HomeMy WebLinkAbout05-02-201259
MAY 02, 2012 7:00 P.M.
TOWN BOARD MEETING
The Regular Meeting of the Town Board of the Town of Cortlandville was held at the
McGraw Community Building in the Village of McGraw, New York, with Supervisor Tupper
presiding.
Members present: Supervisor, Richard C. Tupper
Councilman, Theodore V. Testa
Councilman Ronal L. Rocco
Councilman, John C. Proud
Councilman, Gregory K. Leach
Town Clerk, Karen Q. Snyder, RMC
Others present were: Town Attorney, John Folmer; County Legislator, Danny Ross;
Village of McGraw Mayor, Robert Martin; Barb Leach; Pat and Sarah Leach; and John
Soshinsky.
Supervisor Tupper called the meeting to order.
Councilman Proud made a motion, seconded by Councilman Leach, to receive and file
the Cortlandville Zoning Board of Appeals Minutes of March 27, 2012. All voting aye, the
motion was carried.
Councilman Proud made a motion, seconded by Councilman Leach, to receive and file
the Cortlandville Planning Board Minutes of March 27, 2012. All voting aye, the motion was
carried.
Councilman Proud made a motion, seconded by Councilman Leach, to receive and file
the Cortlandville Zoning Board of Appeals Minutes of April 24, 2012. All voting aye, the
motion was carried.
Councilman Proud made a motion, seconded by Councilman Leach, to receive and file
the Cortlandville Planning Board Minutes of April 24, 2012. All voting aye, the motion was
carried.
The Draft Town Board Minutes of April 18, 2012 was presented to the Board for their
review.
RESOLUTION #76 AUTHORIZE SUPERVISOR TO SIGN
PURCHASE ORDER #0129
Motion by Councilman Leach
Seconded by Councilman Testa
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to sign
Purchase Order #0129 submitted by Supervisor Tupper to be paid to Taser International for the
purchase of Tasers and accessories for the Cortland County Sheriff's Department in the amount of
$30,925.47.
RESOLUTION #77 AUTHORIZE PAYMENT OF VOUCHERS — MAY
Motion by Councilman Proud
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 #245 - 260
$
95,645.70
General Fund B
B44 - B54
$
37,502.24
Highway Fund DB
DI 18 - D131
$
20,549.08
Trust & Agency
T10 - T12
$
30,611.06
Water Fund
W112 - W126
$
8,592.42
Sewer Fund
S59 - S63
$
1,593.29
M.
MAY 02, 2012
TOWN BOARD MEETING
PAGE 2
Supervisor Tupper offered privilege of the floor to Danny Ross.
County Legislator, Danny Ross discussed topics involving Cortland County. He apprised
the Board the County formed a new committee to work on the landfill in hopes to make it more
profitable. The County would also be working on replacing/repairing a lot of bridges and
culverts this year, including one on McGraw -Marathon Road. Legislator Ross mentioned the
County sales tax issue, which he thought would soon be settled. Finally, he mentioned the
ongoing telecommunications system project and apprised the Board that the tower and sites were
purchased. Supervisor Tupper noted that the Town was housing a lot of equipment for the
telecommunications system.
Councilman Rocco questioned Legislator Ross about the County's budget, and
approximately $2 million that was set aside for bridges before bonding. He questioned what
happened to the money, and whether the money was rolled into the highway department budget.
Legislator Ross stated he would have to look into Councilman Rocco's question and get back to
him.
Concerning the wind turbines, Councilman Rocco questioned Mayor Martin about an
upcoming meeting being held in the Village. Mayor Martin explained that Lee Miller would be
holding an informational meeting regarding wind turbines at the McGraw Community Center.
The meeting was open to the public and would be held at a later date.
Supervisor Tupper offered privilege of the floor to Robert Martin.
Village of McGraw Mayor, Robert Martin invited the Board to take a look at the new
swimming area in the Village. He thanked the Town of Cortlandville and the Town of Solon for
supplying manpower and equipment to help the Village of McGraw get the swimming area back
in proper condition. The help from the towns minimized the cost to the Village.
