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HomeMy WebLinkAbout2021-03-03 Town Board Minutes MARCH 3, 2021 5:00 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; Water & Sewer Sup’t. Peter Alteri, Jr.; Deputy Town Clerk, Abigail Albro; Supervisor’s Secretary, Patty O’Mara; Dan Gapski; Christopher Stroud from Cipriani Energy; Town Residents: Peter Morse-Ackley; Robert Martin; Pamela Jenkins; and News Reporter: Colin Spencer from the Cortland Standard. Supervisor Williams called the meeting to order and asked for a roll call of the Board members in attendance. Councilman Testa made a motion, seconded by Councilman Cobb, to approve the Draft Town Board Minutes of February 3, 2021. All voting aye, the motion was carried. Councilman Testa made a motion, seconded by Councilman Cobb, to receive and file the Cortlandville Planning Board Minutes of January 26, 2021. All voting aye, the motion was carried. RESOLUTION #68 AUTHORIZE SUPERVISOR TO SIGN PURCHASE ORDER #0172 TO THE COMPUTING CENTER FOR THE PURCHASE OF ONE HP COMPUTER MONITOR FOR THE TOWN CLERK’S OFFICE Motion by Councilman Testa Seconded by Councilman Guido VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0 ADOPTED BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to sign Purchase Order #0172 submitted by the Town Clerk to be paid to the Computing Center for the purchase of one HP Computer Monitor (LED-backlit LCD monitor – 23.8”), for the Town Clerk’s office (records management computer), for the total cost of $125.00. RESOLUTION #69 AUTHORIZE SUPERVISOR TO SIGN PURCHASE ORDER #0173 TO STRICTLY TECH FOR THE PURCHASE OF A 32” ELO PRO TOUCH SCREEN MONITOR FOR THE TOWN CODE ENFORCEMENT OFFICE Motion by Councilman Testa Seconded by Councilman Guido VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0 ADOPTED BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to sign Purchase Order #0173 submitted by the Town Clerk to be paid to Strictly Tech for the purchase of one 32” ELO Pro Touch Screen Monitor LED Display for Code Enforcement Officer Kevin McMahon, for the total cost of $1,289.59. MARCH 3, 2021 TOWN BOARD MEETING PAGE 2 RESOLUTION #70 AUTHORIZE SUPERVISOR TO SIGN PURCHASE ORDER #0174 TO DELL TECHNOLOGIES FOR THE PURCHASE OF A PRECISION 3640 TOWER FOR THE TOWN CODE ENFORCEMENT OFFICE Motion by Councilman Testa Seconded by Councilman Guido VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0 ADOPTED BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to sign Purchase Order #0174 submitted by the Town Clerk to be paid to Dell Technologies (State Contract #C000000005000) for the purchase of a Precision 3640 Tower (Intel Core i7-10700; 16GB) for Code Enforcement Officer Kevin McMahon, for the total cost of $1,365.36. RESOLUTION #71 AUTHORIZE PAYMENT OF VOUCHERS – MARCH Motion by Councilman Withey Seconded by Councilman Testa 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 #178-247 HG, SF, SS, SW General Fund A $ 68,822.85 General Fund B $ 17,720.67 Highway Fund DA $ 0.00 Highway Fund DB $ 72,316.62 Gutchess Lumber SC Project HG $ 0.00 C’Ville Fire District SF $ 0.00 Sewer Fund SS $ 6,295.24 Water Fund SW $ 6,987.00 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 #4-6 Trust & Agency TA $ 45,551.19 Expendable Trust TE $ 0.00 Supervisor Williams offered privilege of the floor to Town resident, Peter Morse-Ackley. Town Resident Peter Morse-Ackley: Alrighty. Thank you for giving me the privilege. I hope you've been preparing for the solar moratorium. I'm glad to see that that's hopefully moving forward. I was concerned I didn't see on the agenda work on implementing the C omprehensive Plan, nor finalizing the solar amendments, nor on fixing the sign ordinance, and perhaps most importantly, not listed on the agenda is a public update of the aquifer strategy and how we're doing with that on the self-immunizing debacle from that last Board Meeting. Our law section §178-130 says, “one of the most important benefits received by residents of the Town of Cortlandville from its government is the protection of property values and way of life safeguarded by the town's zoning and planning laws.” Following our zoning and planning law process, not only help lead to the withdrawal or the McLean Solar 1 project from, you know, from a neighborhood, it has served this Town and many Towns for years. My main concern is why did you use a legal m aneuver, recommended by Mr. DelVecchio, to violate our zoning and planning laws? How do