The URL can be used to link to this page

Home My WebLink About2022-02-16 Town Board Minutes FEBRUARY 16, 2022 5:00 P.M. PUBLIC HEARING NO. 1 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 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 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”. 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; Planning Board Member, Ann Hotchkin; Cortland County Legislator and Town Planning Board Chair, Chris Newell; Zoning Board of Appeals Member, Bernice Potter-Masler; Amelia McLean-Robertson from Bond Schoeneck & King; Pedro Rodriguez; Bennet Ramsay; Edward Staudenmayer; Town Residents: Bill Crane; 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. Attorney DelVecchio: Thank you very much. Before Supervisor Williams opens up the floor to the public for the Public Hearing, I just want to note on the record that this matter has been previously scheduled for Public Hearing. And though the proposed Local Law itself amending the ordinance has been amended from a previous version that was available to the public to accommodate and essentially comply with the recommendations that were made by the County Planning Board. The County Planning Board indicated in its report that they recommended that there be a mention of the fact that if this were adopted by this Board, that it would protect the City of Cortland Wells. And so that has that change… that modification has been made and is in the current version of the proposed Local Law. I just want to make that clear to the public. With that said, go ahead, Tom. Supervisor Williams: Thank you. Does anybody have any question about that? Any Board member? Seeing none I will open the floor to comment. Anybody who wishes to speak in favor of this? Is there anybody who wishes to speak in opposition? For the second time, is there anybody who wishes to speak in favor or in opposition to this? And, for a third and final time, is there anybody who wishes to speak for or against this amendment? If not, I close the Public Hearing and we will proceed with the business meeting. Supervisor Williams asked if there any requests for privilege of the floor. No requests were made. No further comments or discussion were heard. The Public Hearing was closed at 5:09 p.m. FEBRUARY 16, 2022 5:09 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; Planning Board Member, Ann Hotchkin; Cortland County Legislator and Town Planning Board Chair, Chris Newell; Zoning Board of Appeals Member, Bernice Potter-Masler; Amelia McLean-Robertson from Bond Schoeneck & King; Pedro Rodriguez; Bennet Ramsay; Edward Staudenmayer; Town Residents: Bill Crane; News Reporters: Eddie Velasquez 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 receive and file the Cortlandville Zoning Board of Appeals Minutes of December 21, 2021. All voting aye, the motion was carried. Councilman Testa made a motion, seconded by Councilman Guido, to approve the Draft Town Board Minutes of January 19, 2022. All voting aye, the motion was carried RESOLUTION #61 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 #151-229 HG, SF, SS, SW General Fund A $ 22,218.33 General Fund B $ 5,603.45 Highway Fund DA $ 0.00 Highway Fund DB $ 28,835.45 Gutchess Lumber SC Project HG $ 4,998.80 C’Ville Fire District SF $ 0.00 Sewer Fund SS $ 31,191.13 Water Fund SW $ 22,336.45 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 Supervisor Williams mentioned that there were no requests for privilege of the floor. Supervisor Williams offered privilege of the floor to Cortland County Legislator, Chris Newell to provide a legislative update to Board and to those in attendance. County Legislator Newell: Well, let me give you just a quick heads up on what's going on at the Legislative level. For 2021, our sales tax was up over 20% over 2020 and 2019. That's an increase of 4.5 million dollars. And our total was 37 million dollars. So, that's significant. And, The American Rescue Plan is going very well. I'd like to read the definition of exactly what it is. FEBRUARY 16, 2022 TOWN BOARD MEETING PAGE 2 Cortland County has been awarded over 9 million dollars through the Federal American Rescue Plan to support projects that will provide economic resiliency and enhanced communities that have negatively been affected by COVID-19. So this is sort of a once in a lifetime benefit for the County. We've already distributed or helped out probably 10 to 15 businesses, and now we're looking at additional areas that we can help people out. The Courthouse, which is over a 100 years old, needs a roof, needs front stairs, needs exit doors, and improvement on the elevator, and a heating system. Not that we're gonna do all of that, but we probably will be starting on the steps very soon. We also, and you may have read in today's paper, the police are going to be getting body cameras and car cameras. The Age Well Center at the Cortland Commerce Building on South Main Street, we awarded them $175,000 and that should be opening up within the next month, we hope. Let's see, tomorrow night at this time we're going to be given a report by the Burke Group which we hired to analyze our payroll and wages compared to 5 other similar Counties. And, we just want to make sure that we're competitive with other Counties. And, we hate to lose people because they may be paying $5, $10, $15 thousand more for the same position. So we spent a lot of money training people, and we want to retain good help. So we'll see how that presentation goes tomorrow night. But, for a change of pace it all seems pretty good at the Legislative level right now. Things could change a month from now. But does anyone have any questions? Supervisor Williams: Make a comment Chris. I think I mentioned this to you before, but the last week the new chairman, Kevin Fitch, and the new mayor, Scott Steve and I spent a couple hours discussing areas of common concern, areas where we may be able to mutually benefit each other. And, lot of details were discussed. I guess I'd be remiss if I didn't say I thought it went very, very well. It was harmonious. And, it seems as if there's a lot of interest in working together. Perhaps sharing equipment that is a sort of a one-shot deal type thing, to some programs, to whatever. As I said, it was a very wide-ranging conversation. But, I came away from it, feeling that this was really a step in the right direction. And, it started, actually started back end of last year with Paul Heider and mayor elect and I sat down and talked. And then there was a leadership change, obviously down where you are in your house. And, that seemed to all be coming together. And, it's very nice when people can work together rather than apart. And, I just wanted that to be in the record on the record that things appear to be working very well. County Legislator Newell: Good to hear. Supervisor Williams: Anybody else? Jay? Jeff? Greg? Teddy? Anybody have a question or comment? Councilman Guido: Just thank you, Chris, for coming in and keeping us up to date here. We appreciate that. County Legislator Newell: Okay, yeah. We'll try to do this every month. You know, as far as keeping you in the loop with the Legislative actions. Councilman Cobb: Appreciated it. Supervisor Williams: Really is. We were gonna do it before and then COVID came, and this happened, and that happened, and you know the song. So. But, I think this is a step in the right direction as well as what I just talked about. So, I thank you, Chris. Supervisor Williams offered privilege of the floor to Town Planning Board Member, Ann Hotchkin. Town Planning Board Member, Ann Hotchkin: Thank you. Hi, everybody! I know all of you guys and just a little background, for over 25 years I ran the City's Sidewalk program. I did a lot of grant writing when I was at Thoma for almost 30 years. And then the last 3 years of my, before I retired, I was the Mobility Manager at Seven Valleys Health Coalition. So, and then I was asked to be on the Town Planning Board and also on the Comprehensive Plan Committee. So, as part of the Comprehensive Plan, we kind of… it said in it that, you know, having a walkable community is important to us. And I don’t want to try to sell you guys on sidewalks. Can I assume that, in theory, you guys are pretty much in favor of sidewalks? Is that fair to say? Supervisor Williams: As you know, we talked about this the last time, and it was, I would say there was… I won't say there was a huge concern, but there was some questions raised, and you're welcome to sell us. FEBRUARY 16, 2022 TOWN BOARD