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HomeMy WebLinkAboutB - 03 Town Board Minutes 09/06/2023 SEPTEMBER 6, 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, Jay E. Cobb Councilman, David J. Donlick Councilman, Jeffrey D. Guido Councilman, Gregory K. Leach Town Clerk, Kristin E. Rocco-Petrella Others present: Town Attorney, John DelVecchio; Deputy Town Clerk, Abigail Albro; Highway Superintendent, Larry Drach; Pamela Jenkins; Robert Martin; News Reporter: Jack Eves from X101. 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. RESOLUTION #254 AUTHORIZE PAYMENT OF VOUCHERS – SEPTEMBER Motion by Councilman Leach Seconded by Councilman Cobb 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 #1181-1267 HG, SF, SS, SW General Fund A $ 45,106.86 General Fund B $ 9,169.35 Highway Fund DA $ 0.00 Highway Fund DB $ 84,431.44 Gutchess Lumber SC Project HG $ 0.00 C’Ville Fire District SF $ 0.00 Sewer Fund SS $ 54,234.03 Water Fund SW $ 6,861.24 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 #24-26 Trust & Agency TA $ 55,156.71 Expendable Trust TE $ 0.00 Supervisor Williams acknowledged that there were no requests for privilege of the floor. RESOLUTION #255 ACCEPT AUDIT REPORT OF THE FISCAL AFFAIRS OF THE TOWN OF CORTLANDVILLE FROM INSERO & CO. CPA’S, LLP FOR THE PERIOD ENDING DECEMBER 31, 2022 Motion by Councilman Guido Seconded by Councilman Donlick VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0 ADOPTED BE IT RESOLVED, the Audit Report of the fiscal affairs of the Town of Cortlandville from Insero & Co. CPA’s, LLP for the period ending December 31, 2022 for the Town of Cortlandville is hereby accepted and shall be received and filed. SEPTEMBER 6, 2023 TOWN BOARD MEETING PAGE 2 Councilman Guido made a motion, seconded by Councilman Cobb, to receive and file the following monthly reports: 1. Water & Sewer Department – August 2023; 2. Town Clerk – August, 2023; and 3. Code Enforcement Officer, Desiree Campbell – August 2023. All voting aye, the motion was carried. Councilman Leach made a motion, seconded by Councilman Donlick, to receive and file correspondence from Charter Communications, dated September 1, 2023, regarding programming services. RESOLUTION #256 ACKNOWLEDGE RECEIPT OF 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 Cobb VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0 ADOPTED BE IT RESOLVED, the Town Board hereby acknowledges receipt of 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. Town Board Member reports: Councilman Guido reminded the public that school was back in session and to be alert/aware of school bus stops and children waiting for their buses. Supervisor Williams reported: Quote for New Town Vehicle: Supervisor Williams informed the Board that at his request, Water & Sewer Superintendent, Brian Congdon was getting pricing information for an electric vehicle to be used for town business. Supervisor Williams explained that the Town has a small pickup truck used by the Water/Sewer Department that would be eliminated. Human Resources Assessment – Contract with Sylvia Hall: Supervisor Williams noted that a synopsis of the work completed by HR Consultant, Sylvia Hall was provided to the Board for their review. The Board approved the hiring of Ms. Hall at the August 2, 2023 Town Board meeting for 50 hours of work at $75.00/hour; the first phase of the work was complete in 30 hours. He requested the Board authorize the second phase of the work to be done which included working with the Town’s Financial Administrator, Megan Johnson, on work processes. Councilman Guido suggested the resolution include a set number of hours as it did before, to which the Board agreed that to an additional 50 hours of work at $75.00/hour. Councilman Leach made a motion to continue the work with the stipulation that the goal is to end the Town’s relationship with HR One. RESOLUTION #257 AUTHORIZE SUPERVISOR TO EXTEND THE CONTRACT WITH SYLVIA HALL, HUMAN RESOURCE CONSULTANT FOR THE TOWN OF CORTLANDVILLE FOR UP TO AN ADDITIONAL 50 HOURS OF WORK AT $75.00 PER HOUR Motion by Councilman Leach Seconded by Councilman Guido VOTES: AYE – Williams, Cobb, Donlick, Guido NAY – Leach ADOPTED SEPTEMBER 6, 2023 TOWN BOARD MEETING PAGE 3 BE IT RESOLVED, the Town Board does hereby authorize and direct the Town Supervisor to extend the contract with Sylvia Hall, Human Resource Consultant for the Town of Cortlandville, to conduct the second phase of her study at a rate of $75.00 per hour for approximately 50 hours. Town of Cortlandville Dog Park Committee: Supervisor Williams provided the Board with a map of a parcel of town property located on Fairview Drive that is used for stormwater management