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HomeMy WebLinkAbout2022-01-19 Town Board Minutes JANUARY 19, 2022 5:00 P.M. PUBLIC HEARING NO. 1 AQUIFER PROTECTION PERMIT C’VILLE, LLC (BYRNE DAIRY) 3156 BYRNE HOLLOW CROSSING TAX MAP #105.00-03-16.000, 105.00-03-17.000, 105.00-03-20.000, 105.00-03-21.000 A Public Hearing was held by the Town Board of the Town of Cortlandville via Zoom video and telephone conference with Supervisor Williams presiding, as permitted by the Executive Order of the State of New York, concerning an application for an Aquifer Protection Permit submitted by C’Ville, LLC to permit the retooling of an existing manufacturing plant; add 1,200 sq. ft. of mechanical space, construct a new truck scale/approach, and pave an additional small area, for property located at 3156 Byrne Hollow Crossing, tax map #105.00-03-16.000, 105.00- 03-17.000, 105.00-03-20.000, and 105.00-03-21.000. Members present: Supervisor, Thomas A. Williams Councilman, Jay E. Cobb Councilman, Jeffrey D. Guido Councilman, Gregory K. Leach Councilman, Theodore V. Testa Town Clerk, Kristin E. Rocco-Petrella Others present were: Town Attorney, John DelVecchio; Deputy Town Clerk, Abigail Albro; Supervisor’s Secretary, Patty O’Mara; Assistant to the Supervisor’s Secretary, Amanda Rainbow; Highway Sup’t. Larry Drach; Jim Gosier, Counsel for C’Ville, LLC/Byrne Dairy; Cortland County Legislators: Eugene Waldbauer and Chris Newell; News Reporters: Kevin Smith from the Cortland Voice; and Yuner Gao from the Cortland Standard. Supervisor Williams called the Public Hearing to order. Town Clerk, Kristin Rocco-Petrella read aloud the published, posted and filed legal notice. Supervisor Williams noted there was an error in the published legal notice. The property is located in an I-2 District (Light Industrial, Office, Business Park), rather than the B-2 District as posted. Attorney DelVecchio commented that the error was not substantial. Supervisor Williams explained that C’Ville, LLC is the corporate name for the Byrne Dairy processing plant on Byrne Hollow Crossing. He noted that Jim Gosier, Counsel for Byrne Dairy was in attendance. Supervisor Williams offered privilege of the floor to those in attendance. On behalf of Byrne Dairy, Jim Gosier, Counsel for C’Ville, LLC, stated they were in favor of the Board granting the permit. He explained that the existing plant is being retooled; 95% of the activity that will be going on in the next few months will be happening inside the building. There is a small “bricks and mortar addition to the building” to accommodate some additional mechanical equipment for sterilization of the product. A stairwell would also be added along the east side of the building. Other than that, there would not be a major change to the footprint of the building. Supervisor Williams stated that he was very familiar with the plan, noting that he was the Code Enforcement Officer at the time the original plant was built (circa 2014). Supervisor Williams asked if there any were further requests for privilege of the floor. No further comments or discussion were heard. The Public Hearing was closed at 5:05 p.m. JANUARY 19, 2022 5:05 P.M. TOWN BOARD MEETING The Regular Meeting of the Town Board of the Town of Cortlandville was held via Zoom video and telephone conference as permitted by the Executive Order of the State of New York, with Supervisor Williams presiding. Members present: Supervisor, Thomas A. Williams Councilman, Jay E. Cobb Councilman, Jeffrey D. Guido Councilman, Gregory K. Leach Councilman, Theodore V. Testa Town Clerk, Kristin E. Rocco-Petrella Others present were: Town Attorney, John DelVecchio; Deputy Town Clerk, Abigail Albro; Supervisor’s Secretary, Patty O’Mara; Assistant to the Supervisor’s Secretary, Amanda Rainbow; Highway Sup’t. Larry Drach; Jim Gosher, Counsel for C’Ville, LLC/Byrne Dairy; Cortland County Legislators: Eugene Waldbauer and Chris Newell; News Reporters: Kevin