HomeMy WebLinkAboutB - 03 Special Town Board Minutes 10/24/2023
OCTOBER 24, 2023 3:04 P.M.
SPECIAL TOWN BOARD MEETING
BUDGET WORKSHOP
The Special 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; Town Financial Advisor, Richard
Tupper; Financial Administrator, Megan Johnson; Deputy Town Clerk, Abigail Albro; Assistant
to the Supervisor, Amanda Rainbow; Town resident: Andrea Niggli; News Reporter, Jack
Lukowsky from Cortland Standard. Others joining via Zoom video/telephone conference: None.
Supervisor Williams called the Special Meeting to order for the purpose of a budget
workshop to discuss the 2024 tentative budget. He explained that whether the Board calls the
meeting a budget workshop or not, it was an official Board meeting.
He explained that at the last meeting (called for a budget workshop), the Board had a
conversation about the Budget Officer’s salary. He stated that he “mistakenly said let’s do a straw
vote and that ended up in the minutes as a resolution”. Supervisor Williams asked for a resolution
to rescind Resolution #297 of 2023, which decreased the salary of the Budget Officer, and to then
bring the matter back up for discussion.
RESOLUTION #319 RESCIND TOWN BOARD RESOLUTION #297 OF 2023,
“DECREASE THE SALARY OF THE BUDGET OFFICER AS
LISTED IN THE 2024 TENTATIVE BUDGET (A1340.1) BY
$12,000.00”
Motion by Councilman Guido
Seconded by Councilman Cobb
VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0
ADOPTED
BE IT RESOLVED, the Town Board hereby rescinds Town Board Resolution #297 of 2023,
adopted October 10, 2023, titled, “Decrease the Salary of the Budget Officer as Listed in the 2024
Tentative Budget (A1340.1) by $12,000.00, and it is further
RESOLVED, the Town Board shall have further discussion regarding the Budget Officer’s salary.
Supervisor Williams explained that the tentative budget may increase or decrease but once
it becomes the preliminary budget, the budget lines can only decrease. A public hearing would be
held, and at a future meeting it would become the adopted budget. Supervisor Williams stated
there were at least three items to discuss but hoped that the Board could move the tentative budget
to the preliminary budget by the end of the meeting.
The first item discussed was a matter that the Board addressed and approved at their
October 18, 2023 meeting, which involved an increase of $4,500 to the expenditure line for the
South Hill Dump (A8090.4). Supervisor Williams explained that additional testing was required
by the DEC and that the Board approved CHA to conduct the testing for the additional cost. The
budget line increased from $14,000 to $18,500.
The second matter discussed involved the salary of the Budget Officer. A lengthy
discussion occurred. Supervisor Williams explained that at the October 10, 2023 Town Board
Meeting, a matter was brought up by Councilman Leach to change the salary structure of the
Supervisor/Budget Officer and discussion was had. Supervisor Williams indicated that he asked
for a “straw vote”, that he abstained from voting but didn’t have to, and the vote was 3 to 1 to
reduce the Budget Officer salary. Supervisor Williams asked if a member of the Board wanted to
propose a resolution to change the salary structure of the Supervisor/Budget Officer.
OCTOBER 24, 2023 SPECIAL TOWN BOARD MEETING PAGE 2
Councilman Donlick referenced the Town Law manual published by the Association of
Towns, and stated it was quite clear that the Supervisor is the Budget Officer, or he can appoint
someone else to do that job at his discretion. He stated that his perception, and perhaps the public’s
perception, was that the Supervisor “just grabbed that position” and there was no justification for
it. However, by law the Supervisor can do that. Councilman Donlick suggested the Board leave
the salary amount alone for the Budget Officer.
Attorney DelVecchio informed the Board that in 2019 Councilman John Proud and
Councilman Randolph Ross formed a committee that did a comprehensive analysis of issues
related to these positions. A comprehensive memorandum was drafted and adopted by the Town
Board at the time that gave reasons and justifications as to why the Town Board thought it was a
good idea to have budget lines for a budget officer and a fiscal advisor. The Board adopted the
memorandum (April 2019) which is what the Board has in place today. Attorney DelVecchio
stated that not only was the matter discussed but it was studied. He mentioned that Mr. Ross was
an attorney and put a lot of time into discussing it and analyzing it. Mr. Tupper was the Town
Supervisor at the time and Mr. DelVecchio was the Town Attorney. Supervisor Williams stated
that Mr. Tupper could answer questions if there were any. No questions were asked by the Board.
