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HomeMy WebLinkAbout11-05-2003NOVEMBER 05, 2003 7:00 P.M. 283 1 PUBLIC HEARING NO. 1 2004 PRELIMINARY BUDGET A Public Hearing was held by the Town Board of the Town of Cortlandville at the Town Hall, 3577 Terrace Road, Cortland, New York, concerning the 2004 Preliminary Budget. Members present: Supervisor, Raymond Thorpe Councilman, Theodore Testa Councilman, Edwin O'Donnell Councilman, Ronal Rocco Councilman, John Pilato Town Clerk, Karen Q. Snyder Others present were: Town Attorney, John Folmer; Highway Sup't., Carl Bush; James Trasher of Clough, Harbour & Associates; Planning Board Member, Nick Renzi; Deputy Town Clerk, Kristin Rocco; Town Bookkeeper, Marcia Hicks; County Legislator, Kay Breed; Renee Lucas of the Cortland Standard: John Carroll; Nancy Hansen; Jim Reeners; Jeff Hering; Matthew Petrella; Sandra and Randy Walls; Ed Sloan; Regan and Tim Darbishire; Scott Elston; and Gene Barker. Supervisor Thorpe called the Public Hearing to order. The Town Clerk read aloud the Legal Notice as published, posted and filed. Before opening the Public Hearing for public comment, Supervisor Thorpe informed those in attendance that he has been angry about the 2004 Budget for the past two months. The current situation was a repeat of a situation that occurred five years ago, in which there was a collaboration between the County of Cortland and the City of Cortland which ultimately effected the Town. Supervisor Thorpe explained that a few months ago there was another "unholy collusion" between the County and City to redistribute the sales tax. The towns and villages were not privy to the negotiations which took place at that time. The town supervisors and village mayors met to modify the proposal so that the impact on the city, towns and villages would be the same. Supervisor Thorpe stated that he and the rest of the Board were distressed over the Town's increase in taxes for the year 2004. Supervisor Thorpe warned those in attendance that the Town's tax rate nearly doubled as it increased 79%. The Town tax rate proposed in the 2004 Budget is $4.96 compared to the current $3.00 rate. The Village tax rate is $2.79 opposed to the current $2.22. He indicated that the Board carefully reviewed the budget. Regarding any further cuts in the 2004 Budget, he mentioned that for every $10,000 cut from the budget, the Town's tax rate would be reduced by $0.03. Supervisor Thorpe stated the Town has forty employees, none of which are expendable. The budget could not be reduced by eliminating personnel or by eliminating services. He asked those in attendance for any suggestions. Councilman Rocco jokingly stated that he "tried to borrow $300,000 in one dollar bills from the Bank for the evening ... and just put it right here to show you what it looks like because that's what we're losing, and probably a little more, that the County is taking away from us, which works out to be about $6,000 a week." He explained that by taking away sales tax money from towns and villages, the County would be reducing the amount they would have to increase taxes on the County level. The County is in effect making all the towns and villages, who are good stewards of the taxpayers' dollar, share the "ugliness" of the County's budget. If the County did not take money away from the Town, the County would have to increase its taxes much more significantly, while the Town would be able to present its usual budget with a minimal tax increase. 281 NOVEMBER 05, 2003 PUBLIC HEARING NO. 1 PAGE 2 Councilman Rocco apprised those in attendance that the Town's salaries make up 19% of the budget, while healthcare is about 10% of the budget. On the other hand, the County faces huge expenses for salaries and healthcare. Councilman Testa commented that in 2003 Town taxes for properties assessed at $100,000 was $300, while in 2004, taxes would be $496. Therefore, there would be an increase of $196 on properties assessed at $100,000 in the Town. County Legislator, Kay Breed, apprised the Board and those in attendance that Councilman Rocco was correct in stating that the County had taken money away from the towns and villages. She stated the Republicans on the Legislature were fighting hard and hoped that after January, with a Republican majority, the agreement could be amended in some way to give the money back to the Town for its budget. Mrs. Breed stated there have been many battles in the County. Those County legislators who voted to take money away from the towns and villages were not re-elected. She assured the Board that the Town's legislators stood up for the Town and fought hard. Another