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HomeMy WebLinkAbout2024-01-17 Town Board Minutes JANUARY 17, 2024 5:02 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, David J. Donlick Councilman, Jeffrey D. Guido Councilman, Gregory K. Leach Councilman, Glenn D. Reisweber Town Clerk, Kristin E. Rocco-Petrella Others present were: Deputy Town Clerk, Abigail Albro; Linda Burghardt; Town Residents: Andrea Niggli; News Reporter: Jack Lukowsky from Cortland Standard. Others present via Zoom video/telephone conference: Assistant to the Supervisor, Amanda Rainbow. Supervisor Williams called the Regular Meeting to order. Councilman Leach made a motion, seconded by Councilman Donlick, to receive and file the Cortlandville Zoning Board of Appeals Minutes of December 26, 2023. All voting aye, the motion was carried. RESOLUTION #30 AUTHORIZE PAYMENT OF VOUCHERS – YEAR END 2023 (ABSTRACT #26) Motion by Councilman Leach Seconded by Councilman Guido VOTES: AYE – Williams, Donlick, Guido, Leach, Reisweber NAY – 0 ADOPTED BE IT RESOLVED, the vouchers submitted have been audited and shall be paid as follows: Funds A, B, DA, DB, Voucher #1882-1919 HG, SF, SS, SW General Fund A $ 80,557.18 General Fund B $ 414.76 Highway Fund DA $ 0.00 Highway Fund DB $ 17,743.87 Gutchess Lumber SC Project HG $ 2,233.13 C’Ville Fire District SF $ 0.00 Sewer Fund SS $ 402.08 Water Fund SW $ 12,353.59 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 #38-38 Trust & Agency TA $ 207.00 Expendable Trust TE $ 0.00 RESOLUTION #31 AUTHORIZE PAYMENT OF VOUCHERS – JANUARY Motion by Councilman Leach Seconded by Councilman Guido VOTES: AYE – Williams, Donlick, Guido, Leach, Reisweber NAY – 0 ADOPTED BE IT RESOLVED, the vouchers submitted have been audited and shall be paid as follows: Funds A, B, DA, DB, Voucher #18-52 HG, SF, SS, SW General Fund A $ 451,846.02 General Fund B $ 7,500.00 Highway Fund DA $ 0.00 Highway Fund DB $ 9,106.67 Gutchess Lumber SC Project HG $ 0.00 JANUARY 17, 2024 TOWN BOARD MEETING PAGE 2 C’Ville Fire District SF $ 0.00 Sewer Fund SS $ 73.97 Water Fund SW $ 708.94 Funds CD1, CD3, CD4 Voucher #1-2 BMills Rehab CD1 $ 0.00 Town Wide Rehab CD3 $ 36,743.33 Business Devl CD4 $ 0.00 Funds TA, TE Voucher #(None) Trust & Agency TA $ 0.00 Expendable Trust TE $ 0.00 Supervisor Williams noted there were no requests for privilege of the floor. He then acknowledged Linda Burghardt who was invited back following her January 3, 2024 presentation to the Board requesting their support in adopting a resolution for an audit of the New York State 2022 General Election. Ms. Burghardt, a volunteer from the group New York Citizens Audit, asked if the Board had any further questions, explaining that her group was looking for grassroots support requesting an audit of the NYS Voter Database. Supervisor Williams stated that the information was straightforward and “eye opening” if the data was true. Councilman Donlick asked if other organizations are doing the same thing as her group. Ms. Burghardt informed the Board there was another group, United Sovereigns of America (website: Unite4Freedom); other groups have different approaches to expose what they feel is inappropriate election behavior. Her group is focused solely on the NYS voter database and analyzing the data. They have been to the NYS Legislature, Secretary of State and Attorney General requesting an audit. She provided the Board with more information and data, and discussed some of the issues with voter registration, reiterating her group is trying to educate people and is hoping their information is shared; they want to give confidence back to the voters. Supervisor Williams asked how many other municipalities have adopted the resolution in support of the audit. Ms. Burghardt explained that her group has been to every town in Broome County with approximately half of the towns signing the resolution, including 2 villages. In Cortland County, 1 village and 4 towns have signed the resolution. In NYS, 74 municipalities from 20 counties have signed the resolution in support of an audit. Further discussion was had between the Board and Ms. Burghardt. Supervisor Williams pointed out that the Town’s attorney was not in attendance. While he was in favor of the resolution, he suggested the attorney review the resolution prior to adoption by the Board. Councilman Reisweber asked for the verbiage of the resolution, which the Board did not have in front of them. Ms. Burghardt explained and read the proposed resolution, explaining