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HomeMy WebLinkAbout2021-08-18 Town Board Minutes AUGUST 18, 2021 5:01 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; Deputy Town Clerk, Abigail Albro; Highway Sup’t. Larry Drach; Matt Whitman from CACTC; Amelia McLean-Robertson, Attorney from Bond Schoeneck & King; Town Residents: Pamela Jenkins; Robert Martin; Dean O’Gorman; George Mowry; Ken Woodman; Stephen Flatt; and News Reporters: Colin Spencer from the Cortland Standard; and Kevin Smith from the Cortland Voice. Supervisor Williams called the Regular Meeting to order and asked for a moment of silence in memory of Machell Phelps’ mother who recently passed away. Machell Phelps is the Director of the Cortland Regional Sports Council. Councilman Guido made a motion, seconded by Councilman Testa to approve the Draft Town Board Minutes of July 21, 2021. All voting aye, the motion was carried. The Draft Town Board Minutes of August 4, 2021 were provided to the Board for their review on August 17, 2021. RESOLUTION #229 AUTHORIZE PAYMENT OF VOUCHERS –AUGUST Motion by Councilman Withey Seconded by Councilman Testa 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 #1021-1108 HG, SF, SS, SW General Fund A $ 84,722.13 General Fund B $ 124.50 Highway Fund DA $ 0.00 Highway Fund DB $ 15,441.59 Gutchess Lumber SC Project HG $ 0.00 C’Ville Fire District SF $ 0.00 Sewer Fund SS $ 90,980.76 Water Fund SW $ 9,942.05 Funds CD1, CD3, CD4 Voucher #39-43 BMills Rehab CD1 $ 0.00 Town Wide Rehab CD3 $ 62,212.66 Business Devl CD4 $ 0.00 Funds TA, TE Voucher #(None) Trust & Agency TA $ 0.00 Expendable Trust TE $ 0.00 Supervisor Williams offered privilege of the floor to Dean O’Gorman Town resident, Dean O’Gorman explained he was in attendance to follow up on his previous request for the Board’s support of a Syringe Exchange Program (SEPs) in and for the Town of Cortlandville. Mr. O’Gorman wanted to make it clear that the possession of a syringe has been decriminalized. He informed the Board that the month of August was “Overdose Awareness Month” and urged the Board to support the program. He provided information to the Board regarding the program and recited facts from the 30-years of research from the Center for Disease Control (CDC). Mr. O’Gorman explained the benefits of SEPs, which help prevent transmission of blood-borne infections, help stop substance abuse, and help support public safety. Mr. AUGUST 18, 2021 TOWN BOARD MEETING PAGE 2 O’Gorman stated that drug addiction is a disease and plead for the Board’s support to help people in need. He presented the Board with a proposed resolution for their consideration and asked that they act on it, to “do something for the citizens of the community in a positive way” during overdone awareness month. Supervisor Williams thanked Mr. O’Gorman for his comments and indicated that he intended to ask the Board for authorization for him to work with Mr. O’Gorman on the details of his proposal. Supervisor Williams offered privilege of the floor to Matt Whitman. Matt Whitman, Director of Cortland Area Communities That Care (CACTC), was in attendance to discuss the SEPs which are supported by health agencies around the world including the NYS Health Department, CDC, and the World Health Organization. He stated there is 30 years of research supporting the efficacy of SEPs including lowering the risks of syringe sharing and safe disposal of syringes and protecting police officers and the public from blood borne disease. He stated this community (Cortland County) has a serious HEP C outbreak; a SEP program will help. Communities without SEPs have eight times more syringes in the community than those who have the programs. Mr. Whitman shared information about the programs and their efficacy and urged the Board to support the start of a SEP in the community. He stated, “we have a responsibility to offer those services to our residents, in our community and protect them and their health and safety.” Supervisor Williams thanked Mr. Whitman for his comments. Supervisor Williams offered privilege of the floor to Amelia McLean-Robertson. Attorney Amelia McLean-Robertson, from Bond Schoeneck & King representing Cortlandville Sand & Gravel, addressed the Board regarding the proposed local law concerning the wellhead protection areas. Ms. McLean-Robertson indicated that she submitted a letter to the Board earlier today about the proposed local law. She understood the Board was waiting for the Town Planning Board to make its recommendations prior to acting on the proposed