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HomeMy WebLinkAboutB - 02 Town Board Minutes 11/8/2023 NOVEMBER 8, 2023 5:02 P.M. PUBLIC HEARING NO. 1 2024 PRELIMINARY 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 2024 Preliminary Budget. 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; Assistant to the Supervisor, Amanda Rainbow; Town Financial Advisor, Richard Tupper; William Chamberlain from Finger Lakes Group LLC; Cindy Stoker, Executive Director of the CNY Living History Center; Town Residents: Pamela Jenkins; Bob Martin; Barbara Leach; Andrea Niggli; Bernice Potter-Masler; News Reporter: Jack Lukowsky from Cortland Standard. Others present 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 offered privilege of the floor to Town Financial Advisor, Richard Tupper. Richard Tupper provided a brief overview of the 2024 budget process to those in attendance. He mentioned that once per month the Town Board receives the Supervisor’s monthly report of all funds/accounts the Town has. The Town Bookkeeper, Supervisor and Financial Advisor meet monthly and review a more detailed report that includes each budget line. The Bookkeeper balances the checking accounts to the penny each month. In addition to the annual AUD that is filed, the Town has a private audit of the finances completed each year to guarantee that nothing was being done outside of the rules of accounting. He also mentioned that the Town is rated by Moody’ as Aa3, which is the highest rating the Town can have. Based on the 2024 Preliminary Budget, Mr. Tupper mentioned that the Town will be under the tax levy limit again in 2024. The projected tax rate for townwide would increase approximately $0.013 per thousand of assessed value. Mr. Tupper did not provide the projected tax rate for the villages within the Town. Mr. Tupper informed the public that when the Town started working on the budget the tax rate was projected to increase $0.66 per thousand of assessed value, however they were able to reduce it to about a one cent increase. He explained that the highway equipment budget line increased about $200,000 to purchase new equipment; during the Covid-19 pandemic the Town did not purchase heavy equipment. He also explained that the General Fund A budget increased due to salaries and health insurance costs. A large portion of the budget is due to the Town’s payroll and benefits which cost about $3 million per year. The Town received almost $1 million in surplus sales tax revenue than budgeted for in 2023; the November sales tax check was the largest check the town has received to date. Mr. Tupper explained that more sales tax revenue was included in the 2024 budget. Supervisor Williams thanked Mr. Tupper for his comments. Supervisor Williams offered privilege of the floor to Pamela Jenkins. Town resident, Pamela Jenkins urged the Board to scratch agenda item I-4 and not to override the 2% tax cap but to instead cut spending. She commented on the Town’s recent contract renewal with Cardinale & DelVecchio law firm for the cost of $3,300 per month and asked that the contract be removed from the 2024 budget. She stated that the contract was not provided to the public for review prior to being approved. She asked about accountability, stating that the contract does not provide for a certain number of hours to be worked per month. She also asked if the contract was a conflict of interest for Attorney DelVecchio. Ms. Jenkins requested the Town account for the expense of all hours worked at Gutchess Lumber Sports Complex (GLSC) noting that a document does not exist to show the costs of Town NOVEMBER 8, 2023 PUBLIC HEARING NO. 1 PAGE labor/employees. She stated that a proper cost estimate could not be done without accounting for the labor. In the interest of the public, Ms. Jenkins asked that when the Board approves budget transfers at each meeting that they not just use the account numbers but specify the name of the budget line that funds are being moved to and from. She also asked for the Budget Officer salary of $27,650 to be cut, stating that the Town has staff that prepares the budget, that there is no need to pay the Supervisor to serve as Budget Officer, that it is part of his duties, and that the extra payment is a burden on taxpayers in addition to the payment made to Mr. Tupper. Supervisor Williams thanked Ms. Jenkins for her comments. Supervisor Williams offered privilege of the floor to Bob Martin. Town resident, Bob Martin commented on the 2024 Preliminary Budget and mentioned an anonymous political mailer distributed to Cortlandville