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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 (1 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. (0 z 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. 63 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. %q 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. 1 7 L