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HomeMy WebLinkAbout2022-07-20 Town Board Minutes JULY 20, 2022 5:00 P.M. TOWN BOARD MEETING The Regular Meeting of the Town Board of the Town of Cortlandville was held via Zoom videoconference 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; Deputy Town Clerk, Abigail Albro; Recreation Director, John McNerney; Supervisor’s Secretary, Patty O’Mara; Assistant to the Supervisor, Amanda Rainbow; News Reporter: Eddie Velasquez from the Cortland Voice; Yuner Gao from the Cortland Standard; Mike Eves from WXHC. Supervisor Williams called the Regular Meeting to order. Councilman Guido made a motion, seconded by Councilman Cobb, to approve the Draft Special Town Board Minutes of June 24, 2022 and the Draft Town Board Minutes of July 6, 2022. All voting aye, the motion was carried. RESOLUTION #205 AUTHORIZE PAYMENT OF VOUCHERS – JULY Motion by Councilman Cobb Seconded by Councilman Donlick 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 #909-995 HG, SF, SS, SW General Fund A $ 108,244.94 General Fund B $ 23,568.93 Highway Fund DA $ 0.00 Highway Fund DB $ 199,997.02 Gutchess Lumber SC Project HG $ 0.00 C’Ville Fire District SF $ 0.00 Sewer Fund SS $ 102,127.08 Water Fund SW $ 15,698.06 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 #22-23 Trust & Agency TA $ 51,421.82 Expendable Trust TE $ 0.00 Supervisor Williams explained 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. Town Justice Mathey and Town Justice DeMarco – June 2022; 2. Cortland Community SPCA – June 2022; 3. Town Supervisor – June 2022; 4. Town Parks & Recreation Department, John McNerney – June 2022; and All voting aye, the motion was carried. JULY 20, 2022 TOWN BOARD MEETING PAGE 2 RESOLUTION #206 ACCEPT THE ANNUAL FIXED ASSET REPORT FOR 2021 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 accept the Annual Fixed Asset Report for 2021 as submitted by Patricia O’Mara, Fixed Asset Manager and Julie Gross, Real Property Assistant , and it is further RESOLVED, the Town Board formally thanks Ms. O’Mara and Ms. Gross for their work on the Fixed Asset Report. RESOLUTION #207 ACCEPT THE CORRECTED 2021 ANNUAL FINANCIAL REPORT (AUD) OF THE TOWN SUPERVISOR Motion by Councilman Guido Seconded by Councilman Donlick VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0 ADOPTED BE IT RESOLVED, the Annual Financial Report (AUD) of the Town Supervisor for the year 2021, as corrected, is hereby accepted and shall be received and filed. Councilman Donlick made a motion, seconded by Councilman Cobb, to receive and file correspondence from Charter Communications, dated July 15, 2022, regarding programming changes. All voting aye, the motion was carried. Under new business, Town Clerk Rocco-Petrella informed the Board that work on the new phone system was underway and that phones had been ordered. The Town’s service with Windstream would be terminated August 2, 2022. Supervisor Williams added that a new phone system which would connect all Town departments was discussed in the past and would prove to be greatly beneficial to the Town. Attorney DelVecchio mentioned he had a matter to discuss in Executive Session involving a contract. Town Board Member Reports: Councilman Donlick commented on the Town’s new contract with Greenspot for electric vehicle chargers in the Town, which was approved at the July 6, 2022 meeting and signed by Supervisor Williams. Greenspot was approximately four months out from installing the chargers. Supervisor Williams reported: Establish Town Policy – Waive Planning/Zoning/Code Fees for the Town of Cortlandville: Supervisor Williams suggested the Board adopt a Town Policy to waive any Town planning/zoning/code fees for permits to be issued to the Town of Cortlandville. While fees may have been waived in the past, a formal policy was not in place. With the upcoming construction of Gutchess Lumber Sports Complex (GLSC) Phase 2, permits would be obtained for the dugouts and other structures. Supervisor Williams asked the Board to formally establish the policy. Attorney