you choose to approve a sign that is against our zoning law? Think of it. The Town Attorney, saying it's okay to break the zoning law, once he leads you through a vote to get around the law. Apparently, just so the Town can make some money is a magic wand and self- immunizing approach had our Town Attorney presenting an advertising companies case for a profitmaking variance to the Town Board, and not the developer presenting in the usual manner to the Planning Board and then the ZBA. This left me with all sorts of questions regarding rules, costs, placement of the sign, appropriateness of the sign, as well as potentially sign ordinance concerns regarding the content the sign will allow or not allow. This gives to a third-party control of a sign on Town land. It's not the same as the one that's on the Town Board by, you know, the Fire Department. Hopefully you've MARCH 3, 2021 TOWN BOARD MEETING PAGE 3 reflected on this. Can you please explain to us tonight, why this happened at the last meeting? My second concern is, can this magic wand, this special legal maneuver, be used by the Town to put a solar project on Town land? Without following Planning Borders or SEQR procedures, because it sure seems you could do so by Mr. DelVecchio’s rationale. Or could the Town then use this procedure to allow solar development on private land, if the Town was to lease the land for the developer. This use of a self-immunizing vote was sad. And just what do you immunizing yourself from? After two weeks I appreciate the feedback I received from Mr. Cobb and Mr. Withey. But, where are the other four of you on this issue? Have you, all five Town Board members, talked with the 10 other board members, Planning and ZBA a zoning officer Weber whose information you clearly dismissed, to discuss the self-immunizing decision. And, to reaffirm and clarify whose responsibility is whose. And how should our three board system work? I believe this 2-17 vote has created an issue with the Town Boards use and misuse of its power. Also, are you going to try and use this magic wand again? Is this how you plan to get money from other projects, or perhaps use it again for the Sports Park? Have you yet arranged for a third-party review to confirm the legality of this maneuver? And, will you please release the results of that third party review, when and if it gets completed? Lastly, I believe that even if Mr. DelVecchio’s, you know, kind of guidance and maneuver is technically legal, to me, it appears unethical to put the Town Board above the law and the three board system, and therefore this approach should not be used. Thank you for listening. Councilman Guido made a motion, seconded by Councilman Testa, to receive and file the following monthly reports: 1) Town Supervisor – December 2020; 2) Code Enforcement Officer, Kevin McMahon – February 2021; 3) Town Clerk – February 2021; 4) Tax Collector – February 2021; 5) Water & Sewer Department – February 2021. All voting aye, the motion was carried. Councilman Cobb made a motion, seconded by Councilman Withey, to receive and file correspondence from Charter Communications, dated February 18, 2021 and March 1, 2021, regarding programming services. All voting aye, the motion was carried. Under new business, Town Clerk Rocco-Petrella reported that she received a phone call from John Bishop on Bell Drive extending his thanks and appreciation to the Town Highway Department for their hard work this winter with snow plowing in the Town and especially on his street. Town Clerk Rocco-Petrella also reported that 88% of the total tax warrant has been collected to date. Attorney DelVecchio reported: Response to Privilege of the Floor: Attorney DelVecchio briefly responded to Mr. Morse-Ackley’s comments and questions posed under privilege of the floor. Attorney DelVecchio: Thank you, Tom. I guess I'll just briefly respond to Mr. Morse-Ackley’s comments. Again, we have so many misstatements. What I tend to do is write down some of his comments and then address them. I stopped writing, there's so many. He indicated that, why would the Town do something where the company has control. He seems to lose sight of the fact that a Lease Agreement was signed, and that document will govern the situation. Also, he indicated that Mr. DelVecchio’s rationale was used as a legal maneuvering technique or something of that nature. Unfortunately, my rationale was not used; the Court's rationale was used in the paramount case