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Home My WebLink About2022-02-02 Town Board Minutes FEBRUARY 2, 2022 5:00 P.M. TOWN BOARD MEETING The Regular Meeting of the Town Board of the Town of Cortlandville was held via Zoom video and telephone 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; Brian Monroe and Joe Perrone representing Suit-Kote Corporation; Amelia McLean-Robertson, Attorney from Bond Schoeneck & King; Town Resident: Pamela Jenkins; and News Reporters: Eddie Velasquez from the Cortland Voice; and Yuner Gao from the Cortland Standard. Supervisor Williams called the Regular Meeting to order. Before opening the scheduled public hearings, Supervisor Williams requested the Board convene to an Executive Session to discuss litigation. Councilman Guido made a motion, seconded by Councilman Cobb to recess the Regular Meeting to an Executive Session to discuss litigation. All voting aye, the motion was carried. The meeting was recessed at 5:01 p.m. Councilman Testa made a motion, seconded by Councilman Cobb, to adjourn the Executive Session and reconvene the Regular Meeting. All voting aye the motion was carried. The Executive Session was adjourned at 5:23 p.m. Members of the public were invited to return to the meeting at this time. Supervisor Williams asked the Board for a motion to proceed with the Public Hearing concerning the Aquifer Protection Permit application of Suit-Kote Corporation. RESOLUTION #46 PROCEED WITH THE PUBLIC HEARING CONCERNING THE AQUIFER PROTECTION PERMIT APPLICATION SUBMITTED BY SUIT-KOTE CORPORATION Motion by Councilman Testa Seconded by Councilman Cobb VOTES: AYE – Williams, Cobb, Guido, Leach, Testa NAY – 0 ADOPTED BE IT RESOLVED, the Town Board does hereby request the Supervisor proceed with the Public Hearing concerning the Aquifer Protection Permit application submitted by Suit-Kote Corporation for property located at 1902 Lorings Crossing, tax map #77.00-01-22.000. FEBRUARY 2, 2022 5:00 P.M. PUBLIC HEARING NO. 1 AQUIFER PROTECTION PERMIT CORTLAND ASPHALT PRODUCTS CO., OWNER SUIT-KOTE CORPORATON, APPLICANT 1902 LORINGS CROSSING TAX MAP #77.00-01-22.000 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 Suit-Kote Corporation to permit the replacement of two (2) 29,600 gallon tanks with two (2) 40,000 gallon tanks and the addition of two (2) 80,000 gallon tanks which will replace two (2) 63,000 gallon tanks, for property owned by Cortland Asphalt Products Co., located at 1902 Lorings Crossing, tax map #77.00-01-22.000. 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; Brian Monroe and Joe Perrone representing Suit-Kote Corporation; Amelia McLean-Robertson, Attorney from Bond Schoeneck & King; Town Resident: Pamela Jenkins; and News Reporters: Eddie Velasquez 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 offered privilege of the floor to those in attendance. Joe Perrone, the Environmental Health and Safety Director for Suit-Kote Corporation, offered to answer any questions the Board or public may have concerning the application. He mentioned that the Town Planning Board previously reviewed the application and recommended approval of the Aquifer Permit. 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 5:27 p.m. FEBRUARY 2, 2022 5:27 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; Brian Monroe and Joe Perrone representing Suit-Kote Corporation; Amelia McLean-Robertson, Attorney from Bond Schoeneck & King; Town Resident: Pamela Jenkins; and News Reporters: Eddie Velasquez from the Cortland Voice; and Yuner Gao from the Cortland Standard. Supervisor Williams resumed the Regular Meeting. RESOLUTION #47 POSTPONE PUBLIC HEARING CONCERNING A LOCAL LAW OF 2022, “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” SCHEDULED FOR FEBRUARY 2, 2022 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 postpone the Public Hearing scheduled for February 2, 2022 at 5:00 p.m., concerning a proposed Local Law of 2022, “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”. RESOLUTION #48 POSTPONE PUBLIC HEARING CONCERNING THE AQUIFER PROTECTION PERMIT APPLICATION SUBMITTED BY DAVID YAMAN SCHEDULED FOR FEBRUARY 2, 2022 Motion by Councilman Guido Seconded by Councilman Testa VOTES: AYE – Williams, Cobb, Guido, Leach, Testa NAY – 0 ADOPTED BE IT RESOLVED, the Town Board does hereby