the four tenets of an election: 1. The voter rolls must be accurate (national Voter Registration Act , 1993)l 2. Votes counted must be from eligible voters (US Constitution, Fourteenth Amendment); 3. The number of votes counted must equal the number of voters who voted; 4. There can be no more than one in 125,000 ballots in error by the voting system (Help America Vote Act, 2002). She also outlined the requests listed in the resolution, including “a complete end-to-end audit of the New York State 2022 General Election”; the enactment of legislation defining an agreed upon process by which an end-to-end audit would be triggered in any future election; the enactment of legislation defining an agreed upon accuracy rate for the voter roll databases; the enactment of legislation allowing for anonymous vote verification and tracking by the voter; and to criminalize election misconduct with regard to State election law and increase penalties for these crimes. The Board thanked Ms. Burghardt for the information. Supervisor Williams asked the Board how they would like to proceed. Councilman Guido and Councilman Donlick indicated they would like Attorney DelVecchio to review the resolution before proceeding. Supervisor Willaims asked if the Board wanted to table action or to approve the resolution contingent on Town Attorney review. RESOLUTION #32 APPROVE “RESOLUTION FOR AN AUDIT OF THE NEW YORK STATE 2022 GENERAL ELECTION” AS PRESENTED BY NEW YORK CITIZENS AUDIT, CONTINGENT ON TOWN ATTORNEY APPROVAL Motion by Councilman Leach Seconded by Councilman Donlick VOTES: AYE – Williams, Donlick, Guido, Leach, Reisweber NAY – 0 ADOPTED JANUARY 17, 2024 TOWN BOARD MEETING PAGE 3 BE IT RESOLVED, the Town Board does hereby approve the following as presented by the New York Citizens Audit group, “Resolution for an Audit of the New York State 2022 General Election”, contingent on Town Attorney Approval. WHEREAS, It is a recognized civil right in the United States for every citizen to have free and fair elections. “And the right of suffrage can be denied by a debasement or dilution of the weight of a citizen’s vote just as effectively as by wholly prohibiting the free exercise of the franchise.” (Reynolds v. Sims, 377 U.S. 533 (1964)) WHEREAS, It is the affirmative duty of our election officials to comply with all Federal and State laws governing administration and procedure of our elections, thereby guaranteeing our elections are accurate and free from distortion or manipulation. “Congress seeks…to guard the election of members of Congress against any possible unfairness by compelling… everyone concerned in holding the election to a strict and scrupulous observance of every duty devolved upon him while so engaged…The evil intent consists in disobedience to the law.” (In Re Coy, 127 U.S. 731 (1888)). WHEREAS, Our constitutional system of representative government only works when the worth of honest ballots is not diluted by invalid ballots procured by corruption, and assuring accuracy can only be achieved through fealty to those laws governing the following four tenets of an election: 1. The Voter Roll Must Be Accurate (National Voter Registration Act, 1993). 2. Votes Counted Must Be From Eligible Voters (US Constitution, Fourteenth Amendment). 3. The Number of Votes Counted Must Equal the Number of Voters Who Voted. 4. There Can Be No More Than One in 125,000 Ballots in Error by the Voting System (Help America Vote Act, 2002). WHEREAS, An open-source audit of the New York State 2022 General Election conducted by New York Citizens Audit has uncovered evidence of massive inaccuracies that violate both Federal and State laws, including: • 5,142,950 ineligible or uncertain registration violations found within the NY State voter roll database. • 732,359 votes cast by ineligible or uncertain registrants. • 35,312 more votes counted than voters who voted in the 2022 general election. No one knows who cast them. • 745,246 apparent voting violations in excess of the legal standard of system accuracy for a valid federal election. For the 2022 election in New York this number was 48. • Certification as defined by law, an attestation of accuracy and compliance, appears to have been fraudulent and illegal. WHEREAS, These findings trample accuracy requirements of voting systems for a Federal Election, wherein the system shall achieve a target error rate of no more than one in 10,000,000 ballot positions, or one in 125,000 ballots. For a voting system, accuracy is defined as