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HomeMy WebLinkAboutB - 01 Town Board Minutes 12/06/2023 DECEMBER 6, 2023 5:00 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 Deputy Supervisor Guido presiding. Members present: Supervisor, Thomas A. Williams* Deputy Supervisor, Jeffrey D. Guido Councilman, Jay E. Cobb Councilman, David J. Donlick Councilman, Gregory K. Leach Town Clerk, Kristin E. Rocco-Petrella Others present: Town Attorney, John DelVecchio; Highway Superintendent, Larry Drach; Deputy Town Clerk, Abigail Albro; Assistant to the Supervisor, Amanda Rainbow; Cortland County Recycling Coordinator, Chris Spadolini; Katie Boardman from Racker; Town Residents: Pamela Jenkins; Bob Martin; News Reporter: Jack Lukowsky from Cortland Standard; Others joining by Zoom video/telephone conference*: News Reporter, Eddie Velasquez from Cortland Voice. Deputy Supervisor Guido called the Regular Meeting to order. Town Supervisor Williams was in attendance via Zoom Videoconference from his home in Cortlandville and asked that Deputy Supervisor Guido run the meeting. Councilman Cobb made a motion, seconded by Councilman Donlick, to receive and file the Cortlandville Planning Board Minutes of October 24, 2023. All voting aye, the motion was carried. Councilman Cobb made a motion, seconded by Councilman Donlick, to approve the Draft Town Board Minutes of November 8, 2023 and November 15, 2023. All voting aye, the motion was carried. RESOLUTION #343 AUTHORIZE PAYMENT OF VOUCHERS – DECEMBER Motion by Councilman Seconded by Councilman 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 #1649-1755 HG, SF, SS, SW General Fund A $ 148,603.63 General Fund B $ 3,976.35 Highway Fund DA $ 0.00 Highway Fund DB $ 58,119.13 Gutchess Lumber SC Project HG $ 4,231.74 C’Ville Fire District SF $ 0.00 Sewer Fund SS $ 4,154.42 Water Fund SW $ 12,325.07 Funds CD1, CD3, CD4 Voucher #(None) BMills Rehab CD1 $ 0.00 Town Wide Rehab CD3 $ 0.00 Business Devl CD4 $ 0.00 Funds TA, TE Voucher #33-35 Trust & Agency TA $ 54,729.25 Expendable Trust TE $ 0.00 Deputy Supervisor Guido offered privilege of the floor to those in attendance. No requests were made. Deputy Supervisor Guido introduced Chris Spadolini, Cortland County Recycling Coordinator, who was in attendance. Mr. Spadolini explained he was the point of contact for the Recycling Center located at 137 Pendleton St., Cortland. He invited the public to contact him with any questions or to visit their Facebook page for more information. The Board thanked Mr. Spadolini for his attendance. DECEMBER 6, 2023 TOWN BOARD MEETING PAGE 2 Councilman Leach made a motion, seconded by Councilman Donlick, to receive and file the monthly report of the Town Supervisor for the month of October 2023. All voting aye, the motion was carried. Councilman Leach made a motion, seconded by Councilman Cobb, to receive and file the monthly report of Code Enforcement Officer, Desiree Campbell for the month of November 2023. All voting aye, the motion was carried. Councilman Donlick made a motion, seconded by Councilman Cobb, to receive and file the following monthly reports: 1. Water and Sewer Department – November 2023; 2. Town Clerk – November 2023; and 3. Cortland Community SPCA – November 2023. All voting aye, the motion was carried. Councilman Leach made a motion, seconded by Councilman Cobb, to receive and file correspondence from Charter Communications, dated November 30, 2023, regarding programming services. All voting aye, the motion was carried. Under old business there was discussion regarding correspondence received and filed at the November 15, 2023 Town Board meeting from Racker regarding the proposed use of property located at 3266 Walden Oaks Blvd. for a community residence. Deputy Supervisor Guido noted that there has been quite a bit of interest in the proposal asked if the Board would like to schedule a hearing regarding the proposal to invite public comment. Members of the Board were in agreement to conduct a public