Loading...
HomeMy WebLinkAbout2022-06-01 Town Board Minutes JUNE 1, 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; Recreation Director, John McNerney; John Folmer; Chris Delage; News Reporter: Eddie Velasquez from the Cortland Voice. Supervisor Williams called the Regular Meeting to order and asked for a roll call of all Board members. All Board members were present. Supervisor Williams mentioned that the weather was calling for severe thunderstorms. In the event that a member of the Board or the Town Clerk loses power and is disconnected from the virtual meeting for more than one minute, he asked that the meeting be recessed until Thursday, June 2, 2022 at 5:00 p.m. RESOLUTION #164 DECLARE AUTOMATIC RECESS OF THE JUNE 1, 2022 TOWN BOARD MEETING TO THURSDAY JUNE 2, 2022 AT 5:00 P.M. IN THE EVENT THERE IS A POWER OUTAGE DUE TO THE WEATHER Motion by Councilman Leach Seconded by Councilman Cobb VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0 ADOPTED BE IT RESOLVED, the Town Board does hereby declare that if there is a power outage of the June 1, 2022 Town Board Meeting, which is being held remotely via Zoom telephone and videoconference, that there be an automatic recess of the Meeting to June 2, 2022 at 5:00 p.m. Councilman Leach made a motion, seconded by Councilman Donlick, to receive and file the Cortlandville Zoning Board of Appeals Minutes of March 22, 2022, and the Cortlandville Planning Board Minutes of April 26, 2022. All voting aye, the motion was carried. The Draft Town Board Minutes of May 4, 2022 and May 18, 2022 were presented to the Board for their review. RESOLUTION #165 AUTHORIZE SUPERVISOR TO SIGN PURCHASE ORDER #0193 TO GENERAL CODE IN AN AMOUNT NOT TO EXCEED $4,805.00 FOR SUPPLEMENT NO. 26 TO THE TOWN OF CORTLANDVILLE CODE AND ECODE UPDATE 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 #0193, as submitted by Town Clerk Rocco-Petrella, to be paid to General Code for the publication of Supplement No. 26 to the Town of Cortlandville Code and eCode 360 (electronic Code) updates due to the adoption of local laws in 2021 and 2022, for a total cost not to exceed $4,805.00. JUNE 1, 2022 TOWN BOARD MEETING PAGE 2 RESOLUTION #166 AUTHORIZE PAYMENT OF VOUCHERS – JUNE Motion by Councilman Cobb Seconded by Councilman Leach 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 #663-728 HG, SF, SS, SW General Fund A $ 107,464.84 General Fund B $ 33,489.39 Highway Fund DA $ 0.00 Highway Fund DB $ 23,499.79 Gutchess Lumber SC Project HG $ 13,598.80 C’Ville Fire District SF $ 0.00 Sewer Fund SS $ 31,469.72 Water Fund SW $ 6,854.22 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 #15-17 Trust & Agency TA $ 55,715.28 Expendable Trust TE $ 0.00 Councilman Guido made a motion, seconded by Councilman Leach, to receive and file the monthly report of the Cortland County Treasurer’s Office dated June 2022. All voting aye, the motion was carried. Councilman Donlick made a motion, seconded by Councilman Cobb, to receive and file correspondence from Charter Communications, dated May 27, 2022, regarding programming changes. All voting aye, the motion was carried. Supervisor Williams apprised the Board that County Legislator, Joe Nauseef planned to attend the meeting this evening to give the Board an update regarding the County’s redistricting plan that was unanimously voted down, but unfortunately had to cancel. In his absence, Supervisor Williams informed the Board that the redistricting plan would go back to the County’s redistricting committee for revisions and reconsideration. The time limit for passage of the plan would be extended and more input would be asked for from the public. Under new business, Town Clerk Rocco-Petrella asked the Board to include Judge DeMarco in the resolution to establish the standard workday for elected and appointed officials of the Town of Cortlandville for the year 2022 (agenda item I-13). She reported that she received his calendar of days worked and his time was calculated. She expected to present another resolution for consideration at the next meeting to include the officials who have not yet submitted their calendars. Attorney DelVecchio reported: Erroneous Water Billing Charge: Attorney DelVecchio apprised the Board that it was recently discovered that a Town property owner was being charged quarterly water bills for a number of years but was not connected to the Town’s water. The property owner is connected to Town sewer. He e xplained that he reached out to the owner in an attempt to resolve the matter, and that the owner’s attorney reached out to Attorney DelVecchio as well. At this point, he and the Water/Sewer Department have tried to determine how much money has been paid over the years. In his opinion, it is an issue the Board should resolve and do the right thing; the Town should rectify the error. He stated that he was trying to handle the matter professionally