Loading...
HomeMy WebLinkAboutB - 02 Town Board Minutes 08/16/2023 AUGUST 16, 2023 5:03 P.M. TOWN BOARD MEETING The Regular Meeting of the Town Board of the Town of Cortlandville was held at the CNY Living History Center, 4386 US Route 11, Cortland, New York with Supervisor Williams presiding. Members present: Supervisor, Thomas A. Williams Councilman, Jeffrey D. Guido Councilman, David J. Donlick Councilman, Gregory K. Leach Town Clerk, Kristin E. Rocco-Petrella Absent: Councilman, Jay E. Cobb Others present: Town Attorney, John DelVecchio; Assistant to the Supervisor, Amanda Rainbow; Cindy Stoker from the Living History Center; Town Residents: Gerry Ruggiero; Pamela Jenkins; and Robert Martin; News Reporter: Jacob Mack from Cortland Standard. Supervisor Williams called the Regular Meeting to order. Councilman Leach made a motion, seconded by Councilman Donlick, to approve the Draft Special Town Board Minutes of August 7, 2023. All voting aye, the motion was carried. Councilman Leach made a motion, seconded by Councilman Donlick, to receive and file the Cortlandville Zoning Board of Appeals Minutes of July 25, 2023. All voting aye, the motion was carried. RESOLUTION #244 AUTHORIZE PAYMENT OF VOUCHERS – AUGUST Motion by Councilman Leach Seconded by Councilman Guido 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 #1095-1180 HG, SF, SS, SW General Fund A $ 186,748.80 General Fund B $ 15,612.45 Highway Fund DA $ 0.00 Highway Fund DB $ 20,181.63 Gutchess Lumber SC Project HG $ 409.98 C’Ville Fire District SF $ 0.00 Sewer Fund SS $ 228,196.64 Water Fund SW $ 21,695.33 Funds CD1, CD3, CD4 Voucher #29-32 BMills Rehab CD1 $ 0.00 Town Wide Rehab CD3 $ 7,340.80 Business Devl CD4 $ 0.00 Funds TA, TE Voucher #(None) Trust & Agency TA $ 0.00 Expendable Trust TE $ 0.00 Supervisor Williams offered privilege of the floor to Bob Martin Town resident, Bob Martin commented on the proposed elimination of the 2nd Town Justice position and in regard to the Gutchess Lumber Sports Complex (GLSC). First, Mr. Martin commented on the Special Town Board Meeting held on August 7, 2023. He asked why the Board held a special meeting; what was the “real agenda”; what the projected savings and other cost savings that were considered; and whether the voters would actually have the opportunity to vote on the referendum. Mr. Martin commented on GLSC, and the costs associated with phase 1 and phase 2 of the project as well as the future plans. He mentioned the Town’s debt from GLSC, the projected AUGUST 16, 2023 TOWN BOARD MEETING PAGE 2 revenue from PBR Tournaments, and estimated costs versus actual costs to date. He provided data and comments made at previous Board meetings regarding the costs of the GLSC. Mr. Martin asked the following questions: What is the projected total cost for GLSC phase 2? What is the plan for financing this project? What is the future of GLSC? Mr. Martin mentioned the plans for the concession Hub as well as the NYS Empire State Development Incentive Proposal to conduct a strategic planning and feasibility study, estimated at a total cost of $65,000, for the future phases of GLSC. Mr. Martin asked what other amenities should be included, noting the hiking trails to connect to the Lime Hollow Nature Center that can be used for cross country teams; pickleball courts. He asked if the “community Hub” at Cortlandville is a valid project at the estimated cost of $6.7 million and suggested realistic start and completion dates be established noting the dates on the application form have a 5/1/23 start date and a 11/30/2023 completion. Mr. Martin submitted his complete written comments for the record after the Board meeting, which are on file in the Town Clerk’s office. Supervisor Williams thanked Mr. Martin for his comments. Supervisor Williams offered privilege of the floor to Gerry Ruggiero. Town resident, Gerry Ruggiero commented on a recent Cortland Standard article regarding the Town of Cortlandville and the elimination of the second Town Justice position, stating it was unfair on how it is being reported. He mentioned that he did his own research on the matter and noted a Cortland Standard article from 2013, reporting that the position was being added due to the number of arraignments and that nighttime arraignments were a burden for Justice Casullo. Since then, the County has moved to a centralized arraignment program and after hour arraignments are conducted at the County jail. Mr. Ruggiero commented on the legality of the Board’s special meeting that was held and did not find that anything was done incorrectly. He commented on a previous article published about the Town and the open meetings law, which he said he has studied in the past and suggested the newspaper examine the law. Mr. Ruggiero preferred the action the Board took [adopting the resolution subject to mandatory