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HomeMy WebLinkAbout2021-02-03 Town Board Minutes FEBRUARY 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; Deputy Town Clerk, Abigail Albro; Supervisor’s Secretary, Patty O’Mara; Machell Phelps from the Cortland Regional Sports Council; John McNerney, Cortlandville Recreation Director and Cortland City Youth Bureau Director; Town Residents: Peter Morse-Ackley; Robert Martin; 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 receive and file the Cortlandville Zoning Board of Appeals Minutes of November 24, 2020, and the Cortlandville Planning Board Minutes of November 24, 2020. All voting aye, the motion was carried. Councilman Testa made a motion, seconded by Councilman Cobb, to approve the Draft Town Board Minutes of December 2, 2020, December 16, 2020, January 20, 2021, and the Draft Special Town Board Minutes of December 28, 2020. All voting aye, the motion was carried. RESOLUTION #45 AUTHORIZE PAYMENT OF VOUCHERS – FEBRUARY Motion by Councilman Testa Seconded by Councilman Withey 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 #47-110 HG, SF, SS, SW General Fund A $ 42,096.08 General Fund B $ 1,370.99 Highway Fund DA $ 0.00 Highway Fund DB $ 280,575.69 Gutchess Lumber SC Project HG $ 337.50 C’Ville Fire District SF $ 0.00 Sewer Fund SS $ 6,897.31 Water Fund SW $ 7,406.65 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 #1-3 Trust & Agency TA $ 45,886.14 Expendable Trust TE $ 0.00 Supervisor Williams introduced John McNerney, Recreation Director for the Town of Cortlandville and Director of the Cortland Youth Bureau, and Machell Phelps from the Cortland Regional Sports Council. Both were invited to attend the meeting to provide an update on the Gutchess Lumber Sports Complex (GLSC) and a projection for the 2021 season. Mr. McNerney and Ms. Phelps gave an overview of the events that were held at the GLSC in 2020, which included 25 events, many of which were multiple day events for baseball and softball. Due to the COVID-19 pandemic the first event was not held until June 14, 2020; there were no rentals for the months of March, April and May as originally scheduled. The Cortland Crush did not hold games and the Cortland High School did have any events as scheduled. FEBRUARY 3, 2021 TOWN BOARD MEETING PAGE 2 Ms. Phelps presented the Board with a proposed GLSC facility fee schedule for 2021. The only change from the 2020 fee schedule was the addition of a GLSC Partner day rate of $750.00. Based on research and the fees for similar events at different venues, a partner day rate would provide those who rent the fields for a long period of time (Cortland High School, TC3 etcetera) the opportunity to pay a day rate instead of a per hour charge. Ms. Phelps explained that the Town was one of the only venues that did not have a day rate. Mr. McNerney added that in addition to the day rate the fee for the lights and the field supervisor would be charged as well. Ms. Phelps and Mr. McNerney shard the calendar of events for the 2021 season, which included 64 events booked to date with the PBR and Cortland Crush baseball returning. Due to the coronavirus pandemic, there were no events scheduled for March or April. Typically, the high school and college baseball teams would use the fields however those sports were on pause. Mr. McNerney hoped that the baseball and softball seasons would be moved to May/June. Supervisor Williams asked the Board to take action regarding the proposed fee schedule. RESOLUTION #46 AMEND THE TOWN FEE SCHEDULE FOR USE OF THE ATHLETIC FIELDS AND FACILITIES 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 amend the Town Fee Schedule for use of the athletic fields and facilities at the Gutchess Lumber Sports Complex, to be effective February 3, 2021, as follows: County Applicants Non-County Applicants Facility Rental - per hour $75.00 $150.00 Facility Supervision - per hour $15.00 $15.00 Use of field lights - per hour $50.00 $50.00 Deposit $100 $100 Pavilion - per day $150 without alcohol permit or $200 with alcohol permit $150 without alcohol permit or $200 with alcohol permit GLSC Partner Day Rate $750.00 per day, per field Qualifications: 1. Multiple day events (tournaments, showcases, etc) 2. Multiple events per year (3 minimum) 3. 