residents regarding the proposal on the 2023 General Election ballot for the elimination of the 2nd Town Justice position. He stated that the 2024 preliminary budget does not show a reduction in expenditures. Since the proposal failed at the election, he asked what the Town’s backup plan was to save taxpayer dollars if that was the Town’s intent. Mr. Martin commented on the expenditures and revenues for the Gutchess Lumber Sports Complex stating that the revenue does not cover the debt or the costs of the sports complex. He mentioned that the Town paid CHA $68,700 to design the concession/restroom building but recently hired Resource Associates for $11,600 to design a pole-barn version of the same building. He suspected the new proposal was to reduce construction costs. Mr. Martin also commented on the increase in the snow removal budget line and thought it was too high. Finally, he thanked Mr. Tupper for clarifying the sales tax revenue and stated it was better to budget for the sales tax revenue at a realistic number. Supervisor Williams thanked Mr. Martin for his comments. No further comments or discussions were heard. The Public Hearing was closed at 5:20 p.m. NOVEMBER 8, 2023 5:24 P.M. PUBLIC HEARING NO. 2 NYS COMMUNITY DEVELOPMENT BLOCK GRANT TOWNWIDE HOUSING REHABILITATION GRANT CDBG #287HR317-21 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 Town of Cortlandville’s 2021 Community Development Block Grant Town-Wide Housing Rehabilitation Program (CDBG #287HR317-21): 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; Assistant to the Supervisor, Amanda Rainbow; Town Financial Advisor, Richard Tupper; William Chamberlain from Finger Lakes Group LLC; Cindy Stoker, Executive Director of the CNY Living History Center; Town Residents: Pamela Jenkins; Bob Martin; Barbara Leach; Andrea Niggli; Bernice Potter-Masler; News Reporter: Jack Lukowsky from Cortland Standard. Others present 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 offered privilege of the floor to those in attendance. Rich Cunningham representing Thoma Development Consultants, the administrator/program delivery consultant for the project, provided an overview of the NYS CDBG Townwide Housing Rehabilitation Grant (CDBG #287HR317-21). He explained that this was the second of two required public hearings; the first was held before the grant was received and the second is to be held when approximately 75% of the funds have been committed. Mr. Cunningham explained that the Town received $500,000 in CDBG funds to be used for the rehabilitation of substandard properties owned and occupied by low -to-moderate income (LMI) households in the Town of Cortlandville. To be eligible, the owner had to meet certain qualifications and conditions. The budget of the project was as follows: Rehabilitation: $410,000; Program Delivery: $65,000; Administration: $25,000. The Town’s goal for the project was to renovate 15 structures. The Town received 17 applications, out of which 10 have been completed, 2 are in progress, 1 applicant withdrew, 1 was found ineligible, and 3 have been added to the waitlist. As of October 31, 2023, a total of $437,325 has been spent, with an additional $61,279 set aside for the remaining funds dedicated to the last two projects. All activities that were carried out under the agreement, with the exception of those required for the closeout and final audit, were set to begin on the effective date of the agreement and terminate on December 8, 2023. Supervisor Williams thanked Mr. Cunningham for the information and offered privilege of the floor to those in attendance. No requests were made. No further comments or discussions were heard. The Public Hearing was closed at 5:24 p.m. NOVEMBER 8, 2023 5:24 P.M. PUBLIC HEARING NO. 3 NYS COMMUNITY DEVELOPMENT BLOCK GRANT ECONOMIC DEVELOPMENT SEVEN VALLEY SPECIALTY CABLES CDBG #287ED967-21 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 Town of Cortlandville’s 2021 Community Development Block Grant (CDBG) Economic Development Grant for Seven Valley Specialty Cables (CDBG #287ED967-21). 