referendum] so that the decision would be on the ballot and up to the public to decide. He stated that as a CPA he wants to know the numbers and would do his own research to decide on how he would vote. He stated that profit is not the motive for having a court; the Board has the fiduciary responsibility to make sure the Town is being run efficiently for the taxpayers. He stated, we need a functioning town … need to make sure we are doing this efficiently and as effectively as possible. Mr. Ruggiero applauded the Board for their action. Supervisor Williams thanked Mr. Ruggiero for his comments. Mr. Ruggiero left the meeting after making his comments. Councilman Donlick made a motion, seconded by Councilman Guido, to receive and file the following monthly reports: 1. Code Enforcement Officer, Desiree Campbell – July 2023; 2. Town Clerk – July 2023; 3. Cortland Community SPCA – July 2023; 4. Town Supervisor – July 2023; 5. Town Justice Mathey and Town Justice DeMarco – July 2023; and 6. Parks and Recreation Commission – June and July 2023. All voting aye, the motion was carried. RESOLUTION #245 ACCEPT 2023 TAX COLLECTOR’S SUMMARY - REVISED Motion by Councilman Guido Seconded by Councilman Leach VOTES: AYE – Williams, Donlick, Guido, Leach NAY – 0 ABSENT – Cobb ADOPTED BE IT RESOLVED, the 2023 Tax Collector’s Summary as submitted by Town Clerk/Collector Kristin E. Rocco-Petrella for the period of January 1, 2023 through August 10, 2023, revised to reflect earned interest during the month of July 2023, is hereby accepted and shall be received and filed. Councilman Leach made a motion, seconded by Councilman Donlick, to receive and file correspondence from Charter Communications, dated August 1, 2023, regarding programming services. AUGUST 16, 2023 TOWN BOARD MEETING PAGE 3 Under old business, there was discussion regarding the fees for the registration of residential and commercial properties under the Vacant Property Law. Supervisor Williams explained that the Board has been reviewing the fees, and that at the last meeting Attorney DelVecchio was asked to research similar fees in other municipalities. Attorney DelVecchio suggested the Board consider a vacant property registration fee of $50.00 for residential properties and $100.00 for commercial properties, which was consistent with some other municipalities. He reminded the Board that the goal of the law was not to punish people, but to target certain properties that are likely vacant and get the owners to come forward and register the vacant properties with the Town. The owners would pay a small fee and give a plan to town officials on what they plan to do. He explained that if, along the way, there are dangerous conditions with the property that the Town knows about those conditions. Councilman Guido asked if the fees were annual or a one-time registration fee. Town Clerk Rocco-Petrella mentioned that per the law, the registration and fee would be done annually. RESOLUTION #246 AMEND FEES FOR THE REGISTRATION OF VACANT RESIDENTIAL AND COMMERCIAL PROPERTIES AS ESTABLISHED IN THE TOWN’S VACANT PROPERTY LAW - LOCAL LAW NO. 4 OF 2022 Motion by Councilman Guido Seconded by Councilman Leach VOTES: AYE – Williams, Donlick, Guido, Leach NAY – 0 ABSENT – Cobb ADOPTED WHEREAS, the Town Board adopted the Vacant Property Law for the Town of Cortlandville as Local Law No. 4 of 2022 and in such law, fees were established for the annual registration of vacant properties as follows: $500.00 residential; $1,000.00 commercial, and WHEREAS, after the adoption of the local law the Town Board reconsidered the fees and it is the Board’s desire to reduce the fees to encourage the registration of vacant properties in the Town of Cortlandville in accordance with the local law, and WHEREAS, per Local Law No. 2 of 2023, the Town Board has the authority the amend fees from time to time that were established by local law, therefore BE IT RESOLVED, the Town Board hereby amends the fee for the registration of a vacant residential property in the Town of Cortlandville by decreasing the fee from $500.00 to $50.00, and further amends the fee for the registration of a vacant commercial property in the Town of Cortlandville from $1,000.00 to $100.00, and it is further RESOLVED, the Town Clerk is hereby authorized and directed to update the Town Fee schedule and to notify General Code regarding the amended fees. Also, under old business, Attorney DelVecchio requested the Board table action regarding the proposed Road Use Agreement for Homer Solar Energy Center, LLC. He explained that he was working on the agreement and was in discussions with the attorney for the Town of Homer. RESOLUTION #247 TABLE ACTION REGARDING THE PROPOSED ROAD USE AGREEMENT FOR SOLAR ENERGY CENTER, LLC Motion by Councilman Donlick Seconded by Councilman Leach VOTES: AYE – Williams, Donlick, Guido, Leach