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HomeMy WebLinkAbout12-15-2010ZO2- DECEMBER 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, Ronal L. Rocco Councilman, John C. Proud Councilman, Gregory K. Leach Town Clerk, Karen Q. Snyder, RMC Others present were: Town Attorney, John B. Folmer; Town Historian, Jeff Guido; 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 Testa, to approve the Draft Town Board Minutes of December 1, 2010. All voting aye, the motion was carried. RESOLUTION #212 AUTHORIZE SUPERVISOR TO SIGN PURCHASE ORDER #0114 Motion by Councilman Leach Seconded by Councilman Proud VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to sign Purchase Order 40114 submitted by Town Code Enforcement Officer, Tom Williams for the purchase of a modular desk unit from CNY Office Products in the amount of $5736.00. RESOLUTION #213 AUTHORIZE SUPERVISOR TO SIGN PURCHASE ORDER #1124 Motion by Councilman Leach Seconded by Councilman Proud VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby authorize and direct.the Supervisor to sign Purchase Order #1124 submitted by Highway Sup't. Carl Bush for the purchase of salt from Cargill Salt for the year 2010. RESOLUTION 9214 AUTHORIZE SUPERVISOR TO SIGN PURCHASE ORDER #1125 Motion by Councilman Leach Seconded by Councilman Proud VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to sign Purchase Order #1125 submitted by Highway Sup't. Carl Bush for the purchase of salt from Cargill Salt for the year 2011. RESOLUTION #215 AUTHORIZE SUPERVISOR TO SIGN PURCHASE ORDER #1126 Motion by Councilman Leach Seconded by Councilman Proud VOTES: ALL AYE ADOPTED 1 1 Z03 DECEMBER 15, 2010 TOWN BOARD MEETING PAGE 2 BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to sign Purchase Order #1126 submitted by Highway Sup't. Carl Bush for the purchase of cold patch from Suit-Kote Corporation to repair potholes, in the amount of $3,116.41. RESOLUTION #216 AUTHORIZE SUPERVISOR TO SIGN PURCHASE ORDER #1127 Motion by Councilman Leach Seconded by Councilman Proud VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to sign Purchase Order #1127 submitted by Highway Sup't. Carl Bush for the purchase of tires for the Loader off the state bid, from Tallmadge Tire, in the amount of $13,754.85. RESOLUTION #217 AUTHORIZE PAYMENT OF VOUCHERS — DECEMBER Motion by Councilman Rocco 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 #643 - 681 $ 30,436.37 General Fund B B 140 - B 148 $ 79,905.48 Highway Fund DB D488 - D507 $ 41,141.14 Special Grants C38 - C38 $ 5,503.80 Water Fund Sewer Fund W287 - W305 S 120 - S 122 $ $ 15,741.94 868.32 Capital Project H168 - H170 $ 389.19 Supervisor Tupper offered privilege of the floor to those in attendance. Town Historian, Jeff Guido apprised the Board he would present them with the 2010 Historian Report after January 1, 2011. He reported the following to the Board on his recent activities: - Spoke with John Hoeschele concerning cemeteries in Cortlandville - Photographs taken of the Grand Opening of Wal-Mart Supercenter - Would meet with Patricia Jordan, owner of Shipwreck Golf & Cones, to document the new facility - Research in the development in South Cortland - Discussions with Mr. Osbeck regarding farming Councilman Rocco suggested Mr. Guido become a member of the New York State Association of Historians, which proved to be a very helpful organization to him as the former Historian. Councilman Proud apprised the Board that on December 13, 2010 he, Water & Sewer Sup't. Alteri, Deputy Town Clerk, Chavonne LaPlant, the Sup't. of the Homer Water Department, and two representatives from E.J. Prescot, made a trip to the Town of Olean, New York to take a look at its water system. While the Town of Olean's water system is similar to the one the Town will install, there are many differences. The Town of Olean utilized a contractor to install its new system and encountered many problems, which the Town will not do. The Town of Olean's rate structure is also different, as they do not have a benefit tax system in place, and their minimum quarterly bill is $80.00. The Town of Olean also utilizes a different software program for billing, and actually changed