HomeMy WebLinkAbout2020-04-15 Town Board MinutesAPRIL 15, 2020 5:00 P.M.
TOWN BOARD MEETING
As a result of COVID-19, and the Executive Order of the Governor of the State of New
York, as well as the declared State of Emergency in the Town of Cortlandville, the Regular
Meeting of the Town Board of the Town of Cortlandville was held via video and telephone
conferencing, with Supervisor Williams presiding.
Members present: Supervisor, Thomas A. Williams
Councilman, Jay E. Cobb
Councilman, Jeffrey D. Guido
Councilman, Theodore V. Testa
Councilman, Douglas E. Withey
Town Clerk, Kristin E. Rocco-Petrella
Others present were: Town Attorney, John A. DelVecchio.
Supervisor Williams called the meeting to order.
Councilman Cobb made a motion, seconded by Councilman Withey, to approve the Draft
Town Board Minutes of March 4, 2020 and of March 18, 2020. All voting aye, the motion was
carried.
Councilman Cobb made a motion, seconded by Councilman Guido, to receive and file
the Cortlandville Zoning Board of Appeals Minutes of March 3, 2020. All voting aye, the
motion was carried.
RESOLUTION #92 ACKNOWLEDGE AND AUTHORIZE PAYMENT OF
VOUCHERS – APRIL 1, 2020 (ABSTRACT #07)
Motion by Councilman Cobb
Seconded by Councilman Withey
VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0
ADOPTED
WHEREAS, per Town Board Resolution #87 of 2020, Supervisor Williams was authorized by
the Board to be the sole signatory on vouchers in order to pay bills as needed during the declared
State of Emergency, therefore
BE IT RESOLVED, the Town Board does hereby acknowledge and authorize payment of the
following vouchers, as audited by Supervisor Williams and paid on April 1, 2020 (Abstract #07),
and further acknowledges receipt of an electronic copy of the Abstract by email:
Funds A, B, DA, DB, Voucher #411-454
HG, SF, SS, SW General Fund A $ 28,557.23
General Fund B $ 3,521.55
Highway Fund DA $ 0.00
Highway Fund DB $ 6,566.71
Gutchess Lumber SC Project HG $ 0.00
C’Ville Fire District SF $ 0.00
Sewer Fund SS $ 2,030.77
Water Fund SW $ 9,235.28
Funds CD1, CD3, CD4 Voucher #(None)
BMills Rehab CD1 $ 0.00
Town Wide Rehab CD3 $ 0.00
Business Devl CD4 $ 0.00
Funds TA, TE Voucher #12-12
Trust & Agency TA $ 6,157.22
Expendable Trust TE $ 0.00
APRIL 15, 2020 TOWN BOARD MEETING PAGE 2
RESOLUTION #93 ACCEPT ANNUAL REPORT OF TOWN RMO AND
SCHEDULE OF DISPOSED RECORDS IN 2019 IN
ACCORDANCE WITH THE RETENTION AND DISPOSITION
SCHEDULE
Motion by Councilman Cobb
Seconded by Councilman Withey
VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0
ADOPTED
BE IT RESOLVED, the Town Board does hereby accept the Annual Report of the Records
Management Officer of the Town as submitted by the Town Clerk/Records Management Officer,
including a list of the disposed records in 2019, in accordance with the Records Retention
Disposition Schedule, MU-1.
Councilman Withey made a motion, seconded by Councilman Cobb, to receive and file
the following monthly reports:
1) Code Enforcement Officer, Kevin McMahon – March 2020;
2) Water & Sewer Department – March 2020;
3) Tax Collector – March 2020;
4) Town Clerk – March 2020;
5) Cortland Community SPCA – March 2020;
6) Fire & Safety Inspector/Code Enforcement Officer, Desiree Campbell –
March 2020.
All voting aye, the motion was carried.
