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HomeMy WebLinkAbout2022-08-03 Town Board Minutes AUGUST 3, 2022 5:03 P.M. PUBLIC HEARING NO. 1 LOCAL LAW OF 2022 A LOCAL LAW ADOPTING THE TOWN OF CORTLANDVILLE’S PARTICIPATION IN MEETINGS VIA VIDEOCONFERENCE IN THE TOWN OF CORTLANDVILLE, NEW YORK A Public Hearing was held by the Town Board of the Town of Cortlandville at the Peter Alteri Jr. Municipal Garage, 3587 Terrace Road, Cortland, New York with Supervisor Williams presiding, concerning a proposed Local Law of 2022, “A Local Law Adopting the Town of Cortlandville’s Participation in Meetings Via Videoconference in the Town of Cortlandville, New York”. Members present: Supervisor, Thomas A. Williams Councilman, Jay E. Cobb* Councilman, Jeffrey D. Guido Councilman, Gregory K. Leach Councilman, Theodore V. Testa Town Clerk, Kristin E. Rocco-Petrella Others present were: Town Attorney, John DelVecchio; Highway Sup’t. Larry Drach; Water/Sewer Sup’t. Brian Congdon; Deputy Town Clerk, Abigail Albro; Dick & Barbara Tupper; News Reporter: Yuner Gao from the Cortland Standard. Others joining via *Zoom video/telephone conference: Assistant to the Supervisor, Amanda Rainbow; News Reporters: Eddie Velasquez from the Cortland Voice; and Mike Eves from WXHC. Supervisor Williams called the Public Hearing to order. Town Clerk, Kristin Rocco-Petrella read aloud the published, posted and filed legal notice. Supervisor Williams asked if there were any requests for privilege of the floor. No requests were made. No further comments or discussion were heard. The Public Hearing was closed at 5:05 p.m. AUGUST 3, 2022 5:05 P.M. TOWN BOARD MEETING The Regular Meeting of the Town Board of the Town of Cortlandville was held at the Peter Alteri Jr. Municipal Garage, 3587 Terrace Road, Cortland, 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; Water/Sewer Sup’t. Brian Congdon; Deputy Town Clerk, Abigail Albro; Dick & Barbara Tupper; News Reporter: Yuner Gao from the Cortland Standard. Others joining via *Zoom video/telephone conference: Assistant to the Supervisor, Amanda Rainbow; News Reporters: Eddie Velasquez from the Cortland Voice; and Mike Eves from WXHC. Supervisor Williams called the Regular Meeting to order. Supervisor Williams presented former Town Supervisor, Richard C. Tupper with a plaque to be displayed on the wall of Supervisors at the Raymond G. Thorpe Municipal Building for his 14 years of dedicated service to the Town of Cortlandville, as well as 13 years to the greater Cortlandville Community. Mr. Tupper thanked the Board for the recognition and commented on the growth of the Town and future development. Councilman Guido made a motion, seconded by Councilman Donlick, to receive and file the Cortlandville Planning Board Minutes of June 28, 2022. All voting aye, the motion was carried. RESOLUTION #224 AUTHORIZE PAYMENT OF VOUCHERS – AUGUST Motion by Councilman Guido 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 #996-1061 HG, SF, SS, SW General Fund A $ 206,708.54 General Fund B $ 52,614.84 Highway Fund DA $ 0.00 Highway Fund DB $ 47,732.34 Gutchess Lumber SC Project HG $ 3,981.90 C’Ville Fire District SF $ 0.00 Sewer Fund SS $ 9,197.71 Water Fund SW $ 35,057.77 Funds CD1, CD3, CD4 Voucher #1-1 BMills Rehab CD1 $ 0.00 Town Wide Rehab CD3 $ 0.00 Business Devl CD4 $ 89,600.00 Funds TA, TE Voucher #24-24 Trust & Agency TA $ 534.39 Expendable Trust TE $ 0.00 Supervisor Williams explained there were no requests for privilege of the floor. AUGUST 3, 2022 TOWN BOARD MEETING PAGE 2 Councilman Donlick made a motion, seconded by Councilman Guido, to receive and file the following monthly reports: 1. Fire & Safety Inspector, Desiree Campbell – July 2022; 2. Town Clerk – July 2022; 3. Water & Sewer Department – July 2022; and 4. Code Enforcement Officer, Kevin McMahon – July 2022. All voting aye, the motion was carried. Councilman Guido made a