DelVecchio mentioned that the Board already declared governmental immunity from zoning analysis with regard to Phase 2 of the GLSC based on the 9 factors rooted in the Matter of County of Monroe V City of Rochester, 72 N.Y.2D 338, 533 N.Y.S.2D 702. JULY 20, 2022 TOWN BOARD MEETING PAGE 3 RESOLUTION #208 ESTABLISH TOWN POLICY THAT ALL TOWN OF CORTLANDVILLE PLANNING/ZONING/CODE ENFORCEMENT FEES BE WAIVED FOR ALL APPLICATIONS MADE BY THE TOWN OF CORTLANDVILLE TOWN BOARD Motion by Councilman Donlick Seconded by Councilman Cobb VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0 ADOPTED BE IT RESOLVED, the Town Board does hereby establish a Town Policy that all Town of Cortlandville planning/zoning/code enforcement fees be waived for any applications made by the Town of Cortlandville Town Board. RESOLUTION #209 AUTHORIZE APPROVAL OF PAYMENTS REGARDING THE NYS SMALL CITIES COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM – ECONOMIC DEVELOPMENT FOR SEVEN VALLEY SPECIALTY CABLES, LLC (CDBG #287ED967-21) 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 authorize approval of payments regarding the New York State Small Cities Community Development Block Grant Program – Economic Development for Seven Valley Specialty Cables, LLC (CDBG #287ED967-21) in the amount of $89,600.00 to Seven Valley Specialty Cables, LLC for “Reimbursement for FF&E”. RESOLUTION #210 AUTHORIZE THE TOWN SUPERVISOR TO SUBMIT AN APPLICATION FOR FUNDING AS A CO-APPLICANT WITH CORTLAND COUNTY FOR A LOCAL GOVERNMENT EFFICIENCY GRANT THROUGH THE 2022 CONSOLIDATED FUNDING APPLICATION PROCESS TO PURSUE A LANDFILL LEACHATE PIPELINE, AND UPON APPROVAL OF SAID REQUEST, TO ENTER INTO A MEMORANDUM OF UNDERSTANDING WITH CORTLAND COUNTY AND TAKE ACTIONS NECESSARY TO IMPLEMENT THE PROGRAM/GRANT Motion by Councilman Guido Seconded by Councilman Cobb VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0 ADOPTED WHEREAS, Cortland County intends to be the lead-applicant on a Local Government Efficiency Grant with the City of Cortland, Village of McGraw and the Town of Cortlandville; and WHEREAS, funds for the program will be requested from the Department of State in the form of a grant through the 2022 Consolidated Funding Application process; and WHEREAS, if awarded the Town of Cortlandville intends to enter a Memorandum of Understanding with the County of Cortland, City of Cortland and the Village of McGraw to pursue a Landfill Leachate Pipeline to provide a substantial savings to the residents of the county and each co-applicant; therefore BE IT RESOLVED, that Tom Williams, as Supervisor of the Town of Cortlandville, is hereby authorized and directed to submit as a co-applicant with Cortland County for funds and upon approval of said request to enter into a Memorandum of Understanding with Cortland County, and, if appropriate, take actions necessary to implement the proposed program/grant upon approval from the State. JULY 20, 2022 TOWN BOARD MEETING PAGE 4 RESOLUTION #211 ACKNOWLEDGE RECEIPT OF A PROPOSED LOCAL LAW OF 2022, TITLED “A LOCAL LAW ADOPTING THE TOWN OF CORTLANDVILLE’S PARTICIPATION IN MEETINGS VIA VIDEOCONFERENCE IN THE TOWN OF CORTLANDVILLE, NEW YORK” AND SCEHDULE A PUBLIC HEARING FOR AUGUST 3, 2022 AT 5:00 P.M. 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 acknowledge receipt of a proposed Local Law of 2022, titled “A Local Law Adopting the Town of Cortlandville’s Participation in Meetings Via Videoconference in the Town of Cortlandville, New York” as prepared by the Town Attorney, and it is further RESOLVED, the Town Board does hereby schedule a Public Hearing regarding the proposed Local Law for August 3, 2022 at 5:00 p.m. at the Peter Alteri Jr. Municipal Garage, 3587 Terrace Road, Cortland, New York. Councilman Guido made a motion, seconded by Councilman Cobb, to receive and file correspondence from the New York State Division of the Budget, dated July 8, 2022, regarding the Town of Cortlandville receiving the remaining 50% of American Rescue Plan Act (ARPA) Fiscal Recovery Funds this Summer 2022. All voting aye, the