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HomeMy WebLinkAbout10-07-200935Z_ OCTOBER 07, 2009 5:00 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 Tupper Councilman, Theodore Testa Councilman, Ronal L. Rocco Councilman, John Proud Councilman, Gregory Leach Town Clerk, Karen Q. Snyder, RMC Others present were: Town Attorney, John B. Folmer; Town Highway Sup't. Carl Bush; Tim Neff; Steve Flatt; Paul Allen and Glen Reisweber from the Lime Hollow Nature Center; News Reporters, Eric Mulvihill from WXHC and Tom Wanamaker from the Cortland Standard; Grace Meddaugh for Channel 2, Access TV. Supervisor Tupper called the meeting to order. The draft Town Board Minutes of August 19, 2009, and the final Town Board Minutes of August 5, 2009 were presented to the Board for their review. RESOLUTION #149 AUTHORIZE PAYMENT OF VOUCHERS — OCTOBER Motion by Councilman Testa Seconded by Councilman Leach VOTES: ALL AYE ADOPTED BE IT RESOLVED, the vouchers submitted have been audited and shall be paid as follows: General Fund A Vouchers #612 - 649 $184,536.80 General Fund B B209 - B220 $ 20,552.79 Highway Fund DB D358 - D386 $228,228.60 Trust & Agency T31 - T32 $ 4,557.98 Special Grants CD24 - CD26 $ 9,955.00 Water Fund W242 - W257 $ 3,369.79 Sewer Fund S96 - S103 $ 3,352.20 Capital Project H8 - H8 $ 4,650.00 Supervisor Tupper offered privilege of the floor to Paul Allen and Glen Reisweber from the Lime Hollow Nature Center. Glen Reisweber, Executive Director, gave the Board an update on the Lime Hollow Nature Center for the year 2009. After an 18-month process, the Lime Hollow Nature Center will be entered in the AAA Tour Book. There are only three venues annotated as "go to" places in Cortland County: Cortland Repeartory Theater, 1890 House, and now the Lime Hollow Nature Center. Visitors to the Center have increased from 15,821 people in 2008, to 20,064 people in 2009, with 3,100 out of county visitors. According to figures set by Jim Dempsey ($59 in revenue per out of county visitor), the Center generated $182,000 in revenue for Cortland County. Mr. Reisweber apprised the Board the Center has a 20-kilowat solar panel system, built without taxpayer money, that is the largest array in the County. Also, the new Visitor Center on McLean Road is energy self -sustained. In 2009, the Lime Hollow Board focused on recreation: upgrade to Chicago Bog trail with state-of-the-art interpretive panels; installation of a 1.3 mile wilderness trail for less than $1,000; 0.3 mile wheelchair accessible trail; installation of 20' bridge; and a 147% increase in children attending summer camps from 2006-2009. Mr. Reisweber thanked the Board for their continued support regarding the following: the scholarship from Cortlandville which helped one child attend camp; street lighting on McLean Road; and the battle for a reduced speed limit and signage on McLean Road. He invited the Board and the citizens of the County to attend the "Fall Foliage Frost Walk" on Sunday, October 11, 2009 at 2:00 p.m. 1 r] 1 353 OCTOBER 07, 2009 TOWN BOARD MEETING PAGE 2 Paul Allen, new Board President, discussed the priorities of the Lime Hollow Nature Center, which included: programs for senior citizens; a new education center. He thanked the Board for their contributions. Supervisor Tupper offered privilege of the floor to Tim Neff. Tim Neff, resident of the Village of McGraw, discussed the flooding of Smith Brook and questioned the status of a formal plan to pull the pedestrian bridge in the future. Supervisor Tupper informed Mr. Neff that Attorney Folmer drafted a letter and submitted it to both the Village Mayor and Attorney for their review. Mr. Neff presented a letter to Town Clerk Snyder, which he stated put the Town "on notice" that a dangerous condition could possibly happen. The letter, dated October 2, 2009 and addressed to the Village Board of Trustees, requested an "Emergency Plan" be in place to pull the bridge. Councilman Rocco stated it was his understanding that the pedestrian bridge was installed at the request of the citizens of the Village of McGraw. Supervisor Tupper agreed, but added that the pedestrian bridge replaced the bridge that was removed. Residents requested a pedestrian bridge be installed to allow access from Academy Street to Clinton Street. Councilman Rocco recalled that the Town would remove the bridge when notified that the bridge should be removed. The Town was never called to remove the