Smith from the Cortland Voice; and Yuner Gao from the Cortland Standard. Supervisor Williams called the Regular Meeting to order. Councilman Testa made a motion, seconded by Councilman Guido, to approve the Draft Special Town Board Minutes of December 29, 2021, and the Draft Town Board Minutes of January 5, 2022. All voting aye, the motion was carried. RESOLUTION #33 AUTHORIZE PAYMENT OF VOUCHERS – YEAR END 2021 (ABSTRACT #28) Motion by Councilman Testa Seconded by Councilman Cobb VOTES: AYE – Williams, Cobb, Guido, Leach, Testa NAY – 0 ADOPTED BE IT RESOLVED, the vouchers submitted have been audited and shall be paid as follows: Funds A, B, DA, DB, Voucher #1785-1795 HG, SF, SS, SW General Fund A $ 9,548.05 General Fund B $ 202.24 Highway Fund DA $ 0.00 Highway Fund DB $ 94.05 Gutchess Lumber SC Project HG $ 0.00 C’Ville Fire District SF $ 0.00 Sewer Fund SS $ 0.00 Water Fund SW $ 1,353.85 Funds CD1, CD3, CD4 Voucher #(None) BMills Rehab CD1 $ 0.00 Town Wide Rehab CD3 $ 0.00 Business Devl CD4 $ 0.00 Funds TA, TE Voucher #(None) Trust & Agency TA $ 0.00 Expendable Trust TE $ 0.00 RESOLUTION #34 AUTHORIZE PAYMENT OF VOUCHERS – JANUARY Motion by Councilman Testa Seconded by Councilman Cobb VOTES: AYE – Williams, Cobb, Guido, Leach, Testa NAY – 0 ADOPTED BE IT RESOLVED, the vouchers submitted have been audited and shall be paid as follows: Funds A, B, DA, DB, Voucher #11-72 HG, SF, SS, SW General Fund A $ 339,503.69 General Fund B $ 60,608.11 Highway Fund DA $ 0.00 Highway Fund DB $ 44,814.30 JANUARY 19, 2022 TOWN BOARD MEETING PAGE 2 Gutchess Lumber SC Project HG $2,515,000.00 C’Ville Fire District SF $ 0.00 Sewer Fund SS $ 1,073.33 Water Fund SW $ 14,690.16 Funds CD1, CD3, CD4 Voucher #(None) BMills Rehab CD1 $ 0.00 Town Wide Rehab CD3 $ 0.00 Business Devl CD4 $ 0.00 Funds TA, TE Voucher #1-2 Trust & Agency TA $ 45,287.81 Expendable Trust TE $ 0.00 Supervisor Williams mentioned that there were no requests for privilege of the floor. Councilman Guido made a motion, seconded by Councilman Testa, to receive and file the following monthly reports: 1) Town Justice LeFevre and Town Justice Mathey – December 2021; 2) Town Clerk – December 2021; 3) Cortland Community SPCA – December 2021; 4) Fire & Safety Inspector/Code Enforcement Officer – December 2021. All voting aye, the motion was carried. RESOLUTION #35 ACCEPT ANNUAL REPORT OF THE TOWN CLERK Motion by Councilman Testa Seconded by Councilman Cobb VOTES: AYE – Williams, Cobb, Guido, Leach, Testa NAY – 0 ADOPTED BE IT RESOLVED, the Annual Report of the Town Clerk, as submitted by Town Clerk Kristin E. Rocco-Petrella, RMC for the year 2021 is hereby accepted, and shall be received and filed. Under old business there was discussion regarding the Aquifer Protection Permit application submitted by C’Ville, LLC to permit the retooling of an existing manufacturing plant; add 1,200 sq. ft. of mechanical space, construct a new truck scale/approach, and pave an additional small area, for property located at 3156 Byrne Hollow Crossing, tax map #105.00-03-16.000, 105.00-03-17.000, 105.00-03-20.000, and 105.00-03-21.000. Attorney DelVecchio explained the SEQRA process to the Board. He noted that the project was reviewed by the Town and County Planning Boards and that the Town Planning Board unanimously granted the Conditional Permit. The Board commenced their review of Part 2 of the SEQR Short Environmental Assessment Form with Attorney DelVecchio reading the questions. The Board answered “no impact to small impact” for all the questions. RESOLUTION #36 DECLARE NEGATIVE IMPACT FOR AQUIFER PROTECTION PERMIT #1 OF 2022 SUBMITTED BY C’VILLE, LLC FOR PROPERTY LOCATED AT 3156 BYRNE HOLLOW CROSSING AND AUTHORIZE SUPERVISOR TO SIGN THE SEQRA APPLICATION Motion by Councilman Cobb Seconded by Councilman Testa VOTES: AYE – Williams, Cobb, Guido, Leach, Testa NAY – 0 ADOPTED WHEREAS, an Aquifer Protection Permit application was submitted by C’Ville, LLC to permit the