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Home My WebLink AboutB - 03 Town Board Minutes 03/15/23 MARCH 15, 2023 5:03 P.M. TOWN BOARD MEETING The Regular Meeting of the Town Board of the Town of Cortlandville was held at the Raymond G. Thorpe Municipal Building, 3577 Terrace Road, Cortland, New York with Supervisor Williams presiding. Members present: Supervisor, Thomas A. Williams Councilman, David J. Donlick Councilman, Jeffrey D. Guido Councilman, Gregory K. Leach Town Clerk, Kristin E. Rocco-Petrella Absent: Councilman, Jay E. Cobb Others present were: Deputy Town Clerk, Abigail Albro; Highway Superintendent, Larry Drach; Recreation Director, John McNerney; News Reporter: Jacob Mack from the Cortland Standard. Others joining via Zoom video/telephone conference: Assistant to the Supervisor, Amanda Rainbow; News Reporter: Eddie Velasquez from Cortland Voice. Supervisor Williams called the Regular Meeting to order. RESOLUTION #105 AUTHORIZE SUPERVISOR TO SIGN PURCHASE ORDER #0215 TO SCHOOL OUTFITTERS FOR THE PURCHASE OF TWENTY-FIVE (25) 35-GALLON TRASH CANS WITH LINERS IN AN AMOUNT NOT TO EXCEED $5,847.00 Motion by Councilman Guido Seconded by Councilman Leach VOTES: AYE – Williams, Donlick, Guido, Leach NAY – 0 ABSENT – Cobb ADOPTED BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to sign Purchase Order #0215, as submitted by Recreation Director, John McNerney to be paid to School Outfitters for the purchase of twenty-five (25) 35-gallon trash cans with liners (green with swing door), for the total amount not to exceed $5,847.00. RESOLUTION #106 AUTHORIZE PAYMENT OF VOUCHERS – MARCH Motion by Councilman Leach Seconded by Councilman Donlick VOTES: AYE – Williams, Donlick, Guido, Leach NAY – 0 ABSENT – Cobb ADOPTED BE IT RESOLVED, the vouchers submitted have been audited and shall be paid as follows: Funds A, B, DA, DB, Voucher #257-348 HG, SF, SS, SW General Fund A $ 213,393.92 General Fund B $ 90,532.11 Highway Fund DA $ 0.00 Highway Fund DB $ 23,520.49 Gutchess Lumber SC Project HG $ 77,595.60 C’Ville Fire District SF $ 0.00 Sewer Fund SS $ 82,644.27 Water Fund SW $ 42,863.02 Funds CD1, CD3, CD4 Voucher #(None) BMills Rehab CD1 $ 0.00 Town Wide Rehab CD3 $ 28,097.88 Business Devl CD4 $ 0.00 Funds TA, TE Voucher #8-8 Trust & Agency TA $ 207.00 Expendable Trust TE $ 0.00 MARCH 15, 2023 TOWN BOARD MEETING PAGE 2 Supervisor Williams acknowledged there were no requests for privilege of the floor. Councilman Leach made a motion, seconded by Councilman Donlick, to receive and file the following monthly and annual reports: 1. Code Enforcement Officer, Kevin McMahon – February 2023; 2. Water & Sewer Department – February 2023; 3. Tax Collector – February 2023; 4. Town Clerk – February 2023; 5. Code Enforcement Officer, Desiree Campbell – February 2023; 6. Cortland Community SPCA – February 2023; and 7. Town Justice Mathey and Town Justice DeMarco – February 2023. All voting aye, the motion was carried. RESOLUTION # 107 ACCEPT ANNUAL REPORT OF TOWN RMO AND SCHEDULE OF DISPOSED RECORDS IN 2022 IN ACCORDANCE WITH THE RETENTION AND DISPOSITION SCHEDULE Motion by Councilman Leach Seconded by Councilman Guido VOTES: AYE – Williams, Donlick, Guido, Leach NAY – 0 ABSENT – Cobb ADOPTED BE IT RESOLVED, the Town Board does hereby accept the Annual Report of the Records Management Officer of the Town as submitted by the Town Clerk/Records Management Officer, Kristin Rocco-Petrella, including a list of the disposed records in 2022, in accordance with the Records Retention and Disposition Schedule, LGS-1. Under new business, Town Clerk Rocco-Petrella announced that the Spring 2023 edition of the Talk of the Town Newsletter was available today. The newsletter could be found on the Town’s website or at the Town Clerk’s office. Part-time Clerk and Town Historian, Nick Alteri was thanked for his efforts in making the publication come to life. Attorney DelVecchio did not have any new business to report, however he requested an