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HomeMy WebLinkAbout2021-07-07 Town Board Minutes JULY 7, 2021 5:00 P.M. PUBLIC HEARING NO. 1 LOCAL LAW OF 2021 A LOCAL LAW TO AMEND THE ZONING CODE TO FURTHER SAFEGUARD THE EXISTING WELLHEAD PROTECTION AREAS WITHIN THE TOWN OF CORTLANDVILLE’S AQUIFER PROTECTION DISTRICT AND OTHER RELATED AMENDMENTS A Public Hearing was held by the Town Board of the Town of Cortlandville at the Municipal Garage located at 3587 Terrace Road, Cortland, New York, concerning a Local Law of 2021, “A Local Law to Amend the Zoning Code to Further Safeguard the Existing Wellhead Protection Areas Within the Town of Cortlandville’s Aquifer Protection District and Other Related Amendments.” 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; Deputy Town Clerk, Abigail Albro; Town Justice, Lenore LeFevre; Town Residents: John Folmer; George Mowry; Stephen Flatt; and News Reporters: Colin Spencer from the Cortland Standard; and Tim Bennett from Cortland Voice. Supervisor Williams called the Public Hearing to order. Town Clerk, Kristin Rocco-Petrella read aloud the published, posted and filed legal notice. Supervisor Williams offered privilege of the floor to those in attendance. No requests were made. No further comments or discussion were heard. The Public Hearing was closed at 5:02 p.m. JULY 7, 2021 5:02 P.M. PUBLIC HEARING NO. 2 LOCAL LAW OF 2021 A LOCAL LAW INCREASING THE TERM OF OFFICE FROM TWO YEARS TO FOUR YEARS FOR THE TOWN SUPERVISOR, TOWN CLERK AND TOWN HIGHWAY SUPERINTENDENT OF THE TOWN OF CORTLANDVILLE A Public Hearing was held by the Town Board of the Town of Cortlandville at the Municipal Garage located at 3587 Terrace Road, Cortland, New York, concerning a Local Law of 2021, “A Local Law Increasing the Term of Office from Two Years to Four Years for the Town Supervisor, Town Clerk and Town Highway Superintendent of the Town of Cortlandville.” 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; Deputy Town Clerk, Abigail Albro; Town Justice, Lenore LeFevre; Town Residents: John Folmer; George Mowry; Stephen Flatt; and News Reporters: Colin Spencer from the Cortland Standard; and Tim Bennett from Cortland Voice. Supervisor Williams called the Public Hearing to order. Town Clerk, Kristin Rocco-Petrella read aloud the published, posted and filed legal notice. Supervisor Williams offered privilege of the floor to those in attendance. No requests were made. No further comments or discussion were heard. The Public Hearing was closed at 5:04 p.m. JULY 7, 2021 5:04 P.M. TOWN BOARD MEETING The Regular Meeting of the Town Board of the Town of Cortlandville was held at the Municipal Garage, 3587 Terrace Road, Cortland, New York with Supervisor Williams presiding. 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; Deputy Town Clerk, Abigail Albro; Town Justice, Lenore LeFevre; Town Residents: John Folmer; George Mowry; Stephen Flatt; and News Reporters: Colin Spencer from the Cortland Standard; and Tim Bennett from Cortland Voice. Supervisor Williams called the Regular Meeting to order. Councilman Guido made a motion, seconded by Councilman Cobb, to approve the Draft Town Board Minutes of June 2, 2021 and June 16, 2021. All voting aye, the motion was carried. RESOLUTION #186 AUTHORIZE PAYMENT OF VOUCHERS – JULY 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 #791-882 HG, SF, SS, SW General Fund A $ 74,771.18 General Fund B $ 7,441.76 Highway Fund DA $ 0.00 Highway Fund DB $ 235,924.56 Gutchess Lumber SC Project HG $ 9,446.70 C’Ville Fire District SF $ 0.00 Sewer Fund SS $ 3,358.10 Water Fund SW $ 13,791.64 Funds CD1, CD3, CD4 Voucher #30-33 BMills Rehab CD1 $ 0.00 Town Wide Rehab CD3 $ 18,250.00 Business Devl CD4 $ 0.00 Funds TA, TE Voucher #21-21 Trust & Agency TA $ 48,892.50 Expendable Trust TE $ 0.00 Supervisor Williams offered privilege of the floor to those in attendance. No requests were made. Councilman Guido made a motion, seconded by Councilman Testa, to receive and file the following monthly reports: 1) Code Enforcement Officer, Kevin McMahon – June 2021; 2) Water/Sewer Department – June 2021; 3) Town Clerk – June 2021; and 4) Cortland Community SPCA – June 2021; All voting aye, the motion was carried. JULY 7, 2021 TOWN BOARD MEETING PAGE 2 RESOLUTION #187 ACCEPT 2021 TAX COLLECTOR’S SUMMARY Motion by Councilman Withey Seconded by Councilman Testa VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0 ADOPTED BE IT RESOLVED, the 2021 Tax Collector’s Summary as submitted by Town Clerk/Collector Kristin E. Rocco-Petrella for the period