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HomeMy WebLinkAbout2022-05-18 Town Board Minutes MAY 18, 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, 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; Cortland County Legislator, Chris Newell; Town Resident: Bernice Potter-Masler; News Reporters: Yuner Gao from the Cortland Standard; and Eddie Velasquez from the Cortland Voice. Supervisor Williams called the Regular Meeting to order and asked Deputy Supervisor Cobb to proceed with running through the agenda items. Councilman Leach made a motion, seconded by Councilman Donlick, to receive and file the Cortlandville Zoning Board of Appeals Minutes of April 19, 2022. All voting aye, the motion was carried. RESOLUTION #148 AUTHORIZE SUPERVISOR TO SIGN PURCHASE ORDER #0189 TO BYERS PRINTING COMPANY TO PURCHASE FILE FOLDERS FOR THE TOWN COURT Motion by Councilman Leach 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 sign Purchase Order #0189, as submitted by Town Justice Mathey, to be paid to Byers Printing Company for the purchase of file folders (1,500) for the Town Court, for the total cost of $2,214.00. RESOLUTION #149 AUTHORIZE SUPERVISOR TO SIGN PURCHASE ORDER #0191 TO UNDERWATER SOLUTIONS INC. FOR THE INSPECTION AND CLEANING OF THE ROUTE 215 AND BLUE CREEK ROAD WATER STORAGE TANKS Motion by Councilman Leach 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 sign Purchase Order #0191, as submitted by Water & Sewer Sup’t. Congdon, to be paid to Underwater Solutions Inc. for the Inspection and Cleaning of the Route 215 and Blue Creek Road one-million- gallon water storage tanks, for the total cost of $4,890.00. RESOLUTION #150 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: MAY 18, 2022 TOWN BOARD MEETING PAGE 2 Funds A, B, DA, DB, Voucher #572-662 HG, SF, SS, SW General Fund A $ 83,830.91 General Fund B $ 1,277.43 Highway Fund DA $ 0.00 Highway Fund DB $ 24,696.39 Gutchess Lumber SC Project HG $ 6,550.25 C’Ville Fire District SF $ 0.00 Sewer Fund SS $ 1,050.11 Water Fund SW $ 15,639.80 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 #(None) Trust & Agency TA $ 0.00 Expendable Trust TE $ 0.00 Deputy Supervisor Cobb mentioned that there were no requests for privilege of the floor. Councilman Leach made a motion, seconded by Councilman Donlick, to receive and file the monthly reports of Town Justice Mathey and Town Justice DeMarco for the month of April 2022. All voting aye, the motion was carried. Councilman Leach made a motion, seconded by Councilman Guido, to receive and file the monthly report of the Cortland Community SPCA for the month of April 2022, as well as the corrected monthly report for March 2022. All voting aye, the motion was carried. Councilman Donlick made a motion, seconded by Councilman Leach, to receive and file the monthly report of Code Enforcement Officer, Kevin McMahon for the month of April 2022. All voting aye, the motion was carried. Councilman Leach made a motion, seconded by Councilman Guido, to receive and file the following monthly reports: 1. Water/Sewer Department – April 2022; 2. Town Clerk – Corrected March 2022; and 3. Town Supervisor – April 2022. All voting aye, the motion was carried. RESOLUTION #151 ACCEPT ANNUAL REPORT OF TOWN RMO AND SCHEDULE OF DISPOSED RECORDS IN 2021 IN ACCORDANCE WITH THE RETENTION AND DISPOSITION SCHEDULE Motion by Councilman Leach Seconded by Councilman Guido VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0 ADOPTED BE IT RESOLVED, the Town Board does hereby accept the Annual Report of the Records Management Officer of the Town as submitted by the Town Clerk/Records Management Officer, Kristin Rocco-Petrella, including a list of the disposed records in 2021, in accordance with the Records Retention Disposition Schedule, LGS-1. Councilman Guido made a motion, seconded by Councilman Donlick, to receive and file correspondence from Charter Communications, dated May 11, 2022, regarding programming services and changes. All voting aye, the motion was carried. There were no matters to be discussed under “old business”. Under new business, Town Clerk Rocco-Petrella stated she was thrilled to mention that one of the last agenda items is to acknowledge the appointment of a new Deputy Town Clerk, Kathleen Timmerman. She explained that there has been a vacancy in her office since October 2021. She acknowledged and thanked her team, Deputy Town Clerk, Abigail Albro, Deputy Town MAY 18, 2022 TOWN BOARD MEETING PAGE 3 Clerk, Chavonne LaPlant, and