motion was carried. RESOLUTION #212 REINSTATE TOWN PERSONNEL POLICY REGARDING ACCRUED PAID TIME OFF FOR ALL TOWN EMPLOYEES WHO WOULD LOSE ACCRUED TIME AT THEIR ANNIVERSARY DATE, TO BE EFFECTIVE DECEMBER 31, 2022 Motion by Councilman Guido Seconded by Councilman Donlick VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0 ADOPTED WHEREAS, per Town Board Resolution #115 of 2021, adopted April 7, 2021, the Town Board suspended the loss of accrued paid time off for all Town employees who would lose time at their anniversary date retroactive to March 2020 and until further Town Board action, as a result of the COVID-19 pandemic and the declared State of Emergency in the Town of Cortlandville in 2020, and WHEREAS, Town employees have been provided ample time to use their accrued paid time off, therefore BE IT RESOLVED, the Town Board does hereby reinstate the Town Policy regarding accrued paid time off for all Town employees, as found in the Town Personnel Policy, to be effective December 31, 2022. RESOLUTION #213 AUTHORIZE SUPERVISOR TO HIRE PHILIP MORSE AS CLERK OF THE WORKS TO OVERSEE THE CONSTRUCTION OF GUTCHESS LUMBER SPORTS COMPLEX PHASE 2 Motion by Councilman Cobb Seconded by Councilman Guido VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0 ADOPTED JULY 20, 2022 TOWN BOARD MEETING PAGE 5 BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to hire Philip Morse as Clerk of the Works to oversee the construction of Gutchess Lumber Sports Complex Phase 2 for an average of 8-10 hours per week at an hourly rate of $75.00, and it is further RESOLVED, the Supervisor is hereby authorized to sign the Consulting Agreement between the Town of Cortlandville and Philip Morse. Discussion occurred regarding a proposal from CHA to provide engineering services to expand the water south on Route 13 from Byrne Hollow Crossing to Webb Road to create a loop to resolve water pressure fluctuation issues. Supervisor Williams stated that the project should increase the pressure dramatically for the properties surrounding Gutchess Lumber Sports Complex. The project would also be instrumental in the further development and expansion of business along Route 13. The Board was in favor of moving forward with the engineering services to develop a model and evaluate the Town’s water distribution system. RESOLUTION #214 AUTHORIZE SUPERVISOR TO SIGN AGREEMENT BETWEEN THE TOWN OF CORTLANDVILLE AND CHA CONSULTING, INC. FOR PROFESSIONAL ENGINEERING SERVICES TO THE TOWN FOR THE DEVELOPMENT OF A HYDRAULIC MODEL AND EVALUATION OF THE TOWN’S WATER DISTRIBUTION SYSTEM TO EXPAND WATER SOUTH ON ROUTE 13 TO WEBB ROAD 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 authorize and direct the Supervisor to sign the agreement between the Town of Cortlandville and CHA Consulting, Inc., dated June 30, 2022, for professional engineering services to the Town for the development of a hydraulic model and evaluation of the Town’s water distribution system (CHA Proposal No.: X77714), on the south end of Town to further expand water south on Route 13 to Webb Road to create a loop to resolve water pressure fluctuation issues and to plan for future development on Route 13, for the total cost of $24,865.00. There was discussion with regard to approving CHA to move forward with the design process for a new well to be located off Byrne Hollow Crossing in the Town of Cortlandville. Supervisor Williams explained that CHA completed the well tests on the site owned by Byrne Dairy (C’Ville LLC) in which the quality of water was tested. The next phase was to determine the quantity of water that could be produced. The Town was looking to secure a new location for a new well to be proactive; realizing the needs of the Town and its customers and looking ahead to the future and increased development along Route 13. Supervisor Williams asked the Board for approval for CHA to start the design process for a new well to be located off of Byrne Hollow Crossing. He explained that he was working with Byrne Dairy to secure their support to move forward with a new well. Not