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HomeMy WebLinkAbout2022-05-04 Town Board Minutes MAY 4, 2022 5:00 P.M. TOWN BOARD MEETING The Regular Meeting of the Town Board of the Town of Cortlandville was held via Zoom video and telephone 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, David J. Donlick Councilman, Jeffrey D. Guido Councilman, Gregory K. Leach Town Clerk, Kristin E. Rocco-Petrella Others present were: Town Attorney, John DelVecchio; Highway Sup’t. Larry Drach; Deputy Town Clerk, Abigail Albro; Supervisor’s Secretary, Patty O’Mara; Assistant to the Supervisor’s Secretary, Amanda Rainbow; Town Residents: Margaret MacNeil; Dr. Katherine Fitzgerald. Supervisor Williams called the Regular Meeting to order. Councilman Leach made a motion, seconded by Councilman Cobb, to receive and file the Cortlandville Planning Board Minutes of March 29, 2022. All voting aye, the motion was carried. Councilman Leach made a motion, seconded by Councilman Cobb, to approve the Draft Town Board Minutes of April 6, 2022, and the Draft Town Board Minutes of April 20, 2022. All voting aye, the motion was carried. RESOLUTION #135 AUTHORIZE PAYMENT OF VOUCHERS – MAY Motion by Councilman Leach Seconded by Councilman Guido VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0 ADOPTED BE IT RESOLVED, the vouchers submitted have been audited and shall be paid as follows: Funds A, B, DA, DB, Voucher #521-571 HG, SF, SS, SW General Fund A $ 16,033.82 General Fund B $ 361.01 Highway Fund DA $ 0.00 Highway Fund DB $ 201,503.16 Gutchess Lumber SC Project HG $ 0.00 C’Ville Fire District SF $ 0.00 Sewer Fund SS $ 8,920.49 Water Fund SW $ 2,471.79 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 #13-14 Trust & Agency TA $ 7,856.84 Expendable Trust TE $ 0.00 Supervisor Williams offered privilege of the floor to Margaret MacNeil. Town resident, Margaret MacNeil, of Maplewood Lane, addressed the Board concerning the appearance of property located at 3994 Forest Drive. She stated that a number of residents in the neighborhood have called the Town to complain about the property, which she referred to as a “junkyard”. She explained that one neighbor, Ann Viau, recently had to sell her house. Those who attended the open house commented on the sight of the property next door. According to Ms. MacNeil, Ms. Viau took an offer far below her asking price, fearing she wouldn’t be able to sell the house at all. Ms. MacNeil explained that Ms. Viau planned to attend the meeting tonight, however she was not able to join via Zoom. Ms. MacNeil apprised the Board that the resident of the home of Forest Drive appears to be running several businesses out of the home as there are several large pieces of equipment and MAY 4, 2022 TOWN BOARD MEETING PAGE 2 trucks stored on site. She mentioned that a number of code violations have been issued to the property owner and asked the Board for an update on the status of the property and the violations. Ms. MacNeil stated that she and her neighbors are taxpayers and asked for “protection of the zoning for our neighborhoods”. Supervisor Williams thanked Ms. MacNeil for her comments and explained that privilege of the floor was typically for the public to express their views, rather than for the Board to respond. However, he stated that as the Supervisor he will look at the property and talk with the Town Attorney. Attorney DelVecchio added that there are “some practical and some legal hurdles”. It was his understanding that the owner of the property is ill and that the alleged business is being operated by the tenant, which can present a legal issue as far as any enforcement from the Town’s perspective. He stated that several attempts have been made to communicate with the owner. Attorney DelVecchio stated that he would make every attempt to resolve the matter. Supervisor Williams offered privilege of the floor to Dr. Katherine Fitzgerald. Town resident, Dr. Katherine Fitzgerald discussed her concerns regarding the hedgerow located across the street from her home on Katie Lane, which provides a buffer between the neighborhoods of Katie Lane and Westvale Drive. Prior to the meeting she provided photos to the