Loading...
HomeMy WebLinkAbout10-17-2007Z z. OCTOBER 17, 2007 5:00 P.M. TOWN BOARD MEETING The Regular Town Board 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, Edwin O'Donnell Councilman, John C. Proud Town Clerk, Karen Q. Snyder Others present were: Town Attorney, John Folmer; Highway Sup't. Carl Bush; Pat Reidy from Cortland County Soil & Water Conservation District; Glenn Reisweber, Director of the Lime Hollow Nature Center; John Helgren, Cortland County Health Department; Representative of CAPE: Grace Meddaugh; News Reporter, Eric Mulvihill from the WXHC; and Sharon Stevans for Channel 2, Access TV. Supervisor Tupper called the meeting to order. RESOLUTION 4212 AUTHORIZE PAYMENT OF VOUCHERS — OCTOBER Motion by Councilman O'Donnell Seconded by Councilman Proud VOTES: ALL AYE ADOPTED BE IT RESOLVED, the vouchers submitted have been audited and shall be paid as follows: General Fund A Vouchers #560 - 592 $ 69,767.36 General Fund B B136 - B140 $ 2,561.49 Highway Fund DB D390 - D408 $ 56,859.59 Water Fund W219 - W236 $ 9,314.16 Sewer Fund S85 - S88 $ 4,027.99 Trust & Agency T19 - T20 $ 32,048.55 Capital Projects H59 - H59 $ 432.00 Supervisor Tupper offered privilege of the floor to Glenn Reisweber. Glenn Reisweber, Director of the Lime Hollow Nature Center, gave the Board an update on the Nature Center's recent activity. The Lime Hollow Visitor Center on McLean Road is open to the public and is a wonderful addition to Cortlandville and Cortland County. Mr. Reisweber invited members of the Board and the public to visit the Lime Hollow Nature Center during the fall, and to take advantage of the beautiful scenery. Mr. Reisweber thanked Highway Sup't. Bush and the Highway Department for allowing the Lime Hollow Nature Center to utilize the Cortlandville dump area. The Nature Center was able to remove a large amount of debris from the trails as a result of using the dump. Mr. Reisweber presented a plaque and certificate to the Town Highway Department, which read: "...Thanks to your support, Lime Hollow will continue to grow as a year round facility providing thousands of people of all ages with hands on environmental education and public program experiences that can last a lifetime ..." Mr. Reisweber apprised the Board there are two counties in New York State that do not have State parks - Allegany County and Cortland County. Lime Hollow provides the same quality of life issues as a state park. Lime Hollow is 375 acres and 10 miles of manicured trails. Highway Sup't. Bush thanked Mr. Reisweber for the plaque and acknowledged that the Nature Center did the majority of the work. Councilman Rocco asked Mr. Reisweber to explain to Cortlandville residents what they could do to help the Nature Center. Mr. Reisweber explained that unlike State parks, the Lime Hollow Nature Center does not charge for usage of the trails. Trails are open from dawn to dusk. The Nature Center survives 100% on private donations, grants. The Nature Center is not funded by the County or the State, which he hoped would change in the future. 1 1 1 22-7 OCTOBER 17, 2007 TOWN BOARD MEETING PAGE 2 Membership fees are $25.00 for an individual and $35.00 for a family. The Nature Center is expanding its children camp programs, as this past year they had to turn down 125 camping opportunities for children in the community. The Nature Center was also expanding its field trip program. Supervisor Tupper offered privilege of the floor to Patrick Reidy. Patrick Reidy, Cortland County Soil and Water Conservation District, presented the Board with a plan for Phase 1 monitoring of the Otter -Dry Creek Aquifer. The plan outlined the first phase of groundwater monitoring that the Cortland County Soil & Water Conservation District would implement over a one-year period. Mr. Reidy stated that the Otter -Dry Creek aquifer is the source of drinking water for the Town of Cortlandville and the City of Cortland. Together, the City and Town provide water to over half of the residents of Cortland County. The City and the Town regularly monitor their water supplies under the oversight of the County Health Department. While the monitoring has consistently shown good results, there are concerns over the overall condition of the aquifer and how the aquifer has changed over time. Representatives of the Town, City, the United States Geological Survey (USGS), Cortland County Health