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HomeMy WebLinkAbout2022-09-21 Town Board Minutes SEPTEMBER 21, 2022 5:00 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; Deputy Town Clerk, Abigail Albro; Highway Sup’t. Larry Drach; Cortland County Legislator, Eugene Waldbauer; Town residents: Barbara Leach; Larry and Teresa Biviano. Others joining via Zoom video/telephone conference: Assistant to the Supervisor, Amanda Rainbow; and News Reporter, Eddie Velasquez from the Cortland Voice. Supervisor Williams called the Regular Meeting to order. RESOLUTION #255 AUTHORIZE SUPERVISOR TO SIGN PURCHASE ORDER #0199 TO ONIX NETWORKING SERVICES FOR THE TOWN’S G-SUITE BASIC LICENSE/USER AGREEMENT 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 authorize and direct the Supervisor to sign Purchase Order #0199 to Onix Networking Services for the Town’s G-Suite (Google Workspace) Basic License/User Agreement (40 licenses; September 2022 - September 2023), for the total cost of $3,600.00. RESOLUTION #256 AUTHORIZE PAYMENT OF VOUCHERS – SEPTEMBER Motion by Councilman Donlick 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 #1230-1312 HG, SF, SS, SW General Fund A $ 80,695.48 General Fund B $ 5,463.00 Highway Fund DA $ 0.00 Highway Fund DB $ 33,568.40 Gutchess Lumber SC Project HG $ 14,192.51 C’Ville Fire District SF $ 0.00 Sewer Fund SS $ 38,079.96 Water Fund SW $ 23,768.67 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 #28-29 Trust & Agency TA $ 50,526.50 Expendable Trust TE $ 0.00 Supervisor Williams acknowledged that there were no requests for privilege of the floor. SEPTEMBER 21, 2022 TOWN BOARD MEETING PAGE 2 Under reports, Supervisor Williams offered the floor to Cortland County Legislator, Eugene Waldbauer to provide his report to the Board. Cortland County Legislator, Eugene Waldbauer reported the following: 1. New Dock for Dwyer Park: $100,000 proposed for the County budget for a 60’ long x 20’ wide stationary dock to be designed by the County Highway Department. 2. County Landfill and Flow Control: Cortland County Legislature received a letter from Greg Leach of Leach’s Custom Trash regarding flow control and problems with haulers going outside of the County. The County Highway Superintendent was drafting a plan for a part-time flow control officer, the cost of which could be paid for by ensuring haulers do not take their trash outside of the County. 3. Drugs – Bath Salts Law: A law is being proposed to make synthetic drugs illegal such as “bath salts” and “molly” so that law enforcement can take action. Drugs and drug use are serious problems in the County. Councilman Cobb made a motion, seconded by Councilman Leach, to receive and file the following monthly reports: 1. Town Justice Mathey and Town Justice DeMarco – August 2022; 2. Cortland Community SPCA – August 2022; 3. Water & Sewer Department – August 2022; and 4. Town Supervisor – August 2022. All voting aye, the motion was carried. RESOLUTION #257 ACCEPT CORTLAND COUNTY SHERIFF’S OFFICE ANNUAL REPORT FOR 2021 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 accept the Cortland County Sheriff’s Office Annual Report for 2021 as submitted by Sheriff Mark E. Helms, and it is further RESOLVED, the correspondence from Sheriff Helms, dated September 12, 2022, is hereby received and filed. Under new business, Town Clerk Rocco-Petrella apprised the Board that Town Justice DeMarco would like to make application for a Justice Court Assistance Program (JCAP) grant for funding up to $30,000 under the 2022-23 grant cycle. Justice DeMarco was requesting funding for the purchase of a baggage security scanner, a commercial paper shredder, and a fireproof file cabinet for the Town Court, and requested formal Board authorization to apply for the grant. RESOLUTION #258 AUTHORIZE CORTLANDVILLE TOWN COURT TO APPLY FOR A JUSTICE COURT ASSISTANCE PROGRAM (JCAP) GRANT IN THE 2022-23 GRANT CYCLE UP TO $30,000.00 Motion by Councilman Cobb Seconded by Councilman Leach VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0 ADOPTED WHEREAS, the New York State Unified Court System has a grant available through the Justice Court Assistance Program (JCAP) to town and village courts with a maximum award of $30,000.00 per court, and WHEREAS, Town Justice, Hon. Robert J. DeMarco has completed the 2022-23 JCAP Grant Application to purchase a baggage security scanner, a commercial paper shredder, and a fireproof file cabinet, and SEPTEMBER 21, 2022 TOWN BOARD MEETING PAGE 3 WHEREAS, the