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HomeMy WebLinkAbout2021-11-03 Town Board Minutes NOVEMBER 3, 2021 5:00 P.M. PUBLIC HEARING NO. 1 2022 PRELIMINARY BUDGET A Public Hearing was held by the Town Board of the Town of Cortlandville via Zoom video and telephone conference with Supervisor Williams presiding, as permitted by the Executive Order of the State of New York, concerning the 2022 Preliminary Budget. 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; Supervisor’s Secretary, Patty O’Mara; Assistant to the Supervisor’s Secretary, Amanda Rainbow; Town Bookkeeper, Megan Johnson; Highway Sup’t. Larry Drach; Richard Tupper, Financial Advisor for the Town; Megan Williams; Adam Fishel; Justin Marchuska: Town Residents: Jean Williams; Robert Martin; Andrea and Chad Niggli; Greg Leach; Dawn Brown; and News Reporter: Eddie Velasquez from the Cortland Voice. Supervisor Williams called the Public Hearing to order. Town Clerk, Kristin Rocco-Petrella, read aloud the published, posted and filed legal notice. Supervisor Williams offered privilege of the floor to those in attendance. Town Resident, Robert Martin read the following statement from Pamela Jenkins. Town Resident, Robert Martin for Pamela Jenkins: Pamela Jenkins for Cortlandville Public Hearing on the Budget. Please be sure there is a separate account so that all spending on the Gutchess Lumber Sport Complex, is tracked so that the public can review. This account should include, among other things: all engineering, all consulting, all labor, all maintenance, all equipment, all contractors, all supplies, all repairs, all replacement, all promotional expenses, all paving, all buildings, all infrastructure expenses. Thank you, Pamela Jenkins. Town Resident, Robert Martin made the following comments. Town Resident, Robert Martin: At the previous Budget Workshop, Dick Tupper corrected what he felt was a typo in my review. There was not a typo. I use the word lease because the contract with PBR is a lease. If there is a typo it is in the contract itself. Exhibit D clearly states monthly lease schedule. Overall, the text of the contract and its terms indicate that it is a lease. Consulting various legal references, the contract contains many items included that this agreement would be held as a lease. Initially, simply labeling an agreement as a management agreement or a lease does not make it so. The Courts will look to the terms of the agreement to determine whether it is a management agreement or a lease. Tom Williams stated during the Supervisor’s debate that he was tired of all the numbers. He indicated during the Budget Workshop that many of the questions are being repeated. I asked for explanations of some of the numbers and questions may be repeated from previously. 1. I’m still trying to understand the return-on-investment number, 256% that Machell Phelps presented at the August 4, 2021 Town Board Meeting. This number has been provided at the County Legislature Meeting for COVID funds, and recently on the Cortland Voice. Revenue from Gutchess Lumber Sports Complex has been stated as $2.7 million. There is a formula that is from the State that you use, and that the Town provided the numbers. Can you share the formula, and what the numbers were provided? 2. How does the Town plan to pay for all terms... Items required on the PBR per the contract to ball fields, parking, food, beverage and other merchandise facilities, restrooms, a programmable irrigation system, etc. At the last Budget Workshop, it was stated that there were no costs in the budget nor estimates. 3. The budget shows a revenue A2001 Park and Recreation charges at $191,496, assuming that this includes six months of monthly lease fees per Exhibit D and $18,166.67, or $109,000. How do you make up for the shortfall in the event that the outside completion date of May 31, 2021 is not met? Field rentals, at $150 per game may not meet this amount. Thank you. No further comments or discussions were heard. The Public Hearing was closed at 5:10 p.m. NOVEMBER 3, 2021 5:10 P.M. TOWN BOARD MEETING The Regular Meeting of the Town Board of the Town of Cortlandville was held via Zoom video and telephone conference as permitted by the Executive Order of the State of 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; Supervisor’s Secretary, Patty O’Mara; Assistant to the Supervisor’s Secretary, Amanda Rainbow; Town Bookkeeper, Megan Johnson; Highway Sup’t. Larry Drach; Richard Tupper, Financial Advisor for the Town; Megan