retooling of an existing manufacturing plant; add 1,200 sq. ft. of mechanical space, construct a new truck scale/approach, and pave an additional small area, for property located at 3156 Byrne Hollow Crossing, tax map #105.00-03-16.000, 105.00-03-17.000, 105.00-03-20.000, and 105.00- 03-21.000, and JANUARY 19, 2022 TOWN BOARD MEETING PAGE 3 WHEREAS, the Town Board as Lead Agent, duly reviewed and completed the Short Environmental Assessment Form, therefore BE IT RESOLVED, the Town Board as Lead Agent does hereby declare the proposed project of C’Ville, LLC, Aquifer Protection Permit #1 of 2022, shall have no significant environmental impact, and it is further RESOLVED, the Supervisor is hereby authorized and directed to sign the SEQRA application relating to Aquifer Protection Permit #1 of 2022. RESOLUTION #37 APPROVE AQUIFER PROTECTION PERMIT #1 OF 2022 SUBMITTED BY C’VILLE, LLC SUBJECT TO CONDITIONS Motion by Councilman Guido Seconded by Councilman Cobb VOTES: AYE – Williams, Cobb, Guido, Leach, Testa NAY – 0 ADOPTED WHEREAS, the Cortland County Planning Department and the Town Planning Board have reviewed and recommended approval of this Aquifer Protection Permit application, and WHEREAS, a Public Hearing was duly held by this Town Board, therefore BE IT RESOLVED, the Town Board does hereby approve Aquifer Protection Permit #1 of 2022, submitted by C’Ville, LLC to retool an existing manufacturing plant; add 1,200 sq. ft. of mechanical space, construct a new truck scale/approach, and pave an additional small area, for property located at 3156 Byrne Hollow Crossing, tax map #105.00-03-16.000, 105.00-03-17.000, 105.00-03-20.000, and 105.00-03-21.000, subject to the following conditions from the Town and County Planning Boards: 1. That the applicant provide the Town a final site plan showing existing lot lines and the total impervious surface of the project lots. 2. That if lot coverage requirements laid out in section 178-2.2a of the Code of the Town of Cortlandville are not met, the applicant combine these lots with enough continuously owned lots to meet said lot coverage requirements or apply for and obtain an area variance to waive them. 3. That the existing 2013 stormwater pollution prevention plan (SWPPP) is modified per section 178-90 of the Code of the Town of Cortlandville unless the applicant combines these lots with enough continuously owned lots to result in the total impervious surface area becoming less than 35% of the total predevelopment lot area. 4. That a final site plan be submitted to the Town including all information required by section 178-71 of the Code of the Town of Cortlandville and showing compliance with section 178-40 of the Code of the Town of Cortlandville. 5. That the applicant secure driveway permits from the Town Highway Superintendent for all new driveway entrances. 6. Compliance with SEQR requirements. AND IT IS FURTHER RESOLVED, the Supervisor is hereby authorized to sign the permit. Under new business, Supervisor Williams explained that he recently spoke with the three Cortland County Legislators representing the Town of Cortlandville and asked them to attend Town Board meetings on occasion to open up the conversation between the Town and County representatives. The Legislators could update the Board and the public on County matters, and vice versa. Supervisor Williams introduced County Legislator, Eugene Waldbauer and County Legislator, Chris Newell and offered them privilege of the floor. Legislator Waldbauer thanked the Board for including him and Legislator Newell in the meeting tonight. He explained that he is a 20-year resident of the Town and was raised in Cortland. He previously served on the Cortlandville Town Planning Board until becoming a Cortland County JANUARY 19, 2022 TOWN BOARD MEETING PAGE 4 Legislator. After two terms, he stepped back and did not run for re-election until 2019 and started a new 4-year term in 2020. Legislator Waldbauer