vendors three times throughout their conversion. Councilman Proud mentioned that Olean has had problems with property owners not converting to the new system because they will not allow someone into their home to install the new meter. Olean was considering shutting the water off to such customers. Councilman Proud suggested the Town discuss how it will handle possible problems. z oq DECEMBER 15, 2010 TOWN BOARD MEETING PAGE 3 Councilman Rocco thanked Councilman Proud for his work regarding the new water meters. Councilman Proud acknowledged Water & Sewer Sup't. Alteri for his hard work on the conversion to the new system. He also noted the compliments given to Sup't. Alteri by the representatives from E.J. Prescott regarding how advanced the Town Water & Sewer Department is. Councilman Rocco apprised the Board he attended the last Cortland County Legislature meeting concerning the County Landfill. He updated the Board on some of the discussion and voiced his concerns. Supervisor Tupper encouraged Town residents to contact their County Legislators to voice their opinions/concerns. The monthly reports of the Town Clerk, Town Justice, and Supervisor for the month of November 2010 were on the table for review and are filed in the Town Clerk's Office. Town Clerk/Tax Collector Snyder apprised the Board the County Budget and Finance Committee met December 14, 2010 and adopted the proposed resolution for partial payments for tax collection, commencing January 2012. The resolution was forwarded to the full legislative body, which would meet December 16, 2010 at 6:00 p.m. Town Clerk Snyder was pleased that partial payments was moving forward to the Legislature. She noted that Legislator Kathy Arnold, who is also the Chair of the Budget and Finance Committee, was instrumental in the process. She also mentioned the power point presentation held in August 2010 at the Town, which was educational and helped Legislators understand partial payments. Attorney Folmer reported: Tax Certiorari Proceeding: Attorney Folmer apprised the Board the tax certiorari proceeding involving New Plan Realty and Gators Partnership was on the way towards a successful compromise of the action to avoid extended litigation. Attorney Folmer advised the Board the proposition would require an adjustment to taxes that have been paid for at least one year, the cost of which would be less than the cost of hiring a court certified appraiser. Polkville Waterline Extension Project: Attorney Folmer apprised the Board there continues to be an argument with the NYS Department of Environmental Conservation over what is considered to be a townwide water district in connection with the Polkville Waterline Extension Project. The Town received a communication from Rich DeGuida, Clough Harbour & Associates regarding the situation. With Town Clerk Snyder's assistance, Attorney Folmer believed they had information to provide to Mr. DeGuida for the DEC. Attorney Folmer stated he knew the Town dissolved the districts under the provisions of Section 209 of Town Law. He also knew that in 2009, Section 209-R of Town Law was repealed by the Legislature. However, "there is a specific provision that indicates that no dissolution of organization conducted under the previous statute is impacted by the repeal of the present statute." Attorney Folmer felt that the DEC expected to see the language "townwide district" in the documentation, and Section 209-R does not use that phrase anywhere. Section 209-R "talks in terms of providing the services of the prior districts as a town function, and that it will be paid for by town expense outside of the villages," which is what the DEC must understand. RESOLUTION #218 ESTABLISH SCHEDULE OF TOWN BOARD MEETINGS FOR THE YEAR OF 2011 Motion by Councilman Proud Seconded by Councilman Testa VOTES: ALL AYE ADOPTED 1 1 1 zos DECEMBER 15, 2010 TOWN BOARD MEETING PAGE 4 BE IT RESOLVED, the regular meetings of the Town Board of the Town of Cortlandville shall be held at the Raymond G. Thorpe Municipal Building, 3577 Terrace Road, Cortland, New York on the first and third Wednesday of each month at 5:00 p.m., with the exception of May 4`h and June I", in which