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HomeMy WebLinkAbout11-05-2008z NOVEMBER 05, 2008 7:00 P.M. PUBLIC HEARING NO. 1 2009 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 2009 Preliminary Budget. Members present: Deputy Supervisor, Theodore V. Testa Councilman, Edwin O'Donnell Councilman, Ronal L. Rocco Town Clerk, Karen Q. Snyder Absent (Excused): Supervisor, Richard C. Tupper Councilman, John C. Proud Others present were: Town Attorney, John Folmer; Highway Sup't., Carl Bush; Bookkeeper, Marcia Hicks; Assessor, David Briggs; Grace Meddaugh; News Reporter, Eileen Hughes from the Cortland Standard; and Sharon Stevans for Channel 2, Access TV. Deputy Supervisor Testa called the Public Hearing to order. Town Clerk, Karen Q. Snyder read aloud the Legal Notice as published, posted and filed. Deputy Supervisor Testa offered privilege of the floor to those in attendance. There were no requests for privilege of the floor. Deputy Supervisor Testa reported that the proposed Town tax rate for outside the Village of McGraw remained at $3.68, which was the same as the 2008 Budget, but increased $0.31 inside the Village of McGraw from $1.41 to $1.72 (the equivalent of $31.00 for every $100,000.00 assessed value). Councilman O'Donnell commented that the position of Budget Officer, who is also the Town Supervisor, had become a full time position. Councilman Rocco agreed and stated that the position of the Supervisor in general was a 24-hour, 7 days a week job and noted the continued growth of the Town. No further comments or discussion were heard. Councilman O'Donnell made a motion, seconded by Councilman Rocco, to close the Public Hearing. All voting aye, the motion was carried. The Public Hearing was closed at 7:15 p.m. 1 zoo NOVEMBER 05, 2008 7:15 P.M. 1 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 Deputy Supervisor Testa presiding. Members present: Absent (Excused): Deputy Supervisor, Theodore V. Testa Councilman, Edwin O'Donnell Councilman, Ronal L. Rocco Town Clerk, Karen Q. Snyder Supervisor, Richard C. Tupper Councilman, John C. Proud Others present were: Town Attorney, John Folmer; Highway Sup't., Carl Bush; Bookkeeper, Marcia Hicks; Assessor, David Briggs; Grace Meddaugh; News Reporter, Eileen Hughes from the Cortland Standard; and Sharon Stevans for Channel 2, Access TV. Deputy Supervisor Testa called the meeting to order. RESOLUTION #217 AUTHORIZE PAYMENT OF VOUCHERS — NOVEMBER Motion by Councilman O'Donnell 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 4544 - 584 $ 86,146.56 General Fund B B 177 - B 187 $ 7,261.83 Highway Fund DB D397 - D424 $349,800.86 Trust & Agency T13 - T14 $ 33,762 43 Water Fund W255 - W277 $186,399.01 Sewer Fund S121 - SI26 $ 28,585.78 Deputy Supervisor Testa offered privilege of the floor to those in attendance. Addressing the Board as a Town resident and taxpayer, Attorney Folmer stated that for 40 years the residents of Halstead Road have been dumping leaves and clippings at the end of the cul-de-sac. In the past, one resident asked Highway Sup't. Bush if he objected to the dumping of such yard debris, which was later used by the residents as mulch. According to the resident, Highway Sup't. Bush did not object as long as nothing more than grass clipping and leaves were dumped. Attorney Folmer informed that a short time later a "No Dumping" sign was erected in the cul-de-sac. Residents of the neighborhood asked Attorney Folmer to approach the Board and request that the sign be removed. Councilman Rocco stated that after consulting with Highway Sup't. Bush he requested the sign be installed. He stated it seemed reasonable that no dumping be allowed on Town property, and did not think the Town should set precedent by allowing yard refuse to be dumped on Town property. He suggested property owners use their own property for composting if desired and asked that they be concerned about their neighbors who are opposed to the dumping. Councilman Rocco questioned whether it was a conflict of interest for Attorney Folmer to address the Board regarding the issue. Councilman O'Donnell commented that Town residents could transport their yard refuse to the Franklin Street tub grinder located in the City of Cortland at no charge. Attorney Folmer stated there was no conflict of interest in communicating a concern of his neighbors. He also stated that if the complainant was as concerned about the dumping as he claimed to be, then he should cease from dumping on the property. Speaking as the Town Attorney, Attorney Folmer stated that no single member of the Town Board has the right to place or remove a sign without the consensus of the Board. At this point in the meeting discussion became aggravated. Deputy Supervisor Testa ended discussion on the topic. NOVEMBER 05, 2008 TOWN BOARD MEETING PAGE 2 Monthly reports of the Town Clerk and Code Enforcement Officer for the month of October 2008, and for the Town Justice for the month of September 2008, were on the table for review and are filed