MEETING PAGE 3 Town Planning Board Member, Ann Hotchkin: Yeah, and right now, in order to bite this subject off into small pieces. We're kind of concentrating on major routes like Tompkins Street, and 13, and 281. There's some gaps there. And, maybe you'll all agree you see a lot of people walking down those streets. We're not thinking that we're going into residential areas, and all of a sudden, installing sidewalks. But you know, remembering that it's not just cars that use our streets, it’s runners, bicyclists, and people with disabilities. So, the first thing that came up to the Planning Board was Cayuga Med. And, we went back and forth with a lot of discussion about that down and around the old Wilcox Tire site and would we require them to have a sidewalk, and they hadn’t planned on it. And there were not sidewalks on either side of them. So, after great discussion and plus it's a DOT highway, you know, would there be money from the DOT to possibly work with the Town on financing sidewalks there or grant money. So we kind of put that aside and the Planning Board still wanted to figure out where we're all going with respect to sidewalks. So that's what happened with that project. We invited, you have my memo and Chris's memo from, hopefully from, December 2nd, where we invited Karen Missell from the DOT, and she met with Chris and I and the Town Highway Superintendent, and the Town Supervisor and we discussed sidewalks in general. And Tom said that he would be getting together with the Code Office to make sure that existing sidewalks are maintained. And the other issue, that will probably take a little longer, is deciding when we get a project before us on the Planning Board, where are we going to prioritize sidewalks. So then I took Karen on a drive through around the Town, primarily along Tompkins Street and 281 and we had some discussion about some specific sites. She said, for example, we could probably write a letter, maybe from Tom, to the DOT, indicating that the new residential area to the south of JM Murray Reagan Development, which is still in progress. They plan on having sidewalks along Route 13, and that we would probably ask the DOT to do an enhanced crosswalk over to Walmart owing to the fact that probably people would cross over there on foot. That would be at their expense not at the Town's expense. So, that we know wher e we're going if we get in another Cayuga Med… I will also back up and say, well she didn't guarantee it, that there may be existing grant monies out there, left over from previous projects or money that we could apply for to help with this sidewalks. So, we’re not coming to the Town saying, can you give us 4 million dollars for sidewalks. But, certainly we want to make sure that you’re in agreement that a good place to start is to fill in the gaps on the two major highways where we just said. Cause there may be… you know, even with the infrastructure, the federal money coming down, we want to be prepared. And what we thought we would do, with your blessing, is to get a map from County Planning and have that indicate where sidewalks are missing, and then prioritize areas where we think we should start. And then have a policy, later on, as to where we are going to put sidewalks when a project comes before us on a major highway. So, I probably threw a lot at you. I have more information. But, I will field any questions from you if you have them. Councilman Cobb: This is Jay. I think that probably explains a little bit better than what we were looking at last year… last time around. Especially we were concerned about sidewalks leading to nowhere. Town Planning Board Member, Ann Hotchkin: Right? Right. Councilman Cobb: I think that was our big concern. I think this is a little bit better explanation. And yeah… Town Planning Board Member, Ann Hotchkin: And we didn't know with Cayuga Med, would it be a really good first start or would it be exactly what you said, and sometimes better to get one big pour, you know, when the grade line is better. And I won't say it was an easy decision. But that's where we were and we don't want to be there again. Councilman Cobb: Yep. Supervisor Williams: The one thing, Ann, that we did talk about at the last meeting is the crosswalk situation on 13. And the need for, probably, some kind of enhanced safety measures built in. And, I think the Board was sort of an agreement that that was, I won't say more important, but as important as the linear sidewalk. As you said, there's a housing project proposed across from Walmart, and I can just see, hey, Johnny run over to Walmart and get a loaf for bread. And that's, you know my background, and that's a disaster waiting to happen. Town Planning Board Member, Ann Hotchkin: Yes, there were a couple and I said, you know, my husband and I try to walk from Moe’s over to Lowes. And with cars being able to go right out of that parking lot that’s also not very pedestrian friendly. I don't think there is a crosswalk there, but… and also when you can go right on red at Footies Freeze at the same time the crosswalk is giving you the green light people halfway through the crosswalk with a baby carriage and some FEBRUARY 16, 2022 TOWN BOARD MEETING PAGE 4 guy came with a pickup truck, and I really thought they were gonna get hit. So, I think there are some other crosswalks besides the one that's proposed for Reagan Development. Supervisor Williams: Oh, there are. It's… I mean any of that Route 13 281, you're talking four lanes, at minimum, sometimes six lanes, with, you know, the right on red and all that stuff. And, there are ways to improve that where traffic stops the whole time. We do the strobe light thing. You do the audio thing. And, for me that's more important than the linear sidewalks, or as important, not maybe more important. But, linear sidewalks aren't going to kill people trying to get across six lanes of Route 13 on a Friday afternoon could. Town Planning Board Member, Ann Hotchkin: Yeah. So if you guys agree, we would get started with the enhanced crosswalk with Reagan Development, since they're already talking to the DOT, and we don't want to miss the opportunity there and either put in a second letter that talks about the different issues that we, as a Town, see on those highways and see what they can do about it. I always thought it would be so simple to put up a sign of Footies Freeze that says, beware of pedestrians in the crosswalk. And I had asked, even before I came on the Town Board. And it fell on deaf ears, so and then we would take these maps, as I said and write down our one through ten our most important sidewalk areas for us as a Planning Board and get back to the Town Board to see if you agree. So we don’t want to do anything that the Town Board isn’t fully aware of. Supervisor Williams: That's fine. I think I speak for everybody if whatever you want… However, you want to proceed with planning at Planning Board. You have, I would say, I think I could say, you have our blessing. Is that correct? Councilman Cobb: Yes. Councilman Guido: Yes. Supervisor Williams: Okay. Town Planning Board Member, Ann Hotchkin: Well, thank you so much. And, we're gonna keep chipping away at this, and we will definitely get back to you. Supervisor Williams: We appreciate that. Thank you. Town Planning Board Member, Ann Hotchkin: Alright. Thanks. Councilman Testa made a motion, seconded by Councilman Guido, to receive and file the following monthly reports: 1. Water/Sewer Department – January 2022; 2. Town Clerk – January 2022; 3. Tax Collector – January 2022; 4. Town Justice Mathey and Town Justice Demarco – January 2022; 5. Cortland Community SPCA – January 2022; All voting aye, the motion was carried. RESOLUTION #62 ACCEPT THE GASB STATEMENT NO. 75 ANNUAL REPORT Motion by Councilman Testa Seconded by Councilman Cobb VOTES: AYE – Williams, Cobb, Guido, Leach, Testa NAY – 0 ADOPTED BE IT RESOLVED, the GASB Statement No. 75 Annual Report, Other Post -Employment Benefits, for the year 2021 as prepared by Armory Associates, LLC Actuarial Consulting Group, 250 South Clinton Street, Suite 502, Syracuse, NY 13202 is hereby accepted and shall be received and filed. Under old business, there was discussion as follows regarding the proposed Local Law of 2022, 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 16, 2022 TOWN BOARD MEETING PAGE 5 Supervisor Williams: Moving on to Old Business. This is the Wellhead Protection Areas Within the Town of Cortlandville’s Aquifer Protection District and other related Amendments. I'm