TOWN OF BINGHAMTON TOWN BOARD November 17, 2015

TOWN OF BINGHAMTON TOWN BOARD November 17, 2015 Page 2 Public Hearing Zoning Changes PDDs Public Hearing Fire Department Contract Page 3 Approval of Audited Claims Approval of Minutes Voice of the Public Page 4 Communications and Announcements Thanksgiving Day Officials and Committee Reports Planning Board Zoning Board of Appeals Youth Commission Town Code Violations Highway Receipt of Reports Citizen of the Year Supervisor s Report Broome County Association of Towns and Villages Page 5 Supervisor s Report (Continued) Third Quarter Sales Tax Check Broome County Legislature Election Charge Backs Broome County Sheriff s Annual Report for 2014 Tax Cap Rebate Checks Unfinished Business Bid Opening Results RFPs for Banking Bid Opening Results Highway Department - 1-1/2 Ton Dump Truck RFPs for Professional Services Amendatory Bond Resolution Page 6 Unfinished Business (Continued) Union Contract Cyber Security Insurance Owner Occupied Rehabilitation Program Audit of Booster Club New Business Authorization for General Code Update Page 7 New Business (Continued) Guard Rail on Brady Hill Road Voice of the Public Town Board November 17, 2015 Page 1

MINUTES OF THE REGULAR MEETING OF THE TOWN OF BINGHAMTON TOWN BOARD HELD ON TUESDAY, NOVEMBER 17, 2015, 7:00 P.M., TOWN OF BINGHAMTON TOWN HALL, 279 PARK AVENUE, BINGHAMTON, NEW YORK. The meeting was called to order at 7:00 p.m. by Supervisor Whitesell. PLEDGE OF ALLEGIANCE MOMENT OF SILENCE - There was a moment of silence held for the people of France who recently were victims of terrorist attacks. ROLL CALL: T. Whitesell, Supervisor Present N. Yezzi, Councilperson Present N. Cline, Deputy Supervisor Present E. Rounds, Councilperson Present V. Xlander, Councilperson Present OTHERS PRESENT: J. Zurenda, Town Clerk A. Pope, Town Attorney M. Donahue, Highway Superintendent N. Pappas, Building Administrator K. Schrader, Town Attorney T. Cooper, ZBA Member R. Mastin, Planning Board Member D. West, Planning Board Member J. Zeck, Tax Collector D. Klinko, ZBA Secretary, Country Courier Reporter 8 Guests PUBLIC HEARING 7:01 p.m. Zoning Changes PDDs Town Clerk Zurenda affirmed that the notice of this public hearing had been posted and published. Supervisor Whitesell explained that in September 2009 all but one PDD in the Town had been inadvertently changed to Rural Residential due to the wording of a resolution intending to change only a few properties. Supervisor Whitesell opened the floor to anyone wishing to speak in favor of or in opposition to changing the properties back to PDDs. There being no comments, the floor was declared closed. Councilperson Yezzi made the motion to approve changing the resolution of September 22, 2009 by changing the PDDs that were changed to R1s and reverting them back to PDD parcels and the motion was duly seconded by Councilperson Xlander. All those present voted in favor of the motion. Motion carried. (Public Hearing Notice Appended) PUBLIC HEARING 7:02 p.m. Fire Department Contract Town Clerk Zurenda affirmed that the notice of this public hearing had been posted and published. Supervisor Whitesell explained that the fire department had agreed to an increase less than the preliminary amount they had submitted. Supervisor Whitesell opened the floor to anyone wishing to speak in favor of or in opposition to the proposed fire contract. There being no comments, the floor was Town Board November 17, 2015 Page 2