postpone the Public Hearing scheduled for February 2, 2022 at 5:00 p.m., 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. At this time, the Board proceeded with the regular agenda items. Councilman Testa made a motion, seconded by Councilman Guido, to receive and file the Cortlandville Planning Board Minutes of December 28, 2021. All voting aye, the motion was carried. FEBRUARY 2, 2022 TOWN BOARD MEETING PAGE 2 RESOLUTION #49 AUTHORIZE SUPERVISOR TO SIGN PURCHASE ORDER #0188 TO DELL TECHNOLOGIES TO PURCHASE A NEW COMPUTER FOR THE TOWN OF CORTLANDVILLE Motion by Councilman Testa Seconded by Councilman Guido 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 Purchase Order #0188 to be paid to DELL Technologies (State Contract #C000000005000), for the purchase of a new computer, OptiPlex 3080 Small Form Factor, Intel Core i5-10505/Windows 10, as a spare computer for the Town of Cortlandville, for the total cost of $540.00. RESOLUTION #50 AUTHORIZE PAYMENT OF VOUCHERS – FEBRUARY 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 #73-150 HG, SF, SS, SW General Fund A $ 36,500.58 General Fund B $ 1,250.81 Highway Fund DA $ 0.00 Highway Fund DB $ 59,826.17 Gutchess Lumber SC Project HG $ 110.00 C’Ville Fire District SF $ 843,500.00 Sewer Fund SS $ 129,781.23 Water Fund SW $ 7,300.08 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 #3-4 Trust & Agency TA $ 8,632.49 Expendable Trust TE $ 0.00 Prior to opening up privilege of the floor, Supervisor Williams commented on the Town’s privilege of the floor policy. He explained that requests to speak under privilege of the floor must be made in writing and delivered either electronically or in person to the Supervisor’s Office no later than noon on the day of the meeting. He reiterated that the request does not go to the Town Clerk, to the Attorney, or to anybody else other than his staff as they draft the agenda. Supervisor Williams offered privilege of the floor to Pamela Jenkins. Town Resident Pamela Jenkins: Thank you Mr. Williams and Board members. The long and short of what I'm going to say is that before you can hold a Public Hearing on the Aquifer Protection Permit for the Yaman Development Project you would first have to complete the SEQR review. This means Part 2 and Part 3, if necessary, have to be completed and reviewed. The Town has to issue a negative or positive declaration before permits can be granted. Page 171 of this 2022, I guess you can't see it but it's online, SEQR Handbook says, an agency c annot undertake, fund, or approve an action until it has complied with SEQR. Also, in the same document on page 13, it says 617.3c requires that a complete action… I'm sorry… a complete application for type one action or unlisted action include either a negative declaration or draft EAF that is acceptable to the lead agency. The Yaman Project is a type two… I'm sorry… is a type one action. You can see the report by the County Planning Director Trisha Jesset. Page 170 of the SEQR handbook provides that a Special Use Permit approval is also subject to SEQR and Aquifer Protection Permit would be such an action. Actually, technically the Cortlandville Planning Board should not have been asked to take action on this incomplete application either. As they did at t he last Planning Board meeting. Okay. So to recap, part two of the EAF has to be completed and reviewed as part three, if necessary. A positive or negative declaration has to be arrived at and justified in writing before FEBRUARY 2, 2022 TOWN BOARD MEETING PAGE 3 a Public Hearing on the Aquifer Protection Permit can be held. So, I hope that you will be postponing the Public Hearing on the Aquifer Protection Permit for the Yaman Project. And, I have a partial list of the… wrong list… answers on the EAF. I guess I'll go over them, just to show you that there are many problems. Page 2, CEI the wrong answer was given. Page 2, C2abc the wrong answers were given. Page 3 C3a, the wrong answer is given. Page 3, Project Details D1a, is left blank no information about the intended manufacturing processes is available. Page D6e, is left blank, were here you need to provide information about the impervious surface in relation to the total size of the project. Page 10EAd, is incomplete. Page 10Ag, is left blank. There should be information