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HomeMy WebLinkAbout04-04-200793 APRIL 04, 2007 7:00 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, Edwin O'Donnell Councilman, Ronal L. Rocco Councilman, John C. Proud Town Clerk, Karen Q. Snyder Others present were: Town Attorney, John Folmer; Planning Board Member, Nick Renzi; Representatives of C.A.P.E.: Grace Meddaugh and Robert Rhodes; Sharon Stevens from Channel 2, Access TV; and News Reporter, Evan Geibel from the Cortland Standard. Supervisor Tupper called the meeting to order. RESOLUTION #67 AUTHORIZE PAYMENT OF VOUCHERS — APRIL Motion by Councilman Proud Seconded by Councilman O'Donnell 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 Water Fund Sewer Fund Capital Projects Special Grant Vouchers #185 - 213 $ 29,861.60 B 15 - B21 $ 15,342.14 D 102 - DI 18 $ 13,042.03 W53 - W59 $ 2,342.91 S20 - S22 $ 483.49 H27 - H27 $ 958.50 SG18 - SG19 $ 7,409.11 Supervisor Tupper offered privilege of the floor to those in attendance. No comments or discussions were heard. Monthly reports of the Town Clerk and Tax Collector for the month of March 2007, and for the Supervisor for the months of January, February and March 2007, were on the table for review and are filed in the Town Clerk's office. Under communications, Councilman and Historian Rocco reported that work commenced on the preservation of the Vogt Barn (old McGrawville College) in McGraw. The Vogt's received a grant from the State of New York to preserve the barn in the amount of $38,633.00. Under old business, Supervisor Tupper apprised the Board that he and Councilman Testa met with Clough Harbour & Associates LLP. and the New York State Department of Transportation (NYS DOT) on Friday, March 30, 2007, to discuss possible solutions for the drainage problems in the Bell Drive/Renaissance Development area. The State is not interested in funding any part of the project. Supervisor Tupper explained that the next step would be to schedule a meeting with Senator Seward and the NYS DOTs Regional Director, Mr. Ford, to have them look at the drainage issue. He hoped the Town could convince the State to help fund the drainage project in conjunction with the Route 281/13 Corridor Project. However, as long as water passes underneath the road without any difficulty, the State will not get involved in a possible solution to the drainage problem. 9 �{ APRIL 04, 2007 TOWN BOARD MEETING PAGE 2 Attorney Folmer reported: NYS Fire Code — Proposed Local Law: Attorney Folmer reported that at the next Town Board Meeting he would circulate a proposed local law dealing with a portion of the NYS Fire Code that the Board was mandated to adopt and add to the Town Code. Proposed Revised Zoning Ordinance: Attorney Folmer apprised the Board he met with Walt Kalina and Scott Smith from Clough Harbour & Associates, LLP. Mr. Kalina and Mr. Smith reviewed the proposed Revised Zoning Ordinance. Mr. Kalina would attend the April 18, 2007 Town Board Meeting to discuss the proposed ordinance. Attorney Folmer would provide the Board with a copy of the proposed ordinance to review before meeting with Mr. Kalina. Supervisor Tupper recalled that the Board tabled action on the proposed ordinance to tonight's meeting, however it was not discussed during old business. He requested a motion be made to discuss the proposed Revised Zoning Ordinance. Councilman O'Donnell made a motion, seconded by Councilman Rocco, to discuss the proposed Revised Zoning Ordinance. All voting aye, the motion was carried. RESOLUTION #68 TABLE ACTION ON LOCAL LAW OF 2007 — REVISED ZONING ORDINANCE Motion by Councilman O'Donnell Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board hereby tables action on the proposed Local Law of 2007 — Revised Zoning Ordinance, until the April 18, 2007 Town Board Meeting. Attorney Folmer requested the Board conduct an Executive Session to discuss pending litigation. Councilman Rocco requested that the Board be provided with desk calendars to be utilized at their meetings. Town Clerk Snyder agreed to have calendars purchased for the Board. There was discussion regarding Temporary Operating Authority for Time Warner. Supervisor Tupper explained that the Town has a representative, Christopher Poole, who attends the Cable Commission meetings. The cable contract lasts 10 years. Councilman Rocco commented that there were some big changes happening at the State level. The State would be taking over "the entire operation and