Town Board fully supports Hon. DeMarco in his 2022-23 JCAP Grant Application for the Cortlandville Town Court, therefore BE IT RESOLVED, the Town Board of the Town of Cortlandville authorizes the Cortlandville Town Court to apply for a JCAP grant in the 2022-23 grant cycle up to $30,000.00, and it is further RESOLVED, the Town Clerk is hereby authorized and directed to prepare a certified copy of the foregoing resolution to be forwarded to the New York State Unified Court System along with the required documents. Also under new business, Town Clerk Rocco-Petrella apprised the Board that the “external vulnerability assessment” regarding the Town’s cyber security/internet infrastructure was complete, as authorized at the August 17, 2022 Town Board Meeting. Zelvin Security prepared and provided the confidential report, which indicated that the Town was in very good shape. Town Clerk Rocco-Petrella had a meeting with Zelvin Security and the Town’s IT provider, Plan First to review the report and to discuss and the possibility of conducting an “internal vulnerability assessment”. More information and a proposal for the service would be provided later. In other news, the Town’s Fall edition of the Talk of the Town Newsletter was released on September 15, 2022. The newsletter was available on the Town’s website or in paper format at the Town Clerk’s Office and can be mailed/emailed upon request. Town Clerk Rocco-Petrella thanked all those who contributed and announced that the next edition would be in December 2022. Supervisor Williams was pleased with the success of the newsletters and voiced his appreciation of Nick Alteri, part-time Clerk, who is responsible for the creative design and publication. Attorney DelVecchio reported: Subscription with Thomson Reuters for West Proflex - Online Legal Research: Attorney DelVecchio recalled that he was in negotiations with Thomson Reuters for several months regarding the Town’s subscription for law books and updates as well as the Westlaw online legal research platform. The result of the negotiations was that the Town no longer needed or wanted to receive hard copies of the law books or pocket part updates as they were very expensive. Instead, Attorney DelVecchio preferred access to the online legal research platform, West Proflex for a 36-month period at $307.00/month for year 1, $322.35/month for year 2, and $338.47 for year 3. Supervisor Williams suggested that the Town’s current law book be collection be housed in one location at the Town Hall and that they be updated as necessary in the future. RESOLUTION #259 AUTHORIZE TOWN ATTORNEY TO SUBSCRIBE TO THOMSON REUTERS FOR THE WEST PROFLEX ONLINE LEGAL RESEARCH SERVICES FOR A 36-MONTH PERIOD Motion by Councilman Leach Seconded by Councilman Donlick VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0 ADOPTED BE IT RESOLVED, the Town Board hereby authorizes Town Attorney, John DelVecchio to subscribe to Thomson Reuters for the West Proflex online legal research services for a 36-month period, for the cost of $307/month for year 1; $322.35/month for year 2; and $338.47/month for year 3 to be paid from the Town Attorney’s contractual budget account (A1420.4). Supervisor Williams reported: Income Level Limit for Senior Citizen Tax Exemptions: Supervisor Williams explained that Town Assessor, David Briggs approached him about increasing the income limit requirements for the Senior Citizens Tax Exemption from $22,500 to $30,000 as allowed by law. The income level has not increased for many years; increasing the limit would be helpful for senior citizens. He explained that the increase would not really affect the Town’s budget. SEPTEMBER 21, 2022 TOWN BOARD MEETING PAGE 4 RESOLUTION #260 APPROVE MODIFICATION OF INCOME ELIGIBILITY LEVEL FOR SENIOR CITIZENS TAX EXEMPTION REQUIREMENTS FOR THE TOWN OF CORTLANDVILLE Motion by Councilman Leach Seconded by Councilman Guido VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0 ADOPTED WHEREAS, the Town Board of the Town of Cortlandville by Resolution #194 of 1994, adopted December 7, 1994, established the maximum income eligibility level of $16,200.00 for exemption from taxation for real property owned by persons sixty-five (65) years of age or older, and WHEREAS, the Town Board of the Town of Cortlandville by Resolution #54 of 2008, adopted February 20, 2008, modified the maximum income eligibility level up to $22,200.00 for exemption from taxation for real property owned by persons sixty-five (65) years