on the Corona… Smith Corona hazardous waste. Page 10Gh, more information is needed. Page 11E2h there are too many blanks and no responses. Page 12Ed the wrong answer is given, it should be yes. Page 13E3h, the wrong answer is given. Additionally, once the application has been completed with part two and three, if necessary, and the negative or positive declaration it has to be noticed in the DEC’s Environmental Notice Bulletin. And, it has not been. So please postpone this Public Hearing until the application is complete. Thank you. Supervisor Williams thanked Ms. Jenkins for her comments and noted that the Board already postposed the public hearing concerning the Aquifer Protection Permit submitted by Mr. Yaman. Councilman Testa made a motion, seconded by Councilman Guido, to receive and file correspondence from New York State Agriculture and Markets, dated January 18, 2022, and the Municipal Shelter Inspection Report completed on January 11, 2022, concerning the “Unsatisfactory” rating for the dog shelter services at the Cortland Community SPCA with regard to impoundment fees (City of Cortland dog redemption fee). All voting aye, the motion was carried. Councilman Testa made a motion, seconded by Councilman Guido, to receive and file correspondence from New York State Agriculture and Markets, dated January 18, 2022, and the Dog Control Officer Inspection Report completed on January 11, 2022, concerning the “Satisfactory” rating for the dog control officer services at the Cortland Community SPCA. All voting aye, the motion was carried. Councilman Testa made a motion, seconded by Councilman Guido, to receive and file the following monthly reports: 1) Town Supervisor – December 2021; 2) Fire & Safety Inspector/Code Enforcement Officer – January 2022. All voting aye, the motion was carried. Under old business there was a brief discussion regarding the proposed Local Law of 2022 regarding Wellhead Protection Areas in the Town of Cortlandville. The public hearing was cancelled earlier in the meeting. Attorney DelVecchio asked the Board to reschedule the public hearing for February 16, 2022. RESOLUTION #51 RESCHEDULE PUBLIC HEARING FOR FEBRUARY 16, 2022 FOR A LOCAL LAW OF 2022, “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” Motion by Councilman Testa Seconded by Councilman Cobb VOTES: AYE – Williams, Cobb, Guido, Testa NAY – 0 ABSENT – Withey ADOPTED BE IT RESOLVED, a Public Hearing shall be rescheduled for February 16, 2022 at 5:00 p.m. via Zoom video and telephone conference, for a proposed Local Law of 2022, “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”. FEBRUARY 2, 2022 TOWN BOARD MEETING PAGE 4 With regard to the Aquifer Protection Permit application submitted by Suit-Kote Corporation, Attorney DelVecchio requested the Board adopt a Resolution to readopt the “negative SEQR finding by a previous Town Board regarding all of the tanks in question ”. He explained that Suit-Kote was requesting a replacement of tanks that were previously approved by the Planning Board (and Town Board). The Conditional Permits previously granted expired, and Suit- Kote was essentially requesting renewals of all the existing tanks that are there. He stated that, “nothing is substantially changing”, and therefore did not believe that a new SEQR finding has to occur. Attorney DelVecchio suggested the Board adopt two separate resolutions: 1) to “readopt that previous negative declaration finding regarding all of the tanks”; and 2) adopt a “Resolution to readopt the Aquifer Protection Permit or Permits that were issued by the Town Board for all of the tanks”. He also suggested there be a caveat on both resolutions that Suit-Kote will have to go back to the Planning Board for Conditional Permits regarding the additional tanks that were not addressed at the January 25, 2022 Town Planning Board meeting. The Planning Board reapproved Conditional Permits for 2 of the tanks, but not for all the tanks. Attorney DelVecchio indicated that he discussed the matter with Mr. Perrone from Suit-Kote, as did Planning and Zoning Officer, Bruce Weber. Supervisor Williams asked for a motion, echoing Attorney DelVecchio’s recommendations. RESOLUTION #52 ACKNOWLEDGE AND AFFIRM TOWN BOARD RESOLUTION #192 OF 2007 ADOPTED SEPTEMBER 17, 2007, “DECLARE NEGATIVE IMPACT FOR