of January 1, 2021 through July 1, 2021, is hereby accepted and shall be received and filed. Under old business, the Town Board discussed the proposed Local Law to “Amend the Zoning Code to Further Safeguard the Existing Wellhead Protection Areas Within the Town of Cortlandville’s Aquifer Protection District and Other Related Amendments.” Attorney DelVecchio explained that the law would prohibit certain activities in the wellhead protection areas, including any and all mining. The Board had a proposed local law for a moratorium of certain activities in the wellhead protection areas before them as well, however the proposed local law to amend the zoning code would “put those changes in effect” and there would be no need for a moratorium. Councilman Guido made a motion to approve the proposed local law. Town Clerk Rocco- Petrella reminded the Board that the proposed local law was referred to the Town and County Planning Boards for review and recommendations. The County Planning Board has not met or issued its recommendations. Attorney DelVecchio suggested the Board delay action on the local law until receiving the recommendations. Councilman Guido withdrew his motion. The proposed local law would likely be brought up for consideration at the first meeting in August, after the County Planning Board meets. There was discussion regarding the proposed Local Law of 2021 to increase the term of office from two years to four years for the elected Town Supervisor, Town Clerk and Highway Superintendent. Supervisor Williams explained the background of the local law as discussed at prior meetings. Attorney DelVecchio added that to make the terms effective in 2022, the Board must adopt a local law that would be subject to mandatory referendum at the November 2, 2021 General Election. If a majority of the electors approve, the positions would have four-year terms. The questions would be on the ballot separately so voters would have an opportunity to vote for or against the increase in terms of office for each elected position separately. Councilman Cobb made a motion to adopt the local law, which was seconded by Councilman Withey. Councilman Withey stated that he researched the topic among cities and towns of comparable size in Central New York and found that most have four-year terms. However, he asked that the Board add term limits to the local law, stating it would be negligent not to include term limits. Supervisor Williams explained that if the Board votes on adopting the local law it would start the process to get the questions on the ballot, which was time sensitive. The method to accomplish term limits does not require a mandatory referendum but can be accomplished by Board resolution. Supervisor Williams stated there should be conversation about term limits, however such conversation could be had later. He asked Councilman Withey to provide the Board with information for future discussion. RESOLUTION #188 ADOPT LOCAL LAW OF 2021, “A LOCAL LAW INCREASING THE TERM OF OFFICE FROM TWO YEARS TO FOUR YEARS FOR THE TOWN SUPERVISOR, TOWN CLERK AND TOWN HIGHWAY SUPERINTENDENT OF THE TOWN OF CORTLANDVILLE”, SUBJECT TO MANDATORY REFERENDUM Motion by Councilman Cobb Seconded by Councilman Guido VOTES: Supervisor Williams Aye Councilman Cobb Aye Councilman Guido Aye Councilman Testa Aye Councilman Withey Aye ADOPTED JULY 7, 2021 TOWN BOARD MEETING PAGE 3 WHEREAS, a resolution was duly adopted by the Town Board of the Town of Cortlandville for a public hearing to be held by said Board to hear all interested parties on a proposed Local Law of 2021, “A Local Law Increasing the Term of Office from Two Years to Four Years for the Town Supervisor, Town Clerk, and Town Highway Superintendent of the Town of Cortlandville”, and WHEREAS, notice of said public hearing was duly published in the Cortland Standard, the official newspaper of the said Town, and posted at the Raymond G. Thorpe Municipal Building, 3577 Terrace Road, Cortland, New York, as required by law, and WHEREAS, said public hearing was duly held and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed Local Law, or any part thereof, and WHEREAS, the Town Board of the Town of Cortlandville, after due deliberation, finds it in the best interest of the Town to adopt said Local Law, NOW, THEREFORE, the Town Board of the Town of Cortlandville hereby adopts said Local Law as a Local Law of 2021, “A Local Law Increasing the Term of Office from Two Years to Four Years for the Town Supervisor, Town Clerk, and Town Highway Superintendent of the Town of