Under new business, Town Clerk Rocco-Petrella suggested that the Board may want to
discuss its recreation contract with the City of Cortland. She apprised the Board that due to the
COVID-19 pandemic, the Cortland City Youth Bureau cancelled its upcoming summer events
and activities. Supervisor Williams indicated that he would bring the matter up for discussion
later in the meeting.
Attorney DelVecchio reported:
Town Planning Board and Zoning Board of Appeals Meetings:
Attorney DelVecchio apprised the Board he spoke with PZO Weber, Planning Board
Chairman Newell, and ZBA Chairman Finn with regard to the upcoming Planning and Zoning
Board of Appeals Meetings/Public Hearings. As a result of COVID-19 and Governor Cuomo’s
Executive Order pertaining to the open meetings law and conducting meetings, it was decided by
the aforementioned that the meetings would not occur until June. Chairman Newell was open to
conducting business via videoconference, but it was not known whether all members could
participate in such manner. Discussion occurred amongst the Board noting concerns for a delay
in applications being acted on as well as concerns for public p articipation. Attorney DelVecchio
would discuss the matter further with PZO Weber.
Tax Certiorari Settlement – Wal-Mart Stores East, LP #1781:
Attorney DelVecchio reported that a settlement agreement was reached by the Attorney
representing the County and the Attorney for Walmart Real Estate Business Trust in regard to
the tax certiorari claim (assessment on real property). Attorney DelVecchio spoke with Town
Assessor Briggs regarding the settlement agreement which would decrease the assessed value
from $13,300,000 to $12,000,000. Assessor Briggs indicated that the settlement was reasonable
and that it was in the best interest of the Town to resolve the matter before May 1 st and the
taxable status date. Attorney DelVecchio suggested the Board authorize him to execute the order
to go before the judge. Discussion occurred amongst the Board with regard to the settlement and
the potential impact the decrease in assessment would have on the school district. Councilman
Withey questioned why the school district was not involved in the settlement. Councilman Testa
suggested the Board agree with Assessor Briggs and authorize the settlement. Councilman Guido
mentioned that he works for the school district and asked whether he had a conflict of interest for
any reason, to which Attorney DelVecchio stated he did not. After further discussion concerning
the settlement the Board agreed to authorize Attorney DelVecchio to execute the proposed
settlement agreement subject to determination that there would be no unfavorable impact on the
school district.
APRIL 15, 2020 TOWN BOARD MEETING PAGE 3
RESOLUTION #94 AUTHORIZE TOWN ATTORNEY TO EXECUTE PROPOSED
TAX CERTIORARI SETTLEMENT WITH WAL-MART
STORES EAST, LP #1781 SUBJECT TO DETERMINATION
THAT THERE WILL BE NO UNFAVORABLE IMPACT ON
THE SCHOOL DISTRICT
Motion by Councilman Testa
Seconded by Councilman Cobb
VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0
ADOPTED
BE IT RESOLVED, the Town Board does hereby and direct the Town Attorney to execute the
proposed tax certiorari settlement between the Town of Cortlandville and Wal-Mart Stores East,
LP #1781, subject to the determination that there will be no unfavorable impact on the school
district.
Board of Ethics Committee and Rules:
Attorney DelVecchio apprised the Board that was working on the Board of Ethics
Committee and rules and should have a formalized document for Board consideration at a future
date.
Lease of Town Property to Lime Hollow Nature Center:
Attorney DelVecchio commented that the Lime Hollow Nature Center (LHNC) was
interested in leasing the Towns’ newly acquired property located off of Lime Hollow Road
surrounding the site of the Town’s wells. Discussion ensued amongst the Board and Attorney
DelVecchio. Supervisor Williams explained the benefits to the Town by LHNC becoming the
“watchdog” for the property, and to interconnect and extend trails from the LHNC property to
Town property. Supervisor Williams explained that the Town already had a lease with LHNC for
town property. His only reservation was that he wanted to be sure that there was nothing in the
Town’s grant agreement (for funding to purchase the property for protection of the Town’s
wells) that would preclude the Town from entering into such an agreement with LHNC.