motion, seconded by Councilman Donlick, to receive and file correspondence from Charter Communications, dated August 1, 2022, regarding programming services. All voting aye, the motion was carried. Under old business, there was a brief discussion regarding the proposed Local Law of 2022 – “A Local Law Adopting the Town of Cortlandville’s Participation in Meetings Via Videoconference in the Town of Cortlandville, New York”. Supervisor Williams explained that the proposed local law would permit the various boards in the Town to participate in meetings via videoconference. Hearing no further discussion, Supervisor Williams asked for a vote on the proposal. RESOLUTION #225 ADOPT LOCAL LAW NO. 6 OF 2022, “A LOCAL LAW ADOPTING THE TOWN OF CORTLANDVILLE’S PARTICIPATION IN MEETINGS VIA VIDEOCONFERENCE IN THE TOWN OF CORTLANDVILLE, NEW YORK” Motion by Councilman Leach Seconded by Councilman Donlick VOTES: Supervisor Williams Aye Councilman Cobb Aye Councilman Donlick Aye Councilman Guido Aye Councilman Leach Aye ADOPTED WHEREAS, a resolution was duly adopted by the Town Board of the Town of Cortlandville for a public hearing to be held by said Board to hear all interested parties on a proposed Local Law, “A Local Law Adopting the Town of Cortlandville’s Participation in Meetings Via Videoconference in the Town of Cortlandville, New York”, and WHEREAS, notice of said public hearing was duly published in the Cortland Standard, the official newspaper of the said Town, and posted at the Raymond G. Thorpe Municipal Building, 3577 Terrace Road, Cortland, New York, as required by law, and WHEREAS, said public hearing was duly held and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed Local Law, or any part thereof, and WHEREAS, the Town Board of the Town of Cortlandville, after due deliberation, finds it in the best interest of the Town to adopt said Local Law, now therefore BE IT RESOLVED, the Town Board of the Town of Cortlandville hereby adopts said Local Law as Local Law No. 6 of 2022, “A Local Law Adopting the Town of Cortlandville’s Participation in Meetings Via Videoconference in the Town of Cortlandville, New York”, a copy of which is attached hereto and made a part hereof, and the Town Clerk is directed to enter said Local Law in the minutes of this meeting and in the Local Law Book of the Town of Cortlandville, and to give due notice of the adoption of said Local Law to the Secretary of State. BE IT ENACTED by the Town Board of the Town of Cortlandville, as follows: SECTION 1. TITLE. This local law shall be known as “A Local Law to Adopt the Participation in Meetings via Videoconference in the Town of Cortlandville, New York.” AUGUST 3, 2022 TOWN BOARD MEETING PAGE 3 SECTION 2. STATUTORY AUTHORITY. This Local Law is intended to be consistent with and is enacted by the Town Board of the Town of Cortlandville pursuant to its authority to adopt laws under the New York State Constitution, the New York State Municipal Home Rule Law, and the New York State Town Law. It is intended and is hereby declared to address matters of local concern only and is intended to act in furtherance of the Town’s authority with respect to Public Officers Law § 103-a. SECTION 3. PURPOSE AND INTENT. It is the intent of this local law to give the Town of Cortlandville’s public bodies as that term is defined in Public Officers Law § 102 the authority to participate in meetings via videoconference from locations not accessible to the public in a manner consistent with the town’s videoconferencing policy and the authority granted in Public Officers Law § 103-a. SECTION 4. VIDEOCONFERENCING FOR PUBLIC MEETINGS. The Town Board of the Town of Cortlandville hereby authorizes all members of the town’s public bodies to participate in meetings using videoconferencing technology in a manner consistent with Public Officers Law § 103-a and the town’s videoconferencing policy adopted