hearing and asked that representatives from Racker be present to answer questions. Katie Boardman, I/DD Director of Racker was in attendance and welcomed the public to contact her directly with any questions by emailing her at katieb@racker.org. She and another representative from Racker would attend the public hearing. RESOLUTION #344 SCHEDULE PUBLIC HEARING REGARDING THE PROPOSAL BY RACKER TO LOCATE A COMMUNITY RESIDENCE AT 3266 WALDEN OAKS BLVD. FOR DECEMBER 20, 2023 AT 5:00 P.M. Motion by Councilman Cobb Seconded by Councilman Leach VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0 ADOPTED BE IT RESOLVED, a Public Hearing is hereby scheduled for December 20, 2023 at 5:00 p.m. at the Raymond G. Thorpe Municipal Building, 3577 Terrace Road, Cortland, New York, concerning a proposal by Racker, formally known as Franziska Racker Centers, to locate a community residence for six (6) adults with developmental disabilities, for property located at 3266 Walden Oaks Blvd., tax map #105.08-02-33.000. There was a brief discussion regarding the proposed Safe Harbor Wellness Program available to the Town as offered by The Fingerlakes Group. A presentation was previously made to the Town Board on November 8, 2023 and to the Town employees/officials on November 30, 2023. In order to move forward with the program, board approval was n ecessary. Councilman Leach asked for more time to review the information. RESOLUTION #345 TABLE ACTION TO DECEMBER 20, 2023 REGARDING OPTING IN TO THE SAFE HARBOR WELLNESS PROGRAM AS A BENEFIT FOR THE EMPLOYEES OF THE TOWN OF CORTLANDVILLE Motion by Councilman Leach Seconded by Councilman Cobb VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0 ADOPTED DECEMBER 6, 2023 TOWN BOARD MEETING PAGE 3 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 the Town Board Meeting of December 20, 2023 to allow Board members more time to review the program. Also under old business, the Board took action regarding the NYSERDA Clean Energy Grant award of $5,000 to the Town and opted to move forward with an Energy Study for Town Hall as suggested by the NYSERDA Regional Coordinator. RESOLUTION #346 ACCEPT THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY (NYSERDA) CLEAN ENERGY GRANT AWARD OF $5,000 AND PROCEED WITH AN APPLICATION FOR AN ENERGY STUDY FOR THE RAYMOND G. THORPE MUNICIPAL BUILDING (TOWN HALL) Motion by Councilman Cob Seconded by Councilman Leach VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0 ADOPTED BE IT RESOLVED, the Town Board hereby accepts the New York State Energy Research and Development Authority (NYSERDA) Clean Energy Grant Award of $5,000 and authorizes the Town Supervisor to proceed with an application for an Energy Study for the Raymond G. Thorpe Municipal Building (Town Hall). Under new business, Town Clerk Rocco-Petrella requested Board authorization to relevy the delinquent water and sewer accounts and the unpaid fire and safety inspection fees to the 2024 Cortlandville Town/County tax bill, as well as the unpaid fire and safety inspections. RESOLUTION #347 AUTHORIZATION TO RELEVY DELINQUENT WATER AND SEWER ACCOUNTS TO THE 2024 TAX ROLL OF THE TOWN OF CORTLANDVILLE Motion by Councilman Leach Seconded by Councilman Donlick VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0 ADOPTED WHEREAS, the list of delinquent water and sewer accounts of the Town Water & Sewer Department was submitted, as required, therefore BE IT RESOLVED, the Town Board does hereby receive and file and forward the list of delinquent water and sewer accounts of the Town of Cortlandville to the Cortland County Real Property Tax Office, to be relevied onto the 2024 tax roll of the Town of Cortlandville, and it is further RESOLVED, the total water relevy is $13,231.73 and the total sewer relevy is $11,855.42 for a grand total of $25,087.15. RESOLUTION #348 AUTHORIZATION TO RELEVY OUTSTANDING FIRE AND SAFETY INSPECTION CHARGES ONTO THE 2024 TAX ROLL OF THE TOWN OF CORTLANDVILLE Motion by Councilman Leach Seconded by