in the Town Clerk's Office. There was a brief discussion regarding the establishment of a Stormwater Review Fee. Attorney Folmer apprised the Board that after speaking with the Soil & Water Conservation District (SWCD), CEO Williams suggested the Board adopt a review fee of $500.00. The applicant/developer would be responsible for payment of the stormwater review fee, which would be passed on to the SWCD. After researching the issue, Attorney Folmer reported to the Board that they had the authority to adopt the stormwater review fees by resolution, rather than by local law. Councilman O'Donnell suggested the Board table action on the matter to determine whether or not the fee was sufficient. RESOLUTION #218 TABLE ACTION ON ESTABLISHING A STORMWATER REVIEW FEE UNTIL NOVEMBER 19, 2008 Motion by Councilman O'Donnell Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby table action regarding the establishment of a Stormwater Review Fee until the November 19, 2008 Town Board meeting, to allow more time to review the proposed fee of $500.00. Town Clerk Snyder announced that the Special Town Board Meeting of November 7, 2008, for the purpose of adopting the 2009 Budget was cancelled. The 2009 Budget was scheduled to be adopted at the November 19, 2008 Regular Town Board Meeting. Attorney Folmer Reported: Town & County Taxes — Installment Payments: Attorney Folmer reported on prior discussion regarding the possibility of collecting taxes in installments. According to State statutes, the County must adopt a local law to permit the collection of taxes in installments. He informed the Board that he and Supervisor Tupper met with County Administrator, Scott Schrader and Mark Witt who indicated that at this time County would not adopt a local law to enable towns within the County to collect taxes in installments. Councilman O'Donnell suggested County residents contact their County Legislator to request they consider the collection of taxes in installments in the future. Bonds for Water and Sewer Improvement Projects: Attorney Folmer reported on the Bonding process for the NYS Route 281/McLean Road Water Improvement Project and the Starr Road/Vernon Drive Sewer Improvement Project. The Bonds would be 5-year serial notes held with First Niagara bank at an interest rate of 4.5%. Attorney Folmer anticipated the closing would occur within the next week. Fingerlakes East Business Park: Attorney Folmer recalled that the Board committed a $400,000 loan to Cortland County IDA for the Fingerlakes East Business Park, contingent upon the County agreeing to provide a $700,000 loan for the project. Attorney Folmer and Supervisor Tupper met with County Attorney, Mark Suben, Attorney John Sidd for the IDA, County Administrator, Scott Schrader, and Mark Witt to discuss the project. Attorney Folmer explained that according to the prepared documents, the County would have the first mortgage for the $700,000 loan against the IDA property. As building lots are sold, a portion of the proceeds of the net sale would be paid to the County, while 35% of the proceeds of the sale would be paid to the Town to reduce the $400,000 obligation. If the County or Town's obligation has not been satisfied in full at the end of 10 years, the IDA would transfer title to the property to Cortland County. Attorney Folmer explained that the legal affect of the Za7 NOVEMBER 05, 2008 TOWN BOARD MEETING PAGE 3 transfer would be that the title to the property and the lien against it by means of the first mortgage would merge. The mortgage itself would become extinct because the title and the lien ownership would be the same party. The County would accept the obligation subject to the provisions of the Town's second mortgage, which would become the first mortgage by operation of law. Payments would continue to be made in accordance with the terms of 35% of each sale. Attorney Folmer apprised the Board the legal documents were reviewed by all parties and approved by the County Legislature. He requested the Board adopt a resolution authorizing the Supervisor to execute the loan documents when they are prepared in their final form and reviewed again by him. Councilman Rocco questioned whether the Town or County would have to provide the money first. He felt the Town should have assurance from the County that it would be contributing its portion of $700,000. Attorney Folmer understood his concern, but commented that the County put aside the money for the Fingerlakes East Business Park. In addition, the property closing could occur without the Town providing its $400,000 loan obligation. RESOLUTION #219 AUTHORIZE SUPERVISOR TO EXECUTE LOAN DOCUMENTS BETWEEN THE TOWN OF CORTLANDVILLE AND CORTLAND COUNTY IDA FOR THE FINGERLAKES EAST BUSINESS PARK IN THE AMOUNT OF $400,000 Motion by Councilman O'Donnell Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED WHEREAS, per Resolution #80 of 2008, the Town Board authorized the Supervisor to sign a formal commitment with the Cortland County IDA for