AQUIFER PROTECTION PERMIT #9 OF 2007 SUBMITTED BY SUIT- KOTE CORPORATION FOR THE LORING CROSSING FACILITY” AND TOWN BOARD RESOLUTION #193 OF 2007, “AUTHORIZE SUPERVISOR TO SIGN SEQRA APPLICATION OF AQUIFER PROTECTION PERMIT #9 OF 2007” AS IT RELATES TO AQUIFER PROTECTION PERMIT #2 OF 2022 Motion by Councilman Guido Seconded by Councilman Cobb VOTES: AYE – Williams, Cobb, Guido, Leach, Testa NAY – 0 ADOPTED WHEREAS, an Aquifer Protection Permit application was submitted by Suit-Kote Corporation on December 16, 2021 to permit the replacement of two (2) 29,600 gallon tanks with two (2) 40,000 gallon tanks and the addition of two (2) 80,000 gallon tanks which will replace two (2) 63,000 gallon tanks, for property owned by Cortland Asphalt Products Co., located at 1902 Lorings Crossing, tax map #77.00-01-22.000, and WHEREAS, the Town Board referred the Aquifer Protection Permit to the Town and County Planning Boards for review and recommendations as required at the January 5, 2022 Town Board Meeting (Resolution #25 of 2022), and WHEREAS, the Cortland County Planning Department and Cortland County Planning Board reviewed the application, as did the Town Planning Board, and recommended approval of the Aquifer Protection Permit with conditions, and WHEREAS, the Town Attorney and Town Planning and Zoning Officer determined that the application was similar and nothing has substantially changed from a previously approved Aquifer Protection Permit application and Conditional Permit application submitted by Suit -Kote Corporation in 2007, however the project did not commence and the conditional permit expired, and WHEREAS, SEQR was previously conducted in regard to the project and a Negative Declaration was issued, therefore BE IT RESOLVED, the Town Board hereby acknowledges and affirms Town Board Resolution #192 of 2007, “Declare Negative Impact for Aquifer Protection Permit #9 of 2007 Submitted by Suit-Kote Corporation for the Loring Crossing Facility”, and Town Board Resolution #193 of FEBRUARY 2, 2022 TOWN BOARD MEETING PAGE 5 2007, “Authorize Supervisor to Sign SEQRA Application of Aquifer Protection Permit #9 of 2007”, as it relates to Aquifer Protection Permit #2 of 2022, and it is further RESOLVED, the Town Board shall require Suit-Kote Corporation to return to the Town Planning Board with conditional permit applications regarding the additional tanks that were not addressed or approved by the Town Planning Board at their January 25, 2022 meeting. RESOLUTION #53 ACKNOWLEDGE AND AFFIRM TOWN BOARD RESOLUTION #194 OF 2007 ADOPTED SEPTEMBER 17, 2007, “APPROVE AQUIFER PROTECTION PERMIT #9 OF 2007 SUBMITTED BY SUIT-KOTE CORPORATION FOR THE LORING CROSSING FACILITY SUBJECT TO CONDITIONS” AND APPROVE AQUIFER PROTECTION PERMIT #2 OF 2022 SUBMITTED BY SUIT-KOTE CORPORATION 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, and WHEREAS, the Town Board previously approved Aquifer Protection Permit #9 of 2007, submitted by Suit-Kote Corporation, permitting the installation of a total of 7 tanks for the storage of liquid asphalt emulsion at the emulsion mill and a total of 20 tanks for various uses at the modified asphalt mill, for property located on the south side of Loring Crossing, approximately 650 ft. east of NYS Route 13, tax map parcel #77.00-01-22.000, subject to the following conditions from the Town and County Planning Boards: 1. The applicant obtain approval of the NYS Department of Environmental Conservation (DEC) and remain in compliance with DEC directions relating to possible modifications to existing air quality and major oil storage facility permits. 2. The applicant provide the Town with provisions for removal of the tanks once they are no longer in use. 3. Compliance with the Town’s flood damage prevention regulations as is required for a development permit for flood hazard areas. 