issue Mrs. Breed brought up was the "Yes Vote," which means that a yes vote is automatically entered for an absent legislator. If the legislator has a conflict of interest regarding the matter to be voted on, and he/she is not present, his vote is still recorded as yes, which is illegal. Mrs. Breed made the motion for the resolution to change the "Yes Vote," which has not passed on the floor yet. Supervisor Thorpe apprised those in attendance that the Town's tax increase could have been remarkably worse than it is. This year, due to the Town's frugal management of funds, there was a surplus of $1.6 million dollars. In order to keep the tax rate down for the 2004 budget the Town used $1.2 million from the surplus. The Town would be left with a surplus of about $300,000 for 2004. Supervisor Thorpe felt the public should have an idea of what went on to manipulate the numbers for the budget. Town resident, Ed Sloan questioned whether the Town would face a similar tax increase if the rules did not change regarding sales tax. He was concerned that if: the Town used $1.2 million from its surplus to keep the tax rate as low as possible, next year there would not be such a large surplus available for the 2005 tax year. Supervisor Thorpe stated he did not think the tax rate for 2005 would be any greater than it would be for 2004. He agreed there would be a much smaller surplus to use for 2005. Councilman Rocco stated there would be a big problem if sales do not increase, and noted that the Town has been fortunate with new businesses entering the Town, such as County Inn & Suites hotel, which would generate sales tax. The Town also has car dealerships and retail establishments, which generate sales tax. Councilman Testa interjected and reminded the Board that the sales tax revenue from car dealerships go to the town/city/village in which the buyer resides. Town resident, Randy Walls, stated it did not make any difference because the County had a behind -the -door meeting that redistributed the tax money. Supervisor Thorpe stated the County "took their piece of the pie, and would not listen to us when we argued it was unfair." He stated everyone recognizes that the County needs more money, but when you "steal from Peter to pay Paul," they ought to be somewhat equal. The City of Cortland did not suffer as badly as the Town of Cortlandville. Councilman Rocco questioned who was in charge at the County Legislature, and who made the decisions. He felt strongly that the position of County Administrator should be elected rather than appointed so that if he was not doing his job he could be thrown out of office. He also felt that the County Administrator's ability to make decisions was hampered by the fact that he was not sure of his own responsibilities. Councilman Rocco spoke in regards to the problem that developed in county government and the lack of cutbacks made when early retirement was offered. Instead of reducing the number of personnel when people chose early retirement, new employees were hired to fill all the positions. Councilman Rocco stated that the County should have taken advantage of the early retirement option and not hired all new employees. Town resident, Jim Reeners stated the amount of sales tax revenue generated each year is not a significant percentage. He was concerned about the Town using $1.2 million dollars from its surplus for the 2004 budget. He commented that if the Town does not have $1.2 million to use for the 2005 budget, the Town would be looking at a 300% increase for the 2005 budget. zgs NOVEMBER 05, 2003 PUBLIC HEARING NO. 1 PAGE 3 Councilman Rocco apprised Mr. Reeners that there would probably be over $500,000 in surplus for 2004. The Town would never want the surplus to be depleted, but the Town had to use some of the surplus in order to avoid raising the taxes to $7.60. Mr. Reeners stated a surplus is generated by not spending money within the budget that you have. He questioned how the Town would have a surplus when it does not have enough money to begin with. To think that the Town would have a surplus down the road was not realistic to Mr. Reeners. Councilman Testa stated growth was happening in the Town of Cortlandville. When businesses come to the Town, Cortlandville taxpayers provide the business with water, sewer, roads, lighting, etc. The Town provides the sales tax, but does not get a bigger share. Councilman Rocco stated the Town spends money for things such as water and sewer, and is not reimbursed by the County. The problem was that the County has decided to take more of the sales tax, and does not have to do anything for the Town. He also