Attorney-Client privileged meeting at the end of the meeting to discuss some legal matters. Supervisor Williams reported: Recording Secretary for Town Planning Board and ZB Supervisor Williams explained that due to the retirement of Joan Fitch as the Recording Secretary for the Town Planning Board and Zoning Board of Appeals there was a vacancy. He suggested the Board appoint Abigail Albro as the Recording Secretary at the same hourly salary, to be effective March 16, 2023. RESOLUTION #108 APPOINT ABIGAIL C. ALBRO AS THE RECORDING SECRETARY FOR THE TOWN OF CORTLANDILLE PLANNING BOARD AND ZONING BOARD OF APPEALS, EFFECTIVE MARCH 16, 2023 Motion by Councilman Guido Seconded by Councilman Leach VOTES: AYE – Williams, Donlick, Guido, Leach NAY – 0 ABSENT – Cobb ADOPTED BE IT RESOLVED, the Town Board does hereby appoint Abigail C. Albro as the Recording Secretary for the Town of Cortlandville Planning Board and Zoning Board of Appeals, effective March 16, 2023, at a rate of $30.00 per hour. MARCH 15, 2023 TOWN BOARD MEETING PAGE 3 Display of Artwork at Town Hall: Supervisor Williams displayed a painting of a blue heron by Kathy Smith, wife of former Town Engineer, Hayne Smith. He proposed the Town create a spot in the Town Hall for displaying artwork and asked the Town name Kathy as “Resident Artist” for the Town of Cortlandville as a tribute to her. RESOLUTION # 109 DECLARE KATHY SMITH AS “RESIDENT ARTIST” FOR THE TOWN OF CORTLANDVILLE Motion by Councilman Guido Seconded by Councilman Donlick VOTES: AYE – Williams, Donlick, Guido, Leach NAY – 0 ABSENT – Cobb ADOPTED BE IT RESOLVED, the Town Board does hereby declare Kathy Smith as “Resident Artist” for the Town of Cortlandville as a tribute to her and her artwork, which shall be displayed prominently in the Town Hall. Purchase of New Truck – 2022 Chevrolet Silverado: At the request of Supervisor Williams, Highway Superintendent Drach explained that at the December 7, 2022 Town Board meeting he was given approval to purchase a 2024 International Truck, a plow package, and 7-year warranty for the total cost of $234,680.12. The truck was budgeted for in the 2023 budget, however due to matters out of his control the truck will not be delivered or purchased until the end of the year in 2024. Due to the truck not being available until 2024, Highway Superintendent Drach requested authorization to purchase a 2022 (new leftover model) Chevrolet Silverado heavy duty 6500 series truck, which he did not plan to request approval for until 2024. He thanked the Board for their consideration, mentioning that quality equipment assists the Highway Department in supplying service to the community. Councilman Guido commented Superintendent Drach for being proactive about replacing equipment as needed, which keeps maintenance costs low. RESOLUTION #110 AUTHORIZE HIGHWAY SUPERINTENDENT TO PURCHASE ONE NEW 2022 CHEVROLET SILVERADO MD (CK54603) 4WD REG CAB WORK TRUCK FOR THE TOTAL AMOUNT OF $98,650.00, IN ACCORDANCE WITH THE TOWN’S PROCUREMENT POLICY Motion by Councilman Guido Seconded by Councilman Donlick VOTES: AYE – Williams, Donlick, Guido, Leach NAY – 0 ABSENT – Cobb ADOPTED WHEREAS, per Town Board Resolution 347# of 2022, adopted December 7, 2022, the Town Board authorized the purchase of a 2024 International Truck HV513 SFA 4X2 in the amount of $137,819.00 (Allegiance Trucks) and a plow package in the amount of $92,561.12 (Viking Cives quote #CB00000035) including a 7-year engine and after treatment warranty for the total cost of $4,300.00, for the total amount of $234,680.12, and WHEREAS, per Highway Superintendent Drach the 2024 International Truck will not be available for purchase/delivery until the end of the year 2024, and WHEREAS, Highway Superintendent Drach has therefore requested authorization to purchase one (1) new 2022 Chevrolet Silverado heavy duty 6500 series truck with a stainless-steel box from Joe Basil Chevrolet for the total cost of $98,650.00, while he waits for the 