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HomeMy WebLinkAbout2021-01-06 Town Board Minutes JANUARY 6, 2021 5:09 P.M. TOWN BOARD MEETING The Regular Meeting of the Town Board of the Town of Cortlandville was held via Zoom video and telephone conferencing with Supervisor Williams presiding as permitted by the Executive Order of the Governor of the State of New York due to the COVID-19 pandemic. 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 DelVecchio; Highway Sup’t. Larry Drach; Deputy Town Clerk, Abigail Albro; Supervisor’s Secretary, Patty O’Mara; and News Reporter: Colin Spencer from the Cortland Standard. Supervisor Williams called the meeting to order. RESOLUTION #01 ACCEPT 2021 VENDOR LIST FOR THE TOWN HIGHWAY DEPARTMENT/WATER-SEWER DEPARTMENT Motion by Councilman Withey Seconded by Councilman Guido VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0 ADOPTED BE IT RESOLVED, the Town Board does hereby accept the 2021 Vendor List submitted by Highway Sup’t. Drach listing vendors used by the Highway Department and Water/Sewer Department for the year 2021 as follows: VENDOR PO Number VENDOR PO Number VENDOR PO Number Aftermarket Effects 1280 Evolution Consulting South 1418 NuWay Hydraulics 1344 Allied Spring & Service Inc. 1281 Fastenal Company 1312 PACS Security Sentinel Sys. 1345 Ames Linen Service Inc. 1282 Finger Lakes System Chem 1313 Pump Service Supply 1386 Amrex Chemical Co Inc. 1283 First Choice Asphalt 1314 Rich & Rich Towing 1346 AT&T Mobility 1284 FS Lopke Contracting Inc. 1315 Ricoh USA Inc. 1347 AW Direct Inc. 1285 FW Webb 1381 Royal Chevrolet Cortland Inc. 1348 Beard Electric LLC 1286 Gartner Equipment 1383 RT 13 Rocks LLC 1349 Beck Equipment Inc. 1287 Genson Overhead Door Inc. 1316 Safetly Kleen 1350 BSN Sports Inc. 1288 Grainger Parts 1317 Skyline Electric Supply Co Inc 1351 Builders Best Do It Center 1289 Grant Street Construction Inc. 1318 Stadium International Trucks 1352 Cargill Inc. Salt Division 1290 Haun Welding Supply Inc. 1319 Staples Credit Plan 1353 Carrier – Mac Tools 1291 HEP Sales 1320 Steel Sales Inc. 1354 Casella Waste System Inc. 1292 HD Supply LTD (Core&Main) 1321 Stubs Tree Service 1355 Chemung Supply Corp. 1293 Holbrook’s Precast Inc. 1323 Suit-Kote Corp. 1356 Cincinnatus Home Center 1294 Homer Iron Works LLC 1324 Superior Plus Energy SVC Inc 1357 Cintas Corporation 1295 Homer Men & Boys Store Inc. 1325 Tallmadge Tire Service 1358 Clark Equipment Co. 1296 Hummel’s Office Equip Co. 1326 Team EJ Prescott 1384 CNY Farm Supply 1297 I-D Booth Inc. 1327 T.H. Kinsella 1359 CNY Rental 1298 JC Smith Inc. 1328 Thompson & Johnson Equip. 1360 CNY Signs & Graphics 1299 J&J Equipment 1329 Tifco Industries 1393 Commercial Maint. Supply 1300 Jack McNerney Chevrolet 1330 Ti-Sales Inc. 1361 Cook Brothers (Triple Cities) 1413 Joe Johnson Equip USA Inc. 1331 Tractor Supply Co. 1362 Cortland Country Max 1301 Kellogg Auto Supply Co Inc. 1332 Triple Cities ACQ LLC 1363 Cortland County Hwy Dept. 1302 Kinsley Power Systems 1333 United Radio 1364 Cortland County SWCD 1303 KJ Electric 1334 Vantage Equipment LLC 1365 Cortland Ready Mix 1304 Kurtz Truck Equip. Inc. 1335 Vellano Companies 1366 Cortland Water Department 1305 Lawson Products Inc. 1336 Verizon Wireless 1367 Cortland Wholesale Electric 1306 Lehigh Hanson 1337 Walmart Community 1368 Crossroads Highway Supply 1307 Lowes 1338 WEX Bank 1369 Cummins Northeast Inc. 1308 Meldrim’s Paint Center 1339 Zep Sales & Service 1370 D&L Landscaping 1382 Micro-Bac Labs 1340 D&W Diesel Inc. 1309 Murdock’s Excavation 1341 Dovi Motors 1310 Northern Block LLC 1342 EMA of New York 1385 Northern Nurseries of NY Inc. 1343 Empire Tractor 1311 JANUARY 6, 2021 TOWN BOARD MEETING PAGE 2 RESOLUTION #02 AUTHORIZE PAYMENT OF VOUCHERS – YEAR END 2020 (ABSTRACT #28) Motion by Councilman Withey Seconded by Councilman Cobb VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0 ADOPTED BE IT RESOLVED, the vouchers submitted have been audited and