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HomeMy WebLinkAbout2022-08-17 Town Board Minutes AUGUST 17, 2022 5:02 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; and Town Residents: Larry and Teresa Biviano. Others joining via Zoom video/telephone conference: Assistant to the Supervisor, Amanda Rainbow. Supervisor Williams called the Regular Meeting to order. Councilman Cobb made a motion, seconded by Councilman Leach, to approve the Draft Town Board Minutes of July 20, 2022 and the Draft Town Board Minutes of August 3, 2022. All voting aye, the motion was carried. RESOLUTION #236 AUTHORIZE PAYMENT OF VOUCHERS – AUGUST Motion by Councilman Leach 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 #1062-1153 HG, SF, SS, SW General Fund A $ 74,196.33 General Fund B $ 11,299.43 Highway Fund DA $ 0.00 Highway Fund DB $ 325,700.88 Gutchess Lumber SC Project HG $ 0.00 C’Ville Fire District SF $ 0.00 Sewer Fund SS $ 80,391.23 Water Fund SW $ 37,708.30 Funds CD1, CD3, CD4 Voucher #2 BMills Rehab CD1 $ 0.00 Town Wide Rehab CD3 $ 7,500.00 Business Devl CD4 $ 0.00 Funds TA, TE Voucher #(None) Trust & Agency TA $ 0.00 Expendable Trust TE $ 0.00 Supervisor Williams explained there were no requests for privilege of the floor. Councilman Cobb reported that the Town Comprehensive Plan Implementation Committee has been meeting regularly. Attorney DelVecchio added that the Committee is “doing good work”. Councilman Donlick made a motion, seconded by Councilman Cobb, to receive and file the following monthly reports: 1. Cortland County Treasurer’s Office – August 2022; 2. Town Justice Mathey and Town Justice DeMarco – July 2022; 3. Town Supervisor – July 2022; and 4. Cortland Community SPCA – July 2022. All voting aye, the motion was carried. AUGUST 17, 2022 TOWN BOARD MEETING PAGE 2 Councilman Donlick made a motion, seconded by Councilman Cobb, to receive and file the Cortland County Leachate Sewer Line Feasibility Study Report dated July 2022, as prepared by Barton & Loguidice, D.P.C. for Cortland County. All voting aye, the motion was carried. Councilman Leach made a motion, seconded by Councilman Guido, to receive and file correspondence from Charter Communications, dated August 5, 2022 (2) and August 15, 2022, regarding programming changes. All voting aye, the motion was carried. Under new business, Town Clerk Rocco-Petrella informed the Board that the Town was making headway with the conversion of the phones from Windstream to NEC Cloud Communications, due to the termination of service by Windstream. Prior to the phones being ported, Windstream disconnected the Town Highway Department phone/fax. Action was being taken to restore the phone numbers as they are emergency phone numbers and should not have been disconnected. A message was posted to the Town’s website directing the public that the phone is temporarily unavailable and to call the Town Supervisor’s office to leave a message for the Highway Department. Town Clerk Rocco-Petrella hoped the switch to the new phone provider would be complete in the next week. Supervisor Williams added that the FCC would be contacted if necessary to help resolve the matter. Attorney DelVecchio had nothing to report at this time. Councilman Donlick made a motion, seconded by Councilman Guido, to receive and file correspondence from New York State Parks, Recreation and Historic Preservation, dated January 10, 2022, regarding a grant award in the amount of $500,000 from the Environmental Protection Fund Grant Program Project #210954. All voting aye, the motion was carried. RESOLUTION #237 ACCEPT GRANT AWARD FROM NEW YORK STATE OFFICE OF PARKS, RECREATION AND HISTORIC PRESERVATION (OPRHP) IN AN AMOUNT NOT TO EXCEED $500,000 FOR THE GUTCHESS LUMBER PARK DEVELOPMENT: PHASE 2 AND DELEGATE SIGNING AUTHORITY TO EXECUTE THE CONTRACT AND ASSOCIATED DOCUMENTS TO THE TOWN SUPERVISOR Motion by Councilman Donlick Seconded by Councilman Guido VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0 ADOPTED BE IT RESOLVED, the Town of Cortlandville applied for financial assistance from the New York State Office of Parks, Recreation and Historic Preservation (“OPRHP”) under the Gutchess Lumber Park Development: Phase 2 for the purpose of funding the Project #210954; and it is further RESOLVED, that the Town of Cortlandville is authorized and directed to accept these grant funds in an amount not to exceed $500,000 for the project described in the grant application; and it is further RESOLVED, that the Town of Cortlandville is authorized and directed to agree to the terms and conditions of the Master Contract with OPRHP for such Gutchess Lumber Park Development: Phase 2; and it is further RESOLVED, that the Town of Cortlandville is authorized and directed to agree to the terms and conditions of any required deed of easement granted to OPRHP that affects title to real