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HomeMy WebLinkAbout2021-09-15 Town Board Minutes SEPTEMBER 15, 2021 5:00 P.M. TOWN BOARD MEETING The Regular Meeting of the Town Board of the Town of Cortlandville was held at the Municipal Garage, 3587 Terrace Road, Cortland, New York 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 DelVecchio; Deputy Town Clerk, Abigail Albro; Highway Sup’t. Larry Drach; Amelia McLean-Robertson, Attorney from Bond Schoeneck & King; Megan Williams; Town Residents: Jean Williams; Robert Martin; Pamela Jenkins; Ken Woodman; Stephen Flatt; Gerry Ruggerio; Donna Johnson; Ken Blanton; and News Reporters: Colin Spencer from the Cortland Standard; and Kevin Smith from the Cortland Voice. Supervisor Williams called the Regular Meeting to order. While there were no minutes to approve, Town Clerk Rocco-Petrella apprised the Board the Draft Town Board Minutes of September 1, 2021 were complete and would be provided to them for their review and approval at the next meeting. RESOLUTION #262 AUTHORIZE PAYMENT OF VOUCHERS – SEPTEMBER Motion by Councilman Testa Seconded by Councilman Guido 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 #1159-1215 HG, SF, SS, SW General Fund A $ 71,923.65 General Fund B $ 248.36 Highway Fund DA $ 0.00 Highway Fund DB $ 15,384.28 Gutchess Lumber SC Project HG $ 1,250.00 C’Ville Fire District SF $ 0.00 Sewer Fund SS $ 13,409.06 Water Fund SW $ 14,926.51 Funds CD1, CD3, CD4 Voucher #44-45 BMills Rehab CD1 $ 0.00 Town Wide Rehab CD3 $ 11,550.00 Business Devl CD4 $ 62,800.00 Funds TA, TE Voucher #(None) Trust & Agency TA $ 0.00 Expendable Trust TE $ 0.00 Supervisor Williams offered privilege of the floor to Pamela Jenkins. Town resident, Pamela Jenkins, asked that her complete comments be entered into the record, which were provided to the Town Clerk as follows: Good afternoon, my name is Pam Jenkins. I ask that my complete comments be attached to the agenda for this meeting. First, I see that agenda item I-10 makes reference to Douglas Withey and to a letter he sent to the ZBA. That is a personnel matter and it is obviously something that needs to be discussed only in Executive session. It will be your ethical violation if you discuss this personnel matter in public. Tonight, I ask you to ACCEPT and FILE the Permissive Referendum Petition with 243 signatures, it calls for Special Election to be held so that voters have the opportunity to approve or disapprove of the contract that was signed on 8/4/2021 with the private bb tournament company. It was SEPTEMBER 15, 2021 TOWN BOARD MEETING PAGE 2 submitted to the town clerk on September 1, 21 which was within 28 days of when the contract was authorized by the town board on 8/4/2021. Cortlandville could easily have put the issue of the taxpayer funded expansion of GLSC on the November 2nd ballot for the voters to decide if they support or disapprove of the 8/4/2021 contract which CV signed with the private for-profit bb tournament company to expand GLSC at taxpayer expense. But CV chose not to put it on the ballot for November 2, 2021. Town law provides that if CV had any objections to the taxpayers Petition, which was submitted on September 1, Cortlandville had to file those objections with the court within 5 days, per Town Law section 91. The Town failed to file any objections to the petition within the legal time frame of 5 days. Therefore, I request that you take all of the actions you are legally required to take to ensure that the Special Election on the GLSC 8/4/2021 contract does, in fact, take place. At this meeting, please Accept and File the Permissive Referendum Petition. We expect that the Special Election will be held in late November or early December. Voters will be given the chance to voice their approval or disapproval of the contract CV signed with the private for-profit bb tournament company to expand GLSC at taxpayer expense. Here are some of the things we know about this fumbled process: Cortlandville spent at least $4.1 million dollars on GLSC so far, and remains $2.7 million in debt, so far. Cortlandville failed to seek or receive review from the Cortland County Planning Board and failed to seek or receive review from the Cortlandville Planning Board or ZBA. Cortlandville failed to seek or receive the required PRIOR authorization by the New York State Office of Parks Recreation and Historic Preservation. Cortlandville kept the contract which they signed with the bb tournament company as a secret until the hour it was signed on 8/4/2021. The public could not comment upon that secret contract. The amount of revenue to CV from the contract would not be enough to cover existing debt much less operation, maintenance, equipment, replacement, NOR expansion with more baseball fields, restrooms and concession, underground sprinkling system, and equipment, and more parking lots. The amount CV would receive from sales tax is miniscule compared to the debt already incurred. Recall that CV only gets a very small portion of any sales tax generated. Cortlandville did not do any costing or cost estimation for all of the things which the 8/4 contract requires CV to provide…they abandoned their responsibility to taxpayers by going in blind on the contract. Following the Cortland County Legislature’s vote to approve of giving CV $500,000 of the COVID American Rescue Plan grant to expand GLSC, Mr. Wagner, who is the County Legislature’s chair of the Budget and Administration Committee, told me on August 26, 2 that he had not even seen the contract which CV signed on August 4th. He knew nothing about how much the contract would sink CV into further debt. Now, please Accept and File that Permissive Referendum Petition which calls for a Special Election to be held on the Gutchess Lumber Sport Complex contract. Thank you, Pam Jenkins Supervisor Williams offered privilege of the floor to Robert Martin: Town resident, Robert Martin addressed the Board as follows and provided his comments for the record as follows: GLSC Economics Cash Cow or Money Pit or somewhere in between? Cash cow is a consistently profitable business, property, or product whose profits are used to finance a