2024 International Truck to be purchased/delivered in 2024, therefore BE IT RESOLVED, the Town Board does hereby authorize and direct the Town Highway Superintendent to proceed in accordance with the Town’s procurement policy to purchase a 2022 Chevrolet Silverado (leftover model) MD (CK56403) 4WD Reg Cab Work Truck with a stainless- steel box from Joe Basil Chevrolet, for the total amount of $98,650.00. MARCH 15, 2023 TOWN BOARD MEETING PAGE 4 New Production Well – Byrne Hollow Crossing: Supervisor Williams asked the Board to approve the expenditure of up to $250,000 for the installation of a new production well and two monitoring wells for use during the aquifer testing by drilling contractor (requires public bidding), to be located off Byrne Hollow Crossing. Supervisor Williams explained the expenditure would be contingent upon the land acquisition from Byrne Dairy (C’Ville, LLC). The Town had an agreement to go onto the property for test wells, however if the Town wants to move ahead with a new production well that the Town would need control of the land. The matter would be addressed by Attorney DelVecchio. There was a brief discussion amongst the Board regarding the need for the new production well and how the Town would pay for the total project cost, which was estimated at over $4 million. RESOLUTION #111 APPROVE EXPENDITURE OF UP TO $250,000.00 FOR THE INSTALLATION OF THE PRODUCTION WELL AND TWO MONITORING WELLS ON PROPERTY LOCATED OFF BYRNE HOLLOW CROSSING, CONTINGENT UPON THE ACQUISITION OF LAND FROM C’VILLE, LLC Motion by Councilman Leach Seconded by Councilman Guido VOTES: AYE – Williams, Donlick, Guido, Leach NAY – 0 ABSENT – Cobb ADOPTED BE IT RESOLVED, the Town Board does hereby approve the expenditure of up to $250,000 for the installation of the production well and two monitoring wells for use during the aquifer testing by drilling contractor (public billing required), in which CHA, the Town’s engineering firm, will provide oversight and documentation of well installation activities for the new production well to be located off of Byrne Hollow Crossing, and it is further RESOLVED, the expenditure shall be contingent upon the acquisition of land from C’Ville, LLC. CEDAR Program – CEO, Kevin McMahon: Supervisor Williams apprised the Board he received a request from CEO, Kevin McMahon to participate in the New York State Code Enforcement Disaster Assistance Response (CEDAR) program. CEO McMahon’s application was already accepted by the State. Support was needed from the Town Board to allow him to participate in the program, including the occasional training, drills and response to assist a community that is in need following a disaster. Supervisor Williams mentioned that since the Town has more than one CEO, the occasional absence would not have a negative impact on the operation of the Town. He also mentioned that CEDAR volunteers are provided with workers’ compensation and are indemnified by NYS while deployed. RESOLUTION #112 AUTHORIZE CODE ENFORCEMENT OFFICER, KEVIN MCMAHON TO PARTICIPATE IN THE NEW YORK STATE CODE ENFORCEMENT DISASTER ASSISTANCE RESPONSE (CEDAR) PROGRAM Motion by Councilman Donlick Seconded by Councilman Guido VOTES: AYE – Williams, Donlick, Guido, Leach NAY – 0 ABSENT – Cobb ADOPTED BE IT RESOLVED, the Town Board does hereby authorize Town Code Enforcement Officer, Kevin McMahon to participate in the New York State Code Enforcement Disaster Assistance Response (CEDAR) program, which provides volunteer Code Enforcement Officials, Building Safety Inspectors, and Registered Design Professionals that conduct rapid safety assessments on buildings that have been damaged as a result of a disaster, and it is further RESOLVED, the Town Board supports Mr. McMahon in the participation in the CEDAR program, which includes the occasional training, drills, and response to assist a community that is in need following a disaster. MARCH 15, 2023 TOWN BOARD MEETING PAGE 5 At this time in the meeting