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Home My WebLink About12-03-2008z 15- DECEMBER 03, 2008 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; Highway Sup't. Carl Bush; News Reporter, Elaine Hughes from the Cortland Standard; and Sharon Stevans for Channel 2, Access TV. Supervisor Tupper called the meeting to order. Those in attendance stood for the Pledge of Allegiance. Councilman O'Donnell made a motion, seconded by Councilman Proud, to approve the Town Board Minutes of June 4, 2008 as submitted. All voting aye, the motion was carried. Councilman O'Donnell made a motion, seconded by Councilman Proud, to approve the Town Board Minutes of June 18, 2008 as submitted. All voting aye, the motion was carried. Councilman O'Donnell made a motion, seconded by Councilman Proud, to receive and file the Cortlandville Planning Board Minutes of September 30, 2008. All voting aye, the motion was carried. Councilman O'Donnell made a motion, seconded by Councilman Proud, to receive and file the Cortlandville Zoning Board of Appeals Minutes of September 30, 2008. All voting aye, the motion was carried. Councilman Proud made a motion, seconded by Councilman Testa, to receive and file the Cortlandville Planning Board Minutes of October 28, 2008. All voting aye, the motion was carried. The Draft Town Board Minutes of November 5, 2008 and November 19, 2008 were presented to the Board for their review. RESOLUTION #236 AUTHORIZE PAYMENT OF VOUCHERS — DECEMBER Motion by Councilman Proud 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 General Fund B Highway Fund DB Trust & Agency Capital Projects Water Fund Sewer Fund Vouchers #619 - 649 $221,267.37 B 193 - B200 $ 85,136.01 D443 - D456 $ 27,435.65 T16 - T16 $ 31,958.69 H1 - H2 $ 7,765.63 W298 - W306 $ 1,964.55 S 141 - S 142 $ 2,527.93 Supervisor Tupper offered privilege of the floor to those in attendance. No comments or discussion were heard. Monthly reports of the Town Clerk and Code Enforcement Officer for the month of November 2008 were on the table for review and are filed in the Town Clerk's Office. DECEMBER 03, 2008 TOWN BOARD MEETING PAGE 2 Town Clerk Snyder reminded the Board there were two scheduled public hearings for December 17, 2008 at 5:00 p.m. for the Aquifer Protection Permit applications of Lowe's and Heidi Raulsten. Although he had no business to report to the Board, Attorney Folmer requested they convene to an Executive Session at the conclusion of the Regular Meeting to discuss a personnel matter. RESOLUTION #237 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, 2009 Motion by Councilman Proud Seconded by Councilman Testa 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 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-eight (88) percent to eighty-seven (87) percent, and to therefore increase the percent of the insurance premium that the employees are responsible for from twelve (12) percent to thirteen (13) 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 Contributions 10 years 47% 15 years 57% 20 years 67% 25 years 77% AND BE IT FURTHER RESOLVED, the changes to the Personnel Policy shall be effective January 1, 2009. RESOLUTION #238 AMEND 2002 PERSONNEL POLICY SECTION 914 — RECOGNITION AWARDS, EFFECTIVE JANUARY 1, 2009 Motion by Councilman Proud Seconded by Councilman Testa VOTES: ALL AYE ADOPTED WHEREAS, the Town of Cortlandville believes it is important to recognize employees for their long-term service to the Town and has presented service awards to employees who have worked for the Town for ten years and every five years thereafter, and WHEREAS, after review of the longevity payment schedule it was determined that the longevity payments for long-term employees had not been updated since the 1980's and should be revised, therefore 1 DECEMBER 03, 2008 TOWN BOARD MEETING PAGE 3 Z17 1 BE IT RESOLVED, the Town Board does hereby amend the 2002 Personnel Policy Section 914 — Recognition Awards, by presenting service awards to employees who have worked for the Town for five years and every five years thereafter, and to award the