company's investments in other areas SEPTEMBER 15, 2021 TOWN BOARD MEETING PAGE 3 Money pit is an ongoing drain on financial resources, such as a house in frequent need of costly repairs or improvement. All information including financial data comes from Town meetings, minutes, emails or press releases: 8/4/21 Highlights of the Town of Cortlandville Management Agreement with PBR Tournament NY, LLC – Gutchess Lumber Sports Park: Machell Phelps presentation at the 8/4/21 meeting held at GLSC: From a Town of Cortlandville press release on partnering with PBR: From a 8/6/21 email with Tom Williams: • Funding: Annual Management Fee - $218,000 for up to 20 years. The annual contract fee should have an inflation factor. The inflation adjustment should be adjustable on "consumer price index for urban wage earners and clerical workers (CPI-W)” or some similar measure. I calculated a 2% annual increase. The additional revenue lost at 10 years is $207,029. For 15 years it totals $499,965. For the 20 year term of the contract the total loss in revenue is $936,827. (See spreadsheet for details) Note: PILOT agreements have statement that amounts shall be increased annually by an amount equal to 2% of the prior tax year's payment. So, the six events so far that PBR has had out here this year has generated $1.3 million in economic impact for Cortland. The return on investment. I got the numbers from the Town. I figured out what the expenses have been. The return is 256% as it stand right now. Cortlandville receives a small percentage of sales tax revenue. For the $1,300,000 generated, at 4% that would be $52,000. Cortlandville’s share of that at 28.25% would be $14,820. Does this cover the grounds labor cost for highway personnel that typically work at GLSC? How about the electricity for the lights? Current debt – BAN for $2,685,000 at 0.42%. Interest rates since 2018 on original $3,000,000 have been 1.86%, 3.00%, 1.375%. Grand total paid for BAN to date is $499,918.74 From Town Board Meeting 5/6/2020 – John DelVecchio stated that the Town has flexibility with the current BAN. The BAN is tax exempt which would disallow the Town from entering into agreements with a third-party or private companies. What amount in addition to the existing debt of $2,685,000 will the Town need to Bond for and at what rate? Capital Project Fund (HG) expenditures are not part of the budget because they are not raised by tax dollar. PLEASE CLARIFY – WHERE DO FUNDS TO PAY OFF DEBT COME FROM IF NOT TAX PAYERS? – Tom Williams said “Two new baseball fields will be built because of this revenue neutral agreement.” Williams explained that the cost of developing the two new fields is offset by the revenue generated from the tournament agreement. – I asked is the money for phase 2 in the budget? Will you have to secure Bonding? Tom replied “Not yet. The budget has many moving parts this year and we are just starting the process. Bonding a possibility.” John Proud commented that the operation of the GLSC is a business ent erprise. He stated that the whole community would benefit economically from GLSC, although the Town taxpayers are paying for the park. • Construction: SEPTEMBER 15, 2021 TOWN BOARD MEETING PAGE 4 Build/Construction – Based upon detailed input from PBR, it is estimated that the cost to the Town to construct two (2) additional fields and additional parking will be approximately $750,000 - $1,000,000. The build/construction cost estimate of $750,000 to $1,000,000 seems low. Costs for one field range from $500,000 to $1,400,000. Plans need to be generated, reviewed and actual bids obtained. • Maintenance: Turf Maintenance – The Town and PBR shall each deposit $15,000 per year into an “escrow fund” which shall be used for repair and replacement of turf for the baseball fields. The escrow fund for turf maintenance does not appear to be adequate to cover these costs. Estimates that I have seen range from $1,000 to $8,000 for rips and joints up to $8,000 per field. Replacement cost at ten (10) years is estimated at up to $500,000. Other annual maintenance items include top dressing/infill, brushing/sweeping and deep cleaning. • Agreement: The Agreement Only Pertains to the Four Baseball Fields – The Town has formal plans in place to construct amenities/fields for other recreational uses that will be open to the public. Exhibit C contradicts this statement. 3. Town will ensure that PBRT enjoys peaceful possession of the Sports Campus and shall have sole and exclusive right to manage, operate and otherwise use the Sports Campus. • Planning: The Town of Cortlandville will coordinate any required building permits, code review, or site plan approval as stated on CHA Proposal No. X69574 for Gutchess Lumber Sports Complex Phase 2. Under assumptions it also states that SEQR has been completed. Per section 3.06 of PBRT Management Agreement, all improvements to the Sports Campus reflected in the Plans shall be made by the Town in compliance with all applicable laws, rules, building codes and ordinances including the Americans with Disabilities Act. To answer my initial question – Cash Cow or Money Pit, I would like to quote a famous move quote: “Show me the money!” Town of Cortlandville Article 78 Vs Doug Withey At the 9/1/21 Town Board meeting the issue of possibly filing an Article 78 lawsuit was brought up during public open session against Town Board member (assumed to be Doug Withey). This and any item relating to discussions to proposed, pending or current ligation should have been brought up and discussed in an Executive session. Personnel matters or litigation are most frequently used for executive sessions per Town Law Manual. I believe the matter for the Article 78 lawsuit was related to Ethics. It is ironic in that it appears bringing such a matter up in a public forum seems unethical. Supervisor Williams briefly responded to Mr. Martin’s comments. He explained that the Town budget process is underway. The 2021 budgeted sales tax revenue was $2 million, however according to him and information projected by Mack Cook, Director of the Cortland City Finance, an estimated $2.98 million would be received for the year by the