10+ hour rental Ms. Phelps presented the Board with information regarding the economic impact from the GLSC (on file with the Town Clerk). While very few events were held in 2020 due to the pandemic, the events that were held (baseball only) had an economic impact on the County . The total economic impact of events run through the Cortland Regional Sports Council for 2020 was approximately $866,610.63. Ms. Phelps explained how the number is derived, which is based on a formula provided by the State and a specific multiplier to determine the amount generated from overnight stays, food and gas (separate from sales tax revenue). In 2019 the economic impact from events was $2.3 million. Mr. McNerney commented on the calendar of events for the GLSC. He explained that a live calendar of events can be viewed on the Cortland Youth Bureau website. He was also working with the Town Highway Department for the pavilion bookings. No events were scheduled at this time due to the pandemic and State guidelines concerning gathering for events. FEBRUARY 3, 2021 TOWN BOARD MEETING PAGE 3 Town resident, Robert Martin asked a question about where teams stay in Cortland County, if the teams were required to stay in hotels in Cortland, and who handles the bookings. Ms. Phelps explained that it depends on the event. Sometimes teams stay in blocks of hotel rooms that she books, and sometimes travel agents make the bookings such as for the PBR. Supervisor Williams and members of the Board thanked Ms. Phelps and Mr. McNerney for their presentation and for their support. Supervisor Williams offered privilege of the floor to Peter Morse-Ackley. Town resident, Peter Morse-Ackley posed numerous questions to the Board regarding solar facilities and the Comprehensive Plan as follows: “I’m wondering if you guys supported the comprehensive plan, when you were asked to look at the Riley Road solar site. … What were your thoughts about it and how did you feel about it? Did it reflect the goals of our town? Did you find the solar panels scenic or attractive? Is the character of our town going to be rural and residential, as stated in our previous and proposed plan? Are we going to be the solar panel capital of New York State? Have you paused to consider the amount of acreage that has been given to industrial solar development, and the amount of acreage that is proposed to be given that is in our residential and agricultural areas? … Is this development in keeping with our comprehensive plans from 1978 or 2020, the Ag Farmland Plan, or our Corridor Plan? Did we really plan for this? Do we really want to have solar panels everywhere? I believe we need to immediately shut down the solar panels that are targeted for our neighborhoods and our corridors. Maybe it is time for a new moratorium. With the moratorium we could refocus on more accurately kind of meeting the standards that we’ve had before and our comprehensive plan. And we and our boards can prepare for being able to properly implement the new plan that’s coming up. Can you please reflect on what we’re doing before we do further damage to our town? Thank you for listening, and for considering these ideas, that’s it.” Supervisor Williams thanked Mr. Morse-Ackley for his comments. He stated that there are still things to be done with the Comprehensive Plan as well as changes to the Solar Law itself, which Attorney DelVecchio would comment on later in the meeting. Councilman Testa made a motion, seconded by Councilman Withey, to receive and file the monthly report of the Town Supervisor for the month of December 2020. All voting aye, the motion was carried. Councilman Testa mad a motion, seconded by Councilman Withey, to receive and file the Dog Control Officer Inspection Report as completed on 1/12/2021 by New York State Agriculture and Markets regarding the Cortland Community SPCA rating the DCO services as “Satisfactory”. All voting aye, the motion was carried Under new business, Town Clerk/Tax Collector Rocco-Petrella reported that to date over 78% of the total tax warrant for 2021 was collected during the month of January, which was comparable to 2020 in which 81% was collected. She thanked her staff for their hard work during the month of January and for their ability to adapt to the ongoing changes in operating procedures due to COVID-19. Secondly, she reminded the Board that their meeting agenda packets were now accessible through the Town’s Laserfiche program. She encouraged the Board to reach out to her or Nick Alteri with any questions. Supervisor Williams commented on the benefits of the new