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HomeMy WebLinkAbout2021-12-15 Town Board Minutes DECEMBER 15, 2021 5:00 P.M. PUBLIC HEARING NO. 1 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 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 a 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.” Members present: Supervisor, Thomas A. Williams Councilman, Jay E. Cobb Councilman, Jeffrey D. Guido Councilman, Theodore V. Testa Town Clerk, Kristin E. Rocco-Petrella Absent: Councilman, Douglas E. Withey 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; Highway Sup’t. Larry Drach; Attorney Amelia McLean-Robertson from Bond Schoeneck & King; Town Resident: Greg Leach; and News Reporter: Kevin Smith 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. No requests were made. Supervisor Williams mentioned that comments were submitted today by Kevin Bernstein of Bond Schoeneck & King on behalf of RT 13 Rocks, LLC and Cortlandville Sand & Gravel. He suggested the Board review the comments. No further comments or discussions were heard. The Public Hearing was closed at 5:05 p.m. DECEMBER 15, 2021 5:05 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 Town Clerk, Kristin E. Rocco-Petrella Absent: Councilman, Douglas E. Withey 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; Highway Sup’t. Larry Drach; Attorney Amelia McLean-Robertson from Bond Schoeneck & King; Town Resident: Greg Leach; and News Reporter: Kevin Smith from the Cortland Voice. Supervisor Williams called the Regular Meeting. Except for Councilman Withey, all other Board members were in attendance. Councilman Cobb made a motion, seconded by Councilman Testa, to approve the Draft Town Board Minutes of December 1, 2021. All voting aye, the motion was carried. RESOLUTION #337 AUTHORIZE SUPERVISOR TO SIGN PURCHASE ORDER #0186 TO DELL TECHNOLOGIES TO PURCHASE A NEW COMPUTER FOR THE CODE ENFORCEMENT OFFICE Motion by Councilman Testa Seconded by Councilman Cobb VOTES: AYE – Williams, Cobb, Guido, Testa NAY – 0 ABSENT – Withey ADOPTED BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to sign Purchase Order #0186 to be paid to DELL Technologies (State Contract #C000000886542), for the purchase of a new computer, OptiPlex 7090 Small Form Factor, Intel Core i7-10700/Windows 10, including two Dell 22 Monitors P2222H and two HDMI cables, for the Code Enforcement Office, for the total cost of $834.72. RESOLUTION #338 AUTHORIZE PAYMENT OF VOUCHERS – DECEMBER Motion by Councilman Guido Seconded by Councilman Testa VOTES: AYE – Williams, Cobb, Guido, Testa NAY – 0 ABSENT – Withey ADOPTED BE IT RESOLVED, the vouchers submitted have been audited and shall be paid as follows: Funds A, B, DA, DB, Voucher #1597-1691 HG, SF, SS, SW General Fund A $ 70,103.94 General Fund B $ 7,502.13 Highway Fund DA $ 0.00 Highway Fund DB $ 79,423.84 Gutchess Lumber SC Project HG $ 0.00 C’Ville Fire District SF $ 0.00 Sewer Fund SS $ 1,498.41 Water Fund SW $ 10,267.05 Funds CD1, CD3, CD4 Voucher #(None) BMills Rehab CD1 $ 0.00 Town Wide Rehab CD3 $ 0.00 Business Devl CD4 $ 0.00 DECEMBER 15, 2021 TOWN BOARD MEETING PAGE 2 Funds TA, TE Voucher #38-39 Trust & Agency TA $ 609.22 Expendable Trust TE $ 0.00 Supervisor Williams mentioned that there were no requests for privilege of the floor. Councilman Guido made a motion, seconded by Councilman Cobb, to receive and file the following monthly reports: 1) Code Enforcement Officer, Kevin McMahon – November 2021; 2) Town Justice LeFevre and Town Justice Mathey – November 2021; 3) Water/Sewer Department – November 2021; 4) Town Clerk – November 2021; 5) Cortland Community SPCA – November 2021; 6) Fire & Safety Inspector/Code Enforcement Officer – November 2021. All voting aye, the motion was carried. Under old business there was discussion regarding 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.” Attorney DelVecchio suggested the Board table action on the proposed local law until January 5, 2022 to allow the Town and County Planning Boards time to conduct their next meetings and to provide their comments and recommendations to the Board. RESOLUTION #339 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” UNTIL JANUARY 5, 2022 Motion by Councilman Cobb Seconded by Councilman Testa VOTES: AYE – Williams, Cobb, Guido, Testa NAY – 0 ABSENT – Withey 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” until