shall be paid as follows: Funds A, B, DA, DB, Voucher #1771-1800 HG, SF, SS, SW General Fund A $ 15,091.36 General Fund B $ 1,863.14 Highway Fund DA $ 0.00 Highway Fund DB $ 3,213.89 Gutchess Lumber SC Project HG $ 0.00 C’Ville Fire District SF $ 0.00 Sewer Fund SS $ 1,260.27 Water Fund SW $ 4,864.54 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 #(None) Trust & Agency TA $ 0.00 Expendable Trust TE $ 0.00 RESOLUTION #03 AUTHORIZE PAYMENT OF VOUCHERS – JANUARY Motion by Councilman Withey Seconded by Councilman Cobb VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0 ADOPTED BE IT RESOLVED, the vouchers submitted have been audited and shall be paid as follows: Funds A, B, DA, DB, Voucher #1-11 HG, SF, SS, SW General Fund A $ 62,299.01 General Fund B $ 6,570.00 Highway Fund DA $ 0.00 Highway Fund DB $ 50,400.00 Gutchess Lumber SC Project HG $ 0.00 C’Ville Fire District SF $ 0.00 Sewer Fund SS $ 2,625.00 Water Fund SW $ 13,502.00 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 #(None) Trust & Agency TA $ 0.00 Expendable Trust TE $ 0.00 Councilman Cobb made a motion, seconded by Councilman Testa to receive and file the Dog Control Officer Inspection Report and the Municipal Shelter Report from NYS Agriculture & Markets, dated December 14, 2020, regarding the “Unsatisfactory” DCO and dog shelter services at the time of inspection for the Cortland Community SPCA. All voting aye, the motion was carried. Councilman Testa made a motion, seconded by Councilman Withey, to receive and file the following monthly reports: 1) Code Enforcement Officer, Kevin McMahon – December 2020; 2) Town Clerk – December 2020; 3) Town Clerk – November 2020 (Corrected). All voting aye, the motion was carried. JANUARY 6, 2021 TOWN BOARD MEETING PAGE 3 Councilman Withey made a motion, seconded by Councilman Testa, to receive and file correspondence from Charter Communications, dated December 31, 2020, regarding programming services. All voting aye, the motion was carried. Under new business, Town Clerk/Collector Rocco-Petrella commented that the 2021 Town/County tax collection season was underway and was off to a busy start. Town Board Reports: Councilman Withey reported that he was starting up a blog concerning things that go on in the Town to provide more information to the public. He would provide the Board with more information and the link to his blog at a later date. Supervisor Williams reported: Memo from Councilman Withey: Supervisor Williams commented that he was in receipt of a memo from Councilman Withey to the members of the Cortlandville Zoning Board of Appeals. Supervisor Williams cited Town Law, Section 64, in which an individual board member may not unilaterally act on behalf of the board. Each board member has the same authority as every other board member. He questioned whether Councilman Withey’s formal communication to the ZBA was contrary to Town Law. Councilman Withey responded that he acted as an individual in his memo to the ZBA; he did not suggest the ZBA take action one way or another but stressed the importance of following process. Cortlandville Sand & Gravel Mine (Rocks 13) – Mining Permit: Supervisor Williams informed the Board that Paul Heider, Chairman of the Cortland County Legislature wrote a letter to the NYS Department of Conservation (NYS DEC) endorsing the Town’s position opposing the modification to the mining permit of Cortlandville Sand & Gravel (Rocks 13) that would allow for mining as deep as 100 feet below the water table into the aquifer. Councilman Withey asked if the City of Cortland signed the same letter the Town signed, written by the Cortland County Soil & Water Conservation District. Supervisor Williams could not confirm as he did not yet have a copy of the fully endorsed letter. Recognition Committee – Town Hall of Fame: Supervisor Williams reported that he received a proposed process for the Town Hall of Fame Recognition Committee to follow as provided by former