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; Assistant to the Supervisor, Amanda Rainbow; Town Financial Advisor, Richard Tupper; William Chamberlain from Finger Lakes Group LLC; Cindy Stoker, Executive Director of the CNY Living History Center; Town Residents: Pamela Jenkins; Bob Martin; Barbara Leach; Andrea Niggli; Bernice Potter-Masler; News Reporter: Jack Lukowsky from Cortland Standard. Others present 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 offered privilege of the floor to those in attendance. Rich Cunningham representing Thoma Development Consultants, the administrator/program delivery consultant for the project, provided an overview of the NYS CDBG Economic Development Grant for Seven Valley Specialty Cables (CDBG #287ED967- 21). He explained that the Town received $330,000 in CDBG funds under the Small B usiness Economic Development Program to be used to assist Seven Valley Specialty Cables (7VSC) with the purchase of cable manufacturing equipment required for 7VSC to jumpstart operations at its new facility. The purchase of the equipment would also create 22 new full-time (FTE) jobs, with 12 of the jobs available to low to moderate income persons. The company produces hi-tech specialty cables for niche markets (aerospace, defense, oceanographic, oil and gas, and seismic offshore uses), and is located at 839 Route 13 in the Town. The grant applicant’s goal was to create job opportunities and provide assistance to expand the business. Mr. Cunningham explained the budget of the project as follows: FF&E: $295,000; Program Delivery: $5,000; Working Capital: $25,000; Administration: $5,000. Mr. Cunningham explained that to date a total of 5 ½ jobs have been created. The balance of the jobs required could not be created until the Extruder was purchased, which is a large piece of equipment that was needed first in order to create the jobs. The grant completion date is April 1, 2024. The total amount spent as of October 31, 2023 is $250,374. An additional $77,600 will be allocated for machinery and job creation for low to moderate income earners. Supervisor Williams thanked Mr. Cunningham for the information and offered privilege of the floor to those in attendance. No requests were made. No further comments or discussions were heard. The Public Hearing was closed at 5:28 p.m. NOVEMBER 8, 2023 5:28 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; Assistant to the Supervisor, Amanda Rainbow; Town Financial Advisor, Richard Tupper; William Chamberlain from Finger Lakes Group LLC; Cindy Stoker, Executive Director of the CNY Living History Center; Town Residents: Pamela Jenkins; Bob Martin; Barbara Leach; Andrea Niggli; Bernice Potter-Masler; News Reporter: Jack Lukowsky from Cortland Standard. Others present via Zoom video/telephone conference: News Reporter: Eddie Velasquez from Cortland Voice. Supervisor Williams called the Regular Meeting to order. He explained that the Town’s health insurance representative/broker was in attendance to provide information regarding a new program available to the Town. William Chamberlain from The Fingerlakes Group, LLC explained he was from the Town’s employee benefits consulting firm that has been working with the Town for the past 18+ years. He presented the Board with information regarding a new Wellness Program offered by Safe Harbor Health that could be offered to Town employees who make in excess of $25,000 per year, with savings to both the employees who sign up and to the Town. He provided the Board with a packet of information which he reviewed in depth. He explained that the wellness program would not cost the Town money to implement; the Town will save money in payroll taxes for each employee that participates and the employees who participate would have extra money in their paycheck if they participate. Mr. Chamberlain informed the Board the program has been available since 2014, however his firm did not find a program they were comfortable with until this year. The program has been vetted by the corporate and personal accountant and has been installed at both firms. He explained the estimated savings to the town as follows: Eligible Employees: 42 Estimated Employer Yearly Tax Savings: $23,780.25 Estimated Yearly Employer Tax Savings per Employee: $ 566.20 Total Estimated Employee Yearly Tax Savings: $79,627.34 Estimated Yearly Tax Savings for Each Employee: $ 1,895.89 Employee Estimated Monthly Available funds to spend: $ 157.99 If the Town chooses to implement the program, employees will receive an individual letter explaining the program and indicating the savings they would receive if they participated in the Safe Harbor program. The employees could use the savings to boost their employee benefit package however they see fit, such as to increase their deferred compensation contribution. The enrollment process would be simple. In order to maintain eligibility, the employee would need to answer a 50-question health risk assessment annually. Safe Harbor would communicate with the employees. Mr. Chamberlain explained the benefits that