bridge. Councilman Rocco mentioned that he has been working with Town resident, Michael Smith regarding problems upstream, and recently attended a meeting with the DEC and CIMO regarding flooding. The US Army Corp of Engineers was asked to come look at the situation as well. Attorney Folmer noted that the letter submitted by Timothy and Connie Neff, dated October 2, 2009, should be received and filed as a "copy" of a notice addressed to the Village of McGraw Board of Trustees. There was no reference to the Town of Cortlandville in the notice, with the exception of a question, "who has the authority to invite the Town of Cortlandville into McGraw to pull the bridge?" The notice was not directed to the Town, nor would it be received as such. According to the Town's proposed agreement for the removal of the pedestrian bridge, the request must come directly from either the Village Mayor or Highway Foreman. No other request will be honored. Attorney Folmer stated, "the Town felt it was important that one of those two people assume the responsibility of having that bridge'removed." Mr. Neff questioned whether there would be practice drills for removing the bridge. Supervisor Tupper indicated that Highway Sup't. Bush designed the bridge, and the Town had the proper equipment to remove the bridge. He explained that the proposed agreement was very simple; if the Village wants the Town to pull the bridge the proper person will notify Highway Sup't. Bush, who will remove the bridge as quickly as possible. Mr. Neff questioned whether requirements could be added to the agreement to describe when and how the bridge would be removed. He mentioned that according to New York Alert, when a certain place is under alert where flooding is eminent, it would notify by phone/email/text message. He questioned whether such notification could be included in the agreement. Attorney Folmer stated that it would not be included. He reiterated that the notification process was very simple. If the Village decides that it wants the bridge pulled, it will notify the Town to that effect. Highway Sup't. Bush would remove the bridge, which would take about 1 hour. Mr. Neff submitted a "bill for out of pocket expenses" to the Board, which he indicated would be forthcoming in the letter of intent submitted August 18, 2009 to the Board. Monthly reports of the Code Enforcement Office, Town Clerk, Town Supervisor, and the Water & Sewer Department for the month of September 2009 were on the table for review and are filed in the Town Clerk's office. Under old business, Councilman Leach questioned the status of reducing the speed limit on Conable Avenue in the Town of Cortlandville. Town Clerk Snyder reminded the Board they received and filed correspondence from the NYS DOT at the last Town Board Meeting, which indicated that a formal investigation would be conducted. 35y OCTOBER 07, 2009 TOWN BOARD MEETING PAGE 3 Under new business, Supervisor Tupper apprised the Board he received a few phone calls regarding noise complaints from residents on Louise Drive and Owego St. Ext. regarding loud parties occurring on Owego St. Ext. (Route 215). Residents questioned why the Noise Ordinance was not being enforced; no tickets have been issued. A suggestion was also made by residents to change the time of enforcement from .11:00 p.m. to 9:00 p.m. Attorney Folmer reiterated the process for noise complaints. Residents should contact the County Sheriff's Department, who will investigate the complaint. The Sheriffs Department may try to get people in compliance before pursuing enforcement. Members of the Board recalled that the Town purchased decibel meter readers for the Sheriff's Department, and that training was conducted. The Board felt the decibel meter readers should be used and that tickets should be issued. The Board mentioned revisiting the Noise Ordinance to discuss changing the hours of enforcement/noise levels. Town Clerk Snyder reported on the progress of the dog enumeration being conducted in the Town. During the month of September 2009, $1,710 was collected in dog renewal fees compared to $1,186 collected in September 2008. Also, 186 new dog licenses were issued during the past month versus 126 licenses issued in 2008. She thanked Village of McGraw Clerk, Lori Aiken for her assistance with the dog enumeration and helping Village residents obtain dog licenses. However, she noted that the response from residents in the