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HomeMy WebLinkAboutB - 03 Town Board Minutes 11/15/2023 NOVEMBER 15, 2023 5:04 P.M. TOWN BOARD MEETING The Regular Meeting of the Town Board of the Town of Cortlandville was held at the McGraw Community Building, 15 Clinton Street, McGraw, New York with Deputy Supervisor Cobb presiding. Members present: Deputy Supervisor, Jay E. Cobb Councilman, David J. Donlick Councilman, Jeffrey D. Guido Councilman, Gregory K. Leach Town Clerk, Kristin E. Rocco-Petrella Excused: Supervisor, Thomas A. Williams Others present: Town Attorney, John DelVecchio; Highway Superintendent, Larry Drach; Assistant to the Supervisor, Amanda Rainbow; County Legislator, Joe Nauseef; Connie White; John Barden; Town Residents: Pamela Jenkins; Bob Martin; Chad and Andrea Niggli; Patrick Leach; Justin Cobb; Bernice Potter-Masler; Glenn Reisweber; News Reporters: Jack Lukowsky from Cortland Standard; and Eddie Velasquez from Cortland Voice. Deputy Supervisor Cobb called the Regular Meeting to order. Councilman Leach made a motion, seconded by Councilman Guido, to receive and file the Cortlandville Planning Board Minutes of September 26, 2023. All voting aye, the motion was carried. Councilman Guido made a motion, seconded by Councilman Donlick, to receive and file the Cortlandville Zoning Board of Appeals Minutes of October 24, 2023. All voting aye, the motion was carried. Councilman Guido made a motion, seconded by Councilman Donlick, to approve the Draft Special Town Board Minutes of October 24, 2023. All voting aye, the motion was carried. RESOLUTION #334 AUTHORIZE SUPERVISOR TO SIGN PURCHASE ORDER #1492 TO KURTZ TRUCK EQUIPMENT FOR A 140” DUMP TRUCK CYLINDER FOR THE TOWN HIGHWAY DEPARTMENT FOR THE TOTAL COST OF $3,099.53 Motion by Councilman Leach Seconded by Councilman Guido VOTES: AYE – Cobb, Donlick, Guido, Leach NAY – 0 ABSENT – Williams ADOPTED BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to sign Purchase Order #1492 to be paid to Kurtz Truck Equipment, as requested by Highway Superintendent Drach, for the purchase of a 140” Dump Truck Cylinder, for the total cost of $3,099.53. RESOLUTION #335 AMEND 2023 BUDGET AND AUTHORIZE TRANSFER OF FUNDS Motion by Councilman Leach Seconded by Councilman Guido VOTES: AYE – Cobb, Donlick, Guido, Leach NAY – 0 ABSENT – Williams ADOPTED BE IT RESOLVED, the Budget Officer is hereby authorized and directed to transfer funds to adjust the accounts of the 2023 Budget for the Town of Cortlandville as follows: NOVEMBER 15, 2023 TOWN BOARD MEETING PAGE 2 BUDGET JOURNAL ENTRIES: Debit Credit Amount Reason A1910.4 A1990.4 $5,178.93 Was more than estimated (Insurance) A7110.1 A1990.4 $12,551.07 Added a full-time employee (Gutchess personnel) A7110.1 A7110.21 $5,000.00 Added a full-time employee (Gutchess personnel) A7110.1 A7110.23 $10,000.00 Added a full-time employee (Gutchess personnel) A7110.1 A7110.24 $2,500.00 Added a full-time employee (Gutchess personnel) A7110.4 A7110.24 $7,500.00 To cover expenses (Gutchess contractual) A7110.4 A7110.41 $3,000.00 To cover expenses (Gutchess contractual) A7110.4 A7110.43 $10,349.36 To cover expenses (Gutchess contractual) A7110.4 A3310.4 $7,000.00 To cover expenses (Gutchess contractual) A7110.44 A3310.4 $3,500.00 To cover expenses (Gutchess contractual) B7310.4 B1990.4 $4,898.08 Contract more than budgeted (Youth programs) DB5112.2 DB5110.4 $136,169.73 CHIPS always over to get more next year (CHIPS) DB51332.4 DB5130.4 $435.00 Service Alert (Hwy Storage Lime Hollow) RESOLUTION #336 AUTHORIZE PAYMENT OF VOUCHERS – NOVEMBER Motion by Councilman Leach Seconded by Councilman Guido VOTES: AYE – Cobb, Donlick, Guido, Leach NAY – 0 ABSENT – Williams ADOPTED BE IT RESOLVED, the vouchers submitted have been audited and shall be paid as follows: Funds A, B, DA, DB, Voucher #1601-1648 HG, SF, SS, SW General Fund A $ 177,389.13 General Fund B $ 11,006.46 Highway Fund DA $ 0.00 Highway Fund DB $ 107,698.54 Gutchess Lumber SC Project HG $ 0.00 C’Ville Fire District SF $ 0.00 Sewer Fund SS $ 18,357.17 Water Fund SW $ 25,985.73 Funds CD1, CD3, CD4 Voucher #40-41 BMills Rehab CD1 $ 0.00 Town Wide Rehab CD3 $ 0.00 Business Devl CD4 $ 25,150.00 Funds TA, TE Voucher #(None) Trust & Agency TA $ 0.00 Expendable Trust TE $ 0.00 Deputy Supervisor Cobb offered privilege of the floor to John Barden. John Barden apprised the Board he was in