mentioned the various County programs the Town supplements, such as the Sheriff's Department, the library, the SPCA, all the youth programs. Supervisor Thorpe apprised those in attendance that in anticipation of what was going to happen with the budget, the Board directed all the department heads months ago to minimize purchases this year. He could not predict what the surplus would be at the end of the fiscal year, but knew it would not be $1.2 million. Supervisor Thorpe stated he heard the argument that the way to decrease taxes is to increase assessed evaluation, or rather build in the Town. He apprised those in attendance that for every million dollars in assessed evaluation increase, the taxes on that million would be $4,790. You cannot compensate by increasing the assessed evaluation in the Town. Mr. Sloan stated that the County would also be collecting taxes on the assessed value at a higher rate, which would reduce the County's need to take sales tax from the Town. Jim Reeners stated he did not understand why Cortland County has the highest per capita rate of social services and mandate funds out the entire state. He questioned why people who need the services come to Cortland County and do not leave the area, and whether this concern was being addressed. Councilman Rocco stated that there is an incredible willingness of this society to take care of people. Legislator Kay Breed apprised the Board and Mr. Reeners that the issue is being addressed and looked into. Councilman Pilato stated that one of the issues is that Cortlandville is right up the NYS Route 281 corridor. People who need help will go to an area where services are easily provided. He stated that people move to the area regardless of whether they need help or not because the area offers a good quality of life for people from various economic statuses. An unknown resident discussed the issue that in the past the number of manufacturing jobs was greater than the number of government service jobs; today it is the opposite. He stated that the County needs to do something to attract business to the area, as there is an outstanding labor force here. Town resident Randy Walls stated he was on a budget just like others and if there continued to be tax increases he would have to cut back in other areas, which would reduce tax revenue. He stated that the taxpayers do not have the money to continue to pay. Councilman Rocco stated the Town tax increases over the past years has been minimal. The Town has never had such a big problem. The County has a two-year agreement with the City. After that, the County might ask for more sales tax money from the Town. Councilman Rocco stated the only thing the Board could do was use good judgment for the Town, maintain the Town's 64 miles of roads, and provide the services necessary to make things pleasant for its residents. Town resident, Nancy Hansen spoke in regards to Medicaid and the aging population. She stated it costs Medicaid about $7,000 a month for nursing home personal care. She stated that Cortland County and other counties need to ban together and make a case that they can no longer pay for Medicaid. Legislator Breed stated there was a bill in the works to reduce the amount of money the County pays. The County currently pays 25% of Medicaid. The proposed bill would reduce the amount the County pays by 5% each year over the next five years until it was reduced to zero. NOVEMBER 05, 2003 PUBLIC HEARING NO. 1 PAGE 4 Town Resident Jeff Hering stated he did not care what the Board said about increases, because it still came down to a 66% increase, which was unconscionable. Mr. Hering said something had to be done. Supervisor Thorpe stated the Town could not cut services. Councilman O'Donnell stated he did not see the Town cutting services either. Fifty percent of the budget is for the Highway Department. He explained that the Town had to continue to maintain its roads. This year everyone paid more at the gas pumps, including Town trucks. Also, when the price of petroleum increases, so does the cost of blacktop because it is derivative of petroleum. Cutting back maintenance on highways would be tough. Matthew Petrella apprised the Board he recently purchased property in the Town of Cortlandville. He stated he was very concerned about the tax increase when he read about it in the newspaper, and appreciated the Board's passion. However, he stated the answer to the problem was not cutting or eliminating jobs, which is called trickle -economics and would eventually come back to hurt us. He questioned what the Board was doing to bring new businesses to the area to help increase tax