local law. She stated that they strongly oppose the law as written, which would put Cortlandville Sand & Gravel out of business. She stated the local law was “unlawful and unconstitutional”. Should the law be adopted, Bond Schoeneck & King would be seeking damages from the Town. Supervisor Williams acknowledged receipt of the correspondence from Ms. McLean- Robertson and thanked her for her comments. Supervisor Williams offered privilege of the floor to Pamela Jenkins. Town resident, Pamela Jenkins addressed the Board regarding three items. First, she commented that she supported Mr. O’Gorman and Mr. Whitman’s request, stating that she was in support of anything we can do to promote wellness. She added that she was appointed by the District Attorney to the “Angel Program” and is available to assist any person seeking treatment instead of jail. Secondly, she mentioned that she submitted a FOIL request to the Town Clerk on August 10, 2021 for documents pertaining to the contract signed between the Town and PBR Tournaments on August 4, 2021. She suggested there needs to be an open discussion between the Board and the public to discuss the $2.7 million the Town is still in debt for, and the debt to be incurred for the new contract. Ms. Jenkins third item for discussion was regarding the Town’s Draft Comprehensive Plan and CHA’s response to the comments submitted. She objected to CHA’s response to her comments as follows: Please see this FEMA map of North and South of Kinney Gulf Road, as it travels West toward Hoy Road. This the area I which suggest is incompatible with development: It is in active Agriculture. It is an area of "Special Flood Hazard", has a "Regulated Floodway" running through it, ground water is very near the surface year-round, it has a creek running through it. We all know that 100-year floods are happening more regularly than once in every 100 years and are likely to occur more frequently because we are in an era of excessive rainfall events. I wrote to Chris Einstein about his comments of August 2, 2021. He conceded that we are talking about the exact same map ... there is no confusion as he seemed to indicate in his written comments of August 2, 2021. I wrote to him again, that I continue to think that the document needs an alphabetized index to increase the user friendliness and that larger printed maps should be included in the document. Maps two times the size are included in the 2002 Route 281/Aquifer document and they are much more readable and useful for the reader. AUGUST 18, 2021 TOWN BOARD MEETING PAGE 3 Supervisor Williams thanked Ms. Jenkins for her comments. Supervisor Williams offered privilege of the floor to George Mowry. Town resident, George Mowry commented on the proposed Local Law to opt out of cannabis (marijuana) dispensaries and on-site consumption in the Town of Cortlandville. He voiced his support for the Town to opt-out of both dispensaries and on-site consumption and mentioned that the Village of Homer opted out of on-site consumption but allowed dispensaries. He stated this might be a good compromise for the town as he does care about the tax revenue. He offered to provide more information from his own research on marijuana to anyone who would like more information. Mr. Mowery provided the information to the Board at a prior meeting. Supervisor Williams thanked Mr. Mowry for his comments. Councilman Cobb made a motion, seconded by Councilman Withey, to receive and file the following monthly reports: 1) Town Justice LeFevre and Town Justice Mathey – July 2021; 2) Town Supervisor – July 2021; 3) Code Enforcement Officer, Kevin McMahon – July 2021; 4) Water & Sewer Department – July 2021; 5) Cortland Community SPCA – July 2021; 6) Fire & Safety Inspector/Code Enforcement Officer, Desiree Campbell – July 2021. All voting aye, the motion was carried. RESOLUTION #230 ACCEPT CONTINUING DISCLOSURE STATEMENT FOR THE TOWN OF CORTLANDVILLE AS PREPARED BY FISCAL ADVISORS & MARKETING, INC. FOR THE FISCAL YEAR ENDING DECEMBER 31, 2020 Motion by Councilman Withey Seconded by Councilman Testa VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0 ADOPTED BE IT RESOLVED, the Continuing Disclosure Statement for the Town of Cortlandville as prepared by Fiscal Advisors & Marketing, Inc., dated June 26, 2021, for the Fiscal Year ending December 31, 2020 is hereby accepted and shall be filed in the Town Clerk’s office. RESOLUTION #231 ACCEPT CORTLAND COUNTY SHERIFF’S OFFICE ANNUAL REPORT FOR 2020 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 accept the Cortland