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HomeMy WebLinkAbout2021-02-17 Town Board Minutes FEBRUARY 17, 2021 5:00 P.M. TOWN BOARD MEETING The Regular Meeting of the Town Board of the Town of Cortlandville was held via Zoom video and telephone conferencing with Supervisor Williams presiding as permitted by the Executive Order of the Governor of the State of New York due to the COVID-19 pandemic. Members present: Supervisor, Thomas A. Williams Councilman, Jay E. Cobb Councilman, Jeffrey D. Guido Councilman, Theodore V. Testa Councilman, Douglas E. Withey Town Clerk, Kristin E. Rocco-Petrella Others present were: Town Attorney, John DelVecchio; Highway Sup’t. Larry Drach; Planning/Zoning Officer, Bruce Weber; Deputy Town Clerk, Abigail Albro; Supervisor’s Secretary, Patty O’Mara; Attorney Thomas Fucillo; Dan Gapski; A. Henry; Carol Simon; Paul Simonet; Matthew Van Wagenen; Town Residents: Peter Morse-Ackley; Robert Martin; Pamela Jenkins; Andrea Rankin; and News Reporter: Colin Spencer from the Cortland Standard. Supervisor Williams called the meeting to order and asked for a roll call of the Board members in attendance. Councilman Cobb made a motion, seconded by Councilman Guido, to approve the Draft Town Board Minutes of January 13, 2021 and the Draft Special Town Board Minutes of January 27, 2021. All voting aye, the motion was carried. Councilman Cobb made a motion, seconded by Councilman Guido, to receive and file the Cortlandville Zoning Board of Appeals Minutes of January 25, 2021, and the Cortlandville Planning Board Minutes of December 29, 2020. All voting aye, the motion was carried. RESOLUTION #54 AUTHORIZE PAYMENT OF VOUCHERS – FEBRUARY Motion by Councilman Testa Seconded by Councilman Withey VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0 ADOPTED BE IT RESOLVED, the vouchers submitted have been audited and shall be paid as follows: Funds A, B, DA, DB, Voucher #111-177 HG, SF, SS, SW General Fund A $ 117,517.53 General Fund B $ 1,100.37 Highway Fund DA $ 0.00 Highway Fund DB $ 27,048.89 Gutchess Lumber SC Project HG $ 6,249.24 C’Ville Fire District SF $ 813,244.00 Sewer Fund SS $ 21,044.93 Water Fund SW $ 113,536.26 Funds CD1, CD3, CD4 Voucher #16-17 BMills Rehab CD1 $ 0.00 Town Wide Rehab CD3 $ 15,138.00 Business Devl CD4 $ 0.00 Funds TA, TE Voucher #(None) Trust & Agency TA $ 0.00 Expendable Trust TE $ 0.00 Councilman Withey made a motion, seconded by Councilman Testa to recess the Regular Meeting to an Executive Session to discuss potential litigation, a contract, and a personnel matter. All voting aye, the motion was carried. The meeting was recessed at 5:08 p.m. Councilman Withey made a motion, seconded by Councilman Cobb, to adjourn the Executive Session and reconvene the Regular Meeting. All voting aye the motion was carried. The Executive Session was adjourned at 5:47 p.m. FEBRUARY 17, 2021 TOWN BOARD MEETING PAGE 2 Members of the public were invited to return to the meeting at this time. Supervisor Williams: Okay good. We are back in session at… what are we at…? 5:48 p.m. Sorry if it took longer than we thought. We had a few things to talk over. So now, let's move on Privilege of the Floor. We have two people, one on your printed agenda, Peter Morse-Ackley and Pam Jenkins. Peter the floor is yours and as you will recall, I think you will recall, you have five minutes starting now. Town Resident Peter Morse-Ackley: Okay, thank you. You guys hear me okay? Supervisor Williams: Yes. Councilman Withey: Fine. Town Resident Peter Morse-Ackley: Alrighty. I've been following the Town government for about the last six months. And, it's been pretty disappointing to me. Now, maybe my expectations have been too high, as I've not previously been watching the Town government so I didn't know what to expect. I've been dismayed. My first experience was starting with objecting to the sign ordinance and the questionable ordinance by the Town. And then Mr. DelVecchio’s sad commentary on not being a legal expert when he’s the Town's legal expert. And then last month, when no one on the Board knew the legal terminology for large-scale solar systems. This, after two years of solar projects being pushed on our Town and people just didn't know what was going on? And again, for Mr. DelVecchio to not know the law nor was he able to access it quickly. Why doesn’t he just have it sitting there? You flip it open, you look it up, and boom you have answers for people to proceed with. You know, I've watched the Comprehensive Plan and the Solar Amendments be pushed from month to month to month and now it appears it is not on the agenda again tonight. Meanwhile, the solar proposals keep coming in. You know, they're starting to flood our committees. They're dealing with hundreds of pages from each of these developers, which I think are just trying to distract us from the larger issues that these projects don't belong in neighborhoods, they don't belong in our gateways, they should be turned down and turned down much more quickly. We’re making a lot of work for ourselves. You know, I've tried to write emails to you. I'm going to continue to write to you folks. You know, I'm asking you to take a look at a moratorium. That way the Town will have more time to accept the Comprehensive Plan, have time to strategize, how to implement this plan, and get things going. You know, I've seen more concern and energy over the Cortlandville Hall of Fame and the stupid sign for the Sports Park than I've seen solar projects and the Comprehensive Plan. This is just wrong. Where are your priorities? You know, maybe you do a lot of work behind closed doors, but the lack of progress and the disorganization I see in these Zoom meetings is sad. Some of you do not seem to have any notes or any preparation. Others are rifling through their desk and are obviously distracted. Some of you were prepared and seem to be doing a good job. But, why isn't everybody focused for an hour to an hour and a half meeting? Maybe this is a bad six-month period to be watching. I'm concerned about how the Town Board is functioning and I'm wondering if anything is going to get better. Where's the leadership? And, more importantly, where are the results? I can continue to send emails and fight against solar projects being put in some neighborhoods and scenic gateways. And, please implement, or at least discuss, a moratorium. Riley Road, Cortlandville II and III, McLean Road are all horrible sites. Please, stand against these projects and protect our Town. Thank you for listening and reading my emails. I'm done. Councilman Withey: Thank you. Supervisor Williams: Peter, that was three minutes and twenty-eight seconds. Next is Ms. Pam Jenkins. Again, it’s a five-minute time. Town Resident Pamela Jenkins: Okay. I want to say first, thank you to Kristin, Nick, and Patty for agreeing to attach my Comprehensive Plan comments to the agenda for this meeting. I had sent them to Mr. Williams on February 2nd, but I did not send them to Patty at the time. So that was my mistake so... but thank you Kristin, Patty, and Nick. On to item number I-8. I want to speak in support of Doug Withey’s Resolution, which recognizes Joe Biden and Kamala Harris as the duly elected President and Vice President of the United States. It follows that Cortlandville does not and should not condone the repugnant spray-painted sheet displays like the one on the west side of 281 near the golf course. Last time I looked it was under the snow, but it could just as easily have been... become dislodged by the wind and carried to the windshield of a passing car, school bus, or truck. This obviously poses a hazard. So, I have a few questions. My first one is, do you have a plan as to how you will address the large, spray-painted sheet displays of divisive misinformation? Does a person need a permit for such a despicable display? And, is there a limit FEBRUARY 17, 2021 TOWN BOARD MEETING PAGE 3 to the size and number of spray-painted sheets or even spray-painted plywood displays that Cortlandville will allow or give permits to? I really think it