HomeMy WebLinkAboutB - 01 Town Board Minutes October 04, 2023
OCTOBER 4, 2023 5:02 P.M.
PUBLIC HEARING NO. 1
LOCAL LAW OF 2023
OVERRIDE TAX LEVY LIMIT
2024 TOWN BUDGET
A Public Hearing was held by the Town Board of the Town of Cortlandville at the
Raymond G. Thorpe Municipal Building, 3577 Terrace Road, Cortland, New York with
Supervisor Williams presiding, concerning the enactment of a Local Law of 2023 to override the
limit on the amount of real property taxes that may be levied by the Town of Cortlandville pursuant
to General Municipal Law Section 3-c, to allow the Town of Cortlandville to adopt a town budget
for (a) town purposes and (b) any other special or improvement district governed by the Town
Board for the fiscal year 2024 that requires a real property tax levy in excess of the “tax levy limit”
as defined by General Municipal Law Section 3-c.
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 were: Town Attorney, John DelVecchio; Deputy Town Clerk, Abigail
Albro; Highway Superintendent, Larry Drach; Assistant to the Supervisor, Amanda Rainbow;
Town residents: Bob Martin; Pamela Jenkins; Marilyn DeLorenzo; Barbara Leach; News
Reporter: Jack Even from X101; Others joining via Zoom video/telephone conference: News
Reporter: Eddie Velasquez from Cortland Voice.
Supervisor Williams called the Public Hearing to order.
Town Clerk, Kristin Rocco-Petrella read aloud the published, posted and filed legal notice.
Supervisor Williams commented on the proposed local law and the 2024 budget process.
He explained that the proposed local law was a matter of procedure and that conducting the public
hearing was typically done each year as a precautionary measure in the event the budget, which
was only tentative at this time, would exceed the tax cap. He stated that he did not anticipate that
the Board would need to override the tax cap this year as the tentative budget was under the tax
cap. Supervisor Williams explained the budget process, which started in June 2023. Department
heads provided their budget requests and several meetings were held with various department
heads to discuss their requests. After countless hours and work by Supervisor Williams, Financial
Administrator, Megan Johnson and Financial Advisor, Dick Tupper, the tentative budget was
compiled. Supervisor Williams explained that the tentative budget was provided to the Town
Clerk and then submitted to the Board as required. A budget workshop was planned to be held on
October 10, 2023 at 11:00 a.m. to review the tentative budget with the Board. The tentative budget
[with or without changes] would move to the preliminary budget, a public hearing would be held,
and then the preliminary budget would be adopted. Supervisor Williams explained that the State
dictates the dates that each step must occur by. He reiterated that the proposed l ocal law was a
safety measure used by the Board in the event the need arose to exceed the tax cap. He also stated
that the Town would not know the actual tax rate until the County does its calculation.
Supervisor Williams offered privilege of the floor to Pamela Jenkins.
Town resident, Pamela Jenkins asked the Board to vote against overriding the state
mandated 2% tax cap, stating that property tax revenues were up. She said if there was no need to
override the tax cap there was no need to pass the proposed local law. Instead of burdening the
taxpayers, she suggested the following: that the Board “stop the runaway spending … especially
on Gutchess Lumber Sports Complex”; eliminate the Maintenance Supervisor for GLSC and have
the Highway Superintendent, Deputy Superintendent or Recreation Director McNerney oversee
the maintenance; eliminate payment to the Supervisor as Budget Officer and pay Mr. Tupper from
those funds; eliminate payment to Deputy Supervisors and instead pay them a stipend if they must
run a meeting; run water and sewer to the developed areas where people have been relying on
wells and septic systems for decades instead of running water and sewer south.
Supervisor Williams thanked Ms. Jenkins for her comments.
OCTOBER 4, 2023 PUBLIC HEARING NO. 1 PAGE 2
Supervisor Williams offered privilege of the floor to Bob Martin.
Town resident, Bob Martin thanked Supervisor Williams for explaining that overriding the
tax cap probably won’t happen. He referenced Citizen’s Guide to Budgets published by State
Comptroller’s Office, which he found helpful. Mr. Martin commented on the budget lines that
increased/decreased from 2022 to 2023 as follows: General Fund Debt Service increased from
$356,181 to $536,651; Revenue, Total Real Property Taxes increased from $1,456,572 to
$2,150,182; Non property tax remained the same at $110,000; Revenue from parks decreased from
$300,000 to $280,000; asked by the total State Aid was decreasing from $268,000 to $168,000;
Youth Programs increased from $112,000 to $129,000; Revenue General Fund B, sales tax
increased from $485,000 to $550,000; Highway, Snow Removal increased from $797,484 to
$903,564. Mr. Martin stated there was probably not much need to increase the budget and that he
would like to see what happened with school taxes and that the town taxes would go down.