Williams; Adam Fishel; Justin Marchuska: Town Residents: Jean Williams; Robert Martin; Andrea and Chad Niggli; Greg Leach; Dawn Brown; and News Reporter: Eddie Velasquez from the Cortland Voice. Supervisor Williams called the Regular Meeting to order. Councilman Withey made a motion, seconded by Councilman Testa, to approve the Draft Town Board Minutes of October 6, 2021 and October 20, 2021, and the Draft Special Town Board Minutes of October 13, 2021. All voting aye, the motion was carried. Councilman Withey made a motion, seconded by Councilman Testa, to receive and file the Cortlandville Planning Board Minutes of September 27, 2021 and the Cortlandville Zoning Board of Appeals Minutes of October 26, 2021. All voting aye, the motion was carried. RESOLUTION #300 AUTHORIZE PAYMENT OF VOUCHERS – NOVEMBER 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 #1383-1450 HG, SF, SS, SW General Fund A $ 97,621.32 General Fund B $ 839.84 Highway Fund DA $ 0.00 Highway Fund DB $ 11,196.34 Gutchess Lumber SC Project HG $ 4,500.00 C’Ville Fire District SF $ 0.00 Sewer Fund SS $ 25,954.66 Water Fund SW $ 13,698.62 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 #34-35 Trust & Agency TA $ 6,441.80 Expendable Trust TE $ 0.00 Under privilege of the floor, Supervisor Williams asked the Town Clerk to read the prepared statement from Town Resident, Gerry Ruggiero into the record, which she did as follows: Town Clerk Rocco-Petrella for Town Resident, Gerry Ruggiero: Cortlandville Town Board. Statement from Gerry Ruggiero. November 3, 2021. Congratulations to the candidates who won their respective positions last night. It has been said that the most important office, and the one all of us can and should fill, is that of private citizen. Our republic thrives when we have private citizens run for office, giving the voters a choice in the direction they want their government to NOVEMBER 3, 2021 TOWN BOARD MEETING PAGE 2 move forward in. There are no losers. It is now time to heal. There was resounding bipartisan support for the Gutchess Lumber Sports Complex, the key issue of the campaigns. The taxpayers replace the annual $175,000 obligation with positive cash flows, a $3.7 million swing over 20 years. It is incumbent for the elected officials to carefully spend taxpayer dollars to meet the needs of all. Water and sewer line expansion improved broadband access and business retention and growth are key issues this town faces. The management of this town is given to these elected officials. I hope transparency continues under the newly elected board. Signed by Gerry Ruggiero. Councilman Cobb made a motion, seconded by Councilman Guido, to receive and file the following monthly reports: 1) Fire & Safety Inspector/Code Enforcement Officer – September 2021; 2) Code Enforcement Officer, Kevin McMahon – October 2021; and 3) Water & Sewer Department – October 2021. All voting aye, the motion was carried. Councilman Guido made a motion, seconded by Councilman Cobb, to receive and file correspondence from Charter Communications, dated October 22, 2021 and November 1, 2021, regarding programming services. All voting aye, the motion was carried. Under new business, Town Clerk Rocco-Petrella informed the Board she received payment for two grass and weed control charges that were on the agenda to be relevied for properties owned by Dr. J. Lee Ambrose. She asked the Board to strike the charges from the proposed resolution when they discussed agenda item I-7. Attorney DelVecchio reported: Attorney DelVecchio informed the Board, as he had in the past, that the BAN for the Gutchess Lumber Sports Complex was tax exempt. However, given the Town’s relationship with PBR, the tax exempt status must be changed to taxable. The current interest rate as a tax exempt BAN was 0.42% and would increase to 0.65% as a taxable BAN. Attorney DelVecchio explained that Supervisor Williams signed the appropriate paperwork and had the authority to do so pursuant to the original resolution. No action was necessary by the Board. Town Board reports: Councilman Withey congratulated Supervisor Williams and Councilman Guido on their re-elections. He expressed his sincere appreciation for being a member of the Board for the past four years. He stated, “After 41 years in the town, to be able to give back and represent the rest of the town constituents has been a real privilege and pleasure, and I will miss you all.” Councilman Guido made a motion, seconded by Councilman Withey, to receive and file