needs to be addressed. Thank you. That's it for me. Supervisor Williams: Thank you…. Councilman Guido made a motion, seconded by Councilman Cobb, to receive and file the following monthly reports: a) Code Enforcement Officer, Kevin McMahon – January 2021; b) Town Justice LeFevre and Town Justice Mathey – January 2021; c) Cortland Community SPCA – January 2021; d) Town Clerk – January 2021; e) Tax Collector – January 2021; f) Water & Sewer Department – January 2021; g) Fire & Safety Inspector/CEO, Desiree Campbell – January 2021; All voting aye, the motion was carried. Councilman Guido made a motion, seconded by Councilman Testa, to receive and file the Municipal Shelter Inspection Report correspondence from NYS Agriculture & Markets, dated February 1, 2021, regarding the “Unsatisfactory” rating for the dog shelter services at the Cortland Community SPCA due to missing a contract with the City of Cortland. All voting aye, the motion was carried. Councilman Withey made a motion, seconded by Councilman Testa, to receive and file correspondence from Charter Communications, dated February 12, 2021, regarding programming services. All voting aye, the motion was carried. Town Clerk Rocco-Petrella had no new business to report. Attorney DelVecchio reported: Attorney DelVecchio: Yes, thank you. I'm just going to speak to Mr. Ackley… Mr. Morse-Ackley directly for a second. I’m just going to correct some of your statements real quick sir. Number one, I said I was not a Constitutional expert. I am not a Constitutional expert. Number two, some of your... Well, a lot of your comments are legally a disaster. Number three, I don't take any offense to your comments. I want you to know that, personally. Since I've been Town Attorney, I'll… I’ll let... I'll let it speak for itself that the Town, I think, has only been sued one time and that lawsuit was dropped in a heartbeat. I do take offense to your comments about our Town Officials not working diligently and hard. Feel free to come into Town Hall and see how hard Pete Alteri works, how hard Larry Drach works, how hard Bruce Weber works. This Town is run very, very well. I'd like to take up the issue of the billboard sign at this time, on Gutchess Park. As you all know, we addressed this issue and the Board… this Board decided to ask the Zoning Board of Appeals whether or not it wanted to take up the factor analysis to determine whether or not the Town wanted to immunize itself or waive the zoning requirement... any... any zoning requirements that are applicable regarding the sign on that property. The ZBA decided not to take up that… that legal analysis and so I’m going to put it back in your lap, at your request. And the issue here, as you all know, is this billboard. Technically speaking, according to our Code Enforcement… or our Planning Officer, requires a Use Variance because it is an “animated sign” and I use quotes around that... that phrase “animated sign.” Our Town Code does not allow animated signs on any properties in the Town. It doesn't matter which zoning classification that property has. Our Town does not allow animated signs. Also, this sign, according to Mr. Weber, would require at least one Area Variance for sizing and other things. What I'd ask that you consider doing here tonight is what I asked of you before. There is a Court of Appeals case, that is the highest Court in New York State. The citation is the Matter of County of Monroe v City of Rochester, 72 N.Y.2d 338, 533 N.Y.S.2d 702. That's the legal citation for that case. It is the law in New York State. And, what the... what the Court held in that case is that a municipality has the legal ability to take up a nine factor analysis, in the event that there is an issue with how a property is being used and if the proposed use goes against what the Town Code allows or doesn't allow. And, in this case, again technically speaking, the Town Code does not allow animated signs on any property in the Town. And, Mr. Weber has coined this sign to be an animated sign. And, Bruce could you just speak to that issue as to why you make that conclusion. Planning/Zoning Officer Bruce Weber: Well, my understanding of the sign is, is that is going to be having a changing message that will change every 20 seconds, 30 seconds. And so it is not a FEBRUARY 17, 2021 TOWN BOARD MEETING PAGE 4 static sign which requires, I believe it was, a six-hour time frame. So, it's an animated sign from everything that I have seen. Attorney DelVecchio: And, any Area Variances that might be appropriate? Planning/Zoning Officer Bruce Weber: Well, from what I understand, and I don't... I have not received a written proposal, so this is based on conversations. But, my understanding is the sign would be of a billboard type which would be more than eight feet high and more than a hundred square feet in area. Attorney DelVecchio: And, just so everyone is aware, the sign in question is almost exactly the same as the sign that is near the college. Is everybody familiar with that sign? Councilman Withey: I am. Supervisor Williams: We’re talking about the one on Tompkins Street, correct? Councilman Withey: Yes, right by the railroad tracks. Attorney DelVecchio: Yes. Supervisor Williams: Because there is one on 281, by the college as well. I just wanted to be clear. Attorney DelVecchio: That’s correct. Supervisor Williams: On Route 13/ Tompkins Street. Attorney DelVecchio: Correct. Supervisor Williams: Almost at the City line. Attorney DelVecchio: Okay, so with that said, what I'd ask for is you to consider going through the nine factor analysis that is clearly set forth in that Court Case and potentially determine whether or not to immunize the Town's regulations regarding this proposed sign. Again, before you take up that analysis, I want it clear on the record here that the Town, in its history to my knowledge, has never gotten any sort of approval for anything on any Town-owned property in the history of Cortlandville. Definitely on the parks, that I can tell you. And Bruce, I'm sure, will second that. Planning/Zoning Officer Bruce Weber: That's correct. Attorney DelVecchio: So, what we are doing... what we're doing here is going through an extra layer of what the Town has always done. And, I have a sensitivity to that park. I want to see it prosper and I want to make sure that everything that the Town does in the future, especially with that park, we have a lot of money invested there, we do everything above board. And, going through this analysis is not circumventing the law. This Court is the highest Court in the land... in New York State not in the land. And, it is the law in New York State. So, if you decide to go through this factor analysis you're following the law, you're not circumventing the law. Supervisor Williams: John, before we start, two things I want to interject. One, you had mentioned that the Town had never, in maybe not in history, but in recollection, ever put before either the Planning Board or the Zoning Board anything they did. I did a little research, and I have found, in regard to Gutchess Park, which is what we're talking about here, where the sign would be located. For the last three years I guess or maybe a little bit more but for at least the last three years, through the whole, all the... all the myriad resolutions that were put before the Town for the awarding the contract, for the park itself, couple million dollars, over two million dollars, for the building of the Pavilion, for the building of the restroom, for this and for that, there is a hole myriad of... of resolution that were passed. I asked our Clerk to pull those for me, which she did, and I could not find one of those. I could not find one of those, and I went through about two years of records where there was nothing... there was... there was nothing but an affirmative… a unanimous affirmation of going ahead with the building of the park and adding this and adding that and change orders and there was no... not one mention of Zoning or Planning be involved. Bruce, I think, has affirmed that. And, it