and so that it does not result in a lawsuit. Attorney DelVecchio asked for the Board’s permission to continue to settle the matter with the Town’s best interest in mind. Money will not be paid without the Board’s knowledge. Supervisor Williams indicated that it would be appropriate for the Attorney to resolve the matter in the property owner’s best interest as well as in the Town’s best interest. Attorney DelVecchio will continue to work on the resolution and will come back to the Board with information at a later date. JUNE 1, 2022 TOWN BOARD MEETING PAGE 3 Councilman Guido congratulated the Cortland High School Varsity Baseball Team for winning the Section 3 Class A Tournament this week. The team would be moving onto the State tournament. He mentioned that several of the athletes are his students. The Board extended their congratulations on the accomplishment and wished them well in their next games. Councilman Guido also mentioned that he attended the County, City, Town, Village and School (CCTVS) meeting last week in which they discussed issues with the County landfill. One of the cells is coming to the end of its life, which will affect the number of vehicles allowed into the landfill to unload. New cells will open in the next year. Councilman Donlick apprised the Board he followed up on an email forwarded to him by Supervisor Williams from Greenspot regarding chargers for electric vehicles that could be installed at various locations in the Town. Under the program from Greenspot, the Town would share in the profits. He suggested that as the State moves towards green energy initiatives, adding electric chargers would be important. Councilman Donlick explained that he reached out to Greenspot in addition to four other companies who offer similar services. After further discussion, Councilman Donlick asked for the Board’s permission to move forward with research and conversations with different vendors to determine what company the Town should pursue to install electric vehicle charging stations at various locations within the Town. Supervisor Williams stated that from a public service point of view, it made sense to pursue the installation of electric charging stations. Members of the Board were in favor of Councilman Donlick following through with getting representatives from different companies to the Town to provide more information. Councilman Donlick asked if the Town Code addressed/provided provisions regarding electric chargers. Supervisor Williams suggested that Planning & Zoning Officer, Bruce Weber and Planning Board Chair, Chris Newell be involved in discussion as to whether or not the current Code is sufficient. Supervisor Williams reported: Town Bookkeeper: Supervisor Williams congratulated Town Bookkeeper, Megan Johnson for receiving a B+ on the last college course she took. He explained that she has completed about 75% of her degree that the Town has funded for the last couple of years. He stated that she is completing the courses on her own time. He is confident in her performance, and stated she is becoming more confident in her work. He asked the Board to extend their congratulations to Mrs. Johnson as well. Town Hall Summer Hours: Supervisor Williams asked the Board to adopt a resolution to approve “summer hours” for the staff at the Town Hall for the months of June, July and August (June 3, 2022 – September 2, 2022) in which the Town Hall will close at 3:00 p.m. on Fridays as done in the past. RESOLUTION #167 AUTHORIZE SUMMER HOURS FOR THE TOWN OF CORTLANDVILLE ADMINISTRATIVE STAFF AT THE RAYMOND G. THORPE MUNICIPAL BUILDING (TOWN HALL) FROM JUNE 3, 2022 THROUGH SEPTEMBER 2, 2022 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 summer hours for the Town of Cortlandville Administrative Staff at the Raymond G. Thorpe Municipal Building (Town Hall) from June 3, 2022 through September 2, 2022, in which the Town Hall shall close every Friday at 3:00 p.m. Town Hall of Fame: Supervisor Williams asked the Board to accept the slate of nominations for the Town Hall of Fame for the year 2022, as suggested by the Committee. He also asked the Board to schedule the induction ceremony for the 2021 and 2022 slate of nominations for Friday, June 24, 2022 at 3:00 p.m. at the Municipal Garage. JUNE 1, 2022 TOWN BOARD MEETING PAGE 4 RESOLUTION #168 ACCEPT THE SLATE OF NOMINATIONS FOR THE TOWN HALL OF FAME AS PRESENTED BY THE RECOGNITION COMMITTEE FOR THE YEAR 2022 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 accept the slate of nominations as presented by the Recognition Committee for the 2022 induction into the Town Hall of Fame, and it is further RESOLVED, the 2022 inductees shall be announced at a later date by Town Board resolution, and it is further RESOLVED, the Induction Ceremony for the 2021 and 2022 Town Hall of Fame is hereby scheduled for Friday, June 24, 2022 at 3:00 p.m. at the Municipal Garage, 