Village was not as high as she expected and may send an enumerator door-to-door in the Village. As she expected, she found that the average dog owner is not aware that a license is required in New York State. Attorney Folmer reported: Proposed Resolution regarding Oil & Gas Drilling: Attorney Folmer reported that a resolution regarding oil and gas drilling was included in the Board's agenda packet. The resolution was generated by James Weiss, Freetown Planning Board Chair, who corresponded with the Town regarding the Marcellus Shale. Included in the packet of information provided by Mr. Weiss was a draft resolution, which came from Senator Seward's office. Senator Seward hoped the adoption of the resolution would result in local municipalities expressing their belief that they should be involved in the SEQRA review for oil and gas drilling within their boundaries, and that their input be given significant weight when permits are granted. The suggestion was that the resolution be adopted and forward to the Governor, Senator, Assemblywoman, and Commissioner of the NYS DEC. Attorney Folmer drafted the resolution in the form as provided to the Board. He noted one change from the resolution provided by Senator Seward, via Mr. Weiss. Attorney Folmer changed the word "correspondence" to "corresponding" in the second paragraph of the resolution. He added that Town Clerk Snyder would certify the resolutions and forward them to the appropriate people. Attorney Folmer stated there was a great deal of concern regarding the Marcellus Shale in general and the process used to accomplish the drilling, which is not a desired practice. He apprised the Board the Marcellus Shale was one of the agenda items to be discussed at his upcoming BAR Association meeting. Members of the Board discussed their concerns regarding the Marcellus Shale and oil and gas drilling, which included the following: property owners selling their rights to the drilling companies; suggestion for property owners to consult an attorney before signing contracts; and the need for municipalities to look at the environmental review. Councilman Proud stated it was important for the Board to examine the SEQR supplemental environmental statement that was released by the NYS DEC. The Board has until the end of November to submit comments. According to Councilman Proud, once the supplemental generic statement is adopted by the DEC, the regulations would have a tremendous impact on Cortland County. Attorney Folmer stated it was important to note that once a contract is signed with the oil and gas drilling company, the property owner would be transferring an interest in the real property, which affects the title to the property. Therefore, he felt it was a good idea for an attorney to review such contracts. The attorney could make sure that the property owner has not "encumbered the property in such a fashion" that he/she would not be able to sell or finance the property. OCTOBER 07, 2009 TOWN BOARD MEETING PAGE 4 RESOLUTION #150 REQUEST THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION PROMULGATE REGULATIONS TO REQUIRE THAT LOCAL GOVERNMENTS BE DESIGNATED AS INVOLVED AGENCIES FOR SEQRA PROCEEDINGS RELATING TO NATURAL GAS PERMIT APPLICATIONS Motion by Councilman Proud Seconded by Councilman Leach VOTES: ALL AYE ADOPTED WHEREAS, it is estimated that the geologic rock bed known as Marcellus Shale may contain up to several trillion cubic feet of natural gas; and WHEREAS, dramatic increases in the price of crude oil and the corresponding need to reduce our nation's dependence on foreign oil have resulted in a tremendous increase in interest and activity relating to natural gas exploration and drilling; and WHEREAS, municipalities in which natural gas drilling is proposed should be consulted regarding natural gas permit applications and the comments of municipalities should be considered and given significant weight when determinations relating to natural gas permit applications are made; NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Cortlandville requests that the Department of Environmental Conservation promulgate regulations to require that local governments be designated as involved agencies for State Environmental Quality Review Act (SEQRA) proceedings relating to natural gas permit applications for proposed sites within the boundaries of the local governments and that local governments' views be solicited and given