County Sheriff’s Office Annual Report for 2020 as submitted by Sheriff Mark E. Helms, and it is further RESOLVED, the correspondence from Sheriff Helms, dated July 15, 2021, is hereby received and filed. Councilman Withey made a motion, seconded by Councilman Testa, to receive and file correspondence from Charter Communications, dated July 23, 2021 regarding programming services. All voting aye, the motion was carried. Under old business, there was a brief discussion regarding 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”. Although the Board was in receipt of the Cortland County Planning Department/Board recommendations, the Town Planning Board has not issued its recommendations and would not be meeting until AUGUST 18, 2021 TOWN BOARD MEETING PAGE 4 August 31, 2021. Supervisor Williams suspected the Planning Board would provide their recommendations to the Board prior to the next meeting on September 1, 2021. RESOLUTION #232 TABLE ACTION ON THE PROPOSED 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” UNTIL SEPTEMBER 1, 2021 Motion by Councilman Cobb Seconded by Councilman Testa VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0 ADOPTED BE IT RESOLVED, the Town Board hereby tables action on the proposed 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” until September 1, 2021 Town Board Meeting to allow time for the Town Planning Board to complete its review of the proposed local law. Councilman Testa made a motion, seconded by Councilman Withey, to receive and file the Cortland County Planning Department Review and Recommendations, dated July 16, 2021, and Cortland County Planning Board Resolution #21-22, dated July 21, 2021, regarding the Town’s proposed 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”. All voting aye, the motion was carried. Under old business there was discussion regarding the proposed Local Law to “Opt Out of Allowing Cannabis Retail Dispensaries and On-Site Consumption Sites as Authorized Under Cannabis Law Article 4”. Attorney DelVecchio explained that the proposed local law was to opt out of the state law provision that allows a municipality to have cannabis retail dispensaries and on-site consumption sites. If the Town opts out, retail dispensaries and on-site consumption sites would be prohibited. Another option was to opt out of on-site consumption sites but allow retail dispensaries. Attorney DelVecchio explained that to opt out and prohibit dispensaries and on-site consumption sites, the Town must do so by December 31, 2021. If the Town does not opt out by the end of the year, it can never opt out – the Town is automatically in. However, the Town can later opt in to permit dispensaries and on-site consumption. Attorney DelVecchio informed the Board that it was too late to put the question out to the voters at the November 2, 2021 election. He stated that the Board has heard from the public regarding economical and other considerations, and that the Board has had time to think about the proposed local law. Councilman Withey asked what the estimated loss of sales tax would be for Cortland County if dispensaries were not permitted. He was concerned that if prohibited, it would force residents to spend money outside of the county. He questioned whether medical cannabis dispensaries would also be prohibited under the local law and voiced concerns. Councilman Withey wanted to make sure the Board understood the personal and financial implications. Supervisor Williams responded that to the best of his knowledge there was no tax rate yet. He added that in his reading of the statute, it applies specifically and only to personal and recreational use. Councilman Guido stated that if the Town opts out it does not mean the other municipalities, such as the City of Cortland, can’t opt in. He added that the Town can later opt back in. Attorney DelVecchio indicated that there were three main points to consider. First, if the Board decided not to opt out, the location of dispensaries or on-site consumption sites could be regulated in the Town’s zoning; the Town will have the ability to assess zoning to determine where they can be located. Secondly, regarding economics, he explained that a lot is still unknown. If the Board opts out, they will have an opportunity to opt back in. The Board could collect data from municipalities that opt in and then reconsider whether it is economically vi able to opt in. AUGUST 18, 2021 TOWN BOARD MEETING PAGE 5 Finally, he mentioned that if the Town permits dispensaries or on-site consumption sites, licensing must