the January 5, 2022 Town Board Meeting to allow time for the Town and County Planning Boards/Department to complete their review of the proposed local law. Under new business, Town Clerk Rocco-Petrella noted that Councilman Withey was not able to attend the meeting this evening. However, it was the Board’s intention to present him with a service award to honor him for his service as a Town Councilman from 2018-2021. Town Clerk Rocco-Petrella read his plaque aloud, which read, “Douglas E. Withey – Town Councilman 2018- 2021 – In appreciation and recognition of your hard work, devotion and commitment to the Town of Cortlandville. Thank you for your service!” At this time, Supervisor Williams asked for a motion to formally acknowledge and thank Councilman Withey for his service. RESOLUTION #340 ACKNOWLEDGE DOUGLAS E. WITHEY FOR HIS SERVICE TO THE TOWN OF CORTLANDVILLE AS TOWN COUNCILMAN FROM 2018-2021 Motion by Councilman Guido Seconded by Councilman Testa VOTES: AYE – Williams, Cobb, Guido, Testa NAY – 0 ABSENT – Withey ADOPTED DECEMBER 15, 2021 TOWN BOARD MEETING PAGE 3 BE IT RESOLVED, the Town Board does hereby acknowledge and thank Douglas E. Withey for his hard work, devotion, and commitment to the Town of Cortlandville as Town Councilman from 2018-2021. RESOLUTION #341 ACKNOWLEDGE HONORABLE LENORE M. LEFEVRE FOR HER SERVICE TO THE TOWN OF CORTLANDVILLE AS TOWN JUSTICE FROM 2018-2021 Motion by Councilman Cobb Seconded by Councilman Testa VOTES: AYE – Williams, Cobb, Guido, Testa NAY – 0 ABSENT – Withey ADOPTED BE IT RESOLVED, the Town Board does hereby acknowledge and thank Honorable Lenore M. LeFevre for her hard work, devotion, and commitment to the Town of Cortlandville as Town Justice from 2018-2021. Town Clerk Rocco-Petrella mentioned that her office was working to complete the 4th quarter Water/Sewer billing and was preparing for the 2022 Town/County tax bills. Both bills would be mailed by December 31st. She also noted that the Winter 2021 Town Newsletter was available on the Town’s website. Hard copies were also available to the public in her office or by request. Attorney DelVecchio reported: Siemens Smart Infrastructure – LED Streetlight Project: Attorney DelVecchio informed the Board that as of December 14, 2021, the Town of Cortlandville owns the streetlight fixtures throughout the Town. A final meeting would take place between himself and representatives from National Grid to exchange final documents later this week. A representative from Siemens Smart Infrastructure was designated as the point of contact to oversee the entire project. Highway Sup’t. Drach would also be heavily involved. Attorney DelVecchio stated he would contact Siemens to schedule a meeting between Siemens, Supervisor Williams, Highway Sup’t. Drach and himself. He suggested another person in the Town be included to keep an eye on the project. The streetlights in the vicinity of Town Hall would be the first to be updated with the LED fixtures. The project was expected to be completed in six months. Supervisor Williams added that from this point forward, the Town would be responsible for the repair of any disabled lights rather than National Grid. At the suggestion of Highway Sup’t. Drach, the Town was looking into the possibility of purchasing a bucket truck to be used for the streetlight repairs. A bucket truck could be utilized for many other purposes such as trimming trees along Town roads. More discussion would be had a later date. Town Board reports: Councilman Cobb commented that the flood control work was completed in the Village of McGraw last week. He thanked the Town Highway Department for their assistance in the project. Supervisor Williams also recognized Highway Sup’t. Drach and the Highway Department staff for their work, stating that they have been responsive to complaints, have provided accurate information, and have resolved problems regarding the recent flooding. Supervisor Williams reported: Executive Session: Supervisor Williams asked the Board to convene to an Executive Session at the end of the meeting to discuss personnel matters. DECEMBER 15, 2021 TOWN BOARD MEETING PAGE 4 COVID-19 – State of New York Mandate: Supervisor Williams commented on the recent mandate issued by the Governor of the State of New York, which went into effect on December 