A Citizen’s Report
on
A Public Hearing
and on
A Meeting of the Corning City Council
December 2, 2024
PUBLIC HEARING
The Council for the City of Corning, New York held a public hearing at 6:15 p.m. at Council Chambers, Civic Center Plaza, Corning, New York.
All Councilmembers attended the hearing except Councilmember Coccho. Counting City of Corning employees, 12 members of the public attended.
The purpose of the public hearing is to obtain the views of the citizenry on a resolution authorizing a Restore New York Communities Initiative Grant for the Corning Courthouse Historic Rehabilitation and Adaptive Reuse Project.
Background on the Public Hearing:
This is the second public hearing on this project. The Council set the first hearing on May 6, 2024, to support the City’s application for funds available through Funding Round 8 of the Restore NY Communities Initiative. During the hearing, Hilda Lando, Steuben County Legislator for the City of Corning, voiced her support for the project. There were no other speakers.
In July 2024, Governor Hochul announced that the Restore NY Communities Initiative awarded more than $64 million in grants to Funding Round 8 applicants. This money supported 43 projects across nine regions of the state. The city’s application for Round 8 was not successful, requiring it to go through the same steps for Funding Round 9 of the Restore NY Initiative.
The City of Corning filed an Intent to Apply form with Empire State Development on or before October 23. The letter of intent was not a part of the documents produced to the public by the city. In that letter, the city lowered the requested grant from $1,562,272 in Round 8 to $644,010 in round 9.
Background on the Restore NY Initiative:
An article appearing in Buffalo Rising on February 23, 2024, explains the program in this way:
“The stated purpose of The Restore New York program is to support local governments in their efforts to eliminate eyesores and reinvigorate neighborhoods, thereby attracting new residents and businesses. Projects eligible for funding through this program include the demolition, rehabilitation, or restoration of vacant, abandoned, condemned, or surplus properties. A significant focus will be placed on projects that are situated in economically disadvantaged communities, those that can draw upon additional state or federal funds, and those that are ready and feasible for immediate implementation.”
The state requires a city to be the grant recipient and to administer the funds. That is, if the state approves the grant, the city must collect evidence of qualified expenses already paid by the developer and submit them to the state. Only if approved, may the city reimburse the developer.
Background on the project:
Steuben County declared the former Steuben County Court House at 10 West First Street in Corning to be surplus property and the County sold it at auction in 2023. Giuseppe and Jennifer Milio bought the property for $142,500 and asked that the City of Corning apply for competitive grant funds to enable renovation of the 12,048 square foot building.
The Milios plan to redevelop the building in Corning’s Southside Historic District into seven market rate residential units. While the city did not disclose the estimated total cost of the project used in the Round 9 Letter of intent, the Milios will provide the local match for the grant, apparently the difference between the project’s cost and the amount of the grant.
Hilda Lando, Steuben County legislator for the City of Corning supported the application stating that it would benefit the city to have this historic vacant property preserved and used.
Mayor Boland noted that, until now, the county building was tax exempt. If renovated, it will be back on the roles generating significant tax revenue for the city.
There were no other public comments.
MEETING OF THE CITY COUNCIL
The Council for the City of Corning, New York held its regular meeting at 6:30 p.m. at Council Chambers, Civic Center Plaza, Corning, New York.
All Councilmembers attended the meeting except Councilmember Coccho. Counting City of Corning employees, 18 members of the public were in the audience.
New Business – Council Rejects Cell Tower Easement
By a tied vote, the Council first rejected a motion to lay on the table, and then rejected a resolution which would have authorized the City Manager to sign a letter of intent for a cellular tower easement.
Background: Horvath Towers III, LLC (Horvath) currently has a ten-year lease on the City’s yard waste site on Route 414 which will expire in September of 2025. At its choice Horvath may extend the lease, on the same terms, in five-year increments for a total of 20 years after the end of the current lease.
Horwath must pay $22,200 per year under the terms of its lease agreement. Assuming that Horvath has already paid the rent for the last year of the current lease, and assuming that Horvath extends the lease for 20 additional years, the city would receive a total of $444,000 for 20 years of occupancy.
Horvath submitted a letter of intent to replace this agreement with a 50-year easement. It has offered to purchase the easement for $400,000.00.
Councilmember ReSue called the proposed letter of intent “a bad agreement.” He explained that, for the 50-year term, Horvath will pay only $8,000 per year. He believes this to be far below market value for such an easement. Information he has suggests that comparable shorter-term easements bring $18,000 to $30,000 per year. He believes that the city will be losing as much as $1.1 million dollars by signing this letter of intent.