the meetings will be held at 7:00 p.m., and if such day should fall on a holiday, the meeting shall be held the next business day, and it is further RESOLVED, the May 4, 2011 meeting will be held at the Community Building in the Village of McGraw, and the June 1, 2011 meeting will be held at the Blodgett Mills Independent Baptist Church in Blodgett Mills, both held at 7:00 p.m., and it is further RESOLVED, the Town Clerk shall have the meeting schedule posted in the newspaper in Legal Notice form. RESOLUTION #219 APPROVE HOLIDAY SCHEDULE 2011 Motion by Councilman Testa Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Following Holiday Schedule for the year 2011 is hereby approved as follows: Martin Luther King Jr. Day Monday January 17, 2011 President's Day Monday February 21, 2011 Good Friday Friday April 22, 2011 Memorial Day Monday May 30, 2011 Independence Day Monday July 04, 2011 Labor Day Monday September 05, 2011 Columbus Day Election Day Monday Tuesday October 10, 2011 November 08, 2011 Veterans Day Friday November 11, 2011 Thanksgiving Day Thursday November 24, 2011 Friday November 25, 2011 Christmas Monday December 26, 2011 RESOLUTION #220 ESTABLISH MILEAGE RATE FOR PERSONAL VEHICLES USED FOR TOWN BUSINESS FOR THE YEAR 2011 Motion by Councilman Rocco Seconded by Councilman Leach VOTES: ALL AYE ADOPTED BE IT RESOLVED, the mileage rate to be paid by the Town, for personal vehicles used for Town business, is hereby established at the Federal IRS mileage rate for the year 2011, at $.51 and is subject to audit by the Town Board, effective January 1, 2011. RESOLUTION 4221 AMEND 2002 PERSONNEL POLICY SECTIONS 902-A HEALTH INSURANCE/DENTAL INSURANCE, 903-A HEALTH AND DENTAL INSURANCE OF RETIRED EMPLOYEES, TO REFLECT CHANGES IN CONTRIBUTIONS EFFECTIVE JANUARY 1, 2011 Motion by Councilman Rocco Seconded by Councilman Proud VOTES: ALL AYE ADOPTED WHEREAS, due to an increase in health insurance and dental insurance costs, the Town Board determined it was appropriate to change the percent of contributions made by the Town and employees/retirees towards the cost of health insurance and dental insurance, therefore Zd60 DECEMBER 15, 2010 TOWN BOARD MEETING PAGE 5 BE IT RESOLVED, the Town Board does hereby amend the 2002 Personnel Policy Section 902- A — Health Insurance/Dental Insurance, by decreasing the Town's contribution towards the cost of health insurance and dental insurance for its eligible employees and their dependants from eighty-six (86) percent to eighty-five (85) percent, and to therefore increase the percent of the insurance premium that the employees are responsible for from fourteen (14) percent to fifteen (15) percent, and it is further RESOLVED, the Town Board hereby amends the 2002 Personnel Policy Section 903-A Health and Dental Insurance of Retired Employees, by decreasing the Town's contribution by one (1) percent to full-time employees, including elected officials, who retired from the Town and their eligible spouses, according to the following schedule: Years of Service Town's Contribution Retired Employees Contribution 10 years 45% 55% 15 years 55% 45% 20 years 65% 35% 25 years 75% 25% AND BE IT FURTHER RESOLVED, the changes to the Personnel Policy shall be effective January 1, 2011. RESOLUTION #222 AUTHORIZE SUPERVISOR TO TRANSFER THE 2010 UNEXPENDED RETIREMENT APPROPRIATIONS INTO THE RETIREMENT CONTRIBUTION RESERVE FUND Motion by Councilman Testa Motion by Councilman Rocco VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to transfer the 2010 Unexpended Retirement Appropriations from General Fund A in the amount of $534.00, into the Retirement Contribution Reserve Fund to be used for future retirement costs. RESOLUTION #223 AUTHORIZE SUPERVISOR TO TRANSFER A PORTION OF THE 2010 UNEXPENDED HIGHWAY APPROPRIATIONS INTO THE HIGHWAY EQUIPMENT CAPITAL RESERVE FUND Motion by Councilman Testa Motion by Councilman Proud VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to transfer a portion of the 2010 Unexpended Highway Appropriations into the Highway Equipment Capital Reserve Fund for future equipment purchases: $54,000.00 from DB201 into DB231. Councilman Proud made a motion, seconded by Councilman