Department (CCHD), and the Cortland County Soil and Water Conservation District (SWCD) have developed an aquifer monitoring program to address the need. Phase 1 of the plan would focus on the part of the aquifer that is the direct source of drinking water for the municipal water supplies. This area has many more existing groundwater monitoring wells from which to sample and has more historical data to assess changes over time. Mr. Reidy explained that Phase 1 of the plan would be to conduct four rounds of monitoring over a one-year period to define current baseline conditions in the recharge areas of the municipal water supplies, and compare current conditions to past results. Phase 2 of the plan had not been completely defined, but would have a more long-term approach, and may include other parts of the aquifer. Mr. Reidy apprised the Board that in the 1990s, the USGS incorporated information from over 100 groundwater wells in their study of the Otter -Dry Creek aquifer. As a part of the study, USGS conducted water quality monitoring at approximately 50 of the groundwater wells. The goal of the Phase 1 monitoring program would be to analyze water quality in many of the same wells that were tested by USGS in 1990. However, due to limited funding, Phase 1 monitoring would include a total of 30 monitoring locations. Samples from 15 locations would be analyzed for the "full" parameter list. The remaining 15 samples would be analyzed for a "partial" list that includes a few key water quality components. Mr. Reidy pointed out the Phase 1 monitoring on a map, which he provided to the Board. Councilman Rocco questioned how testing is completed on the wells without the wells caving in. Mr. Reidy explained that most of the wells have steel casings, others have plastic PVC casings. It is possible that sediment can accumulate. Data exists on how deep the wells were, and what water levels were in the past. Mr. Reidy explained that the wells are still functioning and are recharging. Councilman Rocco apprised Mr. Reidy that he had conversations with representatives from SUNY Cortland concerning putting some wells in the parking lot area on NYS Route 281. Councilman Rocco suggested Mr. Reidy approach the college and ask that it get involved in helping the community. Mr. Reidy questioned whether Councilman Rocco spoke with the college in regard to letting SWCD drill wells, or providing funding to drill wells. Councilman Rocco was under the impression that the college would pay for the wells. He suggested Mr. Reidy contact the President of SUNY Cortland. Attorney Folmer questioned what the difference was between the "full" parameter list and the "partial" list. Mr. Reidy explained that the "full" parameter list would cost between $500-$600 per sample, while the "partial" list would cost approximately $30 per sample. The partial list would include nitrate, sodium, and chloride, which are three constituents that are measured frequently and are detected throughout the aquifer in the past and at somewhat elevated levels. Mr. Reidy explained there would be 30 monitoring locations for the "full" parameter list. Councilman Proud commented on the Board's objective, which involved discussion on the Wal-Mart application, was to gage the health of the entire aquifer. He stated that when there is a problem with a water well, there is a real problem, and if there was going to be a problem, the Town wanted advance notice of it. Z z8 OCTOBER 17, 2007 TOWN BOARD MEETING PAGE 3 Councilman Proud recalled that when the Town scoped out its concerns for Clough, Harbour & Associates to present to the engineers for Wal-Mart, he had suggested they put in three monitoring sites. The sites would not only protect Wal-Mart, but would give the Town information as to what was on the property, what was coming onto the property, and what left the property. Councilman Proud stated that to protect the health of the aquifer in the future, it must be recognized as an entire aquifer. Councilman Proud stated he did not know how many phases would begin over the next 20 years. Phase 1 was the initial step to get a picture of the vast underground resource. He also suggested that since the Town reaches into the Polkville area that expansion should take place in that area. Councilman Proud felt that the Town has a moral obligation to the people downstream of the Tioughnioga River to