the Board proceeded with new business items. RESOLUTION #113 AUTHORIZE APPROVAL OF PAYMENTS (DRAW #10) REGARDING THE TOWN’S 2021 COMMUNITY DEVELOPMENT BLOCK GRANT TOWN-WIDE HOUSING REHABILITATION PROGRAM (CDBG #287HR317-21) Motion by Councilman Guido Seconded by Councilman Leach VOTES: AYE – Williams, Donlick, Guido, Leach NAY – 0 ABSENT – Cobb ADOPTED BE IT RESOLVED, the Town Board does hereby authorize approval of payments (Draw #10) for the following regarding the Town’s 2021 Community Development Block Grant Town-Wide Housing Rehabilitation Program (CDBG #287HR317-21): Reome Electric & General Contracting – Payment to contractor (Wells) - $15,000.00 Hines Plumbing, Heating & AC – Payment to contractor (Wells) - $826.92 Hammer & Nail Home Improvement – Payment to contractor (Wheeler) – $17,475.00 RESOLUTION #114 AUTHORIZE SUPERVISOR TO SIGN THE AFFIDAVIT REGARDING THE TOWN’S 2021 COMMUNITY DEVELOPMENT BLOCK GRANT TOWN-WIDE HOUSING REHABILITATION PROGRAM (CDBG #287HR317-21) BETWEEN THE TOWN AND RANDI L. MOWRY AND JEANIE M. MOWRY Motion by Councilman Leach Seconded by Councilman Guido VOTES: AYE – Williams, Donlick, Guido, Leach NAY – 0 ABSENT – Cobb ADOPTED BE IT RESOLVED, the Town Board does hereby authorize the Supervisor to sign the Affidavit regarding the Town’s 2021 Community Development Block Grant (CDBG #287HR317-21) Town- Wide Housing Rehabilitation Program, between the Town of Cortlandville and Randi L. Mowry and Jeanie M. Mowry, 5 West Main Street, McGraw, New York regarding the extension of loan funds from the Town’s CDBG Program, for the total amount of $36,286.80. RESOLUTION #115 AUTHORIZE SUPERVISOR TO SIGN THE AFFIDAVIT REGARDING THE TOWN’S 2021 COMMUNITY DEVELOPMENT BLOCK GRANT TOWN-WIDE HOUSING REHABILITATION PROGRAM (CDBG #287HR317-21) BETWEEN THE TOWN AND SHARON E. HOLL Motion by Councilman Leach Seconded by Councilman Guido VOTES: AYE – Williams, Donlick, Guido, Leach NAY – 0 ABSENT – Cobb ADOPTED BE IT RESOLVED, the Town Board does hereby authorize the Supervisor to sign the Affidavit regarding the Town’s 2021 Community Development Block Grant (CDBG #287HR317-21) Town- Wide Housing Rehabilitation Program, between the Town of Cortlandville and Sharon E. Holl, 3657 Luker Road, Cortland, New York regarding the extension of loan funds from the Town’s CDBG Program, for the total amount of $45,048.20. Councilman Guido made a motion, seconded by Councilman Donlick, to receive and file and acknowledge correspondence from Supervisor Williams to Lindsay Kirk, Economic Developer, NYS Homes and Community Renewal, dated March 8, 2023, requesting a 12-month extension until March 14, 2024 for the 2021 CDBG Economic Development Grant #287ED967- 21 for the Seven Valley Specialty Cables (7VSC) project. All voting aye, the motion was carried. MARCH 15, 2023 TOWN BOARD MEETING PAGE 6 Councilman Guido made a motion, seconded by Councilman Leach, to receive and file correspondence from Charles Philon, Program Director, NYS Homes and Community Renewal to Supervisor Williams, dated March 10, 2023, acknowledging and approving the Town’s request for a 12-month extension until April 1, 2024 (project completion date) for the 2021 CDBG Economic Development Grant #287ED967-21 for the Seven Valley Specialty Cables (7VSC) project. All voting aye, the motion was carried. RESOLUTION #116 DECLARE THE MONTH OF APRIL AS FAIR HOUSING MONTH IN THE TOWN OF CORTLANDVILLE Motion by Councilman Leach Seconded by Councilman Donlick VOTES: AYE – Williams, Donlick, Guido, Leach NAY – 0 ABSENT – Cobb ADOPTED WHEREAS, in accordance with the Title VIII Fair Housing Policy of the Civil Rights Act of 1968 and the Fair Housing Amendments Act of 1988, and WHEREAS, the month of April 2023 has been designated by the US Department of Housing and Urban Development’s Office of Fair Housing and Equal Opportunity as Fair Housing Month, now therefore BE IT RESOLVED, the Town Board of the Town of Cortlandville hereby declares and proclaims the month of April