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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 .