Cortlandville”, a copy of which is attached hereto and made a part hereof, subject to Mandatory Referendum at the November 2, 2021 General Election, and filing of said Local Law with the Secretary of State after approval of a majority of the electors voting thereon. Be it enacted by the Town Board of the Town of Cortlandville as follows: Section 1: Statutory Authority: This local law is adopted pursuant to the provisions of the Municipal Home Rule Law of the State of New York. Section 2: Term for Town Supervisor: The term of office of the elective Town Supervisor of the Town of Cortlandville shall be four (4) years. Such four-year term shall commence on the first day of January following the first biennial town election after the effective date of this chapter. Section 3: Term for Town Clerk: The term of office of the elective Town Clerk of the Town of Cortlandville shall be four (4) years. Such four-year term shall commence on the first day of January following the first biennial town election after the effective date of this chapter. Section 4: Term for Town Highway Superintendent: The term of office of the elective Town Highway Superintendent of the Town of Cortlandville shall be four (4) years. Such four-year term shall commence on the first day of January following the first biennial town election after the effective date of this chapter. Section 5: Election At the biennial town election next following the effective date of this chapter, and every four (4) years thereafter, the Town Supervisor, Town Clerk and Town Highway Superintendent shall be elected for a term of four (4) years. Section 6: Supersession of Statutory Provisions: This Local Law shall supersede, in its application to the Town of Cortlandville, §24 of the Town Law, with respect to the term of office of the elective Town Supervisor, Town Clerk and Town Highway Superintendent. Section 7: Approval at referendum: Propositions authorizing this Local Law extending the terms of office of the elective Town Supervisor, Town Clerk and Town Highway Superintendent to a four (4) year term were approved by the electors of the Town of Cortlandville at a biennial town election held on November 2, 2021, JULY 7, 2021 TOWN BOARD MEETING PAGE 4 not less than sixty (60) days after the adoption of resolutions by the Town Board of the Town of Cortlandville authorizing this Local Law. Section 8: Severability: If any part or provision of this Local Law or the application thereof to any person or circumstance be adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part or provision or application directly involved in the controversy in which such judgment shall have been rendered and shall not affect or impair the validity of the remainder of this Local Law or the application thereof to other persons or circumstances, and the Town Board of the Town of Cortlandville hereby declares that it would have passed this Local Law or the remainder thereof had such invalid application or invalid provision been apparent. Section 9: Repeal: All ordinances, local laws, and parts thereof inconsistent with this Local Law are hereby repealed. Section 10: When effective: This Local Law shall take effect immediately upon filing with the Secretary of State. Under new business, Town Clerk Rocco-Petrella reported that after careful review with Supervisor Williams and the Town’s insurance agent, Bailey Place, and after making applications and receiving a quote from another carrier, it was determined that it would be in the best interest of the Town to move forward with renewing the Town’s insurance with Selective Insurance. The Town should request quotes in two to three years as the market is always changing. Also, regarding to the Town’s cyber security insurance renewal, the Town secured a one-month renewal with Traveler’s Insurance. Town Clerk Rocco-Petrella was hopeful to secure a renewal for the entire 2021-2022 year with Traveler’s as their coverage is superior in comparison to others. Supervisor Williams explained that coverage would depend on the timing of the Town’s upgrades to the information technology infrastructure including multi-factor authentication. Town Clerk Rocco-Petrella announced that the 2nd Quarter Water/Sewer bills were mailed on June 30th. Included on the bill was a notice to customers advising that if you have been financially impacted by Covid-19 to please contact the Town by July 31, 2021 to discuss a payment deferral. Penalties will be applied after August 1st. Notice was also published in the Cortland Standard. She also gave a friendly