Councilman Donlick VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0 ADOPTED WHEREAS, pursuant to Chapter 86 of the Code of the Town of Cortlandville, the Code Enforcement Officer of the Town is authorized to conduct fire safety and property maintenance inspections of buildings and structures, and DECEMBER 6, 2023 TOWN BOARD MEETING PAGE 4 WHEREAS, per Section 86-16, “any fee required by this chapter for services rendered pursuant to the provisions of this chapter which remains unpaid for 90 days shall be added to the next issued Town and County tax bill”, therefore BE IT RESOLVED, the Town Board does hereby authorize the following outstanding fire safety and property maintenance inspection charges for August 2022 through August 2023, as submitted by the Town Code Enforcement Office, be relevied onto the 2024 tax roll of the Town of Cortlandville: Owner Inspection # Tax map # Property Location Fee Randy Metcalf MD-22-011 76.15-01-10.200 Maryland Ave. $ 90.00 Gator Cortlandville Partners A-23-012 96.09-01-02.200 3654-3666 Route 281 $100.00 Total: $190.00 Attorney DelVecchio and the Town Board had no new business to report. At this time in the meeting, the Board proceeded with new business items. Councilman Cobb made a motion, seconded by Councilman Donlick, to receive and file correspondence from New York State Parks, Recreation and Historic Preservation, dated November 20, 2023, regarding Gutchess Lumber Park Development, Phase 2, (EPF Project # 210954), indicating that upon review of the project manual and bid documents, the documents will be in conformance and will have no adverse impact upon historic resources. All voting aye, the motion was carried. RESOLUTION #349 AUTHORIZE APPROVAL OF PAYMENTS (DRAW #21) REGARDING THE TOWN’S 2021 COMMUNITY DEVELOPMENT BLOCK GRANT TOWN-WIDE HOUSING REHABILITATION PROGRAM (CDBG #287HR317-21) Motion by Councilman Leach Seconded by Councilman Donlick VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0 ADOPTED BE IT RESOLVED, the Town Board does hereby authorize approval of payment (Draw #2 1) 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 (Mowry) – $14,637.00 Reome Electrical & General Contracting – Payment to contractor (Mowry) – $5,000.00 1st Choice Roofers, LLC – Payment to contractor (Weaver) – $460.00 JMS Plumbing & Heating – Payment to contractor (Weaver) – $2,430.00 Reome Electrical & General Contracting – Payment to contractor (Weaver) – $3,404.64 Councilman Donlick made a motion, seconded by Councilman Cobb, to receive and file the memorandum from Code Enforcement Officer, Desiree Campbell, dated November 14. 2023, regarding the inspection of CNH Mobile Home Park located at 3610 Kingsley Ave., tax map #96.09-04-14.000, recommending approval of the mobile home park permit as no violations were found during her inspections. All voting aye, the motion was carried. RESOLUTION #350 AUTHORIZE RENEWAL OF MOBILE HOME PARK PERMIT FOR CNH TRAILER PARK FOR 2024 Motion by Councilman Donlick Seconded by Councilman Cobb VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0 ADOPTED DECEMBER 6, 2023 TOWN BOARD MEETING PAGE 5 WHEREAS, Bret Peek of Albany, New York, owner, submitted a completed application and the appropriate fee of $60.00 for the renewal of the Mobile Home Park Permit for CNH Trailer Park (12 mobile homes) located at 3610 Kingsley Avenue in the Town of Cortlandville, tax map #96.09- 04-14.000, and WHEREAS, Town Code Enforcement Officer, Desiree Campbell conducted an exterior inspection of the Mobile Home Park on August 17, 2023 and on November 14,023 and submitted her inspection report to the Town Board for review noting there were no violations, therefore BE IT RESOLVED, the Town Board does hereby approve the Mobile Home Park Permit Renewal for CNH Trailer Park for the year 2024 in the names of Bret Peek and Eric Peek of Albany, New York, and it is further RESOLVED, the Town Clerk is hereby authorized and directed to issue the Mobile Home Park Permit which shall be valid from