take it away from the local municipalities because it is rather burdensome for them to go to each municipality." Sharon Stevans, from Access TV, Channel 2, explained that the changes were an effort by some of the competitors of the cable company. She explained that the FCC has suggested that changes be implemented. She further discussed the franchise agreement. The local contract is finished as far as the cable commission is concerned, and is pending approval. Councilman Rocco questioned how much revenue the Town receives, and whether the Town negotiates the fee. Supervisor Tupper thought the amount was over $100,000, but could not recall the exact amount. He explained that the Town receives a fixed fee negotiated by the Cable Commission. There is some question as to what the fee is based on. The Town receives no commission at all from Road Runner or cable telephones, which are huge revenues. The Town only receives revenue from cable television. Is I', 1 95- APRIL 04, 2007 TOWN BOARD MEETING PAGE 3 Councilman Testa made a motion; seconded by Councilman Rocco, to receive and file correspondence from Jaclyn A. Brilling, State of New York Public Service, dated March 26, 2007, regarding Temporary Operating Authority being granted to. Time Warner. All voting aye, the motion was carried. RESOLUTION #69 ACKNOWLEDGE RECEIVING NOTICE FOR PROPERTY DAMAGE Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby acknowledge, by receiving and filing, the Notice for property damage due to a water line break sustained by Mary Jane Warren for property located at 3633 Route 215 in the Town of Cortlandville. Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and file correspondence from Selective Insurance Company of America, dated April 3, 2007, to Wesley Warren, informing him that the Town of Cortlandville was not liable for his loss. All voting aye, the motion was carried. There was discussion regarding the water main break that occurred on NYS Route 215. Water & Sewer Sup't. Peter Alteri, Jr. recommended that the waterline be replaced, as it is the oldest line in the Town. In 2006 alone there were two water main breaks. Supervisor Tupper stated that Mrs. Warren's correspondence gave the Town notice of loss and claim. Attorney Folmer noted that Water & Sewer Sup't. Alteri was in contact with Selective Insurance Company of America, and that the situation was documented. Supervisor Tupper apprised Attorney Folmer that he received correspondence from Selective Insurance to Wesley Warren, dated April 3, 2007, advising them that their investigation into the matter was complete and that it was determined that the Town of Cortlandville was not liable for the loss. The insurance company would not pay the claim because no prior problems existed for the particular area prior to this loss. If the Town received notice of the problem, did not fix the problem, and then another claim was made, the Town could be liable for the loss. Attorney Folmer explained that the statute requiring notice was enacted for the purpose of protecting municipalities from claims that the Town knows nothing about and therefore had no opportunity to fix. Councilman Proud commented that the water lines are cast iron lines. He suggested they develop a schedule for replacing water main lines to help prevent similar problems in the future. Supervisor Tupper apprised the Board they would discuss replacement of the line during the Executive Session. RESOLUTION #70 AUTHORIZE SUPERVISOR TO EXECUTE CHANGE ORDER 01-08 FROM DIAMOND & THIEL CONSTRUCTION COMPANY; 03-02 FROM KING & KING MECHANICAL INC.; AND 04-04 FROM KNAPP ELECTRIC INC. FOR THE EXPANSION/RENOVATION OF THE RAYMOND G. THORPE MUNICIPAL BUILDING Motion by Councilman Proud Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to execute change order 01-08 in the amount of $8,696.00 from Diamond & Thiel Construction Company; 03-02 in the amount of +$15,410.00 from King & King Mechanical Inc.; and 04-04 in the amount of +$16,015.00 from Knapp Electric Inc., for the Expansion/Renovation of the Raymond G. Thorpe Municipal Building. �W• APRIL 04, 2007 TOWN BOARD MEETING PAGE 4 Supervisor Tupper apprised the Board the auditors mentioned that the Town's minimum threshold for fixed assets at $100.00 was too low. The auditors recommended the Board increase the threshold. He informed the Board the County and City's minimum threshold are both $5,000.00, while most towns are at $1,000.00. Supervisor Tupper suggested they