employee with a longevity payment according to the following schedule: AFTER COMPLETION OF LONGEVITY PAYMENT 5 years of full-time service $ 200.00 10 years of full-time service $ 500.00 15 years of full-time service $ 750.00 20 years of full-time service $1,000.00 25 years of full-time service $1,250.00 30 years of full-time service + $1,500.00 AND BE IT FURTHER RESOLVED, the changes to the Personnel Policy shall be effective January 1, 2009. RESOLUTION #239 ACCEPT PROPOSAL FROM STOCKWIN SURVEYING FOR THE COMPLETE AS -BUILT FINAL SURVEY FOR THE STARR ROAD PARK & RECREATION CENTER (TED TESTA PARK) IN THE AMOUNT OF $2,750.00 Motion by Councilman Rocco Seconded by Councilman Proud VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby accept the proposal from Stockwin Surveying for the complete as -built final survey for the Starr Road Park & Recreation Center (Ted Testa Park), in the amount of $2,750.00, in order to complete the closeout for the Town's 2008 Grant from the Dormitory Authority. There was a brief discussion regarding the shift of operation into an Empire Zone for Cortland ENT located on Commons Avenue. The medical facility planned to purchase Pomeroy Place in the City of Cortland to expand its operations. Town Clerk Snyder explained that the Town Board must conduct a public hearing before voting on the shift of operation. RESOLUTION #240 SCHEDULE PUBLIC HEARING FOR SHIFT OF OPERATION INTO AN EMPIRE ZONE FOR CORTLAND ENT PC Motion by Councilman Rocco Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, a Public Hearing shall be scheduled for December 17, 2008 at 5:00 p.m. or as soon thereafter as the parties may be heard regarding the Shift of Operation into an Empire Zone for Cortland ENT PC, located at 1104 Commons Avenue in the Town of Cortlandville, to 64 Pomeroy Street in the City of Cortland Empire Zone. RESOLUTION #241 AUTHORIZE CHANGE ORDER #10 FROM VACRI CONSTRUCTION FOR THE NYS ROUTE 281/MCLEAN ROAD WATER IMPROVEMENT PROJECT Motion by Councilman O'Donnell Seconded by Councilman Testa VOTES: ALL AYE ADOPTED Z18 DECEMBER 03, 2008 TOWN BOARD MEETING PAGE 4 BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to execute Change Order 410 from Vacri Construction in the amount of $366.41 for the NYS Route 281/McLean Road Water Improvement Project. Supervisor Tupper apprised the Board he expected a list from Town Engineer, Hayne Smith regarding the status of the Vernon Drive/Starr Road Sewer Improvement Project and the NYS Route 281/McLean Road Water Improvement Project. The Water Improvement Project was complete except for landscaping. Landscaping for the Sewer Improvement Project was also complete, however Engineer Smith feared the grass would not germinate because it snowed the day the ground was seeded. Engineer Smith was holding back final payment to see if the grass survived. RESOLUTION #242 AUTHORIZE BUDGET OFFICER TO PROCEED WITH PREPARATION OF THE TRANSFER OF FUNDS TO BALANCE ACCOUNTS FOR THE 2008 BUDGET Motion by Councilman O'Donnell Seconded by Councilman Proud VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Budget Officer is hereby authorized and directed to proceed with the preparation of the transfer of funds to adjust the accounts for the 2008 Budget for the Town of Cortlandville. There was discussion regarding the amount of money to be expended from the Sewer Improvement Capital Reserve Fund for the Vernon Drive/Starr Road Sewer Improvement Project. Supervisor Tupper explained that in 2007 the Board adopted a resolution authorizing the expenditure of $280,000 from surplus funds, subject to permissive referendum. Bookkeeper, Marcia Hicks requested the Board amend the resolution to reflect the amount expended from the surplus account, which was $113,000. Bookkeeper Hicks was concerned the auditor would question why the money was not spent from surplus as originally planned. Supervisor Tupper explained that the Town went to bond for the remainder of the funds. Attorney Folmer advised the Board they could decrease the amount to be expended from the Sewer Improvement Capital Reserve