Town Attorney and committee member, John Folmer. The Committee would be meeting in the upcoming weeks and hoped to provide the Town Board with the proposed process at their next meeting. Recreation Committee: Supervisor Williams indicated that he asked Mr. Folmer for his help with the creation of the Recreation Committee and hoped to have more information for the Board’s approval in February. Executive Session: Supervisor Williams requested the Board convene to an Executive Session at the end of the meeting to discuss contracts. Purchase Agreement – Lime Hollow Nature Center and Town of Cortlandville: Supervisor Williams reported that he was in receipt of the signed Purchase Agreement between Lime Hollow Nature Center and the Town of Cortlandville, for the Town to purchase a portion of property off of Gracie Road. Attorney DelVecchio emailed a signed copy of the agreement to the Board for their information. Supervisor Williams asked the Board to authorize Attorney DelVecchio to proceed with a survey of the property. Supervisor Williams asked Highway Sup’t. Drach to obtain quotes from three different surveying companies, which he agreed to do. JANUARY 6, 2021 TOWN BOARD MEETING PAGE 4 Councilman Withey voiced concern with proceeding any further and mentioned page 2, paragraph C of the agreement which indicates that the Town would be committed to constructing a building and bathrooms etc. Supervisor Williams stated he was only asking to proceed with the survey of the property at this time. The actual purchase of the property was subject to many contingencies. RESOLUTION #04 AUTHORIZE TOWN ATTORNEY TO PROCEED WITH OBTAINING A SURVEY FOR PROPERTY OWNED BY LIME HOLLOW NATURE CENTER, INC. LOCATED AT 3118 GRACIE ROAD Motion by Councilman Guido Seconded by Councilman Testa VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0 ADOPTED WHEREAS, the Town Board is in receipt of a signed Purchase Agreement between the Lime Hollow Nature Center, Inc. and the Town of Cortlandville to purchase a parcel of unimproved property consisting of 2.5+/- acres of land located at 3118 Gracie Road in the Town of Cortlandville, tax map #105.00-01-37.000, therefore BE IT RESOLVED, the Town Board does hereby authorize the Town Attorney to proceed with obtaining a survey for said property after the Town Highway Superintendent obtains three proposals from survey companies. RESOLUTION #05 AUTHORIZE APPROVAL REQUEST OF DENISE MCNEAL FOR THE 2019 COMMUNITY DEVELOPMENT BLOCK GRANT TOWN-WIDE HOUSING REHABILITATION PROGRAM (CDBG #287HR323-19) Motion by Councilman Cobb Seconded by Councilman Testa VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0 ADOPTED BE IT RESOLVED, the Town Board does hereby authorize the approval request of Denise McNeal for property located at 4327 McGraw North Road in the Town of Cortlandville, for a 100% deferred loan for the 2019 Community Development Block Grant Town-Wide Housing Rehabilitation Program (CDBG #287HR323-19), and it is further RESOLVED, the work to be completed includes plumbing, heating, siding, windows and doors, ad exterior carpentry, for a total cost of $38,450.00. Councilman Cobb made a motion, seconded by Councilman Testa, to receive and file correspondence from NYS Homes & Community Renewal, dated December 28, 2020, regarding the 6-Month Completion Notice due June 28, 2021 for the Town’s 2019 CDBG Town-wide Housing Rehabilitation Grant (CDBG #287HR323-19). All voting aye, the motion was carried. Councilman Cobb made a motion, seconded by Councilman Testa to approve the 2021 Contracts. Councilman Withey asked for the Board to postpone action on the matter until after Executive Session. Councilman Testa withdrew his second, and Councilman Cobb withdrew his motion. RESOLUTION #06 ADOPT TOWN OF CORTLANDVILLE PROCUREMENT POLICY - 2021 Motion by Councilman Withey Seconded by Councilman Guido VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0 ADOPTED BE IT RESOLVED, the Town Board does