Supervisor Williams asked for a motion by the Board.
Councilman Cobb made a motion to stay within the budget as it was set up and suggested
that Mr. Tupper work four of five months, or however long it took for the budget to be put together,
noting that Mr. Tupper also asked for a raise. There was no second to the motion.
Supervisor Williams asked the Board to deal with one issue at a time, the first one being
the Budget Officer as prescribed by Town Law. He asked if there was a motion in relation to the
Tentative Budget.
Attorney DelVecchio mentioned that Mr. Tupper is paid from the budget line of Fiscal
Officer, not from the Budget Officer line. Supervisor Williams indicated the Mr. Tupper’s contract
would be handled at the organizational meeting in 2024 when other contracts are discussed. He
again asked if anyone wished to address the Budget Officer line in the Tentative Budget.
Councilman Cobb made a motion, seconded by Councilman Guido, to leave the Budget
Officer’s salary alone and as reflected in the 2024 Tentative Budget.
Conversation followed with Councilman Leach asking if the salary would be for the 2024
year only or moving forward. Supervisor Williams explained that the Budget Officer is appointed
by the Supervisor and that the only relationship the Town Board has with the Budget Officer is to
establish pay commensurate with their responsibilities. He reiterated the Town Law regarding the
appointment of the Budget Officer by the Supervisor. The Supervisor is the Budget Officer, or the
Supervisor can name anyone else – the Budget Officer did not have to be a member of the Board
or, to his understanding, an elector of the town.
Councilman Leach stated, “I don’t think this is accurate … I can’t support that.”
Councilman Donlick read from the Town Law manual, Chapter 4 Fiscal Matters Section 4-2 as
follows: “The supervisor also serves as the town’s budget officer, although he or she has the ability
to delegate this authority and appoint any person to serve as budget officer.”
Supervisor Williams stated that Councilman Leach could disagree, but the Board does not
have the authority to change the law. Councilman Leach asked Supervisor Williams, “will you be
the Budget Officer and that won’t be up for debate?” Attorney DelVecchio explained that it was
an annual appointment and that any Supervisor that sits in that position at any time could change
that appointment. Supervisor Williams stated that as far as the budget is concerned, the budget
being discussed was for the fiscal year January 1, 2024 through December 31, 2024. Councilman
Leach stated he did not want to approve something and find out the law says something else.
With no further discussion, Supervisor Williams called for a vote on the motion.
RESOLUTION #320 DECLARE THAT THE SALARY OF THE BUDGET OFFICER
AS LISTED IN THE 2024 TENTATIVE BUDGET (A1340.1)
SHALL REMAIN IN THE AMOUNT OF $27,651.81
Motion by Councilman Cobb
Seconded by Councilman Guido
VOTES: AYE – Cobb, Donlick, Guido NAY – Leach
ABSTAIN – Williams
ADOPTED
BE IT RESOLVED, the Town Board hereby declares that the salary of the Budget Officer as listed
in the 2024 Tentative Budget (A1340.1) shall remain in the amount of $27,651.81.
OCTOBER 24, 2023 SPECIAL TOWN BOARD MEETING PAGE 3
Supervisor Williams asked if Councilman Leach’s original motion (on October 10, 2023)
was intended to affect the Supervisor’s salary. Councilman Leach’s concern was paying the
Budget Officer and hiring extra help. He stated, anyone we hire should do their jobs and that he
was trying to save the taxpayers money. He stated that he did not intend to offend anyone.
Supervisor Williams stated that he was not taking any offense and mentioned that assistants are
hired for many positions in the Town. Supervisor Williams wanted it on the record that from
Councilman Leach’s original comments, there was no comment about the Supervisor’s salary.
The third matter discussed was a request made by a department head for an increase in
salary for their staff in addition to the 3.2% raise that was included in the Tentative Budget.
Supervisor Williams explained that the budget committee looked at the request and decided that
what should happen is a study of the whole salary structure; that a “comprehensive salary plan
townwide” was needed. Supervisor Williams apologized that the salary reviews discussed in the
past were not done. He mentioned that the Board took action at their last meeting to hire HR
Consultant, Sylvia Hall to continue her work with the Town to complete a salary
plan/policy/procedure to put everyone on one playing field with steps and grades and how to move
from one step or grade to another. Supervisor Williams stated that Ms. Hall hesitated to do that
and that it was not her area of expertise. Supervisor Williams would meet with Ms. Hall on
Thursday and ask her if she could find another company or professional to complete the task and
become a liaison between the Town and the company. Supervisor Williams spoke highly of Ms.