attendance to discuss a complaint made more than three years ago to the Town concerning property located at 3697 Route 215, which he stated was a residential zoned neighborhood. Mr. Barden stated that the property owner turned the property into commercial property without the proper permits. Mr. Barden stated that he would like to email the Town Board and asked for a response to his questions, which he said he would like to put on record with the Town Clerk. He asked why the Code Enforcement Officer, who was employed by the Town, was not able to write citations without going through the Town Attorney. Deputy Supervisor Cobb thanked Mr. Barden for his comments. Deputy Supervisor Cobb offered privilege of the floor to Pamela Jenkins. Town resident, Pamela Jenkins, added to the comments made by Mr. Barden stating that the property is zoned residential and has been for decades. The Town’s adopted Comprehensive Plan also shows the parcel mapped as residential. She stated that under NYS Zoning Law the ZBA cannot legally grant a use variance for the logging business because the hardship has been self- imposed; the owner chose to locate to the area. She stated that this should have been treated as a code violation and not allowed to go on for three years. Ms. Jenkins continued, stating that the property was not in the character of the neighborhood; it was a visual change; higher intensity use; violates the zoning that was established; and should not have been allowed to continue and expand. Ms. Jenkins later submitted her comments in writing to the Town Clerk for the record. Deputy Supervisor Cobb thanked Ms. Jenkins for her comments. NOVEMBER 15, 2023 TOWN BOARD MEETING PAGE 3 Deputy Supervisor Cobb offered privilege of the floor to Bob Martin. Town resident, Bob Martin thanked Deputy Supervisor Cobb for his service to the Town and congratulated Glenn Reisweber, who was in attendance, for “filling his shoes next year” as the newly elected Town Councilman. Mr. Martin commented on the proposed budget transfers to be approved, noting that the transfers relate to personnel for the Gutchess Lumber Sports Complex (GLSC), suggesting the money should have been transferred in advance as the Town knew they added a full-time employee. Mr. Martin discussed the 2024 Preliminary Budget to be approved as the 2024 Town Budget, noting that there were no changes. He commented on sales tax revenue and the budgeted amounts in 2022, 2023 and for 2024 and claims that GLSC would bring $1 million in sales tax revenue. Mr. Martin also asked why the mortgage tax revenue for 2024 was budgeted $100,000 less than in 2023. Lastly, Mr. Martin asked what the budget line DB5124.4 transportation and bridges was for and asked why it is needed in the budget. Deputy Supervisor Cobb thanked Mr. Martin for his comments. Deputy Supervisor Cobb offered privilege of the floor to Connie White. In lieu of his upcoming retirement from public service, Connie White, Chair of the Cortland County Republican Party, recognized Deputy Supervisor Cobb for his service as Town Councilman and Deputy Supervisor for the Town of Cortlandville, in addition to his previous service with the McGraw Fire Department and as the former Mayor of the Village of McGraw. She stated that it was fitting to honor him in his hometown, the Village of McGraw, where he was a lifelong resident. Ms. White presented Deputy Supervisor with a “Citation” from Assemblyman Jeff Gallahan, celebrating his dedication to the community, which she read aloud as follows: NEW YORK STATE ASSEMBLY CITATION IN RECOGNITION OF CORTLANDVILLE TOWN COUNCILMAN JAY COBB Whereas, this legislature takes great pride in recognizing and applauding those individuals who have dedicated their lives to public service, and have shown unwavering commitment to their community; and Whereas, Jay Cobb, a lifelong resident of the Village of McGraw, has devoted his life to public service, contributing significantly to the betterment of the community he loves; and Whereas, his remarkable service began in 1974 when he joined the McGraw Fire Department, and over the years, he has exhibited exemplary leadership, serving as the Captain of Active Hose Company #1 in 1979, and later as the Chief of the McGraw Fire Department in 1989, holding the roles of 1st, 2nd, and 3rd chief; and Whereas, he has been a steadfast member of the Cortlandville Town Board