by the Town Board. SECTION 5. SEVERABILITY. If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder hereof, but shall be confined in operation to the clause, sentence, paragraph, section or part hereof directly involved in the controversy in which such determination shall have been rendered. SECTION 6. EFFECTIVE DATE. This Local Law shall be effective upon its filing with the Secretary of State in accordance with the Municipal Home Rule Law, and shall apply to all meetings of the town’s public bodies. Town Board Reports: Councilman Guido provided the Board with a summary of his report of the “Directive Concerning Local Laws” regarding the Cannabis Law in New York State, and what New York State controls versus what the local municipality controls. He stated, “the Cannabis Law extends authority to municipalities to regulate aspects of ‘time, place, and manner’ of operation of retail dispensaries, provided such local laws or ordinances do not make the operation of a licensed retail dispensary or on-site consumption site unreasonably impracticable, as determined by the Cannabis Control Board”. Councilman Guido stated that the Board opted out of allowing Cannabis Dispensaries in the Town, but according to the survey by the NYS Cannabis Control Board and the Office of Cannabis Management, there may be considerations to discuss if this board or future boards decide to opt in. Councilman Guido listed regulations controlled by the municipality, such as hours of operation, historical districts, parking, traffic density control, nuisance (i.e., odor and noise) and local general ordinances that are not cannabis industry specific. The NYS Cannabis Control Board would regulate licensing, selecting applications and site selection criteria such as proximity to schools and houses of worship. Zoning is also something that would have to be discussed, as to whether dispensaries are classified as commercial or industrial. Councilman Leach had a question regarding an article in the Cortland Standard, stating the City of Cortland has opted in and is looking into a “version or derivative” of Cannabis, wondering if the Town of Cortlandville would have any control over that. Councilman Guido stated he thought it would be the State regulating the different types of cannabis that could be sold. Councilman Leach asked for an update with regard to the East River Road Solar Farm and a noise complaint made by a resident. Supervisor Williams stated he received an email from the project manager saying, “things had improved”. AUGUST 3, 2022 TOWN BOARD MEETING PAGE 4 Supervisor Williams reported: Hiring of a Part-Time Cleaner for the Gutchess Lumber Sports Complex & Park: Supervisor Williams commented on the need to a part-time laborer to clean the Town Parks. He informed the Board that Recreation Director John McNerney advertised for the position and already had someone interested in working weekends at the Town Parks. Supervisor Williams indicated that cleaning would also be done at Blodgett Mills Park and Testa Park, but the majority the cleaning was needed at Gutchess Lumber Sports Complex. Supervisor Williams stated that the salary would come out of the Gutchess Lumber Sports Complex budget line rather than the Highway budget line as it had previously. The new part-time employee would be hired at the same rate as the part-time summer laborer. RESOLUTION #226 AUTHORIZE RECREATION DIRECTOR TO HIRE ONE PART- TIME SUMMER LABORER FOR THE PURPOSE OF CLEANING AT GUTCHESS LUMBER SPORTS COMPLEX Motion by Councilman Guido Seconded by Councilman Donlick VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0 ADOPTED BE IT RESOLVED, the Town Board hereby authorizes and directs Recreation Director, John McNerney to hire one Part-Time Summer Laborer for the purpose of Cleaning the facilities at Gutchess Lumber Sports Complex & Park and other Town Parks, at the approved 2022 