explained that the entire County Legislature was elected for 4-year terms commencing in 2020 and are halfway through their current term. Although the terms are now four years, the Legislature decided to select a Chair every two years. At the County’s organizational meeting, Kevin Fitch was selected as the Chair of the Cortland County Legislature. The Chairman has the authority to place people on committees. Chair Fitch placed Legislator Waldbauer on three committees: Buildings and Grounds, Highway Committee (which Chris Newell is the Chair of), and the Judiciary and Public Safety Committee. Legislator Waldbauer explained that at the recent Judiciary and Public Safety Committee meeting they discussed the Town of Cortlandville and the Traffic Diversion Program. Cortland County District Attorney, Patrick Perfetti, said that the previous Judges in Cortlandville elected not to participate in the program. Legislator Waldbauer stated that from what he heard, the program would bring revenue into the Town because the State returns a portion of the money that the Town currently turns into the State. District Attorney Perfetti said that he has reached out to the Town's new Judge to find out if there's a change in the Court's view of the program, because it is the Judge's decision. There are other towns and counties in the State that do not participate in the program. Legislator Waldbauer stated it is a complex issue and may not be an easy answer. The County has a new Public Health Director, Nikki Anjeski. Legislator Waldbauer mentioned that he was fortunate to be on the Hiring Search Committee and stated she was clearly the standout candidate. He mentioned Director Anjeski’s recent press release regarding COVID, in which New York State has determined that contract tracing is no longer an effective tool in limiting the spread of COVID. The County is asking people to report positive cases on the County website, but please do not call the County to report positive cases. And, in the case of the positives, New York State Department of Health is supposed to provide orders for isolation, however people should take action themselves and isolate. Finally, Legislator Waldbauer asked the Board members what they want the legislators to talk about at the Town Board meetings. Supervisor Williams stated that he wanted the setting to be informal and that the purpose was to provide information to one another. Supervisor Williams asked a question about the DA and the Traffic Diversion Program. He recalled that previously both the Town Justices were not interested in participating in the Traffic Diversion Program. He questioned whether participation in the program was up to each judge, or the Town as a whole. It was Legislator Waldbauer’s understanding that it was up to the judge, but could not answer if one Cortlandville Judge could participate if the other Cortlandville Judge chose not to. County Legislator Chris Newell interjected and stated that the Town’s new Judge “has the ability to either give a thumbs up or thumbs down to the Diversion Program”. Attorney DelVecchio added that it was his understanding the decision was up to each individual judge. He mentioned that he had a conversation with Justice DeMarco who indicated there should be uniformity as to what happens in the Town on that issue. Supervisor Williams stated there was a “definite dividing line between Courts and non- Court activity in the Town or in any Municipality”, but questioned if the Town Board would be involved in the decision in any way. Attorney DelVecchio stated it was up to the judges, however if the Board chose to make a recommendation it was their prerogative. He and Supervisor Williams would discuss the matter further. Legislator Waldbauer mentioned that eight counties in the State participate in a traffic diversion program, including Broome County and Onondaga County. There has also been discussion about ethics and legality of the