4. A negative declaration of environmental impact under SEQR. AND, WHEREAS, the Town Attorney and Town Planning and Zoning Officer determined that the application submitted by Suit-Kote Corporation on December 16, 2021 was similar and nothing substantially changed to a previously approved Aquifer Protection Permit application and Conditional Permit application submitted by Suit-Kote Corporation in 2007, however the project did not commence and the Conditional Permit expired, therefore BE IT RESOLVED, the Town Board does hereby acknowledge and affirm Town Board Resolution #194 of 2007 adopted September 17, 2007, “Approve Aquifer Protection Permit #9 of 2007 Submitted by Suit-Kote Corporation for the Loring Crossing Facility Subject to Conditions”, and approves Aquifer Protection Permit #2 of 2022 submitted by Suit-Kote Corporation subject to the following conditions from the Town and County Planning Boards: 1. That the applicant apply for and obtain a separate conditional permit for phases II & III shown on the site plan. 2. That the Town make a determination as to this project’s compliance with section 178- 81 of the Code of the Town of Cortlandville. 3. That the applicant obtain approval from NYS Department of Environmental Conservation (NYSDEC) including possible modifications to existing permits and Stormwater or SPDES. 4. That any positive consideration of this proposal by the Town be contingent upon DEC approval. 5. That the applicant provide the Town with provisions for removal of the tanks once they are no longer in use. FEBRUARY 2, 2022 TOWN BOARD MEETING PAGE 6 6. Compliance with SEQR requirements. AND IT IS FURTHER RESOLVED, the Supervisor is hereby authorized to sign the permit. Attorney DelVecchio asked Mr. Perrone if he had any questions, or if he was clear as to what Suit-Kote would have to do moving forward. Mr. Perrone indicated that he understood that Suit-Kote was “renewed for our original plan and won’t have to go through SEQR for phases one, two, or three of our current plan before the Board”. Suit-Kote was clear to get a building permit for phase one but would have to go back to the Planning Board for conditional permits for phase two and three. Attorney DelVecchio concurred with Mr. Perrone. There was a brief discussion regarding the Aquifer Protection Permit Application of David Yaman regarding a proposed warehouse/manufacturing facility project located at 839 Route 13, Tax Map #95.00-10-01.100 and 95.00-10-11.200. Supervisor Williams requested the Board reschedule the Public Hearing for the Aquifer Protection Permit to March 2, 2022. RESOLUTION #54 RESCHEDULE PUBLIC HEARING FOR AN AQUIFER PROTECTION PERMIT APPLICATION SUBMITTED BY DAVID YAMAN FOR MARCH 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 rescheduled for March 2, 2022 at 5:00 p.m., 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 and 95.00-10-11.200. At this time in the meeting, the Board proceeded with new business items. Under new business, Town Clerk Rocco-Petrella mentioned that the month of January was very busy in the Town Clerk’s office due to tax collection. She thanked her staff for their hard work. Approximately 80% of the total tax warrant was collected by January 31st. The Town Clerk’s office recently completed a mailing to Town residents notifying them that a new publication of the Town’s Newsletter, “Talk of the Town” was available. The mailing offered residents several options to obtain a copy of the newsletter: 1) electronically – by visiting the Town’s website; 2) by email; 3) by mail; 4) paper copies available at Town Hall. Residents were asked to complete a form online if they wanted to be included on the email or mailing list, or to call the Town Clerk’s office and request a copy. The next edition of the newsletter would be in March. Finally, Town Clerk Rocco-Petrella mentioned the Town’s LED Streetlight project. She informed Town residents there would be a temporary delay in the replacement of streetlights that are out. Since the Town now owns the light fixtures, any lights that are out would be replaced when the entire street is being converted to LED lights. The Town will still make a note of what streetlights are out. Highway Sup’t. Drach added that the Town does not have a way to fix the lights at this time. Supervisor Williams apprised the Board and those in attendance that he has a weekly conference call with Highway Sup’t. Drach and the provider of the streetlights (Siemens). He suggested that once the streetlight replacement commences, if a streetlight is out in “a sensitive area” that it goes to the top of the list for replacement Town Clerk Rocco-Petrella had nothing further to report. Supervisor Williams commended the staff in the Town Clerk’s office for their hard