significant weight when determinations relating to natural gas permit applications are made, and be it further RESOLVED, that copies of the resolution shall be forwarded to Governor David Paterson, Senator James L. Seward, Assemblywoman Barbara Lifton and Commissioner Alexander B. Grannis, New York State Department of Environmental Conservation. RESOLVED, that copies of the resolution shall be forwarded to Governor David Paterson, Senator James L. Seward, Assemblywoman Barbara Lifton and Commissioner Alexander B. Grannis, New York State Department of Environmental Conservation. Workplace Violence Policy: Attorney Folmer referred to the proposed Workplace Violence Policy, which he corrected and resubmitted to the Board for their review. Comments previously made by the Board were addressed and typographical errors were fixed. Attorney Folmer questioned whether the Board was ready to adopt the policy. Supervisor Tupper noted that the deadline for adoption of the policy already passed. He suggested the Board adopt the policy. He also noted that he was making arrangements with Paychex to conduct a 1-hour seminar of violence in the workplace, which would get the Town in compliance with labor laws. A seminar regarding sexual harassment would also be scheduled. There was discussion regarding whether or not weapons should be allowed on town property. Councilman Rocco voiced his concerns. Other than law enforcement personnel, he did not feel that weapons should be allowed on town property whatsoever, including vehicles on town property. He was concerned for the safety of town employees. Town Clerk Snyder questioned whether his intent was for employees or constituents who come to the municipal building for town business. The Town Clerk's office sells conservation licenses, which increases the likeliness of a customer having a weapon in his/her vehicle. Councilman Leach questioned whether the Board would be violating a citizen's constitutional right to carry a weapon, and if the Town could be challenged beyond the Board's intent. Attorney Folmer stated the workplace violence policy does not address the question of whether or not employees should or should not be permitted to have weapons on the premises. Employees are bound to comply with the policy as it pertains to workplace violence. Whether or not employees are able to carry a weapon on town property was a subject for the town personnel policy. 3 5(0 OCTOBER 07, 2009 TOWN BOARD MEETING PAGE 5 RESOLUTION #151 ADOPT TOWN OF CORTLANDVILLE WORKPLACE VIOLENCE POLICY Motion by Councilman Proud Seconded by Councilman Testa VOTES: ALL AYE ADOPTED WHEREAS, the Town of Cortlandville is committed to providing staff, officers, and visitors with an environment of respect and safety that encourages productive employment and that is secure and free from threats, intimidation, and violence, therefore BE IT RESOLVED, the Town Board does hereby adopt the following Workplace Violence Policy, as Town policy: TOWN OF CORTLANDVILLE WORKPLACE VIOLENCE POLICY I. Purpose: The Town of Cortlandville is committed to providing staff, officers, and visitors with an environment of respect and safety that encourages productive employment and that is secure and free from threats, intimidation, and violence. 2. Definition: Workplace violence is any physical or non-physical act that results in threatened or actual harm to a person or threatened or actual damage to property. It includes any threatening words or actions whether verbal or non-verbal, including the unlawful possession of a weapon, which, creates in the mind of another a reasonable belief of receiving immediate or future harm to any person or property. 3. Policy: The Town of Cortlandville will not tolerate physical or non-physical acts of workplace violence. All alleged violations of this policy will be immediately reviewed to determine whether further investigation is necessary. Employees, officers, or visitors who commit violent acts or who are found to engage in behavior in violation of this policy will be subject to corrective and/or disciplinary action, up to and including termination. Appropriate legal action may be taken against visitors who violate this policy. The Town may sanction individuals involved in cases of misconduct in violation of this policy when any such act occurs in one of the following circumstances: a. the act is committed on Town property or at a Town sponsored activity; b. the