January 1, 2024 through December 31, 2024, at which point the permit must be renewed. Councilman Cobb made a motion, seconded by Councilman Leach, to receive and file the Cortland County Planning Department review and recommendations, dated November 9, 2023, regarding the Aquifer Protection Permit application submitted by Hospitality Restaurant Group (Taco Bell), for the purpose of demolishing an existing structure and construction of a new drive- thru style restaurant (Taco Bell), for property located at 860 NYS Route 13, tax map #95.20 -02- 04.000 & #95.20-02-03.000. All voting aye, the motion was carried. RESOLUTION #351 SCHEDULE PUBLIC HEARING FOR AN AQUIFER PROTECTION PERMIT APPLICATION SUBMITTED BY HOSPITALITY RESTAURANT GROUP (TACO BELL) FOR DECEMBER 20, 2023 AT 5:00 PM Motion by Councilman Cobb Seconded by Councilman Leach VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0 ADOPTED BE IT RESOLVED, a Public Hearing is hereby scheduled for December 8, 2023 at 5:00 p.m. at the Raymond G. Thorpe Municipal Building, 3577 Terrace Road, Cortland, New York, concerning an Aquifer Protection Permit application submitted by Hospitality Restaurant Group, for the purpose of demolishing an existing structure and construction of a new drive-thru style restaurant (Taco Bell), for property located at 860 NYS Route 13, tax map #95.20-02-04.000 & #95.20-02- 03.000. Councilman Leach made a motion, seconded by Councilman Cobb, to receive and file correspondence from New York State Department of Transportation (NYSDOT), dated November 16, 2023, regarding the announcement of availability of funding and key aspects of the BRIDGE NY program. All voting aye, the motion was carried. There was a brief discussion regarding the BRIDGE NY program. Councilman Leach asked if the program would affect the Town. Highway Superintendent Drach explained that he was working with NYS to see what the Town could apply for and would contact the Town’s grant writer once he learned more. Councilman Donlick made a motion, seconded by Councilman Cobb, to receive and file correspondence from New York State Department of Environmental Conservation (NYSDEC), dated November 2023, regarding updates from the NYSDEC Division of Remediation (DER). All voting aye, the motion was carried. Councilman Leach made a motion, seconded by Councilman Donlick, to receive and file correspondence from the Cortland County Health Department, dated November 29, 2023, regarding updated COVID-19 vaccine and annual flu shots available for all residents 6 months and older. All voting aye, the motion was carried. DECEMBER 6, 2023 TOWN BOARD MEETING PAGE 6 RESOLUTION #352 ACKNOWLEDGE RECEIPT OF THE APPEAL OF RT 13 ROCKS LLC V. TOWN OF CORTLANDVILLE AND THE TOWN OF CORTLANDVILLE TOWN BOARD, AND THE TOWN OF CORTLANDVILLE PLANNING BOARD 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 receipt of the Appeal as filed with the New York Supreme Court, Appellate Division – Third Department (Docket No. CV 23-0369) by RT 13 Rocks LLC v. Town of Cortlandville and the Town of Cortlandville Town Board, and the Town of Cortlandville Planning Board. Attorney DelVecchio recalled that the Town prevailed in the litigation several months ago, with the assistance of Attorney Tom Fucillo of Hancock Estabrook, LLP. He requested the Board engage the services of Attorney Fucillo once again to handle the appeal. He mentioned that the attorney fees would be the same as the Town’s previous agreement with the firm and would be paid from the Town Water Fund as permitted. RESOLUTION #353 AUTHORIZE SUPERVISOR TO ENGAGE THE SERVICES OF ATTORNEY THOMAS FUCILLO OF HANCOCK ESTABROOK, LLP TO PROVIDE LEGAL SERVICES AND TO REPRESENT THE TOWN IN THE APPEAL OF RT 13 ROCKS LLC 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 authorize and direct the Supervisor to engage the services of Attorney Thomas J. Fucillo of Hancock Estabrook, LLP to provide legal services and to represent the Town in the appeal of RT 13 Rocks, LLC v. Town of