the ability of the system to capture, record, store, consolidate and report the specific selections and absence of selections, made by the voter for each ballot position without error. WHEREAS, It must be known factually, and provably, that the intent of the voters is accurately represented by election results before certification can be lawfully conducted. Certification of an election that varies from the law is an abridgement of the civil rights of the citizens, a Fraud ab Initio. (United States v. Throckmorton, 98 U.S. 61 (1878)). WHEREAS, State and Federal Officials have met the efforts of New York Citizens Audit to seek redress for these egregious violations with indifference and inaction, including the Attorney General, Federal Bureau of Investigations, State Leadership of Democratic and Republican parties, County Election Officials, Sheriffs, District Attorneys, and others. WHEREAS, None of the reported 2020 violations were addressed prior to the administration and certification of the 2022 General Election, and there prevails a spirit of extreme contention and zero trust between people of differing political ideologies across New York, which is destructive to our families, our way of life, and the fabric of these United States. JANUARY 17, 2024 TOWN BOARD MEETING PAGE 4 THEREFORE, We call upon our Representatives including Town Board Members, County Legislators, State Legislators, Federal Legislators, Law Enforcement, Federal and State Prosecutors, and Judges, to provide relief to the people, and the assurance of domestic tranquility, through the fulfillment of each of the following firm requests: 1. A complete end-to-end audit, from registration through certification, of the New York State 2022 General Election, for both paper and electronic records, including ballots, by a mutually agreed upon external, third-party bonded auditing firm, possessed of adequate insurance and indemnification for the handling and protection of the personal identifying information of millions of New York citizens, in order to determine the true error rate. This audit will provide a comprehensive report and analysis of all lapses and errors with explanation of cause where it can be determined. 2. The enactment of legislation defining a mutually agreed upon process by which an end-to-end audit would be triggered in any future elections. 3. The enactment of legislation defining a mutually agreed upon accuracy rate for the voter roll databases. 4. The enactment of legislation allowing for anonymous vote verification and tracking by the voter (open-source, royalty-free patent pending), including automatic mechanisms to report and remedy errors during the canvas period following an election, regardless of ballot entry source. 5. Criminalize election misconduct explicitly with regard to State election law, and increase penalties to reflect the societal and generational harms inflicted by these crimes. BE IT RESOLVED, That Cortlandville, NY stands in support with the concerns and remedies presented here. We implore the Cortland County Legislature, NYS Legislature, Federal Legislators, Law Enforcement, Federal and State Prosecutors, Judges, and both State and County Boards of Elections to cooperate and fulfill these firm requests of the people. Councilman Donlick made a motion, seconded by Councilman Leach, to receive and file the following monthly reports: 1. Town Clerk – December 2023; 2. Code Enforcement Officer, Kevin McMahon – December 2023; 3. Cortland Community SPCA – December 2023; 4. Town Justice Mathey and Town Justice DeMarco – December 2023; and 5. Code Enforcement Officer, Desiree Campbell – December 2023. All voting aye, the motion was carried. RESOLUTION #33 ACCEPT THE GASB STATEMENT NO. 75 ANNUAL REPORT Motion by Councilman Leach Seconded by Councilman Guido VOTES: AYE – Williams, Donlick, Guido, Leach, Reisweber NAY – 0 ADOPTED BE IT RESOLVED, the GASB Statement No. 75 Annual Report, Other Post -Employment Benefits, for the year 2023 as prepared by Armory Associates, LLC Actuarial Consulting Group, 250 South Clinton Street, Suite 502, Syracuse, NY 13202 is hereby accepted and shall be received and filed. RESOLUTION #34 ACCEPT ANNUAL REPORT OF THE TOWN HISTORIAN Motion by Councilman Leach Seconded by Councilman Reisweber VOTES: AYE – Williams, Donlick, Guido, Leach, Reisweber NAY – 0 ADOPTED BE IT RESOLVED, the Annual Report of the Town Historian, as submitted by Town Historian, Nick Alteri for the year 2023 is hereby accepted, and shall be received