act is committed by a person while acting in an official capacity or while conducting or involving Town business. (note: This policy shall not be interpreted as inhibiting an employee's First Amendment rights of free speech and association except as specifically permitted by federal law. 4: Prohibited Conduct and Behavior: Any conduct or behavior that threatens or endangers the health or safety of any person is prohibited. The following is a non -exhaustive list of specific examples of physical and non-physical conduct and behavior that may be considered workplace violence and are prohibited: a. Intimidating, threatening or hostile statements, actions or gestures. b. Intimidation through direct, conditional, or veiled threats. c. Intimidation through unjust exercise of power or authority. d. Bomb threats. e. Slurs regarding another person's ethnicity, national origin, gender, religion or religious affiliation, disability, or sexual orientation, or profanity or obscene gestures which create in the mind of another a reasonable belief of immediate or further words; etc. 357 OCTOBER 07, 2009 TOWN BOARD MEETING - PAGE 6 f. Threatening comments regarding, or referenced to, violent events and/or behaviors. g. Physical abuse, assault or attack, or physically touching another person in an intimidating, malicious, or sexually harassing manner- includes, but is not limited to, such acts as hitting, slapping, poking, kicking, pinching, grabbing, pushing, bullying, hazing, "getting in your face", and fist-waving/shaking. h. Vandalism, arson, or sabotage. i. Throwing objects and things, regardless of the size or type of object being thrown or whether a person is the target of thrown object. j. Intentional damaging or destruction or sabotage of Town property or equipment or another's property or equipment or any substantial threat to destroy property or equipment. k. Carrying weapons of any kind, other than by a law enforcement officer or as otherwise provided by law, onto Town property or onto property utilized for Town programs or activities. 1. Harassing phone calls- includes calls made by one employee to another in the workplace or outside the workplace, or an employee in the workplace to an individual outside (non-member) of the Town. 5. Town Supervisor's Responsibilities a. Disseminate this to Department Heads. b. Evaluate any report of an alleged threat by assessing its perceived intent and the capacity and the means to fulfill the threat. c. Process and review corrective/disciplinary actions. d. If appropriate, may require the provisions of written verification from a physician or mental health provider that the violation does not constitute a threat of harm. 6. Department Head's Responsibilities: Department Heads are responsible for informing employees of this policy and its enforcement and should evaluate any alleged threat by assessing its perceived intent and the capacity and the means to fulfill the threat. Factors to consider include the nature and likelihood that harm will occur. a. If the circumstances do not indicate imminent danger to persons or damage to property: (1) Document the circumstances associated with the event to indicate a record of information from all involved employees and witnesses, and an evaluation of the circumstances. (2) Contact the Town Supervisor to report incidences involving employees. The Town Supervisor will provide guidance and assistance on items c and d below; (3) Promptly develop and implement a plan of action; (4) Promptly initiate appropriate corrective/disciplinary action based upon the individual's degree of involvement, to include possible counseling referrals. Appropriate action may include obtaining written verification from an individual's physician or mental health provider that he or she does not constitute a threat of harm. b. In the event of imminent danger or an incident of violence involving injury to persons or damage to property. (1) Notes the Cortland County Sheriff or the New York State Police. (2) Seek assistance for the person needing care; (3) Document circumstances associated with the event to include a record of information from all involved employees or witnesses, and an evaluation of the circumstances. (4) Promptly develop and implement a plan of action; 358 OCTOBER 07, 2009 TOWN BOARD MEETING PAGE 7 (5) Promptly initiate appropriate corrective/disciplinary action based on the individual's degree of involvement. Appropriate