the non-federal share of funds for the Fingerlakes East Business Park project in the amount of $400,000, which was conditioned upon a . formal commitment from Cortland County to award a grant in the amount of $700,000, which it did, therefore BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to execute the loan documents between the Town of Cortlandville and Cortland County Industrial Development Agency (IDA) for the Fingerlakes East Business Park project in the amount of $400,000, subject to a final review by the Town Attorney when the documents are prepared in their final form. RESOLUTION #220 AUTHORIZE USE OF THE RAYMOND G. THORPE MUNICIPAL BUILDING FOR THE DEFENSIVE DRIVING COURSE FOR THE YEAR 2009 Motion by Councilman Rocco Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED, that the National Safety Council is hereby authorized to use the Raymond G. Thorpe Municipal Building to conduct their Defensive Driving Course for the year 2009, per the submitted schedule, noting one change from November 12, 2009 to November 14, 2009. RESOLUTION #221 AUTHORIZE CHANGE ORDER #1 THROUGH #5 FROM VACRI CONSTRUCTION FOR THE NYS ROUTE 28l/MCLEAN ROAD WATER IMPROVEMENT PROJECT Motion by Councilman Rocco Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby authorize and direct the Deputy Supervisor to execute Change Order #1 through #5 from Vacri Construction in the amount of $5,606.02 for the NYS Route 281/McLean Road Water Improvement Project. Zo8 NOVEMBER 05, 2008 TOWN BOARD MEETING PAGE 4 RESOLUTION #222 AUTHORIZE CHANGE ORDER #1 AND #2 FROM VACRI CONSTRUCTION FOR THE VERNON DRIVE/STARK ROAD SEWER IMPROVEMENT PROJECT Motion by Councilman O'Donnell Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby authorize and direct the Deputy Supervisor to execute Change Order #1 and #2 from Vacri Construction in the amount of $5,666.24 for the Vernon Drive/Starr Road Sewer Improvement Project. RESOLUTION #223 AWARD BID FOR PHASE III - STARR ROAD PARK & RECREATION CENTER (TED TESTA PARK) TO PAUL YAMAN CONSTRUCTION IN THE AMOUNT OF $251,812.00 Motion by Councilman Proud Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED WHEREAS, bids were advertised for the Phase III — Starr Road Park & Recreation Center (Starr Road Park), and WHEREAS, sealed bids were opened on October 24, 2008 at 3:00 p.m. and provided to Clough Harbour & Associates LLP for review as follows: Paul Yaman Construction $251, 812.00 1875 Lorings Crossing Cortland, New York 13045 Procon Contracting $279,000.00 P.O. Box 1037 100 Old Vestal Road Vestal, New York 13851 BE IT RESOLVED, the bid as recommended by Clough Harbour & Associactes LLP is hereby awarded to Paul Yaman Construction of 1875 Lorings Crossing, Cortland, New York in the amount of $251,812.00. Attorney Folmer reported that the Town Board was not required to take action or comment on the aquifer protection permit applications submitted by the Virgil Town Board. Notification was sent to the Town due to statutory requirements. Councilman O'Donnell made a motion, seconded by Councilman Rocco, to receive and file correspondence from the Town of Virgil, dated October 30, 2008, notifying the Town of two aquifer protection permit public hearings to be conducted on November 13, 2008. All voting aye, the motion was carried. There was discussion regarding the contractual agreement between the Town and the Cortland City Youth Bureau. Deputy Supervisor explained that after discussion between himself, Supervisor Tupper, Highway Sup't. Bush, and John McNerney of the Youth Bureau, it was decided that the Town would benefit from utilizing the recreation services of the Youth Bureau to oversee the Ted Testa Park, Citizens Park, and Blodgett Mills Park. By utilizing the already established Youth Bureau, the Town would not have to hire its own recreation director. The Town Highway Department would continue to maintain the parks, such as mowing the fields. The Youth Bureau requested a contract amount of $98,750.00, which was included in the 2009 Preliminary Budget. Deputy Supervisor suggested the Board reduce the contractual amount to $70,000.00, and requested a motion be made to do so. 1 NOVEMBER 05, 2008 TOWN BOARD MEETING PAGE 5 Zoy E 1 RESOLUTION #224 AUTHORIZE SUPERVISOR TO AMEND THE 2009 PRELIMINARY BUDGET BY REDUCING THE CORTLAND CITY YOUTH BUREAU CONTRACT TO $70,000.00 Motion by Councilman O'Donnell Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to amend the 2009 Preliminary Budget by reducing the Cortland City Youth Bureau contract from $98,750.00 to $70,000.00 for recreation services. Councilman and Historian Rocco reported that because the Town does not have a building to store its historical artifacts, he was researching the possibility of purchasing a building through fundraising efforts. He thought it would be a great addition to have such a building in the Town. No further comments or discussion were heard. The meeting was adjourned at 7:55 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 December 5, 2008.