should also be noted that, at least two of the members of this present Board were present for those votes and voted in the affirmative, as best I can determine. That, and the other thing is that the Monroe v City of Rochester decision indicated that the Board will review these things. It doesn't say what Board. I determined that it should be this Board and that this is FEBRUARY 17, 2021 TOWN BOARD MEETING PAGE 5 the highest Board in our land, which is the Town of Cortlandville. And, I also... there was no indication as to how... what kind of voting process was to be applied to the nine votes, and it was also determined, by me, as the... as the Supervisor of the Town, that it would be a simple majority. So, of the nine features of the test, let’s call it a test. If five are recognized, then the matter carries. Is that clear to everybody? I know I went on and on and on. Attorney DelVecchio: And that is... that is that is correct. The Court... the Court made it clear that there is no official scorecard or mathematical way to analyze those factors. There is... it is not what's called a Dispositive Factor Analysis it's simply a Factor Analysis that you go through and at the end you determine, basically, whether or not you believe that those factors have been met enough. So I guess what I'm asking for from someone is first that we make a motion, and this may not happen, I don't know, to go through those... go through that factor analysis. Councilman Withey: I'd like to make a motion to bring this to the table, not for the Factor Analysis cause I think it would be appropriate to speak to the issue and I have several comments regarding the issue and hopefully there's some others that have comments as well, pro or con. So.. Supervisor Williams: You cannot put a matter on the table. You can discuss a matter if it is a motion that has been seconded. Then, that is the appropriate lane for discussion. Councilman Withey: And that’s what I’m saying, let’s bring it to the table and… Supervisor Williams: You have to make a motion to accept… Councilman Withey: I will… Supervisor Williams: Alright. Councilman Withey: I’m just laying out my preference. Alright, so… Supervisor Williams: Doesn't matter. You make a motion to proceed. Councilman Withey: Yupp, to bring it on to the table for further discussion, not to do the analysis, the nine point analysis. So… Supervisor Williams: Nope, you can’t do it. You can move to do the analysis or not. You cannot put something on the table just to discuss it. You have to make a motion either an affirmative motion or negative motion, but you have to make a motion to put a matter before the Board and that has to be seconded before discussion. Councilman Withey: Right, what I’m saying is the matter I want to bring to the Board to put on the table is simply the sign not the so-called circumvention of the nine questions. Is that appropriate? Is that clear? Supervisor Williams: You want to vote on whether or not we're going to put up the sign? Councilman Withey: I want to vote on... I want to have discussion on the sign. So I want to bring the Route 13 sign onto the table for further discussion. Attorney DelVecchio: Well we’ve already decided to put up the sign. Councilman Withey: No. Attorney DelVecchio: Yes we have. Councilman Withey: I don’t agree with you there. Attorney DelVecchio: The Lease Agreement has already been executed. Councilman Withey: I understand that. And that was going to be, as I understood, conditional upon it going through the ZBA. Attorney DelVecchio: Well... Councilman Withey: There was never an application sent to the ZBA by the Town or by the applicant for using Town property. So they had nothing… no foundation there to even build from. FEBRUARY 17, 2021 TOWN BOARD MEETING PAGE 6 As I stated before, this is something that, to me, looks like circumventing our local Town laws and regulations. So John, when you say we haven't done this before that surprised me, a couple months ago. Why? Okay. Number one, we have established rules and regulations. If it was me, and across the road from there or any place around there, I would have to have a Use and Area Variance to the process. I don't see our Town being above our rules and regulations. So the fact that it wasn't brought up before does not make this right. Now, we're looking at making changes, and so on there, with our Zoning for protecting our aquifer, but we're ignoring what we have already, as far as I’m concerned, proving established law that it works. I think we are not doing our jobs by circumventing, I know you don't like that word, but circumventing our process. And that to me is wrong. And, I know that came up three months ago or whatever John and I still hold firm on that. We are not doing our fiduciary duties by running it through this way. Attorney DelVecchio: Doug, I know how you feel about this. Does anybody else want to make a motion? Councilman Guido: Motion in regards to which part? Attorney DelVecchio: A motion to go through the Factor Analysis set forth in the Court case that I cited with respect to the sign. Councilman Guido: I will make the motion... Councilman Testa: I’ll second it. Councilman Guido: ...Factor Analysis. Supervisor Williams: Thank you Ted. All those in favor? Tom, aye. Councilman Testa: Ted, aye. Councilman Withey: Doug, no. Councilman Cobb: Jay, aye. Councilman Guido: Jeff, aye. Supervisor Williams: Please let the record show that it was recorded as an affirmative vote 4-1. RESOLUTION #55 AUTHORIZATION TO PROCEED WITH THE FACTOR ANALYSIS AS SET FORTH BY THE MATTER OF COUNTY OF MONROE V CITY OF ROCHESTER, 72 N.Y.2d 338, 533 N.Y.S.2d 702 WITH REGARD TO THE INSTALLATION OF A BILLBOARD ON TOWN PROPERTY KNOWN AS THE GUTCHESS LUMBER SPORTS COMPLEX LOCATED AT 3111 BYRNE HOLLOW CROSSING Motion by Councilman Guido Seconded by Councilman Testa VOTES: AYE – Williams, Cobb, Guido, Testa NAY – Withey ADOPTED BE IT RESOLVED, the Town Board does hereby authorize proceeding with the Factor Analysis as set forth by the Matter of County of Monroe V City of Rochester, 72 N.Y.2d 338, 533 N.Y.S.2d 702, regarding the installation of a billboard on Town property known as the Gutchess Lumber Sports Complex located at 3111 Byrne Hollow Crossing in the Town of Cortlandville. Attorney DelVecchio: Okay, I'm going to go through the factors in the case. And, I think the best thing to do is to... for me to read the factor, kind of discuss it in general, and then open up the discussion amongst the Board members. The first factor is, to consider the nature and scope of the instrumentality seeking immunity. So here we have the Town seeking to put a billboard on the Gutchess Park to advertise local businesses, to basically advertise the scheduling of games, to provide the public with weather warnings, Amber Alerts, stuff like that. And, basically your job here is just to consider the nature and scope of doing that. FEBRUARY 17, 2021 TOWN BOARD MEETING PAGE 7 Supervisor Williams: And an affirmative vote, John, will mean what? Attorney DelVecchio: An affirmative vote will just essentially mean that you can... sort of considering the nature and the scope of what you're attempting to do here. Mainly, the proposed use that's being proposed. So, again, there's really not a lot to discuss on this one I'd say. But, you know, this you have to keep in mind, and I'm not speaking for the Board here, but what you're doing here is you're considering a billboard, a very small billboard, in relative nature to a hundred- acre Recreational Park. You're not considering putting a steel mill in a residential neighborhood here. So, I think that comments here about, sort of, the relative nature of what the proposed use is here and the overall picture. Is it significant or is it not significant? Supervisor Williams: Alright. For argument… not for argument's sake but for I guess ease of our operation here. There is a parent motion, seconded, and voted on. I think it would be... it would not interfere with anybody's civil rights, or political rights, or any other rights, if we assume that that