be granted by New York State, a process he suspected would be rigorous. Locally, the Village of Homer opted out of on-site consumption sites but permitted retail dispensaries. The Town of Homer was leaving the question up to the voters at the November election. Town resident George Mowry asked for permission to speak, which was granted. He asked how permitting dispensaries or on-site consumption would affect businesses and hiring practices. Town resident, Dean O’Gorman voiced his support for permitting dispensaries. He suggested that if dispensaries were permitted in New York State, then residents will drive to where the dispensaries are permitted. He suggested the Town take advantage of the sales tax opportunity and suggested that the money could be put back into the community for prevention programs. He added that purchasing cannabis from a dispensary would be safer to use than it being purchased off the street. Supervisor Williams stated that during his career as a State Trooper he spent a lot of time dealing with drugs and drug abuse. He indicated that he was not in favor of permitting dispensaries or on-site consumption sites and would vote to opt out of both. He mentioned that federal law did not permit the sale of cannabis and did not want to go down in the record that he went against federal law just because the State said so. At this time, it was decided that the Board would conduct a vote on whether to opt out of allowing cannabis retail dispensaries separate from on-site consumption sites. All members of the Board voted in favor of opting out of on-site consumption sites. Regarding opting out of allowing cannabis retail dispensaries, Councilman Withey voted “Nay”, while all other members of the Board voted “Aye”. The Local Law will be subject to permissive referendum as indicated in the text of the law. RESOLUTION #233 ADOPT LOCAL LAW NO. 2 OF 2021, “A LOCAL LAW TO OPT OUT OF ALLOWING CANNABIS RETAIL DISPENSARIES AND ON-SITE CONSUMPTION SITES AS AUTHORIZED UNDER CANNABIS LAW ARTICLE 4” SUBJECT TO PERMISSIVE REFERENDUM Motion by Councilman Guido Seconded by Councilman Cobb VOTES: Supervisor Williams Aye Councilman Cobb Aye Councilman Guido Aye Councilman Testa Aye Councilman Withey Nay ADOPTED 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, “A Local Law to Opt Out of Allowing Cannabis Retail Dispensaries and On-Site Consumption Sites as Authorized Under Cannabis Law Article 4”, 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 Local Law No. 2 of 2021, amending the Code of the Town of Cortlandville to add legislation to “Opt Out of Allowing Cannabis Retail Dispensaries and On-Site Consumption Sites as Authorized Under Cannabis Law Article 4”, a copy of which is attached hereto and made a part hereof, and the Town Clerk is directed to enter said Local Law in the minutes of this meeting and in the Local Law Book of the Town of Cortlandville, and to give due notice of the adoption of said Local Law to the Secretary of State. AUGUST 18, 2021 TOWN BOARD MEETING PAGE 6 Be it enacted by the Town Board of the Town of Cortlandville as follows: A local law to opt out of allowing cannabis retail dispensaries and on-site consumption sites as authorized under Cannabis Law Article 4 Section 1. Legislative Intent It is the intent of this local law to opt out of allowing cannabis retail dispensaries and on-site cannabis consumption sites in the Town of Cortlandville that would otherwise be allowed under Cannabis Law Article 4. Section 2. Authority This local law is adopted pursuant to Cannabis Law § 131 which expressly authorizes the town board to adopt a local law requesting the Cannabis Control Board to prohibit the establishment of cannabis retail dispensary licenses and/or on-site consumption licenses within the jurisdiction of the Town of Cortlandville and is subject to a permissive referendum, the procedure of which is governed by Municipal Home Rule Law § 24. Section 3. Local Opt-Out The Town Board of the Town of Cortlandville hereby opts out of allowing cannabis retail dispensaries and on-site cannabis consumption sites from being established and operated within the town’s jurisdiction. Section 4. Severability If any clause, sentence, paragraph, subdivision, or part of this Local Law or the application thereof to any person, firm or corporation, or circumstance, shall be adjusted by any court of competent jurisdiction to be invalid or unconstitutional, such order or judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, or part of this Local Law or in its application to the