purposes. In the past, discussion was had about locating a dog park on the vacant parcel. Supervisor Williams suggested a volunteer ad-hoc committee be created to discuss a potential dog park. RESOLUTION #258 AUTHORIZE SUPERVISOR TO CREATE AN AD-HOC COMMITTEE TO DISCUSS A POTENTIAL DOG PARK IN THE TOWN OF CORTLANDVILLE Motion by Councilman Cobb Seconded by Councilman Donlick VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0 ADOPTED BE IT RESOLVED, the Town Board hereby authorizes and directs the Supervisor to create an ad- hoc committee to discuss the creation of a potential dog park in the Town of Cortlandville. Town Employee Picnic: Supervisor Williams informed the Board that the annual Town Employee Picnic would be held on September 15, 2023 at Gutchess Lumber Sports Complex 12:00 p.m. As such, he requested the Board authorize the closure of the Raymond G. Thorpe Municipal Building at 12:00 p.m. in order for all employees to attend. RESOLUTION #259 AUTHORIZE THE CLOSURE OF THE RAYMOND G. THORPE MUNICIPAL BUILDING ON FRIDAY, SEPTEMBER 15, 2023 AT 12:00 P.M. TO ALLOW TOWN EMPLOYEES TO ATTEND THE ANNUAL TOWN EMPLOYEE PICNIC Motion by Councilman Guido Seconded by Councilman Donlick VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0 ADOPTED BE IT RESOLVED, the Town Board hereby authorizes and directs the closure of the Town offices at the Raymond G. Thorpe Municipal Building on Friday, September 15, 2023 at 12:00 p.m. to allow the Town employees to attend the annual Town Employee Picnic. Councilman Guido made a motion, seconded by Councilman Cobb, to receive and file correspondence from Nick Alteri, Town Historian, dated September 1, 2023 introducing Nick Genovese, a SUNY Cortland History Department student assisting him an intern in digitizing the Historian Records for the fall semester. All voting aye, the motion was carried. RESOLUTION #260 AUTHORIZE HIGHWAY SUPERINTENDENT, LARRY DRACH TO UTILIZE HIS ACCRUED SICK LEAVE DAYS EARNED PRIOR TO BEING APPOINTED/ELECTED THE HIGHWAY SUPERINTENDENT TOWARDS PENSION CREDIT AT THE TIME OF HIS RETIRMENT Motion by Councilman Guido Seconded by Councilman Donlick VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0 ADOPTED SEPTEMBER 6, 2023 TOWN BOARD MEETING PAGE 4 WHEREAS, per Town Board Resolution #235 of 2020, Highway Superintendent Glenn Bassett submitted his resignation for retirement effective September 24, 2020, and WHEREAS, per Town Board Resolution #236 of 2020, Deputy Highway Superintendent/HEO, Larry Drach was appointed Highway Superintendent to fill Mr. Bassett’s expiring term to be effective September 25, 2020 through December 31, 2021, and WHEREAS, at the time of appointment Mr. Drach accrued over 1320 hours of unused sick leave days (165 days) since his employment date of July 8, 2002, and WHEREAS, the Town’s Personnel Policy allows any full-time employee to use unused sick leave days as extra pension credit at the time of their retirement, and WHEREAS, Mr. Drach submitted a letter of request to the Board on December 1, 2020 requesting that his unused sick leave be used as extra pension credit at the time of his future retirement however no formal action was taken, and WHEREAS, the Town of Cortlandville adopted Section 41-j of the NYS Retirement System regarding the allowance of unused sick leave days as extra pension credits (Resolution #57 of 1988), and WHEREAS, Larry Drach terminated his position as the appointed Deputy Highway Superintendent/HEO upon being appointed the Highway Superintendent and became the elected Town Highway Superintendent effective January 1, 2022, and WHERES, elected officials are not entitled to the Town’s fringe benefits such as earned vacation time, longevity pay and earned sick time, therefore BE IT RESOLVED, the Town Board hereby authorizes Larry Drach to utilize his 165 days of accrued unused sick leave days as extra pension credit at the time of his retirement per his letter of request dated December 1, 2020. Councilman Cobb made a motion, seconded by Councilman Leach, to receive and file correspondence from Nicole Anjeski, Public Health Director, Cortland County Health Department, dated August 21, 2023, regarding a health alert for the prevention of the spread of respiratory viruses. All voting aye, the motion was carried. Councilman Cobb made a motion, seconded by Councilman Guido, to receive and file the 30-Day Advanced Notice for Liquor License Renewal dated August 17, 2023 for Cortlanes Inc., located at 928 Route 13 in the Town of Cortlandville. All voting aye, the motion was carried. Councilman Guido made a motion, seconded by Councilman Cobb, to receive and file correspondence from Savannah Hempstead, Public Information Officer