Part-Time Summer Laborer Rate of $13.20 per hour. Town Highway Garage Polkville – Security Cameras: Supervisor Williams apprised the Board that Highway Superintendent Drach indicated there was a need for additional security cameras to be installed on the exterior of the Highway Garage and Main Office Building in Polkville to ensure the safety of the Town’s equipment. There have been recent incidents with people cutting locks trying to steal equipment. Highway Superintendent Drach received two quotes from Beard Electric for the materials and labor to install new security cameras. Supervisor Williams asked the Board for a resolution to approve the proposals. RESOLUTION #227 AUTHORIZE SUPERVISOR TO SIGN TWO PROPOSALS FROM BEARD ELECTRIC, LLC TO PURCHASE MATERIALS AND LABOR FOR THE INSTALLATION OF ADDITIONAL SECURITY CAMERAS AT THE (NEW) TOWN HIGHWAY GARAGE AND HIGHWAY DEPARTMENT OFFICE BUILDING LOCATED AT 4765 ROUTE 41 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 and direct the Supervisor to sign two proposals from Beard Electric, LLC to purchase materials and labor for the installation of additional security cameras at the (New) Town Highway Garage and Highway Department Office, Building, for the total cost of $4,843.00. AUGUST 3, 2022 TOWN BOARD MEETING PAGE 5 RESOLUTION #228 AUTHORIZE APPROVAL OF PAYMENTS REGARDING THE TOWN-WIDE HOUSING REHABILITATION GRANT PROGRAM CDBG #287HR317-21 Motion by Councilman Donlick Seconded by Councilman Guido VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0 ADOPTED BE IT RESOLVED, the Town Board does hereby authorize approval of payment for the following regarding the Town-Wide Housing Rehabilitation Grant Program CDBG #287HR317-21: Thoma Development – Program Delivery – $3,000.00 Thoma Development – Administration - $4,500.00 RESOLUTION #229 AUTHORIZE SUPERVISOR TO EXECUTE DISCHARGE OF MORTGAGE BETWEEN THE TOWN AND SHIRLEY I. BREED REGARDING THE 2005 NYS COMMUNITY DEVELOPMENT BLOCK GRANT BLODGETT MILLS HOUSING REHABILITATION PROGRAM 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 execute the discharge of mortgage between the Town and Shirley I. Breed, 3356 Kellogg Road, Blodgett Mills, New York, regarding the 2005 NYS Community Development Block Grant (CDBG) Blodgett Mills Housing Rehabilitation Program, in the amount of $19,763.77. RESOLUTION #230 AUTHORIZE CHANGE ORDER NO. 1 SUBMITTED BY CHA CONSULTING, INC. FOR THE GUTCHESS LUMBER SPORTS COMPLEX PHASE 2 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 and direct the Supervisor to execute Change Order No. 1 from CHA Consulting, Inc. for the Gutchess Lumber Sports Complex Phase 2, to change the contract times so that the contractor shall have the base stone and related items (as listed in Section 321813) complete and accepted by October 23, 2022 in preparation of the synthetic turf installation, which is to be completed by others under a separate contract with the Town. RESOLUTION #231 ACKNOWLEDGE NOTIFICATION FROM THE STATE FOR FILING OF LOCAL LAW NO. 5 OF 2022 Motion by Councilman Guido Seconded by Councilman Donlick VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0 ADOPTED BE IT RESOLVED, the New York State Department of State acknowledged receipt of Local Law No. 5 of 2022, “A Local Law Adopting the Town of Cortlandville’s Vacant Property Law in the Town of Cortlandville, New York”, to be effective July 12, 2022. AUGUST 3, 2022 TOWN BOARD MEETING PAGE 6 RESOLUTION #232 ACCEPT 2021 ANNUAL REPORT OF THE CORTLANDVILLE POST-CONSTRUCTION STORMWATER MAINTENANCE INSPECTION PROGRAM Motion by Councilman Guido Seconded by Councilman Donlick VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0 ADOPTED BE IT RESOLVED, the 2021 Annual Report of the Cortlandville Post-Construction Stormwater Maintenance Inspection Program, as prepared by Cortland County Soil and Water Conservation District, dated June 20, 2022 is hereby accepted and