City Manager Ryckman responded that Horvath and he have negotiated for a replacement to the current contract over the past two or three years. He is not certain that the city can count on Horvath leasing the premises for another 20 years, so an upfront payment now that would, in essence, “buy-out” Horvath’s contract is desirable. Further, the property covered by the easement, albeit for 50 years, is of little value. It is land-locked and without road access. A long-term easement may be the best use for the property. If the Council accepts the letter of intent, he plans to place the $400,000 in a technology reserve for the city to, among other things, update the aging technology it currently uses in many departments.
Councilmember ReSue countered that it will cost Horvath at least $500,000 to move its cell tower. In addition, he believes that Horvath will incur the cost of finding another suitable location. Because of these factors, Mr. ReSue doubts Horvath will abandon the current contract.
Councilmember Clark also expressed concern about the 50-year duration of the easement at the cost of $8,000 per year to Horvath, when they have already paid $22,200 annually for the site for ten years. Keeping things as they are, in 18 years, Horvath will have paid the city the equivalent of the rental for the 50-year easement.
Councilmember Clark said that he did not receive, nor was he able to find, data showing comparable pricing on varying easement term lengths for similar installations. He would like to have this information before voting on this resolution.
Mayor Boland favors the resolution. He said that there is uncertainty in the cellular market. Satellite-to-phone service is now a reality and this does not require towers. What the utility of a cell-tower easement agreement will be in the reasonably near future is uncertain, much less over the next 20 years. This and the near-uselessness of the property makes a 50-year easement for an up-front cash payment palatable.
Councilmember Paterson expressed concern about the 50-year term and asked why the proposed letter of intent uses it. City Manager Ryckman answered that it was Horvath’s proposal. He also noted that the Horvath proposal expires on December 15, 2024.
After the vote to table the resolution indefinitely failed, the vote on the main motion failed with Councilmembers ReSue, Paterson, Clark, and Muccini voting “No.” Mayor Boland, Deputy Mayor Hunt, and Councilmembers Telehany and Hyde voted “Yes.”
New Business - the Council Unanimously:
Approved the Appointment of Pamela Gee of Elmira, New York as Special City Attorney through December 31, 2024, for the purpose of representing the city in Corning City Court on November 20, 2024, and any other matters that may arise before December 31, 2024
Background: The special Appointment was necessary because the city’s current attorney, the Maggs Law Office, PLLC, which will close on December 31, 2024, did not have an attorney available to appear on the City’s behalf. The City Manager made the appointment under §C7-42 of the City Charter which authorized the appointment prior to consent of the City Council. In the case of a special emergency.
Approved the City Manager’s appointment of Pamela Gee of Elmira New York as the City Attorney for the period of January 1, 2025, through December 31, 2025, at the rate of $220.00 per hour.
Background:
Due to the election of the former City Attorney, Brian Maggs to the position of Family Court Judge and the closure of his law office, the City Manager appointed Pamela Gee of Elmira New York as the City Attorney for the 2025 calendar year.
The City Manager provided no information about Pamela Gee at the meeting. A LinkedIn page shows that from 2013 to present Ms. Gee represents the interests of children in “a myriad of legal proceedings.” Prior to that she was Assistant District Attorney for Chemung County for four months in late 2012 and early 2013. Prior to that she was an attorney in the law office of Davidson & O’Mara for 16 years listing work in litigation, municipal law, education law, health care law, insurance defense, personal injury, contracts, appellate practice.
However, this writer asked Ms. Gee, who was present in the audience, about her past experience with the City of Corning. She said that she had been City Attorney for the period of 1997 to 2012 while she worked with the firm of Davidson & O’Mara.
Set a public hearing for January 6, at 6:15 at the Council Chambers, Civic Center Plaza, Corning, New York on Local Law #1 of 2025 to Amend Chapter 76 of the Code of the City of Corning entitled “Building Construction and Fire Prevention.”
Background: The Proposed new Public Law was not available to the public at the Council meeting.
This writer obtained a copy:
The authors of the proposed public Law describe it as a law needed to comply with New York State Executive Law §381 and 19 NYCRR Part 1203.
§381 of the Executive Law directed the Secretary of State to promulgate rules and regulations for administration of the New York State Uniform Fire Prevention and Building Code and the New York State Energy Conservation Construction Code. The new rules set minimum standards for administration and enforcement which are a part of proposed Public Law #1 of 2025
Increased the rates for solid waste disposal from $2.25 for a 30-gallon bag to $2.75.
Background: There have been no increases in solid waste disposal charges since 2011.
Added a fine of $25 for violation of the City of Corning Code regulating bus truck and trailer parking.
Background: The City Code prohibits parking omnibuses, trailer cabs, motor vehicles commonly known as auto carriers, school buses, tractors and tractor-trailer combinations upon any public street or highway in a residential area unless actively engaged in the transportation of persons, goods, wares, and merchandise. It further prohibits any person from detaching a trailer, semitrailer or house coach from its towing vehicle and allowing the same to remain standing in any public place or street.
Previously, there was no penalty associated with a violation of these code provisions.