questions and comments from Town Resident, Robert Martin (read into the record at the October 20, 2021 Town Board Meeting), regarding the 2022 Town Budget All voting aye, the motion was carried. There was discussion regarding the resignation for retirement from Valerie Hall, Clerk in the Assessor Office, to be effective November 10, 2021. Town Clerk Rocco-Petrella and Supervisor Williams explained that Mrs. Hall was a dedicated employee for the past 26 years. She started in 1995 as a Deputy Town Clerk and transitioned to the Assessor’s Clerk. Mrs. Hall was also the former Town Historian from 2001-2005. Members of the Board and the Town Clerk recognized and thanked her for her service. Mrs. Hall will be missed. RESOLUTION #301 ACCEPT RESIGNATION FOR RETIREMENT FROM VALERIE J. HALL AS CLERK FOR THE TOWN ASSESSOR EFFECTIVE NOVEMBER 10, 2021 Motion by Councilman Cobb Seconded by Councilman Testa VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0 ADOPTED NOVEMBER 3, 2021 TOWN BOARD MEETING PAGE 3 WHEREAS, after 26 years of dedicated service to the Town of Cortlandville as Deputy Town Clerk (1995-2006), Clerk for the Town Assessor (2001-2021), and Town Historian (2001-2005), Valerie J. Hall has submitted her letter of resignation for retirement, therefore BE IT RESOLVED, the Town Board does hereby accept, with regret, the letter of resignation from Valerie J. Hall as Clerk for the Assessor for the Town of Cortlandville, to be effective November 10, 2021, and it is further RESOLVED, the letter of resignation dated October 21, 2021 is hereby received and filed. RESOLUTION #302 AUTHORIZATION TO RELEVY OUTSTANDING GRASS AND WEED CONTROL CHARGES ONTO THE 2022 TAX ROLL OF THE TOWN OF CORTLANDVILLE Motion by Councilman Testa Seconded by Councilman Cobb VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0 ADOPTED WHEREAS, pursuant to Chapter 98 of the Code of the Town of Cortlandville the Highway Superintendent of the Town is authorized by Section 98-4 to enforce grass and weed control, therefore BE IT RESOLVED, the Town Board does hereby authorize the following outstanding grass and weed control charges for the year 2021, as submitted by the Town Highway Superintendent and Code Enforcement Office, be relevied onto the 2022 tax roll of the Town of Cortlandville: ARCTDNY001, LLC 95.16-01-18.000 3548 Route 281 $259.85 Razy, Janet 95.18-01-27.000 3394 Gunzen Drive $259.85 Susman, Melinda 106.05-01-24.000 3266 Walden Oaks Blvd. $128.00 Total: $647.70 Councilman Guido made a motion, seconded by Councilman Withey, to receive and file correspondence from Cortlandville Town Clerk, Kristin Rocco-Petrella, dated October 22, 2021, regarding the 2022 Water and Sewer Benefit Tax calculations. All voting aye, the motion was carried. RESOLUTION #303 AUTHORIZE SUPERVISOR TO EXECUTE DISCHARGE OF MORTGAGE BETWEEN THE TOWN AND MACHELLE TOWSLEY REGARDING THE 2016 NYS COMMUNITY DEVELOPMENT BLOCK GRANT TOWN-WIDE HOUSING REHABILITATION PROGRAM Motion by Councilman Testa Seconded by Councilman Cobb VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0 ADOPTED BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to execute the discharge of mortgage between the Town and Machelle Towsley, 1368 East River Road, Cortland, New York, regarding the 2016 NYS Community Development Block Grant (CDBG) Town-wide Housing Rehabilitation Program, in the amount of $25,305.00. RESOLUTION #304 AUTHORIZE SUPERVISOR TO EXECUTE DISCHARGE OF MORTGAGE BETWEEN THE TOWN AND MACHELLE TOWSLEY REGARDING THE 2016 NYS COMMUNITY DEVELOPMENT BLOCK GRANT TOWN-WIDE HOUSING REHABILITATION PROGRAM Motion by Councilman Testa Seconded by Councilman Cobb VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0 ADOPTED NOVEMBER 3, 2021 TOWN BOARD MEETING PAGE 4 BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to execute the discharge of mortgage between the Town and Machelle Towsley, 1368 East River Road, Cortland, New York, regarding the 2016 NYS Community Development Block Grant (CDBG) Town-wide Housing Rehabilitation Program, in the amount of $1,035.00. Councilman Withey made a motion, seconded by Councilman Cobb, to receive and file the 2021 MWBE Report for the Town of Cortlandville for the 2018 Royal Nissan of Cortland, Inc. CDBG 287SB902-18, Town-wide Housing Rehabilitation Grant CDBG 287HR323-19, & Seven Valley Specialty Cables, LLC CDBG 287ED967-21. All voting aye, the motion was carried. Councilman Guido made a motion, seconded by Councilman Testa, to receive and file Cortland County Planning Board