would be available through the program such as the following: unlimited telehealth; unlimited mental health visits through telehealth; discount prescription program; hospital bill eraser in which they will look at hospital bills over $10,000 to ensure that charges were not being duplicated; employee assistance program; patient advocacy; personal records can be electronic; chronic disease management including programs to talk to trained professionals/support groups; physician matching services; wellness seminars; elder care; custom exercise programs. Mr. Chamberlain explained that the program costs $115 per month per employee, which would be covered through the Town’s payroll tax savings. He explained that section 124 pretax, is what allows the employees cost to come out of their gross pay and not their net pay – the charge would come out pretax. The wellness program falls under Section 105 and the cost of the plan NOVEMBER 8, 2023 TOWN BOARD MEETING PAGE 2 would then go back into the check. The employee has tax savings, and the town has payroll tax savings. Supervisor Williams asked Mr. Chamberlain what the Town’s next steps would be to offer the program. Mr. Chamberlain explained that he would give a presentation to all Town employees and be available to answer questions and assist with enrollment. He urged the Board or employees to call him with any questions. He thanked the Town for working with him for the past 18+ years. Supervisor Williams suggested the Board continue with privilege of the floor at this time. He noted that both Joe Nauseef and John Barden requested privilege of the floor, however neither were in attendance. Supervisor Williams offered privilege of the floor to Cindy Stoker. Cindy Stoker, Executive Director of the CNY Living History Center, requested the Board waive the building permit fee in the amount of $260.00 for the repairs to the block building, which will primarily be used for storage. She explained that the Town has waived the building permit fees for the CNY Living History Center’s projects in the past and asked for consideration for the not-for-profit. Supervisor Williams offered privilege of the floor to Pamela Jenkins. Town resident, Pamela Jenkins commented on the failed proposition on the 2023 general election ballot concerning the elimination of the 2nd Town Justice position. She stated that the public does not appreciate the Town doing things in private meetings or anonymous mailers. Secondly, Ms. Jenkins requested the Town post the minutes of the Comprehensive Plan Implementation Committee meetings. She informed the Board that the Committee on Open Government advised her that the committee appears to be a public body and stated the fact that the Board adopted a resolution that it is an advisory committee and was exempt from minutes does not make it proper. She stated that in the words of the Committee on Open Government, the Town cannot legislate the open meetings law as it applies to the committee. She asked that the minutes be made public. Lastly, Ms. Jenkins asked the Board to vote against the proposed local law to override the tax levy limit. Supervisor Williams thanked Ms. Jenkins for her comments. Councilman Cobb made a motion, seconded by Councilman Guido, to approve the Town Board Minutes of October 4, 2023, October 10, 2023, and October 18, 2023. All voting aye, the motion was carried. RESOLUTION #322 AUTHORIZE PAYMENT OF VOUCHERS – NOVEMBER Motion by Councilman Guido Seconded by Councilman Donlick 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 #1482-1600 HG, SF, SS, SW General Fund A $ 116,381.49 General Fund B $ 3,870.13 Highway Fund DA $ 0.00 Highway Fund DB $ 143,202.35 Gutchess Lumber SC Project HG $ 10,264.95 C’Ville Fire District SF $ 0.00 Sewer Fund SS $ 139,160.76 Water Fund SW $ 66,039.83 Funds CD1, CD3, CD4 Voucher #38-39 BMills Rehab CD1 $ 0.00 Town Wide Rehab CD3 $ 30,045.00 Business Devl CD4 $ 0.00 Funds TA, TE Voucher #32-32 Trust & Agency TA $ 1,085.76 Expendable Trust TE $ 0.00 NOVEMBER 8, 2023 TOWN BOARD MEETING PAGE 3 Councilman Guido made a motion, seconded by Councilman Donlick, to receive and file the following monthly reports: 1. Supervisor – September 2023; 2. Code Enforcement Officer, Kevin McMahon – October 2023; 3. Water & Sewer Department – October 2023; and 4. Town Clerk – October 2023. All voting aye, the motion was carried. Councilman Cobb made a motion, seconded by Councilman Guido, to receive and file correspondence from Charter Communications, dated October 27, 2023, regarding programming services. All voting aye, the motion