for Cortland County, dated August 22, 2023 regarding the Cortland County Microenterprise Program that will provide grant funding assistance to the small business community operating or wishing to operate in the County. All voting aye, the motion was carried. Councilman Cobb made a motion, seconded by Councilman Donlick, to receive and file correspondence from Cortland County Business Development Corporation, dated August 22, 2023, regarding the appointment of Brendan O’Bryan as the new Executive Director/CEO of the Cortland County Business Development Corporation and Industrial Development Agency (BDC/IDA). All voting aye, the motion was carried. Councilman Cobb made a motion, seconded by Councilman Guido, to receive and file the Management Comment Letter and Communication Letter from Insero & Co., dated August 2, 2023, regarding the Town of Cortlandville Financial Audit for the year ending December 31, 2022. All voting aye, the motion was carried. Councilman Cobb made a motion, seconded by Councilman Guido, to receive and file correspondence from Rachel Anderson, Village of McGraw resident, dated August 27, 2023, regarding code complaints in the Village of McGraw, and forward to Village of McGraw Officials. All voting aye, the motion was carried. SEPTEMBER 6, 2023 TOWN BOARD MEETING PAGE 5 Councilman Leach questioned whether the Town could do anything to assist with the complaint. Supervisor Williams explained that since the property is within the Village the Town does not have jurisdiction over the zoning/code. There was a brief discussion regarding the proposal from General Code for a recodification of the Town Code, which was originally codified in 1997 and updated as needed due to the adoption of local laws. The recodification would resolve any inconsistencies, errors, and outdated information that could affect the Code’s enforceability and alignment with New York state statutes. Supervisor Williams explained that an ad-hoc committee met with the Town’s representative from General Code to discuss the project, which the committee was in favor of. Attorney DelVecchio added that he attended the meeting and explained that not only would the recodification bring some language up to date, but they will also look at adding some provisions to the code that are relevant and important today. RESOLUTION #261 AUTHORIZE SUPERVISOR TO SIGN AGREEMENT BETWEEN THE TOWN OF CORTLANDVILLE AND GENERAL CODE FOR RECODIFICATION SERVICES FOR THE TOWN CODE IN AN AMOUNT NOT TO EXCEED $10,995.00 Motion by Councilman Cobb Seconded by Councilman Leach VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0 ADOPTED BE IT RESOLVED, the Town Board hereby authorizes and directs the Supervisor to sign the agreement between the Town of Cortlandville and General Code to provide Recodification Services for Town Code as outlined in the proposal dated July 24, 2023, for a total amount not to exceed $10,995.00. There was discussion regarding the proposed Mutual Road Maintenance Agreement between the Town of Cortlandville and the Town of Homer. Attorney DelVecchio explained there has been a mutual understanding between both towns concerning the maintenance of Hatfield Road and Bond Road which border both towns. The Town of Cortlandville maintains Bond Road while the Town of Homer maintains Hatfield Road. Highway Superintendent Drach and Attorney DelVecchio suggested the agreement be in writing to protect both towns. The agreement would be presented to the Homer Town Board at their next meeting by Attorney Pat Snyder. RESOLUTION # 262 AUTHORIZE SUPERVISOR TO SIGN THE MUTUAL ROAD MAINTENANCE AGREEMENT BETWEEN THE TOWN OF CORTLANDVILLE AND THE TOWN OF HOMER CONCERNING BOND ROAD AND HATFIELD ROAD Motion by Councilman Guido Seconded by Councilman Leach VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0 ADOPTED BE IT RESOLVED, the Town Board hereby authorizes and directs the Supervisor to sign the Mutual Road Maintenance Agreement between the Town of Cortlandville and the Town of Homer concerning the maintenance of Hatfield Road by the Town of Homer and the maintenance of Bond Road by the Town of Cortlandville. Attorney DelVecchio provided the Board with an update regarding the proposed road use agreement presented by EDF, which was tabled at the last Town Board meeting. He explained there were several concerns that needed to be addressed. He was in communication with the Town of Homer officials including their attorney and they have not approved the agreement either. Attorney DelVecchio would report back to the Board at a later date. SEPTEMBER 6, 2023 TOWN BOARD MEETING PAGE 6 RESOLUTION #263 AUTHORIZE SUPERVISOR TO HIRE KEISHA M. CHASE AS CLERK FOR THE TOWN