that was cited at the time we analyzed that issue. I'm not going to waste time addressing those things, but it's unfortunate that, I guess, Mr. Morse-Ackley has a problem with how I represent the Town's best interests. MARCH 3, 2021 TOWN BOARD MEETING PAGE 4 Article 78 Proceeding – Source Renewables, LLC and Locust Solar II, LLC v. Town of Cortlandville Zoning Board of Appeals and Town of Cortlandville: Attorney DelVecchio informed the Board that an Article 78 Proceeding was filed by Source Renewables, LLC and Locust Solar II, LLC against the Town of Cortlandville Zoning Board of Appeals and Town of Cortlandville. The petitioners/plaintiffs filed an application for a variance to the Town ZBA for solar on residential property. The ZBA denied the use variance and the company was legally challenging the determination. Attorney DelVecchio asked the Board to acknowledge receipt of the notice of petition. RESOLUTION #72 ACKNOWLEDGE RECEIPT OF NOTICE OF VERIFIED PETITION/SUMMONS AND VERIFIED PETITION/VERIFIED COMPLAINT IN THE MATTER OF THE APPLICATION OF SOURCE RENEWABLES, LLC AND LOCUST SOLAR II, LLC V. TOWN OF CORTLANDVILLE ZONING BOARD OF APPEALS AND TOWN OF CORTLANDVILLE 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 acknowledge receipt of the Notice of Verified Petition/Summons and Verified Petition/Verified Complaint in the Matter of the Application of Source Renewables, LLC and Locust Solar II, LLC for a judgment pursuant to Article 78 of the New York Civil Practice Law and Rules against the Town of Cortlandville Zoning Board of Appeals and Town of Cortlandville (Index No. EF21-092). Proposed Local Law for a Moratorium on Solar: Attorney DelVecchio explained that as directed he drafted and emailed the members of the Board a proposed Local Law for a Moratorium on the Installations of Solar Facilities. The proposed language called for a 6-month moratorium with the ability to either extend or end the moratorium by resolution. He explained the process to the Board in detail and answered questions posed by the Board. Attorney DelVecchio stated there are three justifications for enacting a moratorium: 1) The number of solar projects coming into the Town; the Town’s solar law is good but it has been suggested that modifications be made; 2) the Town has been working on a new Comprehensive Plan and is taking steps to implement the Plan; 3) a moratorium would give the Town the opportunity to adopt Battery Energy Storage provisions. Discussion occurred amongst the Board. Supervisor Williams asked if the proposed local law would have to go to the County Planning Department for review. Attorney DelVecchio explained that when enacting a moratorium, if existing regulations are in place the moratorium should be viewed as an amendment to the regulation which must go to the County Planning Board for review. A public hearing was also required before the Board could vote on the local law, which would then have to be filed with the Department of State before being in effect. Councilman Testa asked if Attorney DelVecchio as aware if any other towns are doing something similar [enacting a moratorium]. He suggested that the process [to amend the current law] could be lengthy and that a moratorium could be in place for a year or more. He suggested the Board take their time so they would not be sorry in the future. He asked for clarification that the moratorium could be extended if necessary, which Attorney DelVecchio reiterated that it could. Councilman Withey agreed with the language of the proposed local law. He asked what would happen during the moratorium with future projects/applications. Attorney DelVecchio stated that while the moratorium is in place no new applications would be received by the Town. RESOLUTION #73 ACKNOWLEDGE RECEIPT OF A PROPOSED LOCAL LAW OF 2021 – MORATORIUM OF INSTALLATIONS OF SOLAR FACILITIES Motion by Councilman Testa Seconded by Councilman Cobb VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0 ADOPTED MARCH 3, 2021 TOWN BOARD MEETING PAGE 5 BE IT RESOLVED, the Town Board does hereby acknowledge receipt of a proposed Local Law of 2021 for a Moratorium of Installations of Solar Facilities in the Town of Cortlandville, as prepared by the Town Attorney, and it is further RESOLVED, the proposed Local Law shall be forwarded, if required, to the Town and County Planning Boards for their review and recommendations. RESOLUTION #74 SCHEDULE PUBLIC HEARING FOR APRIL 7, 2021 FOR A PROPOSED