action may include obtaining written verification from an individual's physician or mental health provider that he or she does not constitute harm. 7. Employee and Town officers Responsibilities a. Should any person be in what they perceive as danger from workplace violence, as defined herein, they shall take immediate steps that lead to their safety, including leaving the premises, if necessary. b. Be aware of the workplace violence policy. c. Report violations of the policy to an appropriate, immediate supervisor, or department head. d. In an effort to promote a safer work environment, employees who are the victims of domestic violence should report issuance of a restraining order against any individual who has threatened to act in violation of this policy. Employees who believe they may be the recipients of violence are encouraged to promptly notify an appropriate administrator. Confidentiality will be maintained to the extent allowed by law. Councilman Rocco excused himself at 5:51 p.m. Stormwater Management Plan Process — Major Project Plan/Minor Project Plan: Included in the Board's agenda packet were two memorandums that were previously received and filed from Tom Williams, dated November 14, 2008, regarding Stormwater Management Major and Minor Project Plans. Attorney Folmer explained that both the Major and Minor Project Plans were being utilized by the Planning Board as policy, however he requested the Board formally adopt both plans as Town authorized documents. The Board made one change to the documents regarding the title "Town Planning Director," which was changed to the correct title "Town Planning and Zoning Officer." RESOLUTION #152 ADOPT THE STORMWATER MANAGEMENT PLAN PROCESS — MAJOR PROJECT PLAN, AND STORMWATER MANAGEMENT PLAN PROCESS — MINOR PROJECT PLAN, AS AMENDED, AS TOWN POLICY Motion by Councilman Testa Seconded by Councilman Proud VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby adopt the Stormwater Management Plan Process - Major Project Plan, and the Stormwater Management Plan Process - Minor Project Plan, as amended, as Town policy, as submitted with one change - Town Planning Director to Town Planning and Zoning Officer. Councilman Rocco returned to the meeting at 5:53 p.m. Annexation of Property on Bell Drive: Attorney Folmer informed the Board he received the maps necessary to proceed with the annexation process for property located on Bell Drive. The properties are located in the Village of Homer, Town of Cortlandville. Councilman Testa made a motion, seconded by Councilman Proud, to receive and file correspondence from Fiscal Advisors & Marketing Inc., dated September 17, 2009, advising the Town the invoice received for Material Events, dated August 28, 2009, stated the rating downgrade was for FSA but should have read AMBAC. All voting aye, the motion was carried. 359 OCTOBER 07, 2009 TOWN BOARD MEETING PAGE 8 RESOLUTION #153 SCHEDULE PUBLIC HEARINGS FOR FEDERAL SMALL CITIES COMMUNITY DEVELOPMENT BLOCK GRANT — FOR OCTOBER 21, 2009 AND NOVEMBER 4, 2009 Motion by Councilman Proud Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, Public Hearings shall be scheduled for October 21, 2009 at 5:00 p.m. and November 4, 2009 at 5:00 p.m. regarding an application to New York State for funding under the Federal Small Cities Community Development Block Grant Program. There was discussion regarding correspondence from NYS DEC regarding National Flood Insurance Program Flood Insurance Rate Maps for Cortland County. Attorney Folmer stated the correspondence confirms the existence of the revised FEMA maps. The Town would have to adopt a local law in November/December in order for the local law to be reviewed in February by the appropriate people at the DEC. A sample local law was provided to the Board. Councilman Proud made a motion, seconded by Councilman Rocco, to receive and file correspondence from the New York State Department of Environmental Conservation, dated September 9, 2009, regarding the Town's participation in the National Flood Insurance Program and adoption of the new Flood Insurance Study and Flood Insurance Rate Maps by the Town; as well as to receive and file correspondence from The Federal Emergency Management Agency (FEMA), dated September 4, 2009, regarding new Flood Insurance Rate Maps (FIRM), Flood Insurance Study (FIS) and Base Flood Elevations (BFEs) for the Town of Cortlandville, and the requirement to adopt