reminder that in 2020 the Town Board adopted a policy regarding swimming pools in which the sewer charges shall not be forgiven for pool fills. She thanked the customers for their understanding. Attorney DelVecchio Reported: Cannabis Legislation - Opting-In or Opting-Out: Attorney DelVecchio recalled there was a brief discussion at the last Town Board meeting regarding new legislation involving cannabis and the Town’s ability to opt out of allowing retail dispensaries and on-site consumption sites. If the Town’s intent were to prohibit retail dispensaries and on-site consumption sites it must “opt-out” by December 31, 2021 by adopting a local law. If the Town does not opt out, it automatically opts in. However, the Town has the option to opt out and can later opt in. Attorney DelVecchio presented the Board with a sample local law to review at their last meeting. He suggested the Board move forward with discussion and considerations for opting out or in, noting that if the process does not start soon, they may not have an opportunity to opt out. The Board agreed to move the proposed local law forward for consideration. RESOLUTION #189 ACKNOWLEDGE RECEIPT OF A PROPOSED LOCAL LAW OF 2021 – A LOCAL LAW OPTING OUT OF ADULT USE CANNABIS RETAIL DISPENSARIES AND ON-SITE CONSUMPTION SITES AND SCHEDULE A PUBLIC HEARING FOR JULY 21, 2021 AT 5:00 P.M. Motion by Councilman Cobb Seconded by Councilman Guido VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0 ADOPTED JULY 7, 2021 TOWN BOARD MEETING PAGE 5 BE IT RESOLVED, the Town Board does hereby acknowledge receipt of a proposed Local Law of 2021, “A Local Law Opting Out of Adult Use Cannabis Retail Dispensaries and On-Site Consumption Sites”, and it is further RESOLVED, a Public Hearing is hereby scheduled for July 21, 2021 at 5:00 p.m. to be held at the Town of Cortlandville Municipal Garage, 3587 Terrace Road, Cortland, New York concerning the proposed Local Law. Application Submitted by Regan Development: Attorney DelVecchio reported that the Town was in receipt of applications from Regan Development for a mixed use commercial and multi-family project in the Town, for property located off Route 13 (across from Wal-Mart). Prior to the Board reviewing the Aquifer Protection Permit application, an Area Variance must be considered by the Zoning Board of Appeals, which requires SEQR to occur. Before a SEQR analysis can be accomplished the lead agency must be decided. Attorney DelVecchio recalled that at the last Town Board meeting, he discussed the process with the Board. Customarily, the Town Board acts as lead agency when other boards are involved as well. However, in this case the Town Planning Board requested to be lead agency on the project. Due to the size and complexity of the project, he recommended the Town Board consent to the Planning Board acting as the lead agency. He added that the backgrounds (expertise) of the Planning Board members was of value. Councilman Guido voiced his approval for the Planning Board to be lead agency. RESOLUTION #190 CONSENT TO THE TOWN PLANNING BOARD ACTING AS LEAD AGENCY FOR SEQRA PURPOSES CONCERNING THE APPLICATIONS SUBMITTED BY REGAN DEVELOPMENT FOR PROPERTY LOCATED OFF OF ROUTE 13 Motion by Councilman Testa Seconded by Councilman Cobb VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0 ADOPTED BE IT RESOLVED, the Town Board does hereby consent to the Town Planning Board acting as Lead Agency for SEQRA purposes concerning applications submitted by Regan Development for a proposed mixed use commercial and multi-family project, for property owned by CB Cortlandville LLC, located off Route 13 in the Town of Cortlandville, tax map #95.00-10-11.100. Siemen’s Industry, Inc. – LED Streetlight Project: Attorney DelVecchio informed the Board that since Siemen’s is financing the transaction for the Town’s LED Streetlight Project, they requested the current Town Supervisor execute the contracts. He explained that former Town Supervisor, Richard Tupper previously executed the agreements. The total cost of the project is $1,374,790 with two options for financing; a 15-year option (interest rate: 2.6369%) or 20-year option (interest rate: 2.7209%) RESOLUTION #191 AUTHORIZE SUPERVISOR TO SIGN ANY AND ALL DOCUMENTS TO FACILITATE THE CONTRACT FOR STREET LIGHTING INVOLVING NATIONAL GRID AND SIEMENS INDUSTRY, INC. AND ANY AND ALL DOCUMENTS TO FINALIZE THE FINANCING TO FUND THE CONTRACT Motion by Councilman Withey Seconded by Councilman Guido 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 any and all documents to