Supervisor Williams thanked Mr. Martin for his comments.
Supervisor Williams asked if asked if anyone else wished to speak.
No further comments or discussion were heard.
The Public Hearing was closed at 5:17 p.m.
OCTOBER 4, 2023 5:17 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 were: Town Attorney, John DelVecchio; Deputy Town Clerk, Abigail
Albro; Highway Superintendent, Larry Drach; Assistant to the Supervisor, Amanda Rainbow;
Town residents: Bob Martin; Pamela Jenkins; Marilyn DeLorenzo; Barbara Leach; News
Reporter: Jack Even from X101; Others joining via Zoom video/telephone conference: News
Reporter: Eddie Velasquez from Cortland Voice.
Supervisor Williams called the Regular Meeting to order.
Councilman Leach made a motion, seconded by Councilman Cobb, to receive and file the
Cortlandville Planning Board Minutes of August 29, 2023. All voting aye, the motion was carried.
There was a brief discussion regarding the payment of bills. Councilman Donlick asked
about an expenditure from the Historian’s budget line in the amount of $500.00 for aerial photos
taken in the Town. He suggested there be more oversight on expenditures from the Historian and
stated he would have liked the Board to approve the expenditure before the work was done.
Supervisor Williams answered that he would look into Councilman Donlick’s question regarding
the aerial photos. Town Rocco-Petrella noted that she was aware (the expenditure was also under
the purchase order threshold which requires permission prior to the expenditure).
Councilman Leach asked about a voucher for the Town’s AED devices noting that the
invoice was billed to the Cortlandville Fire Department (CVFD). Supervisor Williams explained
that the CVFD maintains the Town’s AED devices at the same time they do their own and that the
charges were for the Town’s devices. He would also look into the invoice mentioned by
Councilman Leach.
RESOLUTION #285 AUTHORIZE PAYMENT OF VOUCHERS – OCTOBER
Motion by Councilman Donlick
Seconded by Councilman Leach
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 #1343-1392
HG, SF, SS, SW General Fund A $ 31,650.93
General Fund B $ 4,438.79
Highway Fund DA $ 0.00
Highway Fund DB $ 29,184.48
Gutchess Lumber SC Project HG $ 0.00
C’Ville Fire District SF $ 0.00
Sewer Fund SS $ 2,318.40
Water Fund SW $ 8,436.25
Funds CD1, CD3, CD4 Voucher #33-36
BMills Rehab CD1 $ 0.00
Town Wide Rehab CD3 $ 30,333.60
Business Devl CD4 $ 0.00
Funds TA, TE Voucher #(None)
Trust & Agency TA $ 0.00
Expendable Trust TE $ 0.00
OCTOBER 4, 2023 TOWN BOARD MEETING PAGE 2
Supervisor Williams offered privilege of the floor to Marilyn DeLorenzo.
Town resident, Marilyn DeLorenzo, read the following aloud, which she provided to the
Town Clerk for the record:
I am a resident of Cortlandville and my concern is the issue of eliminating one of
the town justice positions. From all evidence given, the case load has not decreased
significantly, and as stated in today’s Cortland Standard it is 25% higher than all of
the other town courts in the county combined. Town clerk Margaret Capps has said
eliminating a justice position will slow the judicial process.
I’m also concerned about the procedure used to institute the proposed referendum
to eliminate the second justice position. Secret meetings have no place in
Cortlandville Board Meetings and I am very surprised that those of you in these
elected positions would be party to that.
In the interest of promoting good faith and taking care of cases which need to be
adjudicated, I think it’s advisable to withdraw the resolution to terminate one of the
justice positions.
Thank you for your attention.
Supervisor Williams thanked Ms. DeLorenzo for her comments.
Supervisor Williams offered privilege of the floor to Bob Martin.
Town resident, Bob Martin mentioned that he would be out of town when the Bord
conducts its public hearing regarding the budget, which is why he spoke during the public hearing
earlier this evening. He commented on the Article 78 petition to be received and filed later in the
meeting concerning the elimination of a town justice position. He stated that he still questions
whether or not the justice court should be making a profit.