hereby adopt the Town of Cortlandville Procurement Policy dated January 6, 2021 for the year 2021. JANUARY 6, 2021 TOWN BOARD MEETING PAGE 5 RESOLUTION #07 ADOPT POLICY REGARDING THE USE OF TOWN-ISSUED CREDIT CARDS Motion by Councilman Withey Seconded by Councilman Testa VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0 ADOPTED BE IT RESOLVED, the Town Board does hereby adopt the following Policy regarding the Use of Town-Issued Credit Cards: Policy Regarding Use of Town-Issued Credit Cards The Town will issue Town credit cards to certain employees for use in their jobs; this policy sets out the acceptable and unacceptable uses of such credit cards. Use of Town-issued credit cards is a privilege, which the Town may withdraw in the event of serious or repeated abuse. Any credit card the Town issues to an employee must be used for business purposes only, in conjunction with the employee's job duties. Employees with such credit cards shall not use them for any non-business, non-essential purpose, i.e., for any personal purchase or any other transaction that is not authorized or needed to carry out their duties. Employees must pay for personal purchases (i.e., transactions for the benefit of anyone or anything other than the Town) with their own funds or personal credit cards. The Town will not regard expenses for one's own business-related use, such as lodging and meals while on Town-approved business trips, as personal purchases, as long as such expenses are consistent with the Town's travel and expense reimbursement policy. If any employee uses a Town credit card for personal purchases in violation of this policy, the cost of such purchase(s) will be considered an advance of future wages payable to that employee, and will be recovered in full from the employee's next paycheck; any balance remaining will be deducted in full from subsequent paychecks until the wage advance is fully repaid. Such deductions may take the employee's pay below minimum wage for the pay period(s) in question. If an employee uses a Town credit card for any other type of unauthorized transaction in violation of this policy, i.e., incurs financial liability on the Town's part that is not within the scope of the employee's duties or the employee's authorization to make business-related purchases, the cost of such purchase(s) or transaction will be the financial responsibility of that employee, and the employee will be expected to reimburse the Town via deductions from pay until the unauthorized amount is fully repaid. Such deductions will be in the amount of the unauthorized purchase(s), but if a deduction for such amount would take the employee below minimum wage for the workweek in question, the deductions will be in two or more equal increments that will not take the employee's pay below minimum wage for any workweek involved. In addition to financial responsibility and liability for wage deductions, any purchases an employee makes with a Town credit card in violation of this policy will result in disciplinary action, up to and possibly including termination of employment, depending upon the severity and repeat nature of the offense. Agreement for Wage Deductions Associated with Improper Use of Town-Issued Credit Cards I, hereby certify that I understand and agree to abide by the Town's policy regarding use of Town-issued credit cards, a copy of which I have received, and which has been explained to me. I agree that if I make any personal purchases (i.e., transactions for the benefit of anyone or anything other than the Town) in violation of that policy, the amount of such purchases is an advance of future wages payable to me, that the Town may deduct that amount from my next paycheck, and that if there is a balance remaining after such deduction, the Town may deduct the balance of the wage advance from my future paychecks until the amount is repaid in full. I further agree that if I make any non-personal transactions in