Cortlandville et. al. as filed in the New York Supreme Court Appellate Division – Third Department, and it is further RESOLVED, the Town shall pay fees for legal services as provided in the 2022 Engagement Letter and Agreement. RESOLUTION #354 AMEND TOWN BOARD RESOLUTION #157 OF 2023, “AMEND TOWN HOLIDAY SCHEDULE AND TOWN PERSONNEL POLICY EFFECTIVE MAY 3, 2023” TO CORRECT THE CLERICAL ERROR WHICH READS “CHRISTMAS DAY” TO READ “CHRISTMAS EVE”, AND TO REMOVE THE DECEMBER 30, 2022 OBSERVANCE OF NEW YEAR’S EVE AND ADD DECEMBER 29, 2023 CLOSE AT 12:00 P.M. Motion by Councilman Leach Seconded by Councilman Cobb VOTES: AYE – Williams, Cobb, Donlick, Guido NAY – Leach ADOPTED BE IT RESOLVED, the Town Board hereby amends Town Board Resolution #157 of 2023, adopted May 3, 2023, to correct the clerical error which reads “Christmas Day” to read “Christmas Eve”, which is already a recognized holiday in the Town Personnel Policy, and to remove the December 30, 2022 observance of New Year’s Eve and add December 29, 2023 close at 12:00 p.m., and it is further RESOLVED, the amended schedule shall be provided to Town Employees and updated in the Town Personnel Policy to reflect the appropriate change as outlined below: DECEMBER 6, 2023 TOWN BOARD MEETING PAGE 7 RESOLUTION #157 AMEND TOWN HOLIDAY SCHEDULE AND TOWN PERSONNEL POLICY EFFECTIVE MAY 3, 2023 Motion by Councilman Leach Seconded by Councilman Guido VOTES: AYE – Williams, Cobb, Donlick, Guido NAY – Leach ADOPTED BE IT RESOLVED, the Town Board hereby amends the Town Holiday Schedule for the year 2023 (adopted December 21, 2022), and amends the Town Personnel Policy (last updated March 2023) to provide for Summer Hours, in which the Raymond G. Thorpe Municipal Building will close on Fridays at 3:00 p.m. for the months of June, July and August, and to include the additional holiday closures at 12:00 p.m. on the business day before the following holidays: Memorial Day, Labor Day, Thanksgiving Day, Christmas Day Christmas Eve, New Years Eve, and it is further RESOLVED, the Town Holiday Schedule for the year 2023 is amended as follows: Friday* December 30, 2022 (close at 12:00 pm) New Year’s Day Observed Monday January 2, 2023 Martin Luther King Jr. Day Monday January 16, 2023 Presidents’ Day Monday February 20, 2023 Spring Celebration Friday* April 7, 2023 Friday* May 26, 2023 (close at 12:00 pm) Memorial Day Monday May 29, 2023 Juneteenth Monday June 19, 2023 Independence Day Tuesday July 4, 2023 Friday* September 1, 2023 (close at 12:00 pm) Labor Day Monday September 4, 2023 Columbus Day Monday October 9, 2023 Election Day Tuesday November 7, 2023 Veterans Day Friday November 10, 2023 Wednesday* November 22, 2023 (close at 12:00 pm) Thanksgiving Day Thursday November 23, 2023 Friday* November 24, 2023 Friday* December 22, 2023 (close at 12:00 pm) Christmas Day Monday December 25, 2023 New Years Eve (observed) Friday* December 29, 2023 (close at 12:00 pm) *Holiday Observation RESOLUTION #355 AMEND THE 2023 TOWN BOARD MEETING SCHEDULE AND CANCEL THE MEETING SCHEDULED FOR DECEMBER 27, 2023 Motion by Councilman Leach Seconded by Councilman Donlick VOTES: AYE – Williams, Cobb, Donlick, Guido NAY – Leach ADOPTED BE IT RESOLVED, the Town Board hereby amends the 2023 Town Board Meeting Schedule to cancel the meeting scheduled for December 27, 2023 at 5:00 p.m. at the Raymond G. Thorpe Municipal Building, as it was determined that the meeting is no longer necessary. Deputy Supervisor Guido asked if there was any further business to come before the Board. Attorney DelVecchio requested the Board adjourn to an Attorney-Client privileged meeting. No action would be taken as a result of the meeting. Councilman Cobb made a motion, seconded by Councilman Leach, to adjourn the Regular Meeting. All voting aye the motion was carried. The meeting was adjourned at 5:24 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 December 8, 2023. The final version of this meeting was approved as written at the Town Board meeting of .