Councilman Withey was concerned that there should be a hold harmless agreement and a lease
agreement. Attorney DelVecchio would research the matter and would report back to the Board.
Town Board reports:
Councilman Withey asked for an update regarding the status of pending litigation
regarding Economy Paving. Attorney DelVecchio explained that the matter was on hold at this
time; courts are not in session.
Supervisor Williams reported:
Gutchess Lumber Sports Complex – Playground:
Supervisor Williams recalled discussion the Board had at a prior meeting (March 30,
2020) in regard to the plans for the Gutchess Lumber Sports Complex (GLSC) and the accessible
playground. The Town had approximately $85,000 in committed funds through the Community
Development Block Grant (CDBG) program, as well as a $10,000 private donation, which was
about half of the total cost of the project. Supervisor Williams asked the Board for their thoughts
on whether or not the Town should proceed to purchase some of the playground equipment and
store it until it could be installed (by volunteers) at a later date. The Town had half of the funds
for the playground. After discussion, the Board was in consensus to see what equipment could be
purchased and installed at a later date. Supervisor Williams indicated that the Town’s
engineering firm was commissioned to see what equipment could be purchased with the money
on hand, while the Town’s grant writing firm, Thoma Development Consultants was verifying
that the committed CDBG funds could be spent at this time.
APRIL 15, 2020 TOWN BOARD MEETING PAGE 4
Lime Hollow Nature Center – Connect Property/Trails to GLSC:
Supervisor Williams apprised the Board that Glenn Reisweber from Lime Hollow Nature
Center and Highway Sup’t. Bassett were in communication with regard to a potential shared
services agreement between the Town and Lime Hollow Nature Center (LHNC) regarding the
construction of new trails on LHNC property and the Town’s GLSC property. After discussion,
Attorney DelVecchio would look into the matter, while Supervisor Williams would discuss the
matter further with Mr. Reisweber and Highway Sup’t. Bassett.
Town Employees:
Supervisor Williams indicated that all Town employees have been paid since he declared
a State of Emergency in the Town of Cortlandville due to COVID-19, when all Town buildings
were closed to the public. Supervisor Williams asked the Board to adopt a formal resolution
authorizing such payment until modified by the Town Board.
RESOLUTION #95 AUTHORIZE PAYMENT TO ALL TOWN EMPLOYEES
DURING THE DECLARED STATE OF EMERGENCY IN THE
TOWN OF CORTLANDVILLE UNTIL MODIFIED BY THE
TOWN BOARD
Motion by Councilman Testa
Seconded by Councilman Withey
VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0
ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize and direct payment to all Town
employees during the declared State of Emergency in the Town of Cortlandville (commencing
March 16, 2020) until modified by the Town Board.
There was discussion amongst the Board in regard to a possible furlough or layoffs of
Town employees and possible cost savings measures for the Town. No employees were
furloughed at this time. Discussion would continue, if necessary at a later date.
RESOLUTION #96 AUTHORIZE TOWN EMPLOYEES TO WORK FROM HOME
DURING THE DECLARED STATE OF EMERGENCY IN THE
TOWN OF CORTLANDVILLE UNTIL MODIFIED BY THE
TOWN BOARD
Motion by Councilman Cobb
Seconded by Councilman Withey
VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0
ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize and direct Town of Cortlandville
employees to work from home, under the direction of their direct department heads, during the
declared State of Emergency in the Town of Cortlandville (commencing March 16, 2020) until
modified by the Town Board.