going to turn the floor over to John DelVecchio and or Kristin. Attorney DelVecchio: Thanks, Tom. So the first aspect of this is to go through SEQR. And, since this is a Type 1 action we're first going to address Parts 1 and 2 of the Full Environmental Assessment Form. I know that all of you have reviewed that. I just want to make sure you all have. Have you? Supervisor Williams: Yes. Attorney DelVecchio: Okay. Regarding Part 1 of the Full Environmental Assessment Form. Does everybody agree with how it's filled out? Supervisor Williams: Yes Attorney DelVecchio: Okay. Moving on to Part 2 of the Full Environmental Assessment Form. What I'd like to do with this is to just go through, briefly, all of the 18 factors. You all know what this is about. It involves thoroughly in a detailed fashion reviewed the proposed Local Law and let's address each factor one by one. And this is going to be a yes or no. And I know that you all have reviewed the Part 2 of the Full Environmental Assessment Form. Number 1. Impact on Land. Proposed action may involve construction on or physical alteration of the land surface of the proposed site. Supervisor Williams: No. Councilman Cobb: No. Councilman Testa: No. Councilman Guido: No. Councilman Leach: No. Attorney DelVecchio: And I think we should do. Tom, yes. You know, Jeff, no. Yes/No stuff like that. Can we do it like that? Supervisor Williams: Yes. Attorney DelVecchio: So, regarding Impact on Land, let's go around the room. Supervisor Williams: Tom, no. Councilman Testa: Ted, no. Councilman Cobb: Jay, no. Councilman Guido: Jeff, no. Councilman Leach: Greg, no. Attorney DelVecchio: Moving on to 2, Impact on Geological Features. The proposed action may result in the modification or destruction of or inhibit access to any unique or unusual land forms on the site. Supervisor Williams: Tom, no. Councilman Testa: Ted, no. Councilman Cobb: Jay, no. Councilman Guido: Jeff, no. FEBRUARY 16, 2022 TOWN BOARD MEETING PAGE 6 Councilman Leach: Greg, no. Attorney DelVecchio: Moving on to 3, Impacts on Surface Water. The proposed action may affect one or more wetlands or other surface water bodies. Supervisor Williams: Tom, no. Councilman Testa: Ted, no. Councilman Cobb: Jay, no. Councilman Guido: Jeff, no. Councilman Leach: Greg, no. Attorney DelVecchio: Factor number 4, Impact on Groundwater. The proposed action may result in new or additional use of groundwater, or may have the… excuse me, or may have the potential to introduce contaminants to groundwater or an aquifer. Supervisor Williams: Tom, no. Councilman Testa: Ted, no. Councilman Cobb: Jay, no. Councilman Guido: Jeff, no. Councilman Leach: Greg, no. Attorney DelVecchio: Number 5, Impact on Flooding. The proposed action may result in development on land subject to flooding. Supervisor Williams: Tom, no. Councilman Testa: Ted, no. Councilman Cobb: Jay, no. Councilman Guido: Jeff, no. Councilman Leach: Greg, no. Attorney DelVecchio: Number 6, Impacts on Air. The proposed action may include a State regulated air emissions source. Supervisor Williams: Tom, no. Councilman Testa: Ted, no. Councilman Cobb: Jay, no. Councilman Guido: Jeff, no. Councilman Leach: Greg, no. Attorney DelVecchio: Impact on Plants and Animals. The proposed action may result in the loss of flora or fauna. Supervisor Williams: Tom, no. Councilman Testa: Ted, no. Councilman Cobb: Jay, no. Councilman Guido: Jeff, no. FEBRUARY 16, 2022 TOWN BOARD MEETING PAGE 7 Councilman Leach: Greg, no. Attorney DelVecchio: Number 8, Impact on Agricultural Resources. The proposed action may impact agricultural resources. Supervisor Williams: Tom, no. Councilman Testa: Ted, no. Councilman Cobb: Jay, no. Councilman Guido: Jeff, no. Councilman Leach: Greg, no. Attorney DelVecchio: Number 9, Impact on Aesthetic Resources. The land use of the proposed… excuse me. The land use of the proposed action are obviously different from, or are in sharp contrast to, current land use patterns between the project and a scenic or aesthetic resource. Supervisor Williams: Tom, no. Councilman Testa: Ted, no. Councilman Cobb: Jay, no. Councilman Guido: Jeff, no. Councilman Leach: Greg, no. Attorney DelVecchio: Number 10, Impact on Historic and Archaeological Resources. The proposed action may occur in or adjacent to a historical archaeological resource. Supervisor Williams: Tom, no. Councilman Testa: Ted, no. Councilman Cobb: Jay, no. Councilman Guido: Jeff, no. Councilman Leach: Greg, no. Attorney DelVecchio: Getting in a good flow here. Number 11, Impact on Space and Recreation. The proposed action may result in a loss of recreational opportunities or reduction of an open space resource as designated in any adopted municipal open space plan. Supervisor Williams: Tom, no. Councilman Testa: Ted, no. Councilman Cobb: Jay, no. Councilman Guido: Jeff, no. Councilman Leach: Greg, no. Attorney DelVecchio: Number 12, Impact on Critical Environmental Areas. The proposed action may be located within or adjacent to a critical environmental area. Supervisor Williams: Tom, no. Councilman Testa: Ted, no. Councilman Cobb: Jay, no. FEBRUARY 16, 2022 TOWN BOARD MEETING PAGE 8 Councilman Guido: Jeff, no. Councilman Leach: Greg, no. Attorney DelVecchio: 13, Impact on Transportation. The proposed action may result in changes to existing transportation systems. Supervisor Williams: Tom, no. Councilman Testa: Ted, no. Councilman Cobb: Jay, no. Councilman Guido: Jeff, no. Councilman Leach: Greg, no. Attorney DelVecchio: 14, Impact on Energy. The proposed action may cause an increase in the use of any form of energy. Supervisor Williams: Tom, no. Councilman Testa: Ted, no. Councilman Cobb: Jay, no. Councilman Guido: Jeff, no. Councilman Leach: Greg, no. Attorney DelVecchio: 15, Impact on Noise, Odor, and Light. The proposed action may result in an increase in noise, odors, or outdoor lighting. Supervisor Williams: Tom, no. Councilman Testa: Ted, no. Councilman Cobb: Jay, no. Councilman Guido: Jeff, no. Councilman Leach: Greg, no. Attorney DelVecchio: Impact on Human Health. The proposed action may have an impact on human health from exposure to newer existing sources of contaminants. Supervisor Williams: Tom, no. Councilman Testa: Ted, no. Councilman Cobb: Jay, no. Councilman Guido: Jeff, no. Councilman Leach: Greg, no. Attorney DelVecchio: 17, Consistency with Community Plans. The proposed action is not consistent with adopted land use plans. Supervisor Williams: Tom, no. Councilman Testa: Ted, no. Councilman Cobb: Jay, no. FEBRUARY 16, 2022 TOWN BOARD MEETING PAGE 9 Councilman Guido: Jeff, no. Councilman Leach: Greg, no. Attorney DelVecchio: Finally, 18, Consistency with Community Character. The proposed action is inconsistent with the existing community character. Supervisor Williams: Tom, no. Councilman Testa: Ted, no. Councilman Cobb: Jay, no. Councilman Guido: Jeff, no. Councilman Leach: Greg, no. Attorney DelVecchio: With that said, all the answers to the factors in Part 2 of the Full Environmental Assessment Form. This is going to be a negative declaration regarding SEQR. We have discussed, as you know, a written Resolution regarding the proposed Local Law itself specifically as it pertains to whether or not there's been a significant adverse environmental impact for purposes of SEQR. What I'd like to do at this time is to turn it over to Kristin, and have her read that proposed Resolution. Supervisor Williams: Thank you John. Town Clerk Rocco-Petrella: Okay. … At this time in the meeting Town Clerk Rocco-Petrella read the proposed Resolution, in its entirety aloud, entitled “A RESOLUTION DETERMINING THAT AN ACTION TO ENACT LOCAL LAW NO. 1 OF 2022, TO AMEND THE TOWN’S ZONING CODE TO FURTHER SAFEGUARD THE EXISTING WELLHEAD PROTECTION AREAS AND OTHER RELATED AMENDMENTS WILL NOT HAVE A SIGNIFICANT ADVERSE ENVIRONMENTAL IMPACT”. Town Clerk Rocco-Petrella: Everyone's still with me? Attorney DelVecchio: Great, great job. Councilman Testa: Very good Kristin. Attorney DelVecchio: Thank you, Kristin, I appreciate it. Town Clerk Rocco-Petrella: You’re welcome. Attorney DelVecchio: That being said, the proposed Resolution, I just want to note for the record that we have discussed a Notice of Determination of Non-significant Negative Declaration with respect to SEQR. Which is also in written form and mentioned in that proposed Resolution. I just want to go around the farm and have all of you acknowledge that you have received and reviewed that document. Real quick. Supervisor Williams: Tom, aye. Councilman Testa: Ted, aye. Councilman Cobb: Jay, aye. Councilman