change the minimum dollar amount recorded for fixed assets to $1,000.00, which meant that department heads would have to keep their own records for items purchased for under $1,000.00. RESOLUTION #71 AUTHORIZE SUPERVISOR TO INRCEASE THE MINIMUM DOLLAR AMOUNT RECORDED FOR FIXED ASSETS Motion by Councilman O'Donnell Seconded by Councilman Proud VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Supervisor is hereby authorized and directed to increase the minimum dollar amount necessary to be recorded for fixed asset purposes from $100.00 to $1,000.00. Councilman Testa made a motion, seconded by Councilman O'Donnell, to receive and file correspondence from Gail Hammond, New York State Office for Small Cities, dated March 26, 2007, notifying the Town that the completion date of September 30, 2007 for the Blodgett Mills Community Development Housing Rehabilitation Program grant was approaching fast, and that there was unexpended balance of $94,011.27. All voting aye, the motion was carried. Supervisor Tupper apprised the Board that NYS Civil Service Law requires the Town's payroll to be certified by the Civil Service — Cortland County Personnel Department. It had been many years since the Town's payroll had been certified. Supervisor Tupper met with the County to discuss what must be done in order for the Town to be in compliance with the state's civil service law. Supervisor Tupper explained that one of the nine recommendations made was to change some of the job titles for some Town employees. A couple of the Town's employees would have to take a civil service exam due to the change in titles. Supervisor Tupper explained a resolution must be adopted authorizing the three Deputy Town Clerks to act on behalf of the Town Clerk. According to Town Law, the Town Clerk may appoint three deputies and may ask the Town Board for a fourth. However, the Town Clerk may only have one exempt deputy according to NYS Civil Service Law, which supersedes Town Law. All Deputy Town Clerks are exempt from a civil service examination. RESOLUTION #72 AUTHORIZE DEPUTY TOWN CLERKS TO HAVE FULL POWERS AND DUTIES OF THE ELECTED CORTLANDVILLE TOWN CLERK Motion by Councilman Rocco Seconded by Councilman Proud VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby authorize and direct all Deputy Town Clerks to have full powers and duties of the elected Cortlandville Town Clerk, subject to the State Civil Service Commission. According to Civil Service, the title "Deputy Court Clerk" must be abolished and the title "Court Clerk" must be created. Supervisor Tupper explained that one of the four court clerks already had the correct title of "Court Clerk," while the other three court clerks were titled "Deputy Court Clerk." Therefore, it was only necessary to abolish the three "Deputy Court Clerk" titles and create three additional "Court Clerk" titles. Supervisor Tupper explained that the Board was simply was changing the titles, and that none of the employees were losing their jobs or being replaced. He explained that the Deputy Town Clerks and the Court Clerks work at the pleasure of the elected Town Clerk and Town Justice respectfully. 1 1 97 APRIL 04, 2007 TOWN BOARD MEETING PAGE 5 Attorney Folmer commented that he spoke with Annette Barber from the Civil Service Office, who informed him that the Civil Service Office has not certified payrolls for many municipalities - not just the Town of Cortlandville. The Civil Service Office was meeting with each municipality to ensure they were in compliance with the law. The Town of Cortlandville was the first municipality on their list. Supervisor Tupper apprised the Board that every time an employee is hired at the Town, the paperwork and job description is sent to the County, but the County has never taken the next step. Town Clerk Snyder explained that every time an individual is hired, the Town Board adopts a resolution authorizing the hiring. The resolution includes the new employee's title, and salary, and is forwarded to the County. RESOLUTION #73 AUTHORIZE SUPERVISOR TO ABOLISH THE TITLE "DEPUTY COURT CLERK" AND CREATE THE TITLE "COURT CLERK" FOR THREE TOWN COURT EMPLOYEES Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOVLED, the Town Board does hereby authorize and direct the Supervisor to abolish the current title "Deputy Court Clerk" and to create the title "Court Clerk" for three Cortlandville Town Court employees, subject to the State Civil Service Commission. RESOLUTION 474 