testa made a motion, seconded by Councilman Rocco, to approve the Draft Town Board Minutes of October 20, 2010 as submitted. All voting aye, the motion was carried. Councilman Rocco made a motion, seconded by Councilman Leach, to receive and file the Cortlandville Planning Board Minutes of July 27, 2010, August 31, 2010, and September 28, 2010. All voting aye, the motion was carried. Councilman Rocco made a motion, seconded by Councilman Leach, to receive and file the Cortlandville Zoning Board of Appeals Minutes of August 31, 2010, and September 28, 2010. All voting aye, the motion was carried. RESOLUTION #190 AUTHORIZE SUPERVISOR TO SIGN PURCHASE ORDER #0080 Motion by Councilman Leach Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to sign Purchase Order #0080 submitted by Town Water & Sewer Sup't. Peter Alteri for new IPERL water meters to replace broken water meters, from E.J. Prescott Inc., for the total cost of $7,187.04. RESOLUTION #191 AUTHORIZE PAYMENT OF VOUCHERS—NOVEMBER Motion by Councilman Leach Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED BE IT RESOLVED, the vouchers submitted have been audited and shall be paid as follows General Fund A Vouchers #571 - 585 $ 83,200.37 General Fund B B130 - B135 $ 858.99 Highway Fund DB D422 - D440 $285,493.43 Special Grants C35 - C35 $ 650.00 Water Fund W239 - W254 $ 93,174.65 Sewer Fund S 101 - S 103 $ 77,455.16 Capital Project H156 - H158 $ 1,179.75 1 1 173 NOVEMBER 03, 2010 TOWN BOARD MEETING PAGE 2 made. Supervisor Tupper offered privilege of the floor to those in attendance. No requests were Councilman Testa stated there is a problem at the Cortland County Airport. He requested the Board send a letter to the County Legislative Chairman asking him to place a Town of Cortlandville Legislator on the committee to keep the Town Board and its residents informed. He suggested that Legislator Susan Briggs act as the representative. Councilman Rocco agreed that the Town needs representation with regard to the airport. He spoke with Legislator Dave Fuller, Chairman of the Highway Committee, who agreed to have Legislator Briggs as a representative for the Town. Legislator Briggs recommended resident Kevin Mack as a possible representative. Mr. Mack was very familiar with the happenings of the airport as the County purchased his house on Fercor Drive ,for the airport. Councilman Rocco was adamant that the Town should have representation for any issues concerning the airport. He suggested the Town also ask to receive correspondence from the County regarding anything going on at the airport. Supervisor Tupper was pleased to hear that Legislator Briggs would be welcomed on the committee since the airport is in the middle of her legislative district. He agreed it was important for the Town to stay informed. Councilman Testa questioned whether the Town could have two committee members, both Mr. Mack and Mrs. Briggs. Supervisor Tupper would send a letter to the County Chairman regarding representation for the Town on the ad -hoc committee for the airport. The monthly reports of the Town Clerk, Supervisor, and Water & Sewer Department for the month of October 2010 were on the table for review and are filed in the Town Clerk's Office. Councilman Testa made a motion, seconded by Councilman Leach, to receive and file the adopted 2011 Operating Budget of the Cortlandville Fire District, as well as correspondence from Scott Roman, District Treasurer, dated October 22, 2010, regarding the budget for the Fire District. All voting aye, the motion was carried. Supervisor Tupper apprised the Board that the Fire District made significant cuts from their original proposal. The Town asked the Fire District early on not to raise taxes. The 2011 Operating Budget increased less than $3,000 from the 2010 budget. Supervisor Tupper would send a letter to the Fire District complimenting them for their hard work on the budget. Councilman Leach commented on the construction of Cortlandville Fire Station #2 in Polkville and its good-looking appearance. Town Clerk Snyder presented the Board with a proposed Local Law for "Licensing, Identification, and Control of Dogs in the Town of Cortlandville" for their review. As discussed at prior meetings, the NYS Department of Ag. & Markets would no longer be handling a portion of the dog division and has forced local municipalities to take it over. The local law is one of the criteria necessary for the Town to take over dog control. Town Clerk Snyder explained that the local law must be adopted this year, to be effective January 1, 2011. RESOLUTION #192 SCHEDULE PUBLIC HEARING FOR LOCAL LAW OF 2010 — LICENSING, IDENTIFICATION AND CONTROL OF DOGS IN THE TOWN OF CORTLANDVILLE Motion by Councilman Rocco Seconded by Councilman Leach VOTES: ALL AYE ADOPTED BE IT RESOLVED, a Public Hearing shall be scheduled for December 1, 2010 at 5:00 p.m. regarding a proposed Local Law of 2010 for the "Licensing, Identification and Control of Dogs in the Town of Cortlandville." 