and filed. JANUARY 17, 2024 TOWN BOARD MEETING PAGE 5 Councilman Leach made a motion, seconded by Councilman Guido, to receive and file correspondence from Charter Communications, dated January 9, 2024, regarding programming services. All voting aye, the motion was carried. Under old business there was discussion regarding the award of the bid to The Sports Facilities Companies, LLC in the amount of $28,500 plus reimbursement for travel not to ex ceed $5,000 for the Gutchess Lumber Sports Complex (GLSC) Planning & Feasibility Study (ESD Grant #135,435). Supervisor Williams explained that the Town’s grant through New York State Empire State Development (ESD) would cover 50% of the cost of the study; $16,750 would be reimbursed to the Town. Councilman Leach commented that the Town Parks and Recreation Commission was in favor of awarding the bid to The Sports Facilities Companies, LLC and suggested the Board move forward with the study to help determine the future phases of GLSC. RESOLUTION #35 AWARD BID TO THE SPORTS FACILITIES COMPANIES, LLC IN THE AMOUNT OF $28,500 PLUS REIMBURSEMENT FOR TRAVEL NOT TO EXCEED $5,000 FOR THE GUTCHESS LUMBER SPORTS COMPLEX PLANNING & FEASIBILITY STUDY (ESD GRANT #135,435) Motion by Councilman Leach Seconded by Councilman Guido VOTES: AYE – Williams, Donlick, Guido, Leach, Reisweber NAY – 0 ADOPTED WHEREAS, request for proposals were solicited for the Gutchess Lumber Sports Complex Planning & Feasibility Study, and WHEREAS, sealed bids were opened on November 15, 2023 and provided to John McNerney, Recreation Director and Machell Phelps of the Town Parks & Recreation Commission, as well as the GLSC Committee for review as follows: Ballard King & Associates, LTD $54,500.00 6 months to complete study Highland Ranch, California The Sports Facilities Companies, LLC $28,500.00 3-4 months to complete study Clearwater, Florida (plus travel not to exceed $5,000) THEREFORE, BE IT RESOLVED, the bid for the Gutchess Lumber Sports Complex Planning & Feasibility Study is hereby awarded to The Sports Facilities Companies, LLC of Clearwater, Florida, in the total amount of $28,500.00 plus reimbursable travel expenses not to exceed $5,000.00, and it is further RESOLVED, the feasibility study shall be paid for by the Town of Cortlandville, with 50% of the total cost ($16,750) to be reimbursed through the New York State Empire State Development Grant #135,435 awarded to the Town. Also under old business, there was discussion regarding the revised 2024 contract from the Cortland City Youth Bureau for recreation services. Supervisor Williams informed the Board the new contract reflected Town funds being used to pay for the lifeguards at city pools, which town residents also use. He explained that when he became the Town Supervisor, he requested the City identify physical items that the Town’s funds would be used for. He also noted that at the time, it was identified by the City Recreation Director that about 25% of the people who use the City recreation programs are Cortlandville residents. Councilman Donlick added that a portion of the funds would pay for the computer program used for scheduling, which he was in favor of. Councilman Leach voiced his concern that the City contract increased $6,000 in a 2-year period; he wondered what to expect in 2025. Supervisor Williams suspected the contract for 2025 would be less, explaining that he requested the Town pay the full cost of items in the contract rather than a portion of the cost. Councilman Reisweber informed the Board he spoke with City Recreation Director, Andrea Piedigrossi today as he was also concerned with the contract, which increased 3.6%, and asked for “more fidelity in the numbers”. He explained there was a significant increase in salaries JANUARY 17, 2024 TOWN BOARD MEETING PAGE 6 for lifeguards per the State mandate. He also asked her how many Town residents participate in the recreation programs. She answered that in 2023 about 20% of participation was from Cortlandville; prior to 2020 participation was at 30%. Councilman Reisweber was in support of the program and mentioned that he uses Wickwire Pool during the summer and encouraged the public to utilize it as well. He suspected that the Town would receive more information in the future from the City Recreation Director. RESOLUTION #36 APPROVE CONTRACT BETWEEN THE CITY OF CORTLAND YOUTH BUREAU AND THE TOWN OF CORTLANDVILLE FOR RECREATION SERVICES FOR THE YEAR 2024 Motion by Councilman Leach Seconded by Councilman