program and there are varying opinions. Legislator Newell added that the program could be a short-lived program, however according to the numbers from DA Perfetti, the “dollars that Cortlandville would reap are significant if the Traffic Diversion Program gets approved. Supervisor Williams thanked Legislator Waldbauer and Legislator Newell for attending the meeting. Under new business, Town Clerk Rocco-Petrella mentioned that the Winter edition of the “Talk of the Town” newsletter was available to the public. The Town recently mailed Town residents a postcard to notify them that the newsletter is available either online, by email or mail. Those residents who are interested in receiving a copy of the newsletter were asked to complete a form on the Town’s website (cortlandville.org) as to how they would like to receive their copy (mail, email, website). She thanked all those involved in the newsletter and mailing, with special thanks to Nick Alteri for his efforts. Town Clerk Rocco-Petrella reminded the public that the 2022 Cortlandville Town/County tax bills are due by January 31, 2022 without penalty. Her office would be open on Saturday, January 29, 2022 from 9:00 a.m. - 12:00 p.m. for the purpose of tax collection. JANUARY 19, 2022 TOWN BOARD MEETING PAGE 5 Attorney DelVecchio reported: Solar Moratorium: Attorney DelVecchio reminded those in attendance that the Solar Moratorium was still in place. The Solar Committee completed its meetings and the proposed ordinance was written and was in the process of being properly formatted by him. There was, however, one final piece to be incorporated into the proposed ordinance called the Visual Impact Analysis. Committee Member, Mike Barylski was working to complete the analysis and would provide it to Attorney DelVecchio, who would then circulate it to the Solar Committee members to ensure they were all “on board”. The analysis would then be incorporated into the finalized proposed ordinance. Once Attorney DelVecchio completed the formatting of the document, he would provide it to the Supervisor’s office to be added to a Town Board agenda. Mr. Barylski agreed to make a presentation to the Board at that time. Bond Anticipation Note – Gutchess Lumber Sports Complex: Attorney DelVecchio reminded the Board they previously adopted a Bond Resolution for the issuance of a Bond Anticipation Note for Phase 2 of the Gutchess Lumber Sports Complex (GLSC). The proper notice was published in the Cortland Standard. He received an email notification today from Fiscal Advisors that there’s been an award of the new money, $1.3 million at the taxable interest rate of 0.62%, to NBT Bank, which is the dedicated bank of the Town. The Town will have $1.3 million to dedicate to the new construction at GLSC. Supervisor Williams was pleased with the low interest rate. Under new business, Supervisor Williams asked for a motion to receive and file the correspondence from three Town Board members regarding their audit of Town records. Councilman Guido made a motion, seconded by Councilman Testa, to receive and file the following correspondence regarding the audit of Town records for the year 2021 as required: a.) Correspondence from Councilman Theodore Testa, dated January 11, 2022, regarding his review of the Town Clerk/Collector records for the year 2021; b.) Correspondence from Councilman Gregory Leach, dated January 11, 2022, regarding his review of the Town Justice records for the year 2021; c.) Correspondence from Councilman Jeffrey Guido, dated January 12, 2022, regarding his review of the Town Highway and Water/Sewer Department records for the year 2021. All voting aye, the motion was carried. Supervisor Williams reported: EDF Renewables – Article 10 Solar Application: Supervisor Williams mentioned that he and Attorney DelVecchio would be meeting with Jack Honor, the Principal Manager for EDF Renewables, on Thursday (January 27, 2022) regarding the proposed tri-town solar