Leach, to receive and file correspondence from Assemblyman Brian Kolb, New York State Assembly, dated November 19, 2010, regarding the Town's request for the NYS DOT to return to the original timetable established for Phase Two of the planned reconstruction of Routes 13 and 281. All voting aye, the motion was carried. Councilman Proud made a motion, seconded by Councilman Rocco, to receive and file the following correspondence from New York State Homes & Community Renewal, regarding the New York State Community Development Block Grants: a) Request for Federal Assistance Expenditure Form, dated December 3, 2010; b) Annual Performance Report, dated December 3, 2010, and the Expenditures and Accomplishment Report, dated December 7, 2010, regarding the CDBG for Blodgett Mills; c) Annual Performance Report, dated December 3, 2010, and the Expenditures and Accomplishment Report, dated December 7, 2010, regarding the CDBG for Pyrotek. All voting aye the motion was carried. 1 1 1 ,207 DECEMBER 15, 2010 TOWN BOARD MEETING PAGE 6 Attorney Folmer stated he understood than members of the Board were concerned regarding property located on the corner of Lamont Circle and S. Lamont and the grant that has been processing through the legal system. He noted that Judge Ames gave his approval to the portion of the grant. CEO Williams received a letter from Thoma Development informing him that a meeting was scheduled for December 20, 2010 with the grant applicant, Melody Ladd, who was determined to be eligible for a grant. Supervisor Tupper informed those in attendance there were legal complications because the property is in a trust. However, Judge Ames resolved the matter. Councilman Leach made a motion, seconded by Councilman Proud, to receive and file the Notice of Incomplete Application from the New York State Department of Environmental Conservation to Rich DeGuida, Clough Harbour & Associates, received December 6, 2010, and supplemental correspondence received December 9, 2010, regarding the Polkville Waterline Extension Project. All voting aye, the motion was carried. Councilman Proud noted that a Fall 2010 bid date was originally anticipated for the Polkville Waterline Extension Project. Supervisor Tupper stated they were hoping that once the DEC gives permission a bid date could be established. He explained that the Town is lacking the written easements and permission from the DEC. Attorney Folmer indicated that the easements were prepared, but would not be signed until the project was approved, which the DEC agreed with. He explained that between the time the Town receives approval, goes out to bid, and has a pre -construction meeting, there would be time to get the easements signed. Councilman Proud stated that if Attorney Folmer felt he was not making progress with the DEC, perhaps the Board could take action to have "somebody lean on them over this legal question to do what it says in law and not what they want it to say." Attorney Folmer stated that there are many new people at the DEC who may be looking at what is now in existence as opposed to what was in existence twenty years ago. If Attorney Folmer could not provide the correct information to the DEC, he agreed that other action would have to be taken. Councilamn Rocco stated he understood that the DEC was downsizing, and questioned whether that would impede on Town's projects in 2011. Councilman Proud stated that the DEC has "a lot on their plate that they are required by law to take care of." He wondered if the DEC had the personnel to take care of all of their responsibilities. RESOLUTION #224 AUTHORIZE WATER & SEWER SUP'T. TO LET OUT TO BID FOR NEW SENSUS WATER METERS AND REMOTE TRANSCEIVERS Motion by Councilman Proud Motion by Councilman Leach VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby authorize and direct Water & Sewer Sup't. Alteri to let out to bid for new Sensus Water Meters and Remote Transceivers, and it is further RESOLVED, that the bids shall be opened at 2:00 p.m. on January 5, 2011 at the office of the Town Clerk, and shall be awarded at the January 5, 2010 Town Board Meeting at 5:00 p.m. Councilman Proud made a motion, seconded by Councilman