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Home My WebLink AboutB - 05 Town Board Minutes 07/19/2023 JULY 19, 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, Jeffrey D. Guido Councilman, Jay E. Cobb Councilman, David J. Donlick Councilman, Gregory K. Leach Town Clerk, Kristin E. Rocco-Petrella Others present: Town Attorney, John DelVecchio; Deputy Town Clerk, Abigail Albro; K. Yang; Sydney Dawson and her two daughters; Town Resident: Stephen Flatt. Others present via Zoom video/telephone conference: Assistant to the Supervisor, Amanda Rainbow; and News Reporter: Eddie Velasquez from Cortland Voice. Supervisor Williams called the Regular Meeting to order. Councilman Leach made a motion, seconded by Councilman Guido, to approve the Draft Town Board Minutes of June 28, 2023 and July 5, 2023. All voting aye, the motion was carried. RESOLUTION #223 AMEND 2023 BUDGET AND AUTHORIZE TRANSFER OF FUNDS Motion by Councilman Cobb Seconded by Councilman Donlick VOTES: AYE – Cobb, Donlick, Guido, Leach NAY – 0 ABSENT – Williams ADOPTED BE IT RESOLVED, the Budget Officer is hereby authorized and directed to transfer funds to adjust the accounts of the 2023 Budget for the Town of Cortlandville as follows: BUDGET JOURNAL ENTRIES: Debit Credit Amount Reason A1620.4 A1620.2 $ 6,065.00 Modular replaced compressor/12 chairs for Town Hall A599 A7110.2 $102,243.00 Equipment for two new fields A7110.44 A7110.4 $ 20,000.00 Expenses higher while work on setting up fields - Phase 2 A1990.4 A7510.1 $ 7,270.00 Historian salary change A4089 A9901.9 $200,000.00 To cover Phase 2 exp. Smith Site Development DB5110.1 DB5130.1 $ 6,118.00 Switched to other salary account GENERAL JOURNAL ENTRIES: Debit Credit Amount Reason A694 A4089 $200,000.00 Phase 2 Expenses (reducing deferred revenue & Fed Aid) A9901.9 A201 $200,000.00 Phase 2 Expenses (Show expense out of GFA) HG201 HG5031 $200,000.00 Phase 2 (Showing money coming into HG project fund) RESOLUTION #224 AUTHORIZE PAYMENT OF VOUCHERS – JULY 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: JULY 19, 2023 TOWN BOARD MEETING PAGE 2 Funds A, B, DA, DB, Voucher #952-1025 HG, SF, SS, SW General Fund A $ 50,397.78 General Fund B $ 7,598.82 Highway Fund DA $ 0.00 Highway Fund DB $ 200,394.22 Gutchess Lumber SC Project HG $ 1,637.25 C’Ville Fire District SF $ 0.00 Sewer Fund SS $ 2,679.35 Water Fund SW $ 15,524.85 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 #21-22 Trust & Agency TA $ 52,754.06 Expendable Trust TE $ 0.00 Supervisor Williams offered privilege of the floor to Sydney Dawson. Sydney Dawson, Cortland County resident, voiced concerns regarding the use of the Cortland Free Library tax dollars to fund a recent Cortland Pride event held at Cortland County Courthouse Park. She spoke about the event, which included a drag show, and participation from the Cortland Free Library and Cortland Counseling services, and the use of the facilities for the planning and coordination of the event. Ms. Dawson voiced concerns regarding the library’s budget, which she said recently increased 8%, and the use of the funds and library facilities. Ms. Dawson also spoke about her concerns regarding the Cortland Counseling Services and the counselors that are in the local schools, and the new California Bill 957 and the rights of parents as it relates to the gender of their children. Ms. Dawson stated that she wants to make the public aware of how their tax dollars are being spent. Supervisor Williams thanked Ms. Dawson for her comments and informed her that the Town of Cortlandville does not subsidize the Cortland Free Library and that the library tax on the Cortland City school tax bill funds the library. The Town subsidizes the Lamont Memorial Free Library in the Village of McGraw as it is located within the Town. Supervisor Williams offered privilege of the floor to K. Yang. K. Yang circulated three documents to the Board and Town Clerk for the record concerning the 2023 public all-ages drag show that was held at the Cortland County Courthouse Park. (“Drag is not Family Friendly”; “We Do Not Consent: A Report by K. Yang in Partnership with Cortland County Residents”; and “Stakeholders Behind the Cortland LGBTQ Center’s 2023 Public All- Ages Drag Show”. Ms. Yang voiced her concerns regarding gender identity, female erasure, and the “family-friendly” drag show held at the Cortland County Courthouse Park, an event she stated was not permitted by the City Common Council, that she did not agree was appropriate for children. She voiced concerns for the youth and “confusion being created in our young people” and gave examples of her concerns. Ms. Yang indicated that she would be back to inform the Board about these issues. Supervisor Williams and members of the Board thanked Ms. Yang for her comments. Councilman Leach made a motion, seconded by Councilman Donlick, to receive and file the following monthly reports: 1. Town Justice Mathey and Town Justice DeMarco – June 2023; 2. Town Justice DeMarco – May 2023 (Corrected); 3. Cortland Community SPCA – June 2023; and 4. Town