1-7� NOVEMBER 03, 2010 TOWN BOARD MEETING PAGE 3 Town Clerk Snyder also drew the Board's attention to the proposed Resolution to establish fees regarding the control of dogs in the Town, which must also be adopted. Councilman Testa questioned where Town Clerk Snyder derived the fees from, and whether all municipalities had to adopt a local law by January 1st Town Clerk Snyder explained that with the new law, the Town must now pay for things such as dog tags and the mailing of renewals, which the State has always taken care of. All cities and towns in the State must implement a local law. Supervisor Tupper questioned whether the change was a part of the budgetary laws of 2010. He anticipated that a lot of small towns would not be able to comply with the new law. Town Clerk Snyder informed the Board the change was a part of the State's budget, which was passed in August 2010. The Town Clerk's Association hoped that Governor Patterson would extend the date for the change, however he did not. The State has been taking care of dog control since the early 1900s. Town Clerk Snyder apprised the Board that the Town Clerk's of Cortland County, including the City Clerk, have gathered for two meetings. All municipalities have their local laws drafted and public hearings scheduled. Also, all fifteen towns in the County, including the City of Cortland, should be in compliance by January 1st. Town Clerk Snyder planned to meet with the Town's Dog Control Officers from the SPCA, as well as the Director of the SPCA regarding their responsibilities. It is up to the municipality to dictate to the Dog Control Officers how they will manage certain things for the Town. Municipalities are still required to have dog control, Dog Control Officers, and a shelter. Attorney Folmer requested that Town Clerk Snyder include him at her meeting with the SPCA. The Board thanked Town Clerk Snyder and Attorney Folmer for their work on the proposed local law. On another note, Town Clerk Snyder apprised the Board the Town Clerks of Cortland County, including the City of Cortland, created a Municipal Clerk Association for Cortland County for the first time, and also elected its board. The Association would also include the Village Clerks and Tax Collectors of the County. Town Clerk Snyder was proud of her comrades for coming together as an association. Councilman Rocco announced that the SPCA was holding a fundraising event at the SUNY Cortland Alumni House on Saturday, November 6, 2010. He encouraged Members of the Board and the community to attend the event. Attorney Folmer reported: Town Planning Board Summary: Attorney Folmer presented the Board with the 2010 Town Planning Board Summary of Actions from Planning Board Member Nick Renzi. Alternate Planning Board Member: Attorney Folmer apprised the Board it was suggested at the last Town Planning Board Meeting that the Town Board consider appointing an Alternate Member of the Planning Board in the event that a Member is away or ill. Section 27 of Town Law has been amended to say that alternate members may be appointed if there is a conflict of interest. However, there is an Opinion of the Attorney General from 1999 indicating that under certain circumstances the Board may appoint an Alternate Member to serve, not necessarily for a conflict of interest, but in case a Member would be absent for a particular meeting. Attorney Folmer thought the Opinion, written by James D. Cole, was a sound opinion. Attorney Folmer questioned whether the Board would like him to pursue drafting a local law to appoint an Alternate, and to research how the Town would operate payment etcetera. Originally, it was thought that the Alternate would have to attend every Planning Board Meeting regardless of whether or not his/her vote was needed, and to be paid for attendance. While there are funds available to cover the expense, Planning and Zoning Officer Bruce Weber found a guideline that states it is not required for the Alternate to attend every meeting as long as he/she familiarizes him/herself with the matters he/she would act upon. .17.5 NOVEMBER 03, 2010 TOWN BOARD MEETING PAGE 4 Councilman Rocco questioned whether the Board could expand the size of the Planning Board and appoint a sixth member to act at every meeting. Attorney Folmer apprised the Board the Statute that allows the appointment of a Planning Board, allows the appointment of five or seven members, primarily for voting purposes. The Chair of the Planning Board votes in the event of a tiebreaker. Councilman Testa stated the Board should take some time to look into and discuss the matter. Supervisor Tupper commented that the sixth person would not have a vote as long as the five original members are in attendance. Attorney Folmer stated that if the Alternate is going to serve on the Planning Board for any particular instance, the Chairman of the Board must include in the minutes that Alternate Member "X" is acting in place of Member "Y". Supervisor Tupper stated the process sounded complicated, but was attainable. There are several members of the Planning Board who sometimes have long-term absences. Attorney Folmer stated it might be easier for a Planning Board Member to recuse him/herself in a vote if an Alternate was available to take his/her place. It becomes awkward for a person to recuse him/herself if there are going to be a limited number of people in attendance to vote. Councilman Rocco stated his only concern was that an Alternate might not be familiar with an on -going application, yet he/she would be able to vote on it. Attorney Folmer reiterated that a Planning Board Member does not have to be at every meeting in order to vote. He/she must only familiarize him/herself with the materials in order to vote. Attorney Folmer stated the Town Planning Board is very proactive. He anticipated that if a Member knew that he/she would not be in attendance for a couple of meetings, the Member would ask the Alternate to sit in. The Board agreed that Attorney Folmer should pursue drafting a local law. Tax Certiorari Proceedings: Attorney Folmer apprised the Board he had a scheduled phone conference with Judge Rumsey and two attorneys for Friday, November 5, 2010 at 3:00 p.m. to discuss the compromise of two tax certiorari proceedings. There was discussion regarding correspondence from the USDA regarding the Grant for the NYS Route 13 Sewer Rehabilitation