Loading...
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.