LOCAL LAW OF 2021 – MORATORIUM OF INSTALLATIONS OF SOLAR FACILITIES Motion by Councilman Cobb Seconded by Councilman Withey VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0 ADOPTED BE IT RESOLVED, a Public Hearing is hereby scheduled for April 7, 2021 at 5:00 p.m. to be held either via Zoom video conference or in person at the Town of Cortlandville Municipal Garage, 3587 Terrace Road, Cortland, New York (meeting location to be determined at a later date), concerning a proposed Local Law of 2021 - Moratorium of Installations of Solar Facilities, and it is further RESOLVED, the Public Hearing shall be contingent upon receipt of the recommendations, if needed, from the Cortland County Planning Department/Board. Supervisor Williams made a brief statement to the Board and those in attendance, reminding everyone to maintain decorum and follow the rules of order during the Town Board meetings. Town Board reports: Councilman Withey asked for an update on several pending projects in the Town including the following: 1) Status of a Recreation Committee; 2) LED Streetlight Project with Siemens Smart Infrastructure and savings to the Town; 3) the proposed second Highway building near Gutchess Lumber Sports Complex and a cost-benefit analysis; 4) a proposal or anything in writing from PBR regarding the Gutchess Lumber Sports Complex; and 5) Bennie Road speed limit reduction. Supervisor Williams responded to Councilman Withey’s questions. First, he explained that the Recreation Commission was created by the Board [in 2020] but there are no bylaws or guidelines in place. While some of the guidelines are in the law, he reported that he asked the John McNerney, the Town’s Recreation Director, to help draft guidelines/bylaws for the Recreation Commission. Supervisor Williams suggested a seven-member Commission and to consider having representation from Cortland County and perhaps the City of Cortland in addition to the citizens that would be appointed. He anticipated having more information by the next meeting. With regard to the Town’s LED Streetlight Project with Siemens Smart Infrastructure, Supervisor Williams explained that the Town could not move forward until the Public Service Commission of the State of New York takes action. Councilman Guido responded to Councilman Withey’s question regarding the cost-benefit analysis for the construction of a new storage building/highway garage on property located adjacent to the Gutchess Lumber Sports Complex, owned by Lime Hollow Nature Center, which the Town entered into a purchase agreement for. Councilman Guido explained he had been looking into the matter and spoke with the Town’s engineering firm, CHA as well as with Highway Sup’t. Drach in respect to the needs of the Highway Department. Councilman Guido concluded that it did not make financial sense to construct a building on the property currently owned by Lime Hollow Nature Center, but to instead construct a storage building at the location that was initially planned. Highway Sup’t. Drach did not plan to move highway trucks to a second location and noted that the Town’s salt shed is located in Polkville. Councilman Guido added that rerouting the roadway in the GLSC and running utilities to the proposed Gracie Road location also did not make sense financially. Utilities were accessible and available at the GLSC already. Councilman Withey thanked Councilman Guido and Highway Sup’t. Drach for reaching that decision. In regard to Councilman Withey’s question regarding receipt of a firm proposal from PBR in respect to the GLSC, Supervisor Williams responded “No”. MARCH 3, 2021 TOWN BOARD MEETING PAGE 6 Highway Sup’t. Drach responded to Councilman Withey’s final question regarding an update from the NYS DOT for a reduction in speed limit on Bennie Road. He stated that he spoke with a representative from NYS DOT and explained the exact location requested for a reduction in speed. He did not anticipate the NYS DOT reviewing the request until September 2021. Supervisor Williams stated it was obvious that he was one of people pushing for the new storage location based on many factors, including the previous request from the former Highway Sup’t. for a storage presence on the property and concern for parkland alienation. He stated it was his idea [to proceed with the purchase of property from Lime Hollow Nature Center (LHNC)], “based on the fact that I felt we needed to protect ourselves from potential harm down the road. When