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.
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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
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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.
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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.
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NOVEMBER 05, 2008 TOWN BOARD MEETING
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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.