revenues. He stated he was concerned for people living on fixed incomes. He also questioned whether there was a planning board or economic development board working to bring businesses to the area. Councilman Testa stated, within the last year several restaurants have opened in the Town. However, the Town does not keep all sales tax revenue. Supevisor Thorpe explained there are both Town and County Planning Boards as well as an Economic Development Board on the County level. He stated that the Town cooperates with those agencies trying to bring additional facilities to the area. Planning Board member, Nick Renzi explained to those in attendance about Build Now NY. The Cortland County IDA is attempting to purchase the 264-acres of land surrounding Monarch Machine Tool. The sites would be shovel -ready and would be provided with water and sewer. The IDA would be investing money in purchasing the land, but would not be constructing the buildings. The Town would install the water and sewer infrastructure. Councilman Rocco apprised those in attendance of the importance of forethought and looking towards the future. Without the Board's foresight in the past to extend water and sewer down Route 13 where K-Mart and Wal-Mart are located, there would be no buildings there today. He stated, "growth in Cortland County is happening, and it's happening in the Town of Cortlandville." Councilman Rocco hoped the area would attract smaller businesses as well as high technology companies. James Trasher of Clough, Harbour & Associates apprised those in attendance that the Build Now NY program was the state investing money to try to bring business back to New York. Local tax money would not be used for the program. Councilman O'Donnell mentioned that there were many upcoming events and openings of businesses that would attract people and generate tax dollars in the area. John Carroll, resident of the Town of Virgil, directed the Board and those in attendance to visit the office of Linda Hartsock, Director of the IDA/BDC. Mr. Reeners apprised the Board that those in attendance that Cortland County and the Town of Cortlandville is looking for the same thing that every other town and city in the state and country is looking for, which is business. Planning Board member Renzi stated that Cortland has a lot to offer, and sometimes sells itself short. He commented on the areas aquifer and businesses such as Pall Trinity Micro Corp. who are in the area specifically for the water, as the company needs 'water to process the membranes they make. Without water, Pall Trinity would shut down immediately. Supervisor Thorpe asked for final comments on the budget. No further comments or discussions were heard. Councilman Testa made a motion, seconded by Councilman O'Donnell, to close the Public Hearing. All voting aye, the motion was carried. The Public Hearing was closed at 7:55 p.m. NOVEMBER 05, 2003 7:55 P.M. z87 1 C TOWN BOARD MEETING The Regular Meeting of the Town Board of the Town of Cortlandville was held at the Town Hall, 3577 Terrace Road, Cortland, New York, with Supervisor Thorpe presiding. Members present: Supervisor, Raymond Thorpe Councilman, Theodore Testa Councilman, Edwin O'Donnell Councilman, Ronal Rocco Councilman, John Pilato Town Clerk, Karen Q. Snyder Others present were: Town Attorney, John Folmer; Highway Sup't., Carl Bush; James Trasher of Clough, Harbour & Associates; Planning Board Member, Nick Renzi; Deputy Town Clerk, Kristin Rocco; Town Bookkeeper, Marcia Hicks; County Legislator, Kay Breed; Renee Lucas of the Cortland Standard: John Carroll; Nancy Hansen; Jim Reeners; Jeff Hering; Matthew Petrella; Sandra and Randy Walls; Ed Sloan; Regan and Tim Darbishire; Scott Elston; and Gene Barker. Supervisor Thorpe called the meeting to order. RESOLUTION #197 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 #484 - 518 $ 16,211.68 General Fund B B83 - B88 $ 12,058.15 Highway Fund DB D384 - D410 $189,877.88 Water Fund . W202 - W212 $ 2,600.28 Sewer Fund S89 - S91 $ 1,551.23 Capital Projects 11110 - 11118 $ 2,903.23 Before offering privilege of the floor to those in attendance, Supervisor Thorpe stated it was not the appropriate time to discuss Super Wal-Mart as the Board does not know what the specific proposition is. Also, the proposition has not been before the Town or County Planning Boards. Supervisor Thorpe stated there would be plenty of time for public comments at public hearings, which would be held in the future. John Carroll of Virgil questioned the status of the corridor report for rezoning. Attorney Folmer apprised Mr. Carroll he would explain the examination of rezoning along the