Guido: Jeff, aye. Councilman Leach: Greg, aye. Attorney DelVecchio: I thank you very much, and with that said, I'd ask for somebody to make a motion to adopt that proposed Resolution in toto. FEBRUARY 16, 2022 TOWN BOARD MEETING PAGE 10 Councilman Cobb: Jay, I’ll make the motion. Supervisor Williams: Thank you Jay. Councilman Testa: I'll second it. Supervisor Williams: Thank you Ted. We have a motion by Jay, and second by Ted. All those in favor? Tom, aye. Councilman Testa: Ted, aye. Councilman Cobb: Jay, aye. Councilman Guido: Jeff, aye. Councilman Leach: Greg, aye. RESOLUTION #63 A RESOLUTION DETERMINING THAT AN ACTION TO ENACT LOCAL LAW NO. 1 OF 2022, TO AMEND THE TOWN’S ZONING CODE TO FURTHER SAFEGUARD THE EXISTING WELLHEAD PROTECTION AREAS AND OTHER RELATED AMENDMENTS WILL NOT HAVE A SIGNIFICANT ADVERSE ENVIRONMENTAL IMPACT Motion by Councilman Cobb Seconded by Councilman Testa VOTES: AYE – Williams, Cobb, Guido, Leach, Testa NAY – 0 ADOPTED WHEREAS, the Town Board of the Town of Cortlandville (the “Town Board”) is the duly elected legislative body within the Town of Cortlandville; and WHEREAS, it is the intention of the Town Board to provide additional protections to its existing public drinking water supply wells, and Town officials have had ongoing discussions with the Cortland County Soil and Water Conservation District (“SWCD”) and the Cortland County Health Department (“CCHD”) regarding the need to protect the Otter-Dry Creek Aquifer (the “Aquifer”) which is located beneath much of the Town, and the public drinking water supply wells (“Public Wells”) that obtain water from the Aquifer; and WHEREAS, the Town Board has proposed the adoption of Local Law Number 1 of 2022 (the “Local Law”) which is intended to provide further protections to the Public Wells and the Aquifer; and WHEREAS, the water from the Aquifer is the primary source of drinking water for the Town of Cortlandville, as well as the City of Cortland; and WHEREAS, the Aquifer has been designated a “Sole Source Aquifer” by the United States Environmental Protection Agency in accordance with the Safe Drinking Water Act, because it is the sole or principal source of a community’s drinking water; and WHEREAS, the Aquifer has been designated a “Primary Aquifer” by the State of New York because it is a “highly productive aquifer[ ] presently utilized as sources of water supply by major municipal water systems”; and WHEREAS, federal law known as the Safe Water Drinking Act (the “SWDA”) established a wellhead protection program to protect the quality of groundwater used in public water supply systems, with “wellhead protection area” defined as: “the surface and subsurface area surrounding a water well or wellfield, supplying a public water system, through which contaminants are reasonably likely to move toward and reach such water well or wellfield”; and WHEREAS, “Wellhead Protection Areas” were enacted by the Town of Cortlandville in Article IA of the Town’s existing Zoning Code, based upon a report prepared by the SWCD entitled FEBRUARY 16, 2022 TOWN BOARD MEETING PAGE 11 “Delineation of Wellhead Protection Areas, Town of Cortlandville and City of Cortland, New York – May 2002” (the “SWCD Report”); and WHEREAS, the Wellhead Protection Areas identified in the SWCD Report each contain three “Wellhead Protection Zones” labeled as Zone 1A, Zone 1B and Zone 2, based on the proximity of land in that zone to the public drinking water wells, with Zone 1A requiring the most protection, followed by Zone 1B and then Zone 2; and WHEREAS, the Wellhead Protection Zones identified by the SWCD Report were previously adopted by the Town of Cortlandville and identified in its zoning code (the “Zoning Code”); and WHEREAS, the Wellhead Protection Zones in the Town relate to the Public Wells in the Town, two being located adjacent to Lime Hollow Road and one located adjacent to Terrace Road; and WHEREAS, an additional Wellhead Protection Area in the Town was delineated by SWCD in the SWCD Report within the boundaries of the Town of Cortlandville, which corresponds to the City of Cortland’s Public Wells located immediately adjacent to the Town; and WHEREAS, although the Wellhead Protection Areas and Wellhead Protection Zones were previously established in the Town’s Zoning Code, as part of the Town’s existing Aquifer Protection District, the Local Law is intended to establish a separate zoning overlay district because certain land uses adjacent to the public drinking water wells present a more direct threat to the Town’s drinking water supply and require more specific regulation than currently exists; and WHEREAS, the Town of Cortlandville duly forwarded the proposed Local Law to the Cortland County Planning Agency (“County Planning”) in accordance with General Municipal Law § 239- l and m, on or about October 26, 2021; and WHEREAS, on or about November 12, 2021, County Planning recommended approval of the Local Law with the following conditions: 1. that the proposed local law reference the City of Cortland public water supply wells in the Statement of Intent and Establishment of Wellhead Protection Zones sections [and] 2. compliance with SEQR requirements. WHEREAS, County Planning’s first condition of approval has been incorporated into the current version of the Local Law, and the second condition is being met by the Town Board as indicated in this Resolution; and WHEREAS, the Town Board hereby characterizes the enactment of this Local Law as a "Type I Action" for purposes of SEQRA; and WHEREAS, the Town Board intends to fulfill the role of "Lead Agency" for purposes of the required SEQRA review; and WHEREAS, no other state or local agency has discretionary approval authority with respect to the enactment of a local law within the Town of Cortlandville, and therefore, there are no other SEQRA “involved agencies”, and no coordination of the SEQRA review is required; and WHEREAS, the Town Board has reviewed and adopted Parts 1 and 2 of a Full Environmental Assessment Form (the "Full EAF") with respect to the Action, in order to make its determination of significance as required by the SEQR regulations; and WHEREAS, copies of Parts 1 and 2 of the Full EAF and copies of each will be on file at the office of the Town; and WHEREAS, SEQRA requires the lead agency to “determine the significance” of an action, a determination that a proposed action either “may include the potential for at least one significan t adverse environmental impact”, or that “there will be no adverse environmental impacts or that the identified adverse environmental impacts will not be significant”, as per § 617.7(a) of the New FEBRUARY 16, 2022 TOWN BOARD MEETING PAGE 12 York State Department of Environmental Conservation’s SEQRA regulations (the “SEQRA Regulations”), 6 NYCRR § 617.7(a); and WHEREAS, criteria for determining the significance of the environmental impacts associated with an action including adoption of this Local Law are identified in § 617.7(c) of the SEQRA Regulations, which provides examples of actions that may have a significant adverse impact on the environment; and WHEREAS, the examples noted in the SEQRA regulations relate primarily to physical impacts, changes and/or impairments, such as changes in existing air, surface or groundwater quality, increases in traffic or noise levels, or impacts on vegetation or fauna, or, alternatively, conflicts with community goals or plans or other activities that might induce growth or impacts; NOW, THEREFORE, BE IT RESOLVED BY THE MEMBERS OF THE TOWN OF CORTLANDVILLE TOWN BOARD, AS FOLLOWS: After considering the following: the Action contemplated; the criteria for determining significance in the SEQRA Regulations; Parts 1 and 2 of the Full EAF; the Town Board’s knowledge of its drinking water system and the importance of the Aquifer in the Town which is the sole source of the water serving its Public Wells; and the information contained within the SWCD Report; the Town Board makes the following findings and determinations with respect to the Action: Section 1. 1. The adoption of Local Law No. 1 of 2022 is a Type I action for purposes of SEQRA. 2. As the sole “involved agency” with respect to this legislative enactment, the Town is Lead Agency for purposes of this review. 3. As there are no other “involved agencies” with respect to this legislation, no coordinated review is conducted. 