Part-time Clerk, Nick Alteri, for working hard over the past 8 months to stay on top of the demands of the busy office. Town Clerk Rocco-Petrella explained that Kathleen Timmerman is a Town resident, who brings with her over 20-years of professional experience in a variety of fields. Her background includes office management and customer service, and she was even a heavy equipment operator for Suit-Kote Corp. at the beginning of her career. She encouraged the members of the Board to stop by the Town Clerk’s office to introduce themselves and to welcome her to the Town. Attorney DelVecchio reported: Solar Simplified Municipality Program: Attorney DelVecchio recalled that at the May 4, 2022 Town Board meeting, the Board approved the Solar Simplified Municipality Program for the Town of Cortlandville. At the time, it was his understanding that the Town would be endorsing the program for Town residents to take advantage of and receive a credit on their energy bills. The Town would not be promoting the specific company. Shortly after the contract was signed, he received correspondence from the company that they wanted to do a press release and asked that Supervisor Williams sign a form letter. The company also requested a list of Town residents and their addresses, among other things including Supervisor Williams signature. Instead, Attorney DelVecchio informed the Board he modified the letter and suggested the company submit a Freedom of Information request for the list of Town residents. While the Town was endorsing the company it was not sponsoring the company. Supervisor Williams asked the Board if they would be okay with a statement on the Town’s website that the Town endorsed the program, but in no way was the Town sponsoring the program. Councilman Guido stated that he was not opposed to people being aware that the company is out there and could benefit them but did not think the Town should “go beyond the scope”. Councilman Donlick added that the Town should not be promoting one company. Councilman Leach asked if the Town could back away from the agreement. Attorney DelVecchio explained that the Town has the option to cancel the contract at any time, however the Town will receive $50 for every customer that signs up for the program. Councilman Leach voiced concerns with endorsing a company at this time and until some issues are resolved. Discussion amongst the Board continued. Attorney DelVecchio suggested that the letter he drafted be used, rather than the one suggested by Solar Simplified, and that Supervisor Williams not give his signature out. Supervisor Williams stated that residents are going to receive information about the program. The public will then call the Town Hall, the Town Clerk, and the Board Members, and it would be important to direct the callers to the proper information on the Town’s website and the letter written by Attorney DelVecchio. Deputy Supervisor Cobb agreed and suggested that similar companies will b e approaching the Town in the future with similar asks. Draft Vacant Property Law: Attorney DelVecchio apprised the Board he has been working on drafting a Vacant Property Law for the Board to consider adopting and adding to the Town’s ordinances. The law would allow the Code Enforcement Officers (CEO) to designate a building as vacant in the Town and to placard it as such, Attorney DelVecchio provided a draft law to the Town CEO’s and the Cortlandville Fire District for review and explained that the draft was written after reviewing the language from similar codes. He planned to provide the information to the Board at their next meeting to proceed as the Board directed. Supervisor Williams recognized that the draft law was valuable and that it protects the lives of firefighters and first responders stating, “It identifies a building in a way that says do not go in here … its purpose is pure and simple … it saves lives”. Attorney DelVecchio expected to present the draft law to the Board at the next meeting. Town Board Member Reports: Councilman Guido apprised the Board he was unable to attend the last meeting regarding the Linear Park but does plan to attend the next one. Councilman Leach commented on sporting events held over the past weekend at Gutchess Lumber Sports Complex and Testa Park. He expressed that he was “overwhelmed with the number of people there”, stating that “Cortlandville is doing a great thing”. Attorney DelVecchio explained that the tournament at GSCL included the University of