project involving the Towns of Cortlandville, Homer and Solon. He would report back to the Board at a later date. At this time in the meeting, the Board proceeded with new business items. Councilman Guido made a motion, seconded by Councilman Testa, to receive and file the Annual Performance Report for the New York State Community Development Block Grant Economic Development Grant for Seven Valley Specialty Cables (CDBG #287ED967-21), for the period ending December 31, 2021. All voting aye, the motion was carried. Councilman Cobb made a motion, seconded by Councilman Testa, to receive and file the fully executed New York State Community Development Block Grant Agreement between the Town of Cortlandville and NYS Office of Community Renewal, effective January 12, 2021, regarding the 2021 Townwide Housing Rehabilitation Grant (CDBG #287HR317-21). All voting aye, the motion was carried. JANUARY 19, 2022 TOWN BOARD MEETING PAGE 6 RESOLUTION #38 DESIGNATE THE COMMUNITY DEVELOPMENT BLOCK GRANT ENVIRONMENTAL CERTIFYING OFFICER FOR THE TOWN OF CORTLANDVILLE (CDBG #287HR317-21) Motion by Councilman Cobb Seconded by Councilman Testa VOTES: AYE – Williams, Cobb, Guido, Leach, Testa NAY – 0 ADOPTED WHEREAS, the Town of Cortlandville was awarded a Community Development Block Grant from the U.S. Department of Housing and Urban Development through the New York State Office of Community Renewal, as administered by the State of New York; and WHEREAS, the Town of Cortlandville is required to designate an environmental certifying officer for the purpose of signing required environmental documents pertaining to this CDBG award; and NOW, THEREFORE, BE IT RESOLVED, that the Supervisor of the Town of Cortlandville be hereby designated as the Town’s environmental certifying officer for the purpose of signing correspondence and other required documents and forms. RESOLUTION #39 AUTHORIZE SUPERVISOR TO SIGN DOCUMENTATION REGARDING THE ENVIRONMENTAL REVIEW FOR THE TOWN’S 2021 COMMUNITY DEVELOPMENT BLOCK GRANT FOR HOUSING REHABILITATION (CDBG #287HR317-21) Motion by Councilman Cobb Seconded by Councilman Testa VOTES: AYE – Williams, Cobb, Guido, Leach, Testa NAY – 0 ADOPTED BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to sign the required documentation regarding the environmental review for the Town’s 2021 Community Development Block Grant for Housing Rehabilitation (CDBG #287HR317-21). Councilman Cobb made a motion, seconded by Councilman Testa, to receive and file correspondence from Bond Schoeneck & King, dated January 4, 2022, commenting on behalf of RT 13 Rocks, LLC (Cortlandville Sand & Gravel Mine) on the proposed Local Law of 2022 Amending the Town of Cortlandville’s Zoning Code to Further Safeguard the Existing Wellhead Protection Areas within the Town of Cortlandville’s Aquifer Protection District. All voting aye, the motion was carried. Councilman Testa made a motion, seconded by Councilman Guido, to receive and file correspondence from the Cortland County Soil & Water Conservation District, dated January 18, 2022, regarding the proposed Local Law of 2022 Amending the Town of Cortlandville’s Zoning Code to Further Safeguard the Existing Wellhead Protection Areas within the Town of Cortlandville’s Aquifer Protection District. All voting aye, the motion was carried. RESOLUTION #40 SCHEDULE PUBLIC HEARING FOR AN AQUIFER PROTECTION PERMIT APPLICATION SUBMITTED BY SUIT-KOTE CORPORATION FOR FEBRUARY 2, 2022 AT 5:00 P.M. Motion by Councilman Guido Seconded by Councilman Testa VOTES: AYE – Williams, Cobb, Guido, Leach, Testa NAY – 0 ADOPTED JANUARY 19, 2022 TOWN BOARD MEETING PAGE 7 BE IT RESOLVED, a Public Hearing is hereby scheduled for February 2, 2022 at 5:00 p.m., or as soon thereafter as the parties may be heard, via Zoom video and telephone conference concerning an Aquifer Protection Permit application submitted by Suit-Kote Corporation regarding the replacement of tanks and additional tanks for