Donlick VOTES: AYE – Williams, Donlick, Leach, Reisweber NAY – 0 ABSTAIN – Guido ADOPTED BE IT RESOLVED, the Town Board does hereby approve the contract between the City of Cortland Youth Bureau and the Town of Cortlandville for Recreation Services for the year 202 4, for the total amount of $86,820.00. Under new business, Town Clerk Rocco-Petrella informed the Board that her office would be open for the purpose of tax collection on Saturday, January 27, 2024 from 9:00 a.m. to 12:00 p.m. Town Board Member reports: Councilman Donlick apprised the Board he had an informative audit of records with Highway Superintendent Drach and Water/Sewer Superintendent Congdon. He added that it was “nice to know we have good people in place doing their job.” Councilman Guido reported that he audited the records of the Town Clerk/Collector, adding that he was impressed with the Town Clerk’s office and staff. Councilman Leach stated that he audited the records of the Town Supervisor and that Financial Administrator, Megan Johnson was doing a great job. Councilman Leach commented on the Town’s request for a reduction in speed limit on East River Road, noting that a portion of the road, from Route 11 to the bridge is already posted at 30 MPH. He hoped the County would review the speed limit for the rest of the road and reduce it appropriately. On a final note, Councilman Leach suggested the Board extend an invitation to the local school districts theater departments to perform a skit at a future board meeting. He mentioned that the Homer Senior High musical production this year would be Beauty and the Beast and that his grandson was playing the role of “Beast”. With no objection from the Board, Councilman Leach would work with the Supervisor’s Assistant to schedule the skits. Councilman Guido made a motion, seconded by Councilman Leach, to receive and file correspondence from Councilman Guido, dated January 17, 2024, regarding the audit and annual review of the Town Clerk/Collector records for the year 2023, in which he found everything to be in order. All voting aye the motion was carried. Councilman Guido made a motion, seconded by Councilman Leach, to receive and file correspondence from Councilman Reisweber, dated January 17, 2024, regarding the audit and annual review of the Town Justices records for the year 2023, in which he found everything to be in order. All voting aye the motion was carried. Councilman Guido made a motion, seconded by Councilman Leach, to receive and file correspondence from Councilman Leach, dated January 17, 2024, regarding the audit and annual review of the Town Supervisor’s records for the year 2023, in which he found everything to be in order. All voting aye the motion was carried. JANUARY 17, 2024 TOWN BOARD MEETING PAGE 7 Councilman Guido made a motion, seconded by Councilman Leach, to receive and file correspondence from Councilman Donlick, dated January 17, 2024, regarding the audit and annual review of the Town Highway and Water/Sewer Department records for the year 2023, in which he found everything to be in order. All voting aye the motion was carried. Supervisor Williams reported: Municipal Consulting Agreement for Engineering Services: Supervisor Williams noted that Chuck Feiszli, P.E. of Resource Associates, has been working with the Town on the GLSC concessions building. He suggested the Board engage his engineering services for small projects that would not require a firm such as CHA Consulting, Inc. and suggested the Board authorize Attorney DelVecchio to draft a contract for such services. RESOLUTION #37 AUTHORIZE TOWN ATTORNEY TO DRAFT A PROFESSIONAL SERVICE CONTRACT FOR ENGINEERING SERVICES BETWEEN CHUCK FEISZLI, P.E. OF RESOURCE ASSOCIATES AND THE TOWN OF CORTLANDVILLE Motion by Councilman Leach Seconded by Councilman Guido VOTES: AYE – Williams, Donlick, Guido, Leach NAY – 0 ABSTAIN – Reisweber ADOPTED BE IT RESOLVED, the Town Board hereby authorizes and directs the Town Attorney to draft a professional service contract for engineering services between Chuck Feiszli, P.E. of Resource Associates and the Town of Cortlandville. Supervisor Williams stated that the Town has had a longtime relationship with CHA Consulting, Inc. for engineering services. He suggested the Town continue to contract with CHA for larger projects in the Town that their expertise is needed for, such as for water and sewer projects. He asked for Board authorization for the Attorney to contact CHA and ask them to submit a new contract to the