4. The Town Board adopts the information contained in Parts 1 and 2 of the Full EAF for the Action. Section 2. The Town Board hereby finds that the adoption of Local Law Number 1 of 2022 will not have any significant adverse environmental impacts for the following reasons: 1. The Action consists of legislation drafted for the express purpose of protecting the health, safety, and welfare of the residents of the Town. It will do so by establishing a zoning overlay district which will enable it to regulate land uses more effectively within existing Wellhead Protection Areas and Wellhead Protection Zones in the Town in order to protect the Town’s Public Wells. The Local Law will help reduce the potential for contamination of the Town’s Public Wells by establishing criteria, regulatory mechanisms, procedures, and prohibitions that will regulate development within Wellhead Protection Zones based upon the proximity of certain land uses to such wells. The Local Law will also apply to land uses within Wellhead Protection Zones in the Town delineated by the SWCD to protect the Public Wells in the adjoining City of Cortland. 2. The adoption of this Local Law will not cause, create, or induce any physical change to the environment. It will not cause any physical adverse environmental impact. Instead, it will reduce rather than cause adverse environmental impacts through the enactment of additional standards and protections in the immediate vicinity of the Town’s Public Wells. 3. The Wellhead Protection Areas and Wellhead Protection Zones identified in the existing Zoning Code and the proposed Local Law were established through the SWCD Report. The following relevant information is contained in the report: FEBRUARY 16, 2022 TOWN BOARD MEETING PAGE 13 a. The Town of Cortlandville’s three Public Wells are in the Aquifer, which spans both the Town of Cortlandville and the City of Cortland. b. Groundwater in the Aquifer is the source of drinking water for both the Town of Cortlandville and the City of Cortland, and much of the recharge area for the Aquifer and the Public Wells in both communities is located within the Town of Cortlandville. c. The SWDA established a federal program to protect the quality of groundwater used in public water supply systems, known as the “Wellhead Protection Program”. The federal program requires each state to develop its own wellhead protection program and the New York State Department of Health, which implements the program in New York, strongly encourages wellhead protection for all wells that are sources of public drinking water. d. As described in the SWCD Report, the SWCD identified Wellhead Protection Areas both within the Town and elsewhere in the Aquifer with the assistance of the Cortland County Health Department (“CCHD”) and the United States Geological Survey (“USGS”), using a computer model developed by the USGS. The SWCD Report states that the assumptions inputted into the model were developed jointly by the Town of Cortlandville, the City of Cortland Water Board, SWCD, CCHD, USGS and Clough Harbour & Associates (“CHA”), a consulting firm involved in the project. e. Based upon the availability of the sophisticated USGS model, and its own extensive understanding of the Aquifer, SWCD used a methodology known as “time of travel”, to develop Wellhead Protection Zones in which risk to public wells was calculated based upon the length of time it would take for contaminants to reach the Public Wells, from different locations near such wells. f. The SWCD Report identified three “wellhead protection zones”, and labeled them: Zone 1A, Zone 1B and Zone 2. Wellhead Protection Zones corresponding to those identified in the SWCD Report were previously established within the Town of Cortlandville Zoning Code. g. “Zone 1A” represents the highest risk for contamination of the Public Wells. It consists of land that is over the Aquifer, within the recharge area for the Public Wells, and immediately surrounding the Public Wells. Zone 1A receives the most protection in the proposed Local Law because contamination originating in Zone 1A would take the shortest amount of time, two years or less according to SWCD Report, to reach the Public Wells from areas within that area. h. “Zone 1B” consists of land that is above the Aquifer and located within the recharge areas for the Public Wells, but further away from the Public Wells than Zone 1A. Contamination originating in such areas is still a threat to the Public Wells, but poses less of a risk than Zone 1A because it would take more time to reach the wells. Therefore, the Local Law is less restrictive in those areas. Contamination originating in Zone 1B would take two to five years to reach the Public Wells according to the SWCD Report. i. “Zone 2” is above the Aquifer and in the recharge area for the Public Wells, but it is such a distance from the wells that contaminants originating within that zone would take more than five years to reach the well according to the FEBRUARY 16, 2022 TOWN BOARD MEETING PAGE 14 SWCD Report. Therefore, while regulated under the Local Law, land uses in those areas will be less restricted. j. The Town of Cortlandville operates three Public Wells, two located adjacent to Lime Hollow Road, and one adjacent to Terrace Road. k. The Local Law prohibits the following uses in Zone 1A within the Town: (1) The discharge, land application or disposal of any hazardous material, toxic substance, or radioactive material (as defined by any applicable state or federal law). (2) The production or processing of bulk quantities of any hazardous material or toxic substance (as defined by any applicable state or federal law). (3) The open storage of pesticides, herbicides, or fungicides (as defined by any applicable state or federal law). (4) The dumping or disposing of snow or ice collected off-site from roadways or parking areas. (5) The open or bulk storage of coal or chloride salts. (6) Any form of underground injection of hazardous materials or toxic substances (as defined under any applicable state or federal law). (7) Gas stations, solid waste disposal facilities and junkyards. (8) Any activities associated with industrial development as per Section 178-77 of Article XIV (Conditional Permit) of the Cortlandville Town Code. (9) The use of septic system additives and cleaners which contain toxic substances or hazardous materials (as defined by applicable state or federal law). (10) The disposal of toxic substances or hazardous materials (as defined under applicable state or federal law) by means of discharge to a septic system. (11) All new Mines and all forms of Mining are prohibited within Wellhead Protection Zone 1A, except that existing Mines in such areas may continue to operate if previously permitted, and may expand laterally within the existing property, but may not expand into and below the water table in Wellhead Protection Zone 1A unless such expansion or operation below the water table was previously permitted by the NYSDEC prior to the enactment of this provision. l. The Local Law does not prohibit any of the aforementioned uses in Zone 1B or Zone 2 of the Overlay District, provided they are authorized uses in the underlying zoning district, except that certain of those uses will require a Special Permit. 4. The SWCD Report identifies the rationale and assumptions associated with the Wellhead Protection Zones that were previously incorporated into the Town’s zoning law. FEBRUARY 16, 2022 TOWN BOARD MEETING PAGE 15 5. Zones 1A, 1B and 2 for the Lime Hollow wells are identified in Figure 7 of the Report (appended as Exhibit A); and Zones 1A, 1B and 2 for the Terrace Road municipal well are depicted in Figure 6 of the Report (Exhibit B). All Wellhead Protection Areas within the Town are depicted in Figure 5 of the Report (Exhibit C herein). 6. The Local Law is fully consistent with the Town of Cortlandville’s “NYS Route 281/13 Corridor Area Land Use & Aquifer Protection Plan” prepared by Clough, Harbour Associates, LLP dated June 19, 2002. 7. No questions in Part 2 of the Full EAF revealed any potentially moderate to large environmental impact associated with the Action. 8. Because the Action will not result in any physical changes and will only protect important environmental resources, adoption of the Local Law will not result in any significant adverse environmental impacts and, thus, will not require the preparation of an environmental impact statement. 