Board depicting the view from her home and her concerns with regard to the cutting of trees in the hedgerow. She explained that the owner of property on the Westvale Drive side of the hedgerow cut down the hedgerow behind his home, which according to Dr. Fitzgerald is Town property. For the past three years she indicated that she has complained to the Town regarding the matter and has talked with Attorney DelVecchio, Code Enforcement Officer, Desiree Campbell, and Planning and Zoning Officer, Bruce Weber. She commented on the zoning violation process and voiced concerns about “selective governance”. Dr. Fitzgerald informed the Board that she conducted research on hedgerows. She contacted the Cortland County Soil & Water Conservation District (SWCD) and discussed matters such as the hedgerow being a bird sanctuary; erosion of the soil; snow plowing and ice. She also contacted the New York State Department of Environmental Conservation (NYSDEC) regarding the change in environment and the behavior of deer, explaining that deer are coming through the break in the hedgerow and are becoming a menace. Dr. Fitzgerald asked that the Town put a stop to the cutting of the trees in the hedgerow and asked that the property “be restored to its natural beauty”. She urged the Board to listen to her comments and to review the photos she provided. Supervisor Williams thanked Dr. Fitzgerald for her comments. He suggested that she meet with him and Highway Superintendent Drach at the property to discuss her concerns and to determine where the property line is. While Dr. Fitzgerald was convinced that the hedgerow was the Town’s, Supervisor Williams did not know exactly what the Town owns or where the property line is. After continued discussion, Dr. Fitzgerald agreed to meet with Supervisor Williams and Highway Superintendent Drach at a later date. Councilman Leach made a motion, seconded by Councilman Cobb, to receive and file the following monthly reports: 1. Fire & Safety Inspector/Code Enforcement Officer, Desiree Campbell – April 2022; 2. Town Supervisor – March 2022; 3. Town Clerk – April 2022; 4. Tax Collector – April 2022; and 5. Cortland County Treasurer – May 2022. All voting aye, the motion was carried. Councilman Cobb made a motion, seconded by Councilman Donlick, to receive and file correspondence from Charter Communications, dated May 1, 2022, regarding programming services. All voting aye, the motion was carried. Under old business there was discussion regarding the Solar Simplified Municipal Program; a community solar program affiliated with the solar project on East River Road. Attorney DelVecchio informed the Board he reviewed the information provided by the company, conducted his own research, and had a virtual meeting with representatives from the company. He explained that Solar Simplified was essentially hired by the East River Road solar facility to solicit customers. It was up to the Board as to whether or not they wanted to approve the program for the Town of Cortlandville, in which the Town would be endorsing the company as a valid company. Through the program, residents/utility customers would have the opportunity to enroll in the community solar program for a 10% savings on solar credits without having to install solar MAY 4, 2022 TOWN BOARD MEETING PAGE 3 panels on their property. Once a customer enrolls in the community solar program and pays their first bill, the Town would receive a $50 check (per enrolled account). Attorney DelVecchio explained that the Town’s only obligation was to allow Solar Simplified to include in their letters or advertisements that the Town of Cortlandville has endorsed the program. The contract could be cancelled or terminated at any time by either party. Attorney DelVecchio mentioned that a potential drawback of the program was the appearance that the Town is promoting or is in favor of solar facilities and solar energy. Discussion occurred amongst the Board. Councilman Cobb stated that the program benefits everyone in the Town. Councilman Leach asked for more information about the benefits/savings to those who sign up for the program, in order to answer potential questions from