of age or older, with the percentage of exemption based on the maximum annual income range as authorized by Real Property Tax Law § 467-d, and WHEREAS, the Town Board desires to modify the levels of income and corresponding exemptions for persons over age sixty-five (65), now therefore BE IT RESOLVED, that the maximum income eligibility level of $22,200 as set forth in Resolution #54 of 2008 is hereby modified pursuant to and in accordance with Real Property Tax Law § 467-d, and it is further RESOLVED, the percentage of exemption shall be based on the maximum annual income range specified herein, as follows: INCOME RANGE PERCENTAGE OF EXEMPTION $ 0.00 to 25,000.00 50% $25,000.01 to 25,999.99 45% $26,000.00 to 26,999.99 40% $27,000.00 to 27,999.99 35% $28,000.00 to 28,899.99 30% $28,900.00 to 29,799.99 25% $29,800.00 to 30,699.99 20% AND IT IS FURTHER RESOLVED, this modification for Senior Citizens Tax Exemption shall take effect with the 2023 Town of Cortlandville Final Roll. ARPA Funds – Request from Lamont Memorial Free Library: Supervisor Williams apprised the Board that the Lamont Memorial Free Library has a new program dedicated to children and homeschool families. The Library was in the process of purchasing books for the program and requested the Town help subsidize the program to purchase materials for the children as it did earlier in the year with the grant award of $3,000 of the Town’s ARPA funds. The Library requested an additional $2,000 for the program. The Board supported the award of the funds, with Councilman Leach drawing attention to the fact that the Library did not request the full $5,000 offered during the Town’s first round of grant funding. RESOLUTION #261 AWARD FUNDS AND AUTHORIZE SUPERVISOR TO SIGN THE AMERICAN RESCUE PLAN ACT (ARPA) GRANT PROGRAM CONTRACT/AGREEMENT BETWEEN THE TOWN OF CORTLANDVILLE AND THE LAMONT MEMORIAL FREE LIBRARY IN THE AMOUNT OF $2,000 Motion by Councilman Cobb Seconded by Councilman Leach VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0 ADOPTED SEPTEMBER 21, 2022 TOWN BOARD MEETING PAGE 5 WHEREAS, per Town Board Resolution #193 of 2022, the Town Board awarded $3,000 to the Lamont Memorial Free Library from the Town’s awarded American Rescue Plan Act (ARPA) Coronavirus State & Local Fiscal Recovery Funds (SLFRF), and WHEREAS, the Lamont Memorial Free Library has requested an additional $2,000 to support a new program dedicated to children and homeschool families for the purchase of books and materials needed for the children, therefore BE IT RESOLVED, the Town Board does hereby award the Lamont Memorial Free Library, a not-for-profit organization, $2,000 from the Town’s awarded ARPA funds, and it is further RESOLVED, the Town Board hereby authorizes and directs the Supervisor to sign the ARPA Grant Program Contract/Agreement between the Town of Cortlandville and the Lamont Memorial Free Library in the amount of $2,000. Town Board reports: Councilman Leach commented on a notice he received from the State of New York Public Service Commission inviting public comment “concerning the proposed changes in the electric and gas delivery rates and practices of New York State Electric & Gas Corporation (NYSEG) and Rochester Gas and Electric Corporation (RG&E)”. Per the notice, issued August 19, 2022, the companies filed amendments to their electric and gas tariff schedules in May 2022 proposing to increase their annual delivery revenues. NYSEG proposed to increase its electric delivery revenues by approximately $274 million, which is a 31% increase in base delivery revenues or a 16.8% increase in total revenues. NYSEG proposed to increase its natural gas delivery revenues by approximately $43.4 million, a 19% increase in base delivery revenues or a 9.8% increase in total revenues. Councilman Leach asked Attorney DelVecchio to review the notice and suggested the Town submit comments to the Public Service Commission in opposition to the high rate increases. Attorney DelVecchio was provided with the notice to review and would report back to the Board at the next meeting if action can be taken. At this time in the meeting the Board moved on to new business items. Councilman Guido made a motion, seconded by Councilman Leach, to receive and file correspondence from New York State Homes and Community Renewal, dated September 15, 2022, regarding the Grant Agreement 6-month Completion Notice for the Town’s NYS Community Development Block Grant Economic Development Grant for 7-Valley Specialty