Resolution #21-38 dated October 20, 2021, and the Cortland County Planning Department Review and Recommendations, dated October 15, 2021, regarding the Aquifer Protection Permit application submitted by Ramco Development & Holdings, LLC, to demolish an existing building and site features to allow the construction of a +/-21,200 SF (plus +/-8500 SF future addition) Cayuga Medical Associates medical facility, for property located at 1113 State Route 13, tax map #96.05-01-19.000. All voting aye, the motion was carried. RESOLUTION #305 SCHEDULE PUBLIC HEARING FOR AQUIFER PROTECTION PERMIT APPLICATION SUBMITTED BY RAMCO DEVELOPMENT & HOLDINGS, LCC FOR PROPERTY LOCATED AT 1113 ROUTE 13 Motion by Councilman Guido Seconded by Councilman Testa VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0 ADOPTED BE IT RESOLVED, a Public Hearing shall be scheduled for November 17, 2021 at 5:00 p.m. via Zoom video and telephone conference, for an Aquifer Protection Permit application submitted by Ramco Development & Holdings, LLC, to demolish an existing building and site features to allow the construction of a +/-21,200 SF (plus +/-8500 SF future addition) Cayuga Medical Associates medical facility, for property owned by First National Bank of Dryden, located at 1113 State Route 13, tax map #96.05-01-19.000. RESOLUTION #306 DECLARE AN 84” X 50’ PIPE AS SURPLUS SUPPLY AND AUTHORIZE HIGHWAY SUP’T. TO SELL OR AUCTION THE SUPPLY Motion by Councilman Cobb Seconded by Councilman Guido VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0 ADOPTED BE IT RESOLVED, the Town Board does hereby declare an 84” x 50’ pipe as surplus highway supply, and it is further RESOLVED, the Town Board does hereby authorize and direct the Highway Sup’t. to sell or auction the surplus supply for no less than $15,000.00. RESOLUTION #307 AUTHORIZE HIGHWAY SUP’T. TO DISPOSE OF A 20-YEAR- OLD SNOWPLOW AND WING AND TO REMOVE THE EQUIPMENT FROM HIS INVENTORY Motion by Councilman Cobb Seconded by Councilman Guido VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0 ADOPTED NOVEMBER 3, 2021 TOWN BOARD MEETING PAGE 5 BE IT RESOLVED, the Town Board does hereby authorize and direct the Highway Sup’t. to dispose of a 20-year-old snowplow and wing that is in unusable condition, and to remove the equipment from his inventory. RESOLUTION #308 ACKNOWLEDGE NOTIFICATION FROM THE STATE FOR FILING OF LOCAL LAW NO. 2 OF 2021 Motion by Councilman Guido Seconded by Councilman Testa VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0 ADOPTED BE IT RESOLVED, the New York State Department of State acknowledged receipt of Local Law No. 2 of 2021, “A Local Law to Opt Out of Allowing Cannabis Retail Dispensaries and On-Site Consumption Sites as Authorized Under Cannabis Law Article 4”, to be effective October 19, 2021. RESOLUTION #309 AUTHORIZE HIGHWAY SUP’T. TO HIRE ANTHONY BREVETTI AS A LABORER FOR THE TOWN HIGHWAY DEPARTMENT Motion by Councilman Testa Seconded by Councilman Cobb VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0 ADOPTED BE IT RESOLVED, the Town Board does hereby authorize the Highway Sup’t to hire Anthony Brevetti of 1195 Long Road, Homer, NY 13077 as a Laborer for the Town Highway Department effective November 8, 2021, and it is further RESOVLED, the Town Board hereby authorizes a wage of $20.70 per hour. No further comments or discussion were heard. Councilman Testa made a motion, seconded by Councilman Withey to recess the Regular Meeting to an Executive Session to discuss threatened litigation. All voting aye, the motion was carried. The meeting was recessed at 5:34 p.m. Councilman Withey made a motion, seconded by Councilman Cobb, to adjourn the Executive Session and reconvene the Regular Meeting. All voting aye the motion was carried. The Executive Session was adjourned at 5:42 p.m. Members of the public were invited to return to the meeting at this time. Supervisor Williams explained to the public that no further action was necessary and that discussion during Executive Session pertained to information provided by the Town Attorney. Supervisor Williams recessed the meeting to Wednesday, November 10, 2021 at 4:00 p.m. to allow the Board time to review any comments made by the public relating to the budget. The purpose of the next meeting would be for Board discussion only. The meeting was recessed at 5:45 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 November 8, 2021. The final version of this meeting was approved as written at the Town Board meeting of November 17, 2021.