from 2020 to 2024, contributing his skills and knowledge to the betterment of the town; and Whereas, his commitment to public service extends beyond governance, having served as the Mayor of the Village of McGraw from 2005 to 2007, leaving an indelible mark on the Village’s progress during his tenure; and Whereas, after retiring from the Town Board, Jay Cobb anticipates continued engagement with Village projects, a testament to his enduring commitment to the betterment of McGraw; now, therefore, be it Proclaimed, that I Assemblyman Jeff Gallahan, along with the citizens of the 131st Assembly District, offer sincere gratitude and heartfelt thanks to Jay Cobb for his exemplary service, leadership, and dedication to the Town of Cortlandville. Those in attendance applauded Deputy Supervisor Cobb, while he thanked Ms. White for her comments. Deputy Supervisor Cobb offered privilege of the floor to County Legislator, Joe Nauseef. County Legislator, Joe Nauseef provided an overview of his service as a County Legislator LD-12 for the past four years. He stated that it was an honor and a privilege to serve the residents and that he has worked hard to honor the commitments he made when running for election and looked forward to serving another term. He spoke of achievements made in the community such as the following: Higgins Supply celebrated 100 years of business; a McGraw student participated NOVEMBER 15, 2023 TOWN BOARD MEETING PAGE 4 in the National Shooter Gun Championship; a teacher from McGraw School District was honored as one of the best teachers in the nation. Mr. Nauseef informed the Board that he would be the next Mayor of the Village of McGraw and looked forward to serving in that capacity. Deputy Supervisor Cobb thanked Mr. Nauseef for the update and for his service. Deputy Supervisor Cobb offered privilege of the floor to Patrick Leach. Patrick Leach, Chair of the McGraw Recreation Committee, thanked the Board for their commitment and support for the Recreation Committee, and the additional donation that would be received from the Town to support the much-needed improvements to the softball field. He explained that with the help of the McGraw Softball Club and its volunteers, $14,000+/- was raised towards improving the softball field. The softball field will be used by players 6 years old+. While McGraw High School had a field on Bennett Street, it does not have a sand infield like they have regionally. Mr. Leach reiterated the Recreation Committee’s appreciation of the Town’s support. Deputy Supervisor Cobb thanked Mr. Leach for his comments. Councilman Donlick made a motion, seconded by Councilman Guido, to receive and file the monthly report of Code Enforcement Officer, Desiree Campbell for the month of October 2023. All voting aye, the motion was carried. Councilman Leach made a motion, seconded by Councilman Guido, to receive and file the monthly report of the Cortland Community SPCA for the month of October 2023. All voting aye, the motion was carried. Councilman Leach made a motion, seconded by Councilman Donlick to receive and file the monthly report of Town Justice Mathey and Town Justice DeMarco for the month of October 2023. All voting aye, the motion was carried. Under new business, Town Clerk Rocco-Petrella requested the Board authorize the discharge of mortgage for a 2016 CDBG recipient who satisfied the terms of the agreement. She also requested the Board receive and file the Pre-Relevy Report of delinquent water and sewer accounts ($60.00+) that will be relevied to the 2024 Cortlandville Town/County tax bill if not paid by November 30, 2023. RESOLUTION #337 AUTHORIZE DEPUTY SUPERVISOR TO EXECUTE DISCHARGE OF MORTGAGE BETWEEN THE TOWN AND THOMAS THOMPSON, CATHY THOMPSON, AND THOMAS R. THOMPSON REGARDING THE 2016 TOWNWIDE HOUSING REHABILITATION PROGRAM Motion by Councilman Guido Seconded by Councilman Leach VOTES: AYE – Cobb, Donlick, Guido, Leach NAY – 0 ABSENT – Williams ADOPTED BE IT RESOLVED, the Town Board does hereby authorize and direct Deputy Supervisor Guido to execute the discharge of mortgage between the Town and Thomas Thompson, Cathy Thompson, and Thomas R. Thompson, 3686 US Route 11, McGraw, New York, regarding the 2016 NYS Community Development Block Grant (CDBG) Townwide Housing Rehabilitation Program (#287HR326-16), in the amount of $27,150.00. Councilman Leach made a motion, seconded