13, 2021 through January 15, 2022, after which the State will re-evaluate based on current conditions. Masks will be required to be worn in all indoor public places unless businesses or venues implement a vaccine requirement. The requirements extend to both patrons and staff. Supervisor Williams explained that the Town does not require proof of vaccination to enter Town buildings, but masks continue to be required to be worn inside the Town Hall and other Town buildings. He stated that the Town fully intends to comply with the mandate and asked for a resolution indicating such. RESOLUTION #342 DECLARE THAT THE TOWN OF CORTLANDVILLE WILL ABIDE BY NEW YORK STATE’S MANDATE REQUIRING MASKS TO BE WORN BY THE PUBLIC AND STAFF INSIDE TOWN BUILDINGS Motion by Councilman Cobb Seconded by Councilman Testa VOTES: AYE – Williams, Cobb, Guido, Testa NAY – 0 ABSENT – Withey ADOPTED BE IT RESOLVED, the Town Board does hereby declare that the Town of Cortlandville will abide by New York State’s mandate requiring masks to be worn by the public and staff inside Town buildings, until such time as the mandate is lifted by the State or the Town Board. Comprehensive Plan Implementation Committee: Supervisor Williams recalled that the Board adopted a new Comprehensive Plan for the Town of Cortlandville at the December 1, 2021 meeting. He suggested that a Comprehensive Plan Implementation Committee be formed to accomplish the goals of the Plan. He apprised the Board he asked Councilman Cobb to chair the committee, and PZO Weber to be a committee member. Three additional members were needed for the committee. Supervisor Williams suggested the Board leave the decision up to Councilman Cobb to which they agreed. RESOLUTION #343 CREATE COMPREHENSIVE PLAN IMPLEMENTATION COMMITTEE FOR THE TOWN OF CORTLANDVILLE Motion by Councilman Guido Seconded by Councilman Testa VOTES: AYE – Williams, Cobb, Guido, Testa NAY – 0 ABSENT – Withey ADOPTED BE IT RESOLVED, the Town Board does hereby create the “Comprehensive Plan Implementation Committee” for the Town of Cortlandville to accomplish the goals of the Comprehensive Plan adopted December 1, 2021, and it is further RESOLVED, the Committee shall be comprised of five members including Councilman Cobb, who shall serve as Chair, and Planning & Zoning Officer Bruce Weber, with three additional members to be named at a later date by Councilman Cobb. Cortland Estates Mobile Home Park – Permit Renewal: Supervisor Williams apprised the Board he received communication from CEO Campbell that there were several outstanding violations at the Cortland Estates Mobile Home Park, located on Route 13. The Town Clerk is in possession of the completed renewal application and fee; however, Supervisor Williams suggested the Board not authorize the renewal until the violations are resolved. DECEMBER 15, 2021 TOWN BOARD MEETING PAGE 5 Phase 2 Gutchess Lumber Sports Complex – EPF Grant Award: Supervisor Williams was happy to announce that the Town was awarded the 2021 Environmental Protection Fund: Parks Preservation and Heritage Grant in the amount of $500,000 for Phase 2 development of the Gutchess Lumber Sports Complex (GLSC), through the New York State Office of Parks, Recreation and Historic Preservation. With the award of the EPF grant and the $500,000 award from Cortland County, the Town had a good amount of money to put towards the new development. RESOLUTION #344 ESTABLISH SCHEDULE OF TOWN BOARD MEETINGS FOR THE YEAR 2022 Motion by Councilman Guido Seconded by Councilman Testa VOTES: AYE – Williams, Cobb, Guido, Testa NAY – 0 ABSENT – Withey ADOPTED BE IT RESOLVED, the regular meetings of the Town Board of the Town of Cortlandville shall be held at the Municipal Garage, 3587 Terrace Road, Cortland, New York on the first and third Wednesday of each month at 5:00 pm, except for the month of December in which a meeting will also be held the last Wednesday of the month at 5:00 pm, and if such day should fall on a holiday, the meeting shall be held the next business day, and it is further RESOLVED, due to the COVID-19 pandemic, if a regular meeting(s) of the Town Board cannot be conducted in person, the meeting(s) will be held electronically via Zoom conference call/video conference and the electronic meeting registration link will be posted to the Town’s website (cortlandville.org) and