facilitate the contract for street lighting involving National Grid and Siemens Industry, Inc. (“Siemens”), and it is further RESOLVED, the Supervisor is authorized to sign any and all documents to finalize the financing with Siemens to fund the contract. JULY 7, 2021 TOWN BOARD MEETING PAGE 6 Gutchess Lumber Sports Complex – Site Grading Plan: There was discussion regarding Phase 2 of the Gutchess Lumber Sports Complex. Attorney DelVecchio referred to the communication from CHA dated June 2, 2021 and suggested it was prudent to discuss. He explained that the first task involved getting a survey and the grading and topographical site work. CHA’s cost was $12,750 to initiate the work. He requested the Board authorize CHA to move forward with that work. Councilman Guido made a motion, seconded by Councilman Testa to authorize CHA to proceed with the work. Councilman Withey indicated that he “will be okay with this next step” and understood that a survey will be done. He stated, “(I) don’t want to move ahead with Phase 2 if we do not have a cost benefit analysis.” Supervisor Williams indicated that at this time the Board was only authorizing the expenditure of $12,750 to CHA. He also noted that the survey work was already completed by Denkenberger & Greene Land Surveying. RESOLUTION #192 AUTHORIZE CHA TO PROCEED WITH THE SITE GRADING PLAN FOR THE GUTCHESS LUMBER SPORTS COMPLEX FOR THE TOTAL COST OF $12,750.00 Motion by Councilman Guido Seconded by Councilman Testa VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0 ADOPTED BE IT RESOLVED, the Town Board does hereby authorize the expenditure of $12,750.00 to CHA to proceed with the Site Grading Plan for the Gutchess Lumber Sports Complex pursuant to the June 2, 2021 proposal from CHA for the Gutchess Lumber Sports Complex Phase 2. Town Board reports: Councilman Withey recalled previous discussion had by the Board regarding the shared tub-grinder with the City of Cortland, Village of Homer, and Town of Cortlandville. He explained that there was no useful way to fix the machine. The cost of a new machine was $705,000 to be split amongst the residents. Without new equipment, he was not sure what would happen to tree and limb waste that is taken in by the municipalities. Councilman Withey asked for permission to work with the other municipalities involved to come up with a plan, to which the Board agreed. Councilman Testa asked whether the equipment could be repaired. Councilman Withey reiterated that the equipment cannot be repaired and explained that the Town spent $15,000 in 2020 for the Town’s share of repairs. Supervisor Williams asked if there was talk about bringing other partners in and suggested that perhaps the Town of Virgil be contacted as well as other municipalities to help decrease the cost. Councilman Guido asked Councilman Withey if he knew what the City did years ago prior to the purchase of the tub grinder. Councilman Withey was not aware but would investigate the question. On another note, Councilman Withey reported that he was invited to attend a meeting with two other parties that are working on a “syringe exchange” relating to drug use. The Village of Homer may be looking into the program, while the City of Ithaca has had a program in place for years. Councilman Withey suggested the Board invite his contacts to attend a future meeting to provide information on the program, to which they agreed. Supervisor Williams reported: Supervisor Williams apprised the Board that he received a request from the “Old Timers Band” (the “Band”) to utilize the Town Hall parking lot for band practice. Concerns regarding COVID-19 prompted the request. Instead, Supervisor Williams suggested the Band could utilize the Municipal Garage and requested permission from Water & Sewer Sup’t. Alteri, who agreed to its use. The Band was appreciative of the offer and asked what the Town would charge. Supervisor Williams suggested the Band perform a “town-wide concert” in the future at a date and location to be determined. JULY 7, 2021 TOWN BOARD MEETING PAGE 7 RESOLUTION #193 AUTHORIZE USE OF THE MUNICIPAL GARAGE BY THE OLD TIMERS BAND FOR BAND PRACTICE Motion by Councilman Guido Seconded by Councilman Withey VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0 ADOPTED BE IT RESOLVED, the Town Board does hereby authorize the use of the Municipal Garage located at 3587 Terrace Road, Cortland, New York by the Old Timers Band for band practice for the year 2021. Location of Board Meetings: Supervisor Williams informed the Board that he asked Water & Sewer Sup’t. Alteri to request a quote from Beard Electric to facilitate moving the television, audio, and video equipment from the Municipal Garage to the court room/meeting room inside the Town Hall. He explained that other than the labor costs, the only additional costs would be for the purchase of wireless microphones as discussed in the past by the Board. He anticipated receiving a quote by the next meeting. Supervisor Williams asked the Board if they would prefer to meet in the Town Hall or remain in the Municipal Garage. The Planning Board and ZBA would be resuming its meetings in the Town Hall. Councilman Guido asked if the Board would have to move back to the Town Hall if the other boards did. Councilman Testa was okay with continuing to meet in the Municipal Garage but would prefer to meet in the Town Hall in the winter. Supervisor Williams voiced concern that if “something (COVID-19) rears its head again” that the Board may have to move back to the Municipal Garage and would not have the audio and video equipment. Councilman Withey suggested having equipment in both locations, while Supervisor Williams noted the expense to do such. The topic would be discussed at the next meeting after receiving the quote. USATF Niagara – Empire State Challenge Race: Supervisor Williams explained he received an email from Machell Phelps of the Cortland Regional Sports Council regarding a footrace to be held in the City of Cortland. A portion of the racecourse was also in the Town. He asked for Board approval for the race to take place in the Town (from the Route 281 entrance/exit to SUNY Cortland down the Route 281 sidewalk to the former SUNY entrance). There was no objection from the Board. RESOLUTION #194 AUTHORIZE USATF NIAGARA – EMPIRE STATE CHALLENGE RACE TO TAKE PLACE WITHIN A PORTION OF THE TOWN OF CORTLANDVILLE ON JULY 25, 2021 Motion by Councilman Guido Seconded by Councilman Cobb VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0 ADOPTED BE IT RESOLVED, the Town Board does hereby authorize the USATF Niagara – Empire State Challenge Race to take place on July 25, 2021 within a portion of the Town of Cortlandville, from the Route 281 entrance/exit to SUNY Cortland down the Route 281 sidewalk to the former SUNY entrance. American Rescue Plan Act (ARPA) Funds: Supervisor Williams reported that the Town received a response back from the State that the Town’s application for funding under ARPA was approved in the amount of $726,876. The funds would be distributed in the summer of 2021 and summer of 2022. Executive Session: Supervisor Williams requested the Board convene to an Executive Session at the conclusion of the meeting to discuss four personnel matters and a legal matter. JULY 7, 2021 TOWN BOARD MEETING PAGE 8 At this time in the meeting, the Board proceeded with new business items. Councilman Withey made a motion, seconded by Councilman Testa, to receive and file correspondence from New York State Homes and Community Renewal, dated June 16, 2021, approving the Town’s “Contract Extension Request” for the Town’s 2019 Community Development Town-Wide Housing Rehabilitation Program (CDBG #287HR323-19). All voting aye, the motion was carried. RESOLUTION #195 AUTHORIZE SUPERVISOR TO SIGN THE OWNER- OCCUPIED LOAN AGREEMENT BETWEEN THE TOWN AND JESSICA M. RECOR FOR THE TOWN-WIDE HOUSING REHABILITATION GRANT PROGRAM 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 Owner-Occupied Loan Agreement between the Town of Cortlandville and Jessica M. Recor, 1322 Fisher Avenue, Cortland, New York, regarding the extension of loan funds by the Town’s CDBG Program (#287HR323-19) for the total amount of $17,275.00. RESOLUTION #196 AUTHORIZE SUPERVISOR TO SIGN THE AFFIDAVIT REGARDING THE TOWN’S 2019 COMMUNITY DEVELOPMENT BLOCK GRANT TOWN-WIDE REHABILITATION PROGRAM BETWEEN THE TOWN AND JESSICA M. RECOR 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 the Supervisor to sign the Affidavit regarding the Town’s 2019 Community Development Town-Wide Housing Rehabilitation Program, between the Town of Cortlandville and Jessica M. Recor, 1322 Fisher Avenue, Cortland, New York, regarding the extension of loan funds by the Town’s CDBG Program (#287HR323-19) for the total amount of $17,275.00. RESOLUTION #197 AUTHORIZE APPROVAL OF PAYMENTS REGARDING THE TOWN-WIDE HOUSING REHABILITATION GRANT PROGRAM 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 approval of payment for the following regarding the Town-Wide Housing Rehabilitation Grant Program – CDBG #287HR323-19: Scott Marshall, Owego Street