Mr. Martin commented on the Gutchess Lumber Sports Complex (GLSC) and the agenda
item to authorize the Supervisor to let out to bid/request proposals for the Phase 2 of the GLSC for
the construction of a concession building. He asked, what is the scope of the project and how
much would the project cost? Mr. Martin asked about the status of the strategic planning and
feasibility study for GLSC and whether plans for the park go beyond Phase 2. He asked, is GLSC
profitable unlike the court? Mr. Martin mentioned that the salaries of the Recreation Director and
the Maintenance Supervisor totaled $88,000, which was close to the $87,000 the Town was hoping
to save [by eliminating the 2nd justice position].
Supervisor Williams thanked Mr. Martin for his comments.
Councilman Guido made a motion, seconded by Councilman Donlick, to receive and file
the following monthly reports:
1. Water & Sewer Department – September 2023;
2. Code Enforcement Officer, Kevin McMahon – September 2023; and
3. Town Clerk – September 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 29, 2023, regarding
programming services. All voting aye, the motion was carried.
RESOLUTION #286 TABLE ACTION REGARDING THE PROPOSED LOCAL
LAW OF 2023 TO OVERRIDE THE TAX LEVY LIMIT
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 tables action regarding the proposed Local Law of
2023 to Override the Tax Levy Limit established in General Municipal Law Section 3-c until the
October 18, 2023 Town Board Meeting.
OCTOBER 4, 2023 TOWN BOARD MEETING PAGE 3
Under new business, Town Clerk Rocco-Petrella presented the Board with the 2024
Tentative Budget, a Notice of Petition to be received and filed, and requested the Board authorize
the approval of payments relating the Town’s Community Development Block Grant for Sev en
Valley Specialty Cables. The Board took action on all items separately.
RESOLUTION #287 ACKNOWLEDGE RECEIVING 2024 TENTATIVE BUDGET
Motion by Councilman Guido
Seconded by Councilman Cobb
VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0
ADOPTED
BE IT RESOLVED, the Town Board does hereby acknowledge that the Town Clerk received the
2024 Tentative Budget on September 29, 2023 and has presented it to the Town Board members,
in accordance with Town Law.
RESOLUTION #288 ACKNOWLEDGE RECEIPT OF NOTICE OF CLAIM IN THE
MATTER OF ESTATE OF MATTHEW RAYL ET. AL. V. TOWN
OF CORTLANDVILLE
Motion by Councilman Guido
Seconded by Councilman Cobb
VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0
ADOPTED
BE IT RESOLVED, the Town Board does hereby acknowledge, by receiving and filing, the Notice
of Claim in the matter of the Estate of Matthew Rayl and Ashley Rayl as Surviving Spouse and on
behalf of C.M.R. as Surviving Parent and Natural Guardian v. Town of Cortlandville.
RESOLUTION #289 AUTHORIZE APPROVAL OF PAYMENTS (DRAW #3)
REGARDING THE NYS SMALL CITIES COMMUNITY
DEVELOPMENT BLOCK GRANT PROGRAM – ECONOMIC
DEVELOPMENT FOR SEVEN VALLEY SPECIALTY CABLES,
LLC (CDBG #287ED967-21)
Motion by Councilman Guido
Seconded by Councilman Cobb
VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0
ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize approval of payments (Draw #3)
regarding the New York State Small Cities Community Development Block Grant Program –
Economic Development for Seven Valley Specialty Cables, LLC (CDBG #287ED967-21) in the
amount of $97,974.00 to Seven Valley Specialty Cables, LLC for “Reimbursement for FF&E”.
Town Board Member Reports:
Councilman Leach informed Highway Superintendent Drach that there were a few
streetlights out in Polkville, to which he was already aware and working to resolve.
Councilman Donlick reported that the couch left on the side of the Westvale Drive and
Route 222 was removed. He thanked Highway Superintendent Drach for his assistance.
Supervisor Williams reported:
PILOT Agreements:
Supervisor Williams commented that per law, the Cortland County BDC/IDA is
responsible for setting, establishing and negotiating PILOT agreements for businesses/industries
moving into town. With regard to solar projects, Supervisor Williams recalled previous
discussions between the County IDA and several towns including the Town of Cortlandville, and
OCTOBER 4, 2023 TOWN BOARD MEETING PAGE 4
action taken regarding the agreed charge per megawatt, which was adopted and then later rescinded
by the County. Supervisor Williams informed the Board he recently had a meeting with Karen
Niday from the Cortland County IDA/BDC to discuss PILOT agreements specifically for solar
projects. Another meeting would be had between the County and the towns to discuss solar and
to come to another agreement or understanding.
At this time in the meeting the Board proceeded with new business items.