Town – roughly $1 million more in estimated revenue. Supervisor Williams made it clear that the estimated revenue was for the Town; there would likely be an increase in revenues for the County, City, and other municipalities from sales tax. Supervisor Williams stated that “a huge amount of money has fallen into our pot … that may or may not be contributed to Gutchess Lumber Sports Complex.” However, he asked those in attendance to name one feature in Cortland County that for the last three or four months have brought thousands of people into the town. SEPTEMBER 15, 2021 TOWN BOARD MEETING PAGE 5 Supervisor Williams offered privilege of the floor to Gerry Ruggiero. Town resident, Gerry Ruggiero stated that several weeks ago he signed a petition for a permissive referendum regarding the management agreement between the Town and PBR Tournaments and the Gutchess Lumber Sports Complex. However, after signing the petition he stated that he felt awkward and asked for his name to be removed. Mr. Ruggiero stated that he does not favor the referendum. He explained that part of the reason he does not support the petition was that “sports have done wonders” for his family. His son is in the US Naval Academy and spent his youth at the JM McDonald Center and at Testa Park. Mr. Ruggiero added that although he is a CPA and did not “look at the numbers” he does not believe the money from the County is needed either. Mr. Ruggiero provided the Board with a Court of Appeals case, Conners v. Town of Colonie, 108 A.D.3d 837 (N.Y. App. Div. 2013) and read sections of that case aloud. He stated that Town Law § 62(2) regulates permissive referendum when there is a conveyance or acquisition of property. Per the Connors v. Town of Colonie (page 2): We conclude that Supreme Court properly dismissed the petition and amended petition, but we do so for other reasons … Town Law §64(2) provides that, upon adopting a resolution, a town board may “convey or lease real property in the name of the town, which resolution shall be subject to a permissive r eferendum.” The petition and amended petition allege that, as the agreement is “the functional equivalent of a lease,” the Town violated Town Law § 64(2) by adopting the resolution and entering into the agreement without first conducting a permissive referendum … We disagree, finding that petitioners’ documentary evidence establishes conclusively that there was no conveyance subject to Town Law § 64(2). Mr. Ruggiero urged the Board to look at the case Conners v. Town of Colonie as it pertained to a very similar management agreement; there was no conveyance of real property. Mr. Ruggiero stated that the Town Board only has two options to move forward: 1. Rescind Resolution #228 of 2021 approving the management agreement subject to permissive referendum; or 2. Mr. Ruggiero will sue the Town in State Supreme Court and compel the Board to get rid of the permissive referendum. * Mr. Ruggiero left the Board meeting after making his statement. Councilman Guido made a motion, seconded by Councilman Testa, to receive and file the following monthly reports: 1) Code Enforcement Officer, Kevin McMahon – August 2021; 2) Cortland Community SPCA – August 2021; 3) Town Justice LeFevre and Town Justice Mathey – August 2021; 4) Town Clerk – August 2021; 5) Fire & Safety Inspector/Code Enforcement Officer, Desiree Campbell – August 2021. 6) Town Supervisor – August 2021. All voting aye, the motion was carried. RESOLUTION #263 TABLE ACTION ON THE PROPOSED LOCAL LAW OF 2021, “A LOCAL LAW TO AMEND THE ZONING CODE TO FURTHER SAFEGUARD THE EXISTING WELLHEAD PROTECTION AREAS WITHIN THE TOWN OF CORTLANDVILLE’S AQUIFER PROTECTION DISTRICT AND OTHER RELATED AMENDMENTS” Motion by Councilman Withey Seconded by Councilman Cobb VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0 ADOPTED BE IT RESOLVED, the Town Board hereby tables action on the proposed Local Law of 2021, “A Local Law to Amend the Zoning Code to Further Safeguard the Existing Wellhead Protection Areas Within the Town of Cortlandville’s Aquifer Protection District and Other Related Amendments”. SEPTEMBER 15, 2021 TOWN BOARD MEETING PAGE 6 Town Clerk Rocco-Petrella commented on the resignation of Deputy Town Clerk/Deputy Registrar Amanda Rainbow, who would be taking on a new role with the Town in the Town Supervisor’s Office. Due the resignation, there would be vacancies in her office. At this time, she asked for the Board to acknowledge the appointment of Deputy Town Clerk Abigail Albro as Deputy Registrar effective October 2, 2021 after accepting resignation of Mrs. Rainbow. She wished Mrs. Rainbow well in her new position. Town Clerk Rocco-Petrella apprised the Board and those in attendance that her office was busy with the sale of conservation licenses, preparation of the October 2021 water/sewer billing, and the benefit tax process for the year 2022. Town Board reports: Councilman Withey commented on the Permissive Referendum Petition submitted to the Town Clerk on September 1, 2021 and asked the Board to accept and file the petition. He acknowledged that along with seven other people, he circulated the petition and obtained a total of 243 signatures over a three-day period. Councilman Withey stated that the petition was not against the Park (Gutchess Lumber Sports Complex) but was against the contract. He stated that any business plan that would accept this contract is wrong. He stated that the petition was the voice of the people and was confident that they could secure more signatures, noting that 62 people signed the petitions he carried. He reiterated that the petition was not against the Park and mentioned that he donated money to it in the past. He stated that he worked on the petition to make sure the Park is sustainable without “dumping taxpayers’ money into it.” He stated that there may be an increase in sales tax but was concerned whether the increase would cover the cost of the Park or not. Councilman Withey stated that he asked for a cost-benefit analysis three times. He continued that, the “secretive actions for this is wrong… the community should be involved.” Councilman Withey stated he appreciates the sales tax