RESOLUTION #97 SUSPEND LOSS OF ACCRUED PAID TIME OFF FOR ALL
TOWN EMPLOYEES WHO WOULD LOSE ACCRUED TIME
UNTIL SEPTEMBER 1, 2020
Motion by Councilman Guido
Seconded by Councilman Testa
VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0
ADOPTED
BE IT RESOLVED, the Town Board does hereby suspend the loss of accrued paid time off for
all Town employees who would lose accrued time until September 1, 2020 as a result of
COVID-19 and the declared State of Emergency in the Town of Cortlandville.
APRIL 15, 2020 TOWN BOARD MEETING PAGE 5
Interconnection between Town and City Water/New Well:
Supervisor Williams apprised the Board that the study to connect the Town to the City’s
water was on hold by the City at this time. The Town and City received a grant to help fund the
study, which required a match of $12,500 from both municipalities. Supervisor Williams
explained that if the Town were to proceed with the interconnection, the project would be paid
for by the Town to enable the Town to purchase water from the City if needed. The cost of the
interconnection would be approximately $3 million. The need for the additional source of water
had to do with the Town’s Lime Hollow well; if there is a problem with contamination or the
pump goes down, the Town would have a major problem providing the water that is demanded
by its customers solely from the Town’s Terrace Road wells.
Supervisor Williams apprised the Board that another possible solution was to look into
the location of a new well, which would cost approximately $1 million. Water & Sewer Sup’t.
Alteri, along with the Town’s engineering firm, CHA, would look into a possible location for a
new well. A lengthy discussion occurred amongst the Board with regard to the possibilities.
Councilman Withey was in favor of interconnecting the City water to the Town, noting the
potential for contamination at the Lime Hollow well site, especially if the Rocks 13 mining
permit is modified. Councilman Withey was in favor of keeping the wells safe and not
restricting future development.
Supervisor Williams explained that a potential location for the location of a new well
would be upstream from Rocks 13 so the well won’t be impacted by contamination. He
suggested the potential location of a new well near Byrne Dairy, and potentially asking Byrne
Dairy to give the Town property for the well which would be to their benefit as a large water
user. At this time, Supervisor Williams was only interested in bringing the matter to the Board’s
attention.
Proposed Storage Building - Gutchess Lumber Sports Complex:
Supervisor Williams apprised the Board that the plans for the proposed new storage
building at the Gutchess Lumber Sports Complex (GLSC) were 90% complete by CHA.
Supervisor Williams suggested the Board allow CHA to complete the engineering and bid
specs/documents for the proposed building so the project would be ready to move forward when
the time comes. In order to go out to bid the funding/financing must be in place.
RESOLUTION #98 AUTHORIZE CHA TO CONTINUE WITH THE
ENGINEERING AND COMPLETION OF BID
SPECS/DOCUMENTS FOR THE PROPOSED NEW STORAGE
BUILDING AT THE GUTCHESS LUMBER SPORTS
COMPLEX
Motion by Councilman Testa
Seconded by Councilman Cobb
VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0
ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize CHA to continue with the
engineering and completion of bid specs/documents for the construction of a new storage
building at the Gutchess Lumber Sports Complex, as previously authorized per Town Board
Resolution #58 of 2020.
Contracts - 2020:
There was discussion regarding the approved recreation contracts for 2020 with the City
of Cortland and with John McNerney as the Town’s Part-time Recreation Director. Supervisor
Williams explained that at this time and due to COVID-19, the City cancelled its summer
recreation program for the year 2020 and furloughed employees. Director McNerney was the
only Recreation Department employee working at this time. After discussion, the Board was in
agreement that the contract with Mr. McNerney, as the Town’s Part-Time Recreation Director,
remain in place as his work was important for the success of the Gutchess Lumber Sports
Complex. It was also the Board’s consensus to honor the contract with the City for recreation
services, with Supervisor Williams reaching out to the City to ask if the contract could be
extended into 2021 to make up for any shortfalls.