Supervisor – June 2023. All voting aye, the motion was carried. Councilman Leach made a motion, seconded by Councilman Donlick, to receive and file the Cortland County Workers’ Compensation Self Insurance Fund Report as of June 30, 2023 (Cash Basis), received from Andrea Herzog, Cortland County Finance Director. All voting aye, the motion was carried. Councilman Cobb made a motion, seconded by Councilman Leach, to receive and file correspondence from Charter Communications, dated July 7, 2023, regarding programming services. All voting aye, the motion was carried. JULY 19, 2023 TOWN BOARD MEETING PAGE 3 Under new business, Town Clerk Rocco-Petrella informed the Board that due to weather, the ceremony for the South Cortland Cemetery marker unveiling was postponed from July 9, 2023 to July 30, 2023 at 1:00 p.m. She encouraged members of the Board and the community to attend the ceremony. Town Clerk Rocco-Petrella presented the Board with a memo from Thoma Development regarding a New Applicant Approval Request for Bethany Cutler, 3628 Allen Drive, for a 100% deferred loan for the 2021 Community Development Block Grant Town-Wide Housing Rehabilitation Program. She asked the Board to take action on the approval request. RESOLUTION #225 AUTHORIZE NEW APPLICANT APPROVAL REQUEST OF BETHANY CUTLER FOR THE 2021 COMMUNITY DEVELOPMENT BLOCK GRANT TOWN-WIDE HOUSING REHABILITATION PROGRAM (CDBG #287HR317-21) 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 the new applicant approval request of Bethany Cutler for property located at 3628 Allen Drive in the Town of Cortlandville, for a 100% deferred loan for the 2021 Community Development Block Grant Town-Wide Housing Rehabilitation Program (CDBG #287HR317-21), and it is further RESOLVED, the work to be completed includes roofing, electric, interior and exterior carpentry, windows and doors, for a total cost of $30,250.00. Attorney DelVecchio had no new business to report, however he requested an Attorney- Client privilege meeting at the end of the meeting. He did not expect any action to be taken as a result of the meeting. Supervisor Williams reported: Request for Refund – Park Rental of Electric Box: Supervisor Williams explained that the Highway Superintendent received a request from… RESOLUTION #226 AUTHORIZE REFUND OF $20.00 TO DEBORAH JOHNSON FOR THE RENTAL OF THE ELECTRIC CART AT THE BLODGETT MILLS PARK PAVILION AS IT COULD NOT BE USED Motion by Councilman Leach Seconded by Councilman Cobb VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0 ADOPTED WHEREAS, the Town Highway Superintendent received a request from Deborah Johnson for a refund of $20.00 for the rental of the electric cart at the Blodgett Mills Park as the electric box was not turned on and could not be used during her July 15, 2023 rental of the park, therefore BE IT RESOLVED, the Town Board hereby authorizes and directs a refund of $20.00 to Ms. Johnson for the non-use of the electric cart. Ferris Mower - Fire: Supervisor Williams informed the Board that one of the Town Highway Department’s Ferris mowers (purchased in 2020 from CNY) caught fire on May 18, 2023. Highway Superintendent Drach received a quote from CNY Farm Supply in the amount of $8,168.32 for parts/labor/shipping to repair the mower. Prior to the Board authorizing the repair, Highway JULY 19, 2023 TOWN BOARD MEETING PAGE 4 Superintendent Drach would report the loss to the Town’s insurance company and inquire about coverage. Financial Administrator – Successful Completion of Course: Supervisor Williams announced that Megan Johnson, Financial Administrator received an A in the Business Ethics and Professionalism course she just completed. He asked the Board to congratulate her for her efforts. Vacancy in Assessor’s Office: Supervisor Williams informed the Board that the Town Assessor would be advertising in the Cortland Standard, on the Town’s Website, and Instagram for the vacant position of Real Property Assistant for the Town Assessor. In the interim, Assessor Briggs made arrangements with former Assessment Clerk, Valerie Hall to work in the office on Mondays and Thursdays from 8:30 a.m. to 12:00 p.m. Assessor Briggs will be in the office on Tuesday and Wednesday mornings per his usual schedule and will be available by appointment. Repair/Rebuild Ball Field at McGraw Recreation Center: Supervisor Williams mentioned that County Legislator, Joe Nauseef and a group of parents in McGraw that support the McGraw Softball team were running a fundraiser to raise money to repair/rebuild the ball field at the McGraw Recreation Center. The goal was $16,000 with over $3,000 already raised in donations. Supervisor Williams suggested that the Town could perhaps help or send the Town’s highway personnel to assist. He suggested to Mr. Nauseef that at the end of the fundraising efforts that he send a letter to the Town if they need assistance; the Board could discuss possible action. Executive session – Personnel: Supervisor Williams asked the Board to convene an executive session at the end of the meeting to discuss personnel. In