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.