increase, the grants, and private donations and was a believer in the Park. However, he stated that he is a “duly elected Town Councilperson and have not been permitted without a struggle to get the information I need”. He mentioned that he asked to sit in on the contract negotiations but was refused that, which he stated was wrong. Councilman Withey mentioned the letter he submitted to the Cortlandville Zoning Board of Appeals, which was on the agenda to be discussed later in the meeting. He stated, “Yes, I do get upset, I carried petitions for the taxpayer. … I would appreciate the acceptance of the petition and act responsibly for the taxpayers. … this has to be corrected.” Councilman Withey stated that he attended the Cortland County meeting where the allocation of $500,000 to the Town from the ARPA funds was discussed. He stated, “not only am I paying Town tax, now I’m paying County tax” for the Park. Councilman Withey stated this was “taxation without representation” and that the public needs questions answered. Councilman Withey asked, who gets to use the Park? He stated that when the Park started it was going to be good for the youth, however now it is good for people in a four-hour travel radius. He stated, “this is wrong”. Lastly, Councilman Withey stated it was wrong to drop off an agreement the day before we signed it, and that it was wrong to suggest this is a “cash cow” without the known costs. He stated, “if I took this to the bank for a loan I would get laughed out of the bank”. Supervisor Williams stated that he was not going to address much of the comments. He stated that Councilman Withey took it upon himself to work outside the team. He stated that he has been criticized by some for bringing too much information to the Board – a bit of minutia. Supervisor Williams stated that the numbers are there for the Park and have been there from the beginning, adding that “the numbers have been reviewed by bonding companies on several levels”. Supervisor Williams stated that the State of New York doesn’t just give $1 million to a project lightly. Supervisor Williams stated that a team is a team, and a team is only as strong as its weakest link. He mentioned his background in the State Police and the teamwork exhibited by that entity. Supervisor Williams asked Councilman Withey the status of bringing Wi-Fi to the GLSC, a project which he asked Councilman Withey to initiate. Councilman Withey stated he provided the email address and contact name to Supervisor Williams previously. Supervisor Williams mentioned that Councilman Withey was not in attendance for the meeting with Spectrum at GLSC. SEPTEMBER 15, 2021 TOWN BOARD MEETING PAGE 7 Supervisor Williams Reported: Town Board Meetings – Zoom Videoconference: Supervisor Williams stated it was suggested that the Board resume remote/virtual meetings due to a potential uptick in COVID cases this Fall. He asked what the Board’s preference was. Councilman Withey stated that the Zoom meetings worked well. Councilman Cobb agreed and mentioned that the Village and Town of Homer were moving back to virtual meetings as well. Councilman Guido and Councilman Testa voiced their preference to meet in person. RESOLUTION #264 AUTHORIZE TOWN BOARD MEETINGS TO BE HELD REMOTELY VIA ZOOM VIDEO AND TELEPHONE CONFERENCE AS PERMITTED BY THE EXECUTIVE ORDER OF THE STATE OF NEW YORK Motion by Councilman Cobb Seconded by Councilman Withey VOTES: AYE – Williams, Cobb, Withey NAY – Guido, Testa, ADOPTED BE IT RESOLVED, the Town Board does hereby authorize the Town Board Meetings to be held remotely via Zoom Video and Telephone Conference, as permitted by the Executive Order of the State of New York, commencing October 6, 2021 until January 15, 2022 unless changed by the Board to an earlier date. Special Election: Supervisor Williams informed the Board that Attorney DelVecchio was in contact with the Attorney for the NYS Board of Elections in Albany and had conversations regarding how to conduct a Special Election. The process could be costly and lengthy. It was estimated that the cost to conduct a Special Election would be $25,000 to $30,000. Supervisor Williams asked the Board for two motions: 1. To create an expenditure account under the Town Clerk’s line for $25,000 to provide the Town Clerk with funds to put a Special Election together; and 2. To authorize a second expenditure line for up to $10,000 for additional clerical and legal expenditures, such as bringing in other professionals to help. RESOLUTION #265 AMEND BUDGET TO CREATE AN EXPENDITURE ACCOUNT IN THE AMOUNT OF $25,000 FOR THE PURPOSE OF CONDUCTING A SPECIAL ELECTION Motion by Councilman Guido Seconded by Councilman Cobb VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0 ADOPTED BE IT RESOLVED, the Town Board hereby amends the 2021 Budget to create an expenditure account for the purpose of conducting a Special Election and to fund such account with $25,000 from the Town’s unexpended fund balance. RESOLUTION #266 AMEND BUDGET TO CREATE AN EXPENDITURE ACCOUNT IN THE AMOUNT OF $10,000 FOR CLERICAL AND LEGAL EXPENDITURES RELATING TO CONDUCTING A SPECIAL ELECTION Motion by Councilman Guido Seconded by Councilman Testa VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0 ADOPTED BE IT RESOLVED, the Town Board hereby amends the 2021 Budget to create an expenditure account for clerical and legal expenditures relating to conducting a Special Election and to fund such account with $10,000 from the Town’s unexpended fund balance. Board of Assessment Review - Reappointment: SEPTEMBER 15, 2021 TOWN BOARD MEETING PAGE 8 Supervisor Williams reported that John Diescher, a longtime member of the Board of Assessment Review was up for reappointment. He asked the Board to approve the reappointment for a five-year term from 2021 to 2026. RESOLUTION #267 REAPPOINT JOHN DIESCHER TO THE BOARD OF ASSESSMENT REVIEW 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 reappoint John Diescher, 3946 Route 11, Cortland, New York, to the Cortlandville Board of Assessment Review for a five-year term commencing October 1, 2021 and expiring September 30, 2026. Park Maintenance Costs: Supervisor Williams provided