Town for such services. It was noted that the Town has a separate contract with CHA concerning the South Hill Dump and the required monitoring of that site. RESOLUTION #38 AUTHORIZE TOWN ATTORNEY TO CONTACT CHA CONSULTING, INC. TO REQUEST THEY REVISE THEIR MUNICIPAL CONSULTING AGREEMENT TO PROVIDE SERVICES FOR LARGE PROJECTS REQUIRING THEIR EXPERTISE Motion by Councilman Leach Seconded by Councilman Guido VOTES: AYE – Williams, Donlick, Guido, Leach, Reisweber NAY – 0 ADOPTED BE IT RESOLVED, the Town Board hereby authorizes and directs the Town Attorney to contact CHA Consulting, Inc. to request they submit a new contract to the Town for engineering services for large projects requiring their expertise for the year 2024. Comprehensive Plan Implementation Committee: Supervisor Williams commented on the Town Comprehensive Plan Implementation Committee, which was comprised of former Councilman Jay Cobb, PZO Bruce Weber, and town residents Cheryl Kenyon, Betsy Hicks, and Mike Barylski. Since Councilman Cobb’s term expired on December 31, 2023 there was a vacancy for the member/Chair. In addition, Ms. Kenyon and Ms. Hicks said they would not be able to participate on the committee moving forward. Supervisor Williams suggested the appointment of Councilman Reisweber as the Chair of the committee. The two additional members will be announced at a later date. JANUARY 17, 2024 TOWN BOARD MEETING PAGE 8 RESOLUTION #39 APPOINT COUNCILMAN GLENN D. REISWEBER AS A MEMBER AND CHAIR OF THE COMPREHENSIVE PLAN IMPLEMENTATION COMMITTEE Motion by Councilman Guido Seconded by Councilman Leach VOTES: AYE – Williams, Donlick, Guido, Leach, Reisweber NAY – 0 ADOPTED BE IT RESOLVED, the Town Board hereby appoints Councilman Glenn D. Reisweber as a Member and Chair of the Comprehensive Plan Implementation Committee for the Town of Cortlandville. Human Resources consultant for the Town: Supervisor Williams reported on the work completed by Human Resources (HR) consultant, Sylvia Hall, which included training for the Town’s Financial Administrator and a report on salaries and positions. He provided Ms. Hall’s credentials and explained the Town’s need for support in HR services and that the Town terminated its contract with HR-One for HR services. Councilman Reisweber asked if there was an end-date for her services. Supervisor Williams explained that Ms. Hall would be the Town’s consultant until they hire or contract with someone else. Revenues – Gutchess Lumber Sports Complex: Supervisor Williams informed the Board that Councilman Reisweber volunteered to create a report for the Board reflecting the money brought into the County generated because of the Gutchess Lumber Sports Complex. Agreement of Expenditures of Highway Monies: Supervisor Williams requested the Board accept the agreement of expenditures for 2024 as provided by Highway Superintendent Drach, pursuant to the Highway Law. RESOLUTION #40 ACCEPT AGREEMENT OF EXPENDITURES OF HIGHWAY MONIES FOR THE YEAR 2024 Motion by Councilman Leach Seconded by Councilman Donlick VOTES: AYE – Williams, Donlick, Guido, Leach, Reisweber NAY – 0 ADOPTED WHEREAS, the Agreement of Expenditures of Highway monies, in accordance with Section 284 of the Highway Law, was submitted by the Town Highway Superintendent as required, therefore BE IT RESOLVED, the Agreement of Expenditures of Highway monies for 2024 is hereby accepted and shall be signed by members of the Town Board and Town Highway Superintendent. Recodification of Town Code: Supervisor Williams reported that the recodification of the Town Code was underway, which included a list of over 100 action items/questions that needed to be reviewed and addressed. Supervisor Williams suggested that Attorney DelVecchio start the process by reviewing the action items and determine the officials/employees who would be responsible for answering the questions. JANUARY 17, 2024 TOWN BOARD MEETING PAGE 9 RESOLUTION #41 AUTHORIZE TOWN ATTORNEY TO PROCEED WITH THE RECODIFICATION PROJECT OF THE TOWN CODE BY REVIEWING THE ACTION ITEMS/QUESTIONS AND DETERMINING WHO WAS RESPONSIBLE FOR ANSWERING THE QUESTIONS Motion by Councilman Guido Seconded by Councilman Leach VOTES: AYE – Williams, Donlick, Guido, Leach, Reisweber NAY – 0 ADOPTED BE IT RESOLVED, the Town Board hereby authorizes and directs the Town Attorney to proceed with the recodification project of the Town Code by reviewing the questions/action items presented by General Code and determining the Town official or employee responsible