person, individual, firm or corporation or circumstance, directly involved in the controversy in which such judgment or order shall be rendered. Section 5. Permissive Referendum/Referendum on Petition This local law is subject to a referendum on petition in accordance with Cannabis Law § 131 and the procedure outlined in Municipal Home Rule Law § 24. Section 6. Effective date This local law shall take effect immediately upon filing with the Secretary of State. Attorney DelVecchio reported: Extension of Term of Office for the Town Clerk/Collector: Attorney DelVecchio asked the Board to amend all Town Board Resolutions from 2021 concerning the extension of the term of office from two years to four years for the Town Clerk/Collector, including the proposed local law itself. He explained that the offi cial title of the office is Town Clerk/Collector, however the resolutions only mentioned Town Clerk. The resolutions affected are as follows: #150, #162, #164, #178, and #188 of 2021. He explained that the referendum on the ballot would be changed to the Town Clerk/Collector. RESOLUTION #234 AMEND TOWN BOARD RESOLUTION #150, #162, #164, #178, AND #188 OF 2021 TO REFLECT THE OFFICE OF THE “TOWN CLERK/COLLECTOR” RATHER THAN “TOWN CLERK” 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 amend town board resolution #150, #162, #164, #178, and #188 of 2021 to reflect the office of the “Town Clerk/Collector” rather than “Town Clerk” and authorizes the Town Clerk to correct the pending local law, which was adopted subject to mandatory referendum, and it is further AUGUST 18, 2021 TOWN BOARD MEETING PAGE 7 RESOLVED, the Board of Elections shall make the adjustment to the referendum on the November 2, 2021 ballot. Parkland Alienation – Gutchess Lumber Sports Complex: Attorney DelVecchio discussed parkland alienation with the Board. He stated that he spoke to the Board in depth on this issue and that they were all familiar with it and the ambiguities that go along with it. He explained that there is no statute in NYS that governs parkland alienation, but that it is guided solely in Common Law. Attorney DelVecchio spoke to the head of the New York State Office of Parks Recreation and Historic Preservation (OPRHR) and discussed the issue at length as it relates to the Town’s arrangement with PBR. The OPRHP indicated they cannot give a legal or definite answer as to whether that agreement is parkland alienation. He also spoke to the head of the legal department and received a similar response. The Town can seek legislative approval from the State. Attorney DelVecchio informed the Board that he spoke with many political figures in the County and mainly to Senator Oberacker and his office staff. His office advised Attorney DelVecchio that it is not possible at this time due to the fact the legislative session ended for the year on June 30, 2021. The Town cannot commence action at this time; it would have to wait. In addition, Attorney DelVecchio explained that the principal terms of the management agreement that the Town approved at the August 4, 2021 meeting “do not trigger until next year”. Also, pursuant to the contract, the Town will not receive any money until 2022. The principal terms of that contract will not be triggered until 2022. Attorney DelVecchio asked the Board to adopt a resolution for the Town to initiate the process for parkland alienation with the State Legislature as soon as practicable, which may be at the end of 2021. He explained that the earliest time that a proposed bill can go before the Assembly or Senate is January 6, 2022. At this time, Attorney DelVecchio read a proposed resolution for the Board’s consideration as follows and offered to answer any questions from the Board. Regarding the Management Agreement between the Town of Cortlandville and PBRT Tournaments NY LLC dated August 1, 2021, the Town shall begin the process for the "approval" of the arrangement between the parties by the New York State Legislature regarding the issue of parkland alienation as soon as practicable. This resolution recognizes the following: 1. The arrangement between the parties may or may not constitute parkland alienation given that there is no statute that governs the legal principle. There is also no legal "formula" to determine whether or not the arrangement does or does not constitute parkland alienation. 2. The Town has consulted the New York State Office of Parks, Recreation and Historic Preservation about the arrangement as to whether or not the arrangement constitutes parkland alienation; the said office has indicated that it cannot provide a definite or legal answer. 