the Board with the park maintenance costs for all Town parks, including labor and equipment, as prepared by Highway Sup’t. Drach. He thanked Highway Sup’t. Drach for the information. Attorney DelVecchio reported: Permissive Referendum Petition re: Town Board Resolution #228 of 2021: Attorney DelVecchio commented briefly on the logistics of the permissive referendum petition filed with the Town Clerk. He stated that he was continuing to investigate the legal issues associated with that permissive referendum petition. He stated, “tonight we have to think long and hard about this … a gentleman came here and threatened to sue to the Town”. Attorney DelVecchio stated that he suspected that those who signed the petition did not know it would cost thousands of dollars to conduct a Special Election. Now, there was a question as to whether the resolution was valid or not. Attorney DelVecchio stated that he read through the 3rd Department case that was provided, which appeared to be on point and address this very issue. He stated that he would “spend a great deal of time to research this issue” and “make sure the Town follows the law”. Attorney DelVecchio stated that it was his advice to make that resolution subject to permissive referendum to err on the side of caution. He stated, “We do things right around here and it is my job to make sure we do things right”. Attorney DelVecchio stated that he needs to look at the issue. His advice was for the Board to take no action tonight, and to allow him to “take a hard look at the legalities of what we are dealing with here”. Supervisor Williams asked the Board to direct Attorney DelVecchio to research the matter further and to report back to the Board. Councilman Withey asked why the Board could not accept the petition tonight. Supervisor Williams stated that the Board has an Attorney to advise them. For the Board to do something outside of his advice would be wrong. RESOLUTION #268 AUTHORIZE TOWN ATTORNEY TO FURTHER REVIEW THE MATTER INVOLVING THE PERMISSIVE REFERENDUM PETITION FILED WITH THE TOWN CLERK REGARDING TOWN BOARD RESOLUTION #228 OF 2021 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 Attorney to further review the matter involving the permissive referendum petition filed with the Town Clerk regarding Town Board Resolution #228 of 2021 and the approval of the PBR Tournaments Management Agreement. SEPTEMBER 15, 2021 TOWN BOARD MEETING PAGE 9 At this time in the meeting the Board proceeded with new business items. RESOLUTION #269 ACCEPT RESIGNATION FOR RETIREMENT FROM STEVEN WYANT FROM THE TOWN OF CORTLANDVILLE HIGHWAY DEPARTMENT EFFECTIVE OCTOBER 1, 2021 Motion by Councilman Cobb Seconded by Councilman Testa VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0 ADOPTED WHEREAS, after 34 years of service to the Town of Cortlandville Highway Department, Steven Wyant has submitted his letter of resignation for retirement, therefore BE IT RESOLVED, the Town Board does hereby accept, with regret, the letter of resignation from Steven Wyant as Heavy Equipment Operator for the Town of Cortlandville Highway Department, to be effective October 1, 2021 (last day of work September 30, 2021), and it is further RESOLVED, the letter of resignation dated September 7, 2021 is hereby received and filed. RESOLUTION #270 ACCEPT RESIGNATION FROM AMANDA K. RAINBOW AS DEPUTY TOWN CLERK AND DEPUTY REGISTRAR EFFECTIVE OCTOBER 1, 2021 Motion by Councilman Withey Seconded by Councilman Testa VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0 ADOPTED WHEREAS, per Town Board Resolution #259 of 2021, the Supervisor hired Amanda K. Rainbow to fill the position of Assistant to the Aid to the Supervisor, therefore BE IT RESOLVED, the Town Board does hereby accept the letter of resignation from Amanda K. Rainbow as Deputy Town Clerk and Deputy Registrar, to be effective October 1, 2021, and it is further RESOLVED, the letter of resignation dated September 2, 2021 is hereby received and filed. RESOLUTION #271 ACKNOWLEDGE APPOINTMENT OF ABIGAIL C. ALBRO AS DEPUTY REGISTRAR EFFECTIVE OCTOBER 2, 2021 Motion by Councilman Withey Seconded by Councilman Guido VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0 ADOPTED WHEREAS, due to the resignation of Amanda K. Rainbow as Deputy Registrar for the Town of Cortlandville a vacancy exists, therefore BE IT RESOLVED, the Town Board does hereby acknowledge the appointment of Abigail C. Albro as Deputy Registrar for the Town of Cortlandville effective October 2, 2021 at an additional salary of $300.00 (pro-rated) for the year 2021. RESOLUTION #272 AUTHORIZE CORTLANDVILLE TOWN COURT TO APPLY FOR A JUSTICE COURT ASSISTANCE PROGRAM (JCAP) GRANT IN THE 2021-22 GRANT CYCLE UP TO $30,000.00 Motion by Councilman Withey Seconded by Councilman Cobb VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0 ADOPTED SEPTEMBER 15, 2021 TOWN BOARD MEETING PAGE 10 WHEREAS, the New York State Unified Court System has a grant available through the Justice Court Assistance Program (JCAP) to town and village courts with a maximum award of $30,000.00 per court, and WHEREAS, Town Justice, Hon. Lenore M. LeFevre has completed the 2021-22 JCAP Grant Application to purchase a bag scanner, and WHEREAS, the Town Board fully supports Hon. LeFevre in her 2021-22 JCAP Grant Application for the Cortlandville Town Court, therefore BE IT RESOLVED, the Town Board of the Town of Cortlandville authorizes the Cortlandville Town Court to apply for a JCAP grant in the 2021-22 grant cycle up to $30,000.00, and it is further RESOLVED, the Town Clerk is hereby authorized and directed to prepare a certified copy of the foregoing resolution to be forwarded to the New York State Unified Court System along with the required documents. RESOLUTION #273 SCHEDULE SPECIAL TOWN BOARD MEETING FOR OCTOBER 5, 2021 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 schedule a Special Town Board Meeting for Tuesday, October 5, 2021 at 12:00 p.m. to be held at the Municipal Garage, 3587 Terrace Road, Cortland, New York, for the purpose of the presentation of the 2022 Tentative Budget to the Town Board by the Town Clerk. Supervisor Williams requested Town Clerk Rocco-Petrella