available at the Office of the Town Clerk, and it is further RESOLVED, the Town Clerk shall have the meeting schedule posted in the newspaper in Legal Notice form. RESOLUTION #345 APPROVE HOLIDAY SCHEDULE 2022 Motion by Councilman Cobb Seconded by Councilman Testa VOTES: AYE – Williams, Cobb, Guido, Testa NAY – 0 ABSENT – Withey ADOPTED BE IT RESOLVED, the following Holiday Schedule for the year 2022 is hereby approved as follows: Martin Luther King Jr. Day Monday January 17, 2022 President’s Day Monday February 21, 2022 Memorial Day Monday May 30, 2022 Juneteenth Monday* June 20, 2022 Independence Day Monday July 04, 2022 Labor Day Monday September 05, 2022 Columbus Day Monday October 10, 2022 Election Day Tuesday November 01, 2022 Veterans Day Friday November 11, 2022 Wednesday* November 23, 2022 (close at 12:00 pm) Thanksgiving Day Thursday November 24, 2022 Friday* November 25, 2022 Friday* December 23, 2022 (close at 12:00 pm) Christmas Day (observed) Monday* December 26, 2022 *Holiday Observation DECEMBER 15, 2021 TOWN BOARD MEETING PAGE 6 RESOLUTION #346 AUTHORIZE TOWN BOARD TO SIGN THE COMMERCIAL CRIME COVERAGE POLICY FOR THE TOWN OF CORTLANDVILLE FOR THE YEAR 2022 Motion by Councilman Testa Seconded by Councilman Cobb VOTES: AYE – Williams, Cobb, Guido, Testa NAY – 0 ABSENT – Withey ADOPTED BE IT RESOLVED, the Town Board is hereby authorized and directed to sign the Commercial Crime Coverage Policy for the Town of Cortlandville for the year 2022, agreeing to the coverage for the elected, appointed officials and all other Town employees. There was discussion about agenda item I-8, to review, discuss, and revise if needed the “Summary Plan Description” regarding the Town’s Health Insurance Policy for employees, elected officials, the Town Attorney, and retirees for the year 2022. Supervisor Williams noted that the one change was to include the Town Attorney as being eligible for Town insurance, which has been talked about for years, and “is a feature that is deserving of the work that’s been done by the Town Attorney, past and present.” He added that the compensation rate for the service the Town receives from the Town Attorney is low. He suggested that providing the benefit was one way to recognize the Town Attorney, to which the Board agreed. Attorney DelVecchio thanked the Board and stated that it has been his pleasure to serve the Town and will continue to do so I the next Town Board reappoints him. RESOLUTION #347 ACCEPT THE TOWN OF CORTLANDVILLE - SUMMARY PLAN DESCRIPTION AS A POLICY FOR MEDICAL, DENTAL AND VISION INSURANCE FOR EMPLOYEES AND ELECTED OFFICIALS, THE TOWN ATTORNEY, RETIRED ELECTED OFFICIALS, RETIRED EMPLOYEES, RETIRED TOWN ATTORNEY AND UPON DEATH OF ACTIVE EMPLOYEE/ TOWN ATTORNEY/ELECTED OFFICIAL Motion by Councilman Guido Seconded by Councilman Testa VOTES: AYE – Williams, Cobb, Guido, Testa NAY – 0 ABSENT – Withey ADOPTED BE IT RESOLVED, the Town Board does hereby accept the revised Town of Cortlandville “Summary Plan Description” as Policy for Medical, Dental and Vision Insurance for Employees , Town Attorney, Elected Officials, Retired Employees, Retired Town Attorney, Retired Elected Officials, and Upon Death of an Active Employee/Town Attorney/Elected Official (effective January 1, 2014, Revised April 5, 2017, Revised December 21, 2021). RESOLUTION #348 APPOINT DELEGATE AND ALTERNATE TO VOTE AT THE ASSOCIATION OF TOWNS ANNUAL MEETING Motion by Councilman Guido Seconded by Councilman Testa VOTES: AYE – Williams, Cobb, Guido, Testa NAY – 0 ABSENT – Withey ADOPTED BE IT RESOLVED, Supervisor Thomas A. Williams is hereby appointed as Delegate, and Deputy Supervisor Jay E. Cobb, is hereby appointed as Alternate, to represent the Town of Cortlandville at the Annual Association of Towns Training School and Meetings to be held New York City on February 20-23, 2022. DECEMBER 15, 2021 TOWN BOARD MEETING PAGE 7 Councilman Cobb made a motion, seconded by Councilman Guido, to receive and file the New York State Department of Environmental Conservation Notice of Complete Application for property located at 2261 Ridge Road owned by Julia Zogg, dated December 6, 2021, regarding the flooding of Trout Brook at the Zogg property in which the DEC proposes to re-establish the channel of a section of Trout Brook. All voting aye, the motion was carried. Councilman Cobb made