3. The Town has consulted with the office of a local state congressman about initiating the process for legislative approval regarding the parkland alienation issue. The said office has advised the Town that it is not possible at the current time to initiate the process because the Legislative Session of the New York State Legislature for the current year has ended. 4. The principle terms of the said management agreement, although executed on August 1, 2021, do not trigger until approximately June 1st of next year. Councilman Guido made a motion, seconded by Councilman Cobb to approve the resolution as read. Councilman Withey asked for further clarification. He commented that the Board entered into the agreement at the last meeting and voiced concerns as to whether the Town “can do the project without the blessings of the state legislature”. He had concerns regarding the financial aspect and engineering costs for Phase 2. Attorney DelVecchio referred Councilman Withey to the proposed resolution which addressed his inquiry. Supervisor Williams asked for a vote to proceed with the resolution as presented. AUGUST 18, 2021 TOWN BOARD MEETING PAGE 8 RESOLUTION #235 AUTHORIZE TOWN ATTORNEY TO BEGIN THE PROCESS FOR THE “APPROVAL” OF THE ARRANGEMENT BETWEEN THE TOWN OF CORTLANDVILLE AND PBRT TOURNAMENTS NY, LLC BY THE NEW YORK STATE LEGISLATURE REGARDING THE ISSUE OF PARKLAND ALIENATION Motion by Councilman Guido Seconded by Councilman Cobb VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0 ADOPTED BE IT RESOLVED, regarding the Management Agreement between the Town of Cortlandville and PBRT Tournaments NY, LLC dated August 1, 2021, the Town shall begin the process for the "approval" of the arrangement between the parties by the New York State Legislature regarding the issue of parkland alienation as soon as practicable, and it is further. RESOLVED, this resolution recognizes the following: 1. The arrangement between the parties may or may not constitute parkland alienation given that there is no statute that governs the legal principle. There is also no legal "formula" to determine whether or not the arrangement does or does not constitute parkland alienation. 2. The Town has consulted the New York State Office of Parks, Recreation and Historic Preservation about the arrangement as to whether or not the arrangement constitutes parkland alienation; the said office has indicated that it cannot provide a definite or legal answer. 3. The Town has consulted with the office of a local state congressman about initiating the process for legislative approval regarding the parkland alienation issue. The said office has advised the Town that it is not possible at the current time to initiate the process because the Legislative Session of the New York State Legislature for the current year has ended. 4. The principle terms of the said management agreement, although executed on August 1, 2021, do not trigger until approximately June 1st of next year. Supervisor Williams reported: Support for a Syringe Exchange Program in the Town of Cortlandville: Supervisor Williams explained that the Board was presented with a resolution prepared by Town resident Dean O’Gorman for support of a Syringe Exchange Program in the Town. In addition to the resolution, Supervisor Williams asked the Board to include authorization for him to work with Mr. O’Gorman and those involved in the program to initiate the mobile unit. As Mr. Whitman explained, the SEP would be a mobile unit rather than a permanent site in the Town that would likely operate once per month. The operation was based on funding and staffing. Mr. Whitman and Mr. O’Gorman explained that there was no cost to the municipalities that authorize it, rather they just want assurance from the Town that they support the program. RESOLUTION #236 RESOLUTION OF SUPPORT FOR A SYRINGE EXCHANGE PROGRAM (SEP) IN THE TOWN OF CORTLANDVILLE AND AUTHORIZE THE SUPERVISOR TO COORDINATE WITH CACTC AND THE SOUTHERN TIER AIDS PROGRAM Motion by Councilman Cobb Seconded by Councilman Guido VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0 ADOPTED AUGUST 18, 2021 TOWN BOARD MEETING PAGE 9 WHEREAS, the Town of Cortlandville Town Board have been presented information on the benefits of having a syringe exchange program in and for the Town of Cortlandville, and WHEREAS, the program has the potential to reduce the increasing number of HEP C cases and other bloodborne diseases transmitted through shared needles