corridor later in the meeting. The monthly report of the Supervisor for the' month of October 2003, and the SPCA for the month of September 2003, are on the table for review and filed in the Town Clerk's office. NOVEMBER 05, 2003 TOWN BOARD MEETING PAGE 2 RESOLUTION #198 SCHEDULE PUBLIC HEARING REGARDING A COMMUNITY DEVELOPMENT BLOCK GRANT FOR THE BLODGETT MILLS AREA Motion by Councilman Rocco Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, a Public Hearing shall be scheduled for November 19, 2003 at 5:00 p.m. regarding a Community Development Block Grant and the Town's anticipated submission of a Single Purpose application with a maximum funding request of $400,000 to the State of New York for the Blodgett Mills area. There was a brief discussion regarding the Highland Road Sewer Improvement project. Supervisor Thorpe commented that had the Board thought of it forty to fifty years ago, we would have demanded residential developers to install water and sewer in the developments. At that time the Board did not recognize what the problems were with the; aquifer. It took the episode with Smith Corona to bring the issues to the forefront. The Town is now forced to extend sewers to replace failing septic tanks in the developments that are forty to fifty years old. Councilman O'Donnell stated that the people who reside in the water and sewer districts are the people who pay for it. If water or sewer lines do not go enter -the property or is not available, there is no charge to the property owner. Councilman Rocco apprised those in attendance that the Town had an opportunity to get $0.90 on the dollar paid for sewer projects about twenty years ago. The citizens of Cortlandville voted the project down. Now, everyone will pay the entire dollar. RESOLUTION #199 SCHEDULE PUBLIC HEARING FOR THE INCREASE AND IMPROVEMENT OF FACILITIES OF THE TOWNWIDE SEWER DISTRICT Motion by Councilman Rocco Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, a Public Hearing shall be scheduled for November 1.9, 2003 at 5:00 p.m. (prevailing time) regarding the increase and improvement of facilities of the Townwide Sewer District, consisting of the construction of extensions to the presently existing sewer district in the area of Highland Road, College View Drive, Gwen Lane; Fieldcrest Drive, Northway Drive, Westmore Lane, and Sylvan Way, along Kinney Gulf Road, NYS Route 222, together with a collector line, to be constructed from an existing manhole on Luker Road, across Airport Property to Fer Cor Drive all at a maximum estimated cost of $2,375,000, and it is further RESOLVED, public notice was given to all property owners in the Town of Cortlandville, exclusive of the Village of McGraw and a portion of the Village of Homer, by first class mail postmarked October 31, 2003, and by a legal notice published once in the local newspaper, not less than ten (10) and not more than twenty (20) days before the designated date set herein. Councilman O'Donnell made a motion, seconded by Councilman Testa, to receive and file the packet of signed petitions with 248 signatures, from the Pro -Wal-Mart group. All voting aye, the motion was carried. Attorney Folmer reported: Re-examination of NYS Route 281/13 Corridor: Attorney Folmer apprised the Board there would be a meeting November 6"', 2003 at 1:30 between two members of the Planning Board, two members of the Town Board, the Town's engineering firm and himself. With only two members from each board present there would not be a quorum and therefore no business could be conducted. 0 NOVEMBER 05, 2003 TOWN BOARD MEETING PAGE 3 The meeting was scheduled to review the current zoning map to develop a plan to accomplish zoning along the Route 281/13 corridor. Attorney Folmer hoped he would be able to report back to the Board with recommendations in the next two or three weeks. He advised those in attendance that consideration would be given to zoning as well as other issues involved, so that only one zoning law amendment would be made to the Town's ordinance. Country Inn & Suites Contract: Attorney Folmer advised the Board he received and reviewed the contract for the grant for Country Inn & Suites. He stated the grant was in standard form and could be signed by Supervisor Thorpe. Cortland Sports Complex Grant: Attorney Folmer spoke to the Board in regards to the grant for Cortland Sports Complex, which was erroneously assigned to the City of Cortland. He apprised the Board that Mayor Leonard was prepared to execute an assignment of the grant to the Town of Cortlandville, which in turn would be assigned to the Cortland County IDA. Westlaw Online Legal Research: Attorney