violation of the policy in question, i.e., incur financial liability on the Town's part that is not within the scope of my duties or my authorization to make business-related purchases, I am financially responsible for any such expenses and agree to reimburse the Town via wage deductions for such amounts until the unauthorized amounts are fully repaid. Such deductions will be in the amount of the unauthorized purchase(s), but if such amount would take my pay below minimum wage for the workweek in question, the deductions will be in two or more equal increments that will not take my pay below minimum wage for any workweek involved. Signature of Employee Date Department Head Date RESOLUTION #08 DESIGNATE THE CORTLAND STANDARD AS THE OFFICIAL NEWSPAPER FOR THE TOWN OF CORTLANDVILLE FOR THE YEAR 2021 Motion by Councilman Guido Seconded by Councilman Cobb VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0 ADOPTED BE IT RESOLVED, the Cortland Standard is hereby designated as the official newspaper for the Town of Cortlandville for the year 2021. JANUARY 6, 2021 TOWN BOARD MEETING PAGE 6 RESOLUTION #09 DESIGNATION OF DEPOSITORIES FOR TOWN ACCOUNTS FOR THE YEAR 2021 Motion by Councilman Withey Seconded by Councilman Cobb VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0 ADOPTED BE IT RESOLVED, NBT Bank is hereby designated as the depository for the following Town accounts: General Fund A (Townwide) Trust & Agency Account General Fund B (Town outside villages) Justice Account Highway Account Water Fund Account Town Clerk Account Sewer Fund Account Tax Collector Account AND BE IT FURTHER RESOLVED, the following banks may be considered if necessary: Key Bank of Central NY; M&T Corp. Bank; Tompkins Trust Co.; and First National Bank of Dryden. RESOLUTION #10 AUTHORIZE TOWN CLERK TO ACCEPT THE SUPERVISOR’S ANNUAL FINANCIAL REPORT 90 DAYS AFTER THE CLOSE OF 2020 Motion by Councilman Withey Seconded by Councilman Testa VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0 ADOPTED BE IT RESOLVED, the Town Board does hereby authorize the Town Clerk to accept the Supervisor’s Annual Financial Report to the State Comptroller 90 days after the close of the fiscal year of 2020, and BE IT FURTHER RESOLVED, that the Town Clerk shall cause a notice to be published within ten (10) days after receipt thereof, stating that a copy of such report is on file in the Town Clerk’s office and available for public inspection and copying, in accordance with Town Law, Section 29, Article 10-A, amended June 29, 1979. RESOLUTION #11 DELEGATE TOWN BOARD MEMBERS TO AUDIT 2020 RECORDS OF TOWN OFFICIALS Motion by Councilman Cobb Seconded by Councilman Testa VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0 ADOPTED BE IT RESOLVED, the records of Town Officials and Town Employees, for the year 2020, shall be audited by Town Board members by January 20, 2021 as follows: Highway, Water & Sewer Jay E. Cobb Town Justices Jeffrey D. Guido Town Clerk/Tax Collector Douglas C. Withey Supervisor Theodore V. Testa RESOLUTION #12 ACCEPT AGREEMENT OF EXPENDITURES OF HIGHWAY MONIES FOR THE YEAR OF 2021 Motion by Councilman Testa Seconded by Councilman Withey VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0 ADOPTED JANUARY 6, 2021 TOWN BOARD MEETING PAGE 7 WHEREAS, the Agreement of Expenditures of Highway monies, in accordance with Section 284 of the Highway Law, was submitted by the Town Highway Sup’t. as required, therefore BE IT RESOLVED, the Agreement of Expenditures of Highway monies for 2021 is hereby accepted and shall be signed by members of the Town Board and Highway Superintendent. RESOLUTION #13 ADOPT THE 2021 SALARY SCHEDULE FOR THE TOWN OF CORTLANDVILLE Motion by Councilman Withey Seconded by Councilman Cobb VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0 ADOPTED BE IT RESOLVED, the Town Board does hereby adopt the 2021 Salary Schedule for Town of Cortlandville employees and elected/appointed officials. RESOLUTION #14 SUSPEND LOSS OF ACCRUED PAID TIME OFF FOR ALL TOWN EMPLOYEES WHO WOULD LOSE ACCRUED TIME AT THEIR ANNIVERSARY DATE UNTIL MODIFIED BY THE TOWN BOARD 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 if it hasn’t been used by their anniversary date as a result of the COVID-19 pandemic and employees’ inability to use paid time off, until modified by the Town Board. RESOLUTION #15 ADOPT TOWN HIGHWAY DEPARTMENT SALARY SCHEDULE FOR 2021 Motion by Councilman Withey Seconded by Councilman Testa VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0 ADOPTED BE IT RESOLVED, the Town Board does hereby adopt the Town Highway Department s alary schedule for the year 2021 as follows: HIGHWAY DEPARTMENT 2021 PAYROLL SCHEDULE HIRING A B C D E Heavy Equipment Mechanic 24.63 25.16 25.69 26.22 26.75 27.29 Heavy Equipment Operator/ 23.89 24.69 25.22 25.76 26.28 26.83 with Trailer CDL Heavy Equipment Operator 23.35 24.16 24.69 25.22 25.76 26.40 without Trailer CDL Automotive Mechanic 22.56 23.89 24.43 24.97 25.50 26.04 Motor Equipment Operator 20.97 23.27 23.91 24.45 24.87 25.20 Laborer 16.46 17.52 18.57 19.64 20.70 21.24 Buildings & 16.46 17.52 18.57 19.64 20.70 21.24 Grounds Laborer JANUARY 6, 2021 TOWN BOARD MEETING PAGE 8 Secretary/ 16.46 17.52 18.57 19.11 19.64 20.17 Keyboard Specialist Part-time Summer Laborer 11.55 11.81 12.07 12.33 12.59 12.85 Recreation Director 15.29 15.54 15.82 16.98 18.05 19.11 Asst. Recreation Director 11.55 11.81 12.07 12.33 12.59 12.85 NIGHT SHIFT RATE: $1.00 per hour is added to the regular hourly base wage. (The night shift is a regular scheduled shift from 8:00pm to 5:00am during winter months.) WAGES NOTE: An H.E.O. that does not have the required CDL license that is needed to move the Town’s equipment using the largest equipment trailer the Town has will receive $0.40 to $0.50 per hour less than the H.E.O. employees that do have the license. Hiring rate and step rates are given on anniversary dates and/or requirements meet if work improvement and performance are shown. RESOLUTION #16 ESTABLISH MILEAGE RATE FOR PERSONAL VEHICLES USED FOR TOWN BUSINESS FOR THE YEAR 2021 Motion by Councilman Testa Seconded by Councilman Withey VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0 ADOPTED BE IT RESOLVED, the mileage rate to be paid by the Town, for personal vehicles used for town business, is hereby established at the Federal IR S mileage rate for the year 2021 (56 cents per mile) and is subject to audit by the Town Board, effective January 1, 2021. RESOLUTION #17 RE-APPOINT LAIRD R. UPDYKE TO THE CORTLANDVILLE PLANNING BOARD 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 re-appoint Laird R. Updyke of 4360 Meadow Lane, Cortland, New York, to the Cortlandville Planning Board for a five-year term effective January 1, 2021 until December 31, 2025. RESOLUTION #18 RE-APPOINT BERNICE POTTER-MASLER TO THE CORTLANDVILLE ZONING BOARD OF APPEALS 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 re-appoint Bernice Potter-Masler of 560 Route 222, Cortland, New York, to the Cortlandville Zoning Board of Appeals for a five-year term effective January 1, 2021 until December 31, 2025. Councilman Testa made a motion, seconded by Councilman Cobb, to receive and file correspondence from Attorney John Sidd of Hancock Estabrook, dated December 16, 2020, regarding the adjustment of the Payment in Lieu of Tax Agreement for Forkey Construction & Fabricating, Inc. (3690 Luker Road), as a result of the company falling below the minimum required number of employees. All voting aye, the motion was carried. JANUARY 6, 2021 TOWN BOARD MEETING PAGE 9 Councilman Testa made a motion, seconded by Councilman Cobb, to receive and file correspondence from Attorney John Sidd of Hancock Estabrook, dated December 16, 2020, regarding the adjustment of the Payment in Lieu of Tax Agreement for Pyrotek Incorporated (641 NYS Route 13), as a result of the company falling below the minimum required number of