Rocco, to receive and file correspondence from Lori Aiken, Village of McGraw Clerk, dated December 2, 2010, regarding the Village of McGraw Water System Improvement Project, SEQR Lead Agency Designation. All voting aye, the motion was carried. Attorney Folmer explained that the Town is not required to submit a response to the Village of McGraw regarding its project if the Town does not object. The Village is required by law to send notice to the Town regarding SEQR Lead Agency Designation. _•i DECEMBER 15, 2010 TOWN BOARD MEETING PAGE 7 Councilman Leach made a motion, seconded by Councilman Rocco, to receive and file correspondence from Time Warner Cable, dated December 1, 2010, regarding programming options. All voting aye, the motion was carried. Councilman Leach made a motion, seconded by Councilman Rocco, to receive and file correspondence from Time Warner Cable, dated December 10, 2010, regarding the Basic and Standard rates for the Town. All voting aye, the motion was carried. Councilman Testa made a motion, seconded by Councilman Leach, to receive and file correspondence from Thoma Development Consultants, dated December 7, 2010, regarding the Community Development Block Grant — Blodgett Mills — for Sally and Jerry Stevens. All voting aye, the motion was carried. There was discussion regarding the CDBG Home Grant awarded to Sally and Jerry Stevens to rehabilitate a two-family home in Blodgett Mills. Supervisor Tupper explained that the Stevens were required to rent to a low-income person if possible. However, after the work was done on the home, the apartment would not pass a CO; the apartment was not suitable. According to Thoma Development, in order to complete the grant, the apartment must be rented. Supervisor Tupper explained that a loan to the Stevens' of up to $15,000 would allow them to make the unit comply. If the Town approves the loan, the funds would be monitored by Thoma Development. Councilman Leach questioned how the CDBG grant money initially given to the Stevens' did not cover the costs of the project. Supervisor Tupper explained that initially Mr. Stevens and his son were going to rehabilitate the apartment while the rest of the home was rehabilitated with the CDBG funds. However, Mr. Stevens ran into financial problems and ended up not having the money to complete the repairs to the, apartment as expected. While Supervisor Tupper was nervous that the Stevens' would be completing the work utilizing a loan from the Town's program income fund, Thoma Development would be monitoring the funds assuring that they go into the property. Supervisor Tupper reminded the Board that Town Engineer, Hayne Smith would be retiring effective December 17, 2010. He requested the Board abolish the Full -Time Engineer Position and create a Part -Time Engineer Position. Supervisor Tupper informed the Board that negotiations were still being made regarding an hourly rate for the part-time position. RESOLUTION #225 AUTHORIZE SUPERVISOR TO ABOLISH THE FULL-TIME ENGINEER POSITION AND CREATE A PART-TIME ENGINEER POSITION Motion by Councilman Testa Seconded by Councilman Leach VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to abolish the Full -Time Engineer position and to create a Part -Time Engineer Position, effective December 17, 2010. There was discussion regarding the Zone Change Request submitted by Dr. J. Lee Ambrose. Attorney Folmer apprised the Board the County Planning Board met with regard to the application for a zone change, and that the Town Planning Board would meet December 28, 2010. Attorney Folmer explained that under the Zoning Ordinance, the Town Planning Board has the option of conducting a public hearing in connection with a zone request, while the Town Board is required to conduct a public hearing before it can approve/deny a zone change. At the November Planning Board Meeting, it was suggested that a public hearing be conducted by the Planning Board regarding the matter. Attorney Folmer apprised the Board it may be suggested that a joint public hearing be conducted by the Town Planning Board and Town Board in order to save on time and expenses. Neither Board would be required to act at the end