RESOLUTION #290 AUTHORIZE SUPERVISOR TO SIGN THE STATE AND
MUNICIPAL FACILITIES PROGRAM PRELIMINARY
APPLICATION REGARDING THE SHARED SERVICES
MOBILE STAGE GRANT BETWOEEN THE TOWN OF
CORTLANDVILLE, CITY OF CORTLAND, AND CORTLAND
COUNTY
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 Supervisor to sign the State
and Municipal Facilities Program Preliminary Application regarding the Shared Services Mobile
Stage Grant between the Town of Cortlandville, City of Cortland, and Cortland County, requesting
$177,640 for funding the mobile stage.
RESOLUTION #291 APPROVE EXTRA WORK AUTHORIZATION NO. 6 FROM
CHA FOR THE 2024 POST-CLOSURE MONITORING FOR THE
SOUTH HILL DUMP SITE
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 approve Extra Work Authorization No. 6 from
CHA, dated September 20, 2023, for the 2024 Post-Closure Monitoring for the South Hill Dump
Site, to provide professional engineering services in connection with post-closure monitoring in
accordance with procedures and protocols included in the approved revised SMP dated June 2021
and prepared by CHA, for the total cost of $4,500.00 to complete work as follows:
2024: Additional Sampling during 2024 Bi-Annual Groundwater Monitoring
Event - $4,500.00.
Councilman Leach made a motion, seconded by Councilman Donlick, to receive and file
correspondence from Doreen Park, dated August 21, 2023, requesting relief of sewer charges in
the amount of $93.16 due to a water leak at her home located at 1177 Hillside Drive. All voting
aye, the motion was carried.
No action was taken regarding the request to allow time for Water/Sewer Superintendent
Congdon to provide the Board with more information.
(Note: Councilman Donlick was excused from the meeting at 5:40 p.m. for another engagement.)
RESOLUTION #292 SCHEDULE SPECIAL TOWN BOARD MEETING (BUDGET
WORKSHOP) FOR OCTOBER 10, 2023 AT 11:00 A.M.
Motion by Councilman Cobb
Seconded by Councilman Guido
VOTES: AYE – Williams, Cobb, Guido, Leach NAY – 0
ABSENT – Donlick
ADOPTED
OCTOBER 4, 2023 TOWN BOARD MEETING PAGE 5
BE IT RESOLVED, the Town Board does hereby schedule a Special Town Board Meeting
(Budget Workshop) for Tuesday, October 10, 2023 at 11:00 a.m. to be held at the Raymond G.
Thorpe Municipal Building, 3577 Terrace Road, Cortland, New York, for the purpose of
discussing the 2024 Tentative Budget of the Town of Cortlandville.
Councilman Leach made a motion, seconded by Councilman Guido, to receive and file
correspondence from Town Historian, Nick Alteri, dated October 1, 2023, regarding the naming
of Polkville. With the exception of Councilman Donlick who was absent, all voting aye, the
motion was carried.
RESOLUTION #293 SCHEDULE PUBLIC HEARING REGARDING THE TOWN’S
2021 COMMUNITY DEVELOPMENT BLOCK GRANT
TOWNWIDE HOUSING REHABILITATION GRANT (CDBG
#287HR317-21)
Motion by Councilman Leach
Seconded by Councilman Guido
VOTES: AYE – Williams, Cobb, Guido, Leach NAY – 0
ABSENT – Donlick
ADOPTED
BE IT RESOLVED, the Town Board hereby schedules a public hearing for November 8, 2023 at
5:00 p.m. at the Raymond G. Thorpe Municipal Building, concerning the Town’s 2021
Community Development Block Grant Townwide Housing Rehabilitation Grant (CDBG
#287HR317-21) for the purpose of providing details with respect to the program and program
progress, solicit comments with respect to funded activities and program administration, and
answer questions with respect to the CDBG Program or grant activities.
Councilman Cobb made a motion, seconded by Councilman Guido, to receive and file
correspondence from the Town of Groton, dated September 27, 2023, regarding a proposed Local
Law #2 of 2023 to amend various sections of the Town of Groton Land Use and Development
Code. All voting aye, the motion was carried.
RESOLUTION #294 ACKNOWLEDGE RECEIPT OF NOTICE OF PETITION FOR A
JUDMENT UNDER ARTICLE 78 OF THE CIVIL PRACTICE
LAW AND RULES, A DECLARATORY JUDMENT AND
INJUNCTIVE RELIEF: MARY BETH MATHEY V. TOWN
BOARD OF THE TOWN OF CORTLANDVILLE, ET. AL.