program and how it was being used. He gave accolades to Mr. Alteri who was instrumental with the integration of the new program and assisting the Town Clerk move forward with her project. Attorney DelVecchio reported: Part-time Bookkeeper: Attorney DelVecchio explained that the services of retired Town Bookkeeper were still requested by the Town. As such, a formal resolution was required for her to continue in the capacity as a part-time Assistant Bookkeeper for the Town. He explained that Mrs. Hicks’ position required her to have access to confidential/sensitive information including bank information. Attorney DelVecchio explained that Mrs. Hicks would continue to be covered under the Town’s commercial crime coverage policy. FEBRUARY 3, 2021 TOWN BOARD MEETING PAGE 4 RESOLUTION #47 AUTHORIZE HIRING MARCIA M. HICKS AS PART-TIME ASSISTANT BOOKKEEPER 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 authorize hiring Marcia M. Hicks, 4075 Hicks Hill Road, McGraw, New York as part-time Assistant Bookkeeper for the Town of Cortlandville, effective January 1, 2021, and it is further RESOLVED, Mrs. Hicks shall be paid a wage of $30.00 per hour, not to exceed 15 hours per week with no benefits. Sheriff Department Patrol in Town: Attorney DelVecchio recalled recent discussion regarding contracting with the Sheriff’s Department for the purpose of enforcing speed and traffic concerns in residential neighborhoods in the Town. Attorney DelVecchio researched the matter and found some State Comptroller decisions that fully support the notion that the Town and County Sheriff’s Department can legally enter that relationship. He provided the opinions to the County Attorney for her review and drafted a proposed agreement should the Town and County wish to pursue the idea. Attorney DelVecchio believed the Town would have the full support of the County Attorney and the Sheriff’s Department. Councilman Withey asked if the matter was discussed with Sheriff Helms. Supervisor Williams indicated that he spoke with Sheriff Helms on several occasions. His initial thought was to reimburse the County for the enforcement of traffic control for 10 hours per week at various times and days. The conversation was ongoing however the Sheriff seemed amenable to that. Proposed Amendments to Solar Law Attorney DelVecchio apprised the Board he forwarded the proposed amendments to the Solar Law to the Town and County Planning Boards for their formal recommendations. Once the Town Board receives the recommendations a public hearing could be scheduled, the comments could be digested, and the Board could then vote on the modifications. Supervisor Williams commented on the timeline for adopting the proposed amendments. He did not anticipate receiving the comments from the Town/County Planning Boards until the Town Board’s first meeting in March. He suspected a public hearing would not be held until April. Town Board reports: Supervisor Williams acknowledged that Councilman Testa completed his audit of the Supervisor’s records for 2020, in which he found that the records were in order. Councilman Testa’s official letter indicating such was on file with the Town Clerk’s office. Councilman Withey asked the Board to entertain a resolution that he prepared and read aloud recognizing Joseph R. Biden as the 46th President of the United States and Kamala D. Harris as Vice President of the United States. Due to technical difficulties a portion of the proposed resolution was not heard. Supervisor Williams asked Councilman Withey to provide the Town Clerk with the draft for the Board to review and to reintroduce it at the next meeting. Secondly, Councilman Withey commented on the sign for Park Outdoor Advertising Inc. proposed to be located on Town property off Route 13 (Byrne Hollow Crossing Road), the site of the Gutchess Lumber Sports Complex. He asked for more information regarding the status of the sign as he was under the impression that an application was not submitted to the Town Zoning Board of Appeals (ZBA) to entertain, nor was the matter discussed at the last ZBA meeting. Attorney DelVecchio responded to Councilman Withey. He recalled that at a previous meeting he provided the Board with a New York State Court of Appeals case which held that a municipality could waive or “immunize” itself from its own regulations. There is a “factor analysis” that can be examined to possibly make that happen. The Town Board