9. As a consequence of the foregoing, the Town Board hereby issues a negative declaration with respect to the adoption of Local Law Number 1 of 2022 and hereby adopts the form of the Notice of Determination of Non-Significance attached hereto and incorporated herein. Section 3. The Town Clerk is requested to file the attached Notice of Determination of Non - Significance, along with this Resolution and Exhibits with the Town Supervisor, the Town Board, and the Town Planning Board, in files that are readily accessible to the public, and to submit copies of each of these documents to: the Cortland County Planning Agency; Mayor, City of Cortland; City of Cortland Water Department; the Cortland County Soil Water Conservation District; the Cortland County Health Department; and Route 13 Rocks, LLC. Additionally, the Town Attorney should ensure that the prescribed ENB SEQRA Notice Publication Form for this Type I Negative Declaration is completed and submitted to the Environmental Notice Bulletin by e-mail at: enb@dec.ny.gov. Section 4. This Resolution shall take effect immediately. Attorney DelVecchio: Thank you very much. Next aspect of this is for somebody to make a motion to adopt the proposed Local Law as written. And I think, Kristin, we should incorporate the County recommendations, which essentially have already been incorporated into the SEQR Resolution that we just adopted. Town Clerk Rocco-Petrella: I think, if I just put that in the adopting Resolution that's… it went to County Planning that would be sufficient. Right? Attorney DelVecchio: Understood. Do you want to make a motion? Councilman Guido: I'll make that motion. Councilman Testa: I’ll second it. Supervisor Williams: Thank you. All those in favor? Tom, aye. Councilman Testa: Ted, aye. Councilman Cobb: Jay, aye. Councilman Guido: Jeff, aye. Councilman Leach: Greg, aye. Attorney DelVecchio: Thank you very much. Proceed, Tom. FEBRUARY 16, 2022 TOWN BOARD MEETING PAGE 16 RESOLUTION #64 ADOPT LOCAL LAW NO. 1 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 Guido Seconded by Councilman Testa VOTES: Supervisor Williams Aye Councilman Cobb Aye Councilman Guido Aye Councilman Leach Aye Councilman Testa Aye 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 amending the Zoning Ordinance and Map of the Town of Cortlandville titled, “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”, 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, pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Conservation Law it has been determined by the said Town Board that adoption of said proposed Local Law would not have a significant effect upon the environment and could be processed by their applicable governmental agencies without further regard to SEQRA, and WHEREAS, the Town Board issued a Negative Declaration under SEQRA and adopted the form of the Notice of Determination of Non-Significance, and WHEREAS, the proposed Local Law was forwarded to the Town and County Planning Boards for review and recommendations, and WHEREAS, the Cortland County Planning Board recommended approval of the proposed Local Law with conditions, which were complied with and incorporated into the proposed Local Law, 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. 1 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”, 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. Be it enacted by the Town Board of the Town of Cortlandville as follows: A LOCAL LAW AMENDING THE TOWN OF CORTLANDVILLE’S ZONING CODE TO FURTHER SAFEGUARD THE EXISTING WELLHEAD PROTECTION AREAS LOCATED WITHIN THE TOWN OF CORTLANDVILLE’S AQUIFER PROTECTION DISTRICT FEBRUARY 16, 2022 TOWN BOARD MEETING PAGE 17 BE IT ENACTED by the Town Board of the Town of Cortlandville, as follows: SECTION 1. TITLE. This Local Law shall be known as the “A Local Law to Amend the Zoning Code to Further Safeguard the Existing Wellhead Protection Areas Within the Town of Cortlandville’s Aqui fer Protection District and Other Related Amendments.” SECTION 2. STATUTORY AUTHORITY. This Local Law is intended to be consistent with and is enacted by the Town Board of the Town of Cortlandville pursuant to its authority to adopt laws under the New York State Constitution, the New York State Municipal Home Rule Law, and the New York State Town Law. It is intended and is hereby declared to address matters of local concern only and is intended to act in furtherance of the Town’s authority with respect to existing zoning and land use laws and its police powers, related to the planning and physical use of real property within the Town. This Local Law is intended to replace, modify and/or supplement identified provisions of the “1985 Zoning Local Law of the Town of Cortlandville, Cortland County, New York”. SECTION 3. PURPOSE AND INTENT. The Town Board finds that it is in the best interest of the Town of Cortlandville to enact additional protective measures within Chapter 178 of the Town Code entitled “Zoning”, in order to further safeguard the Town’s drinking water supply wells, and where applicable, the City of Cortland’s public water supply because certain Wellhead Protection Areas within the Town are located within the contributing area to the City’s Public Wells immediately adjacent to the Town. As such, the Local Law is intended to protect the health and welfare of the citizens of the Town and the public generally, and to reorganize, enact additions and amendments to various provisions in the Code to best effect those safeguards in a manner that the Board believes is legally sustainable. Figures depicting the Wellhead Protection Areas are appended as Exhibit A. SECTION 4. ADDITIONS, DELETIONS AND MODIFICATIONS TO PART II OF GENERAL LEGISLATION OF THE TOWN OF CORTLANDVILLE CODE, PART II, CHAPTER 178 – ZONING. 1. The following definitions are hereby added to Section 178-2 of Article I entitled: “Definitions”: “Mine” Any excavation from which a mineral is to be produced for sale or exchange, or for commercial, industrial or municipal use; all haulageways and all equipment above, on or below the surface of the ground used in connection with such excavation, and all land s included in the life of the mine as identified in any permit issued by the New York State Department of Environmental Conservation. “Mining” The extraction of overburden and minerals from the earth; the preparation and processing of minerals, including any activities or processes or parts thereof for the extraction or removal of minerals from their original location and the preparation, washing, cleaning, crushing, stockpiling or other processing of minerals at the mine location so as to make them suitable for commercial, industrial, or construction use; exclusive of manufacturing processes, at the mine location; the removal of such materials through sale or exchange, or for commercial, industrial or municipal use; and the disposition of overburden, tailings and waste at the mine location. "Mining" shall not include the excavation, removal and disposition of minerals from construction projects, exclusive of the creation of water bodies, or excavations in aid of agricultural activities. “NYSDEC” New York State Department of Environmental Conservation. “Public Wells” FEBRUARY 16, 2022 TOWN BOARD MEETING PAGE 18 Municipal or public drinking water supply wells. “Wellhead Protection Area” The surface and subsurface area surrounding a drinking water well, supplying a public water system, through which contaminants are reasonably likely to pass before reaching such well or group of wells, as designated pursuant to New York’s Wellhead Protection Program. Wellhead Protection Areas are located within Wellhead Protection Area Districts which overlay other districts within the Town. While Wellhead Protection Areas are generally located with the Town’s Aquifer Protection District, they contain separate requirements than the Aquifer Protection District because land uses within Wellhead Protection Areas in the Town provide a more immediate threat to Public Wells. 2. The title of Article IA is changed to “Wellhead Protection Area District”. 3. Existing § 178-2.1 is hereby replaced with the following provision: Statement of Intent. The purpose and intent of the Wellhead Protection Area District is to preserve the quality and quantity of limited drinking water resources to ensure a safe and plentiful public drinking water supply. This is accomplished through the establishment of an overlay district that is coterminous with the Wellhead Protection Areas and Wellhead Protection Zones within such Wellhead Protection Areas identified in § 178-2.3. This overlay district contains regulatory prohibitions and procedures governing land uses within the Wellhead Protections Areas which are in the Town. Such Wellhead Protection Areas correspond to the Town’s own Public Wells and the City of Cortland’s Public Wells located immediately adjacent to the Town. 4. Add the following as new § 178-2.2: § 178-2.2 Scope and authority. The Wellhead Protection Area District shall be considered as overlying other zoning districts. Any uses permitted in the portion of the districts so overlaid shall be permitted subject to all the provisions of this district, unless prohibited by this district. In the event of any conflict between these Wellhead Protection Area District regulations and any other existing regulations, the more restrictive regulations shall apply. 