a motion, seconded by Councilman Testa, to receive and file the Central New York Regional Planning and Development Board (CNY RPDB) Broadband Infrastructure Review and Maps, received December 7, 2021, regarding the broadband infrastructure with the Town and County. All voting aye, the motion was carried. On behalf of the Town of Cortlandville, Supervisor Williams thanked the members of the Comprehensive Plan Committee for their hard work and dedication to complete the newly adopted Comprehensive Plan. Supervisor Williams explained that he wrote each committee member a letter of thanks and asked that his correspondence to them be received and filed. Councilman Cobb made a motion, seconded by Councilman Testa, to receive and file the correspondences from Supervisor Williams to each member of the Comprehensive Plan Committee: Nasrin Parvizi, Chair; David Yaman; Forrest Earl; Pamela Jenkins; and Ann Hotchkin. All voting aye, the motion was carried. RESOLUTION #349 AUTHORIZE SUPERVISOR TO SIGN AGREEMENT WITH SPRAGUE OPERATING RESOURCES LLC TO SUPPLY NATURAL GAS TO THE TOWN OF CORTLANDVILLE Motion by Councilman Testa Seconded by Councilman Cobb VOTES: AYE – Williams, Cobb, Guido, Testa NAY – 0 ABSENT – Withey ADOPTED BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to sign the 3-year Natural Gas Retail Sales Agreement between Sprague Operating Resources LLC and the Town of Cortlandville regarding the purchase and sale of natural gas to the Town of Cortlandville at the contract price of $0.4950 per Therm, and it is further RESOLVED, the agreement shall be effective April 1, 2022 until March 31, 2025. RESOLUTION #350 AUTHORIZE SUPERVISOR TO SIGN AGREEMENT WITH ENGIE RESOURCES LLC TO SUPPLY ELECTRICITY TO THE TOWN OF CORTLANDVILLE Motion by Councilman Testa Seconded by Councilman Cobb VOTES: AYE – Williams, Cobb, Guido, Testa NAY – 0 ABSENT – Withey ADOPTED BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to sign the 3-year Master Electric Energy Sales Agreement between ENGIE Resources, LLC and the Town of Cortlandville regarding the purchase and sale of electric energy and related services to the Town of Cortlandville at the contract price of $0.05468/KWh, and it is further RESOLVED, the agreement shall be effective April 1, 2022 until March 31, 2025. Councilman Testa made a motion, seconded by Guido, to receive and file the “Standardized Notice Form for Providing 30-day Advance Notice to a Local Municipality or Community Board” for a new liquor license application with the New York State Liquor Authority from Brand Y Distillery LLC, dated December 8, 2021, for property located at 3915 Route 281 in the Town of Cortlandville. All voting aye, the motion was carried. DECEMBER 15, 2021 TOWN BOARD MEETING PAGE 8 RESOLUTION #351 AUTHORIZE SUPERVISOR TO TRANSFER FUNDS FROM FUND BALANCES INTO ESTABLISHED RESERVE ACCOUNTS PER THE 2021 BUDGET Motion by Councilman Guido Seconded by Councilman Testa VOTES: AYE – Williams, Cobb, Guido, Testa NAY – 0 ABSENT – Withey ADOPTED BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to transfer the following funds from fund balances into the following reserve accounts per the 2021 Budget: - $50,000.00 from DB fund balance into Highway Equipment Capital Reserve Fund DB 231 - $15,000.00 from Water fund balance into Water Improvement Capital Reserve Fund SW 231 - $25,800.00 from Sewer fund balance into Sewer Improvement Capital Reserve Fund SS 231 No further comments or discussion were heard. Councilman Testa made a motion, seconded by Councilman Guido to recess the Regular Meeting to an Executive Session to discuss personnel. All voting aye, the motion was carried. The meeting was recessed at 5:38 p.m. Councilman Cobb made a motion, seconded by Councilman Guido, to adjourn the Executive Session and reconvene the Regular Meeting. All voting aye the motion was carried. The Executive Session was adjourned at 6:05 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. Supervisor Williams recessed the meeting until December 29, 2021 at 5:00 p.m., at which time the Board would reconvene for the purpose of paying year end bills and budget transfers. The meeting was recessed at 6:05 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 December 21, 2021. The final version of this meeting was approved as written at the Town Board meeting of January 5, 2022.