and needle pricks from poorly discarded used needles, and WHEREAS, the Town Board recognizes the benefits of this no cost program for syringe exchange and thereby reducing risks to the unaware population of our Town and the public safety benefits, and WHEREAS, data collected over the years supports the benefits of these programs, now therefore BE IT RESOLVED, the Town of Cortlandville recognizes and welcomes the efforts of this Syringe Exchange Program (SEP) and supports the initiative to reduce the potential for disease transmission and create an avenue for a recovery program for the users, and it is further RESOLVED, the Town Board hereby authorizes and directs the Supervisor to coordinate with Cortland Area Communities That Care (CACTC) and the Southern Tier AIDS Program to discuss the steps to commence a Syringe Exchange Program in the Town of Cortlandville. GLSC – Proposed Layout for Pickleball, Horseshoes, & Bocce: Supervisor Williams referred to a map of the GLSC and a proposed layout for a bocce court, horseshoe pits and a pickleball court. More research was needed for the proposed pickleball court before moving forward with construction. However, at this time, Supervisor Williams asked for Board authorization for the Highway Sup’t. to move forward with the construction of the bocce court and horseshoe pits. RESOLUTION #237 AUTHORIZE HIGHWAY SUPERINTENDENT TO PROCEED WITH THE CONSTRUCTION OF A BOCCE COURT AND HORSESHOE PITS AT THE GUTCHESS LUMBER SPORTS COMPLEX 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 Highway Superintendent to proceed with the construction of a bocce court and horseshoe pits at the Gutchess Lumber Sports Complex. RESOLUTION #238 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): Reome Electrical & General Contractors – $11,550.00 (Jordan) AUGUST 18, 2021 TOWN BOARD MEETING PAGE 10 RESOLUTION #239 AUTHORIZE PAYMENT TO DENKENBERGER SURVEYING, P.C. IN THE AMOUNT OF $900.00 FOR COMPLETION OF A SURVEY FOR PROPERTY OWNED BY EAST LAKE VENTURE, LLC LOCATED OFF BYRNE HOLLOW CROSSING THAT WAS COMPLETED IN ORDER TO OBTAIN AN EASEMENT FOR RECREATION PURPOSES Motion by Councilman Guido Seconded by Councilman Testa VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0 ADOPTED WHEREAS, per Town Board Resolution #212 of 2021, the Town Board authorized the Supervisor to engage the services of Denkenberger Surveying, P.C. to accomplish a survey for property owned by East Lake Venture LLC (1.06 acres), located off Byrne Hollow Crossing, tax map #105.00-04- 03.000, located next to the Gutchess Lumber Sports Complex, to determine if an easement(s) for recreation purposes can be obtained from East Lake Venture LLC, therefore BE IT RESOLVED, the Town Board does hereby authorize payment to Denkenberger Surveying, P.C. in the amount of $900.00 for the completed survey. RESOLUTION #240 AUTHORIZE SUPERVISOR TO ENGAGE THE SERVICES OF DENKENBERGER SURVEYING, P.C. TO ACCOMPLISH A SURVEY OF THE GUTCHESS LUMBER SPORTS COMPLEX LOCATED AT 3111 BYRNE HOLLOW CROSSING 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 authorize and direct the Supervisor to engage the services of Denkenberger Surveying, P.C. to accomplish a survey of the Gutchess Lumber Sports Complex property (101 acres) owned by the Town of Cortlandville, located at 3111 located off Byrne Hollow Crossing, tax map #105.00-04-02.200, for the total cost of $4,500.00. RESOLUTION #241 APPROVE PURCHASE OF 36 CHAIRS AND A CHAIR CARRIER FROM HUMMEL’S OFFICE SUPPLY FOR THE GUTCHESS LUMBER SPORTS COMPLEX IN THE AMOUNT OF $1,186.60 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 approve the purchase of 36 chairs and a chair carrier from Hummel’s Office Supply for the Gutchess Lumber Sports Complex in the total amount of $1,186.60. RESOLUTION #242 ACKNOWLEDGE APPOINTMENT OF MARGARET CAPPS AS CHIEF COURT CLERK/DEPUTY COURT CLERK AND AUTHORIZE SALARY INCREASE 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 acknowledge the appointment of Margaret Capps as Chief Court Clerk/Deputy Court Clerk effective August 23, 2021 due to the retirement of Mary Caufield in the Town Court, and it is further AUGUST 18, 2021 TOWN BOARD MEETING PAGE 11 RESOLVED, the Town Board hereby authorizes the salary increase to $50,489.00 with an additional $4,500.00 per year for Records Management. There was a brief discussion regarding the Draft Comprehensive Plan for the Town of Cortlandville and CHA’s recommended responses to comments. The Board agreed to return the Plan to the Comprehensive Plan Committee and CHA to finalize the Plan. Attorney