Mayor Martin reported that the Village did not qualify for the reduced lunch program for
its summer school program including the summer recreation program, which he thought would
be detrimental. On another note, the Village was working to revitalize its recreation program
and purchased a new basketball court system, which they were in the process of installing. The
entire project would cost approximately $50,000, a portion of which had been paid for. Mayor
Martin also explained that a part of the Community Building was being renovated for the
recreation program. Mayor Martin asked for help with the summer programs and providing
meals.
Monthly reports of the Town Clerk, Tax Collector, Code Enforcement Officer, and
Supervisor for the month of April 2012; for the Town Justice for the month of March 2012; and a
monthly update from the Water & Sewer Sup't. dated May 2, 2012; were on the table for review
and are on file in the Town Clerk's office.
Supervisor Tupper apprised the Board he received a communication from Richard Bush,
Cortland County Ag. Corp., requesting that Carroll Street and a portion of Fairground Drive be
closed during the Cortland County Fair, to be held July 9-15, 2012. Supervisor Tupper reminded
the Board they authorized closure of the streets in the past for the fair.
Attorney Folmer suggested the Board authorize the closure subject to approval from
Highway Sup't. Carl Bush.
RESOLUTION #78 AUTHORIZE "TEMPORARY CLOSURE" OF A SECTION OF
FAIRGROUND DRIVE AND CARROLL STREET FOR THE
CORTLAND COUNTY FAIR SUBJECT TO APPROVAL
FROM THE TOWN HIGHWAY SUP'T.
Motion by Councilman Proud
Seconded by Councilman Leach
VOTES: ALL AYE ADOPTED
WHEREAS, the Town received a request from the Cortland County Fair Board to authorize a
"Temporary Closure" of a section of Fairground Drive and Carroll Street during the 2012 Cortland
County Fair, and
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MAY 02, 2012 TOWN BOARD MEETING PAGE 3
WHEREAS, the temporary closure will not prohibit emergency vehicles access to Fairground Drive
or Carroll Street, therefore
BE IT RESOLVED, the Town Board does hereby authorize a "Temporary Closure" on a portion of
Fairground Drive and Carroll Street, being the "corner" where the two roadways connect, from July
9, 2012 through July 15, 2012 for the 2012 Cortland County Fair, subject to approval from the
Town Highway Sup't, and it is further
RESOLVED, signage for the temporary closure shall be provided by the Cortland County Fair
Board.
Attorney Folmer reported:
Tax Certiorari Proceedings:
Attorney Folmer discussed pending tax certiorari proceedings. Attorney Folmer
explained that one of the problems that arises when a tax certiorari proceeding is settled, and is in
the petitioners favor, is that all parties involved, being the Town, County and school district,
must pay. He explained that in one particular case, if the Town had merely agreed to the request
made in 2006, it would have cost the Town $688.20, which is much less than what it costs to
defend a tax certiorari case. In the same case, the County would have lost $2,600 and the school
district would have lost $3,400. The effect is cumulative. Attorney Folmer mentioned that the
McGraw School District is rarely affected because the people who contest assessments are
located in the western part of the Town. Attorney Folmer reported that one case has been settled
on a favorable basis. He thanked Assessor David Briggs for all of his work on the proceedings.
Attorney Folmer also reported that three or four tax certiorari actions were dismissed as a result
of the petitioners not following up on things that they were supposed to do under the Real
Property Tax Law. The number of the pending proceedings had significantly decreased.
Bond for Polkville Waterline Extension Project:
Attorney Folmer apprised the Board there was a typographical error with regard to a date
in the bonding paperwork for the Polkville Waterline Extension Project. The error was corrected
and the appropriate bond was signed and delivered to Bond Counsel, and forwarded to the
USDA Rural Development.
Fire Code Violation — Unsafe Building on Route 13:
Attorney Folmer reported that he and CEO Williams were in the process of dealing with
the unsafe building on Route 13, which was formerly the Golden Skillet Restaurant. Notice was
sent to the owners regarding the hearing before the Town Board to be held on May 18, 2012 at
the next Town Board Meeting. Attorney Folmer explained that the Board would be asked to take
testimony from the CEO, the Assistant CEO, and perhaps the Fire Chief who was there when the
building was destroyed by a fire 8-10 years ago. As a result of the testimony, the Town Board
would be asked to make a certain finding concerning what would happen to the facility.