was carried. Under old business, no action was taken with regard to the 2024 Preliminary Budget or the proposed local law to override the tax levy limit. As explained in previous meetings, the 2024 Preliminary Budget was under the tax cap and there was no need to adopt the local law. There was also no action necessary with regard to the Town’s 2021 Community Development Block Grant (CDBG) Economic Development Grant for Seven Valley Specialty Cables (Project #287ED967-21), or the Town’s 2021 Community Development Block Grant (CDBG) Town-wide Housing Rehabilitation Grant (Project # 287HR317-21). Councilman Cobb made a motion, seconded by Councilman Guido, to receive and file correspondence from Water/Sewer Superintendent, Brian Congdon, dated October 19, 2023, regarding his review and recommendation for a refund of $42.66 for the sewer potion of the July 2023 water/sewer bill due to a water leak at 1177 Hillside Drive. All voting aye, the motion was carried. RESOLUTION #323 AUTHORIZE SUPERVISOR TO ISSUE A SEWER REFUND TO DOREEN PARK IN THE AMOUNT OF $42.66 FOR PROPERTY LOCATED AT 1177 HILLSIDE DRIVE Motion by Councilman Donlick Seconded by Councilman Guido VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0 ADOPTED WHEREAS, the Town Board received correspondence from Doreen Park requesting the Board forgive the sewer portion of her July 2023 water/sewer bill due to a leak in the water pipe below the cement slab/foundation of her home located at 1177 Hillside Drive, and WHEREAS, upon review of said request and investigation by the Water and Sewer Department, and on the recommendation from Water/Sewer Superintendent, Brian Congdon, it was determined that excess water did not go through the sewer system and that a refund in the amount of $42.66 for a portion of the sewer bill could be forgiven due to the water leak, and WHEREAS, the property owner has paid the quarterly bill in full and has a $0.00 balance, therefore BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to issue a refund to Doreen Park in the amount of $42.66 for sewer charges for property located at 1177 Hillside Drive (Account #1341) in the Town of Cortlandville, and it is further RESOLVED, the Town Clerk is hereby authorized to adjust the sewer benefit tax for the year 2024 if necessary. There was discussion regarding the Town’s contract with Greenspot JC, LLC and the electric charging stations project for the Town. Attorney DelVecchio explained that the project has not gone as expected, noting there were issues with the locations planned for the charging stations. Attorney DelVecchio was in communication with the company regarding abandoning the project and what it would take to resolve the matter and both parties to walk away. He had yet to hear back from the company and would update the Board at a later date. NOVEMBER 8, 2023 TOWN BOARD MEETING PAGE 4 Councilman Guido made a motion, seconded by Councilman Donlick, to receive and file correspondence from NextEra Energy Resources, LLC, dated October 10, 2023, providing the town with a Notice of Intent to Construct a Solar Energy System/Solar Project Development on Riley Road, tax map #87.00-03-03.100. All voting aye, the motion was carried. Councilman Leach asked if the Town had to respond to the notice. Attorney DelVecchio explained there is a separate PILOT provision in the Town Code which was an automatic response. He would take another look at the Code to ensure a separate response was not needed. Attorney DelVecchio reported: Mary Beth Mathey v. Town of Cortlandville et. al.: Attorney DelVecchio apprised the Board he was in receipt of the response papers in the matter of Mary Beth Mathey v. Town of Cortlandville et. al. which were filed in the Supreme Court, Index No. EF23-534. He asked that the Board acknowledge receipt of the documents. RESOLUTION #324 ACKNOWLEDGE RECEIPT OF THE MEMORANDUM OF LAW IN OPPOSITION TO THE PETITION AND IN SUPPORT OF THE TOWN RESPONDENTS/DEFENDANTS CROSS- MOTION FOR SUMMARY JUDGMENT AND THE VERIFIED ANSWER, AFFIRMATIVE DEFENSES AND OBJECTIONS IN POINT OF LAW OF TOWN RESPONDENTS, IN THE MATTER OF MARY BETH MATHEY V. TOWN OF CORTLANDVILLE ET. AL. Motion by Councilman Cobb Seconded by Councilman Donlick VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0 ADOPTED BE IT RESOLVED, the Town Board does hereby acknowledge, by receiving and filing, the Memorandum of Law in Opposition to the Petition and in Support of the Town Respondents/Defendants Cross-Motion for Summary Judgment; and the Verified Answer, Affirmative Defenses and Objections in Point of Law of Town