decided to ask the ZBA to partake in that analysis. Attorney DelVecchio explained that at the last ZBA meeting he FEBRUARY 3, 2021 TOWN BOARD MEETING PAGE 5 brought the matter up, however the ZBA decided that it did not want to entertain the factor analysis. He explained that he would bring the matter back to the Town Board to discuss later. A formal use variance application was not made. There has only been discussion with the two respective boards as to whether or not to potentially entertain that immunization process. Councilman Withey stated, “we have a process that should be followed” starting with an application for a use variance and an area variance. He voiced concern for following the process and not circumventing the law. Attorney DelVecchio indicated that he did what the Town Board directed him to do. In the event the ZBA did not want to take up the factor analysis the Town Board directed him to come back to the Town Board. He stated that in no way was this an attempt to circumvent the law; the Town was following the law and would continue to follow the law. Councilman Withey asked what the ZBA Minutes reflected and if it was addressed in one way or another in such minutes. Supervisor Williams explained that he ZBA meeting was one week ago and the minutes were not yet available. Councilman Withey stated that he did not want to move forward on the matter until the ZBA has something in writing. He reiterated his belief that the matter belonged in front of the ZBA. No further reports from members of the Board were made. Supervisor Williams reported: Budget Transfers for 2020: Supervisor Williams requested Board authorization to allow the Bookkeeper to prepare and complete the year-end budget transfers to balance the 2020 accounts. The list of budget transfers would be provided by the Bookkeeper at the next meeting. RESOLUTION #48 AUTHORIZE BUDGET OFFICER TO COMPLETE YEAR-END BUDGET TRANSFERS TO BALANCE THE 2020 ACCOUNTS 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 the Budget Officer, via the Town Bookkeeper, to complete the year-end budget transfers to balance the 2020 accounts, subject to receipt of the specific account details. Route 13 Rocks, LLC: Supervisor Williams commented on the mining permit application submitted by Route 13 Rocks, LLC to the New York State Department of Environmental Conservation (NYSDEC). The NYSDEC was lead agency for the project and issued a Negative Declaration under S EQR. Comments were due within 30 days of the notice of complete application and Negative Declaration. Supervisor Williams asked several people to assist in the Town’s response including: Town officials and employees: Attorney Tom Fucillo; Forrest Earl from Geologic; and other local professionals who offered their services pro bono. Attorney DelVecchio was in the process of talking to Attorney Fucillo regarding his fees. Supervisor Williams would update the Board as things progressed. Councilman Withey asked to be included in the discussions as well. ESD Grant for Gutchess Lumber Sports Complex: Supervisor Williams informed the Board that after a several year process, the $862,000 Empire State Development (ESD) grant for the Gutchess Lumber Sports Complex (GLSC) has finally gone through the public comment period. ESD was in the process of completing the paperwork to finalize the grant. Supervisor Williams anticipated receiving the funds soon. New Entranceway to Town Hall: Supervisor Williams expected to be in receipt of a quote from CHA for a new entrance to Town Hall. If the Town proceeds with the plans, the Board would also have to discuss the addition of personnel for the security entrance. FEBRUARY 3, 2021 TOWN BOARD MEETING PAGE 6 Gutchess Lumber Sports Complex: Supervisor Williams reported that the Gutchess Lumber Sports Complex (ad hoc) committee was moving forward with conversations with PBR and a “fairly substantial offer” to be involved with the park. In addition, he indicated that he was also moving forward with the Recreation Committee that the Board previously approved. The proceeded with “new business” agenda items as follows: RESOLUTION #49 AUTHORIZE APPROVAL REQUEST OF JOHN JORDAN FOR THE 2019 COMMUNITY DEVELOPMENT BLOCK GRANT TOWN-WIDE HOUSING REHABILITATION 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 the approval request of John Jordan for property located at 3462 US Route 11 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 