Larry decided that we did not need to store extensive equipment there, things changed. So, that being said, we will move ahead with a smaller building up near where it was proposed before.” Attorney DelVecchio explained that the Town signed a lease agreement Lime Hollow Nature Center regarding that property, but there was a clear contingency in that lease that “allowed you to decide whether or not to put a building on that property, and in the event that you decided not to, that essentially would make the lease null and void”. Supervisor Williams stated he has not had conversation with Glen Reisweber from LHNC, however he suggested a motion be made to the effect that the proposed storage building be moved back to the GLSC parcel. If the motion passed, he would inform Mr. Reisweber. Highway Sup’t. Drach was also asked to stop the survey of the LHNC property as previously approved. RESOLUTION #75 ABANDON PLANS TO CONSTRUCT A BUILDING ON PROPERTY LOCATED AT 3118 GRACIE ROAD, OWNED BY LIME HOLLOW NATURE CENTER, AND RETURN TO THE ORIGINAL PLAN TO CONSTRUCT A STORAGE BUILDING AT THE GUTCHESS LUMBER SPORTS COMPLEX AS ORIGINALLY PROPOSED Motion by Councilman Guido Seconded by Councilman Testa VOTES: AYE – Williams, Cobb, Guido, Testa NAY – Withey ADOPTED WHEREAS, per Town Board Resolution #214 of 2020 the Town Board authorized the Supervisor to execute the 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, a portion of tax map #105.00-01-37.000, for the purpose of constructing a storage building, and WHEREAS, after further review and a cost-benefit analysis it is the determination of the Town Board that the construction of a storage building on property located at 3118 Gracie Road is not financially beneficial to the Town of Cortlandville, therefore BE IT RESOLVED, the Town Board does hereby abandon plans to construct a building on property located at 3118 Gracie Road, resulting in the Purchase Agreement between the Lime Hollow Nature Center Inc. and the Town of Cortlandville to be null and void, and it is further RESOLVED, the Town Board shall return to the original plan to construct a storage building at the Town’s Gutchess Lumber Sports Complex as originally proposed. Supervisor Williams reported: New Entranceway to the Raymond G. Thorpe Municipal Building: Supervisor Williams apprised the Board he had a meeting scheduled with a couple department heads and the Security Committee to discuss plans for renovating the entranceway to the Town Hall for security reasons. If a decision was not made to present to the Board, Supervisor Williams would bring the designs back to the Board for a decision to be made. MARCH 3, 2021 TOWN BOARD MEETING PAGE 7 New Equipment for Town Highway Department: Supervisor Williams apprised the Board that Highway Sup’t. Drach requested approval for the purchase of a new mower attachment for the bobcat. He received three quotes for three different models and selected the middle-priced item from CNY Farm Supply. Councilman Withey stated he was in agreement with the purchase as long as it met the Town’s procurement policy. RESOLUTION #76 APPROVE EXPENDITURE OF $8,500 TO CNY FARM SUPPLY FOR THE PURCHASE OF A MOWER ATTACHMENT FOR THE TOWN HIGHWAY DEPARTMENT’S BOBCAT Motion by Councilman Testa Seconded by Councilman Guido VOTES: AYE – Williams, Guido, Testa, Withey NAY – 0 ABSTAIN – Cobb ADOPTED BE IT RESOLVED, the Town Board does hereby approve the expenditure of $8,500 to CNY Farm Supply for the purchase of a mower to be attached to the Town’s Bobcat #31 for the Town Highway Department. Proposed Moratorium of Installations of Solar Facilities: Supervisor Williams commented that if and when a moratorium is enacted for the installation of solar facilities, he planned to appoint an ad-hoc committee comprised of the Town Attorney, a member of the Town Board appointment by himself, a Planning Board member appointed by the Planning Board Chair, a Zoning Board of Appeals (ZBA) member appointed by the ZBA chair, and three members of the public. The committee would work on the proposed changes to the law. RESOLUTION #77 AUTHORIZE SUPERVISOR TO SIGN THE OWNER- OCCUPIED LOAN AGREEMENT BETWEEN THE TOWN AND DENISE M. MCNEAL FOR 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 BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to sign the Owner-Occupied Loan Agreement between the Town of Cortlandville and Denise M. McNeal, 4327 McGraw North Road, McGraw, New York, regarding the extension