of such public hearing, but could consider the request at its own deliberations and act appropriately thereafter. zo9 DECEMBER 15, 2010 TOWN BOARD MEETING PAGE 8 Councilman Rocco questioned whether the Board could make a decision tonight on whether or not they wanted to conduct a joint public hearing, and inform the Planning Board of their decision. He was concerned that if the Board did not conduct a public hearing separate from that of the Planning Board, it may limit the public's ability to attend the meeting and participate. He reminded the Board that he did not vote in favor of referring the zone change application to the Town and County Planning Boards for review, because the Town has reviewed a similar application in the past, and did not agree with the zone change. Attorney Folmer stated that Councilman Rocco opened discussion on the merits of the situation in advance of the appropriate time to do so. The Planning Board may decide not to conduct a public hearing, however if they decide to conduct a public hearing the question of having two hearings would then arise. Attorney Folmer stated he only wanted the Board to be aware that the situation could arise in the future. Supervisor Tupper stated that the Board is required to conduct a public hearing. If the Planning Board wants to make a request for a joint public hearing they could do so. Councilman Proud made a motion, seconded by Councilman Testa, to receive and file the recommendations from the Cortland County Planning Department, dated November 22, 2010, regarding the Zone Change Request submitted by Dr. J. Lee Ambrose/Cortland Diagnostic Imaging, for properties located on the north side of Kinney Gulf Road and at the end of Commons Avenue, tax map 486.09-01-21.000, 86.09-01-22.200, 86.13-01-14.110. All voting aye, the motion was carried. Councilman Leach made a motion, seconded by Councilman Testa, to receive and file correspondence from residents of Westmore Lane and the surrounding community, dated December 5, 2010, objecting to the Zone Change Request submitted by Dr. J. Lee Ambrose for properties located off Kinney Gulf Road and Commons Avenue. All voting aye, the motion was carried. There was discussion regarding the establishment of new water and sewer rates. Councilman Proud requested the Board authorize Town Clerk Snyder to add a note to the January billing cards to notify customers of a water and sewer rate increase effective with the 1 st Quarter Billing 2011, even though the new rates have not yet been determined. Councilman Proud apprised the Board that more time was needed to determine the increase. RESOLUTION #226 AUTHORIZE TOWN CLERK TO NOTIFY WATER AND SEWER CUSTOMERS OF A WATER AND SEWER RATE INCREASE EFFECTIVE WITH THE 1ST QUARTER BILLING 2011 Motion by Councilman Testa Seconded by Councilman Proud VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby authorize and direct the Town Clerk to notify water and sewer customers that there will be a water and sewer rate increase effective with the 1" Quarter Billing 2011 (billed April 1, 2011) by adding a note to the 4th Quarter water and sewer billing cards (billed January 1, 2011). RESOLUTION #227 SCHEDULE SPECIAL TOWN BOARD MEETING FOR DECEMBER 30, 2010 Motion by Councilman Proud Seconded by Councilman Leach VOTES: ALL AYE ADOPTED BE IT. RESOLVED, the Town Board does hereby schedule a Special Town Board Meeting for December 30, 2010 at 10:00 a.m. for the purpose of paying 2010 year-end bills. ZZo DECEMBER 15, 2010 TOWN BOARD MEETING PAGE 9 Supervisor Tupper questioned whether there was any other business to come before the Board. Councilman Rocco mentioned that the County Legislature formed an Airport Committee. He was pleased that there were three Cortlandville residents involved in the committee: John Crannage, Dan McNeil, and Legislator, Susan Briggs. While the committee would not be able to vote on matters, it would be able to forward suggestions to the County. 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 5:50 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 19, 2011. The final version of this meeting was approved as written at the Town Board meeting ofFebruary 2, 2011. 1 1 1