DelVecchio made it clear that CHA only recommended one change to regarding the Business District Design Standards. Their comment was as follows: The topic of design guidelines for development/general development aesthetics was not discussed in detail during development of the comprehensive plan however this recommendation could be included under the topic of visual/aesthetic character. Recommend revising Draft Plan to include a recommendation to re-visit the Town’s design standards. Councilman Guido made a motion, seconded by Councilman Testa, to receive and file correspondence from Chris Einstein, CHA, dated August 2, 2021, regarding the recommended responses to comments received from the Town boards and the public on the Draft Comprehensive Plan for the Town of Cortlandville and the recommended edits by CHA on the Plan. All voting aye, the motion was carried. RESOLUTION #243 AGREE WITH THE RESPONSES TO COMMENTS AS SUBMITTED BY CHA REGARDING THE DRAFT COMPREHENSIVE PLAN AND REFER THE PLAN BACK TO THE COMPREHENSIVE PLAN COMMITTEE TO FINALIZE 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 agree with the responses to comments as submitted by CHA (dated August 2, 2021) regarding the Draft Comprehensive Plan for the Town of Cortlandville, and it is further RESOLVED, the Town Board hereby refers the Draft Comprehensive Plan back to the Comprehensive Plan Committee to work with CHA to finalize the Plan. RESOLUTION #244 AUTHORIZE SUPERVISOR TO SIGN THE LOAN AND SECURITY AGREEMENT BETWEEN THE TOWN OF CORTLANDVILLE AND SEVEN VALLEY SPECIALTY CABLES, LLC REGARDING THE TOWN’S NYS SMALL CITIES COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM (CDBG #287ED967-21) 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 and direct the Supervisor to sign the Loan and Security Agreement between the Town of Cortlandville and Seven Valley Specialty Cables, LLC regarding the Town’s New York State Small Cities Community Development Block Grant Program (CDBG #287ED967-21) in the amount of $320,000.00. AUGUST 18, 2021 TOWN BOARD MEETING PAGE 12 RESOLUTION #245 ACCEPT RESIGNATION FOR RETIREMENT FROM MARY C. CAUFIELD AS CHIEF COURT CLERK/DEPUTY COURT CLERK FOR THE TOWN OF CORTLANDVILLE EFFECTIVE AUGUST 21, 2021 Motion by Councilman Cobb Seconded by Councilman Testa VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0 ADOPTED WHEREAS, after 35 years of dedicated service to the Town of Cortlandville as Chief Court Clerk/Deputy Court Clerk, Mary C. Caufield has submitted her letter of resignation for retirement, therefore BE IT RESOLVED, the Town Board does hereby accept, with deep regret, the letter of resignation from Mary C. Caufield as Chief Court Clerk/Deputy Court Clerk for the Town of Cortlandville, to be effective August 21, 2021, and it is further RESOLVED, the letter of resignation dated August 9, 2021 is hereby received and filed. RESOLUTION #246 ACCEPT RESIGNATION FOR RETIREMENT FROM PETER ALTERI JR. AS WATER/SEWER SUPERINTENDENT FOR THE TOWN OF CORTLANDVILLE EFFECTIVE SEPTEMBER 10, 2021 Motion by Councilman Testa Seconded by Councilman Withey VOTES: AYE – Williams, Cobb, Guido, Testa, Withey NAY – 0 ADOPTED WHEREAS, after 34 years of dedicated service to the Town of Cortlandville as Water/Sewer Superintendent, Peter Alteri Jr. has submitted his letter of resignation for retirement, therefore BE IT RESOLVED, the Town Board does hereby accept, with deep regret, the letter of resignation from Peter Alteri Jr. as Water/Sewer Superintendent for the Town of Cortlandville, to be effective September 10, 2021, and it is further RESOLVED, the letter of resignation dated August 10, 2021 (received August 11, 2021) is hereby received and filed. RESOLUTION #247 AUTHORIZE APPROVAL OF PAYMENTS REGARDING THE NYS SMALL CITIES COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM – ECONOMIC DEVELOPMENT FOR SEVEN VALLEY SPECIALTY CABLES, LLC (CDBG #287ED967-21) 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 approval of payments regarding the New York State Small Cities Community Development Block Grant Program – Economic Development for Seven Valley Specialty Cables, LLC (CDBG #287ED967-21) in the amount of $62,800.00 to Seven Valley Specialty Cables, LLC for “Reimbursement for FF&E and Working Capital”. AUGUST 18, 2021 TOWN BOARD MEETING PAGE 13 No further comments or discussion were heard. The meeting was adjourned at 6:11 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 August 27, 2021. The final version of this meeting was approved as written at the Town Board meeting of September 1, 2021.