Respondents, in the matter of Mary Beth Mathey v. Town of Cortlandville et. al. (Index No. EF23-534). Anthony Pace v. Town of Cortlandville et. al.: Attorney DelVecchio apprised the Board he was in receipt of the Decision and Order in the matter of Anthony Pace v. Town of Cortlandville et. al., a federal lawsuit filed in the United States District Court, Northern District of New York. He explained that the Defendants’ motion to dismiss the case was granted; judgment was entered in the Defendants’ favor. He asked that the Board acknowledge receipt of the document. RESOLUTION #325 ACKNOWLEDGE RECEIPT OF THE DECISION AND ORDER IN THE MATTER OF ANTHONY AA PACE V. THE COUNTY OF CORTLAND; CORTLAND COUNTY SHERIFFS OFFICE; MARK HELMS, CORTLAND COUNTY SHERIFF; CODY SANDY, COUNTY POLICE OFFICER; DOMINIC CARACCI, COUNTY POLICE OFFICER; AMBER MORSCH, COUNTY POLICE OFFICER; DEAN STRICKLAND, COUNTY POLICE OFFICER; KRISTIN ROCCO-PETRELLA, CORTLANDVILLE TOWN CLERK; AND JOHN DELVECCHIO, ATTORNEY Motion by Councilman Guido Seconded by Councilman Cobb VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0 ADOPTED NOVEMBER 8, 2023 TOWN BOARD MEETING PAGE 5 BE IT RESOLVED, the Town Board does hereby acknowledge, by receiving and filing, the Decision and Order in the matter of Anthony AA Pace v. the County of Cortland; Cortland County Sheriffs Office; Mark Helms, Cortland County Sheriff; Cody Sandy, County Police Officer; Dominic Caracci, County Police Officer; Amber Morsch, County Police Officer; Dean Strickland, County Police Officer; Kristin Rocco-Petrella, Cortlandville Town Clerk; and John DelVecchio, Attorney. Supervisor Williams reported: Veterans Day: In honor of Veterans Day, Supervisor Williams requested the Board adopt a resolution to honor those who have served our Country. RESOLUTION #326 RESOLUTION IN HONOR OF, AND IN GRATITUDE FOR, THE VETERANS WHO HAVE SERVED OUR COUNTRY Motion by Councilman Leach Seconded by Councilman Cobb VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0 ADOPTED BE IT RESOLVED, it is with great honor and respect that the Cortlandville Town Board thanks the Veterans of our community for their time, bravery, and sacrifice for this Country. We are forever grateful for what you've done to maintain America's freedom. Thank you for your bravery, and the example you set for us all. We honor all current and former members of the Armed Services. Our country’s greatness is built on the foundation of your courage. Sales Tax: Supervisor Williams informed the Board that he received the last quarter sales tax check from the County and that it was the largest check received to date. The Town received almost $1 million more in revenue than budgeted for in 2023. Water Fountain – Town Hall: Supervisor Williams reported that after further research, it was determined that the water fountain/water bottle filtered refilling station could not be installed. A less expensive option was pursued and installed in the Town Hall breakroom. As such, he asked the Board to rescind the resolution authorizing the purchase order for the wall mounted water bottle filtered refilling station. RESOLUTION #327 RESCIND TOWN BOARD RESOLUTION #298 OF 2023 TO “AUTHORIZE SUPERVISOR TO SIGN PURCHASE ORDER #0222 TO GLOBAL INDUSTRIAL TO PURCHASE AN ELKAY EZH20 ENHANCED WALL MOUNTED WATER BOTTLE FILTERED REFILLING STATION FOR THE RAYMOND G. THORPE MUNICIPAL BUILDING FOR THE TOTAL COST OF $1,349.99” 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 rescind Town Board Resolution #298 of 2023 “Authorize Supervisor to sign Purchase Order #0222 to Global Industrial to purchase an Elkay EZH20 Enhanced Wall Mounted Water Bottle Filtered Refilling Station for the Raymond G. Thorpe Municipal Building for the total cost of $1,349.99”. NOVEMBER 8, 2023 TOWN BOARD MEETING PAGE 6 Town Board Member reports: Councilman Donlick informed the Board that he received complaints from the public regarding vehicles speeding on McLean Road and asked for the Sheriff’s speed limit sign to be requested. Attorney DelVecchio informed the Board that the speed limit sign was already placed on McLean Road. Another concern voiced by residents was that there were no signs on McLean Road to indicate that Fairview Drive and Luker Road were approaching. Highway Superintendent Drach mentioned that McLean Road is a county road. Councilman Donlick also informed Highway Superintendent Drach that a streetlight was out on Route 281 and Fisher Avenue. Attorney DelVecchio commented that he and Highway Superintendent Drach were trying to get extra parts from Siemens [in order to replace