3587 Terrace Road, Cortland, New York. Resume In-Person Town Board Meetings: Supervisor Williams reported that Cortland County has moved from High Risk to Medium Risk for COVID-19 cases. As such, he suggested the Board resume in-person meetings effective June 15, 2022, which the Board agreed with. RESOLUTION #169 DECLARE THAT THE TOWN BOARD SHALL RESUME IN- PERSON TOWN BOARD MEETINGS TO BE HELD AT THE CORTLANDVILLE MUNICIPAL GARAGE 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 declare that is shall resume in-person Town Board Meetings, effective June 15, 2022, to be held at the Town of Cortlandville Municipal Garage, 3587 Terrace Road, Cortland, New York as a result of the decrease in COVID -19 cases in Cortland County. Councilman Guido made a motion, seconded by Councilman Cobb, to receive and file correspondence from NYS Homes and Community Renewal, dated May 24, 2022, regarding the staff reassignment of Kristi Schwebke as the Town’s contact for the Town’s Community Development Block Grant Program, Economic Development for Seven Valley Specialty Cable (CDBG #287ED967-21). All voting aye, the motion was carried. RESOLUTION #170 APPROVE THE “TOWN OF CORTLANDVILLE LOAN COLLECTION POLICY AND PROCEDURES FOR COMMUNITY DEVELOPMENT LOAN PROGRAMS” DATED MAY 2022 Motion by Councilman Guido Seconded by Councilman Donlick VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0 ADOPTED WHEREAS, the Town of Cortlandville (the “Town”) administers a number of Community Development Programs that result in the making of loans to individuals, households, and for-profit entities, and JUNE 1, 2022 TOWN BOARD MEETING PAGE 5 WHEREAS, some of the loans are made as “deferred payment loans” (DPL) where payment is not made unless or until a situation triggers the need to repay on the DPL, or the Town determines that all or a portion of the DPL is to be recaptured in accordance with the terms and conditions of an agreement, and WHEREAS, these loans are generally made to income-eligible individuals or households for homeownership or housing rehabilitation purposes, and WHEREAS, other loans, known as direct loans, result in a periodic repayment to the town and are usually made to not-for-profit or for-profit entities under an economic development component, or to owners of income producing properties for purposes of housing rehabilitation, therefore BE IT RESOLVED, the Town Board does hereby approve the “Town of Cortlandville Loan Collection Policy and Procedures for Community Development Loan Programs” dated May 2022 to outline the procedures to be followed in the event of non-payment of a direct loan and/or DPLs to be recaptured. Supervisor Williams suggested that agenda Item I-7 be withdrawn from consideration at this time regarding a potential agreement with Chenango Contracting for conducting tests and maintenance on the turf fields located at the Gutchess Lumber Sports Complex. Recreation Director, John McNerney explained he has a meeting with representatives from the company next week to discuss the maintenance and testing and the best time of year to conduct the cleaning. He suggested that he learn more about the service and report back to the Board. Supervisor Williams concurred, and also suggested that the Recreation Commission be included in the conversation about the service, to which Mr. McNerney agreed. Councilman Cobb made a motion, seconded by Councilman Guido, to receive and file correspondence from Thomas MacLean, dated May 19, 2022, regarding his support for the Homer, Cortlandville & Solon Solar Energy Project of EDF Renewables. All voting aye, the motion was carried. Councilman Cobb made a motion, seconded by Councilman Guido, to receive and file correspondence from Betsy Soshinsky, dated May 25, 2022, regarding her support for the Homer, Cortlandville & Solon Solar Energy Project of EDF Renewables. All voting aye, the motion was carried. RESOLUTION #171 AUTHORIZE THE 1-YEAR LEASE AGREEMENT BETWEEN THE TOWN OF CORTLANDVILLE AND JOHN DIESCHER FOR A PORTION OF TOWN PROPERTY LOCATED AT 3111 BYRNE HOLLOW CROSSING SUBJECT TO PERMISSIVE REFERENDUM Motion by Councilman Guido Seconded by Councilman Leach VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0 ADOPTED BE IT RESOLVED, that the Town Board of the Town of Cortlandville does hereby authorize the 1-year lease of approximately ±40 acres of Town property located at 3111 Byrne Hollow Crossing in the Town of Cortlandville, a portion of tax map #105.00-04-02.200, to John Diescher d/b/a Diescher Farms for farming purposes, for the total rent of $2,800.00, and it is further RESOLVED, the agreement shall commence June 1, 2022 and end May 30, 2023, and it is further RESOLVED, this resolution is adopted Subject to Permissive Referendum as required by law. There was discussion regarding agenda item I-10 to authorize the Supervisor’s Secretary, Patty O’Mara to work with Williamson