Project. The USDA changed its rules and is requiring more material from the Town. Supervisor Tupper suspected the Route 13 Sewer Project was 2-3 years away from receiving funding for the project. He questioned Town Clerk Snyder whether the Town or Clough Harbour & Associates (CHA) completed the required list of materials from the USDA. If the materials were not complete, they must be completed in order for the Town to remain on the USDA's list for the grant. Town Clerk Snyder was not sure whether or not the documents were complete. She recalled that CHA completed a preliminary report and also completed budget Form-E for the project. She also recalled that Thoma Development Consultants was involved in the project. Councilman Leach questioned whether the Board could look into the matter and ask CHA how much more it would cost to complete the documents. Supervisor Tupper reminded the Board that they sent a letter to CHA directing them to stop spending money on the Route 13 Project. The Town hasn't spent any more time or effort on the project recently. Councilman Testa questioned the area of Route 13 that the project would cover. Supervisor Tupper recalled the project would replace the 1960s sewer line from Wal- Mart down Route 13 to the City line. He noted that the Town is considering replacing a section of the Route 13 sewer line that is in bad condition in 2011. Attorney Folmer questioned what CHA had accomplished prior to being told to stop working on the project. Supervisor Tupper indicated that the preliminary engineering report was complete. He stated the question was how much more does the Town want to spend for a project that may or may not occur three years from now. Supervisor Tupper would contact CHA and ask that they review the correspondence from the USDA and report back. Councilman Rocco made a motion, seconded by Councilman Leach, to receive and file correspondence from the United States Department of Agriculture (USDA), Rural Development, dated October 20, 2010, regarding the Town's initial grant application for the NYS Route 13 Sewer Rehabilitation Project. All voting aye, the motion was carried. NOVEMBER 03, 2010 TOWN BOARD MEETING PAGE 5 RESOLUTION #193 AUTHORIZE SUPERVISOR TO SIGN GRANT DISBURSEMENT AGREEMENT BETWEEN DORMITORY AUTHORITY OF THE STATE OF NEW YORK AND THE TOWN OF CORTLANDVILLE FOR THE NEW YORK STATE ECONOMIC DEVELOPMENT ASSISTANCE PROGRAM FOR FOR TED TESTA PARK (STARR ROAD PARK) 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 sign the Grant Disbursement Agreement in the amount of $250,000 between Dormitory Authority of the State of New York and the Town of Cortlandville for the New York State Economic Development Assistance Program for Ted Testa Park (Starr Road Park). Supervisor Tupper explained the Town's $250,000 grant for construction of the handicap bathroom and concession stand at the Ted Testa Park in 2008 would be paid for once the appropriate forms have been completed. He hoped the Town would receive the money by the end of the year. RESOLUTION #194 APPOINT THOMAS A. WILLIAMS AS FULL-TIME CODE ENFORCEMENT OFFICER FOR THE TOWN OF CORTLANDVILLE Motion by Councilman Rocco Seconded by Councilman Leach VOTES: ALL AYE ADOPTED WHEREAS, per Resolution # 160 of 2010, adopted September 1, 2010, the Town Board appointed Thomas A. Williams for the full-time position of Code Enforcement Officer for the Town of Cortlandville, and WHEREAS, Mr. Williams has since completed the 8-week probationary period, therefore BE IT RESOLVED, the Town Board does hereby authorize the appointment of Thomas A. Williams of 2 Bedford Street, Homer, New York, for the full-time position of Code Enforcement Officer for the Town of Cortlandville in accordance with the Civil Service Law and Rules. Supervisor Tupper thanked Highway Sup't. Bush for helping the City of Cortland with mowing at some of the City parks. Supervisor Tupper apprised those in attendance that the Town has been discussing its water and sewer rates. The Town brought in an auditor to review the water and sewer rates, revenues, and expenses over the last 20 years. The Town has a revenue shortage in both water and sewer. Changes were made to the water and sewer budgets for 2011, however the auditor is recommending the Town increase revenue for water and sewer, which would mean a rate increase. Councilman Proud had been meeting with Water & Sewer Sup't. Alteri and Town Clerk Snyder to discuss rates. Supervisor Tupper was confident they would arise at figures for a rate change. He questioned when Town Clerk Snyder would have to notify customers of the rate change. Town Clerk Snyder informed the Board she notified customers of past rate changes as a matter of courtesy on their billing cards. A note could be included on the January billing cards to notify customers of a rate increase for the 1" Quarter Billing of 2011. Supervisor Tupper apprised the Board that according to the Town Bookkeeper, the Town has used between $600,000 and $700,000 of water and sewer surplus funds over the past five years rather than increasing rates. According to the auditor the Town could not continue to do such. Instead, whatever it costs to run water and sewer is how much revenue the Town should generate per year. NOVEMBER 03, 2010 TOWN BOARD MEETING PAGE 6 177 No further comments or discussion were heard. Councilman Rocco made a motion, seconded by Councilman Testa, to adjourn the Regular Meeting. All voting aye, the motion was carried. The meeting was adjourned at 5:45 p.m. n 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 onNovember 10, 2010. The final version of this meeting was approved as written at the Town Board meeting ofNovember 17, 201i 1 1