be sure that the water that leaves the aquifer that potentially makes its way to the river is being tested. Councilman Testa questioned how many miles the aquifer was. According to Mr. Reidy, the aquifer is about 20 miles. However, he stated there is a misconception that if a problem occurs in one place than it occurs everywhere, which is not true. The aquifer is connected, but water from Cortlandville wouldn't necessarily get to Preble, and vice versa. Councilman Testa questioned how many municipalities adopted stormwater management practices similar to the Town. Mr. Reidy stated there are very few communities. Cortlandville adopted Stormwater Management regulations in 1997. At that time there were very few communities that had regulations. Since 2003, the State mandated certain cities and areas surrounding them to adopt stormwater regulations. Mr. Reidy stated that for stormwater management, the Town of Cortlandville deserves an A. Councilman Testa questioned whether Mr. Reidy was familiar with the aquifer in Saratoga, New York, and what the municipality was doing to protect its aquifer. Mr. Reidy was familiar with Saratoga's aquifer. He apprised the Board that in places like Long Island there were big sand and gravel deposit -type locations. Councilman Testa questioned what Mr. Reidy's opinion was regarding the filter system that the Town insisted Wal-Mart install. Mr. Reidy stated in terms of size and sophistication, there was nothing like that around here. The Wal-Mart system more than meets the State's regulations. The first step is a water quality basin, which then goes through a filtering system, and finally goes to a sand and gravel system. Supervisor Tupper thanked Mr. Reidy, the S WCD, and the CCHD for their work. He stated the Town would have real data to look at rather than guessing. Supervisor Tupper questioned who would receive the data once it's compiled. Mr. Reidy apprised the Board that once the data is collected it would be entered into a database to create tables and graphs. A report would be sent to the Town, City, Health Department and USGS. Supervisor Tupper noted there were four partners, economically, in the collaboration. SWCD was contributing talent and time. The County Health Department has budgeting for water quality, as does the City and the Town. Councilman Rocco questioned whether the group would continue to meet. Mr. Reidy stated they had a preliminary long-term plan, which was to cut back on sampling to once a year, rotating seasons. He apprised the Board that he already meets with the CCHD on a regular basis. Councilman Proud stated there are other issues to discuss, including quality and quantity. Mr. Reidy agreed and stated it was important to look at how much water was available. He apprised the Board that recently, Tunison Labs installed a well that can pump a lot of water. The Tunison Lab is not too far from the Lime Hollow Road well. Both Tunison and Lime Hollow are in a major water divide, meaning there is not a big recharge area. Mr. Reidy questioned what would stop someone else from putting in a well that would use another million gallons a day. Councilman Proud agreed and stated that was one reason why the Town needed the information. Supervisor Tupper offered privilege of the floor to those in attendance. No further comments or discussion were heard. The monthly report of the Town Justice for the month of September 2007 was on the table for review and is filed in the Town Clerk's Office. zZ� OCTOBER 17, 2007 TOWN BOARD MEETING PAGE 4 Supervisor Tupper apprised the Board he received a communication from the State of New York regarding Governor Spitzer's new program for the consolidation of governments. Governor Spitzer was looking for ideas on consolidating, and whether towns and villages shared agreements. The State was looking at some specific projects for consolidation. A commission was looking at the potential merger of the City of Cortland and the Town of Cortlandville. Supervisor Tupper informed those in attendance that he and the Mayor of Cortland met with five officials from Albany regarding the consolidation. He anticipated that quite a bit of data would be generated regarding fire departments, contracts, payroll, population trends, water trends, budgets, etcetera. An independent look at whether there was any potential for the two municipalities to merge. Supervisor