of loan funds by the Town’s CDBG Program (#287HR323-19) for the total amount of $38,450.00. RESOLUTION #78 AUTHORIZE APPROVAL OF PAYMENTS 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 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: Reome Electrical & General Contracting – $13,300.00 (Partial Payment - Bragg) Town of Cortlandville - $50.00 (Building Permit – Jordan) Town of Cortlandville - $50.00 (Building Permit – McNeal) MARCH 3, 2021 TOWN BOARD MEETING PAGE 8 Councilman Withey made a motion, seconded by Councilman Testa, to r eceive and file correspondence from NYS Homes & Community Renewal, dated February 26, 2021, regarding staff reassignment. All voting aye, the motion was carried. RESOLUTION #79 AUTHORIZE EXTENSION OF TIME FOR TAX COLLECTION TO MAY 31, 2021 Motion by Councilman Testa Seconded by Councilman Withey VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0 ADOPTED BE IT RESOLVED, the Supervisor is hereby authorized and directed to sign and forward a request to the Cortland County Treasurer for an extension of time until May 31, 2021 for the collection of taxes in the Town of Cortlandville, pursuant to Section 938 of the Real Property Tax Law. RESOLUTION #80 AUTHORIZE TRANSFER OF FUNDS TO BALANCE ACCOUNTS FOR THE 2020 BUDGET Motion by Councilman Withey Seconded by Councilman Testa VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0 ADOPTED WHEREAS, per Town Board Resolution #48 of 2021 adopted February 3, 2021, the Town Board authorized the Budget Officer to complete the year-end budget transfers to balance the 2020 accounts subject to receipt of the detailed information, therefore BE IT RESOLVED, the Budget Officer is hereby authorized and directed to transfer funds to adjust the accounts of the 2020 Budget for the Town of Cortlandville as follows: 1) GENERAL FUND A – TOWN WIDE: Transfer $55,055.01 FROM TO AMOUNT A1010.2 A1010.4 $ 327.75 A1110.4 A1110.1 $ 0.28 A1990.4 A1220.1 $ 520.00 A1220.2 A1220.4 $ 462.65 A1355.4 A1355.1 $ 2,164.90 A1430.41 A1430.4 $ 99.95 A599 A1680.4 $ 7,384.49 A599 A6989.4 $ 1,500.00 A7110.1 A7110.4 $ 4,621.15 A599 A8090.4 $ 7,050.00 A599 A9010.8 $ 15,679.00 A599 A9060.8 $ 10,244.84 A599 A9710.6 $ 5,000.00 TOTAL: $ 55,055.01 2) GENERAL FUND B – PART TOWN: Transfer $1,294.00 FROM TO AMOUNT B9040.8 B9010.8 $ 1,294.00 TOTAL: $ 1,294.00 3) DB – HIGHWAY FUND – PART TOWN: Transfer $66,781.69 FROM TO AMOUNT DB5110.1 DB5130.1 $ 66,781.69 TOTAL: $ 66,781.69 4) SW – WATER FUND: Transfer $10,425.32 FROM TO AMOUNT SW1990.4 SW8310.1 $ 4,696.03 SW1990.4 SW9010.8 $ 494.00 SW8320.2 SW8320.4 $ 5,235.29 TOTAL: $ 10,425.32 MARCH 3, 2021 TOWN BOARD MEETING PAGE 9 RESOLUTION #81 AUTHORIZE SUPERVISOR TO SIGN THE 2021 CONTRACT WITH VALLEY VIEW GARDENS & LANDSCAPING, INC. FOR LANDSCAPE MAINTENANCE AT THE RAYMOND G. THORPE MUNICIPAL BUILDING Motion by Councilman Guido 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 the Supervisor to sign the contract with Valley View Gardens & Landscaping, Inc. for landscape maintenance at the Raymond G. Thorpe Municipal Building for the year 2021, for a total amount not to exceed $2,715.00. RESOLUTION #82 AUTHORIZE SUPERVISOR TO SIGN AGREEMENT WITH RICOH USA, INC. FOR THE LEASE OF TWO PRINTER/COPIER/SCANNER FAX MACHINES FOR THE RAYMOND G. THORPE MUNICIPAL BUILDING (TOWN COPY ROOM AND TOWN COURT) Motion by Councilman Guido 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 the Supervisor to sign the agreement between Ricoh USA, Inc. and the Town of Cortlandville for the lease of two Printer/Copier/Scanner/Fax machines for the Raymond G. Thorpe Municipal Building (Town Copy Room and Town Court Office) to replace two Printer/Copier/Scanner machines that have expired warranties, and it is further RESOLVED, the term of the agreement shall be for 60 months (5 years) for a monthly payment of $320.79 with additional image charges per the agreement. Councilman Testa made a motion, seconded by Councilman Guido, to receive and file email correspondence from Pamela Jenkins, dated February 20, 2021, regarding Solar Law amendments and a moratorium. All voting aye, the motion was carried. Councilman Guido made a motion, seconded by Councilman Testa, to receive and file correspondence from Cecile and Jim Dore, received March 2, 2021, regarding solar projects in the Town of Cortlandville. All voting aye, the motion was carried. Councilman Cobb made a motion, seconded by Councilman Withey, to receive and file email correspondence from