motion, just for a working hypothesis, that that motion indicates that all of the nine are answered in the affirmative. That would then allow for discussion of each of them as we go along. And, a vote on each of them as we go along, without having to go through a rather cumbersome process of getting a motion and a second and all that for each of the nine. Attorney DelVecchio: I think that that's just fine. Supervisor Williams: Alright, so why don't you, John, why don’t you state the question. Attorney DelVecchio: Yep. Supervisor Williams: And, we will have discussion and call for a vote. Attorney DelVecchio: Okay so this is... this... the first one's kind of not a yes or no, but it's just it's the nature and scope of the instrumentality seeking immunity. The way I read that is, are we talk... again, are we talking about some use that is completely not in line with the overall zoning of the property in general. Does anybody here feel like a billboard on that Park is completely out of character, as far as the Zoning for that property? Councilman Withey: Doug, I feel that it is out of character. We have to recognize that it is because it’s the first one to go there. There’s no denying that. Okay? Councilman Testa: I disagree with you. 100%. Councilman Withey: So, is… Councilman Testa: This whole billboard that we’re talking about. Councilman Withey: Right. But we’re talking about… Councilman Testa: … mountain out of this… Councilman Withey: ...consistency. And this is the first one. It’s inconsistent to our current zoning laws. Supervisor Williams: Alright, anybody else? Hearing no one else, I’ll call to question, those in favor of allowing the billboard under this one test only. Tom, aye. Councilman Testa: Ted, aye. Councilman Guido: Jeff, aye. Councilman Cobb: Jay, aye. Supervisor Williams: I have four affirmative votes and one negative vote. Attorney DelVecchio: Okay, the second factor. I’m going to try to move this along. The second factor is, the encroaching government’s legislative grant of authority. The Town is... this is on Town property. This is not a situation where, say the Town is attempting to use a property in the City that is not in line with the City Zoning. So, this is the Town's property, and the Town has the legislative grant of authority. So, in your consideration of the overall picture it just depends on FEBRUARY 17, 2021 TOWN BOARD MEETING PAGE 8 how you feel about the Town Board itself having the legislative grant of authority, whether or not that's important to you in the overall picture here with the billboard. Supervisor Williams: I would suggest that there probably is no conflict here if you'll go back to the original Court case. I think the citation was County of Monroe vs City of Rochester. Attorney DelVecchio: That’s correct. Supervisor Williams: They’re two separate municipalities struggling over something. This is not the case. Councilman Withey: Question for John. So when it goes to the Appellate Court, to me, it’s an appeal. So it's an action against an action that has been taken. Correct? Attorney DelVecchio: Well, what happened in that case. Councilman Withey: I’m not talking about that case. Attorney DelVecchio: Oh. Councilman Withey: Any case. What I’m saying is, it goes to the Court of Appeals, someone is appealing the resolution or the movement of a Board or whatever to move ahead with a project. And, someone didn't like it, so went to the Court of Appeals. To me, that sounds like it's something that went after the process that is in place for ZBA, Board approvals, Planning Board approvals, and so on. And, we're not seeing that process. Okay? So I just want to make that clear. That's part of why I'm opposed to this. I'm all for process. Someone, long before us, someone's have established the process. And, it’s clearly defined by the Zoning Board of Appeals, Planning Board, Town Board rules, and so on. And, this is where I'm saying we're circumventing that. It should do the process. So, we are not encroaching on the City of Cortland or something of an instance like that. So, I don't have an issue with this per se, other than the process is not being followed. Supervisor Williams: Any other comments. Councilman Withey: I'm not necessarily opposed to the sign. I thought I made that clear three months ago. I’m opposed to us not following process. Councilman Guido: This is… Doug... from my view though this is the same process that's been followed for the entire Park so far. Councilman Withey: But there wasn't any process done there either. Councilman Guido: I don't see any difference… but you voted in favor, I believe, of all the things that have happened already at Gutchess Park. Councilman Withey: No, the Park was started before I was on the Board. Councilman Guido: Did you… oh, okay... but I don't see this as being any different. Were any of the buildings, you know, put up prior to this… Councilman Withey: I wouldn’t say I was in favor of it… once this has been established, and you got a hundred and some acres out there. And, you got ball fields in there, and plans are all laid out, electrics coming in, and all that kind of stuff there. One would assume that that had been approached and I didn't know about it until three maybe four months ago when John said, “we haven't done this in the past.” Well, why haven't we? We should. The Town is not above our own laws. We should not be. Councilman Guido: But, I don't see this as being any different than what's already been established there. Councilman Withey: Well, that's the thing. We can call it established because it wasn't brought up. I’m the first one to bring it up. Due process wasn’t done, plain and simply. So, to go along with this makes me complicit to what was done in the past that I didn't have any control over. Okay? So the whole Park and all that I didn’t have anything to do with that. Change orders I’ve had control over. FEBRUARY 17, 2021 TOWN BOARD MEETING PAGE 9 Supervisor Williams: Doug had… you voted… I went through the resolutions. You voted for a 2.8-million-dollar contract with the prime contractor. You voted for it. You… several of the motions you made to spend this money and that money. Councilman Withey: The contracts were already out. That was before me. when they call him and say here's our little bit or whatever yeah, I'll take action then, assuming that the process had been followed. Okay? So, this process… Supervisor Williams: Whatever… I guess history is history and whatever happened back in the day in 2018 is now historical footnote and we'll move on. Let's get back to this test number two. Does anybody see... does anybody have more comment, or should we just call the question does anybody see where there are two Municipalities struggling over something? Councilman Withey: No. Councilman Cobb: No. Councilman Guido: No. Supervisor Williams: So, the answer to this is... John is this just a negative vote or a positive vote? Attorney DelVecchio: This is a… well, it's really neither one it's, you know, if it’s not there, then, you know, I think the factor is favorable, as far as the immunization, waiving the rule. Supervisor Williams: Okay, so this is a vote if we waive the rule we move forward. And, if there's no Municipal conflict I'm going to vote yes. Tom, aye. Councilman Testa: Ted, aye. Councilman Withey: Doug, aye. On that, number two. Councilman Cobb: Jay, aye. Councilman Guido: Jeff, aye. Attorney DelVecchio: Number three, the kind of function or land use involved. This is pretty self- explanatory. Again, if you see any eye-opening issues with the billboard as it pertains to the property use itself. Again, I'm not speaking for the Board, but we're not putting a windmill in the middle of a residential neighborhood here. Councilman Testa: Do you need a motion? Attorney DelVecchio: I need a vote on that issue or any comments before that vote. Councilman Withey: I have nothing further to add. Doug. Supervisor Williams: Alright, if there are no further comments, I call to question. Those in favor of proceeding... it’s all positive votes from