Tupper apprised those in attendance that according to the news, the Village of Cleveland, population 700, was going to dissolve. Almost 300 residents showed up to the Cleveland Board Meeting upset about the dissolution. Supervisor Tupper stated it would be very hard for the Town and City to merge, and apprised the Board that he conveyed that message to representatives from the State. Councilman Rocco commented that one of the problems is that property in the City continues to be taken off the tax rolls with expansion of the Hospital and other tax-exempt entities. Residents cannot afford the taxes. On the other hand, Councilman Rocco felt that if the State wanted the Village of McGraw to dissolve and merge with Cortlandville there would be many angry Village residents. Councilman Proud stated it would be interesting to see the result of the study, and discussed the history of the Town and how it has changed in many ways other than its boundaries. He apprised the Board if they looked at the State's website, there are approximately 60 different studies regarding consolidation. Tioga County nominated itself to be dissolved and to split the county three ways. There was also a recommendation made to split the state into 9 highway districts. Councilman Proud stated he found it hard to believe that a final report would be complete by April 15, 2008. Supervisor Tupper warned the public not to be alarmed by the representatives from the State asking for information from the Town and other entities. Town Clerk Snyder apprised the Board that at their direction she reviewed Tammy Thomas' request for relief of sewer charges due to a major water break. Town Clerk Snyder provided the Board with calculations, which included the average consumption for the McLean Road property and the adjustment that could be made on the sewer portion of the bill only. The Board agreed to a reduction in Ms. Thomas' sewer charge to reflect her average sewer charge of $181.92. Town Clerk Snyder would adjust Ms. Thomas' October 2007 Water & Sewer Quarterly Bill by $489.38 to reflect the reduction in sewer charge, rather than crediting the account. RESOLUTION #213 AUTHORIZE TOWN CLERK TO ADJUST SEWER CHARGES FOR THE OCTOBER 2007 WATER & SEWER QUARTERLY BILLING FOR PROPERTY OWNED BY TAMMY THOMAS LOCATED AT 942 MCLEAN ROAD Motion by Councilman Rocco Seconded by Councilman Testa VOTES: ALL AYE ADOPTED WHEREAS, a request was received from Tammy Thomas for a reduction in the sewer charges for her October 2007 Water and Sewer Quarterly Bill, for property located at 942 McLean Road, due to a major water break, and WHEREAS, 274,000 gallons of water was metered although the majority of the water did not go through the sewer, therefore BE IT RESOLVED, the Town Board does hereby authorize and direct the Town Clerk to adjust the sewer portion of Ms. Thomas' October 2007 Water & Sewer Quarterly Bill, Account #658, in the amount of $489.38. z3o OCTOBER 17, 2007 TOWN BOARD MEETING PAGE 5 Councilman Proud updated the Board on the NYS Route 281/Route 13 Corridor Project. The NYS DOT presented the Town with an estimate of what it would cost the Town to relocate the water lines for the "water betterment project." The DOT estimated it would cost the Town approximately $312,000 to relocate water lines at the McLean Road, NYS Route 281 intersection. Councilman Proud stated if the bid for the project comes in higher than the estimate, the Town would have to come up with additional funds. However, the engineering firm that completed the estimate believed the estimate would be very close to the bid amount. Councilman Proud stated there were a few issues regarding funding for the project. He suggested the Board agree to the following: when the road is reconstructed, all Town water lines that can be moved from underneath the pavement should be moved, and new water lines installed. By doing so, the Town would benefit in the future. In the event of a problem, the water lines would be accessible off the shoulder of the road rather than digging up the pavement. Councilman O'Donnell stated it did not seem like there was much choice, and that it was common sense to move the lines. Councilman Proud stated the Town has a choice, but the "choice has a lot of risk associated with it" as the water lines are 45 years old. If the Town does not move the lines, the Town would assume all the risk in the