5. Add the following as new § 178-2.3: § 178-2.3 Establishment of Wellhead Protection Areas and Wellhead Protection Zones. A. The Town of Cortlandville operates three public drinking water supply wells within the Otter-Dry Creek Aquifer which supply drinking water to the residents of the Town. Two of the Town’s Public Wells are located adjacent to Lime Hollow Road (the “Lime Hollow Wells”) and one well is Adjacent to Terrace Road (the “Terrace Road Well ”). Additionally, the City of Cortland operates Public Wells within the City limits, that are located immediately adjacent to its boundary with the Town. B. “Wellhead Protection Areas” and “Wellhead Protection Zones” in the Town of Cortlandville which correspond to the Town of Cortlandville’s Public Wells and the City of Cortland’s Public Wells have been designated by the Cortland County Soil and Water Conservation District with the assistance of the Cortland County Health Department and the United States Geological Survey, in accordance with applicable federal and state laws, rules and policy to protect public drinking water supply wells. These Wellhead Protection Areas were identified in a report entitled: “FINAL Delineation of Wellhead Protection Areas”, dated May 2002 and each Wellhead Protection Area is divided into three separate sub-areas known as “Wellhead Protection Zones”. The Wellhead Protection Areas and Wellhead Protection Zones within such FEBRUARY 16, 2022 TOWN BOARD MEETING PAGE 19 Wellhead Protection Areas in the Town that were designated by the County Soil and Water Conservation District have been adopted by the Town of Cortlandville to facilitate protection of public drinking water systems through the Wellhead Protection Area District. C. Wellhead Protection Zones within the Wellhead Protection Area District are described as follows and are depicted in the Wellhead Protection District Map described in § 178- 4: (1) Zone 1A. Zone 1A includes those land areas within the Town located directly over the aquifer and immediately surrounding each Public Well. It covers those areas within which groundwater is estimated to take approximately two years or less to reach the corresponding well. (2) Zone 1B. Zone 1B includes those land areas within the Town located directly over the aquifer but outside of Zone 1A, within which groundwater is estimated to take approximately five years or less to reach the corresponding well. (3) Zone 2. Zone 2 is also known as the “Watershed Recharge Area” for each well. It includes those land areas within the Town that contribute water to the corresponding Public Well. It can include portions of the aquifer that contribute flow to the supply well and can also include upland areas, outside of the aquifer boundary. It is essentially the drainage area to Zones 1A and 1B. D. Prohibited Uses and Activities. The following uses and activities and expansions of any such existing uses and activities, except as allowed herein, are prohibited within Wellhead Protection Zone 1A regardless of whether such use or activity is an allowable use within the underlying Zoning District that is overlain by that zone: (1) The discharge, land application or disposal of any hazardous material, toxic substance, or radioactive material (as defined by any applicable state or federal law). (2) The production or processing of bulk quantities of any hazardous material or toxic substance (as defined by any applicable state or federal law). (3) The open storage of pesticides, herbicides, or fungicides (as defined by any applicable state or federal law). (4) The dumping or disposing of snow or ice collected off-site from roadways or parking areas. (5) The open or bulk storage of coal or chloride salts. (6) Any form of underground injection of hazardous materials or toxic substances (as defined under any applicable state or federal law). (7) Gas stations, solid waste disposal facilities and junkyards. (8) Any activities associated with industrial development as per Section 178-77 of Article XIV (Conditional Permit) of the Cortlandville Town Code. (9) The use of septic system additives and cleaners which contain toxic substances or hazardous materials (as defined by applicable state or federal law). FEBRUARY 16, 2022 TOWN BOARD MEETING PAGE 20 (10) The disposal of toxic substances or hazardous materials (as defined under applicable state or federal law) by means of discharge to a septic system. (11) All new Mines and all forms of Mining are prohibited within Wellhead Protection Zone 1A, except that existing Mines in such areas may continue to operate if previously permitted, and may expand laterally within the existing property, but may not expand into and below the water table in Wellhead Protection Zone 1A unless such expansion or operation below the water table was previously permitted by the NYSDEC prior to the enactment of this provision. E. The uses identified in subparagraph D above are not prohibited within Wellhead Protection Zone 1B or Zone 2, unless such uses are not authorized in or are otherwise prohibited in the underlying zoning district, but new Mines and Mining may not be undertaken or expanded if located within the Aquifer Protection District without a Special Permit issued pursuant to § 178-46. 6. Renumber existing § 178-2.2 as § 178-2.4. 7. Add new § 178-3 K.: Wellhead Protection Area District. 8. § 178-4 entitled: “Zoning Map” is hereby amended to read as follows: The boundaries of the districts are established as shown on the map entitled “Zoning Map” in this chapter, except that the Aquifer Protection District is set forth on the Aquifer Protection District Map filed with the Town of Cortlandville, and the Wellhead Protection Zones are set forth on the Wellhead Protection District Map filed with the Town of Cortlandville. Reference is also made to § 178-80 B of this chapter herein concerning the filed plan and maps for flood hazard areas. The Zoning Map, the Aquifer Protection District Map and the Wellhead Protection District Map, including any explanatory material on each, are made a part of this chapter. The Town Clerk shall certify each of the maps as part of this chapter and keep them on file in the clerk’s office. Any change to district boundaries or other information depicted in the maps shall be made on the certified Zoning Map, Aquifer Protection District Map and the Wellhead Protection District Map. The local law making any change shall provide for its entry upon the corresponding map. 9. § 178-45 B (3) is replaced with the following: (3) No Mine of any kind is a permitted use within the Aquifer Protection District, except sand and gravel Mines that are located within an underlying Agricultural District provided they are not located within Wellhead Protection Zone 1A. Mines are a special permitted use in Wellhead Protection Zone 1B or Zone 2 in Agricultural Districts that are overlayed by the Aquifer Protection District. 10. Add new § 178-15 F to Uses subject to conditional permit in an Agricultural District: F. Sand and Gravel Mines, unless located within Wellhead Protection Zone 1A. 11. Add new § 178-34 B.: B. Mines of any type. 12. Add new § 178-36.5 B.: B. Mines of any type. FEBRUARY 16, 2022 TOWN BOARD MEETING PAGE 21 13. Add new § 178-36.12 B.: B. Mines of any type. 14. Add new § 178-40.2 C.: C. Mines of any type. 15. Delete § 178-40.4 A. (7) and renumber former § 178-40.4 A. (8), (9) and (10) as (7), (8) and (9). 