Connecticut, University of MAY 18, 2022 TOWN BOARD MEETING PAGE 4 Delaware, Penn State, and Boston College; the winner of the tournament would go to the College World Series. Councilman Donlick added that it was a busy weekend in Town. He spoke with one hotel owner in Town who indicated that the hotel was sold out over the weekend. Councilman Donlick commented on an email the Board received from a town resident concerning a recent fire at one of the solar farms on East River Road. The solar panels were on fire which caused concern for local residents. Councilman Donlick stated that an emergency contact phone number should be available at the site of solar farms, and that a MSDS sheet should be available, “so we know what is in those panels when there is a fire”. The Board expressed concern regarding the fire and the manner in which the fire is fought. Supervisor Williams suggested that the Code Office and Planning Board produce a list of items that must be taken care of prior to the issuance of a building permit. Attorney DelVecchio stated he would look at the language of the new solar ordinance to see if the concerns would be covered. Councilman Leach made a motion, seconded by Councilman Donlick, to receive and file correspondence from New York State Homes and Community Renewal, dated May 4, 2022, regarding the Approval of the Request for the Release of Funds for the 2021 NYS Community Development Block Grant Town-wide Housing Rehabilitation Program (CDBG #287HR317-21). All voting aye, the motion was carried. RESOLUTION #152 ACKNOWLEDGE THE AWARD OF JCAP GRANT #5314 IN THE AMOUNT OF $277.90 TO PURCHASE TWO, THREE DOOR MODULAR BOX LOCKERS FOR THE TOWN COURT Motion by Councilman Leach Seconded by Councilman Guido VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0 ADOPTED BE IT RESOLVED, the Town Board does hereby acknowledge the award of JCAP Grant #5314 in the amount of $277.90 to purchase two, three door modular box lockers with keyed lock from Global Industries for the Town Court. Town Clerk Rocco-Petrella mentioned that in 2021, Town Justice LeFevre applied for a grant through the Justice Court Administration Program (JCAP) for up to $30,000 to purchase a bag scanner and two box lockers, however only the box lockers were approved. RESOLUTION #153 AUTHORIZE SUPERVISOR TO SIGN THE REVISED EXTRA WORK AUTHORIZATION (PROJECT NO. 31591 EWA) FROM CHA REGARDING GUTCHESS LUMBER SPORTS COMPLEX – PHASE 2 CONSTRUCTION ADMINISTRATION & STORMWATER POLLUTION PREVENTION PLAN (SWPPP) INSPECTIONS Motion by Councilman Leach 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 sign the Revised Extra Work Authorization Project No. 31591 from CHA, dated April 29, 2022, regarding Gutchess Lumber Sports Complex - Phase 2, Construction Administration & Stormwater Pollution Prevention Plan (SWPPP) Inspections, for the costs of $65,200.00 (contract administration), $16,500.00 (SWPPP Inspections), and $4,000.00 (estimated expenses – mileage, printing, etc.). MAY 18, 2022 TOWN BOARD MEETING PAGE 5 RESOLUTION #154 AUTHORIZE HIGHWAY SUPERINTENDENT TO PURCHASE A SANDER/SPREADER IN THE AMOUNT OF $11,300.00 FOR THE TOWN HIGHWAY DEPARTMENT Motion by Councilman Leach Seconded by Councilman Guido VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0 ADOPTED BE IT RESOLVED, the Town Board does hereby authorize the Highway Superintendent to purchase a sander/spreader, stainless harder ES144 (Sourcewell Contract) in the amount of $11,300.00 for the Town Highway Department. Councilman Leach made a motion, seconded by Councilman Donlick, to receive and file correspondence from Water & Sewer Superintendent Congdon, received May 5, 2022, regarding the estimated cost of $2 million to install 8,800 linear feet gravity sewer main and 25 manholes on Cosmos Hill Road, Blue Creek Road, and Alexandria Drive. All voting aye, the motion was carried. Councilman Guido made a motion, seconded by Councilman Leach, to receive and file correspondence from the Deputy Secretary of the Treasury – Washington D.C., dated May 16, 2022, urging state and local governments to continue to use State and Local Fiscal Recovery Funds (SLFRF) to confront the most pressing challenges that our economy and communities face. All voting aye the motion was carried. RESOLUTION #155 AUTHORIZE TEMPORARY CLOSURE OF CARROLL STREET ON JUNE 7, 2022 (6:00 PM) FOR THE 2022 CORTLAND COUNTY DAIRY PARADE Motion by Councilman Leach Seconded by Councilman Donlick VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0 ADOPTED