residents. Attorney DelVecchio explained that a homeowner or business could enroll in the program and if they do not see savings in their energy bill they can cancel at any time and go back to National Grid. By agreeing to the program, the Board would be endorsing that the Town of Cortlandville is in favor of the program and that it is a viable program. Supervisor Williams suggested that Solar Simplified was looking for the Town to endorse the program as a legitimate operation. Councilman Guido asked if the Board endorsed the company, would it “open up a can of worms”. Would other companies seek an endorsement from the Town? Would it be a conflict of interest if other solar companies asked for an endorsement and the Town has already endorsed one? Attorney DelVecchio did not believe a conflict of interest would exist as the Town is not assuring anybody of anything or making any promises; the Town was only saying that the community solar program was a legitimate program. Supervisor Williams asked for a vote on the endorsement of the program. RESOLUTION #136 APPROVE THE SOLAR SIMPLIFIED MUNICIPALITY PROGRAM FOR THE TOWN OF CORTLANDVILLE Motion by Councilman Cobb Seconded by Councilman Leach VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0 ADOPTED WHEREAS, the Town of Cortlandville received a request from Solar Simplified to endorse its Community Solar savings program in the Town of Cortlandville to allow homeowners, renters and businesses to benefit from locally generated solar power without installing solar panels, and WHEREAS, those who enroll in the Community Solar savings program will receive benefits from Solar Simplified such as a guaranteed 10% savings on all received solar credits, therefore BE IT RESOLVED, the Town Board does hereby approve the Solar Simplified Municipality Program for the Town of Cortlandville, and it is further RESOLVED, the Supervisor is hereby authorized to sign an agreement between the Town of Cortlandville and Solar Simplified. Under new business, Town Clerk Rocco-Petrella reported that the three local laws adopted by the Board on April 20, 2022, were mailed to the Secretary of State for filing. Town Hall of Fame Nominations were due by April 30th. The Committee will be meeting this month and would provide its recommendations to the Town Board by the end of the May. Town Clerk Rocco-Petrella acknowledged that last week was Administrative Professional’s Week. She thanked the Town of Cortlandville staff their hard work and dedication. She also mentioned that the staff received flowers and a thoughtful note from Planning Board Member, Nick Renzi, which she read into the record. To Kristin Rocco-Petrella Cortlandville Town Clerk, and Patty O’Mara, Assistant to the Cortlandville Town Supervisor and all the Staff Members at the Cortlandville Town Hall. April 27 has been designated as Administrative Professional’s Day and it is in that spirit that I extend my thanks and appreciation for all that you all do in making your serv ice to the community so “user friendly”. Often times we lose sight of the work that is done by the administrative staff in making sure that rules and laws are followed. We as Cortlandville residents only see the tip of the iceberg as we interface with the staff at the Town Hall but there is much more that goes on to ensure that you are following all of the state and local laws. MAY 4, 2022 TOWN BOARD MEETING PAGE 4 My personal thanks to all of you for what you do and for making your performance an example of professionalism. Nick Renzi Attorney DelVecchio had no new business to report. Town Board Member Reports: Councilman Guido apprised the Board he attended the recent CCTVS meeting at the County, in which a presentation was given on grant writing. He indicated that he would be pass the information on to the rest of the Board. Supervisor Williams reported: Upgrades to Server Infrastructure: Supervisor Williams apprised the Board that the upgrades to the Town’s server infrastructure was nearly complete. The project began three years ago after recognizing deficiencies in the system, which included the loss of data after one of the servers crashed. Supervisor Williams thanked