NAY – 0 ABSENT – Cobb ADOPTED BE IT RESOLVED, the Town Board hereby tables action regarding the proposed Road Use Agreement for Homer Solar Energy to allow the Town Attorney more time to research the matter. AUGUST 16, 2023 TOWN BOARD MEETING PAGE 4 Attorney DelVecchio reported: Attorney DelVecchio informed the Board he was working on a potential written agreement between the Town of Cortlandville and the Town of Homer concerning the maintenance of two roads that border both municipalities; Bond Road and Hatfield Road. The towns have had a verbal agreement for years concerning the maintenance of the roads; however, Attorney DelVecchio thought it was prudent to formalize the agreement. Town Board Member reports: Councilman Leach thanked the Board for holding the meeting at the CNY Living History Center. He introduced Cindy Stoker, Executive Director of the LHC. Ms. Stoker gave the Board a brief overview of the LHC and museum; the buildings used to be known as AB Brown & Son and Victory Supermarket. With over 20,000 volunteer labor hours to date, LHC has become what it is today. The Homeville Museum is housed in the former supermarket space, with the Brockway trucks, memorabilia and exhibits in the AB Brown & Son portion of the building. Ms. Stoker discussed the most recent project involving the firehouse which was nearly complete. She also explained that the red barn on property was a dairy barn in the 1930’s, an auction barn for animals, and then a machine repair shop for AB Brown. Ms. Stoker thanked the Town for the $5,000 ARPA grant which was used for the facility. Councilman Leach encouraged the Board and the public to take the time to tour the facility. Supervisor Williams reported: Supervisor Williams thanked the CNY Living History Center for hosting the Town Board and encouraged the public to visit the facility and museum. Elimination of 2nd Town Justice Position: Supervisor Williams stated that that there has been a lot of conversation about the elimination of the second Town Justice position, which was adopted subject to mandatory referendum; the public will vote on the matter in the November 2023 general election. He appreciated the comments made by Mr. Ruggiero. He explained that the Town Board opted for the mandatory referendum rather than adopting the resolution subject to permissive referendum, to allow the people to vote and exercise “true democracy”. Information as to the Board’s decision would be published in the next quarterly Town newsletter, which would be published on or around September 15, 2023. He stated that he would dedicate as much of the next newsletter as needed “not to defend our position, but to explain without opinion, hyperbole, characterizations like today’s opinion piece. It will be honest, well checked, and well researched and accurate as to why we did what we did. It will not be an opinion piece.” Supervisor Williams stated that he took offense that we “dream up ways to be difficult ….” Councilman Guido made a motion, seconded by Councilman Donlick, to receive and file the Quarterly Progress Report, dated July 14, 2023, regarding Gutchess Lumber Park Development Phase 2, New York State Parks, Recreation and Historic Preservation Grant Project No. 210954. All voting aye, the motion was carried. RESOLUTION #248 AUTHORIZE SUPERVISOR TO SIGN THE OWNER- OCCUPIED LOAN AGREEMENT BETWEEN THE TOWN AND BETHANY A. CUTLER FOR 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, Donlick, Guido, Leach NAY – 0 ABSENT – Cobb ADOPTED BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to sign the Owner-Occupied Loan Agreement between the Town of Cortlandville and Bethany A. Cutler, 3628 Allen Drive, Cortland, New York, regarding the extension of loan funds by the Town’s 2021 AUGUST 16, 2023 TOWN BOARD MEETING PAGE 5 Community Development Block Grant (CDBG) Town-Wide Housing Rehabilitation Program (#287HR317-21) for the total amount of $31,800.00. RESOLUTION #249 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 BETHANY A. CUTLER Motion by Councilman Cobb Seconded by Councilman Leach 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 Bethany A. Cutler, 3628 Allen Drive, Cortland, New York regarding the extension of loan funds from the Town’s CDBG Program, for the total amount of $31,800.00. RESOLUTION #250 ACCEPT THE SLATE OF NOMINATIONS FOR THE TOWN HALL OF FAME AS PRESENTED BY THE RECOGNITION COMMITTEE 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 accept the slate of nominations as presented by the Recognition Committee for the 2023 induction into the Town Hall of Fame, and it is further RESOLVED, the 2023 inductees shall be announced at a later date by Town Board resolution. RESOLUTION #251 TABLE ACTION REGARDING THE PETITION OF HOMER SOLAR ENERGY CENTER, LLC FOR A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY PURSUANT TO