here, John? Attorney DelVecchio: Yes, it’s whether or not the factor is favorable when it comes to waiving the zoning regulation. Supervisor Williams: Okay. Tom, aye. Councilman Testa: Ted, aye. Councilman Withey: Doug, aye. Councilman Cobb: Jay, aye. Councilman Guido: Jeff, aye. Attorney DelVecchio: Number four, the effect local land use regulation would have upon the enterprise concerned. Does anybody feel that the billboard would hurt the Park? FEBRUARY 17, 2021 TOWN BOARD MEETING PAGE 10 Councilman Withey: Park being the enterprise of concern? Attorney DelVecchio: Yup. Councilman Withey: Not the Town, the Park? Attorney DelVecchio: That’s right. Councilman Withey: Hearing no comments, I’ll call the question. Tom, aye. Councilman Testa: Ted, aye. Councilman Withey: Doug, aye. Councilman Cobb: Jay, aye. Councilman Guido: Jeff, aye. Attorney DelVecchio: Number five, alternative locations for the facility in less restrictive zoning areas. This one… applying this to the current situation, technically speaking there are no places in the Town that allows for a sign like this, technical ly. So there are no alternative locations, so that is favorable for waiving the rule. Councilman Withey: And I disagree with that only because it shouldn't be there anyways. According to our rules and regulations. Okay? So that would come out... would have come out of that process, but no. The answer is no. It doesn't have a great impact there because it shouldn't be there, period. It's not allowed any place else but there due to the Town's blessing. Supervisor Williams: Any other comments? Hearing that I'll call the question. Tom, aye. Councilman Testa: Ted, aye. Councilman Withey: Doug, aye. Councilman Cobb: Jay, aye. Councilman Guido: Jeff, aye. Attorney DelVecchio: Number six, the impact upon legitimate local interests. Does anybody feel that there wouldn't be any legitimate local interests if that billboard goes there? You think there will be any negative impacts on that, you know, on the effect of that billboard and what it's going to be used for? Councilman Withey: I would see... I would think there would be some negative impacts from our constituents. Our Town Board, me included, are not following due process. Other than that, as far as other people coming in to build a windmill or anything of that nature or smaller no, I don't think it’s going to have an impact there at all. Supervisor Williams: Hearing no other comment, I called the question. Tom, aye. Councilman Testa: Ted, aye. Councilman Guido: Jeff, aye. Councilman Cobb: Jay, aye. Councilman Withey: Doug, no. Supervisor Williams: Alright, move forward. Attorney DelVecchio: The next one is, alternative methods of providing the proposed improvements. I can't really think of any other way to provide, and again, I'm not speaking for the Board here, but just trying to make you understand what the Court is trying to get at. Are there any alternative methods of providing the proposed improvement? I can't really think of a way to advertise the Park, or advertise local businesses, or do what the company is seeking to do other than with this billboard. FEBRUARY 17, 2021 TOWN BOARD MEETING PAGE 11 Councilman Withey: I concur. There isn't a better alternative, or another better, or lesser return for what they’re trying to do there so… Supervisor Williams: Any other comments? Hearing none, I call the question. Tom, aye. Councilman Testa: Ted, aye. Councilman Withey: Doug, aye. Councilman Cobb: Jay, aye. Councilman Guido: Jeff, aye. Attorney DelVecchio: Number eight, the extent… Supervisor Williams: Excuse me, John. Attorney DelVecchio: Sorry, sorry. Supervisor Williams: Just so everybody knows, we have reached the majority threshold. We now have five affirmative votes. We have two more to go through. I suggest that we continue and go through those so we have a complete record. But, know that the majority threshold has been reached. Go ahead. Attorney DelVecchio: Thanks Tom. Number eight is, the extent of the public interest to be served by the improvements. That speaks for itself. Do you think that the public is going... the public interest is going to be served with all the messaging that's going to take place with that billboard on the Park? Councilman Withey: It will. It’s beneficial. I'm not opposed to the sign, just the process. Supervisor Williams: Hearing no other comments. I called the question. Tom, aye. Councilman Testa: Ted, aye. Councilman Withey: Doug, aye. Councilman Cobb: Jay, aye. Councilman Guido: Jeff, aye. Councilman Testa: Ted, aye. Attorney DelVecchio: Number nine, inter-governmental participation in the project development process and an opportunity to be heard. I think this one mainly has to do with situations involving two municipalities. Where, in essence, people in one municipality would not be heard in another municipality as to whether or not, you know, they're deciding for and against what's being proposed. I am not sure that that's the legislative intent of the Court, but I'm going to leave it up to you to decide what you want to do with that one. Councilman Withey: Doug, from my perspective there's no adverse impact there. Supervisor Williams: Yea, this is directly related, I think, to test number two. When it was talking about Monroe v the City of Rochester. That conflict doesn't exist. So this, I think, becomes a very moot point. Councilman Withey: I agree. Supervisor Williams: Hearing no other comments. I called the question. Tom, aye. Councilman Testa: Ted, aye. Councilman Withey: Doug, aye. Councilman Cobb: Jay, aye. FEBRUARY 17, 2021 TOWN BOARD MEETING PAGE 12 Councilman Guido: Jeff, aye. Attorney DelVecchio: Now, going through that factor analysis I'd like to have somebody consider a motion to approve that sign or billboard on the Park and do so with the full understanding that there... that any Use or Area Variances that may be necessary are therefore not required in this situation. Councilman Guido: I'll make that motion. Councilman Cobb: I’ll second it. Supervisor Williams: Thank you Jeff. Thank you Jay. I don’t think there’s need for any conversation. All those in favor? Tom, aye. Councilman Testa: Ted, aye. Councilman Withey: Doug, no. Councilman Cobb: Jay, aye Councilman Guido: Jeff, aye. Supervisor Williams: Let the record show that it was approved 4-1. Thank you. Attorney DelVecchio: Thank you all very much for your time and your efforts on that. Councilman Withey: Thank you for indulging me. Attorney DelVecchio: You're welcome. That's it for me, Tom. Thank you. RESOLUTION #56 APPROVE INSTALLATION OF A BILLBOARD ON TOWN PROPERTY KNOWN AS THE GUTCHESS LUMBER SPORTS COMPLEX LOCATED AT 3111 BYRNE HOLLOW CROSSING Motion by Councilman Guido Seconded by Councilman Cobb VOTES: AYE – Williams, Cobb, Guido, Testa NAY – Withey ADOPTED WHEREAS, per Town Board Resolution #267 of 2020, adopted October 21, 2020, the Town Board authorized and directed the Supervisor to execute a 10-year lease agreement between the Town of Cortlandville and Park Outdoor Advertising of New York, Inc. for the rental of exclusive space on the premises identified as the Gutchess Lumber Sports Complex located at 3111 Byrne Hollow Crossing in the Town of Cortlandville, 0.13 miles south of Byrne Hollow Crossing on the west side of Route 13 facing north and south, a portion of tax map #105.00-04-02.000, for the purpose of placing an advertising sign structure at the total annual rental of $16,000.00, and it is further WHEREAS, the resolution was adopted Subject to Permissive Referendum as required by law and subject to any and all necessary approvals by the Town, and WHEREAS, the Town Board completed a nine factor analysis to determine whether it is in the public interest to approve the installation of a billboard on Town property without the approval of a Use Variance or Area Variance in respect to governmental immunity from zoning analysis (Matter of County of Monroe v City of Rochester, 72 N.Y.2d 338, 533 N.Y.S.2d 702), and WHEREAS, seven of the nine questions in the factor analysis were answered unanimously in the affirmative (questions 2, 3, 4, 5, 7, 8, and 9), therefore BE IT RESOLVED, the Town Board does hereby approve the installation of a billboard on Town property known as the Gutchess Lumber Sports Complex with the understanding that any Use or Area Variances that may be necessary in accordance with the Town of Cortlandville Zoning Law are not required. FEBRUARY 17, 2021 TOWN BOARD MEETING PAGE 13 Town Board reports: Councilman Cobb reported that he completed his audit of the Town Highway Department and Water & Sewer Department records for the year 2020 and found everything to be in order. Councilman Cobb submitted a letter to the Supervisor, dated February 5, 2021, which was on file with the Town Clerk. Councilman Withey asked the members of the Board to respond to public comments/concerns made during privilege of the floor as well as to email communications sent by the public. After discussion amongst the Board, it was agreed that when a Board member receives an email/correspondence from the public that the recipient would ask the author for permission to forward the email to the rest of the Board for comment. RESOLUTION #57 RESOLUTION TO RESPOND TO PUBLIC COMMENT AND COMMUNICATIONS Motion by Councilman Withey Seconded by Councilman Cobb VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0 ADOPTED BE IT RESOLVED, the Town Board does hereby resolve to respond to public comment made during privilege of the floor and/or correspondence/communications received via email or in writing separately from a Town Board meeting, and be it further RESOLVED, when a member of the Board receives a communication from the public, he/she will first request authorization from the author to forward it to the rest of the Board for comment. Councilman Guido suggested the Board entertain a moratorium on solar projects in the Town. Discussion occurred as follows: Councilman Guido: Yes. I think we're going to have to take a look at the solar projects that are going on. Especially with the Comprehensive Plan coming out that I think it might be a good idea to put a moratorium on these until we can merge the solar law with the Comprehensive Plan. Councilman Withey: I agree with Jeff on that. It is going so fast and furious Mr. Morse-Ackley did a nice presentation and his concerns are legit. And, yeah it's going way faster than what the Boards can keep up with. And, some of that, when you get into the engineering language and stuff there, it is foreign language. You don't really know what they mean by it. So, I know we talked about it about three months ago about a possible moratorium. Maybe we should be entertaining that item again. Supervisor Williams: That's fine. Just a couple notes, footnotes. Two years ago or thereabouts, there was a moratorium in place, in the Town of Cortlandville, to allow for the construction and processing of the existing solar law, which I think went into effect in either late 2018 or early 2019. There was a lot of effort that went into that. It was done. As I said, there was a certain amount of freedom provided with a moratorium. So there was a lot of input, the law was written, and this isn’t something that goes back to the 1940s. This goes back to two years… two and a half years ago. And, it was the brand new law, according to our Attorney. It has been very well received by, actually by other Towns in the State that I reached out to, as Towns do, to pirate it or language in it and I think we should keep that in mind, that we just had a moratorium. So the question is, why don't we have a moratorium now? The answer to that is, we just had one two years ago. Then, I think it's an equally legitimate question, why did you have it two years ago and you want another one now? And, I don't know the answer to that. Councilman Guido: Well, I think… Supervisor Williams: What’s changed? Has solar changed? No. Has the zoning process changed? No. Has the review process changed? No. So, what would be... what would be the benefit of, I'm just playing sort of devil’s advocate here, what would be the process of having a moratorium? What would be the positive piece of the moratorium? FEBRUARY 17, 2021 TOWN BOARD MEETING PAGE 14 Councilman Guido: I think it would be to mesh it with the Comprehensive Plan, as far as protecting neighborhoods and... You know, I do realize that we did just have the moratorium here a couple years ago and I'm not trying to denigrate the work that the folks who came up with the new law and all that... I just feel that, I mean, they're popping up everywhere here. And, you know, I think maybe we need to hit the brakes. So, that... those are my thoughts. Councilman Withey: Over the past two and a half years our boards and our constituents in our Town... they are, they are seeing these pop up all over the place. And, we… at least from my perspective and people I’ve talked to... never imagined seeing the growth in this technology and so on. And, again, I want to make it very clear. I’m not opposed to, you know, solar, just kind of the stuff you do to reduce our carbon footprint, but I am opposed to people’s rights, long-time taxpayers and stuff that are in some cases, being overlooked. And, as was stated earlier in the meeting today, there are some places where these aren’t appealing, they just don’t fit well. And so, we learned that, we're hearing it. And, I think we need to address that again and so the moratorium gives us that ability to assess where we came from, where we're at today, and where is it headed, and we don't have that right now. When you venture into something that is unknown there are going to be some unknowns in front of you. And, you’re going to have to make some lateral moves, changes, whatever. I think we're at that point. We need to do that. Supervisor Williams: Alright. We have a motion, an unseconded motion, made by Jeff. Jeff would you propose, in your motion, to have the Attorney look at, at least, the language of a draft moratorium to bring back to the Board at a subsequent meeting? Councilman Guido: Sure. Supervisor Williams: Would someone wish to second that? Councilman Withey: Doug. Second. Supervisor Williams: Thank you. Attorney DelVecchio: And, before you vote. I’m sorry Tom. Before you vote, this discussion is fine, I think that, again, I’m not speaking for the Board here. I think Tom made some good points, I think Jeff made some good points, I think Doug made some good points. But, if you consider a moratorium, what you should think about, in between the weeds, if you will, is there are a number of projects that are still pending and that have not totally gone through. And, if you're going to impose a moratorium, fine. But you need to also decide whether or not that moratorium is going to apply to the pending projects. Just kind of food for thought on that. And, all in all, my view on this is, to me, it's not surprising to see all these solar projects. The amount of money that our government in Albany and our Governor has put out there, our money, it's not surprising at all to me, it never was. New York State has… well at least some of our government New York State has plans for the State to go… I think it was 80% green by 2029. And, it's totally not surprising to me that these projects are popping up. They’re popping up everywhere, not just Cortlandville. Councilman Withey: I don't think the projects themselves or the program of going solar is what we're questioning. It’s locations and so on. And, as Jeff said, tying together the Comprehensive Plan. We got one out there on McLean Road. It does not fit today's Comprehensive Plan, it won't fit the new one that we’re looking at, and there it sets. And, you know, hanging out there. And that was when I spoke against the two years ago. This should not move forward. It doesn't fit with our Comprehensive Plan, yet the Board pushed it ahead. Attorney DelVecchio: Woah, woah, woah. The Board never pushed anything ahead, on that project. I don't want that going into the public record. Councilman Withey: We moved it ahead for an Aquifer Permit. Attorney DelVecchio: No, no. The McLean 1 project