Law to help upgrade and redesign its fixed assets computer program. Supervisor Williams gave Mrs. O’Mara accolades for being asked, which was a testament to her knowledge and experience. He also mentioned that Mrs. O’Mara had a tentative retirement date of January 2023 but would like to push that back to April or May 2023 which Supervisor Williams endorsed. JUNE 1, 2022 TOWN BOARD MEETING PAGE 6 RESOLUTION #172 AUTHORIZE PATRICIA O’MARA, AIDE TO THE SUPERVISOR TO WORK WITH WILLIAMSON LAW TO ASSIST IN THE REDESIGN OF THEIR FIXED ASSETS COMPUTER PROGRAM AND ACKNOWLEDGE TENTATIVE RETIREMENT PLANS FOR MAY 2023 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 authorize the Patricia O’Mara, Aide to the Supervisor to work with Williamson Law to assist in the redesign of their fixed assets computer program, and it is further RESOLVED, the Town Board hereby acknowledges and endorses the retirement plans of Mrs. O’Mara for May 2023. RESOLUTION #173 AMEND THE 2022 BUDGET AND AUTHORIZE SUPERVISOR TO TRANSFER FUNDS Motion by Councilman Guido Seconded by Councilman Donlick VOTES: AYE – Williams, Cobb, Guido, Testa, Withey 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 expenditures for Modular Mechanical to replace a compressor and heat pump on the HVAC System in the Town Hall, as follows: FROM TO AMOUNT A1620.4 A1620.2 $ 15,158.00 Councilman Guido made a motion, seconded by Councilman Cobb, to receive and file the Final NYSDEC Scoping Document for the Draft Environmental Impact Statement (DEIS) regarding Cortlandville Sand & Gravel (Rt. 13 ROCKS) NYSDEC Mine Permit #7-1122- 00043/00008. All voting aye, the motion was carried. Attorney DelVecchio commented on the Scoping Document DEIS for Rt. 13 ROCKS. He explained that he and Attorney Fucillo of Hancock Estabrook reviewed the Scoping Document, which essentially lays out the facts and the process of what is to come, such as how the environmental concerns will be addressed and how, and what the DEC will be doing in terms of the continuation of the SEQR process. RESOLUTION #174 ESTABLISH THE STANDARD WORKDAY FOR ELECTED AND APPOINTED OFFICIALS OF THE TOWN OF CORTLANDVILLE FOR THE YEAR 2022 Motion by Councilman Guido Seconded by Councilman Cobb VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0 ADOPTED BE IT RESOLVED, the Town Board does hereby establish the following as standard workdays for elected and appointed officials and will report the following days worked to the New York State Local Employees’ Retirement System based on the record of activities maintained and submitted by these officials to the Town Clerk: JUNE 1, 2022 TOWN BOARD MEETING PAGE 7 Elected Standard Term of Record of Officials: Name: Workday: Office: Activities: Highway Superintendent Larry J. Drach 8 hours 01/01/2022-12/31/2025 34.75 Town Clerk/Collector Kristin E. Rocco-Petrella 7 hours 01/01/2022-12/31/2025 26.56 Town Justice Robert DeMarco 6 hours 01/01/2022-12/31/2025 16.50 With no further comments or discussion to be heard, Supervisor Williams requested the Board convene to an Executive Session to discuss contracts. The meeting was recessed at 5:39 p.m. Councilman Leach made a motion, seconded by Councilman Donlick, to adjourn the Executive Session and reconvene the Regular Meeting. All voting aye the motion was carried. The Executive Session was adjourned at 6:31 p.m. Members of the public were invited to return to the meeting at this time. RESOLUTION #175 AUTHORIZE THE INCREASE IN ARPA FUNDS TO BE DESIGNATED TO NOT-FOR-PROFIT ORGANIZATIONS THROUGH THE TOWN’S AWARDED AMERICAN RESCUE PLAN ACT (ARPA) CORONAVIRUS STATE & LOCAL FISCAL RECOVERY FUNDS (SLFRF) Motion by Councilman Guido Seconded by Councilman Cobb VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0 ADOPTED WHEREAS, per Town Board Resolution #128 of 2022, the Town Board authorized the establishment of “Town ARPA Funds Designated for Not-For-Profit Organizations” in which the Town would set aside $50,000 of received APRA Funds to be distributed to qualified organizations in an amount not to exceed $5,000 per organization, identifying a specific project that will benefit the citizens of the Town of Cortlandville, and WHEREAS, the Town received 17 applications for funding and selected 13 Not-For-Profit Organizations to award funds to, therefore BE IT RESOLVED, the Town Board does hereby authorize the increase in the ARPA funds to be distributed to qualified organizations from $50,000 to $60,000 in order to fund all 13 applications, and it is further RESOLVED, the award of the funds to the 13 Not-For-Profit Organizations shall be officially announced at a future Town Board meeting. No further comments or discussion were heard. Supervisor Williams adjourned the meeting at 6:33 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 9, 2022. The final version of this meeting was approved as written at the Town Board meeting of June 15, 2022.