Hall’s accomplishments and career, stating she was talented, well trained and would serve as a
good “front person”.
Supervisor Williams reverted back to the written request made for the increase in salaries
and asked the Board if they wanted to consider taking action on the letter.
Councilman Guido made a motion, seconded by Councilman Cobb, to discuss the request.
Councilman Guido stated that he thought it should be priority number one going into the
new year to establish a salary schedule. He mentioned that the school district he worked for had a
schedule in place and that it would help alleviate questions regarding salaries, such as for someone
who has experience in a position or someone starting a position.
Supervisor Williams stated that Councilman Guido’s motion was not one that action could
be taken on. He explained the Board’s options if they wanted to discuss the matter. He asked if
the Board wanted to move forward with the request. He explained that if there was no motion the
request would die. The Board could do nothing, move to do nothing, or move not to accept.
Councilman Guido made a motion to move forward with the request [for the additional
salary as requested by the department head]. Supervisor Williams asked if there was a second.
For lack of a second, the motion failed.
Supervisor Williams asked if there was anything further to come before the Board that
would amend the tentative budget. Councilman Donlick asked to discuss the Fiscal Officer
position, noting that Councilman Cobb touched on a four- or five-month period of time rather than
12 months. Supervisor Williams stated this would be better addressed at the organizational
meeting when other independent contractor positions are discussed. The Board could set
conditions around the renewal of hiring Mr. Tupper.
With no further comments or discussion to be heard, Supervisor Williams requested a
motion to accept the 2024 Tentative Budget with modifications as the 2024 Preliminary Budget,
noting that only one change was made to increase the budget line for the South Hill Dump in the
amount of $4,500.
RESOLUTION #321 ACCEPT 2024 TENTATIVE BUDGET WITH MODIFICATIONS
AS THE 2024 PRELIMINARY BUDGET
Motion by Councilman Cobb
Seconded by Councilman Donlick
VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0
ADOPTED
WHEREAS, the 2024 Tentative Budget was presented to the Town Board at the October 4, 2023
Town Board Meeting, and
WHEREAS, the Town Board conducted two Special Meetings/Budget Workshops for the purpose
of discussing the 2024 Tentative Budget and made the following modifications:
OCTOBER 24, 2023 SPECIAL TOWN BOARD MEETING PAGE 4
INCREASE/
FUND FUND NAME TENTATIVE DECREASE AMOUNT PRELIMINARY
CHANGES IN EXPENDITURES – GFA
A8090.4 South Hill Dump Site $14,000.00 Increase $4,500.00 $18,500.00
CHANGES IN REVENUE – GFA
A1001 Real Property Taxes $2,085,107.00 Increase $4,500.00 $2,089,607.00
THEREFORE, BE IT RESOLVED, the Town Board does hereby accept the 2024 Tentative
Budget with modifications as the 2024 Preliminary Budget.
Mr. Tupper apprised the Board that Ms. Johnson calculated the proposed tax rate for 2024.
The Town tax rate would be approximately $3.62/1,000 of assessed value, an increase of
approximately $0.01. The Village tax rate would be approximately $3.43/1,000 of assessed value,
an increase of approximately $1.12. Supervisor Williams mentioned that the final tax rate is
calculated by the County.
Attorney DelVecchio requested the Board to convene to an Executive Session to discuss
pending litigation.
Councilman Guido made a motion, seconded by Councilman Cobb, to adjourn the Special
Meeting to an Executive Session to discuss pending litigation. All voting aye, the motion was
carried.
The meeting was recessed at 3:38 p.m.
The following information was provided by the Town Supervisor.
Councilman Guido made a motion, seconded by Councilman Cobb, to adjourn the
Executive Session and reconvene the Special Meeting. All voting aye, the motion was carried.
The meeting resumed at 4:25 p.m.
No action was taken.
No further comments or discussion was heard.
Supervisor Williams adjourned the meeting at 4:25 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 November 10, 2023.
The final version of this meeting was approved as written at the Town Board meeting of .