read County Resolution 236- 21 into the record, which she did as follows: ON MOTION OF GEORGE WAGNER RESOLUTION NO. 236-21 Authorize Use of American Rescue Plan Funds for the Development of Gutchess Lumber Sports Complex and Town Park WHEREAS, the Town of Cortlandville has invested $3,000,000 towards the development of the Gutchess Lumber Sports Complex & Town Park for the betterment of Cortland County, AND WHEREAS, the Gutchess Lumber Sports Complex & Town Park brings visitors and outside investment into Cortland County including occupancy and sales tax revenue, AND WHEREAS, the Town of Cortlandville proposes further expansion of the Gutchess Lumber Sports Complex & Town Park to provide for additional economic impacts as well as contributing to the quality of life for Town and County residents, AND WHEREAS, it would be in the best interest of Cortland County residents to invest in the development of the Gutchess Lumber Sports Complex & Town Park, AND WHEREAS, Cortland County has been awarded $9,000,000 through the Federal American Rescue plan to support projects that will provide for economic resiliency and enhance communities that have been negatively affected by the COVID-19 pandemic, AND WHEREAS, the Cortland County Federal Aid Allocation Citizen’s Advisory Committee has endorsed a proposal to invest $500,000 of the federal aid revenue into the Gutchess Lumber Sports Complex & Town Park, including the expansion of athletic facilities as well as other publicly accessible park facilities, NOW THEREFORE BE IT RESOLVED, that the Cortland County Legislature hereby authorizes the expenditure of $500,000 from the Federal American Rescue Plan funds for the Gutchess Lumber Sports Complex & Town Park for the purposes of developing athletic and publicly accessible recreation facilities, AND BE IT FURTHER SEPTEMBER 15, 2021 TOWN BOARD MEETING PAGE 11 RESOLVED, that $250,000 be allocated to the Gutchess Lumber Sports Complex & Town Park from 2021 Federal American Rescue Plan funds and that $250,000 be allocated to the Gutchess Lumber Sports Complex & Town Park from the 2022 Federal American Rescue Plan funds. Councilman Guido made a motion, seconded by Councilman Withey, to receive and file Resolution #236-21 adopted by the Cortland County Legislature, dated August 26, 2021, regarding the allocated funds to the Town of Cortlandville in the amount of $500,000 from the American Rescue Plan Act 2021/2022 funds for further development of the Gutchess Lumber Sports Complex. All voting aye, the motion was carried. Attorney DelVecchio commented that the Board should feel proud of the award, which was approved with a vote of 12-4. Councilman Guido agreed and stated he would like to go on record to extend his thanks to the Legislature. Supervisor Williams asked the Town Clerk to draft a letter of the Board’s unanimous appreciation for the support from the County. Supervisor Williams requested Town Clerk Rocco-Petrella read a letter from City of Cortland Mayor Brian Tobin into the record, which she did as follows: Chairman Heider, I am writing to offer my support for the Cortland County Legislature’s proposed allocation of $500,000 from the Federal American Rescue Plan funds for the continued growth and expansion of Gutchess Lumber Sports Park in the Town of Cortlandville. As the city’s mayor and as a longtime member of the Cortland Regional Sports Council board of directors, I know first-hand of the positive economic impact the park is having in the greater Cortland community. Further, I would encourage the legislature to consider additional investments in parks and recreational opportunities that are used by a broader cross-section of our constituents. This is one of the best ways to improve the quality of life for everyone, and to continue to keep Cortland one of the best places to live. The city has been pleased to be one of many partners in the park’s development to date, and the county’s involvement would be of tremendous benefit to the town in its ongoing work to create a top-tier northeastern sports tourism destination. Sincerely, Mayor Brian Tobin City of Cortland Councilman Cobb made a motion, seconded by Councilman Withey, to receive and file correspondence from City of Cortland Mayor Brian Tobin, dated August 25, 2021, to Cortland County Legislative Chairman, Paul Heider, regarding the Mayor’s support of the allocation of $500,000 from the American Rescue Plan Act 2021/2022 funds for further development at the Gutchess Lumber Sports Complex. All voting aye, the motion was carried. There was discussion regarding the extension of Local Law No. 1 of 2021, “Moratorium of Installations of Ground-Mounted Large Scale Energy Solar System Facilities in the Town of Cortlandville. Attorney DelVecchio informed the Board that the Solar Committee convened 6-8 times and has made some headway on suggesting amendments to the current Solar Law. He stated that the work being done will ultimately improve the ordinance. Once the Committee finishes its work the recommendations would be sent to the Board for review and adoption. Attorney DelVecchio asked the Board to adopt a resolution to extend the moratorium for an additional six months from the date of the end of the initial moratorium unless the Board ends it sooner by amending the current ordinance. RESOLUTION #274 AUTHORIZE EXTENSION OF LOCAL LAW NO. 1 OF 2021, “MORATORIUM OF INSTALLATIONS OF GROUND- MOUNTED LARGE SCALE ENERGY SOLAR SYSTEMS” IN THE TOWN OF CORTLANDVILLE Motion by Councilman Guido Seconded by Councilman Testa VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0 ADOPTED SEPTEMBER 15, 2021 TOWN BOARD MEETING PAGE 12 WHEREAS, on April 7, 2021 the Town Board of the Town of Cortlandville adopted Local Law No. 1 of 2021 imposing a “Moratorium of Installations of Ground-Mounted Large Scale Energy Solar Systems” in the Town of Cortlandville, and WHEREAS, said Local Law was filed with the New York State Department of State effective April 14, 2021, and WHEREAS, per Section 4(A) of the Local Law, the “moratorium shall expire on midnight of the date certain which is six (6) months after this local law shall become effective or unless the Town Board