Authorized transfer of $6.500 from the Building Alteration Reserve to the Equipment, Repair, and Maintenance line item for the repair of the heating system at the Corning Senior Center.
Passed a resolution in favor of continuing and increasing unrestricted state aid to municipalities and authorized the City Manager to send it to Governor Kathy Hochul, Senate Majority Leader Andrea Stewart-Cousins, Assembly Speaker Carl Heastie, Senator Tom O’Mara, Assemblymember Phil Palmesano, and the New York State Conference of Mayors and Municipal Officials.
Background: After 15 years of no increases, in the last budget the state authorized a $50 million infusion of unrestricted aid for municipalities. However, language used for this extra funding suggests that it is temporary and may not continue. At the same time, the state’s imposition of a property tax cap limits the flexibility of municipalities to properly fund programs without unrestricted state aid.
The resolution asks the Governor and the State Legislature to commit to continuing the added $50 million in unrestricted state aid in the 2025-2026 Budget, and beyond. It further urges state officials to recognize the need for a long-range funding plan that ensures consistent and predictable increases in financial support for local governments. Doing so will allow municipalities to keep pace with mandated spending and cost inflation; will enable them to continue making infrastructure improvements; and will assure support for public safety, housing, and other municipal services for its residents.
Anecdotally, Deputy Mayor Hunt reported that a similar resolution passed councils in every municipality in the Southern Tier and wherever considered.
Authorized the restore New York Communities Initiative Grant for the Corning Courthouse Historic Rehabilitation and Adaptive Reuse project.
Approved free hourly parking in handicap-designated spaces in the city’s municipal lots for people with a Handicap Parking Permit.
Announcements – Mayor and Councilmembers
Councilmembers Telehany, and Clark complimented the Department of Public Works, the Fire Department, and the Police Department of the City of Corning for:
Working on the evening before Thanksgiving to repair a water leak in the area of State and West Third Streets.
Helping make safe an area where an electrical transformer blew.
Marshaling resources to direct crowds, traffic, and assure public safety during the Parade of Lights,
Their professionalism in suppressing a major fire at a historic home on the corner of Fourth and Pine Streets; for their courtesy in dealing with the public; and for their thoroughness in policing the area.
Mayor Boland commented on the Snapshot of Corning presentation by New York State Comptroller, Thomas DiNapoli. The financial stability of the city was a linchpin of the favorable report. Mayor Boland congratulated Mark Ryckman on his work in that regard.
Committee Reports
Mayor Boland said that the Code Committee had met and several of the matters on tonight’s agenda were the results of the Committee’s work. These included resolutions pertaining to free hourly parking by the handicapped in handicap-designated spaces; establishing a fine for violation of the City of Corning Code pertaining to parking of buses, trucks and trailers; adjusting fees for garbage collection; and recommending changes to the City of Corning’s building and fire code amendments.
Visitors’ Comments
Hilda Lando, Steuben County Legislator representing the City of Corning reported that:
The county is in the preliminary stages of working on a 25-year lease for the Higman Hill cell tower.
Not only is the City of Corning doing well fiscally, but so is Steuben County.
Background: (From a November 26 report by WSKG) “The Steuben County Legislature passed its $260 million budget during a special meeting Monday. It passed unanimously.
The tax levy is increasing by 1.76 percent in the county. However, the average tax rate for property owners is decreasing by 4.7 percent due to a “continued rise in assessed property values,” according to Steuben County Manager Jack Wheeler.
“Long and short, we had a lot of fiscal pressures, especially keeping up with salaries to keep market rates so we can attract and retain qualified staff, provide services,” said Wheeler. “We have state mandates that we have to pay for, especially when it comes to Medicaid, but this keeps up with our roads and bridges, our investment in public safety. So I think [it is] a responsible budget.”
Wheeler said some residents’ property taxes will go down and some will go up depending on the city, town, or village that they live in within Steuben County. However, he said that averaged across the county, the tax rate would be approximately $11 for every $100,000 in assessed property value.
County officials boast that the 2025 budget includes a decrease in the average tax rate for property owners for the 12th consecutive year.
Major expenses to the county in the new budget include public safety and infrastructure, competitive market-rate salaries and state-mandated services like Medicaid, special education and pre-K, and veterans’ services.
The county has scheduled a public meeting to consult with experts to figure out the extent of the risk for PFAS exposure in the county and get a handle on the problem.
The meeting adjourned at 7:15 p.m.
NOTES
The writer of this report has presented items in an order different than that in which they occurred at the meeting.
The writer has, except as specifically noted, amended, or eliminated comments and attribution for them. Unless quotation marks are used, the comments reported are not verbatim.
For brevity, the writer has not included all items on the agenda of the meeting.
Some material has been added by the writer for context or clarity and where it is extensive, is labeled “Background.”.
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