WHEREAS, due to the Main Street DRI project, the 2022 Cortland County Dairy Parade route has changed, with the parade starting at the intersection of Lincoln Ave. and North Main St. in the City of Cortland, proceeding along N. Main St. and Homer Ave. then travelling west on Carroll Street in the Town of Cortlandville and ending at the Cortland County Fairgrounds, and WHEREAS, as a result of the change, the Town Highway Superintendent received a request from Alan Ricottilli, Deputy Superintendent of Public Works for the City of Cortland, for the temporary closure of Carroll Street on Tuesday, June 7, 2022 at 6:00 p.m. for the 2022 Cortland County Dairy Parade, therefore BE IT RESOLVED, the Town Board does hereby authorize the temporary closure of Carroll Street on June 7, 2022 at 6:00 p.m. to accommodate the 2022 Cortland County Dairy Parade, and it is further RESOLVED, the correspondence from the Alan Ricottilli, Deputy Superintendent of Public Works for the City of Cortland, dated May 5, 2022, is hereby received and filed. RESOLUTION #156 ACKNOWLEDGE RECEIPT OF SUMMONS AND NOTICE OF VERIFIED COMPLAINT AND PETITION AND VERIFIED COMPLAINT AND PETITION IN THE MATTER OF RT 13 ROCKS LLC V. TOWN OF CORTLANDVILLE AND THE TOWN OF CORTLANDVILLE TOWN BOARD, AND THE TOWN OF CORTLANDVILLE PLANNING BOARD Motion by Councilman Guido Seconded by Councilman Leach VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0 ADOPTED MAY 18, 2022 TOWN BOARD MEETING PAGE 6 BE IT RESOLVED, the Town Board does hereby acknowledge, by receiving and filing, the Notice of Verified Complaint and Petition and Verified Complaint and Petition in the matter of RT 13 ROCKS LLC v. Town of Cortlandville and the Town of Cortlandville Town Board, and the Town of Cortlandville Planning Board, Index No. EF22-193, and it is further RESOLVED, the Town Board notes that the acknowledgement of service was accepted by Town Attorney, John A. DelVecchio, Esq. on May 6, 2022. RESOLUTION #157 ACCEPT RESIGNATION FOR RETIREMENT FROM JOHN MCNERNEY AS PART-TIME RECREATION DIRECTOR FOR THE TOWN OF CORTLANDVILLE EFFECTIVE APRIL 28, 2022 Motion by Councilman Leach Seconded by Councilman Guido VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0 ADOPTED BE IT RESOLVED, the Town Board does hereby accept the letter of resignation for retirement from John McNerney as Part-time Recreation Director for the Town of Cortlandville and Recreation Director for the City of Cortland, effective April 28, 2022 (last day worked), and it is further RESOLVED, the letter of resignation cancels the Town’s contract with John McNerney, and it is further RESOLVED, the letter of resignation is hereby received and filed. RESOLUTION #158 AUTHORIZE SUPERVISOR TO HIRE JOHN MCNERNEY AS PART-TIME RECREATION DIRECTOR FOR THE TOWN OF CORTLANDVILLE Motion by Councilman Guido Seconded by Councilman Donlick VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0 ADOPTED BE IT RESOLVED, the Town Board does hereby authorize the Supervisor to hire John McNerney as the Part-time Recreation Director for the Town of Cortlandville, effective May 2, 2022, at an annual salary of $35,000.00. RESOLUTION #159 AUTHORIZE HIGHWAY SUPERINTENDENT TO PURCHASE A NEW INSULATED OVERHEAD GARAGE DOOR FROM GENSON OVERHEAD DOOR INC. FOR THE TOWN HIGHWAY GARAGE Motion by Councilman Leach Seconded by Councilman Guido VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0 ADOPTED WHEREAS, the Town of Cortlandville Highway Department utilizes Genson Overhead Door Inc. to conduct annual inspections and service repairs for the overhead garage doors, and WHEREAS, during the annual inspection it was determined that one of the overhead garage doors located at the Town Highway Garage (old garage), 4765 Route 41, Cortland, New York, is in need of replacement, therefore BE IT RESOLVED, the Town Board does hereby authorize the Town Highway Superintendent to purchase and install a new insulated overhead garage door for the Town Highway Garage (old garage) for the total cost of $5,515.00. MAY 18, 2022 TOWN BOARD MEETING PAGE 7 RESOLUTION #160 ACKNOWLEDGE HIRING AND RESIGNATION OF ERIC S. LYON AS BUILDING AND GROUNDS LABORER FOR THE TOWN HIGHWAY DEPARTMENT Motion by Councilman Leach Seconded by Councilman Guido VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0 ADOPTED BE IT RESOLVED, the Town Board does hereby acknowledge the hiring of Eric S. Lyon as Building and Grounds Laborer for the Town Highway Department at an hourly wage of $17.28, effective May 3, 