property owned by the municipality and improved by the grant funds, which may be a duly recorded public access covenant, conservation easement, and/or preservation covenant; and it is further RESOLVED, that the Cortlandville Town Board delegates signing authority to execute the Master Contract and any amendments thereto, any required deed of easement, and any other certifications to the individual who holds the following elected municipal office: Town of Cortlandville Supervisor, Thomas A. Williams. AUGUST 17, 2022 TOWN BOARD MEETING PAGE 3 Councilman Cobb made a motion, seconded by Councilman Leach, to receive and file correspondence from New York State Homes and Community Renewal date August 12, 2022 regarding OCR Program Staff Reassignment for the Town’s 2021 NYS CDBG Housing Rehabilitation Project (#287HR317-21). All voting aye, the motion was carried. Councilman Guido made a motion, seconded by Councilman Cobb, to receive and file correspondence from Fiscal Advisors & Marketing, Inc., dated August 03, 2022, regarding the Town of Cortlandville Disclosure of Conflicts of Interest. All voting aye, the motion was carried. RESOLUTION #238 ACKNOWLEDGE RECEIVING A SMALL CLAIMS ASSESSMENT REVIEW PETITION 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, by receiving and filing, the Small Claims Assessment Review Petition filed by Frank Kelly and Sandra Holland for property located at 3492 Deerfield Heights, Cortland, New York, tax map #95.14-01-07.000, regarding their current assessed valuation of real property. RESOLUTION #239 ACKNOWLEDGE RECEIVING NOTICE OF PETITION FOR REVIEW OF ASSESSMENT 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 acknowledge, by receiving and filing, the Notice of Petition filed by Lowe’s Home Center, Inc. for property located at 872 Route 13, Cortland, New York, tax map #95.20-02-02.000, regarding their current assessed valuation of real property. Councilman Cobb made a motion, seconded by Councilman Guido, to receive and file the New York State Department of Environmental Conservation Notice of Complete Application, dated August 8, 2022, by Matthew Eaton regarding removal of approximately 3,000 cubic yards of gravel from 290 feet of Hoxie Gorge Creek, US Route 11. All voting aye, the motion was carried. RESOLUTION #240 AMEND THE 2022 BUDGET AND AUTHORIZE SUPERVISOR TO TRANSFER FUNDS Motion by Councilman Guido Seconded by Councilman Cobb 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 as prepared by Megan Johnson, Financial Administrator, as follows: AUGUST 17, 2022 TOWN BOARD MEETING PAGE 4 FROM TO AMOUNT REASON A1990.4 A1220.4 $ 1,970.00 Thomson Reuters West back billing A1990.4 A1410.4 $ 5,169.00 Thomson Reuters West back billing A1990.4 A1680.4 $10,393.75 Unplanned work on Server A1990.4 A6989.41 $ 500.00 Networking for Econ Dev GLSC A4089 A6989.42 $60,000.00 ARPA Transfer for nonprofit grants A694 A4089 $60,000.00 ARPA Transfer for nonprofit grants A7510.4 A7550.4 $ 500.00 Wall of Fame Celebration SS9030.8 S9055.8 $ 10.25 Disability Insurance more than budgeted SW8340.41 SW1420.4 $60.000.00 Hancock Estabrook Legal Work Councilman Guido made a motion, seconded by Councilman Cobb, to receive and file correspondence from New York State Department of Transportation, dated August 8, 2022, denying the Town’s speed limit reduction request for Bennie Road, determining that the posted speed limit of 45 mph will remain. All voting aye, the motion was carried. RESOLUTION #241 RESCIND TOWN BOARD RESOLUTION #226 OF 2022, “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 Cobb VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0 ADOPTED BE IT RESOLVED, the Town Board hereby rescinds Town Board Resolution #226 of 2022 adopted August 3, 2022, “Authorize Recreation Director to Hire One Part-Time Summer Laborer for the Purpose of Cleaning at Gutchess Lumber Sports Complex”. There was a brief discussion regarding the hiring of two part-time summer laborers for the purpose of cleaning the Town Parks. Supervisor Williams explained that two part-time laborers were needed to work rather than one employee as previously approved. The employees would be working different days/hours. Councilman Leach asked what the length of the employment would be. Supervisor Williams explained that the cleaning at the parks was expected to end in late October, however one of the employees may continue to work for the Town after October to clean at the Highway Department. Highway Sup’t. Drach would be making the arrangements. RESOLUTION #242 AUTHORIZE RECREATION DIRECTOR TO HIRE TWO PART-TIME SUMMER LABORERS FOR THE PURPOSE OF CLEANING AT 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 authorize and direct Recreation Director, John McNerney to hire two Part-Time Summer Laborers for the purpose of cleaning the facilities at the Gutchess Lumber Sports Complex & Park and other