by Councilman Guido, to receive and file the Pre-Relevy Report of delinquent water and sewer accounts ($60.00+) that will be relevied to the 2024 Cortlandville Town/County tax bill if not paid by November 30, 2023, as provided by the Town Clerk’s Office. All voting aye, the motion was carried. NOVEMBER 15, 2023 TOWN BOARD MEETING PAGE 5 Attorney DelVecchio reported: Request to Bidders for Gutchess Lumber Sports Complex Phase 2, Concession Building: Attorney DelVecchio apprised the Board that the Request to Bidders for Gutchess Lumber Sports Complex Phase 2, Concession Building was close to being complete. He commended the Supervisor’s Assistant, Amanda Rainbow, for her hard work helping him to create the document, noting that others assisted as well. He stated that the town has a fiscal responsibility to be careful with taxpayer dollars and was optimistic that the bids would come back to the town at the dollar amount the Town expected. Under new business, Councilman Guido asked the Board to acknowledge Deputy Supervisor Cobb for his service to the Town and read the proposed resolution aloud. Town Clerk Rocco-Petrella provided some information relative to Deputy Supervisor Cobb’s tenure and thanked him for his service. The Board, and those in attendance once again applauded Deputy Supervisor Cobb. RESOLUTION #338 ACKNOWLEDGE JAY E. COBB FOR HIS SERVICE TO THE TOWN OF CORTLANDVILLE AS TOWN COUNCILMAN AND DEPUTY TOWN SUPERVISOR FROM 2020-2023 Motion by Councilman Guido Seconded by Councilman Donlick VOTES: AYE – Cobb, Donlick, Guido, Leach NAY – 0 ABSENT – Williams ADOPTED BE IT RESOLVED, the Town Board does hereby acknowledge and thank Jay E. Cobb for his hard work, devotion, and commitment to the Town of Cortlandville as Town Councilman and Deputy Town Supervisor from January 1, 2020 through December 31, 2023. Deputy Supervisor Cobb thanked the Board for acknowledging his service. He thanked his constituents and stated that it has been a privilege to serve his community and that he is very proud of what he’s been a part of accomplishing. At this time in the meeting the Board proceeded with new business. Deputy Supervisor Cobb requested a motion to adopt the Preliminary Budget with no changes as the Town Budget for the year 2024. He explained that the Town would not be exceeding the tax cap. A local law to override the tax cap would not be necessary. There was no further discussion with regard to the budget. RESOLUTION #339 ADOPT THE TOWN BUDGET FOR FISCAL YEAR OF 2024 Motion by Councilman Guido Seconded by Councilman Donlick VOTES: AYE – Cobb, Donlick, Guido NAY – Leach ABSENT – Williams ADOPTED WHEREAS, on the 8th day of November 2023 the Town Board of the Town of Cortlandville held a Public Hearing on the Preliminary Budget and proposed amounts to be raised by the benefit tax on benefited properties in the Town Sewer and Town Water Improvement Districts, approved by the Town Board, and filed with the Town Clerk for fiscal year commencing January 1, 2024 and having heard all persons in favor of, or against any items therein contained, and WHEREAS, no modifications were made to the Preliminary Budget, therefore BE IT RESOLVED, the Preliminary Budget is hereby approved, and the same is hereby adopted and established as the annual budget of this Town for the fiscal year beginning January 1, 2024 and such annual budget, as so adopted, is filed with the Town Clerk, and it is further NOVEMBER 15, 2023 TOWN BOARD MEETING PAGE 6 RESOLVED, that the Town Clerk of this Town shall prepare and certify, as provided by law, duplicate copies of the annual budgets, hereby adopted, together with the assessment rolls for the benefit of improvement for the Sewer and Water Funds, adopted pursuant to Section 202-a of the Town Law and within five days thereof, deliver two copies to the Supervisor of the Town and the Supervisor shall present the copies of the annual budget to the Legislature of Cortland County within ten days after his receipt thereof from the Clerk. RESOLUTION #340 AUTHORIZATION TO RELEVY OUTSTANDING GRASS AND WEED CONTROL CHARGES ONTO THE 2024 TAX ROLL OF THE TOWN OF CORTLANDVILLE Motion by Councilman Leach Seconded by Councilman Guido VOTES: AYE – Cobb, Donlick, Guido, Leach NAY – 0 ABSENT – Williams ADOPTED WHEREAS, pursuant to Chapter 98 of the Code of the Town of Cortlandville the Highway Superintendent of the Town