PUBLIC SERVICE LAW SECTION 68 Motion by Councilman Leach Seconded by Councilman Guido VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0 ADOPTED BE IT RESOLVED, the Town Board hereby tables action regarding the Petition of Homer Solar Energy Center, LLC for a Certificate of Public Convenience and Necessity Pursuant to Public Service Law Section 68 and an Order Granting Lightened Regulation, regarding the application for a major renewable energy facility by Homer Solar Energy Center, LLC. Councilman Donlick made a motion, seconded by Councilman Leach, to receive and file correspondence from Henry Zomerfeld of Hodgson Russ Attorneys, dated August 02, 2023, providing notice of Cortlandville PV, LLC’s plan to contract a 5.0 MW AC solar project to be located at 3023 Route 215 in the Town of Cortlandville, tax map #106.00-03-13.100. All voting aye, the motion was carried. RESOLUTION #252 AUTHORIZE SUPERVISOR TO SIGN AGREEMENT BETWEEN ONIX NETWORKING CORPORATION AND THE TOWN OF CORTLANDVILLE FOR A ONE-YEAR RENEWAL OF THE TOWN’S EMAIL AND USER LICENSES AUGUST 16, 2023 TOWN BOARD MEETING PAGE 6 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 sign the agreement between Onix Networking Corporation and the Town of Cortlandville for a one-year renewal of the Town’s email and user licenses (60) to be licensed by Google G Suite, for the total cost of $4,320.00 for a 12-month term. Councilman Guido made a motion, seconded by Councilman Donlick, to receive and file correspondence from the New York State Department of Environmental Conservation, dated August 10, 2023, accepting the Town’s Periodic Review Report (PRR) and associated Certification and approves the recommendations regarding the South Hill Dump, Cortlandville, Site No. 712009. All voting aye, the motion was carried. Councilman Donlick made a motion, seconded by Councilman Leach, to receive and file correspondence from Scott Bates, P.E., Regional Traffic Engineer for the New York State Department of Transportation, dated August 10, 2023, notifying the Town that the NYSDOT completed its study regarding the Town’s request for a reduced speed limit on the entire length of Highland Road and determined that the appropriate speed was the posted speed limit of 40 mph. All voting aye, the motion was carried. Councilman Leach recalled that Town resident, Gary Freelove addressed the Board and submitted a petition for a reduction of speed limit on Highland Road. He asked if the Town could mail Mr. Freelove the correspondence from NYS DOT. Supervisor Williams stated that the Town would mail a letter to all residents on Highland Road to explain the new process for requesting a reduction in speed limit along with the form to be completed and a copy of the letter from the NYS DOT. RESOLUTION #253 DECLARE A 1984 INGERSOL RAND DD-40 DRUM ROLLER AS SURPLUS EQUIPMENT AND AUTHORIZE HIGHWAY SUPERINTENDENT TO SELL THE EQUIPMENT AT AUCTION 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 declare a 1984 Ingersol Rand DD-40 60-inch Drum Roller (Serial #5281) as surplus equipment due to the condition of the roller and cost of repairs, and authorizes Highway Superintendent Drach to sell the roller using Auctions International, and it is further RESOLVED, the correspondence from Highway Superintendent Drach, dated August 14, 2023, is hereby received and filed. Councilman Guido made a motion, seconded by Councilman Donlick, to receive and file the letter from John Partigianoni, dated August 14, 2023, notifying the Town of his intent to renew the Liquor License for Cort-Lanes, Inc. located at 928 Route 13 in the Town of Cortlandville. All voting, aye the motion was carried. Supervisor Williams asked if there was any further business to come before the Board. Councilman Leach asked if the solar company that is constructing the solar farm off of Locust Avenue (behind Cortland Ready Mix) in the City of Cortland received the appropriate approvals from the Town ZBA to move forward with construction in Cortlandville. Attorney DelVecchio explained that the Town ZBA denied the application, which was challenged in Supreme Court. The Judge ruled in favor of the Town and the initial denial of the use variance; AUGUST 16, 2023 TOWN BOARD MEETING PAGE 7 however, the solar company appealed the decision, and the Appellate Division overturned the decision. The ZBA’s decision is null and void, however the solar company will have to return to the Town ZBA for a use variance and then apply to the Town Planning Board for site plan approval. With no further comments or discussion to be heard, Supervisor Williams adjourned the Regular Meeting to an Attorney-Client privileged meeting. The meeting was adjourned at 5:44 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 11, 2023. The final version of this meeting was approved as written at the Town Board meeting of , 2023.