all those involved in the project, including Town Clerk Rocco- Petrella, her staff, and Plan First Technologies. Incident at Town Hall – Failed Motor in HVAC System: Supervisor Williams informed the Board there was an incident at the Town Hall today, in which the Cortlandville Fire Department was called to investigate the smell of “smoke”. After looking at the HVAC equipment in the ceiling in the court area, it was determined that a motor died and burned, which caused the smoke and smell. Supervisor Williams thanked the firefighters who responded so quickly and those who recognized the problem. Grant Writing Services – Contract with Giurastante DPM, LLC: Supervisor Williams recalled discussion the Board had in the past regarding hiring a grant writing professional for the Town, in addition to the services provided by Thoma Development Consultants. He explained that he and Attorney DelVecchio met with and interviewed Mari Giurastante of Binghamton, New York several times regarding her professional grant writing services. Both were impressed with her credentials, which included being a graduate of Cornell University and a formerly employed by Johnson City in the grant writing department. Attorney DelVecchio stated he would undertake the monitoring of Ms. Giurastante’s services if approved by the Board. Her hourly fee of $55.00 would be billed monthly and could be terminated at any time by either party. In the event that a grant is awarded to the Town as a result of her services, she could also administer the grants. Supervisor Williams explained that Ms. Giurastante would look into grant opportunities such as for water/sewer infrastructure and for the Gutchess Lumber Sports Complex. RESOLUTION #137 AUTHORIZE SUPERVISOR TO ENGAGE THE SERVICES OF MARI GIURASTANTE OF GIURASTANTE DPM, LLC, TO PROVIDE PROFESSIONAL GRANT WRITING AND PROJECT MANAGEMENT SERVICES FOR THE TOWN OF CORTLANDVILLE Motion by Councilman Cobb Seconded by Councilman Donlick VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0 ADOPTED BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to engage the services of Mari Giurastante of Giurastante DPM, LLC, of 661 Chenango St., Binghamton, NY 13901, to provide professional grant writing and project management services for the Town of Cortlandville, not related to Community Development Block Grants, and it is further RESOLVED, the Town shall pay a fee to Giurastante DPM, LLC based on an hourly rate of $55.00 for such services, and it is further MAY 4, 2022 TOWN BOARD MEETING PAGE 5 RESOLVED, the Supervisor is hereby authorized to sign the agreement with Giurastante DPM, LLC subject to Town Attorney review and approval. Councilman Leach made a motion, seconded by Councilman Cobb, to receive and file correspondence from New York State Homes and Community Renewal, dated April 21, 2022, regarding the Remote Monitoring Visit scheduled for May 11, 2022 for the NYS CDBG Town- wide Housing Rehabilitation Program (CDBG #287HR323-19). All voting aye, the motion was carried. Councilman Leach made a motion, seconded by Councilman Cobb, to receive and file Cortland County Planning Board Resolution #22-14, dated April 20, 2022, regarding the Aquifer Protection Permit application submitted by Ray Energy Corp. to construct a propane and bio- propane storage and wholesale distribution site with rail siding, for property located at 3893 Route 11 in the Town of Cortlandville, tax map #87.00-04-10.000. All voting aye, the motion was carried. RESOLUTION #138 CONSENT TO THE TOWN PLANNING BOARD ACTING AS LEAD AGENCY FOR SEQRA PURPOSES CONCERNING THE APPLICATIONS SUBMITTED BY RAY ENERGY CORP. FOR PROPERTY LOCATED AT 3893 ROUTE 11 Motion by Councilman Guido Seconded by Councilman Cobb VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0 ADOPTED BE IT RESOLVED, the Town Board does hereby consent to the Town Planning Board acting as Lead Agency for SEQRA purposes concerning applications submitted by Ray Energy Corp. to construct a propane and bio-propane storage and wholesale distribution site with rail siding, for property owned by River Run Properties, located at 3893 Route 11 in the Town of Cortlandville, tax map #87.00-04-10.000. RESOLUTION #139 ACKNOWLEDGE SUBMISSION OF THE PROJECT & EXPENDITURE REPORT FROM 3/31/2021-3/31/2022 FOR THE AMERICAN RESCUE PLAN ACT (ARPA) CORONAVIRUS STATE & LOCAL FISCAL RECOVERY FUNDS (SLFRF) Motion by Councilman Guido Seconded by Councilman Leach VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0 ADOPTED BE IT RESOLVED, the Town Board does hereby acknowledge the submission of the Project & Expenditure Report from 3/31/2021-3/31/2022, by Town Bookkeeper, Megan Johnson, for the American Rescue Plan Act (ARPA) Coronavirus State & Local Fiscal Recovery Funds (SLFRF), in which the expenditure of $0.00 was reported. Councilman Leach made a motion, seconded by Councilman Donlick, to receive and file correspondence from the Cortland County Board of Elections, dated April 27, 2022, regarding the use of the Town’s Municipal Buildings for the Federal/State/Local Primary Election to be held June 28, 2022, and for the General Election to be held November 8, 2022. All voting aye, the motion was carried. Councilman Leach made a motion, seconded by Councilman Cobb, to receive and file correspondence from Sarah Skutt, Loan Specialist, United States Department of Agriculture (USDA) - Rural Development, dated April 29, 2022, acknowledging that after completing the review on April 21, 2022, the Town was found in compliance with civil rights requirements. All voting aye, the motion was carried. MAY 4, 2022 TOWN BOARD MEETING PAGE 6 RESOLUTION #140 AUTHORIZE EXTENSION OF DEADLINE FOR THE SUBMISSION OF APPLICATIONS FROM NOT-FOR-PROFIT ORGANIZATIONS FOR FUNDING THORUGH THE TOWN’S AWARDED AMERICAN RESCUE PLAN ACT (ARPA) CORONAVIRUS STATE & LOCAL FISCAL RECOVERY FUNDS (SLFRF) UNTIL MONDAY, MAY 16, 2022 Motion by Councilman Donlick Seconded by Councilman Leach VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0 ADOPTED BE IT RESOLVED, the Town Board does hereby authorize the extension of the deadline for the submission of applications from Not-For-Profit Organizations for funding through the Town’s awarded American Rescue Plan Act (ARPA) Coronavirus State & Local Fiscal Recovery Funds (SLFRF) until Monday, May 16, 2022 at 4:00 p.m. Supervisor Williams apprised the Board that nine applications were received to date from Not-For-Profit Organizations requesting funding (up to $5,000) from the Town’s awarded ARPA funds. Initially, the Town hoped to award ten, $5,000 grants. Councilman Guido made a motion, seconded by Councilman Leach, to receive and file correspondence from Napierala Consulting, dated April 19, 2022, including the revised plans for the proposed Aquifer Protection Permit application submitted by Ray Energy Corp. for the “Ray Energy Rail Terminal”, for property owned by River Run Properties, LLC located at 3893 Route 11, tax map #87.00-04-10.000. All voting aye, the motion was carried. RESOLUTION #141 AUTHORIZE SUPERVISOR TO SIGN THE AGREEMENT WITH INSERO & CO. CPAs, LLP TO CONDUCT AN AUDIT OF THE 2021 TOWN ACCOUNTING RECORDS Motion by Councilman Cobb Seconded by Councilman Leach VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0 ADOPTED BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to sign the agreement with Insero & Co. CPAs, LLP to conduct an audit of the 2021 Town accounting records, for an amount not to exceed $18,000.00. RESOLUTION #142 AMEND THE 2022 BUDGET AND AUTHORIZE SUPERVISOR TO TRANSFER FUNDS Motion by Councilman Guido Seconded by Councilman Donlick VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0 ADOPTED BE IT RESOLVED, the Supervisor is hereby authorized and directed to transfer funds to adjust the accounts of the 2022 Budget for the Town of Cortlandville to account for the 2021 budget encumbrance for the International Truck (Purchase Order #1428) for the Town Highway Department, as follows: FROM TO AMOUNT DB5130.4 DB5130.2 $ 40,499.00 MAY 4, 2022 TOWN BOARD MEETING PAGE 7 RESOLUTION #143 REAPPOINT JOHN B. FOLMER AS A MEMBER OF THE TOWN OF CORTLANDVILLE PARKS & RECREATION COMMISSION Motion by Councilman Cobb Seconded by Councilman Leach VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0 ADOPTED BE IT RESOLVED, the Town Board does hereby reappoint Town resident, John B. Folmer as