declared closed. Councilperson Rounds made the motion to approve the fire contract with the Town of Binghamton Volunteer Fire Company in the amount of $188,632.00 and the motion was duly seconded by Councilperson Yezzi. All those present voted in favor of the motion. Motion carried. APPROVAL OF AUDITED CLAIMS: (Public Hearing Notice Appended) Councilperson Rounds made the motion to approve the following claims as audited: Sewer Claim No. 1045 $ 2,302.72 Water Claim No. 1046-1048 $ 2,621.40 Highway Fund Claim No. 1049-1062 $ 23,602.01 General Fund Claim No. 1063-1075 $ 45,954.72 The motion was duly seconded by Councilperson Cline. All those present voted in favor of the motion. Motion carried. APPROVAL OF MINUTES: Councilperson Cline made the motion to approve the minutes of the regular Town Board meeting held on October 20, 2015 as submitted and the motion was duly seconded by Councilperson Yezzi. All those present voted in favor of the motion. Motion carried. Councilperson Rounds made the motion to approve the minutes of the Town Board work session held on November 5, 2015 as submitted and the motion was duly seconded by Councilperson Xlander. All those present voted in favor of the motion. Motion carried. VOICE OF THE PUBLIC: Supervisor Whitesell opened the floor to the public at 7:08 p.m. Caroline Georgariou, 159 Helen Street, Binghamton Ms. Georgariou addressed the Board on her interest in the riding stable on Mill Street. She would like to improve, modernize and beautify the grounds in order to offer members-only dog daycare, a dog park, dog training and grooming. It was agreed that she will come to the December 1 work session to do a presentation on her plans. If the Town Board chooses, the proposal would then be sent to the Planning Board for review. Planning Board members will be invited to attend the work session for their input. Ray Mastin 3800 Roberts Road Ray Mastin, Planning Board member and liaison to the Town Board, explained the original motion that inadvertently returned 80 parcels to Rural Residential status from PDD. He asked for clarification on tonight s motion to revert the properties back to Town Board November 17, 2015 Page 3

PDD and was assured that it did state that all PDDs changed to R1 are reverted back to PDD as a result of the motion. Nick Schneider 4036 Noyes Road Mr. Schneider asked about the status of the speed limit reduction request for Noyes Road. Supervisor Whitesell explained that nothing had been heard from New York State DOT and to expect a lengthy process. There being no other presentations to be brought before the board, the floor was declared closed at 7:35 p.m. COMMUNICATIONS AND ANNOUNCEMENTS: Thanksgiving The Town of Binghamton municipal buildings will be closed Thursday and Friday, November 26 and 27, in observance of Thanksgiving. OFFICIALS AND COMMITTEE REPORTS: Planning Board A Planning Board meeting was held October 27 where updates to the Comprehensive Plan were reviewed. Attorney Schrader presented his legal corner on cases with similar issues to the PDD designations currently being dealt with by the Town of Binghamton. The next meeting of the Planning Board will be January 26, 2016 at 7:00 p.m. Zoning Board of Appeals There was nothing to report. Youth Commission Basketball and wrestling seasons are in progress. Code Enforcement Violations Code Enforcement is following through on the orders of remedy previously issued. Highway Highway is doing leaf pickup and tree trimming. Upcoming projects include repair of the Felters Road water tank and a sewer project on Dogwood. Receipt of Reports The Town Board is in receipt of the following reports: Office of Code Enforcement s Report for October 2015 Community Center Rental Report for October 2015 Town Clerk s Monthly Report for October 2015 Citizen of the Year Councilpersons Xlander and Yezzi will begin the search process for Citizen of the Year. SUPERVISOR S REPORT: Broome County Association of Towns and Villages There was nothing to report. Town Board November 17, 2015 Page 4

Third Quarter Sales Tax Check The third quarter sales tax check in the amount of $268,779.33 was received from Broome County. The amount is in line with what has been allocated in the budget. Broome County Legislature Election Charge Backs The Broome County Legislature has approved a reduction in the amount of the election charge backs. $14,052.00 was the original amount planned for the three primaries and one general election, but it has been reduced to $10,721.00. Supervisor Whitesell thanked Chairman Jerry Marinich and the Broome County Executive s Office for respecting local governments budget limitations and reducing those costs. Broome County Sheriff s Annual Report for 2014 The Town is in receipt of the Broome County Sheriff s Annual Report for 2014. The report is on file in the Town Clerk s Office. Tax Cap Rebate Checks Information has been received from the Governor s office on this year s tax cap rebate checks. Unfortunately, no deadline has been provided for the issuance of those checks. It was suggested that an article be written for Town Talk explaining the tax cap and rebate checks. UNFINISHED BUSINESS: Bid Opening Results RFPs for Banking Bid openings for banking were today, and two bids were received. Supervisor Whitesell stated that a conference with each of the banks will be held in order to discuss the specific needs of the Town. He will report back to the Board after the meetings. Bid Opening Results Highway Department 1-1/2 Ton Dump Truck One bid was received for the 1-1/2 ton dump truck for the Highway Department. Councilperson Cline made the motion authorizing the bid for a 1-1/2 ton dump truck to Maguire Dodge in Ithaca, New York in the amount of $70,765.00 and the motion was duly seconded by Councilperson Rounds. All those present voted in favor of the motion. Motion carried. (Resolution and Bids Appended) RFPs for Professional Services Proposals for engineering services were provided for Town Board members to review. Municipal Solutions is advising the Town to review bids for auditors only from firms with CPA designations. Supervisor Whitesell will review the bids and make a recommendation. Amendatory Bond Resolution The 2014 BAN resolution for the salt shed and wash bay was passed with the goal of short term bonding. However, when the salt shed and wash bay are combined with Town Hall improvements, it creates a conflict with one item being less than 5 years and one for approximately 20 years. The purpose of the amendatory bond resolution is to lengthen the BAN in order to combine it with Town Hall renovations for permanent bonding. Town Board November 17, 2015 Page 5