event that there are problems in the future. Councilman Proud questioned whether Attorney Folmer looked into bonding for the project. Attorney Folmer would report on the matter later in the meeting. Supervisor Tupper commented that the water lines should be replaced when the roadway is being reconstructed to avoid problems in the future. There was discussion regarding the 2008 Budget. Supervisor Tupper explained that according to the 2008 Preliminary Budget there would be a decrease of $0.02 per thousand compared to the 2007 Budget. The tax rate in the Village of McGraw would drop about $0.21 per thousand. The fire tax rate would drop $0.03 per thousand. Councilman Rocco applauded Supervisor Tupper and the rest of the Board for their efforts in decreasing the Town tax rate. He noted that future projects and additional growth in the Town would help the Town's tax base. He hoped that the County would recognize that the Town is the "engine of growth" in the County and that during budget time and sales tax discussion the County would provide the Town with a higher sales tax distribution to help the Town's infrastructure. RESOLUTION #214 SCHEDULE PUBLIC HEARING REGARDING THE 2008 PRELIMINARY BUDGET Motion by Councilman Proud Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, a Public Hearing is hereby scheduled to be held on November 7, 2007 at 7:00 p.m. regarding the 2008 Preliminary Budget, and it is further RESOLVED, that 20 copies shall be made available for distribution to the public on November 2, 2007. RESOLUTION #215 SCHEDULE DATE TO ADOPT 2008 PRELIMINARY BUDGET AS THE 2008 ADOPTED BUDGET Motion by Councilman Proud Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board shall adopt the 2008 Preliminary Budget as the 2008 Adopted Budget on November 21, 2007 at 5:00 p.m. Town Clerk Snyder apprised the Board she received notice from the New York State Department of Transportation denying the Town's request for a reduction in speed limit on McLean Road between Deerfield Heights and the Cortland/Tompkins County Line. Supervisor Tupper suggested the Town continue to petition the State for a reduction in speed limit. I. z32 OCTOBER 17, 2007 TOWN BOARD MEETING PAGE 6 Councilman Proud suggested the Town ask Mr. Reisweber, Director of the Lime Hollow Nature Center, to provide a report to the Town regarding the number of vehicles and buses that enter and exit the site. Councilman Rocco questioned how many times the Town submitted a request for a reduction in speed limit for McLean Road. Town Clerk Snyder apprised the Board the McLean Road speed limit had been an issue since the 1970s. The last three requests sent to the NYS DOT via the County Highway Department contained the Town's entire file on the request with all supporting documentation. She suggested the Town submit another request with additional information that would support a reduction in the speed limit. Councilman O'Donnell made a motion, seconded by Councilman Proud, to receive and file correspondence from Diana L. Graser, PE, New York State Department of Transportation, dated October 3, 2007, regarding denial of the Town's request for a lower speed limit on McLean Road, between Deerfield Heights and the Cortland/Tompkins County Line. All voting aye, the motion was carried. Attorney Folmer reported: Pending Zoning Violations: Attorney Folmer recalled that the Board commenced a proceeding against David Berlew regarding his property located on NYS Route 281. Mr. Berlew did some digging on his property without obtaining the appropriate permit. During the proceeding Mr. Berlew passed away. Attorney Folmer apprised the Board that after quite a long delay, an estate representative was appointed to act on behalf of the Berlew Estate. The Executor of the Estate was Mr. Berlew's son, who would be represented by an attorney in Syracuse. Attorney Folmer spoke with the Executor's attorney and was in the process of putting together a package of materials regarding the ordinance violation to send to him. Attorney Folmer believed there would be an amicable resolution to the zoning violation. Councilman Rocco questioned what a possible resolution would be. Attorney Folmer stated he was not comfortable discussing a possible outcome for pending prosecution. Attorney Folmer apprised the Board the zoning violation of Mr. Tinelli for property located in Polkville. There have been many