only would the new well be upstream from Cortlandville Sand & Gravel, but the well would also service Byrne Dairy as one of the first customers from that location, which was important to the company. Supervisor Williams was hopeful that Byrne Dairy would assist the town financially with the project. RESOLUTION #215 AUTHORIZE SUPERVISOR TO SIGN EXTRA WORK AUTHORIZATION NO. 2 FROM CHA CONSULTING, INC. FOR CONTINUED ENGINEERING SERVICES RELATED TO THE DEVELOPMENT OF A NEW GROUDWATER SUPPLY WELL FOR THE TOWN OF CORTLANDVILLE TO BE LOCATED OFF OF BYRNE HOLLOW CROSSING Motion by Councilman Cobb Seconded by Councilman Guido VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0 ADOPTED JULY 20, 2022 TOWN BOARD MEETING PAGE 6 BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to sign Extra Work Authorization No. 2 from CHA Consulting, Inc. (CHA Proposal No. X77914.000) for continued engineering services (task no. 4: design and installation of a production well, and preparation of an aquifer testing plan) related to the development of a new groundwater supply well for the Town of Cortlandville to be located off of Byrne Hollow Crossing, for the total cost of $44,000 for professional fees & expenses. There was discussion regarding correspondence received from Carla (Ryder) Nelson disputing the water/sewer charges for her late father’s home located at 1264 Starr Road (Acct. #200). Supervisor Williams explained that Ms. Nelson requested the Board waive all, or a portion of, the water and sewer charges totaling $607.67. In her letter she explained that she was contacted by the Town Water & Sewer Department in February 2022 regarding high consumption and a possible water leak or water running at the property. She indicated that she contacted a neighbor and a plumber who could not find any problems. The Town Water/Sewer Department also went to the house and met the plumber. In his July 14, 2022 correspondence to the Board, Water & Sewer Superintendent Congdon explained, “although we did not find any visual leaks, water was going through the meter at the time of our inspection of the plumbing in the house. The curb box was then shut off and the meter stopped running. The curb box was turned back on again and the meter started running.” He further explained that the meter was read and double checked for accuracy; the water went through the meter as shown in the charts he provided. The Town adopted a Customer Dispute Policy in 2011, in which a customer could complete the customer dispute form and meter test form. The Town would then send the meter out for testing. If the test reveals that the meter is working properly, the customer must pay for the test and the disputed usage. The Board discussed the matter. While they sympathized with Ms. Ryder, they determined that they should not waive the charges without following the policy the Town put in place as suggested by Water & Sewer Superintendent Congdon. RESOLUTION #216 DENY REQUEST MADE BY CARLA NELSON FOR RELIEF FROM THE WATER/SEWER FEES FOR PROPERTY LOCATED AT 1264 STARR ROAD 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 deny the request made by Carla Nelson for relief from the water/sewer fees in the amount of $607.67 for property located at 1264 Starr Road (Account #200) in the Town of Cortlandville, and it is further RESOLVED, the correspondence from Carla Nelson dated July 14, 2022, and correspondence from Water & Sewer Superintendent Congdon dated July 14, 2022, is hereby received and filed. RESOLUTION #217 AUTHORIZE SUPERVISOR TO SIGN PROPOSAL FROM PAYCHEX INC. TO PROVIDE TIME KEEPING SERVICES FOR THE TOWN OF CORTLANDVILLE Motion by Councilman Donlick Seconded by Councilman Cobb 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 proposal from Paychex Inc. to provide time keeping services for the Town of Cortlandville, for a one-time fee of $1,000.00 plus a monthly fee of $417.00. JULY 20, 2022 TOWN BOARD MEETING PAGE 7 No further comments or discussion were heard. Councilman Cobb made a motion, seconded by Councilman Guido to recess the Regular Meeting to