property owned by Cortland Asphalts, located at 1902 Lorings Crossing, tax map #77.00-01-22.000. RESOLUTION #41 SCHEDULE PUBLIC HEARING FOR AN AQUIFER PROTECTION PERMIT APPLICATION SUBMITTED BY DAVID YAMAN FOR FEBRUARY 2, 2022 AT 5:00 P.M. Motion by Councilman Testa Seconded by Councilman Guido VOTES: AYE – Williams, Cobb, Guido, Leach, Testa NAY – 0 ADOPTED BE IT RESOLVED, a Public Hearing is hereby scheduled for February 2, 2022 at 5:00 p.m., or as soon thereafter as the parties may be heard, via Zoom video and telephone conference concerning an Aquifer Protection Permit application submitted by David Yaman regarding a proposed warehouse/manufacturing facility project for property owned by Cortland Commerce Center, LLC, located at 839 Route 13, tax map #95.00-10-01.100. RESOLUTION #42 AUTHORIZE TOWN CLERK TO ADJUST THE WATER CHARGE FOR THE 4TH QUARTER BILLING 2021 FOR PROPERTY LOCATED AT 4329 COSMOS HILL ROAD Motion by Councilman Testa Seconded by Councilman Cobb VOTES: AYE – Williams, Cobb, Guido, Testa NAY – 0 ABSTAIN – Leach ADOPTED WHEREAS, a request was received from Timothy Chace to adjust the water charges for the 4th Quarter Billing 2021 for Account #1261, for service to 4329 Cosmos Hill Road, tax map #76.17- 01-05.000, due to an error with the water meter causing high consumption prior to him moving into the home, and WHEREAS, Water & Sewer Sup’t. Brian Congdon reviewed the request and recommended the Town adjust the water bill as the water meter was defective and was running backwards, therefore BE IT RESOLVED, the Town Board does hereby authorize and direct the Town Clerk to adjust the water charge for the 4th Quarter Billing 2021 in the amount of $84.78, and it is further RESOLVED, the Town Clerk is further authorized to make an adjustment to the water benefit tax to be charged in 2022 if necessary. RESOLUTION #43 AUTHORIZE AND DIRECT THE TOWN ASSESSOR TO GRANT EXEMPTIONS ON THE 2022 ASSESSMENT ROLL PURSUANT TO THE AUTHORITY GRANTED BY EXECUTIVE ORDER NO. 11.1 ISSUED BY THE GOVERNOR OF THE STATE OF NEW YORK Motion by Councilman Guido Seconded by Councilman Testa VOTES: AYE – Williams, Cobb, Guido, Leach, Testa NAY – 0 ADOPTED WHEREAS, on December 26, 2021, Governor Kathy Hochul issued Executive Order No. 11, declaring a State disaster emergency for the entire State of New Yo rk due to the COVID-19 pandemic; and JANUARY 19, 2022 TOWN BOARD MEETING PAGE 8 WHEREAS, this State disaster emergency has resulted in limited hours in municipal offices in the Town of Cortlandville and rendered senior citizens and individuals with disabilities residing in the Town of Cortlandville homebound. These factors combined have made it difficult, if not impossible, for many in these populations to file their real property tax exemption applications in person and many, further, lack the ability to file such applications online; and WHEREAS, in recognition of the above problems caused by the pandemic, Governor Hochul issued Executive Order No. 11.1 on December 26, 2021, thereby extending Executive Order No. 11. This extension of the Governor’s Executive Order modifies subdivisions 7, 7-a and 8 of section 459-c of the Real Property Tx Law and subdivisions 5, 5-a, 5-b, 5-c and 6 of section 467 of the Real Property Tax Law, the effect of which permits the governing body of an assessing unit (i.e., the Town Board of the Town of Cortlandville), to adopt a Resolution directing the Assessor to grant exemptions on the 2022 assessment roll to all property owners who received such exemptions on the 2021 assessment roll (i.e., senior citizens and individuals with disabilities with limited income), thereby dispensing with the need for such persons to file renewal applications to request such exemptions, and further dispensing with the requirement that assessors mail renewal applications to such persons; and WHEREAS, Executive Order 11.1 further allows the governing body of said assessing unit, in any such Resolution, at