ASSESSOR EFFECTIVE SEPTEMBER 5, 2023 Motion by Councilman Guido Seconded by Councilman Cobb VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0 ADOPTED BE IT RESOLVED, the Town Board does hereby authorize the Supervisor to hire Keisha M. Chase of 4043 Bells Mills Road, Cortland, New York as Clerk for the Town Assessor effective September 5, 2023, and it is further RESOLVED, the position shall be subject to the successful completion of a civil service examination to be held at a future date, and it is RESOLVED, the Town Board hereby authorizes a salary of $38,000. RESOLUTION #264 AUTHORIZE THE TOWN BOARD TO WAIVE BUILDING PERMIT FEES FOR NOT-FOR-PROFIT AGENCIES ON A CASE-BY-CASE BASIS Motion by Councilman Leach Seconded by Councilman Donlick VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0 ADOPTED BE IT RESOLVED, the Town Board, upon receiving a formal written request, shall consider waiving building permit fees for Not-For-Profit agencies on a case-by-case basis, to be acted on by formal Board resolution. RESOLUTION #265 AUTHORIZE SUPERVISOR TO RENEW THE AGREEMENT BETWEEN THE TOWN AND MARI GIURASTANTE OF GIURASTANTE DPM, LLC, TO PROVIDE PROFESSIONAL GRANT WRITING AND PROJECT MANAGEMENT SERVICES FOR THE TOWN OF CORTLANDVILLE 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 renew the agreement for the services of Mari Giurastante of Giurastante DPM, LLC, of 661 Chenango St., Binghamton, NY 13901, to provide professional grant writing and project management services for the Town of Cortlandville, not related to Community Development Block Grants, and it is further RESOLVED, the Town shall pay a fee to Giurastante DPM, LLC based on an hourly rate of $55.00 for such services through December 31, 2023. RESOLUTION #266 AUTHORIZE SUPERVISOR TO RENEW THE LEGAL SERVICES AGREEMENT BETWEEN THE TOWN OF CORTLANDVILLE AND CARDINALE & DELVECCHIO LAW FIRM, PLLC TO PROVIDE ADDITIIONAL LEGAL SERVICES TO THE TOWN Motion by Councilman Cobb Seconded by Councilman Guido VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0 ADOPTED SEPTEMBER 6, 2023 TOWN BOARD MEETING PAGE 7 BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to renew the agreement between the Town of Cortlandville and Cardinale & DelVecchio Law Firm, PLLC, as approved at the April 20, 2022 Town Board Meeting (Resolution #134 of 2022), to provide additional legal services to the Town through December 31, 2023, for the monthly fee of $3,300.00. RESOLUTION #267 AUTHORIZE THE EXPENDITURE OF $157,280.00 FROM THE HIGHWAY EQUIPMENT CAPITAL RESERVE FUND SUBJECT TO PERMISSIVE REFERENDUM Motion by Councilman Leach Seconded by Councilman Cobb VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0 ADOPTED WHEREAS, the Town Board has heretofore established a Capital Reserve Fund for the financing of purchases of Highway Equipment, and WHEREAS, no expenditure from said Fund shall be made without authorization of the Town Board, and WHEREAS, it is desired to expend the sum of $157,280.00 from said Fund to purchase a Volvo Roller DD110C (Sourcewell Contract #032119-VCE) at the request of the Superintendent of Highways, NOW THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Cortlandville does hereby authorize the expenditure of $157,280.00 from the Highway Equipment Capital Reserve Fund to purchase a Volvo Roller DD110C, and BE IT FURTHER RESOLVED, this Resolution shall be subject to Permissive Referendum as required by law. RESOLUTION #268 AUTHORIZE AND DIRECT TOWN ATTORNEY TO DRAFT A PROPOSED LOCAL LAW OF 2023 TO OVERRIDE THE TAX LEVY LIMIT 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 and directs the Town Attorney to draft a proposed Local Law of 2023 to override the tax levy limit to allow the Town of Cortlandville, if necessary, to adopt a town budget for the year 2024 that is in excess of the “tax levy limit” as defined by General Municipal Law, and it is further RESOLVED, a public hearing is hereby scheduled for October 4, 2023 at 5:00 p.m. at the Raymond G. Thorpe Municipal Building, concerning the proposed local law, the draft of which shall be presented by the Town Attorney at the September 20, 2023 Town Board meeting. Councilman Guido made a motion, seconded by Councilman Cobb, to receive and file the Annual Issuer Comment on the Town of Cortlandville from Moody’s Investors Service, dated September 1, 2023, noting the Town’s rating of Aa3. All voting aye, the motion was carried. SEPTEMBER 6, 2023 TOWN BOARD MEETING PAGE 8 With no further business to be heard, Supervisor Willaims adjourned the Regular Meeting to an Attorney-Client privileged meeting to discuss legal matters. The meeting was adjourned at 5:36 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.