2022, and it is further RESOLVED, the Board further acknowledges the resignation of Eric S. Lyon as Building and Grounds Laborer effective May 5, 2022. RESOLUTION #161 ACKNOWLEDGE NOTIFICATION FROM THE STATE FOR FILING OF LOCAL LAW NO. 2 OF 2022, LOCAL LAW NO. 3 OF 2022, AND LOCAL LAW NO. 4 OF 2022 Motion by Councilman Guido Seconded by Councilman Leach VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0 ADOPTED BE IT RESOLVED, the New York State Department of State acknowledged receipt of the following Local Laws of 2022, to be effective May 4, 2022: Local Law No. 2 of 2022, “A Local Law Adopting the Town of Cortlandville’s Solar Energy System PILOT Law of the Town of Cortlandville, New York”; Local Law No. 3 of 2022, “A Local Law Adopting the Town of Cortlandville’s Battery Energy Storage System Law of the Town of Cortlandville, New York”; Local Law No. 4 of 2022, “A Local Law Amending the Town of Cortlandville’s Zoning Code to Permit Solar Energy Systems in the Town of Cortlandville, New York”. There was a brief discussion regarding the applications received from various not-for-profit organizations in the County for funding through the Town’s award of the 2021 American Rescue Plan Act (ARPA) funds. The Board previously decided to set aside $50,000 from the 2021 ARPA fund allocation to the Town, and $50,000 from the 2022 allocation yet to be received, with a maximum award of $5,000 per project. The application deadline for the first round of funding was May 16, 2022. A total of 16 applications were received for various programs. Supervisor Williams suggested the Board review the applications prior to the next Board meeting, focusing on how the projects would impact the citizens of Cortlandville. Councilman Leach made a motion, seconded by Councilman Guido, to receive and file the following applications for funding (not to exceed $5,000) from the Town of Cortlandville through the ARPA funds allocated to non-profit organizations ($50,000) and a specific project that will benefit the citizens of the Town of Cortlandville: Disabled American Veterans Post 153; Cincinnatus Area Heritage Society (CAHS); Catholic Charities of Cortland County; CAPCO Adult Education Program; Cortland County Historical Society; Lime Hollow Nature Center; Cortland Main Street Music Series; The Chapel; Seven Valleys Health Coalition (SVHC); YWCA of Cortland; Access to Independence of Cortland County Inc.; Lamont Free Memorial Library; 4- H Camp Owahta - Cooperative Extension of Cortland County; Josie’s Journey-Canine Comfort Business, Lending A Caring Paw; Little York Lake Preservation Society, Inc.; Homer-Cortland Community Agency, Inc. dba CNY Living History Center. All voting aye, the motion was carried. MAY 18, 2022 TOWN BOARD MEETING PAGE 8 RESOLUTION #162 AUTHORIZE SALARY AND BENEFITS FOR KATHLEEN M.A. TIMMERMAN AS AN APPOINTED DEPUTY TOWN CLERK FOR THE TOWN OF CORTLANDVILLE Motion by Councilman Guido Seconded by Councilman Leach VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0 ADOPTED WHEREAS, a vacancy occurred in the office of the Town Clerk for a Deputy Town Clerk position in October 2021, and WHEREAS, Town Clerk, Kristin E. Rocco-Petrella has appointed Kathleen M.A. Timmerman of 1203 Gallagher Road, Cortland, New York to the position of Deputy Town Clerk for the Town of Cortlandville, to be effective May 19, 2022, therefore BE IT RESOLVED, the Town Board does hereby agree to and authorize the salary of $38,000.00 for Kathleen M.A. Timmerman, with an additional $500.00 after 6 months and $500.00 at her one- year anniversary, along with full-time benefits, and it is further RESOLVED, the appointment of Kathleen M.A. Timmerman as Deputy Town Clerk is hereby acknowledged. RESOLUTION #163 AUTHORIZE HIGHWAY SUP’T. TO HIRE ROBERT BROWN III AS A LABORER FOR THE TOWN HIGHWAY DEPARTMENT Motion by Councilman Leach Seconded by Councilman Guido VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0 ADOPTED BE IT RESOLVED, the Town Board does hereby authorize the Highway Sup’t. to hire Robert Brown III of 5216 Townline Road, McGraw, NY 13101 as a Laborer for the Town Highway Department effective May 23, 2022, and it is further RESOLVED, the Town Board hereby authorizes a wage of $20.62 per hour. No further comments or discussion were heard. Supervisor Williams adjourned the meeting at 5:42 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 June 1, 2022. The final version of this meeting was approved as written at the Town Board meeting of June 15, 2022.