Elie Schecter, Consultant, C2 Energy Capital, dated February 26, 2021, notifying the Town of C2 Energy Capital’s withdrawal of the McLean 1 Solar application from consideration. All voting aye, the motion was carried. Councilman Testa made a motion, seconded by Councilman Guido, to receive and file correspondence from Christopher Stroud, Cipriani Energy Group, dated February 18, 2021, providing notice pursuant to Real Property Tax Law Section 487 (8)(b) that Yellow 3, LLC (1585 Tower Road – solar project) has entered into an interconnection agreement and made its deposit with the electric utility. All voting aye, the motion was carried. Councilman Testa made a motion, seconded by Councilman Guido, to receive and file correspondence from John Sidd, Esq., Hancock Estabrook, dated February 26, 2021, and the NYS Department of Taxation & Finance Office of Real Property Tax Services Form RP-412a (Industrial Development Agencies Application for Real Property Tax Exemption) regarding Yellow 3, LLC (1585 Tower Road – Solar; tax map #106.00-06-05.200) and the Payment In Lieu of Tax Agreement with the Cortland County Industrial Development Agency, dated February 1, 2021. All voting aye, the motion was carried. MARCH 3, 2021 TOWN BOARD MEETING PAGE 10 Councilman Testa made a motion, seconded by Councilman Guido, to receive and file correspondence from John Sidd, Esq., Hancock Estabrook, dated February 26, 2021, and the NYS Department of Taxation & Finance Office of Real Property Tax Services Form RP-412a (Industrial Development Agencies Application for Real Property Tax Exemption) regarding DG New York CS, LLC – Cortlandville I Project (East River Road – Solar; tax map #97.00-03-02.110) and the Payment In Lieu of Tax Agreement with the Cortland County Industrial Development Agency, dated February 1, 2021. All voting aye, the motion was carried. RESOLUTION #83 AWARD BID FOR TRASH REMOVAL AT THE RAYMOND G. THORPE MUNICIPAL BUILDING, TOWN HIGHWAY GARAGE AND GUTCHESS LUMBER SPORTS COMPLEX TO CASELLA WASTE MANAGEMENT Motion by Councilman Withey Seconded by Councilman Guido VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0 ADOPTED WHEREAS, the Town Highway Department requested bids for trash removal at the Raymond G. Thorpe Municipal Building, Town Highway Department, and the Gutchess Lumber Sports Complex, and WHEREAS, quotes were requested to be received by March 1, 2021 and were received as follows: Casella Waste Management Total/Month: $563.00 Syracuse Haulers Waste Removal, Inc. Total/Month: $563.53 Bert Adams Disposal Total/Month: $594.00 Leach’s Trash Total/Month: $695.10 THEREFORE, BE IT RESOLVED, the bid for trash removal at the Raymond G. Thorpe Municipal Building, Town Highway Department, and the Gutchess Lumber Sports Complex is hereby awarded to Casella Waste Management for a two-year contract, in the amount of $563.00 per month. RESOLUTION #84 AUTHORIZE PURCHASE OF TWO FLASHING SOLAR PANEL SIGNS FROM JC SMITH, INC. TO BE INSTALLED ON MCLEAN ROAD 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 purchase of two (2) flashing solar panel signs and hardware from JC Smith Inc. (State Contract) to be installed on McLean Road, a County road, subject to County Highway Department approval, for the total cost of $4,239.28. RESOLUTION #85 AWARD BID TO UPBEAT SITE FURNISHING FOR THE PURCHASE OF 25 PLASTIC 45-GALLON TRASH RECEPTACLES FOR TESTA PARK AND THE GUTCHESS LUMBER SPORTS COMPLEX 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 award the bid to Upbeat Site Furnishing for the purchase of 25 plastic 45-gallon trash receptacles for Testa Park and the Gutchess Lumber Sports Complex, for the total cost of $5,810.14. MARCH 3, 2021 TOWN BOARD MEETING PAGE 11 No further comments or discussion were heard. Councilman Testa made a motion, seconded by Councilman Cobb, to recess the Regular Meeting to an Executive Session to discuss a personnel matter and potential litigation. All voting aye, the motion was carried. The meeting was recessed at 6:06 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 6:39 p.m. No action was taken. No further comments or discussion were heard. Councilman Testa made a motion, seconded by Councilman Withey, to adjourn the Regular Meeting. All voting aye, the motion was carried. The meeting was adjourned at 6:40 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 March 12, 2021. The final version of this meeting was approved as written at the Town Board meeting of March 17,2021.