of the Town of Cortlandville adopts a resolution either extending it or ending it”, and WHEREAS, the Town Board of the Town of Cortlandville finds that an extension of the moratorium is warranted to allow time for the Solar Committee to complete their review and recommendations for amendments to the Solar Law, to allow time for the Town Board to forward the recommendations to the Town and County Planning Boards for review and recommendations, as well as to allow time for a public hearing to be held, therefore BE IT RESOLVED, the Town Board does hereby authorize an extension to Local Law No. 1 of 2021, “Moratorium of Installations of Ground-Mounted Large Scale Energy Solar Systems” for an additional six (6) months from October 14, 2021 until April 14, 2022, unless the Town Board adopts a resolution either extending it or ending it. Supervisor Williams requested Town Clerk Rocco-Petrella read a letter from Councilman Douglas Withey into the record, which she did as follows: January 5, 2021 Re: Illuminated Sign To: The Honorable Zoning Board of Appeals for Cortlandville Ladies and Gentlemen, The Town Board members have sent for your review a proposal to install an illuminated sign on Town Property along Route 13 near Gutchess Sports Park. This proposal requires your review while applying local zoning laws to the proposal. Ultimately, the project needs your approval to proceed. This matter has already come before the Town Board with a suggestion that we apply an absurd form requiring questions to be answered, and with an effort towards circumventing our local Zoning rules and regulations. This avenue was strongly turned down by the Town Board. Now it has been sent to you in hopes that you would apply the use of this same form. This avenue could be very subjective and possibly contrary to good zoning, whereas ZBA rules and regulations are clear and need to be applied accordingly. As this project requires an Area Variance and a Use Variance, i t is and should remain under your purview and without the use of this form/check list. It’s use by the ZBA to circumvent applying your due diligence and fiduciary responsibilities in my opinion would be wrong. I know that the Town Supervisor has suggested and apparently supported by Legal Council that the application of your responsibilities may end up with the project being denied for lack of one or both variances as it apparently does not fit our/ZBA local rules and regulations. This point was made clear to the Town Board Members, suggesting that the project did not fit the criteria of the proposed area. It was also stressed that the Town would lose $16,000.00 per year from the lease of the town’s property to a private business if the proposal is turned down. Additionally, it was stated that as the town did not follow process for the Gutchess Sports Park and did not apply for variances for what we currently see, so why start now? Applying this type of attitude is not good government, ignores fiduciary responsibility and actions of this nature should not be ignored. Our town needs to follow process whichever way it may go. The ZBA needs to apply existing local rules and regulations without consequences or influences. In this instance, your review must and will show good governance and fiduciary responsibility. In your review of this proposal, the monetary aspect need not be an issue for the ZBA. A review based on possible loss of $16,000.000 per year does not way the loss of respect and trust from our constituents and would do irreputable harm for the town and the governance there of. SEPTEMBER 15, 2021 TOWN BOARD MEETING PAGE 13 In closing, your application of standing regulations is what makes Cortlandville, Cortlandville. I appreciate all you do in keeping compliance with established re gulations in check. I just ask that you maintain your status quo and keep up your good work. Thank you and Happy New Year, Douglas Withey, Councilman Councilman Cobb made a motion, seconded by Councilman Testa, to receive and file correspondence from Councilman Douglas Withey to the Cortlandville Zoning Board of Appeals, dated January 5, 2021, regarding illuminated signs in the Town. All voting aye, the motion was carried. There was discussion regarding the correspondence written by Councilman Withey to the Cortlandville Zoning Board of Appeals (ZBA). Attorney DelVecchio stated that it is his job to “protect the Town legally”. What the Town did with the issue of the letter was to follow the law. He stated that he looked at the matter carefully; he read the letter, and he read the minutes of what was done. He stated, it appears that Mr. Withey made a representation in his individual capacity as a member of the Board. Attorney DelVecchio stated there was misrepresentation in Mr. Withey’s letter and explained that the Board asked him to submit the factor analysis to the ZBA. The letter from Mr. Withey attempts to influence the ZBA in its determination. On its face, the attempt to influence the ZBA is problematic. Attorney DelVecchio stated that as the Town Attorney, he felt somewhat uncomfortable making any conclusions. If the Board wants to take action, they could submit the issue to the County Ethics Committee to see if that committee will take the issue up. Or, the Board could hire an attorney who has expertise in analyzing such matters. Supervisor Williams stated that he was in touch with the acting County Attorney and asked if she would recommend this matter to their committee. He added that it was ironic, as he was one of people who put the county committee in place when he served on the County Legislature. Councilman Withey commented that his letter was sent to the ZBA on January 5, 2021. He stated, here we are bringing it up in open session. He asked Supervisor Williams if he agreed with what Attorney DelVecchio said, since this was his allegation and complaint. Attorney DelVecchio asked that the matter not be discussed. Councilman Withey stated that the accused should be able to get some answers to questions. Attorney DelVecchio stated that no conclusions were made here; it was only analyzed. He recalled that the Town Board Resolution (#255 of 2021) was