Cable (CDBG #287ED967-21). All voting aye, the motion was carried. RESOLUTION #262 AUTHORIZE PAYMENT APPLICATION NO. 1 SUBMITTED BY SMITH SITE DEVELOPMENT, LLC 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 Payment Application No. 1 as submitted by Smith Site Development, LLC for payment in the amount of $166,452.78 for the Gutchess Lumber Sports Complex, which reflects the work completed to date ($175,213.45) minus the previous applications for payment ($0.00) and the five percent retainage ($8,760.67). RESOLUTION #263 ACKNOWLEDGE AND HONOR ALTON B. PARKER, FORMER CHIEF JUDGE OF THE NEW YORK COURT OF APPEALS AND THE DEMOCRATIC CANDIDATE FOR PRESIDENT OF THE UNITED STATES IN 1904, FOR HIS DISTINGUISHED CAREER AND CONNECTIONS TO OUR LOCAL COMMUNITY SEPTEMBER 21, 2022 TOWN BOARD MEETING PAGE 6 Motion by Councilman Leach Seconded by Councilman Donlick VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0 ADOPTED WHEREAS, Alton B. Parker, born May 14, 1852 in Cortlandville, New York, where a New York State historical sign marks the place of his birth, served as Chief Judge of the New York State Court of Appeals, New York’s highest court, and was the Democratic candidate for President of the United States in 1904 against incumbent President Theodore Roosevelt; and WHEREAS, Judge Parker had many connections to our local community as he taught in Virgil School, was a member of the first graduating class of the Cortland Normal School (predecessor to SUNY Cortland), and, on October 5, 1922, laid the cornerstone for the present Cortland County Courthouse where his portrait has been on display for many years; and WHEREAS, the Cortland County Court has commissioned a plaque to display next to Judge Parker’s portrait, to commemorate his career and recognize his connections to our local community; now therefore BE IT RESOLVED, the Town Board of the Town of Cortlandville hereby acknowledges Judge Alton B. Parker’s distinguished career and recognizes his many connections to our local community, and joins Hon. Mark G. Masler, Supreme Court Justice for the Sixth Judicial District and the Cortland County Court, in honoring him on October 5, 2022, the centennial of when he laid the cornerstone for the Cortland County Courthouse. RESOLUTION #264 APPROVE EXTRA WORK AUTHORIZATION NO. 5 FROM CHA FOR THE 2023 AND 2024 POST-CLOSURE MONITORING FOR THE SOUTH HILL DUMP SITE Motion by Councilman Leach Seconded by Councilman Donlick VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0 ADOPTED BE IT RESOLVED, the Town Board does hereby approve Extra Work Authorization No. 5 from CHA, dated September 9, 2022, for the 2023 and 2024 Post-Closure Monitoring for the South Hill Dump Site, to provide professional engineering services in connection with post-closure monitoring in accordance with procedures and protocols included in the approved December 2015 Site Management Plan (SMP) prepared by MACTEC Engineering and Consulting, P.C., for the total cost of $15,800.00 to complete work as follows: 2023: Annual Inspection - $1,800 2024: Annual Inspection - $1,800; Groundwater Monitoring - $8,550; Periodic Review Report - $3,650. RESOLUTION #265 AUTHORIZE PAYMENT TO GENSON OVERHEAD DOOR IN THE AMOUNT OF $8,383.70 FOR WORK COMPLETED AT THE TOWN HIGHWAY DEPARTMENT AND AMEND TOWN BOARD RESOLUTION #159 OF 2022 Motion by Councilman Cobb Seconded by Councilman Leach VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0 ADOPTED WHEREAS, per Town Board Resolution #159 of 2022, adopted May 18, 2022, the Town Board authorized the purchase and installation of a new insulated overhead garage door (12’x13’6”) from Genson Overhead Door Inc. for the Town Highway Garage (old garage) in the amount of $5,515.00, and WHEREAS, per Highway Superintendent Drach, the wrong quote was provided to the Board for approval, and SEPTEMBER 21, 2022 TOWN BOARD MEETING PAGE 7 WHEREAS, the quote from Genson Overhead Door Inc. in the amount of $8,075.00 for a 16’2”x14’ door, and $308.70 for the labor, seal and screws for the repair of a second ov erhead door was intended to be submitted, therefore BE IT RESOLVED, the Town Board hereby authorizes payment in the amount of $8,383.70 to Genson Overhead Door, Inc. for the replacement of a new overhead garage door (16’2”x14’) and for the labor, seal and screws for the repair of a second overhead door (12’x13’6”) at the Town Highway Department, and it is further RESOLVED, Town Board Resolution #159 of 2022 is hereby amended, and it is further