delays regarding the completion of this zoning violation, which was partly because of the Labor Department which had some inspections done with regard to materials that were on site. Attorney Folmer reported that he drove by the site and that the material that had been piled up had been significantly removed. Attorney Folmer believed there were only two piles of dirt left on the site, which according to a conversation with Mr. Tinelli should be taken care of as well. Bonding for Expansion/Renovation of Raymond G. Thorpe Municipal Building: Attorney Folmer stated that the Town was in the process of bonding additional funds for completion of the Raymond G. Thorpe Municipal Building. The closing would take place on Wednesday, October 24, 2007 at Alliance Bank. NYS Route 281/Route 13 Corridor Project - Bonding: Attorney Folmer apprised the Board a couple questions arose at a meeting with the NYS DOT regarding the NYS Route 281/Route 13 Corridor Project and the "water betterment project." The first question was how long the Town had after adopting a bonding resolution to act on the money. According to the Local Finance Law, if a bonding resolution is adopted and not acted on within 10 years, the bonding resolution would automatically be considered void. The second question that came up was, if the Town takes the money now, and the money was not owed to the State for one year because of delays, would the Town be in difficulty because interest would be earned on the money. According to Bond Counsel, it would not be a problem if the Town held onto the funds for a period of time not exceeding 3 years. Attorney Folmer explained that the reason the questions arose was because the NYS DOT requires that the funding for the Town's share of the project be in place when bids go out on February 18, 2008. However, Attorney Folmer questioned what that meant — Did the Town z3z OCTOBER 17, 2007 TOWN BOARD MEETING PAGE 7 have to pass the bonding resolution prior to going out to bid? Did the Town have to pay the money to the State? Could the Town hold onto the money until the State indicated they needed the money? NYS DOT representative, Gene Cilento, was not aware of the betterment project process and advised Attorney Folmer he would report back to him. Mr. Cilento faxed Attorney Folmer a copy of a sample resolution that indicated that once the Town passed the resolution it must pay the money to the State Comptroller within seven days. Attorney Folmer was waiting for Mr. Cilento to forward more information on the project. Proposed Local Law — Administration & Enforcement of the NYS Uniform Fire Prevention & Building Code: Attorney Folmer apprised the Board he spoke with CEO Tom Williams who suggested the Town add the requirement for a demolition permit in the Town, similar to the State Code. Attorney Folmer stated he would add the requirement to the proposed Fire Code. Proposed Local Law - Snow Removal Ordinance: Attorney Folmer apprised the Board he looked into a Snow Removal Ordinance at the request of Councilman O'Donnell. He hoped to provide the Board with a proposed ordinance for their review by the next meeting. The proposed ordinance would require property owners to maintain the sidewalks on their property and the consequences thereof. Location of Water and Sewer Lines/Rights-of-Way on Commons Avenue: Attorney Folmer commented on locating water and sewer lines and rights -of -way on Commons Avenue. He informed Highway Sup't. Bush that a change must be made on the map of the area before he would be able to complete descriptions of the properties for the purpose of obtaining easements. Also, the Town would not have to extend the right-of-way on Commons Avenue. Attorney Folmer apprised the Board that four easements would have to be obtained. RESOLUTION #216 RESOLUTION ACCEPTING THE TIOUGHNIOGA RIVER LOCAL WATERFRONT REVITALIZATION PROGRAM AS COMPLETE AND READY FOR PUBLIC REVIEW AND AUTHORIZING ITS SUBMISSION TO THE NEW YORK STATE DEPARTMENT OF STATE Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE ADOPTED WHEREAS, the City of Cortland, in partnership with 11 other Villages and Towns along the Tioughnioga River in Cortland County, including Town of Cortlandville, initiated preparation of a Local Waterfront Revitalization Program in cooperation with the New York State Department of State in accordance with the provisions of Executive