other new business, Councilman Cobb mentioned that the Town Highway Department has helped with paving at the McGraw High School and thanked the employees for their joint efforts and cooperation with the Village of McGraw. Supervisor Williams added that it is nice to help when possible. RESOLUTION #227 AUTHORIZE APPROVAL OF PAYMENTS (DRAW #16) REGARDING THE TOWN’S 2021 COMMUNITY DEVELOPMENT BLOCK GRANT TOWN-WIDE HOUSING REHABILITATION PROGRAM (CDBG #287HR317-21) 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 approval of payments (Draw #16) for the following regarding the Town’s 2021 Community Development Block Grant Town-Wide Housing Rehabilitation Program (CDBG #287HR317-21): Wade Sprouse – Payment to contractor (Evangelista) - $5,240.00 Councilman Leach made a motion, seconded by Councilman Cobb, to receive and file correspondence from Sareta Leet, received July 3, 2023, thanking the Town, Thoma Development Consultants, and Reome Construction for the work completed on her home through the 2021 Community Development Block Grant Program. All voting aye, the motion was carried. JULY 19, 2023 TOWN BOARD MEETING PAGE 5 Councilman Leach made a motion, seconded by Councilman Guido, to receive and file correspondence from the Cortland County Health Department, dated July 5, 2023, regarding the release of the 2023 Cortland County Suicide Prevention Needs Assessment. All voting aye the motion was carried. Councilman Leach briefly commented on the letter and thanked those who spoke during privilege of the floor for their courage to speak. Councilman Leach made a motion, seconded by Councilman Donlick, to receive and file correspondence from Rob Corpora, Cortland County Administrator, dated July 10, 2023, requesting the Town’s quarterly report of expenses incurred thru June 30, 2023 for the Gutchess Lumber Sports Complex project, by July 24, 2023 for the American Rescue Plan Act (ARPA) Reporting. All voting aye, the motion was carried. RESOLUTION #228 AUTHORIZE USE OF THE PETER ALTERI JR. MUNICIPAL GARAGE AS A POLLING SITE ON MAY 21, 2024 BY THE CORTLAND CITY SCHOOL DISTRICT FOR THE BUDGET VOTE Motion by Councilman Donlick Seconded by Councilman Cobb VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0 ADOPTED BE IT RESOLVED, the Town Board hereby authorizes the use of the Peter Alteri Municipal Garage as a polling site on May 21, 2024 from 11:30 a.m. to 9:30 p.m. by the Cortland City School District for the Budget Vote, and it is further RESOLVED, the correspondence from Alicia Zupanic, Clerk for the Board of Education, dated June 10, 2023 is hereby received and filed. Councilman Cobb made a motion, seconded by Councilman Leach, to receive and file the proposed Road Use Agreement by and between the Homer Solar Energy Center (HSEC), LLC and the Town of Cortlandville regarding the Homer, Cortlandville, Solon Solar Project. All voting aye, the motion was carried. Councilman Leach made a motion, seconded by Councilman Cobb, to receive and file correspondence from CHA Consulting, Inc. (CHA) to Brianna Scharf with the New York State Department of Environmental Conservation, dated July 10, 2023, regarding the Town’s Periodic Review Report for the South Hill Dump (NYSDEC Site No. 712009) and the Town’s response to address the comments/modifications from the June 27, 2023 NYSDEC letter. All voting aye, the motion was carried. RESOLUTION #229 RE-SCHEDULE PUBLIC HEARING FOR AN AQUIFER PROTECTION PERMIT APPLICATION SUBMITTED BY CORTLANDVILLE PV, LLC FOR AUGUST 2, 2023 AT 5:00 P.M. Motion by Councilman Leach Seconded by Councilman Donlick VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0 ADOPTED BE IT RESOLVED, a Public Hearing is hereby re-scheduled for August 2, 2023 at 5:00 p.m. at the Raymond G. Thorpe Municipal Building, 3577 Terrace Road, Cortland, New York, concerning an Aquifer Protection Permit application submitted by Cortlandville PV, LLC, for the purpose of developing a five megawatt ground mounted large scale solar energy system, accessory access driveway, and security fencing encompassing approximately 33.0+/- acres, for property described as 3023 Route 215 in the Town of Cortlandville, tax map #106.00-03-13.000. JULY 19, 2023 TOWN BOARD MEETING PAGE 6 With no further business to be heard, Supervisor Williams recessed the Regular meeting to an Executive Session to discuss personnel. It was noted that an Attorney-Client Privileged Meeting to discuss litigation would be held at the conclusion of the Executive Session. The meeting was recessed at 5:35 p.m. Councilman Guido made a motion, seconded by Councilman Cobb, to adjourn the Executive Session and reconvene the Regular Meeting. All voting aye the motion was carried. No further comments or discussion were heard. Councilman Guido made a motion, seconded by Councilman Cobb, to adjourn the Regular Meeting. All voting aye, the motion was carried. The meeting was adjourned at 5:45 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 July 24, 2023. The final version of this meeting was approved as written at the Town Board meeting of , 2023.