its option, to include procedures by which its Town Assessor may require a renewal application to be filed if he has reason to believe that an owner who qualified for the exemption on the 2021 assessment roll may have since changed his or her primary residence, added another owner to the deed, transferred the property to a new owner or died; and WHEREAS, pursuant to said Executive Order, the Town Board of the Town of Cortlandville wishes to adopt such Resolution directing the Town Assessor of the Town of Cortlandville to grant exemptions on the 2022 assessment roll to all eligible senior citizens and individuals with disabilities with limited income, and granting the Town Assessor of the Town of Cortlandville the authority to require renewal applications for due cause, as discussed above, utilizing procedures outlined below; NOW THEREFORE, BE IT RESOLVED, pursuant to the authority granted by Executive Order No. 11.1, issued by the Governor of the State of New York, that the Town Board of the Town of Cortlandville hereby directs the Town Assessor of the Town of Cortlandville to: 1. Grant exemptions on the 2022 assessment roll to all individuals who received the senior exemption on the 2021 assessment roll and all individuals who received the exemption on the 2021 assessment roll because they were recognized as a person with disabilities and limited income, thereby dispensing with the need for any such individuals to file renewal applications for such exemptions, except that; 2. The Town Assessor may, in his sole discretion, require a renewal application to be timely filed with his office if he has reason to believe that any such individual, who qualified for the aforementioned exemption on the 2021 assessment roll, may have since changed their primary residence, added another owner to the deed for the relevant property, transferred such property to a new owner or died. If the Town Assessor requires such renewal application to be filed, he shall notify the owner of the subject property of such requirement by regular mail, with such notice shall contain instructions on how to file the renewal application. Said renewal application may be returned by mail or by making an appointment to drop same off at the Town Assessor’s office, 3577 Terrace Road, Cortland, New York. RESOLUTION #44 AUTHORIZE SUPERVISOR TO SIGN THE 2022 CONTRACT WITH VALLEY VIEW GARDENS & LANDSCAPING, INC. FOR LANDSCAPE MAINTENANCE AT THE RAYMOND G. THORPE MUNICIPAL BUILDING Motion by Councilman Testa Seconded by Councilman Guido VOTES: AYE – Williams, Cobb, Guido, Leach, Testa NAY – 0 ADOPTED JANUARY 19, 2022 TOWN BOARD MEETING PAGE 9 BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to sign the contract with Valley View Gardens & Landscaping, Inc. to provide landscaping and maintenance at the Raymond G. Thorpe Municipal Building for the year 2022, for a total amount not to exceed $2,715.00. RESOLUTION #45 ADOPT COVID-19 ISOLATION AND QUARANTINE PROTOCOL DATED JANUARY 10, 2022 AS TOWN POLICY Motion by Councilman Cobb Seconded by Councilman Testa VOTES: AYE – Williams, Cobb, Guido, Leach, Testa NAY – 0 ADOPTED BE IT RESOLVED, the Town Board does hereby adopt the COVID-19 Isolation and Quarantine Protocol dated January 10, 2022 as Town Policy, as provided by the Town’s Human Resources consulting firm, HR1 Human Resources. Supervisor Williams asked if there was any further business to come before the Board. No further comments or discussion were heard. Councilman Testa made a motion, seconded by Councilman Cobb, to adjourn the Regular Meeting. All voting aye, the motion was carried. The meeting was adjourned at 5:41 p.m. Respectfully submitted, Kristin E. Rocco-Petrella, RMC Town Clerk Town of Cortlandville *Note: The draft version of this meeting was submitted to the Town Board for their review on February 14, 2022. The final version of this meeting was approved as written at the Town Board meeting of February 16, 2022.