work, mentioning that not only is the office short staffed, but they have also been busy with tax collection and involved in other projects lately such as with the new server infrastructure. He stated, they do it with “grace and style … which is appreciated by everybody.” Supervisor Williams acknowledged and thanked Deputy Town Clerk, Abigail Albro who was also in attendance. Attorney DelVecchio had no new business to report. FEBRUARY 2, 2022 TOWN BOARD MEETING PAGE 7 Councilman Guido made a motion, seconded by Councilman Testa, to receive and file correspondence from Councilman Jay Cobb, dated January 31, 2022, regarding his review of the Town Supervisor’s records for the year 2021. All voting aye, the motion was carried. Supervisor Williams reported: LED Streetlight Project: Supervisor Williams mentioned that the Town’s LED Streetlight Project commenced. The first two lights replaced were on Terrace Road (lights closest to McLean Road). Board members, among others, were asked to look at the two streetlights and make a decision on the bulb color to be used throughout the Town. After discussion, which included the Board members’ preferences, it was decided to replace all streetlights with the bulb color that closely matches the LED streetlights in the City of Cortland. COVID-19 Test Kits: Supervisor Williams announced that his office received a small supply of COVID-19 test kits from the Cortlandville Fire Department. At this time the kits were being reserved for Town employees when needed. Waiver of Park Reservation Fee: Supervisor Williams suggested the Board adopt a resolution to waive the park reservation fee for Town employees and officials for the use of all Town parks. He mentioned he received a request from a Town employee who was in the process of trying to sign up for the use of the pavilion at the Gutchess Lumber Sports Complex for a family event and was told there would be a fee. Supervisor Williams stated the fee waiver was a small bonus for Town employees. RESOLUTION #55 AUTHORIZE WAIVER OF PARK RESERVATION FEES FOR TOWN EMPLOYEES AND OFFICIALS 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 the waiver of Town Park Reservation Fees for all Town of Cortlandville employees and officials. Councilman Cobb made a motion, seconded by Councilman Testa, to receive and file Cortland County Planning Board Resolution #22-01 dated January 19, 2022, and the Cortland County Planning Department Review and Recommendations, dated January 14, 2022, regarding the Aquifer Protection Permit application submitted by David Yaman to construct a multi-phased warehouse/manufacturing facility, for property located at 839 Route 13, tax map #95.00-10-01.110 & 95.00-10-11.200. All voting aye, the motion was carried. Councilman Guido made a motion, seconded by Councilman Testa, to receive and file Cortland County Planning Board Resolution #22-02 dated January 19, 2022, and the Cortland County Planning Department Review and Recommendations, dated January 14, 2022, regarding the Aquifer Protection Permit application submitted by Suit-Kote Corporation to permit the replacement of two (2) 29,600 gallon tanks with two (2) 40,000 gallon tanks and the addition of two (2) 80,000 gallon tanks which will replace two (2) 63,000 gallon tanks, for property owned by Cortland Asphalt Products Co., located at 1902 Lorings Crossing, tax map #77.00-01-22.000. All voting aye, the motion was carried. Councilman Guido made a motion, seconded by Councilman Testa, to receive and file correspondence from Suit-Kote Corporation, dated January 16, 2022, regarding its request to install foundations and tanks at its 1902 Lorings Crossing facility, amending and clarifying its request as it pertains to activities previously approved by the Board and Suit-Kote’s proposed future plans for the site. All voting aye, the motion was carried. FEBRUARY 2, 2022 TOWN BOARD MEETING PAGE 8 Councilman Cobb made a motion, seconded by Councilman Testa, to receive and file the updated plans, received January 18, 2022, regarding the Aquifer Protection Permit application submitted by David Yaman to construct a multi-phased warehouse/manufacturing facility, for property located at 839 Route 13, tax map #95.00-10-01.110 & 95.00-10-11.200. All voting aye, the motion was carried. RESOLUTION #56 AMEND TOWN