for answering the questions. Definition of Camping – Immigration – Homeless Population: Supervisor Williams apprised the Board he recently had a meeting with representatives from Congressman Marc Molinaro’s office in which it was suggested that municipalities look at their zoning laws and think about the potential for large numbers of immigrants moving into the area. Supervisor Williams suggested the Board look into zoning regulations concerning “camping” and require written permission from a landowner to camp on property, which would give law enforcement the ability to act. He explained an instance that occurred over the summer concerning camping in a dangerous location and removal by law enforcement. Supervisor Williams spoke with Attorney DelVecchio regarding the definition of camping and that it was the individual landowner’s prerogative to allow or not allow it on their property. Councilman Leach and Councilman Donlick voiced concerns regarding several local homeless encampments, safety, and sanitation. Councilman Reisweber asked if there has been any discussion at the County or City level regarding homelessness, which is a nationwide issue; he stated there is strength in working with others. After further discussion, it was determined that Supervisor Williams would contact the County to discuss the issue and steps to be taken. He indicated that he was also waiting for a call back from Congressman Molinaro’s office with more information. At this time in the meeting the Board proceeded with new business items. RESOLUTION #42 ACKNOWLEDGE SUBMISSION OF THE ANNUAL PERFORMANCE REPORT OF ALL HOUSING ACTIVITIES FOR THE TOWN’S 2021 COMMUNITY DEVELOPMENT BLOCK GRANT TOWN-WIDE HOUSING REHABILITATION PROGRAM (CDBG #287HR317-21) Motion by Councilman Leach Seconded by Councilman Guido VOTES: AYE – Williams, Donlick, Guido, Leach, Reisweber NAY – 0 ADOPTED BE IT RESOLVED, the Town Board does hereby acknowledge submission of the Annual Performance Report of All Housing Activities for the Town’s 2021 Community Development Block Grant Town-Wide Housing Rehabilitation Program (CDBG #287HR317-21) for the period of January 1, 2023 through December 31, 2023. RESOLUTION #43 ACKNOWLEDGE SUBMISSION OF THE ANNUAL PERFORMANCE REPORT FOR THE TOWN’S 2021 COMMUNITY DEVELOPMENT BLOCK GRANT ECONOMIC DEVELOPMENT PROGRAM FOR SEVEN VALLEY SPECIALTY CABLES (CDBG #287ED967-21) Motion by Councilman Leach Seconded by Councilman Donlick VOTES: AYE – Williams, Donlick, Guido, Leach, Reisweber NAY – 0 ADOPTED JANUARY 17, 2024 TOWN BOARD MEETING PAGE 10 BE IT RESOLVED, the Town Board does hereby acknowledge submission of the Annual Performance Report (Economic Development-Small Business-Microenterprise Activities) for the Town’s 2021 Community Development Block Grant Economic Development Program for Seven Valley Specialty Cables (CDBG #287ED967-21) for the period of January 1, 2023 through December 31, 2023. RESOLUTION #44 AUTHORIZE EXTENSION OF TIME FOR TAX COLLECTION TO MAY 31, 2024 Motion by Councilman Leach Seconded by Councilman Guido VOTES: AYE – Williams, Donlick, Guido, Leach, Reisweber NAY – 0 ADOPTED BE IT RESOLVED, the Supervisor is hereby authorized and directed to sign and forward a request to the Cortland County Treasurer for an extension of time until May 31, 2024, for the collection of taxes in the Town of Cortlandville, pursuant to Section 938 of the Real Property Tax Law. RESOLUTION #45 AUTHORIZE FINAL PAYMENT APPLICATION NO. 10 SUBMITTED BY SMITH SITE DEVELOPMENT, LLC FOR THE GUTCHESS LUMBER SPORTS COMPLEX PHASE 2 AND ACCEPT THE PROJECT AS COMPLETE Motion by Councilman Guido 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 execute the Final Payment Application No. 10 as submitted by Smith Site Development, LLC for final payment in the amount of $157,179.15 for the Gutchess Lumber Sports Complex, which reflects the total work completed to date ($3,143,583.00) minus the previous applications for payment ($2,986,403.85), which is the five percent retainage, and it is further RESOLVED, the Town Board hereby accepts the project as complete by Smith Site Development, LLC for Gutchess Lumber Sports Complex Phase 2. Councilman Leach made a motion, seconded by Councilman Donlick, to receive and file correspondence from Cortland County, dated January 5, 2024, regarding the Town of Cincinnatus tax bill errors ensuring the accuracy of all other municipalities tax bills. All voting aye, the motion was carried. RESOLUTION #46 ACKNOWLEDGE THE SUPERVISOR’S REQUEST FOR A 