roofing, windows and doors, exterior and interior carpentry and flooring, for a total cost of $30,300.00. RESOLUTION #50 AUTHORIZE PAYMENT APPLICATION NO. 3 SUBMITTED BY G. DEVINCENTIS & SON CONSTRUCTION COMPANY, INC. FOR THE TOWN OF CORTLANDVILLE MISCELLANEOUS WATER AND SEWER IMPROVEMENTS PROJECT 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 execute Payment Application No. 3 as recommended by CHA for the Town of Cortlandville Miscellaneous Water and Sewer Improvements Project, for payment in the amount of $101,916.00 to G. DeVincentis & Son Construction Company, Inc., to reflect work completed through December 31, 2020 ($598,610.00) minus the previous applications for payment ($466,763.50) and the five percent retainage ($29,930.50). RESOLUTION #51 AUTHORIZE SUPERVISOR TO SIGN THE CERTIFICATE OF SUBTANTIAL COMPLETION FOR THE TOWN OF CORTLANDVILLE MISCELLANEOUS WATER AND SEWER IMPROVEMENTS PROJECT 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 Certificate of Substantial Completion between the Town and G. DeVincentis & Son Construction Company, Inc. for the Town of Cortlandville Miscellaneous Water and Sewer Improvements Project (Date of Issuance January 20, 2021). FEBRUARY 3, 2021 TOWN BOARD MEETING PAGE 7 RESOLUTION #52 AUTHORIZE SUPERVISOR TO SIGN THE TECHNICAL SUPPORT AGREEMENT WITH MODULAR MECHANICAL SERVICE REGARDING SERVICE FOR THE TOWN’S HVAC SYSTEM COMMENCING JANAURY 1, 2021 THROUGH DECEMBER 31, 2024 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 authorize and direct the Supervisor to sign the Technical Support Agreement between Modular Mechanical Service and the Town of Cortlandville for the semi-annual test and inspection, maintenance, and technical support for the Town’s HVAC system for a term of one (1) year commencing January 1, 2021 with a three (3) year extension through December 31, 2024, for the annual cost of $2,880.00. There was a brief discussion regarding authorization for Water & Sup’t. Alteri to purchase and install signage for the exterior of the Municipal Garage. Since the use of the Municipal Garage for public meetings, voting and such has increased it was suggested that better signage would be appreciated by the public to identify the building. Water & Sewer Sup’t. Alteri designed signage for the building. One sign would hang over the entrance to the garage, while the second sign would be installed on the side of the building facing Terrace Road. Supervisor Williams requested authorization for Water & Sewer Sup’t. Alteri to proceed with the purchase of the signs and the installation, which would be completed by Town employees. RESOLUTION #53 AUTHORIZE WATER & SEWER SUP’T. TO PURCHASE AND INSTALL EXTERIOR MOUNTED BUILDING SIGNS FOR THE TOWN OF CORTLANDVILLE MUNICIPAL GARAGE 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 the Water & Sewer Superintendent to purchase and install exterior mounted building signs for the Town of Cortlandville Municipal Garage, 3587 Terrace Road, from CNY Signs & Graphics, for a total cost of $579.47. Councilman Testa made a motion, seconded by Councilman Cobb, to receive and file correspondence from NYS Board on Electric Generation Siting & the Environment, dated January 25, 2021, regarding the “Notice of Closure of the Proceeding and regarding Intervenor Funding Matters” Homer, Cortlandville & Solon Solar Project - EDF Renewables Development, Inc. All voting aye, the motion was carried. Councilman Withey made a motion, seconded by Councilman Testa, to receive and file and forward the correspondence from Town resident David Park, dated February 1, 2021 regarding the McLean 1 Solar Project, to the Cortlandville Planning Board and Zoning Board of Appeals. All voting aye, the motion was carried. Councilman Withey made a motion, seconded by Councilman Testa, to r eceive and file and forward the correspondence from Town resident Roland Ryan regarding the McLean 1 Solar Project to the Cortlandville Planning Board and Zoning Board of Appeals. All voting aye, the motion was carried. FEBRUARY 3, 2021 TOWN BOARD MEETING PAGE 8 No further comments or discussion were heard. Councilman Testa made a motion, seconded by Councilman Cobb, to adjourn the Regular Meeting. All voting aye, the motion was carried. The meeting was adjourned at 6:10 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 February 18, 2021. The final version of this meeting was approved as written at the Town Board meeting of March 3, 2021.