the bulbs]. He explained that there are certain things in the contract that are under warranty. Several lights have been out for a while; the Town was trying to address the matter. At this time in the meeting, the Board proceeded with new business items. RESOLUTION #328 ACKNOWLEDGE RECEIPT OF GRANT AWARD IN THE AMOUNT OF $5,000 THROUGH THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY (NYSERDA) FOR ACHIEVING FOUR ACTIONS IN THE CLEAN ENERGY COMMUNITIES PROGRAM Motion by Councilman Leach Seconded by Councilman Guido VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0 ADOPTED BE IT RESOLVED, the Town Board hereby acknowledges receipt of a grant award in the amount of $5,000 through the New York State Energy Research and Development Authority (NYSERDA) for achieving four actions in the Clean Energy Communities Program: 1. Energy Code Enforcement Training - Leadership Round; 2. LED Street Lights - Cobra Head Fixtures; 3. LED Street Lights - Decorative Fixtures; and 4. Unified Solar Permit. RESOLUTION #329 AUTHORIZE APPROVAL OF PAYMENTS (DRAW #20) REGARDING THE TOWN’S 2021 COMMUNITY DEVELOPMENT BLOCK GRANT TOWN-WIDE HOUSING REHABILITATION PROGRAM (CDBG #287HR317-21) 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 payment (Draw #20) for the following regarding the Town’s 2021 Community Development Block Grant Town-Wide Housing Rehabilitation Program (CDBG #287HR317-21): Reome Electrical & General Contracting – Payment to contractor (Brown) – $ 9,900.00 Reome Electrical & General Contracting – Payment to contractor (Cutler) – $15,250.00 RESOLUTION #330 AUTHORIZE CORTLANDVILLE TOWN COURT TO APPLY FOR A JUSTICE COURT ASSISTANCE PROGRAM (JCAP) GRANT IN THE 2023-24 GRANT CYCLE UP TO $30,000.00 Motion by Councilman Cobb Seconded by Councilman Leach VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0 ADOPTED WHEREAS, the New York State Unified Court System has a grant available through the Justice Court Assistance Program (JCAP) to town and village courts with a maximum award of $30,000.00 per court, and NOVEMBER 8, 2023 TOWN BOARD MEETING PAGE 7 WHEREAS, Town Justice, Hon. Robert J. DeMarco has completed the 2023-24 JCAP Grant Application to purchase a baggage security scanner, and WHEREAS, the Town Board fully supports Hon. DeMarco in his 2023-24 JCAP Grant Application for the Cortlandville Town Court to provide additional security to the Raymond G. Thorpe Municipal Building and the entranceway to the Town Court, therefore BE IT RESOLVED, the Town Board of the Town of Cortlandville authorizes the Cortlandville Town Court to apply for a JCAP grant in the 2023-24 grant cycle up to $30,000.00, and it is further RESOLVED, the Town Clerk is hereby authorized and directed to prepare a certified copy of the foregoing resolution to be forwarded to the New York State Unified Court System along with the required documents. Councilman Guido made a motion, seconded by Councilman Donlick, to receive and file correspondence from New York State Homes and Community Renewal, dated November 6, 2023, regarding the thirty (30) day completion notice for New York State Community Development Block Grant (CDBG) Project #287HR317-21, which is set to occur on December 8, 2023. All voting aye, the motion was carried. RESOLUTION #331 REFER AQUIFER PROTECTION PERMIT APPLICATION SUBMITTED BY HOSPITALITY RESTAURANT GROUP (TACO BELL) TO THE TOWN AND COUNTY PLANNING BOARDS FOR REVIEW AND RECOMMENDATIONS Motion by Councilman Guido Seconded by Councilman Donlick VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0 ADOPTED BE IT RESOLVED, the Aquifer Protection Permit application submitted by Hospitality Restaurant Group regarding the demolition of the existing structure, and construction of a new drive-thru style restaurant (Taco Bell), located at 860 Route 13, tax map #95.20-02-04.000, is hereby received and filed and shall be forwarded to the Town and County Planning Boards for review and recommendations. Councilman Guido made a motion, seconded by Councilman Donlick, to receive and file the Cortland County Planning Department Review and Recommendations, dated October 16, 2023, regarding the Aquifer Protection Permit application submitted by Pall Corporation to construct a 22,000 sq. ft. building expansion for property described as 3643 Route 281, on the northwest side of where 281 intersects with McLean Road, tax map #95.12-01-07.000. All voting aye, the motion was carried. The Town Board took no action to schedule a public hearing regarding the Aquifer Protection Permit application of Pall Corporation as the project was still