Walgreens Stormwater System:
Attorney Folmer reported that after months of discussion regarding the Walgreens
Stormwater system, an agreement was reached with the engineering firm for the repair and
inspection of the system. The repair and inspection of the system would be done by an
independent third party on two separate occasions, 1-2 years from now. Attorney Folmer had an
official agreement to that effect which would be put in the Town's Walgreens file.
Lime Hollow/Route 13 — Relocation Easement:
Attorney Folmer discussed the project underway by David Yaman on the corner of Lime
Hollow Road and Route 13. The Town Board would eventually be asked to accept a dedication
for a relocated easement around the property, which Attorney Folmer and Water & Sewer Sup't.
Alteri were working on. A new waterline was being installed this week and would have to be
inspected and approved by Highway Sup't. Bush and accepted by the Town Board.
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MAY 02, 2012 TOWN BOARD MEETING PAGE 4
College Suites:
Attorney Folmer apprised the Board he received a letter from the United Group
concerning the College Suites located on Route 13, which Supervisor Tupper should have also
received. There was a tremendous amount of disruption at College Suites and a lack of
supervision by the owners, United Group. Attorney Folmer explained that he, Supervisor
Tupper, the District Attorney and a few others met with representatives from TC3 regarding the
matter. Supervisor Tupper received a letter from the President of United Group indicating what
they have done to alleviate some of the concerns at College Suites, such as surveillance cameras.
Section 504 Grievance Policy:
Attorney Folmer presented the Board with copies of the proposed Section 504 Grievance
Policy for the Town of Cortlandville. He apprised the Board he checked with Thoma
Development Consultants to make sure it would not be a conflict to appoint the Town's CEO as
the Grievance Coordinator, as he is also the Town's Fair Housing Officer. Thoma Development
assured him it would not be a conflict. Attorney Folmer explained that the policy is required by
federal law. He requested the Board adopt the policy by resolution.
Supervisor Tupper questioned whether the Board wanted to make any changes to the
policy. Attorney Folmer explained that the only changes he made to the policy from the original
submitted at the April 18, 2012 Town Board Meeting, was the addition of the appropriate names
and addresses.
RESOLUTION #79 ADOPT TOWN OF CORTLANDVILLE — SECTION 504
GRIEVANCE POLICY — PROCEDURE FOR FILING
COMPLAINTS
Motion by Councilman Proud
Seconded by Councilman Leach
VOTES: ALL AYE ADOPTED
WHEREAS, Section 504 of the Rehabilitation Act of 1973 prohibits discrimination on the basis
of disability in programs and activities conducted by the U.S. Department of Housing and Urban
Development (HUD) or by grantees that receive financial assistance from HUD, and
WHEREAS, Part 8 of Title 24 of the Code of Federal Regulations (24 CFR) requires adoption of
grievance procedures to address complaints of those who feel they may have been discriminated
against on the basis of disability and also requires the provision of notice of said grievance
procedures, and
WHEREAS, it is the policy of the Town of Cortlandville not to discriminate against any
individual, person or group on the basis of disability and the intent of the Town of Cortlandville
to address any complaints that may arise pursuant to Section 504,
NOW, THEREFORE, BE IT RESOLVED, that the Town of Cortlandville does hereby adopt by
resolution internal grievance procedures (the "Procedure") providing for the prompt and
equitable resolution of complaints alleging any action prohibited by Section 504 of the
Rehabilitation Act of 1973 of the U.S. Department of Health and Human Services regulations
implementing the Act, and
BE IT FURTHER RESOLVED, that the Town of Cortlandville does hereby designate the Town
Fair Housing Officer as the Grievance Coordinator who shall be responsible for receiving and
addressing complaints pursuant to the Procedure adopted hereby, and
BE IT FINALLY RESOLVED, that the Town of Cortlandville will place its employee, the
public, and potential beneficiaries of certain federal public programs on notice by undertaking
certain actions that will include, but may not be limited to (1) providing a copy of the grievance
procedure to its employees, (2) putting the public on notice by placing a notice in the Town of
Cortlandville's official newspaper subsequent to adoption of this Procedure, (3) placing copies of
the Procedure in the Town Clerk's Office at the Raymond G. Thorpe Municipal Building, 3577
Terrace Road, Cortland, New York for review and dissemination, and (4) adding language to
federal program brochures to insure all potential program beneficiaries are aware of the Town of
Cortlandville's adopted grievance procedures.