AUTHORIZE SUPERVISOR TO ABOLISH THE TITLES "HEAD AUTO MECHANIC" AND "MECHANIC HELPER" AND CREATE THE TITLE "AUTO MECHANIC" FOR TWO TOWN HIGHWAY DEPARTMENT EMPLOYEES Motion by Councilman Rocco Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOVLED, the Town Board does hereby authorize and direct the Supervisor to abolish the titles "Head Auto Mechanic" and "Mechanic Helper" and to create the title "Auto Mechanic" for two Cortlandville Town Highway Department employees, subject to the State Civil Service Commission. RESOLUTION #75 AUTHORIZE SUPERVISOR TO CREATE THE TITLE "HEAVY EQUIPMENT OPERATOR" FOR FOUR TOWN HIGHWAY DEPARTMENT EMPLOYEES Motion by Councilman Rocco Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOVLED, the Town Board does hereby authorize and direct the Supervisor to create the title "Heavy Equipment Operator" for four Cortlandville Town Highway Department employees, subject to the State Civil Service Commission. Supervisor Tupper apprised the Board that according to payroll, the title of his secretary is "Keyboard Specialist," which must be changed to "Secretary to the Town Supervisor." A new job description for the title was sent to the County for their approval. Supervisor Tupper questioned whether the position could be exempt from the civil service test, however the County could not give him an answer at this time. If the County did not agree, the secretary would have to take a civil service exam. rs APRIL 04, 2007 TOWN BOARD MEETING PAGE 6 RESOLUTION #76 AUTHORIZE SUPERVISOR TO CHANGE THE CURRENT TITLE "KEYBOARD SPECIALIST" AND CREATE A NEW TITLE "SECRETARY TO THE TOWN SUPERVISOR" Motion by Councilman Rocco Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOVLED, the- Town Board does hereby authorize and direct the Supervisor to change the current title "Keyboard Specialist" and create a new title "Secretary to the Town Supervisor" for one Cortlandville Town employee, subject to the State Civil Service Commission. Supervisor Tupper explained that a resolution must be adopted to create a title "Clerk." A description of the position, which is shared between the Assessor's office and the Bookkeeper, was also sent to the County for review. A civil service exam would be required for this title "Clerk." RESOLUTION 977 AUTHORIZE SUPERVISOR TO CREATE THE POSITION AND TITLE "CLERK" Motion by Councilman Rocco Seconded by Councilman Proud VOTES: ALL AYE ADOPTED BE IT RESOVLED, the Town Board does hereby authorize and direct the Supervisor to create the position and title "Clerk" for one Cortlandville Town employee, subject to the State Civil Service Commission. There was discussion regarding the "Notice of Lien on Account of Public Improvement" and an "Affidavit of Service". Town Clerk Snyder explained that the lien had not been taken care of. Attorney Folmer explained that the Town had to provide receipts showing that they paid the contractor in full. The fact that the contractor did not pay the subcontractor was another matter. Attorney Folmer apprised the Board he spoke with the Clerk of the Works, George Ottenschot, who explained that the subcontractor and a supplier for the subcontractor had not been paid. Mr. Ottenschot contacted the contractor who reported the issue would be taken care of, which was not done and the lien was filed. The Town was waiting for a formal lien release. RESOLUTION #78 ACKNOWLEDGE RECEIVING "NOTICE OF LIEN ON ACCOUNT OF PUBLIC IMPROVEMENT" AND "AFFIDAVIT OF SERVICE" Motion by Councilman Rocco Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby acknowledge, by receiving and filing, the "Notice of Lien on Account of Public Improvement" and the "Affidavit of Service" from Infra - Metals Co., for materials furnished for the Raymond G. Thorpe Municipal Building Expansion/Renovation Project. RESOLUTION #79 RESCIND RESOLUTION #2 57 OF 2006 ADOPTED AT THE DECEMBER 27, 2006 SPECIAL TOWN BOARD MEETING AUTHORIZING THE HIGHWAY SUP'T. TO PURCHASE A LOADER FROM THE NEW YORK STATE BID Motion by Councilman Rocco Seconded by Councilman Proud VOTES: ALL AYE ADOPTED APRIL 04, 2007 TOWN BOARD MEETING PAGE 7 WHEREAS, Highway Sup't, Carl A. Bush Jr. was authorized by Resolution #Z37 of 2006, to purchase a Loader from the New York State Bid list in an amount not to exceed $130,000.00, and WHEREAS, the actual cost of the Loader is $131,880.00 from the New York State Bid List, therefore BE IT RESOLVED, the Town Board does hereby rescind Resolution #237 of 2006 adopted at the