is currently before our Planning Board. And, the issue of SEQR has still not been decided. A positive declaration finding has occurred. And, the applicant has chosen to attempt to overturn that positive declaration finding with the preparation of an Environmental Impact Statement. If… Councilman Withey: So, I might… Attorney DelVecchio: Hang on a second. So, ultimately the Planning Board has to be convinced that their positive declaration finding was inappropriate or has been dealt with. And, if that doesn't happen the project will die. If the Planning Board essentially overturns itself, it's own positive FEBRUARY 17, 2021 TOWN BOARD MEETING PAGE 15 declaration, then that matter has to go before the Zoning Board of Appeals for a Use Variance, which, typically is an uphill battle in and of itself. But to say that this Board or any other Board has pushed that project forward is a misstatement. Councilman Withey: Okay. So, I recalled voting against it when we're in Blodgett Mills. Now, maybe it was just to move it on to the Planning Board? Attorney DelVecchio: What came before you, several times, was the applicant's attempt to change the zoning, do a zone change, which was ultimately denied by this Board. Councilman Withey: Okay. Attorney DelVecchio: There was also an attempt at an Overlay District, which was looked at and also denied. So, that's why the last resort, by that particular applicant, is the seeking of a Use Variance. But, before even they get there. The ZBA coined the Planning Board to be the Lead Agency on SEQR, and it's still in that stage. Councilman Withey: I appreciate your clarification. Attorney DelVecchio: You’re welcome. Councilman Withey: Cause there’s some of this, you know, I’ve been on Board for three solid years, you lose sight of where things have been. So, I appreciate the clarification. But these are cues that the public is concerned. I do get emails, I do get phone calls on this, and so on there. So, we need to… I agree with Jeff. We need to entertain you looking into the moratorium and a list of those projects that this would affect. That have come before whatever agencies to be looked at. But, yeah… I think it's time to put the brakes on. I'm not saying stop, but certainly slow it down so that it can digest this stuff. So are we still looking for a second? Or, did we get a first and a second? Supervisor Williams: I’ll handle that Doug. Councilman Withey: I’m sorry, I’m just… Supervisor Williams: We have a motion from Jeff. And, we need a second for that motion to consider to move this to the Attorney to do two things: one, to look at a moratorium and two, as part of that whether or not that moratorium embraces projects that are already on track. Someone wish to second Jeff’s motion? Councilman Withey: Doug, second. Supervisor Williams: Thank you. Any other conversation? Hearing none, I call the question, those in favor? Tom, no. Councilman Withey: Doug, aye. Councilman Testa: Ted, aye. Councilman Guido: Jeff, aye. Councilman Cobb: Jay, aye. Supervisor Williams: … Do we have something recorded for everybody? Who did you not hear? Did you not hear anybody? Town Clerk Rocco-Petrella: I have you as a nay. Doug, aye. Jeff, aye. And Jay, aye. Did I get anything from Ted? Councilman Withey: Yea. Town Clerk Rocco-Petrella: Did Ted say aye? Councilman Cobb: I think he did, but… Councilman Withey: He did. FEBRUARY 17, 2021 TOWN BOARD MEETING PAGE 16 Councilman Testa: Yes, I said aye. Town Clerk Rocco-Petrella: Okay. So that’s… everybody voted then. Supervisor Williams: Okay, good. I didn’t hear Teddy. Anything else from the Board members? Councilman Withey: I’m done. Supervisor Williams: Thank you. Jeff, you were the latest to speak, are you set? Councilman Guido: Yes, for now. Yup. RESOLUTION #58 AUTHORIZE TOWN ATTORNEY TO DRAFT A LOCAL LAW FOR A MORATORIUM OF INSTALLATIONS OF SOLAR FACILITIES Motion by Councilman Guido Seconded by Councilman Withey VOTES: AYE –Cobb, Guido, Testa, Withey NAY – Williams ADOPTED BE IT RESOLVED, the Town Board does hereby authorize and direct the Town Attorney to draft a local law for a Moratorium of Installations of Solar Facilities in the Town of Cortlandville and to clarify whether the moratorium will affect pending solar applications. Supervisor Williams reported: Proposed Local Law - Amendments to Solar Energy Law: Supervisor Williams commented that the proposed Local Law to amend the Town Solar Energy Law was referred to the Town and County Planning Board for review and recommendations (Town Board Meeting, January 20, 2021). Once the recommendations are received the Town Board will review them, make any changes, conduct a public hearing, and will then proceed with a vote. Supervisor Williams explained that the Board was waiting for the County’s review to be complete before the Board could proceed. Proposed New Entrance to Town Hall: Supervisor Williams explained that for the last several months the Town has been pursuing the design of the new entrance plan for Town Hall with some heightened security measures built in. The Town’s engineering firm, CHA provided a new plan to Supervisor Williams which he provided to the Board for review. At this time, the proposal was before the Town Justices for their comment. The State Office of Court Administration would also weigh in as would the County Sheriff. Supervisor Williams explained that he would bring the plan back to the Board for discussion at a later date. Creation of New “Clerk” Position: Supervisor Williams explained that in Executive Session the Board talked about the creation of a new “Clerk” position to fill the role of a reception clerk at the Raymond G. Thorpe Municipal Building. He explained the need for the new position and the current procedure for entering the Town Hall, which included pressing an intercom button to speak with staff, be admitted entrance to the building, have your temperature taken, produce identification, and answer questions relating to COVID. The Town hired a part-time clerk in 2020 to fill the position, however the position was vacant at the end of January 2021. Supervisor Williams asked for a motion to create the full-time position and authorize him to fill the position. RESOLUTION #59 CREATE ONE NEW FULL-TIME POSITION FOR THE TOWN OF CORTLANDVILLE TITLED “CLERK” Motion by Councilman Guido Seconded by Councilman Cobb VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0 ADOPTED FEBRUARY 17, 2021 TOWN BOARD MEETING PAGE 17 BE IT RESOLVED, the Town Board does hereby create one new full-time position for the Town of Cortlandville, titled “Clerk” in accordance with Civil Service Law, and it is further RESOLVED, the Town Board further authorizes and directs the Supervisor to proceed with filling said position for the purpose of employing a full-time reception clerk at the Raymond G. Thorpe Municipal Building. Draft Comprehensive Plan: Supervisor Williams reported that work was being done on the Draft Comprehensive Plan and planned for discussion to be had at upcoming Board meetings. RESOLUTION #60 AUTHORIZE SUPERVISOR TO SIGN THE NEW APPLICANT APPROVAL REQUEST OF CHRISTOPHER CUMMINS FOR THE 2019 TOWN-WIDE HOUSING REHABILITATION PROGRAM CDBG #287HR323-19 Motion by Councilman Testa Seconded by Councilman Withey VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0 ADOPTED BE IT RESOLVED, the Town Board does hereby authorize the new applicant approval request of Christopher Cummins for property located at 3801 Luker Road in the Town of Cortlandville, for a 100% deferred loan for the 2019 Community Development Block Grant Town-Wide Housing Rehabilitation Program (#287HR323-19), and it is further RESOLVED, the work to be completed will include roofing, plumbing, windows and doors, flooring and other (detectors), for a total of $32,879.00 RESOLUTION #61 AUTHORIZE SUPERVISOR TO SIGN THE NEW APPLICANT APPROVAL REQUEST OF MICHAEL HOMZA FOR THE 2019 TOWN-WIDE HOUSING REHABILITATION PROGRAM CDBG #287HR323-19 Motion by Councilman Testa Seconded by Councilman Withey VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0 ADOPTED BE IT