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MAY 02, 2012 TOWN BOARD MEETING PAGE 5
There was discussion regarding agenda item I-4, Amend Resolution #47 of 2012. Town
Clerk Snyder informed Supervisor Tupper prior to the meeting that the Board should actually
rescind/amend the agreement dated March 7, 2012 between the Town and the County.
Supervisor Tupper requested the Board rescind and amend the agreement to increase the dollar
amount from $29,620.65 to $30,925.47.
Councilman Leach questioned why the amendment was necessary. Supervisor Tupper
explained -that 60 extra simulation cartridges were added to the invoice from the original invoice
submitted. The extra cartridges would give each officer 3 shots. Supervisor Tupper added that
each officer is required to take a shot from the device before they are allowed to carry the Taser.
RESOLUTION #80 RESCIND PROTECTIVE EQUIPMENT DONATION
AGREEMENT BETWEEN THE TOWN OF CORTLANDVILLE
AND THE CORTLAND COUNTY SHERIFF'S DEPARTMENT
Motion by Councilman Testa
Seconded by Councilman Leach
VOTES: ALL AYE ADOPTED
WHEREAS, per Town Board Resolution #47 of 2012, the Supervisor was authorized to sign the
Protective Equipment Donation Agreement between the Town and the Cortland County Sheriff's
Department for the purchase of 20 Tasers and the training of the protective equipment to be used
by the Sheriff s Department, in the amount of $29,620.65, and
WHEREAS, an additional 60 simulation cartridges were purchased increasing the total cost to
$30,925.47, therefore
BE IT RESOLVED, Resolution #47 of 2012 is hereby rescinded to reflect the total cost, and be it
further
RESOLVED, the Supervisor is hereby authorized and directed to sign the amended agreement in
the amount of $30,925.47.
RESOLUTION 481 AMEND 2012 BUDGET AND AUTHORIZE SUPERVISOR TO
TRANSFER $30,925.47 FROM GENERAL FUND PART TOWN
TO EXPENSE ACCOUNT (LAW ENFORCEMENT)
Motion by Councilman Leach
Seconded by Councilman Proud
VOTES: ALL AYE ADOPTED
BE IT RESOLVED, the Supervisor is hereby authorized and directed to transfer $30,925.47
from General Fund Part Town (B599) to Expense Account Law Enforcement (B3197.4) for the
purchase of Tasers and equipment for the Cortland County Sheriff s Department, and it is further
RESOLVED, the 2012 Budget is hereby amended.
Supervisor Tupper apprised the Board they were invited to attend the Leadership
Cortland event to be held at Hope Lake Lodge. Supervisor Tupper explained that he gave a
lecture to the Leadership Cortland group this year and planned to attend the event.
Councilman Leach apprised the Board that Corey Smith from the McGraw Recreation
Program planned to attend tonight's meeting however he was unable to do so.
Councilman Leach also informed the Board that he attended the opening day event at Ted
Testa Park. He was pleased to report that 160 boys and girls and the coaches for the teams
paraded across the field. The M.C. of the event stated that in the teams' travels the fields at Ted
Testa Park were the best in the district. Councilman Leach reported that opening day was a
success and mentioned that all parking lots/areas were full. He commended Councilman Testa
and Highway Sup't. Bush for having the vision and forethought for the park. Supervisor Tupper
also shared a story about the Ted Testa Park and the success of the park.
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MAY 02, 2012 TOWN BOARD MEETING PAGE 6
Supervisor Tupper questioned whether there were any further comments or discussion to
be heard.
Mayor Martin apprised the board he received official notification that the Village of
McGraw received a $3.2 million USDA Rural Development grant for a water project in the
Village. Mayor Martin hoped that by the end of the summer the Village would be ready to go
out to bid for the project, and anticipated a groundbreaking in spring 2013. Supervisor Tupper
wished Mayor Martin well with the USDA grant process.
No further comments or discussion were heard.
Councilman Proud made a motion, seconded by Councilman Testa, to adjourn the
Regular Meeting. All voting aye, the motion was carried.
The meeting was adjourned at 7:30 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 May 16, 2012.
The draft version of this meeting was approved as written at the Town Board meeting of June 6, 2012.
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