Law, Article 42; and WHEREAS, the Draft Local Waterfront Revitalization Program (LWRP) has been prepared under the guidance of the Cortland County Industrial Development Agency, with consultant planning services provided by Thoma Development Consultants; and WHEREAS, the City of Cortland, as lead agency, has prepared and evaluated an Environmental Assessment Form concerning the action of adopting the LWRP in accordance with the requirements of the State Environmental Quality Review Act and Part 617 of the implementing regulations of Article 8 of the New York State Environmental Conservation Law, and determined that there will be no anticipated adverse impacts upon natural, institutional, economic development, and social resources of the Tioughnioga River Corridor, and have, therefore, prepared and filed a Negative Declaration; NOW, THEREFORE, BE IT RESOLVED, that the Draft Local Waterfront Revitalization Program for the Tioughnioga River Corridor is accepted by the Town Board of the Town of Cortlandville as complete and ready for public review and shall be submitted to the New York State Department of State for its review by State, federal, and regional agencies pursuant to the provisions of Article 42 of the NYS Executive Law. L z 33 OCTOBER 17, 2007 TOWN BOARD MEETING PAGE 8 Councilman Rocco made a motion, seconded by Councilman Proud, to receive and file correspondence from Amanda Barber, Cortland County Soil & Water Conservation District, dated October 5, 2007, regarding the Otter -Dry Creek Aquifer — Phase 1 Monitoring. All voting aye, the motion was carried. RESOLUTION #217 APPOINT VALERIE SCHMIDT AS A CLERK IN THE TOWN OF CORTLANDVILLE IN ACCORDANCE WITH THE CIVIL SERVICE LAW Motion by Councilman Proud Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby appoint Valerie Schmidt as a clerk in the Town of Cortlandville in accordance with the Civil Service Law. RESOLUTION #218 AUTHORIZE HIGHWAY SUP'T. TO HIRE JENNIFER MULCAHY AS LABORER FOR THE TOWN HIGHWAY DEPARTMENT Motion by Councilman Rocco Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board hereby authorizes the Town Highway Sup't. to hire Jennifer L. Mulcahy, 4582 Potter Road, McGraw, New York, as a "Laborer" for the Town Highway Department at an hourly pay rate of $15.28 in accordance with the Town Highway Payroll Schedule. RESOLUTION 4219 AUTHORIZE SUPERVISOR TO CREATE THE POSITION "TEMPORARY PART-TIME KEYBOARD SPECIALIST" FOR THE HIGHWAY DEPARTMENT Motion by Councilman Rocco Seconded by Councilman Proud VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to create the position "Temporary Part-time Keyboard Specialist" for one Town Highway Department employee, with no benefits, in accordance with the Civil Service Law. RESOLUTION #220 APPOINT DELEGATE AND ALTERNATE TO VOTE AT THE ASSOCIATION OF TOWNS ANNUAL MEETING Motion by Councilman Rocco Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board hereby appoints Town Supervisor, Richard Tupper as Delegate, and Town Clerk, Karen Q. Snyder as Alternate, to represent the Town of Cortlandville at the Association of Towns Annual Meeting, to be held in New York City in February of 2008. RESOLUTION #221 AUTHORIZE SUPERVISOR TO ISSUE A REFUND TO TIME WARNER CABLE IN THE AMOUNT OF $782.28 Motion by Councilman O'Donnell Seconded by Councilman Proud VOTES: ALL AYE ADOPTED Z34 OCTOBER 17, 2007 TOWN BOARD MEETING PAGE 9 WHEREAS, Time Warner Cable erroneously paid the Town of Cortlandville $782.28 in Utility Gross Receipt Tax for digital phone service, and WHEREAS, the utility tax on digital phone service is not a part of the Town's contract with Time Warner, therefore BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to issue a refund in the amount of $782.28 to Time Warner Cable. Supervisor Tupper stated there was confusion regarding the proposed sewer lines on Starr Road and Vernon Drive. The Town rejected the bids, therefore the project will not move forward. Supervisor Tupper announced that Congressman Arcuri would be holding a meet and greet at the Beard Building, 9 Main Street, Cortland, on October 20, 2007 at 12:30 p.m. No further comments or discussion were heard. Councilman Proud made a motion, seconded by Councilman Rocco, to adjourn the Regular Meeting. All voting aye, the motion was carried. The meeting was adjourned at 6:15 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 November 7, 2007. 1