employees. All voting aye, the motion was carried. Councilman Testa made a motion, seconded by Councilman Withey, to receive and file the Cortland County Planning Department Review and Recommendations, dated December 11, 2020, and the Cortland County Planning Board Resolution #20-26, dated December 16, 2020, regarding the Aquifer Protection Permit application submitted by DG New York CS, LLC to construct a five megawatt ground mounted large scale solar energy system on property located southeast of the intersection of Riley Road and East River Road in the Town of Cortlandville, tax map #87.00-03- 08.112. All voting aye the motion was carried. Councilman Testa made a motion, seconded by Councilman Withey, to receive and file correspondence from LaBella Associates, dated December 17, 2020, regarding the Homer Solar Energy Center 90 MWac photovoltaic solar facility and the project overview drawing. All voting aye, the motion was carried. Councilman Cobb made a motion, seconded by Councilman Testa, to receive and file correspondence from Jams A. Muscato II of Young/Sommer LLC, dated December 18, 2020, regarding the Homer Solar Energy Center 90 MWac photovoltaic solar facility. All voting aye, the motion was carried. Councilman Withey made a motion, seconded by Councilman Testa, to receive and file the 2020 Periodic Review Report for the South Hill Dump as prepared by CHA for the Town of Cortlandville, dated December 2020. All voting aye, the motion was carried. Councilman Guido made a motion, seconded by Councilman Cobb, to receive and file correspondence from Mark E. Helms, Cortland County Sheriff, dated December 22, 2020, regarding the Governor’s Executive Order No. 203 requiring each local government in New York State to adopt a policing reform plan by April 1, 2021. All voting aye, the motion was carried. RESOLUTION #19 AUTHORIZE TOWN CLERK TO ACCEPT THE DECEMBER 28, 2020 PRESENTATION MADE BY NYSERDA ON SOLAR ENERGY/BATTERY STORAGE AS 1.0 CREDIT HOUR TOWARDS THE REQUIRED ANNUAL TRAINING FOR THE MEMBERS OF THE CORTLANDVILLE PLANNING BOARD AND ZONING BOARD OF APPEALS Motion by Councilman Cobb Seconded by Councilman Testa VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0 ADOPTED BE IT RESOLVED, the Town Board does hereby authorize and direct the Town Clerk to accept the December 28, 2020 presentation made by NYSERDA on solar energy/battery energy storage as 1.0 credit hour towards the required annual training for the members of the Cortlandville Planning Board and Zoning Board of Appeals. RESOLUTION #20 APPROVE EXTRA WORK AUTHORIZATION SUBMITTED BY CHA CONSULTING, INC. FOR THE CONCEPTUAL LAYOUT FOR THE ENTRANCE ROAD FOR THE GUTCHESS LUMBER SPORTS COMPLEX Motion by Councilman Testa Seconded by Councilman Guido VOTES: AYE – Williams, Cobb, Guido, Testa NAY – Withey ADOPTED JANUARY 6, 2021 TOWN BOARD MEETING PAGE 10 BE IT RESOLVED, the Town Board does hereby approve the Extra Work Authorization submitted by CHA Consulting Inc. (CHA), dated January 4, 2021, for the park entrance road location for the Gutchess Lumber Sports Complex off of Gracie Road and proposed driveway for the proposed highway building, for the total cost of $3,990.00. RESOLUTION #21 AUTHORIZE RENEWAL OF MOBILE HOME PARK PERMIT FOR CNH TRAILER PARK FOR 2021 Motion by Councilman Withey Seconded by Councilman Testa VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0 ADOPTED WHEREAS, Bret Peek of Albany, New York, owner, submitted a completed application and the appropriate fee of $65.00 for the renewal of the Mobile Home Park Permit for CNH Trailer Park located at 3610 Kingsley Avenue in the Town of Cortlandville, tax map #96.09-04-14.000, and WHEREAS, Town Code Enforcement Officer, Desiree Campbell conducted an exterior inspection of the Mobile Home Park on October 21 and 29, 2020 and December 2, 2020 and submitted her inspection reports to the Town Board for review, and WHEREAS, CEO Campbell noted violations which have been satisfied