APRIL 15, 2020 TOWN BOARD MEETING PAGE 6
Similarly, Supervisor Williams suggested that he talk with Plan First Technologies with
regard to the Town’s new contract for computer services to ask if the contract could be extended
into 2021 to make up for the fact that typical services may not be rendered at this time due to the
offices being closed and employees working remotely. The Board was in agreement.
Use of Byrne Dairy Storage Barn:
Supervisor Williams apprised the Board that he reached out to his contact at Byrne Dairy
to inquire if the Town could lease/rent the empty storage barn off of Route 13 to store Town
equipment used at the Gutchess Lumber Sports Complex, as well as a Town dump truck.
Supervisor Williams would report back to the Board at a later date after hearing back from Byrne
Dairy.
Plan to Reopen Town Hall to the Public:
There was discussion regarding the reopening of the Raymond G. Thorpe Municipal
Building (Town Hall) to the public after the state of emergency expired or was lifted. Supervisor
Williams presented the Board with a sketch of the proposed changes to enhance public safety
and security, including a reception desk and protective shields for counters to protect customers
and employees. Once there a date certain was established for opening the Town Hall to the
public, a more formal presentation would be given.
Water/Sewer Department Repair for Water Leak:
There was discussion regarding a problem the Town Water/Sewer Department
encountered when completing a repair for a water leak on private property. Three quotes were
received to correct the electrical repair. Attorney DelVecchio suggested that he speak with the
Town’s insurance company before the Board took any action.
There was discussion amongst the Board about how they were coping with the COVID-
19 pandemic in their personal lives and outsides jobs. Councilman Cobb spoke of his daily work
experiences. Councilman Guido, a high school teacher, explained that he was conducting his
classes virtually. Councilman Withey encouraged the Board to check in with department heads
throughout the crisis. Town Clerk Rocco-Petrella commented that her office staff was working
remotely throughout the stay at home order and was reporting to the office as needed and as
directed by her. Supervisor Williams added that most staff was working remotely or in the office
daily, such as his secretary, Patty O’Mara. Employees were commended for their work during
this difficult time.
Supervisor Williams apprised the Board that he would be spending approximately $1,000
or less on items necessary items for employee safety. As Supervisor, he had t he authority to do
so under the Executive Law however he wanted the Board to be aware of what he was doing.
RESOLUTION #99 ACKNOWLEDGE NOTIFICATION FROM THE STATE FOR
FILING OF LOCAL LAW NO. 1 OF 2020
Motion by Councilman Testa
Seconded by Councilman Guido
VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0
ADOPTED
BE IT RESOLVED, the New York State Department of State acknowledged receipt of Local
Law No. 1 of 2020, Amending Chapter 178, Article XVIII, Section 178-112 A(4) and A(5) of
the Code of the Town of Cortlandville, to be effective March 13, 2020.
RESOLUTION #100 AUTHORIZE APPROVAL OF PAYMENT REGARDING THE
TOWN-WIDE HOUSING REHABILITATION GRANT
PROGRAM CDBG #287HR323-19
Motion by Councilman Withey
Seconded by Councilman Testa
VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0
ADOPTED
APRIL 15, 2020 TOWN BOARD MEETING PAGE 7
BE IT RESOLVED, the Town Board does hereby authorize approval of payment for the
following regarding the Town-Wide Housing Rehabilitation Grant Program – CDBG
#287HR323-19:
Voucher #1: Thoma Development Consultants – Administration Services – $4,500.00
Voucher #2: Thoma Development Consultants – Administration Services – $3,000.00
No further comments or discussion were heard.
Councilman Cobb made a motion, seconded by Councilman Testa, to adjourn the Regular
Meeting. All voting aye, the motion was carried.
The meeting was adjourned at 6:55 p.m.
Respectfully submitted,
Kristin E. Rocco-Petrella, RMC
Town Clerk
Town of Cortlandville
*Note:
The draft version of this meeting was submitted to the Town Board for their review on May 11, 2020.
The final version of this meeting was approved as written at the Town Board meeting of May 20, 2020.