BOARD RESOLUTION #31 OF 2022 AND AUTHORIZE SUPERVISOR TO SIGN THE REVISED PROPOSAL WITH CHA TO PROVIDE ENGINEERING SERVICES AND CONSTRUCTION DESIGN DOCUMENTS FOR PHASE 2 CONSTRUCTION OF THE GUTCHESS LUMBER SPORTS COMPLEX Motion by Councilman Guido Seconded by Councilman Cobb VOTES: AYE – Williams, Cobb, Guido, Leach, Testa NAY – 0 ADOPTED BE IT RESOLVED, the Town Board does hereby amend Town Board Resolution #31 of 2022, adopted January 5, 2022, “Authorize the Supervisor to Sign the Proposal with CHA to Provide Engineering Services Including Construction Design Documents and Bidding Assistance for Phase 2 Construction of the Gutchess Lumber Sports Complex” to decrease the total cost from $144,200.00 to $116,705.00, and it is further RESOLVED, the Supervisor is hereby authorized and directed to sign the Revised Proposal dated January 25, 2022. RESOLUTION #57 AUTHORIZE TRANSFER OF FUNDS TO BALANCE ACCOUNTS FOR THE 2021 BUDGET Motion by Councilman Testa Seconded by Councilman Guido VOTES: AYE – Williams, Cobb, Guido, Leach, Testa NAY – 0 ADOPTED BE IT RESOLVED, the Budget Officer is hereby authorized and directed to transfer funds to adjust the accounts of the 2021 Budget for the Town of Cortlandville as follows: 1) GENERAL FUND A - TOWN WIDE: Transfer $70,510.82 FROM TO AMOUNT A1110.4 A1110.1 $ 4,937.90 A1340.4 A1340.1 $ 5,509.00 A1340.4 A1355.1 $ 9,898.50 A1430.41 A1430.4 $ 2,350.55 A1620.4 A1620.42 $ 3,655.57 A1990.4 A1680.2 $ 13,031.04 A1990.4 A1680.4 $ 11,355.52 A7110.44 A7110.4 $ 13,830.21 A7510.4 A7550.4 $ 223.34 A9040.8 A9060.8 $ 5,719.19 TOTAL: $ 70,510.82 2) GENERAL FUND B - PART TOWN: Transfer $3,481.29 FROM TO AMOUNT B1460.2 B1640.1 $ 0.02 B4020.4 B4020.1 $ 0.12 B8664.1 B8664.4 $ 1,154.43 B9040.8 B9060.8 $ 2,326.72 TOTAL: $ 3,481.29 FEBRUARY 2, 2022 TOWN BOARD MEETING PAGE 9 3) HIGHWAY FUND – PART TOWN DB: $173.00 FROM TO AMOUNT DB9030.8 DB9010.8 $ 173.00 TOTAL: $ 173.00 4) SS – SEWER FUND: Transfer $39,890.18 FROM TO AMOUNT SS8110.1 SS8110.2 $ 5,920.72 SS1990.4 SS8130.4 $ 10,000.00 SS8110.4 SS8130.4 $ 15,117.49 SS8120.4 SS8130.4 $ 8,851.97 TOTAL: $ 39,890.18 5) SW – WATER FUND: Transfer $24,515.29 FROM TO AMOUNT SW1990.4 SW1420.4 $ 5,197.50 SW8310.4 SW8310.1 $ 732.95 SW8320.4 SW8310.2 $ 8,908.34 SW8340.41 SW8340.42 $ 9,676.50 TOTAL: $ 24,515.29 RESOLUTION #58 AUTHORIZE THE TOWN CLERK TO UPGRADE THE TOWN’S INTERNET SERVICE THROUGH SPECTRUM ENTERPRISE Motion by Councilman Guido Seconded by Councilman Cobb VOTES: AYE – Williams, Cobb, Guido, Leach, Testa NAY – 0 ADOPTED BE IT RESOLVED, the Town Board hereby authorizes and directs the Town Clerk to upgrade the Town’s internet service through Spectrum Enterprise to increase the connection speed of 12x1 to 200x10, as well as a Static IP 1 Block, as the current connection is inadequate for the Town’s needs. There was discussion regarding correspondence from Town Planning Board Chair, Chris Newell, dated January 31, 2022 regarding conditional permit requirements/verification. Supervisor Williams explained that when a conditional permit is granted, the Planning Board suggested there be a procedure to ensure that what the applicant was approved for is what is being done. Supervisor Williams voiced his opposition to the proposal, which included each conditional permit being listed on a spreadsheet or log and someone inspecting the site. He explained that the Town has a complaint-based system it follows. Attorney DelVecchio agreed that the Town has a complaint-based system and that if PZO Weber receives a complaint it is formally conveyed to the Town Code Office; the situation proceeds from there. He stated that the complaint-based system works well and did not think it should be changed. He mentioned that if changed it could take more personnel to implement it and that it would cost the Town more money. Supervisor Williams suggested a motion be made that the Town Board is not interested in pursuing the Planning Board’s suggestion. RESOLUTION #59 RETURN THE “CONDITIONAL PERMIT REQUIREMENTS VERIFICATION” BACK TO THE TOWN PLANNING BOARD WITHOUT ENDORSEMENT Motion by Councilman Guido Seconded by Councilman Cobb VOTES: AYE – Williams, Cobb, Guido, Leach, Testa NAY – 0 ADOPTED WHEREAS, the Town Planning Board recommended the Town Board establish a procedure for Conditional Permits to include