per the final re- inspection of the site conducted on December 14, 2020, therefore BE IT RESOLVED, the Town Board does hereby approve the Mobile Home Park Permit Renewal for CNH Trailer Park for the year 2021 in the name of Bret Peek of Albany, New York, and it is further RESOLVED, the Town Clerk is hereby authorized and directed to issue the Mobile Home Park Permit which shall be valid from January 1, 2021 through December 31, 2021, at which point the permit must be renewed. Attorney DelVecchio reported: Water Reserves Loan to Cortlandville Fire District: Attorney DelVecchio recalled that at the Special Town Board Meeting held December 28, 2020 the Town Board adopted a resolution to authorize the emergency payment in the amount of $300,000 to the Cortlandville Fire District (CVFD). The resolution, as prepared by Attorney DelVecchio, provided for the CVFD to reimburse the Town at an interest rate that was not determined at the time the resolution was adopted. Attorney DelVecchio spoke with the Town Bookkeeper as well as with the Town’s auditors and suggested the interest rate of 0.02% be designated, which is the interest earned on the reserve account. Attorney DelVecchio suggested the Board amend the resolution previously adopted to provide for the interest rate of 0.02%. RESOLUTION #22 AMEND RESOLUTION #347 ADOPTED DECEMBER 28, 2020 TO “AUTHORIZE EMERGENCY PAYMENT IN THE AMOUNT OF $300,000 TO THE CORTLANDVILLE FIRE DISTRICT FROM THE TOWN’S WATER IMPROVEMENT CAPITAL RESERVE FUND” TO PROVIDE THAT THE FIRE DISTRICT REIMBURSE THE TOWN AT AN INTEREST RATE OF 0.02% ON OR BEFORE DECEMBER 31, 2021 Motion by Councilman Withey Seconded by Councilman Guido VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0 ADOPTED BE IT RESOLVED, the Town Board does hereby amend Resolution #347 of 2020 adopted December 28, 2020 to “Authorize Emergency Payment in the Amount of $300,000 to the Cortlandville Fire District from the Town’s Water Improvement Capital Reserve Fund” to provide that the Fire District reimburse the Town at an interest rate of 0.02% on or before December 31, 2021. JANUARY 6, 2021 TOWN BOARD MEETING PAGE 11 Gutchess Lumber Sports Complex – BAN Renewal: Attorney DelVecchio commented that the process for the renewal of the bond anticipation note (BAN) for the Gutchess Lumber Sports Complex was underway and on track to be accomplished later this month. No further comments or discussion were heard. Councilman Withey made a motion, seconded by Councilman Testa to recess the Regular Meeting to an Executive Session to discuss contracts. All voting aye, the motion was carried. The meeting was recessed at 6:00 p.m. Councilman Testa made a motion, seconded by Councilman Withey, to adjourn the Executive Session and reconvene the Regular Meeting. All voting aye the motion was carried. The Executive Session was adjourned at 6:21 p.m. Members of the public were invited to return to the meeting at this time. RESOLUTION #23 APPROVE THE 2021 ANNUAL CONTRACTS Motion by Councilman Cobb Seconded by Councilman Testa VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0 ADOPTED BE IT RESOLVED, the Town Board does hereby approve the annual contracts for 2021, and shall receive and file them as follows: Advantage Cleaning Service (6 months) $13,832.00 CHA Municipal Consulting Agreement $ *hourly rates Cortland City Youth Bureau $38,350.00 Cortland Regional Sports Council $20,000.00 Lamont Memorial Library $ 5,000.00 SPCA – Cortlandville $38,984.00 SPCA – McGraw $ 5,000.00 SPCA – Cats Spay/Neuter $ 3,500.00 Village of Homer Recreation $10,000.00 Village of McGraw Recreation $12,000.00 Councilman Withey made a motion, seconded by Councilman Testa, to adjourn the Regular Meeting. All voting aye, the motion was carried. The meeting was adjourned at 6:22 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 January 12, 2021. The final version of this meeting was approved as written at the Town Board meeting of January 20, 2021.