an Executive Session to discuss contracts and personnel. All voting aye, the motion was carried. The meeting was recessed at 5:57 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 6:48 p.m. Members of the public were invited to return to the meeting at this time. RESOLUTION #218 ACKNOWLEDGE TRANSITION OF AMANDA K. RAINBOW FROM THE POSITION/TITLE “ASSISTANT TO THE AIDE TO THE SUPERVISOR” TO “ASSISTANT TO THE SUPERVISOR” 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 acknowledge the transition of Amanda K. Rainbow from the position/title “Assistant to the Aide to the Supervisor” to “Assistant to the Supervisor”, effective July 21, 2022. RESOLUTION #219 ACKNOWLEDGE TRANSITION OF PATRICIA R. O’MARA FROM THE POSITION/TITLE “AIDE TO THE SUPERVISOR” TO “ASSISTANT TO THE AIDE TO THE SUPERVISOR” 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 acknowledge the transition of Patricia R. O’Mara from the position/title “Aide to the Supervisor” to “Assistant to the Aide to the Supervisor”, effective July 21, 2022. RESOLUTION #220 AUTHORIZE TITLE CHANGE FOR MEGAN B. JOHNSON FROM “BOOKKEEPER” TO “FINANCIAL ADMINISTRATOR” 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 title change for Megan B. Johnson from “Bookkeeper” to “Financial Administrator” for the Town of Cortlandville, effective July 21, 2022. JULY 20, 2022 TOWN BOARD MEETING PAGE 8 RESOLTUION #221 REAFFIRM THE TOWN’S POLICY ON “TELEWORKING” AS WRITTEN IN THE TOWN PERSONNEL POLICY 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 reaffirm the Town’s policy on “Teleworking” as written in the Town Personnel Policy, Section 702 Work Schedules (Updated April 2022), which allows employees to work remotely as follows: Teleworking – The Town may allow employees in certain positions to work out of their homes rather than in the office one or more days per week. Each request is reviewed on a case-by-case basis and is subject to prior authorization of the employee’s supervisor. At the Town’s discretion, an employee’s teleworking schedule may be modified or rescinded at any time. All time spent performing work on behalf of the Town is paid time and must be recorded. RESOLUTION #222 APPROVE EXTRA WORK AUTHORIZATION FROM CHA CONSULTING, INC. TO PROVIDE PROFESSIONAL ENGINEERING SERVICES FOR THE GUTCHESS LUMBER SPORTS COMPLEX PHASE 2, CONCESSION-RESTROOM BUILDING CONSTRUCTION CONTRACT DOCUMENTS 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 approve the Extra Work Authorization from CHA Consulting, Inc. (CHA Proposal No. X56314-R2) to provide professional engineering services for the Gutchess Lumber Sports Complex Phase 2, Concession-Restroom Building Construction Contract Documents, for the total cost of $68,700.00, and it is further RESOLVED, the Supervisor is hereby authorized and directed to sign the Extra Work Authorization for the Concession-Restroom Building Construction Contract Documents. RESOLTUION #223 AUTHORIZE EXPENDITURE OF $51,901.00 FROM THE TOWN OF CORTLANDVILLE TO THE VILLAGE OF HOMER REPRESENTING HALF OF THE MATCHING GRANT FUNDS REQUIRED BY THE NYS ENVIRONMENTAL PROTECTION FUND GRANT AWARDED TO THE VILLAGE OF HOMER FOR THE ROUTE 11 LINEAR PARK 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 authorize the expenditure of $51,901.00 from the Town of Cortlandville to the Village of Homer representing half of the total matching grant funds required by the NYS Environmental Protection Fund Grant awarded the Village of Homer (total amount of $311,403.00) for the Route 11 Linear Park, and it is further RESOLVED, the funds from the Town shall be for the construction and other related work done for the Linear Park along the east side of Route 11 that borders the City of Cortland, Town of Cortlandville, and Village of Homer. JULY 20, 2022 TOWN BOARD MEETING PAGE 9 No further comments or discussion were heard. Supervisor Williams adjourned the Regular Meeting at 6:55 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 August 2, 2022. The final version of this meeting was approved as written at the Town Board meeting of August 17, 2022.