to request the Town Attorney to analyze the potential ethics issue. Councilman Withey referred to the letter he wrote to the ZBA and asked what the violation was. Supervisor Williams stated that was not for him to answer. Councilman Withey provided background information regarding the situation and stated that the Town has a ZBA that should have reviewed the matter for a sign on town property. Attorney DelVecchio clarified that the Town Board decided to take up the factor analysis that was used in the Court of Appeals case, and to ask the ZBA if they wanted to take up the factor analysis. Attorney DelVecchio took the matter to the ZBA, who then took up the issue and decided not to take up the factor analysis. If the ZBA did not want to take the matter up, it would return to the Town Board, which it did. Councilman Withey asked if the matter went to the ZBA through the regular process. He stated that he assumed it did not because the minutes did not reflect the ZBA going into an executive session. He asked how the process was done, and if the proper channels were followed. He stated that, “rules and regulations are in place due to the efforts of many people prior to us to preserve the aesthetics of that area – we did not allow that to be exercised.” Attorney DelVecchio responded, “we followed the law”. The Board followed a Court of Appeals case using a factor analysis. Councilman Withey stated that his letter to the ZBA is moot as there was nothing [application] on the table to start with. He stated that to bring his letter out now was wrong. He stated that there is a system in place and boards in place to address issues, however we didn’t allow them to do their duty, “therefore we are morally wrong”. He stated, we are here to serve our public day in and day out. “I had to do a letter … we were not listening. So, if I have an ethics violation, I don’t have a problem with that. I served my oath …”. Attorney DelVecchio asked whether the Board would like him to continue to investigate the matter. Councilman Cobb made a motion to follow through on the ethics complaint. For lack of a second, the motion died. Councilman Withey thanked the Board for “doing the right thing”. SEPTEMBER 15, 2021 TOWN BOARD MEETING PAGE 14 RESOLUTION #275 AUTHORIZE SUPERVISOR TO EXECUTE DISCHARGE OF MORTGAGE BETWEEN THE TOWN AND SEAN P. CONKRITE REGARDING THE 2013 NYS COMMUNITY DEVELOPMENT BLOCK GRANT TOWN-WIDE HOUSING REHABILITATION PROGRAM 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 execute the discharge of mortgage between the Town and Sean P. Conkrite, 4122 McGraw North Road, McGraw, New York, regarding the 2013 NYS Community Development Block Grant (CDBG) Town-wide Housing Rehabilitation Program. RESOLUTION #276 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 payments (final draw down) for the following regarding the Town-Wide Housing Rehabilitation Grant Program (CDBG #287HR323-19): Housing Rehabilitation – Thoma Development – $2,650.00 Program Delivery – Thoma Development – $4,000.000 Administration – Thoma Development – $1,176.19 RESOLUTION #277 AUTHORIZE SUPERVISOR TO SIGN THE ANNUAL PERFORMANCE REPORT FOR THE TOWN-WIDE HOUSING REHABILITATION GRANT PROJECT 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 Annual Performance Report for the Town-wide Housing Rehabilitation Grant Project CDBG #287HR323-19. There was a brief discussion regarding the Order, Judgment and Decision in the matter of the Application of Source Renewables, LLC, Locust Solar II, LLC and Gunzenhauser Real Estate Company vs. Town of Cortlandville Zoning Board of Appeals and Town of Cortlandville. Attorney DelVecchio explained that the petitioners’ Petition and Complaint was denied. It was a big win for the Town of Cortlandville, although the petitioner has the right to appeal the decision. SEPTEMBER 15, 2021 TOWN BOARD MEETING PAGE 15 RESOLUTION #278 ACKNOWLEDGE RECEIPT OF THE ORDER, JUDGMENT AND DECISION IN THE MATTER OF THE APPLICATION OF SOURCE RENEWABLES, LLC, LOCUST SOLAR II, LLC AND GUNZENHAUSER REAL ESTATE COMPANY VS. TOWN OF CORTLANDVILLE ZONING BOARD OF APPEALS AND TOWN OF CORTLANDVILLE 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 acknowledge, by receiving and filing, the Order, Judgment and Decision, dated September 10, 2021, issued by Honorable Oliver N. Blaise, III in the matter of the Application of Source Renewables, LLC, Locust Solar II, LLC and Gunzenhauser Real Estate Company vs. Town of Cortlandville Zoning Board of Appeals and Town of Cortlandville, Cortland County Supreme Court Index No. EF21-092. No further comments or discussion was heard. Supervisor Williams requested the Board convene to an Executive Session. Councilman Testa made a motion, seconded by Councilman Guido, to recess the Regular Meeting to an Executive Session to discuss personnel matters and a contract negotiation. All voting aye, the motion was carried. The meeting was recessed at 6:31 p.m. Councilman Cobb 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 6:50 p.m. Members of the public were invited back into the meeting. RESOLUTION #279 AUTHORIZE SUPERVISOR TO SIGN THE PROPOSAL FROM CHA FOR THE DESIGN OF THE SERVICE (CONCESSION- RESTROOM) BUILDING FOR THE GUTCHESS LUMBER SPORTS COMPLEX Motion by Councilman Guido 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 proposal with CHA for the design plans for the Service (Concession-Restroom) Building to be located at the Gutchess Lumber Sports Complex, for the total cost of $8,850.00. RESOLUTION #280 AUTHORIZE HIRING JOHN B. FOLMER AS A PART-TIME PARALEGAL/CONTRACT EMPLOYEE FOR THE TOWN OF CORTLANDVILLE 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 hiring John B. Folmer, of Halstead Road, Cortland, New York as a part-time paralegal/contract employee for the Town of Cortlandville to assist the Town Clerk and Town Attorney, effective September 15, 2021, at a rate of $30.00 per hour. SEPTEMBER 15, 2021 TOWN BOARD MEETING PAGE 16 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 6:56 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 October 11, 2021. The final version of this meeting was approved as written at the Town Board meeting of October 20, 2021.