Folmer requested authorization from the Board to enter into a contract with Westlaw for a computerized research system that would cost approximately $1,200 to be charged to the Town Attorney contractual account. The system would be available to the Town Attorney as well as to the Town Clerk's office once implemented. RESOLUTION #200 AUTHORIZE TOWN ATTORNEY TO PURCHASE THE WESTLAW ONLINE LEGAL RESEARCH SERVICE Motion by Councilman Rocco Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby authorize the Town Attorney to purchase the Westlaw online legal research service in an amount not to exceed $1,200.00 or $94.00 a month, to be taken from the Town Attorney's contractual fund, effective December 01, 2003. Margery Alexander Trust: Attorney Folmer apprised the Board several years ago the Town started to acquire property from the Margery B. Alexander Trust on Hoxie Gorge Road. He recently received papers from Mr. Alexander to complete the acquisition. Attorney Folmer requested authorization from the Board to receive, file and record the deed. RESOLUTION #201 ACCEPT CONVEYANCE OF DEED FROM THE MARGERY B. ALEXANDER TRUST FOR PROPERTY LOCATED ON HOXIE GORGE ROAD Motion by Councilman O'Donnell Seconded by Councilman Rocco VOTES: ALL AYE ADOPTED BE IT RESOLVED, the Town Board does hereby accept the conveyance of a deed from the Margery B. Alexander Trust for property located on Hoxie Gorge Road, a portion of tax map #108.00-02-04.100, and it is further RESOLVED, the Board hereby authorizes and directs the Town Attorney to record the deed. 290 NOVEMBER 05, 2003 TOWN BOARD MEETING PAGE 4 Town Justice Computers: Attorney Folmer apprised the Board he received a phone call from Justice Casullo who indicated to him that he solicited bids from three different vendors for the acquisition of five new computers. The current computers do not have enough memory to download the new system that the State of New York is implementing on November 28, 2003. Therefore, Justice Casullo is in need of the new computers prior to such date. Attorney Folmer advised Justice Casullo to go ahead and purchase the new computers and inform Supervisor Thorpe of the final cost. Attorney Folmer apprised the Board would not be able to attend the December 3, 2003 Town Board Meeting as he had to be in Rochester, New York for the continuing legal education program. Councilman Pilato made a motion, seconded by Councilman O'Donnell, to receive and file the Cortland County Planning Board Resolution #03-41 regarding the Aquifer Protection Permit application of Jim and Jill Reeners. All voting aye the motion was carried. RESOLUTION #202 SCHEDULE PUBLIC HEARING FOR THE AQUIFER PROTECTION PERMIT APPLICATION SUBMITTED BY JIM AND JILL REENERS Motion by Councilman Pilato Seconded by Councilman Testa VOTES: ALL AYE ADOPTED BE IT RESOLVED, a Public Hearing shall be scheduled for November 19, 2003 at 5:00 p.m. (prevailing time) for the Aquifer Protection Permit application submitted by Jim and Jill Reeners permitting the construction of a dance studio and performance center with an additional area as leaseable space, for property located on Luker Road, owned by Bestway Enterprises Inc., tax map #85.20-01-32.100. Councilman O'Donnell made a motion, seconded by Councilman Rocco, to receive and file the Cortland County Planning Board Resolution #03-42 regarding the Town's Wellhead Protection Ordinance. All voting aye the motion was carried. Councilman O'Donnell made a motion, seconded by Councilman Rocco, to receive and file correspondence from John Brown regarding Suit-Kote Corporation. All voting aye, the motion was carried. Councilman Rocco made a motion, seconded by Councilman O'Donnell, to receive and file correspondence from Susan Card regarding the proposed Super Wal-Mart. All voting aye, the motion was carried. Councilman Rocco made a motion, seconded by Councilman O'Donnell, to receive and file correspondence from Dorothy Palladino regarding the proposed Super Wal-Mart. All voting aye, the motion was carried. 1 NOVEMBER 05, 2003 TOWN BOARD MEETING PAGE 5 zq1 1 1 1 RESOLUTION #203 RECEIVE LISTING OF WATER AND SEWER AGED ACCOUNTS FOR THE YEAR OF 2003 Motion by Councilman Testa Seconded by Councilman O'Donnell VOTES: ALL AYE ADOPTED BE IT RESOLVED, the listing of water and sewer unpaid aging accounts for the year of 2003 shall hereby be received and filed, as required. Councilman O'Donnell made a motion, seconded by Councilman Rocco, to adjourn the Regular Meeting. All voting aye, the motion was carried. The meeting was adjourned at 8:12 p.m. Respectfully submitted, 4 , �- , —(--, �� Karen Q. Snyder Town Clerk Town of Cortlandville