Town parks, at an hourly rate of $17.00 per hour. There was discussion regarding the 2022 agreement between the City of Cortland Youth Bureau and the Town of Cortlandville for recreation services. Supervisor Williams apprised the Board that the contract subsidizes the City for recreation services provided to Cortlandville residents. Two years ago, the Town asked the City to provide a cost-benefit-analysis to explain the programs that were being funded. The City determined that 25% of the people who utilize the City’s youth programs and services are Cortlandville residents. Supervisor Williams explained that the agreement has always been approved with the annual contracts in January as the funds are AUGUST 17, 2022 TOWN BOARD MEETING PAGE 5 budgeted. However, the Town delayed the 2022 agreement due to the transition of Recreation Director John McNerney from the City to the Town. Supervisor Williams stated that the transition has been seamless, and the Town should pay the contract as budgeted for. Councilman Leach questioned the cost and need for 100 tons of infield mix for one of the City parks as well as the cost of the overall contract as the Town has its own parks to fund. Supervisor Williams and Highway Superintendent Drach indicated that the charges in the agreement were valid, including the 100 tons of infield mix which has doubled in price. The City Youth Bureau also provides the service to lock the Town parks nightly. Supervisor Williams stated that the City was aware that the agreement would not be signed in January 2022 as done in the past. He added that the Town was starting the budget process for 2023 and the funds to be budgeted could be discussed at a later time. Councilman Leach was satisfied with the explanations. RESOLUTION #243 APPROVE CONTRACT BETWEEN THE CITY OF CORTLAND YOUTH BUREAU AND THE TOWN OF CORTLANDVILLE FOR RECREATION SERVICES FOR THE YEAR 2022 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 approve the contract between the City of Cortland Youth Bureau and the Town of Cortlandville for Recreation Services for the year 2022, for the total amount of $80,340.00. RESOLUTION #244 APPROVE PROFESSIONAL SERVICE AGREEMENT BETWEEN ZELVIN SECURITY, LLC AND THE TOWN OF CORTLANDVILLE TO PROVIDE AN “EXTERNAL VULNERABILITY ASSESSMENT” OF THE TOWN’S INTERNET INFRASTRUCTURE 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 approve the professional service agreement between Zelvin Security, LLC and the Town of Cortlandville to provide an “External Vulnerability Assessment” of the Town’s Internet Infrastructure (i.e. firewalls, DNS servers, routers, load balancers, and supporting systems) as required by the Town’s Cyber Security Insurance Policy, for the total cost of $800.00, and it is further RESOLVED, the Town Clerk is hereby authorized and directed to sign the Professional Service Agreement and Non-Disclosure Agreement pertaining to such services for the year 2022. Supervisor Williams reported: Town Representative for Cortland County Local Emergency Planning Committee: Supervisor Williams apprised the Board the Town was asked to appoint a representative to the Cortland County Local Emergency Planning Committee. He suggested that Water & Sewer Superintendent, Brian Congdon be named the Town’s representative, to which he was agreeable. The Committee would meet monthly. RESOLUTION #245 APPOINT WATER & SEWER SUPERINTENDENT BRIAN CONGDON AS THE TOWN’S REPRESENTATIVE FOR THE CORTLAND COUNTY LOCAL EMERGENCY PLANNING COMMITTEE (LEPC) Motion by Councilman Leach Seconded by Councilman Cobb VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0 ADOPTED AUGUST 17, 2022 TOWN BOARD MEETING PAGE 6 BE IT RESOLVED, the Town Board does hereby appoint Water & Sewer Superintendent. Brian Congdon as the Town’s representative to the Cortland County Local Emergency Planning Committee (LEPC). No further comments or discussion was heard. Supervisor Williams requested the Board convene to an Executive Session to discuss personnel and for a report from the Town Attorney on attorney/client privileged information. He indicated to those in attendance that he did not expect the Board to take any action afterwards. Councilman Cobb made a motion, seconded by Councilman Guido to recess the Regular Meeting to an Executive Session to discuss personnel and attorney/client privileged information. All voting aye, the motion was carried. The meeting was recessed at 5:24 p.m. Councilman Leach made a motion, seconded by Councilman Cobb, to adjourn the Executive Session and reconvene the Regular Meeting. All voting aye the motion was carried. The Executive Session was adjourned at 6:05 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 6:05 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 18, 2022. The final version of this meeting was approved as written at the Town Board meeting of September 7, 2022.