RESOLVED, the Town Board does hereby authorize the new applicant approval request of Michael Homza for property located at 2086 Weaver Road in the Town of Cortlandville, for a 100% deferred loan for the 2019 Community Development Block Grant Town-Wide Housing Rehabilitation Program (#287HR323-19), and it is further RESOLVED, the work to be completed will include roofing, windows and doors, painting, and other (bee removal), for a total of $36,370.00. RESOLUTION #62 AUTHORIZE SUPERVISOR TO SIGN THE OWNER- OCCUPIED LOAN AGREEMENT BETWEEN THE TOWN AND JOHN H. JORDAN FOR THE TOWN-WIDE HOUSING REHABILITATION GRANT PROGRAM CDBG #287HR323-19 Motion by Councilman Cobb Seconded by Councilman Testa VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0 ADOPTED BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to sign the Owner-Occupied Loan Agreement between the Town of Cortlandville and John H. Jordan, 3462 US Route 11, McGraw, New York, regarding the extension of loan funds by the Town’s CDBG Program (#287HR323-19) for the total amount of $30,350.00. FEBRUARY 17, 2021 TOWN BOARD MEETING PAGE 18 RESOLUTION #63 AUTHORIZE SUPERVISOR TO SIGN THE AFFIDAVIT REGARDING THE TOWN’S 2019 COMMUNITY DEVELOPMENT BLOCK GRANT TOWN-WIDE REHABILITATION PROGRAM BETWEEN THE TOWN AND JOHN H. JORDAN Motion by Councilman Cobb Seconded by Councilman Testa VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0 ADOPTED BE IT RESOLVED, the Town Board does hereby authorize the Supervisor to sign the Affidavit regarding the Town’s 2019 Community Development Town-Wide Housing Rehabilitation Program, between the Town of Cortlandville and John H. Jordan, 3462 US Route 11, McGraw, New York regarding the extension of loan funds by the Town’s CDBG Program #287HR323-19 for the total amount of $30,350.00. RESOLUTION #64 AUTHORIZE SUPERVISOR TO SIGN THE FEDERAL ASSISTANCE EXPENDITURE FORM FOR THE YEAR 2020 FOR THE TOWN’S 2019 TOWN-WIDE HOUSING REHABILITATION PROJECT (CDBG #287HR323-19) Motion by Councilman Withey Seconded by Councilman Testa VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0 ADOPTED BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to sign the Federal Assistance Expenditure Form for the year 2020 for the Town’s 2019 Town-wide Housing Rehabilitation Project (CDBG #281HR323-19). Councilman Withey made a motion, seconded by Councilman Testa, to receive and file correspondence from CHA, dated January 28, 2021, as well as the Town of Cortlandville – Miscellaneous Water and Sewer Improvements Record Drawing and Test Results (printed and electronic sets). All voting aye, the motion was carried. RESOLUTION #65 AUTHORIZE PAYMENT TO CORTLAND COUNTY SOIL & WATER CONSERVATION DISTRICT FOR WORK COMPLETED IN 2020 FOR THE TOWN OF CORTLANDVILLE STORMWATER INSPECTION PROGRAM 2019 Motion by Councilman Testa Seconded by Councilman Withey VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0 ADOPTED BE IT RESOLVED, the Town Board does hereby authorize and direct payment be made to the Cortland County Soil and Water Conservation District in the amount of $6,000.00 for work completed in 2020 for the Town of Cortlandville Stormwater Inspection Program 2019. Councilman Withey made a motion to adopt a resolution “to recognize and support the democratic process of the United States of America” and to “recognize Joseph R. Biden as President of the United States of America and Kamala D. Harris as Vice President of the United States of America.” The motion failed for lack of a second. Discussion occurred amongst the Board regarding Councilman Withey’s proposal. Councilman Withey asked why the Board would not stand behind the proposal. Councilman Guido asked why it was brought up and stated there was no question amongst the Board regarding the presidency and vice presidency. He suggested that the Board did not need to make a political statement. Supervisor Williams commented that he was not sure what the proposed resolution would accomplish and asked what would happen if a request was brought forward to recognize FEBRUARY 17, 2021 TOWN BOARD MEETING PAGE 19 others in the future. He voiced concern regarding the third clause of the proposed resolution which read: “Whereas, the duly elected representatives for the Town of Cortlandville of New York State, have pledged to support the Constitution of the United States of America and the Constitution of New York State and,”. Supervisor Williams stated that he took his oath of office seriously and was offended by having to reaffirm it here. Councilman Withey stated that he did not intend to offend anybody and suggested his intent was misunderstood. Councilman Guido made a motion, seconded by Councilman Withey, to receive and file the following comments regarding the Town of Cortlandville’s Draft Comprehensive Plan: a. Peter Morse-Ackley, dated January 13, 2021; January 15, 2021 and February 7, 2021; b. Planning Board Member, Nick Renzi, dated January 13, 2021; c. Robert Martin, dated January 15, 2021 and January 22, 2021; d. Planning Board Member, Ann Hotchkin, dated January 22, 2021; e. Councilman, Douglas Withey, dated January 22, 2021; f. Pamela Jenkins, dated February 1, 2021 and February 17, 2021. All voting aye, the motion was carried. RESOLUTION #66 AUTHORIZE SUPERVISOR TO SIGN THE PRELIMINARY BUDGET FOR THE NYS CDBG ECONOMIC DEVELOPMENT APPLICATION SUBMITTED BY THE TOWN OF CORTLANDVILLE FOR SEVEN VALLEY SPECIALTY CABLES, LLC Motion by Councilman Testa Seconded by Councilman Withey VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0 ADOPTED BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to sign the Preliminary Budget (Use & Source of Funds) for the NYS Community Development Block Grant (CDBG) application #104562 submitted by the Town of Cortlandville for Seven Valley Specialty Cables, LLC. Councilman Testa made a motion, seconded by Councilman Cobb, to receive and file the Conceptual Layout Plans (Option 1 and Option 2) for the Gracie Road entrance at the Gutchess Lumber Sports Complex as prepared by CHA, dated February 9, 2021. All voting aye, the motion was carried. Councilman Testa made a motion, seconded by Councilman Withey, to receive and file the following correspondence from the Town of Cortlandville to the NYS Department of Environmental Conservation regarding the Cortlandville Sand & Gravel Mine (Route 13 Rocks) NYS DEC Permit #7-1122-0043/00008: a. Correspondence signed by the Town of Cortlandville, Cortland County Legislature, Cortland County Health Department, and Cortland County Soil and Water Conservation District, dated January 29, 2021, to Ms. Elizabeth Tracy, Regional Permit Administrator, Region 7, NYSDEC, in opposition to granting the modified permit to allow deep mining into the aquifer; and b. Correspondence from the Town of Cortlandville, dated February 9, 2021, to Ms. Cynthia Hill, NYS DEC Region 7 Sub-Office, requesting that the 30-day public notice period on the Cortlandville Sand and Gravel permit modification be extended an additional 60 days. All voting aye, the motion was carried. FEBRUARY 17, 2021 TOWN BOARD MEETING PAGE 20 RESOLUTION #67 REFER AQUIFER PROTECTION PERMIT APPLICATION SUBMITTED BY LIME HOLLOW NATURE CENTER FOR PROPERTY LOCATED AT 3277 GRACIE ROAD TO THE TOWN AND COUNTY PLANNING BOARDS FOR REVIEW AND RECOMMENDATIONS Motion by Councilman Withey Seconded by Councilman Cobb VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0 ADOPTED BE IT RESOLVED, the Aquifer Protection Permit application submitted by Lime Hollow Nature Center for property located at 3277 Gracie Road, tax map #105.05-01-12.110, is hereby received and filed and shall be forwarded to the Town and County Planning Boards for review and recommendations. No further comments or discussion were heard. Councilman Testa made a motion, seconded by Councilman Withey, to adjourn the Regular Meeting. All voting aye, the motion was carried. The meeting was adjourned at 7:15 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 March 7, 2021. The final version of this meeting was approved as written at the Town Board meeting of March 17, 2021.