shall be filed in the Town Clerk’s office. RESOLUTION #233 REFER AQUIFER PROTECTION PERMIT APPLICATION SUBMITTED BY COMPAGNI LAND DEVELOPMENT, LLC FOR PROPERTY LOCATED AT 3737 LUKER ROAD TO THE TOWN AND COUNTY PLANNING BOARDS FOR REVIEW AND RECOMMENDATIONS AND SCHEDULE A PUBLIC HEARING FOR SEPTEMBER 7, 2022 AT 5:00 P.M. Motion by Councilman Leach Seconded by Councilman Guido VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0 ADOPTED BE IT RESOLVED, the Aquifer Protection Permit application submitted by Compagni Land Development, LLC for property located at 3737 Luker Road, tax map #95.08-01-16.000, shall be forwarded to the Town and County Planning Boards for review and recommendations, and it is further RESOLVED, a public hearing shall be scheduled for September 7, 2022 at 5:00 p.m. at the Peter Alteri Jr. Municipal Garage located at 3587 Terrace Road, Cortland, New York, and it is further RESOLVED, the Aquifer Protection Permit application is hereby received and filed. RESOLUTION #234 ACKNOWLEDGE RECEIVING NOTICE OF PETITION FOR REVIEW OF ASSESSMENT FROM BENDERSON-CORTLAND ASSOCIATES Motion by Councilman Donlick Seconded by Councilman Guido VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0 ADOPTED BE IT RESOLVED, the Town Board does hereby acknowledge, by receiving and filing, the Notice of Petition from Benderson-Cortland Associates, for property located off Route 281 in the Town of Cortlandville, tax map #86.17-01-08.110, regarding their current assessed valuation of real property. RESOLUTION #235 RESOLUTION TO BE PAID DIRECTLY ALL OF TOWN’S SHARE OF COUNTY SALES TAX Motion by Councilman Leach Seconded by Councilman Donlick VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0 ADOPTED WHEREAS, New York Tax Law Section 1262 allows municipalities to apply a portion of their Sales Tax against the Property Taxes levied upon real property in that municipality, and AUGUST 3, 2022 TOWN BOARD MEETING PAGE 7 WHEREAS, the Town of Cortlandville requests that the Cortland County Legislature apply $0.00 (zero dollars and zero cents) of Sales Tax to be utilized in the reduction of the County Tax levied against Real Property, with the amount requested in this resolution divided by 4 and that $0.00 quarterly amount be deducted from the County quarterly sales tax distribution as per agreements with the County related to Sales Tax Distribution, with any remaining funds available in Sales Tax payments paid to the Town of Cortlandville, and BE IT FURTHER RESOLVED, that pursuant to New York Tax Law Section 1262, this resolution shall be effective commencing with calendar year 2023, and be it further RESOLVED, that the Town of Cortlandville Town Clerk shall forward a Certified Copy of this Resolution to the Cortland County Treasurer and the Cortland County Real Property Tax Office by Registered or Certified Mail before September 1st, 2022. Councilman Guido made a motion, seconded by Councilman Donlick, to receive and file correspondence from Supervisor Williams to Mayor Hal McCabe, Village of Homer, dated July 25, 2022, regarding the Town funding a grant match in the amount of $51,901.00 for the Route 11 Linear Park. All voting aye, the motion was carried. No further comments or discussion were heard. Councilman Guido made a motion, seconded by Councilman Leach to recess the Regular Meeting to an Executive Session to discuss contracts, investigations, and personnel. All voting aye, the motion was carried. The meeting was recessed at 5:26 p.m. 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 6:23 p.m. Members of the public were invited to return to the meeting at this time. No further comments or discussion were heard. Supervisor Williams adjourned the Regular Meeting at 6:23 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 12, 2022. The final version of this meeting was approved as written at the Town Board meeting of August 17, 2022.