a Member of the Town of Cortlandville Parks & Recreation Commission to serve a five-year term commencing January 1, 2022 until December 31, 2026. RESOLUTION #144 ACKNOWLEDGE TOWN CLERK AND DEPUTY TOWN CLERKS IN HONOR OF PROFESSIONAL MUNICIPAL CLERKS WEEK Motion by Councilman Leach Seconded by Councilman Cobb VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0 ADOPTED WHEREAS, the Annual Professional Municipal Clerks Week (May 2, 2022-May 8, 2022) was initiated in 1969 by the International Institute of Municipal Clerks and endorsed by all its members throughout the United States, Canada and 15 other countries, to celebrate and reflect on the importance of the Clerk’s office and the vital services provided by municipal clerks for local government and the community, therefore BE IT RESOLVED, in honor of Professional Municipal Clerks Week, the Town Board does hereby acknowledge Town Clerk, Kristin Rocco-Petrella and Deputy Town Clerks, Abigail Albro and Chavonne LaPlant for their work and service to the Town of Cortlandville and the community. RESOLUTION #145 ACKNOWLEDGE THAT THOMA DEVELOPMENT CONSULTANTS WILL PROVIDE GRANT ADMINISTRATOR SERVICES FOR THE PARKS, RECREATION AND HISTORIC PRESERVATION GRANT (#210954) AWARDED TO THE TOWN FOR PHASE 2 OF THE GUTCHESS LUMBER SPORTS COMPLEX Motion by Councilman Guido Seconded by Councilman Cobb VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0 ADOPTED BE IT RESOLVED, the Town Board does hereby acknowledge that Thoma Development Consultants will provide Grant Administrator services for the Parks, Recreation and Historic Preservation Grant (#210954) awarded to the Town of Cortlandville in the amount of $500,000 for Phase 2 of the Gutchess Lumber Sports Complex, and it is further RESOLVED, the Town shall pay fees in accordance with the Town’s agreement with Thoma Development Consultants. No further comments or discussion were heard. Supervisor Williams requested the Board convene to an Executive Session to discuss contracts and litigation. Councilman Leach made a motion, seconded by Councilman Cobb to recess the Regular Meeting to an Executive Session to discuss contracts and litigation. All voting aye, the motion was carried. The meeting was recessed at 6:02 p.m. MAY 4, 2022 TOWN BOARD MEETING PAGE 8 Councilman Guido made a motion, seconded by Councilman Leach, to adjourn the Executive Session and reconvene the Regular Meeting. All voting aye the motion was carried. The Executive Session was adjourned at 6:34 p.m. Members of the public were invited to return to the meeting at this time. RESOLUTION #146 AUTHORIZE SUPERVISOR TO ENGAGE THE SERVICES OF ATTORNEY THOMAS FUCILLO OF HANCOCK ESTABROOK, LLP TO PROVIDE LEGAL SERVICES AND TO REPRESENT THE TOWN IN LITIGATION BROUGHT AGAINST THE TOWN BY RT 13 ROCKS, LLC Motion by Councilman Cobb Seconded by Councilman Guido VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0 ADOPTED BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to engage the services of Attorney Thomas J. Fucillo of Hancock Estabrook, LLP to provide legal services and advice to the Town and represent it in litigation brought against the Town by RT 13 Rocks, LLC, and it is further RESOLVED, the Town shall pay fees for legal services as provided in the Engagement letter and Agreement. RESOLUTION #147 AUTHORIZE SUPERVISOR TO PROCEED WITH PLANS TO LET OUT TO BID FOR THE GUTCHESS LUMBER SPORTS COMPLEX – PHASE 2 Motion by Councilman Leach Seconded by Councilman Donlick VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0 ADOPTED BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to proceed with plans to let out to bid for the Gutchess Lumber Sports Complex – Phase 2, and it is further RESOLVED, the Town shall let out to bid as soon as the bid documents are prepared by CHA Companies. No further comments or discussion were heard. Councilman Leach made a motion, seconded by Councilman Donlick, to adjourn the Regular Meeting. All voting aye, the motion was carried. The meeting was adjourned at 6:36 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 May 31, 2022. The final version of this meeting was approved as written at the Town Board meeting of June 15, 2022.