Siding – $14,400.00 (McNeal) JULY 7, 2021 TOWN BOARD MEETING PAGE 9 RESOLUTION #198 ACKNOWLEDGE SUBMISSION OF THE TOWN’S REQUEST FOR THE AMERICAN RESCUE PLAN ACT (ARPA) CORONAVIRUS LOCAL FISCAL RECOVERY FUNDS Motion by Councilman Cobb Seconded by Councilman Withey VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0 ADOPTED BE IT RESOLVED, the Town Board does hereby acknowledge the submission of the Town’s application request for the American Rescue Plan Act (ARPA) Coronavirus Local Fiscal Recovery Funds on June 29, 2021. RESOLUTION #199 RESOLUTION TO BE PAID DIRECTLY ALL OF TOWN’S SHARE OF COUNTY SALES TAX Motion by Councilman Withey Seconded by Councilman Testa VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0 ADOPTED WHEREAS, New York Tax Law Section 1262 allows municipalities to apply a portion of their Sales Tax against the Property Taxes levied upon real property in that municipality, and WHEREAS, the Town of Cortlandville requests that the Cortland County Legislature apply $0.00 (zero dollars and zero cents) of Sales Tax to be utilized in the reduction of the County Tax levied against Real Property, with the amount requested in this resolution divided by 4 and that $0.00 quarterly amount be deducted from the County quarterly sales tax distribution as per agreements with the County related to Sales Tax Distribution, with any remaining funds available in Sales Tax payments paid to the Town of Cortlandville, and BE IT FURTHER RESOLVED, that pursuant to New York Tax Law Section 1262, this resolution shall be effective commencing with calendar year 2022, and be it further RESOLVED, that the Town of Cortlandville Town Clerk shall forward a Certified Copy of this Resolution to the Cortland County Treasurer and the Cortland County Real Property Tax Office by Registered or Certified Mail before September 1st, 2021. RESOLUTION #200 AMEND TOWN OF CORTLANDVILLE PERSONNEL POLICY, SECTION 1010 - EMPLOYEE BENEFITS TO INCLUDE JUNETEENTH AS A PAID HOLIDAY Motion by Councilman Guido Seconded by Councilman Cobb VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0 ADOPTED BE IT RESOLVED, the Town Board hereby amends the Town of Cortlandville Personnel Policy, Section 1010 – Employee Benefits to include Juneteenth (National Independence Day Act) as an annually observed holiday on June 19th. Councilman Withey made a motion, seconded by Councilman Testa, to receive and file correspondence from New York State Homes and Community Renewal, dated June 29, 2021, regarding the “Concurrence of Determination of Exclusion under CFR 58.35 (b)” for the Town’s 2021 Community Development Block Grant Economic Development Program for Cortland Specialty Cable (CDBG #287ED967-21). Councilman Cobb made a motion, seconded by Councilman Withey, to receive and file correspondence from New York State Department of Environmental Conservation, dated June 29, 2021, regarding the renewal of the Mining Permit for Dave McMasters, LLC for the McMasters Mine located at 4216 McCloy Road in the Town of Cortlandville (Mined Land ID 71026), effective 8/1/2021 through 7/31/2026. All voting aye, the motion was carried. JULY 7, 2021 TOWN BOARD MEETING PAGE 10 RESOLUTION #201 REFER DRAFT COMPREHENSIVE PLAN FOR THE TOWN OF CORTLANDVILLE TO THE CORTLAND COUNTY PLANNING BOARD FOR REVIEW AND RECOMMENDATIONS Motion by Councilman Guido Seconded by Councilman Testa VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0 ADOPTED BE IT RESOLVED, the Draft Comprehensive Plan (dated December 2020) for the Town of Cortlandville, as prepared by CHA and the Comprehensive Plan Committee, shall be forwarded to the County Planning Board for review and recommendations. RESOLUTION #202 AUTHORIZE AND DIRECT THE SUPERVISOR TO FILE AN APPLICATION FOR FUNDS FROM THE NEW YORK STATE OFFICE OF PARKS, RECREATION AND HISTORIC PRESERVATION FOR FINANCIAL ASSISTANCE TO THE TOWN OF CORTLANDVILLE FOR THE GUTCHESS LUMBER SPORTS COMPLEX Motion by Councilman Cobb Seconded by Councilman Testa VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0 ADOPTED BE IT RESOLVED, that Tom Williams, as Supervisor of the Town of Cortlandville, is hereby authorized and directed to file an application for funds from the New York State Office of Parks, Recreation and Historic Preservation in accordance with the provisions of Title 9 of the Environmental Protection Act of 1993, in an amount not to exceed $500,000, and upon approval of said request to enter into and execute a project agreement with the State for financial assistance to the Town of Cortlandville for the Gutchess