as Fair Housing Month in the Town. RESOLUTION #117 ACKNOWLEDGE NOTIFICATION FROM THE STATE FOR FILING OF LOCAL LAW NO. 1 OF 2023 AND LOCAL LAW NO. 2 OF 2023 Motion by Councilman Guido Seconded by Councilman Donlick VOTES: AYE – Williams, Donlick, Guido, Leach NAY – 0 ABSENT – Cobb ADOPTED BE IT RESOLVED, the New York State Department of State acknowledged receipt of Local Law No. 1 of 2023, “A Local Law Amending the Town of Cortlandville’s Chapter 86 Fire Prevention and Building Code Administration”, and Local Law No. 2 of 2023, “A Local Law Amending the Town of Cortlandville’s Chapter 1 General Provisions §1-7 Amendments to Code”, to be effective February 14, 2023. RESOLUTION #118 APPROVE QUOTES FROM PLAN FIRST TECHNOLOGIES TO PROVIDE A 2-YEAR LICENSE FOR SONICWALL TZ470 AND MANAGED BACKUP SERVICES FOR TOWN COMPUTERS/SERVERS Motion by Councilman Guido Seconded by Councilman Donlick VOTES: AYE – Williams, Donlick, Guido, Leach NAY – 0 ABSENT – Cobb ADOPTED BE IT RESOLVED, the Town Board does hereby approve the quote from Plan First Technologies (received February 28, 2023) for Essential Protection Services Suite – 2 Year License for Sonicwall TZ470 for the cost of $1,445.86, as well as the quote for Managed Backup Services for the Town computers (includes 3VM’s and 2TB Cloud storage) for the monthly charge of $116.96, and Managed Backup Services for the Water/Sewer Server, for the monthly charge of $191.25, and it is further RESOLVED, the Supervisor is hereby authorized and directed to sign the quotes for the services. MARCH 15, 2023 TOWN BOARD MEETING PAGE 7 RESOLUTION #119 AUTHORIZE PAYMENT APPLICATION NO. 6 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, Donlick, Guido, Leach NAY – 0 ABSENT – Cobb ADOPTED BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to execute Payment Application No. 6 as submitted by Smith Site Development, LLC for payment in the amount of $77,295.60 for the Gutchess Lumber Sports Complex Phase 2, which reflects the work completed and stored to date ($2,870,742.17) minus the previous applications for payment ($2,649,909.46) and the five percent retainage ($143,537.11). RESOLUTION #120 AUTHORIZE TRANSFER OF FUNDS TO BALANCE ACCOUNTS FOR THE 2022 BUDGET Motion by Councilman Guido Seconded by Councilman Leach VOTES: AYE – Williams, Donlick, Guido, Leach NAY – 0 ABSENT – Cobb ADOPTED BE IT RESOLVED, the Budget Officer is hereby authorized and directed to transfer funds (final) to adjust the accounts of the 2022 Budget for the Town of Cortlandville as follows: 1) GENERAL FUND A - TOWN WIDE: Transfer $3,191.12 FROM TO AMOUNT A5010.4 A5010.1 $ 0.02 A1670.4 A1650.4 $ 2,591.65 A5132.2 A5132.4 $ 523.33 A7110.41 A7110.4 $ 67.12 TOTAL: $ 3,191.12 2) GENERAL FUND B - PART TOWN: Transfer $37.36 FROM TO AMOUNT B41460.4 B4020.4 $ 37.36 TOTAL: $ 37.36 3) HIGHWAY FUND – PART TOWN DB: $16,944.85 FROM TO AMOUNT DB5130.1 DB5130.4 $ 16,944.85 TOTAL: $ 16,944.85 4) SS – SEWER FUND: Transfer $4.29 FROM TO SS8120.41 SS8120.4 $ 4.29 TOTAL: $ 4.29 5) SW – WATER FUND: Transfer $4,599.46 FROM TO SW8310.1 SW8310.4 $ 199.46 SW8320.41 SW8320.4 $ 4,400.00 TOTAL: $ 4,599.46 Councilman Guido made a motion, seconded by Councilman Leach, to receive and file correspondence from Town of Hempstead Assemblyman, Edward P. Ra, dated March 7, 2023, in opposition of Governor Kathy Hochul’s 2024 Executive Budget proposal referred to as “The New York Housing Compact”, which will allow the state government to override the authority of local zoning laws in regards to building 800,000 homes statewide over the next decade to achieve their target housing growth. All voting aye, the motion was carried. MARCH 15, 2023 TOWN BOARD MEETING PAGE 8 With no further comments or discussion to be heard, Supervisor Williams adjourned the Regular Meeting. The meeting was adjourned at 5:29 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 March 21, 2023. The final version of this meeting was approved as written at the Town Board meeting of .