30- DAY EXTENSION FROM THE NYS COMPTROLLER’S OFFICE FOR FILING THE 2023 ANNUAL FINANCIAL REPORT (AUD) Motion by Councilman Leach Seconded by Councilman Donlick VOTES: AYE – Williams, Donlick, Guido, Leach, Reisweber NAY – 0 ADOPTED BE IT RESOLVED, the Supervisor is hereby authorized to request an additional 30-day extension of time from the NYS Comptroller’s Office for filing the 2023 Annual Financial Report (AUD). JANUARY 17, 2024 TOWN BOARD MEETING PAGE 11 RESOLUTION #47 ACCEPT RESIGNATION FOR RETIREMENT FROM SUSAN M. SOULE AS DEPUTY COURT CLERK FOR THE TOWN OF CORTLANDVILLE EFFECTIVE JANUARY 12, 2024 Motion by Councilman Leach Seconded by Councilman Guido VOTES: AYE – Williams, Donlick, Guido, Leach, Reisweber NAY – 0 ADOPTED WHEREAS, after almost 18 years of dedicated service to the Town of Cortlandville as Deputy Court Clerk, Susan M. Soule has submitted her letter of resignation for retirement, therefore BE IT RESOLVED, the Town Board does hereby accept, with deep regret, the letter of resignation from Susan M. Soule as Deputy Court Clerk for the Town of Cortlandville, to be effective January 12, 2024, and it is further RESOLVED, the letter of resignation dated January 9, 2024 is hereby received and filed. Councilman Donlick made a motion, seconded by Councilman Leach, to receive and file the renewal application for a Mobile Home Park Permit for Cortland Estates Mobile Home Park located at 1054 Route 13 (tax map #96.09-04-10.000). All voting aye, the motion was carried. Councilman Donlick suggested the code office research the fees charged by other municipalities for such permits, suggesting the Town’s permit fee ($5.00 per mobile home) was no longer appropriate. He suggested the Town of Ithaca’s fees be looked at as a comparison. Councilman Leach made a motion, seconded by Councilman Guido, to receive and file correspondence from Dan Harris, Shoe Show Incorporated, dated January 12, 2024, regarding a plumbing issue at 818-822 Bennie Road that resulted in excessive water usage that did not enter the sewer system; requesting a refund/credit of $212.59. All voting aye the motion was carried. Councilman Leach made a motion, seconded by Councilman Guido to receive and file correspondence from Water/Sewer Superintendent, Brian Congdon regarding the request of Shoe Show Inc. for a refund/credit, recommending that $205.81 be forgiven for the excess water that did not enter the sewer system. Discussion occurred regarding the request. Councilman Donlick stated that the Town has been lenient on requests for relief of sewer charges for residential property owners, but asked whether the same consideration should be given to a commercial business. He voiced concern with setting precedent for refunding businesses. Councilman Guido and Councilman Leach withdrew their original motion, and instead made a motion to table action on the request at this time. RESOLUTION #48 TABLE ACTION REGARDING THE REQUEST FOR A REFUND OF SEWER CHARGES DUE TO A WATER LEAK Motion by Councilman Leach Seconded by Councilman Guido VOTES: AYE – Williams, Donlick, Guido, Leach, Reisweber NAY – 0 ADOPTED BE IT RESOLVED, the Town Board hereby tables action regarding the letter of request for relief of sewer charges in the amount of $212.59 from Dan Harris, Shoe Show Incorporated, until the February 7, 2024 Town Board Meeting, to allow time for Water/Sewer Superintendent Congdon to provide the Board with more information. With nothing further to come before the Board, Supervisor Williams requested the Board convene to an Executive Session to discuss pending litigation and personnel. Councilman Guido made a motion, seconded by Councilman Donlick, to recess the Regular Meeting to an Executive Session to discuss pending litigation and personnel. All voting aye, the motion was carried. The meeting was recessed at 6:11 p.m. JANUARY 17, 2024 TOWN BOARD MEETING PAGE 12 Councilman Guido made a motion, seconded by Councilman Donlick, to adjourn the Executive Session and reconvene the Regular Meeting. All voting aye the motion was carried. The Executive Session was adjourned at 7:04 p.m. Members of the public were invited to return to the meeting at this time. No action was taken. With no further comments or discussion to be heard, Supervisor Williams adjourned the Regular Meeting. The meeting was adjourned at 7:04 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 February 16, 2024. The final version of this meeting was approved as written at the Town Board meeting of February 21, 2024.