Lumber Park Project and, if appropriate, a conservation easement/preservation covenant to the deed of the assisted property. RESOLUTION #203 REFER AQUIFER PROTECTION PERMIT APPLICATION SUBMITTED BY REGAN DEVELOPMENT FOR PROPERTY OWNED BY CB CORTLANDVILLE LLC LOCATED OFF OF NYS ROUTE 13 TO THE TOWN AND COUNTY PLANNING BOARDS FOR REVIEW AND RECOMMENDATIONS Motion by Councilman Withey Seconded by Councilman Testa VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0 ADOPTED BE IT RESOLVED, the Aquifer Protection Permit application submitted by Regan Development for property owned by CB Cortlandville LLC located off NYS Route 13, tax map #95.00-10- 11.100, shall be forwarded to the Town and County Planning Boards for review and recommendations, and it is further RESOLVED, the Aquifer Protection Permit application is hereby received and filed. No further comments or discussion was heard. Supervisor Williams requested the Board convene to an Executive Session. Councilman Withey made a motion, seconded by Councilman Testa, to recess the Regular Meeting to an Executive Session to discuss personnel matters and a contract negotiation. All voting aye, the motion was carried. The meeting was recessed at 5:52 p.m. JULY 7, 2021 TOWN BOARD MEETING PAGE 11 Councilman Cobb made a motion, seconded by Councilman Withey, to adjourn the Executive Session and reconvene the Regular Meeting. All voting aye the motion was carried. The Executive Session was adjourned at 6:52 p.m. Members of the public were invited back into the meeting. RESOLUTION #204 APPROVE A “BRIDGE LOAN" WITH A TOWN EMPLOYEE CONCERNING A LOAN FOR MEDICAL SERVICES, SUBJECT TO A SIGNED CONTRACT BETWEEN THE EMPLOYEE AND THE TOWN Motion by Councilman Guido Seconded by Councilman Testa VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0 ADOPTED BE IT RESOLVED, the Town Board does hereby approve a "Bridge Loan" between the Town of Cortlandville and Town employee Daniel Head concerning a short-term loan in the amount of $3,086.77 for a Health Savings Plan, subject to a signed contract between the employee and the Town of Cortlandville, and it is further RESOLVED, the Town will pay the physician, Loftus & Why MD’s PC directly. Supervisor Williams explained that the Clerk for the Town Assessor’s office would be retiring later in the year. As such, Assessor Briggs requested the Board create a new full-time position titled “Real Property Assistant” to fill the upcoming vacancy. The new titled position would be civil service and would require a more specialized exam than the current titled position, “Clerk”. RESOLUTION #205 AUTHORIZE SUPERVISOR TO CREATE ONE NEW FULL- TIME POSITION TITLED “REAL PROPERTY ASSISTANT” FOR THE TOWN ASSESSOR’S OFFICE Motion by Councilman Withey Seconded by Councilman Cobb VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0 ADOPTED BE IT RESOLVED, the Town Board hereby authorizes and directs the Supervisor to create one new full-time position titled “Real Property Assistant” for the Town of Cortlandville Assessor’s Office in accordance with the Civil Service Law and Rules. Similarly, Supervisor Williams requested the Board create one new position titled “Assistant to the Aide to the Supervisor” to allow the Town to hire and train a new employee for the Town Supervisor’s office. The Supervisor’s Secretary, officially titled “Aide to the Supervisor”, would be retiring in the future and the new position would allow for the proper training and transition. RESOLUTION #206 CREATE NEW POSITION “ASSISTANT TO THE AIDE TO THE SUPERVISOR” Motion by Councilman Testa Seconded by Councilman Guido VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0 ADOPTED BE IT RESOLVED, the Town Board hereby authorizes and directs the Supervisor to create one new full-time position titled “Assistant to the Aide to the Supervisor” for the Town of Cortlandville Supervisor’s Office in accordance with the Civil Service Law and Rules. JULY 7, 2021 TOWN BOARD MEETING PAGE 12 Supervisor Williams announced that a Court Clerk would be retiring in August and the Town Justices were seeking candidates to fill a vacant position. The employment opportunity would be advertised. No further comments or discussion were heard. Councilman Cobb made a motion, seconded by Councilman Guido, to adjourn the Regular Meeting. All voting aye, the motion was carried. The meeting was adjourned at 6:55 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 July 16, 2021. The final version of this meeting was approved as written at the Town Board meeting of July 21, 2021.