is authorized by Section 98-4 to enforce grass and weed control, therefore BE IT RESOLVED, the Town Board does hereby authorize the following outstanding grass and weed control charges for the year 2023, as submitted by the Town Highway Superintendent and Code Enforcement Office, be relevied onto the 2024 tax roll of the Town of Cortlandville: Desiree Willis 97.04-01-14.000 3527 Kellogg Road $372.00 Total: $372.00 Councilman Leach made a motion, seconded by Councilman Guido, to receive and file correspondence from Cortland County Personnel/Civil Service Department dated October 19, 2023 regarding an amendment to provisional service and probation. All voting aye, the motion was carried. Councilman Leach made a motion, seconded by Councilman Donlick, to receive and file correspondence from Regan Development Corporation, dated November 1, 2023, regarding the project Cortlandville Commons, located at 968 Route 13, tax map #96.13-01-02.110, and the application to the New York State Division of Housing and Community Renewal (DHCR) for consideration under the Federal Low-Income Housing Tax Credit (LIHTC) and the New York State Low-Income Tax Credit (SLIHC) Programs. All voting aye, the motion was carried. RESOLUTION #341 TABLE ACTION REGARDING OPTING IN TO THE SAFE HARBOR WELLNESS PROGRAM AS A BENEFIT FOR THE EMPLOYEES OF THE TOWN OF CORTLANDVILLE Motion by Councilman Guido Seconded by Councilman Leach VOTES: AYE – Cobb, Donlick, Guido, Leach NAY – 0 ABSENT – Williams ADOPTED BE IT RESOLVED, the Town Board hereby tables action regarding opting into the Safe Harbor Wellness Program as a benefit for the employees of the Town of Cortlandville until after the Town’s employee benefits representative from The Fingerlakes Group conducts a presentation to the Town employees and department heads regarding the possible benefit. RESOLUTION #342 DECLARE A 2013 CHEVROLET 3/4 TON PICKUP TRUCK AND A 2004 CHEVROLET ¾ TON PICKUP TRUCK AS SURPLUS EQUIPMENT AND AUTHORIZE HIGHWAY SUPERINTENDENT TO SELL THE VEHICLES USING AUCTIONS INTERNATIONAL NOVEMBER 15, 2023 TOWN BOARD MEETING PAGE 7 Motion by Councilman Leach Seconded by Councilman Donlick VOTES: AYE – Cobb, Donlick, Guido, Leach NAY – 0 ABSENT – Williams ADOPTED BE IT RESOLVED, the Town Board does hereby declare a 2013 Chevrolet ¾ ton pickup truck (Vin #1GC2KXCG7DZ249515) and a 2004 Chevrolet ¾ ton pickup truck (Vin #1GCHK29U94E320831) as surplus equipment due to cost of repairs exceeding the value of the trucks, and it is further RESOLVED, the Town Board does hereby authorize and direct Highway Superintendent Drach to sell the vehicles using Auctions International. Councilman Guido made a motion, seconded by Councilman Donlick, to receive and file correspondence from the Racker Center dated, November 7, 2023, regarding establishing a new community residential home at 3266 Walden Oaks Blvd. All voting aye, the motion was carried. Attorney DelVecchio commented on the request from the Racker Center. He explained that the property is located in the Walden Oaks Planned Unit Development (PUD). According to the PUD approved by the Town, the parcel in question was originally designated for a daycare facility. After research and discussion with PZO Weber, Attorney DelVecchio explained that the appropriate procedure was for the Town Planning Board to review the request and to give a recommendation to the Town Board as to whether to allow the change in use. The request would be on the Planning Board’s November meeting agenda. The Town Board would take action at a later date. Deputy Supervisor Cobb asked if there was any further business to come before the Boad. Attorney DelVecchio requested the Board convene to an Executive Session to discuss pending litigation. Councilman Leach made a motion, seconded by Councilman Guido 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 5:40 p.m. Councilman Guido made a motion, seconded by Councilman Leach, to adjourn the Executive Session and reconvene the Regular Meeting. All voting aye the motion was carried. The Executive Session was adjourned at 6:25 p.m. No action was taken. With no further business to be heard, Deputy Supervisor Cobb adjourned the Regular Meeting. The meeting was adjourned at 6:25 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 22, 2023. The final version of this meeting was approved as written at the Town Board meeting of , 2023.