Fund, and suggested they do so by resolution. However, Attorney Folmer requested the Board table action on the matter until December 17, 2008 to allow him the opportunity to speak with the Bookkeeper. RESOLUTION #243 TABLE ACTION ON AMENDING RESOLUTION #31 OF 2007 REGARDING THE AMOUNT TO BE EXPENDED FROM THE SEWER IMPROVEMENT CAPITAL RESERVE FUND FOR THE VERNON DRIVE/STARK ROAD SEWER IMPROVEMENT PROJECT UNTIL DECEMBER 17, 2008 Motion by Councilman Proud Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby table action on an amendment to Town Board Resolution #31 of 2007 regarding the amount to be expended from the Sewer Improvement Capital Reserve Fund for the Vernon Drive/Starr Road Sewer Improvement Project until December 17, 2008, to give the Town Attorney the opportunity to speak with the Town Bookkeeper. Supervisor Tupper explained that the State of New York charged the Town of Cortlandville less for retirement than what was allocated in the 2008 budget. The Town must therefore roll the money over into the already established retirement contribution reserve funds. Supervisor Tupper anticipated that due to the current status of the State, the Town might have to increase its contributions in the future. Z19 DECEMBER 03, 2008 TOWN BOARD MEETING PAGE 5 RESOLUTION #244 AUTHORIZE SUPERVISOR TO TRANSFER THE 2008 UNEXPENDED RETIREMENT APPROPRIATIONS INTO THE RETIREMENT CONTRIBUTION RESERVE FUND Motion by Councilman Rocco Motion by Councilman Proud VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to transfer the 2008 Unexpended Retirement Appropriations into the Retirement Contribution Reserve Fund to be used for future retirement costs from the following funds: General Fund (A) $ 2,645.00 General Fund (B) $ 8,227.00 Highway Fund (DB) $13,456.00 Sewer Fund (SS) $ 4,453.00 Water Fund (SW) $ 4,341.00 TOTAL: $33,122.00 For accounting purposes, Supervisor Tupper requested authorization to create two Capital Project Funds for the Vernon Drive/Starr Road Sewer Improvement Project and the NYS Route 281/McLean Road Water Improvement Project. Creating the accounts would allow the Bookkeeper to account for the project costs, reimburse the sewer and water operating funds used for the projects prior to bonding, and to show the expense and revenue in the capital funds with regard to the projects. RESOLUTION #245 AUTHORIZE SUPERVISOR TO CREATE TWO CAPITAL PROJECT FUNDS FOR THE VERNON DRIVE/STARR ROAD SEWER IMPROVEMENT PROJECT AND THE NYS ROUTE 281/MCLEAN ROAD WATER IMPROVEMENT PROJECT Motion by Councilman Proud Seconded by Councilman Testa VOTES: ALL AYE ADOPTED WHEREAS, the Town Bookkeeper requested authorization to create two Capital Project funds to account for the project costs, to complete the accounting adjustments needed to pay back the sewer and water operating funds, and to show the expense and revenue in the capital funds with regard to the Vernon Drive/Starr Road Sewer Improvement Project and the NYS Route 281/McLean Road Water Improvement Project, therefore BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to establish the following Capital Project funds: HA — Vernon Drive/Starr Road Sewer Project HB — NYS Route 281/McLean Road Water Project Councilman Rocco noted that he appreciated the monthly reports submitted by Code Enforcement Officer, Tom Williams. He stated that the reports show the growth in the Town over the past few years. No further comments or discussion were heard. Councilman Rocco made a motion, seconded by Councilman O'Donnell, to recess the Regular Meeting to an Executive Session to discuss a personnel matter. All voting aye, the motion was carried. The meeting was recessed at 7:25 p.m. z z 0 DECEMBER 03, 2008 TOWN BOARD MEETING PAGE 6 The following information was received from the Supervisor's office. Councilman Testa made a motion, seconded by Councilman O'Donnell, 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 O'Donnell, to adjourn the Regular Meeting. All voting aye, the motion was carried. The meeting was adjourned at 8:00 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 17, 2008 1 1