the necessary floodplain management regulations. All voting aye, the motion was carried. RESOLUTION #154 AUTHORIZE USE OF THE RAYMOND G. THORPE MUNICIPAL BUILDING FOR THE DEFENSIVE DRIVING COURSE FOR THE YEAR 2010 Motion by Councilman Rocco Seconded by Councilman Proud 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 2010 per the submitted schedule, and subject to the availability of the municipal building. RESOLUTION #155 AUTHORIZE SUPERVISOR TO SIGN THE OWNER - OCCUPIED LOAN AGREEMENT BETWEEN THE TOWN AND GRACE BARTHOLOMEW FOR THE 2008 HOME GRANT SENIOR HOUSING REHABILITATION PROGRAM Motion by Councilman Rocco Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby authorize the Supervisor to sign the Owner - Occupied Loan Agreement between the Town of Cortlandville and Grace Bartholomew, 521 McLean Road, Cortland, New York, for a 100% deferred loan for the 2008 HOME Grant - Senior Housing Rehabilitation Program in the amount of $20,261.00. Councilman Proud made a motion, seconded by Councilman Rocco, to receive and file correspondence from Senator James Seward to Carol Ash, Commissioner, Office of Parks, Recreation and Historic Preservation, dated October 1, 2009, in support of the Town's EPF Grant application for upgrades to the Ted Testa Park. All voting aye, the motion was carried. 3�)G OCTOBER 07, 2009 TOWN BOARD MEETING PAGE 9 RESOLUTION #156 AUTHORIZE SUPERVISOR TO SIGN AGREEMENT WITH THOMA DEVELOPMENT CONSULTANTS FOR GRANT WRITING SERVICES FOR THE 2009 WATER QUALITY IMPROVEMENT PROJECTS Motion by Councilman Rocco Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to sign the agreement with Thoma Development Consultants for grant writing services for the 2009 Water Quality Improvement Projects. Supervisor Tupper questioned if there was anything further to come before the Board. In regard to tax collection, Councilman Testa questioned whether it would be possible to collect the Town and County tax bill in 2 installment payments, and whether the Board could request the County Legislature approve installment payments. Supervisor Tupper recalled that the Board discussed installment payments with the County in the past, which the County was not interested in. Town Clerk/Tax Collector Snyder apprised the Board that under Real Property Tax Law §925, there is another option called partial payments that the Board could request the Legislature look into. She explained the partial payment process to the Board, which included the following: • Partial payments could be adopted by the County Legislature, and would apply countywide • Payments to the Town Supervisor and County Treasurer would remain the same • Penalties would remain the same — they would apply to the partial payment that remains, 1% each month after January 3 1 " • If a taxpayer did not take advantage of the partial payment by January 315t the tax bill would become non -applicable to the rest of the rule • Taxpayers would have until May 31" to pay the entire tax bill Councilman Rocco felt that the County would be interested in allowing partial payments. Town Clerk Snyder explained that allowing partial payments could create "cash flow" problems for other towns in the County. The Town of Cortlandville should not have a problem because the Town Supervisor is paid in full by January 31 St each year, and the County Treasurer is also paid. Smaller towns may not be able to satisfy their town budget as timely. Members of the Board felt that partial payments would benefit the taxpayers of Cortlandville, and suggested the matter be looked into further. Attorney Folmer and Town Clerk Snyder would research the issue further and report back to the Board. Supervisor Tupper mentioned that along with representatives from Wal-Mart, members of the Town Board and Planning Board attended the groundbreaking ceremony for the new Wal- Mart Supercenter, which took place October 7, 2009. Supervisor Tupper welcomed the Wal- Mart Supercenter to Cortlandville, and future expansion along the Route 281/Route 13 corridor. No further comments or discussion were heard. Councilman Testa made a motion, seconded by Councilman Proud, to adjourn the Regular Meeting. All voting aye, the motion was carried. The meeting was adjourned at 6:10 p.m. Respe tfully submitted, �. S 4, &, J 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 4, 2009. The final version of this meeting was approved as written at the Town Board meeing of April 7, 2010. 1 1 1