pending before the Town Planning Board. Councilman Leach made a motion, seconded by Councilman Guido, to receive and file correspondence from Cortland County, dated October 18, 2023, regarding the Department of Social Services 2023-2024 Home Energy Assistance Program (HEAP). All voting aye, the motion was carried. Councilman Guido made a motion, seconded by Councilman Cobb, to receive and file correspondence from the Cortland County Industrial Development Agency, dated October 17, 2023, regarding the Payment in Lieu of Tax (PILOT) Agreement between the Town and Forkey Construction and Fabrication that will expire on January 31, 2024. All voting aye, the motion was carried. NOVEMBER 8, 2023 TOWN BOARD MEETING PAGE 8 RESOUTION #332 DECLARE UNCOLLECTIBLE DEBT FOR THE 2023 GRASS MOWING/TRIMMING CHARGES FOR PROPERTY LOCATED AT 805 LAMONT CIRCLE DUE TO THE PROPERTY BEING SOLD AT THE CORTLAND COUNTY TAX AUCTION Motion by Councilman Cobb Seconded by Councilman Leach VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0 ADOPTED WHEREAS, in 2023 the Town of Cortlandville responded to and enforced the grass and weed control complaints for property located at 805 Lamont Circle, tax map #95.16-01-71.000, which resulted in the Town Highway Department mowing the property, and WHEREAS, the Town remitted the bills to the property owner Grace Hedlund for payment and to date the invoice in the amount of $387.00 has not been paid, and WHEREAS, a judgment for non-payment of taxes was entered in 2023 by the County of Cortland that resulted in the deed being issued to the County of Cortland and has since been conveyed to new property owners, therefore BE IT RESOLVED, the Town Board does hereby declare and determine that the obligation has become uncollectible and should be written off as uncollectible debt as it can no longer be relevied to the 2024 Town/County tax bill. Councilman Donlick made a motion, seconded by Councilman Guido, to receive and file correspondence from the Cortland County Health Department, dated October 26, 2023, regarding the release of the 2023 Cortland County Childhood Lead Poisoning Needs Assessment. All voting aye, the motion was carried. Councilman Guido made a motion, seconded by Councilman Cobb, to receive and file correspondence from Cortland County, dated October 30, 2023, regarding the Department of Social Services Announcement of an Emergency Code Blue Warming Center to open due to inclement weather this week. All voting aye, the motion was carried. Councilman Guido made a motion, seconded by Councilman Donlick, to receive and file correspondence from Cortland County, dated November 3, 2023, regarding information for the November 7, 2023 election in Cortland County. All voting aye, the motion was carried. RESOLUTION #333 AUTHORIZE ADDITIONAL EXPENDITURE OF UP TO $4,400 FOR THE PURCHASE OF TWO NEW PICK-UP TRUCKS FOR THE TOWN HIGHWAY DEPARTMENT AND WATER/SEWER DEPARTMENT Motion by Councilman Leach Seconded by Councilman Cobb VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0 ADOPTED WHEREAS, on February 1, 2023, the Town Board authorized the purchase of four 2023 Chevrolet 2500 HD Silverado 4WD Standard Box Crew Cabs for the Town Highway Department (2) and Water/Sewer Department (2), and WHEREAS, there was an increase in price from the initial authorization as two of the trucks that became available are 2024 Chevrolet Silverado trucks instead of the 2023 Chevrolet Silverado trucks that were quoted, therefore BE IT RESOLVED, the Town Board hereby authorizes the expenditure of up to $4,400 for the purchase of two 2024 Chevrolet Silverado pick-up trucks for the Town Highway Department (1) and Water/Sewer Department (1), the purchase of which was approved by Resolution #65 and #66 of 2023. NOVEMBER 8, 2023 TOWN BOARD MEETING PAGE 9 With no further comments or discussion to be heard, Supervisor Williams requested the Board convene to an Executive Session to discuss pending litigation. Action would not be taken afterwards. Councilman Leach made a motion, seconded by Councilman Guido to recess the Regular Meeting to an Executive Session to discuss a contract. All voting aye, the motion was carried. The meeting was recessed at 6:26 p.m. 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. The Executive Session was adjourned at 7:02 p.m. No action was taken. No further comments or discussion were heard. Supervisor Williams adjourned the Regular Meeting at 7:02 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 15, 2023. The final version of this meeting was approved as written at the Town Board meeting of .