Attorney Pope explained that the resolution would be subject to a permissive referendum. The Town will wait 30 days and post and publish an estoppel. The financial advisors will extend the BAN and have permanent financing begin in the middle of 2016. Councilperson Xlander made the motion to approve the Amendatory Bond Resolution and the motion was duly seconded by Councilperson Yezzi. A roll call vote resulted in the following: Ayes: Xlander, Rounds, Yezzi, Cline, Whitesell Absent: None Nays: None Whereupon, the motion was declared adopted. (Resolution Appended) Union Contract A meeting with the union took place today. They will be making a presentation to their members. The contract will be put in writing for a formal vote before the end of the year. Cyber Security Insurance Councilperson Xlander asked about cyber security insurance discussed in a previous meeting. Supervisor Whitesell stated that NYMIR recently put on a program concerning cyber security and are trying to encourage municipalities to become informed. Partners will be doing an assessment of the Town s cyber security. Owner Occupied Rehabilitation Program Councilperson Xlander asked about the owner occupied rehabilitation program discussed in a previous meeting. It had been suggested that the program could be used to aid individuals with financial hardships with their mandated water hookups. Rich Cunningham, who had done a presentation on the program, will be contacted to see if it is still available. While on this topic, Board members agreed that the issue of mandatory water hookups should be discussed at the next work session. Audit of Booster Club Supervisor Whitesell has spoken to members of the Booster Club and has been assured that they will be able to meet with the Audit Committee in the next few weeks. NEW BUSINESS: Authorization for General Code Update Revisions to the General Code will cost between $12,000.00 and $15,000.00. Some money is available for the revisions in the current budget, and the remainder would be taken from the contingency fund. Councilperson Cline made the motion to send the revisions for the General Code update in an amount not to exceed $15,000.00 and the motion was duly seconded by Councilperson Yezzi. All those present voted in favor of the motion. Motion carried. (Resolution Appended Hereto) Town Board November 17, 2015 Page 6

Guard Rail on Brady Hill Road Councilperson Cline has received concerns from residents about the guard rail on Brady Hill Road. The guard rail has been repaired, but the road is dangerous and the guardrail is in poor shape. A phone call will be made to the County on behalf of Town of Binghamton residents to see if the rail can be replaced. VOICE OF THE PUBLIC: Supervisor Whitesell opened the floor to the public at 8:13 p.m. Nick Schneider 4036 Noyes Road Mr. Schneider referenced with humor Supervisor Whitesell s suggestion that New York State needs to learn to establish deadlines for rebate checks and suggested the DOT should also learn the importance of establishing deadlines for changes in speed limits. There being no other presentations to be brought before the board, the floor was declared closed. ADJOURNMENT: Councilperson Cline made the motion to adjourn the meeting and the motion was duly seconded by Councilperson Rounds. All those present voted in favor of the motion. Motion carried. The meeting was adjourned at 8:16 p.m. The next meeting of the Town of Binghamton Town Board will be a work session to be held on Tuesday, December 1, 2015, 5:30 p.m. at the Town of Binghamton Town Hall, 279 Park Avenue, Binghamton, NY. Respectfully submitted, Judy A. Zurenda, CMC/RMC Town Clerk Transcribed by, Dawn W. Blair Deputy Town Clerk TOWN OF BINGHAMTON Town Board November 17, 2015 Page 7