verifications at the completion of the applicant’s project, and FEBRUARY 2, 2022 TOWN BOARD MEETING PAGE 10 WHEREAS, the Town Board has determined that such procedure is not necessary at this time as the Town has a complaint-based system in place, therefore BE IT RESOLVED, the Town Board does hereby return the “Conditional Permit Requirements Verification” back to the Town Planning Board without endorsement. There was also discussion regarding the Memo received from Town Planning Board Member, Ann Hotchkin, dated December 2, 2022, regarding sidewalks in the Town of Cortlandville. Supervisor Williams noted that there are areas in the Town with sidewalks, and areas without sidewalks. At the time the proposal for Cayuga Medical was being discussed, for property located on Route 13 (formerly Willcox Tire), it was suggested that a sidewalk be constructed at the developer’s expense. The proposed sidewalk would not connect to a sidewalk on either side of the property, as there are no other sidewalks in the Town on Route 13. The Town Planning Board did not require the developer to install a sidewalk, however some members of the Planning Board were interested in developing a plan for sidewalks. As a result, a Memo was drafted and provided to the Town Board for consideration. Supervisor Williams stated that when sidewalks are constructed, especially on a busy road, curbing would be required which is not only a huge expense, but it affects the paving of roadways which is another huge expense. He informed the Board he attended a meeting with a representative from the NYS DOT and Highway Sup’t. Drach and the subject was discussed at length. The consensus was that the Town would be serving its constituents better to improve crosswalks rather than installing a lot of sidewalks. He mentioned the crosswalk at the intersection of Route 13 and McLean Road/Starr Road could be improved, which the NYS DOT would be looking at. While Supervisor Williams stated he was not advocating for or against sidewalks, he stated that it may be “presumptive and premature” to push ahead with sidewalks at this time. Councilman Guido made a motion to return the Memo back to the Town Planning Board without endorsement. Councilman Cobb seconded the motion, adding that “there’s a place for sidewalks and other places they’re not necessary”. After discussion, Supervisor Williams suggested the Board return the Memo back to the Town Planning Board without endorsement. RESOLUTION #60 RETURN MEMO REGARDING TOWN SIDEWALKS TO THE TOWN PLANNING BOARD WITHOUT ENDORSEMENT Motion by Councilman Guido Seconded by Councilman Cobb VOTES: AYE – Williams, Cobb, Guido, Leach, Testa NAY – 0 ADOPTED WHEREAS, the Town Planning Board recommended the Town Board establish guidelines for requiring sidewalks in the Town of Cortlandville, and WHEREAS, the Town Board has determined that such guidelines are not necessary at this time, therefore BE IT RESOLVED, the Town Board hereby returns the Memo from Town Planning Board Member, Ann Hotchkin regarding Town Sidewalks to the Town Planning Board without endorsement. With no further business to come before the Board, Supervisor Williams requested the Board convene to an Executive Session to discuss personnel and potential litigation. At this time in the meeting, Councilman Leach excused himself from the meeting for personal reasons. Councilman Guido made a motion, seconded by Councilman Cobb to recess the Regular Meeting to an Executive Session to discuss personnel and potential litigation. All voting aye, the motion was carried. The meeting was recessed at 6:13 p.m. Councilman Guido made a motion, seconded by Councilman Cobb, to adjourn the Executive Session and reconvene the Regular Meeting. All voting aye the motion was carried. The Executive Session was adjourned at 6:48 p.m. FEBRUARY 2, 2022 TOWN BOARD MEETING PAGE 11 Members of the public were invited to return to the meeting at this time. No further comments or discussion were heard. Councilman Guido made a motion, seconded by Councilman Cobb, to adjourn the Regular Meeting. All voting aye, the motion was carried. The meeting was adjourned at 6:49 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 23, 2022. The final version of this meeting was approved as written at the Town Board meeting of March 2, 2022.