RESOLVED, correspondence from Highway Superintendent Drach dated September 8, 2022 is hereby received and filed. There was a brief discussion regarding agenda item I-10 regarding the potential sale of 5,000-6,000 yards of surplus topsoil that has accumulated because of Phase 1 and Phase 2 construction at the Gutchess Lumber Sports Complex (GLSC). Highway Superintendent Drach was developing a plan to dispose of the topsoil and determining the appropriate price per yard. Supervisor Williams explained that a Request for Proposal (RFP) would likely be sought, and the highest responsible bidder would be selected. No action was necessary at this time. Supervisor Williams apprised the Board that quotes were requested and received for painting the interior of the Raymond G. Thorpe Municipal Building (Town Hall). The interior has not been painted since Town Hall was renovated in 2007. Supervisor Williams requested the Board discuss a potential contract in executive session, with action to be taken afterward. Councilman Leach questioned whether the Town should wait to paint the interior until after the new entranceway is constructed. Supervisor Williams suggested they not delay the painting and that the proposed entranceway would require minimal touchups. With no further comments or discussion to be heard, Supervisor Williams requested the Board convene to an Executive Session to discuss contracts and personnel. He anticipated that action would be taken after Executive Session. Councilman Leach made a motion, seconded by Councilman Cobb to recess the Regular Meeting to an Executive Session to discuss personnel. All voting aye, the motion was carried. The meeting was recessed at 5:40 p.m. Councilman Cobb 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 6:06 p.m. RESOLUTION #266 AWARD FUNDS AND AUTHORIZE SUPERVISOR TO SIGN THE AMERICAN RESCUE PLAN ACT (ARPA) GRANT PROGRAM CONTRACT/AGREEMENT BETWEEN THE TOWN OF CORTLANDVILLE AND THE CORTLAND COMMUNITY SPCA IN THE AMOUNT OF $20,000 Motion by Councilman Leach Seconded by Councilman Donlick VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0 ADOPTED BE IT RESOLVED, the Town Board does hereby award the Cortland Community SPCA, a not- for-profit organization, $20,000 from the Town’s awarded American Rescue Plan Act (ARPA) Coronavirus State & Local Fiscal Recovery Funds (SLFRF), and it is further RESOLVED, the Town Board hereby authorizes and directs the Supervisor to sign the ARPA Grant Program Contract/Agreement between the Town of Cortlandville and the Cortland Community SPCA in the amount of $20,000. SEPTEMBER 21, 2022 TOWN BOARD MEETING PAGE 8 Regarding the painting of the interior of the Raymond G. Thorpe Municipal Building Supervisor Williams explained that three quotes were received. The second lowest quote was from Rivers Painting of CNY Inc. for $15,995 with a 10% discount if the contract was signed before November 1, 2022. Supervisor Williams complimented Julie Gross and Amanda Rainbow for their efforts in obtaining the quotes and selecting paint colors for the building. RESOLUTION #267 ACCEPT PROPOSAL FROM RIVERS PAINTING OF CNY INC. FOR THE INTERIOR PAINTING OF THE RAYMOND G. THORPE MUNICIPAL BUILDING Motion by Councilman Cobb Seconded by Councilman Donlick VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0 ADOPTED WHEREAS, proposals were requested from painting companies for the interior painting of the Raymond G. Thorpe Municipal Building in 2022 and were received as follows: Painting by Potter $13,575 62 Hamlin Street Cortland, NY 13045 Rivers Painting of CNY Inc. $15,995 with 10% discount if signed by 11/1/2022 7 Douglas Street Cortland, NY 13045 Donald Romer $24,900 1248 Starr Road Cortland, NY 13045 NOW THEREFORE, BE IT RESOLVED, the Town Board hereby accepts the proposal from Rivers Painting of CNY Inc., 7 Douglas Street, Cortland, New York, for the interior painting of the Raymond G. Thorpe Municipal Building located at 3577 Terrace Road, Cortland, New York, for the total cost of $15,995 with a 10% discount, with work to be completed by the end of 2022, and it is further RESOLVED, the Supervisor is hereby authorized and directed to sign the proposal prior to November 1, 2022, to secure the 10% discount. No further comments or discussion were heard. Supervisor Williams adjourned the Regular Meeting at 6:08 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 September 30, 2022. The final version of this meeting was approved as written at the Town Board meeting of October 5, 2022.