Motion by Councilman Guido
Seconded by Councilman Cobb
VOTES: AYE – Williams, Cobb, Guido, Leach NAY – 0
ABSENT – Donlick
ADOPTED
BE IT RESOLVED, the Town Board hereby acknowledges, by receiving and filing, the Notice of
Petition for a Judgment under Article 78 of the Civil Practice Law and Rules, a Declaratory
Judgment and Injunctive Relief: Mary Beth Mathey v. Town Board of the Town of Cortlandville,
et. al.
At Supervisor Williams request, no action was taken with regard to agenda item J-13,
“Town Board to discuss Electric Charging Stations project through Greenspot for Town Hall and
Gutchess Lumber Sports Complex locations.”
OCTOBER 4, 2023 TOWN BOARD MEETING PAGE 6
There was a brief discussion regarding the resolution to authorize the Supervisor to let out
to bid/request proposals for the Gutchess Lumber Sports Complex – Phase 2 Construction of
Concession Building. The bid documents would be available at the office of the Town Clerk after
they are finalized by the Town Attorney. Supervisor Williams requested the Board also give him
the authority to set the dates for going out to bid and to send the bid specifications out.
RESOLUTION #295 AUTHORIZE SUPERVISOR TO LET OUT TO BID/REQUEST
PROPOSALS FOR THE GUTCHESS LUMBER SPORTS
COMPLEX – PHASE 2, CONSTRUCTION OF CONCESSION
BUILDING
Motion by Councilman Cobb
Seconded by Councilman Guido
VOTES: AYE – Williams, Cobb, Guido, Leach NAY – 0
ABSENT – Donlick
ADOPTED
BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to let out to
bid/request proposals for the Gutchess Lumber Sports Complex – Phase 2, Construction of
Concession Building, and it is further
RESOLVED, the bid specifications shall be available at the office of the Town Clerk after they
have been finalized by the Town Attorney, and it is further
RESOLVED, the Supervisor is hereby authorized and directed to set the dates for going out to bid
and sending the bid specifications out.
In connection with the previous resolution, Supervisor Williams requested authorization to
engage the services of Charles Feiszli, P.E., to assist the Town with the design and bid documents
for the construction of the concession building. He explained that the Town put together a bid
package that Mr. Feiszli would review, modify and put together in an acceptable format that could
be bid on. Councilman Leach asked what the cost for the services would be. Supervisor Williams
could not provide an exact dollar amount. Councilman Leach suggested the Board authorize the
expenditure not to exceed $10,000.
RESOLUTION #296 AUTHORIZE SUPERVISOR TO ENGAGE THE SERVICES OF
CHARLES FEISZLI, P.E. TO PROVIDE SPECIFICATIONS AND
DRAWINGS FOR THE GUTCHESS LUMBER SPORTS
COMPLEX – PHASE 2, FOR THE CONSTRUCTION OF A
CONCESSION BUILDING
Motion by Councilman Guido
Seconded by Councilman Leach
VOTES: AYE – Williams, Cobb, Guido, Leach NAY – 0
ABSENT – Donlick
ADOPTED
BE IT RESOLVED, the Town Board hereby authorizes the Supervisor to engage the services of
Charles Feiszli, P.E. to assist the Town with the bid specifications and drawings for the Gutchess
Lumber Sports Complex – Phase 2, Construction of Concession Building, in an amount not to
exceed $10,000.00.
Supervisor Willaims asked if there was anything further to come before the Board.
Attorney DelVecchio requested an Executive Session to discuss pending litigation,
followed by an attorney-client privileged session.
Councilman Leach asked about the fire department’s concerns regarding electric vehicle
charging stations and fighting potential fires. Attorney DelVecchio mentioned that he recently
spoke with Greenspot and would have a separate conversation with Councilman Leach regarding
the matter.
OCTOBER 4, 2023 TOWN BOARD MEETING PAGE 7
No further comments or discussion was heard.
Councilman Leach made a motion, seconded by Councilman Cobb, to recess the Regular
Meeting to an Executive Session to discuss pending litigation. All voting aye, the motion was
carried.
The meeting was recessed at 5:52 p.m.
The following information was provided by the Town Supervisor.
Councilman Leach made a motion, seconded by Councilman Guido, to adjourn the
Executive Session and reconvene the Regular Meeting. All voting aye, the motion was carried.
No action was taken.
Supervisor Williams adjourned the Regular Meeting at 6:20 p.m. to an attorney-client
meeting.
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 October 23, 2023.
The final version of this meeting was approved as written at the Town Board meeting of , 2023.