December 27, 2006 Special Town Board Meeting. RESOLUTION #80 AUTHORIZE HIGHWAY SUP'T. TO PURCHASE A LOADER FROM THE NEW YORK STATE BID Motion by Councilman O'Donnell Seconded by Councilman Proud VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby authorize and direct Highway Sup't Carl A. Bush Jr. to purchase a Loader from the New York State Bid kst in an amount not to exceed $131,880.00, and it is further RESOLVED, the Loader will replace a 1999 Daewoo Loader, serial number 1144, that will go to public auction along with a 1998 Dodge and a 1993 Ford. Councilman Rocco questioned what the notification process was for approval of subdivisions and any modifications to the subdivisions. He was concerned about proper notice to adjacent property owners that are affected by the change to the subdivision. Attorney Folmer apprised Councilman Rocco that the Planning Board can make a determination as to whether a subdivision is substantial or not, and can conduct a public hearing if necessary. Councilman Rocco offered the scenario of a subdivision being approved for 20+ lots. The developer then decides to further subdivide the lots to create more building lots and reduces the lot size to what may not be thought of as significant to the Planning Board, but may be very significant to the adjacent property owners. The adjacent property owners should be personally notified by letter that there is going to be a meeting to discuss the possible change to the subdivision. Councilman Rocco commented that the legal notice published in the newspaper may not be enough notice to property owners who may be affected. He emphasized the importance of the notice, because once the subdivision is approved the surrounding property owners can't do anything about it. Planning Board member Renzi questioned whether Councilman Rocco wanted letters to be sent to every property owner surrounding the proposed subdivision every time a subdivision application is made. He felt that sending letters would create a lot of work. Councilman Rocco clarified that notice should be sent to surrounding property owners when changes to the original subdivision is made — specifically when the lot sizes would be changed. Attorney Folmer stated it would be extremely difficult to define those instances in which notice should be provided and when notice is not necessary. For an approved subdivision, he questioned how a significant change would be decided. A lot line adjustment to move the line 50 ft. may not be significant. However, if property is subdivided and lot sizes are reduced, there are other requirements to be met such as requirements from the health department regarding water and sewer, etcetera. Councilman Rocco understood the other requirements, however he believed "it was in the interest of the general public that they be notified if they're going to be directly affected by any changes that were going to be made. ...All adjacent property owners should be notified." Mr. Renzi commented that he could not recall an instance in the past seven years that he has been on the Planning Board in which complaints were made to the Planning Board regarding modifications to approved subdivisions. Councilman Rocco stated that residents are not sure of what action they can take after the subdivision is approved. 1oa APRIL 04, 2007 TOWN BOARD MEETING PAGE 7 Attorney Folmer commented that people have a responsibility as citizens to be informed and aware of what is occurring in their community. Mr. Renzi suggested Councilman Rocco attend the next Planning Board meeting to address the issue. No further comments or discussion were heard. Councilman Proud made a motion, seconded by Councilman Testa, to recess the Regular Meeting to an Executive Session to discuss pending litigation. All voting aye, the motion was carried. The meeting was recessed at 8:00 p.m. The following information was received from the Supervisor's office. Councilman Rocco made a motion, seconded by Councilman Testa, to adjourn the Executive Session and reconvene to the Regular Meeting. All voting aye, the motion was carried. No action was taken. Councilman Rocco made a motion, seconded by Councilman Proud, to adjourn the Regular Meeting. All voting aye, the motion was carried. *Note: The meeting was adjourned at 9:10 p.m. Respectfully submitted, Karen Q. Snyder, RMC Town Clerk Town of Cortlandville The draft version of this meeting was submitted to the Town Board for their review on May 16, 2007. 1