16. Add new § 178-40.6 C.: C. Mines of any type. 17. Replace § 178-116 with the following: § 178-116 Mines and Mining. A. New Mines. All new Mines and Mining operations within the Town shall be permitted only within Agricultural Districts. To the extent any such proposed new Mine in an Agricultural District is also located within an Aquifer Protection District or Zone 1B or Zone 2 of a Wellhead Protection Area District, they shall be subject to the Special Permit requirements in § 178-46. New Mines located within Zone 1A of the Wellhead Protection Area District are prohibited in accordance with § 178-2.3. B. Existing Mines. Existing Mines located within Zone 1A of a Wellhead Protection Area District may expand only in accordance with § 178-2.3. D (11). Existing Mines not located within Zone 1A of a Wellhead Protection Area District must be either permitted by NYSDEC or exempt by State law from such permit requirements. C. Requirements For Exempt Mines. All new and existing Mines located within an Agricultural District, but which are not located in either Zone 1A of the Wellhead Protection Area District or the Aquifer Protection District, and which are exempt from NYSDEC permitting requirements, must comply with the following requirements: 18. Renumber existing § 178-116 A. through J. as § 178-116 C. (1) through (10). SECTION 5. STATE ENVIRONMENTAL QUALITY REVIEW ACT. This Local Law is classified a Type I action pursuant to 6 NYCRR § 617.4 (b) (2) under the State Environmental Quality Review Act. SECTION 6. SEVERABILITY. If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder hereof, but shall be confined in operation to the clause, sentence, paragraph, section or part hereof directly involved in the controversy in which such determination shall have been rendered. FEBRUARY 16, 2022 TOWN BOARD MEETING PAGE 22 SECTION 7. EFFECTIVE DATE. This Local Law shall become effective ten (10) days after being filed by the Secretary of State. FEBRUARY 16, 2022 TOWN BOARD MEETING PAGE 23 FEBRUARY 16, 2022 TOWN BOARD MEETING PAGE 24 FEBRUARY 16, 2022 TOWN BOARD MEETING PAGE 25 Under new business, there was discussion regarding the receipt of three proposed local laws for the Town of Cortlandville to amend the Town’s Solar Law, and to enact a Battery Energy Storage System Law and a Solar Energy Systems PILOT Law. Attorney DelVecchio apprised the Board and those in attendance that the Town Solar Committee met for many months to discuss and draft revisions to the Town’s Solar Law. A significant amount of work was put into developing the three pieces of legislation for the Town. He recognized and thanked all committee members for their time and effort: Town Resident and retiree from NYS DEC, Michael Barylski; Town Zoning Board of Appeals Member, Carlos Karam; Town resident, Bob Martin; and Town Planning Board Member, Nasrin Parvizi. Attorney DelVecchio recognized Mr. Barylski who was in attendance to discuss the amendment. Mr. Barylski thanked Attorney DelVecchio for the opportunity to speak. He stated that the Town was lucky the Board selected the committee members that they did as the backgrounds of all of the individuals “dovetailed” and complemented each other well. The engineering backgrounds and prior experience of the members was beneficial. Not only did the Committee meet and talk collectively, the members reached out to the New York State Department of Ag & Markets, the New York State Energy and Resource Development Agency, over ten other Town Supervisors, as well as a number of other individuals including a visual assessment by professional known by Mr. Barylski. Mr. Barylski explained that the proposed Solar Law breaks solar projects into three tiers. Tier 1 involves building mounted or building integrated systems. The permits for such projects would be directly issued by the Town Code Enforcement Officer and could be permitted in any zone in the Town. Tier 2 would be for ground-mounted systems that are up to 2,500 square feet in total area, which is about 1/20th of an acre in size. Mr. Barylski stated it would be a small project, most likely for individuals that are looking to build solar panels in order to generate electricity for their own offices, or buildings, or perhaps farm operations. Such projects could be permitted in any zone in the Town. Tier 3 would involve large solar projects and would be broken into two categories; smaller ground-mounted systems up to 10 acres, and ground-mounted systems over 10 acres. Such projects would be limited to agricultural or industrial zones. Mr. Barylski stated that the Committee recognized “that the biggest impact these types of projects have are on the character of the community”. The Committee looked at more than 20 different town Zoning Solar Laws and didn't find anything they particularly liked. In the end, the Committee “looked at the Regulations of the Office of Renewable Energy Citing and ratcheted down to a level that was what we thought was appropriate for the Town of Cortlandville”, which he felt was “a very progressive, very robust visual impact assessment process that will be in place that will allow the Town Planning Board to really assess the visual impact as well as other impacts that projects of this sort would have and be able to either approve or approve with modifications, and really be able to see what the actual impacts are”. Mr. Barylski explained that the Committee also “clarified and improved all of the provisions with regard to sighting, height setbacks, etc. for the tier 3 projects, one of the big factors is limiting the lot coverage to 75% of what the project there, or what the property areas would be”. He stated, “we had some really good provisions that allowed us to get at the issues of decommissioning so that people are comfortable in the final analysis that once permitted that at some end point land will be restored so that there is also a pretty clear financial security requirement so that money will be in place in the event that a project sponsor would default on their operation and so that the Town will be able to come in. And from the very beginning a decommissioning plan that would have to be followed at the endpoint of the project. That’s the solar ordinance itself.” With regard to the proposed Local Law for Battery Storage, Mr. Barylski explained that the Committee looked at the model law provided by NYSERDA and modified sections to make it appropriate for the Town of Cortlandville. The Committee did the same for the proposed Local Law concerning PILOT and Solar Energy Systems. He added that “there are some other concepts that we worked into the ordinance, such as substantial forest conversions and wildlife corridors in terms of protecting them”. Attorney DelVecchio, Supervisor Williams and the Board thanked Mr. Barylski for his time and contributions to the proposed ordinances. At this time the Board had no questions regarding the proposals, which would be referred to the Town and County Planning Boards for review and recommendations. FEBRUARY 16, 2022 TOWN BOARD MEETING PAGE 26 RESOLUTION #65 ACKNOWLEDGE RECEIPT OF A PROPOSED LOCAL LAW OF 2022, “A LOCAL LAW TO AMEND THE ZONING CODE TO PERMIT SOLAR ENERGY SYSTEMS WITHIN THE TOWN OF CORTLANDVILLE, NEW YORK” AND FORWARD TO THE TOWN AND COUNTY PLANNING BOARDS FOR REVIEW AND RECOMMENDATIONS 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 acknowledge receipt of a proposed Local Law of 2022, “A Local Law to Amend the Zoning Code to Permit Solar Energy Systems Within the Town of Cortlandville, New York” as prepared by the Town Attorney and Solar Committee, and it is further RESOLVED, the proposed Local Law shall be forwarded to the Town and County Planning Boards for their review and recommendations. RESOLUTION #66 ACKNOWLEDGE RECEIPT OF A PROPOSED LOCAL LAW OF 2022, TITLED “SOLAR ENERGY SYSTEMS PILOT LAW OF THE TOWN OF CORTLANDVILLE, NEW YORK” AND FORWARD IT TO THE TOWN AND COUNTY PLANNING BOARDS FOR REVIEW AND RECOMMENDATIONS 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 acknowledge receipt of a proposed Local Law of 2022, titled “Solar Energy System PILOT Law of the Town of Cortlandville, New York” as prepared by the Town Attorney and Code Enforcement Officer, and it is further RESOLVED, the proposed Local Law shall be forwarded to the Town and County Planning Boards for their review and recommendations. RESOLUTION #67 ACKNOWLEDGE RECEIPT OF A PROPOSED LOCAL LAW OF 2022, TITLED “BATTERY ENERGY STORAGE SYSTEM LAW OF THE TOWN OF CORTLANDVILLE, NEW YORK” AND FORWARD IT TO THE TOWN AND COUNTY PLANNING BOARDS FOR REVIEW AND RECOMMENDATIONS 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 acknowledge receipt of a proposed Local Law of 2022, titled “Battery Energy Storage System Law of the Town of Cortlandville, New York” as prepared by the Town Attorney and Solar Committee, and it is further RESOLVED, the proposed Local Law shall be forwarded to the Town and County Planning Boards for their review and recommendations. Under new business, Town Clerk Rocco-Petrella apprised the Board she prepared the Request for Proposals (RFP) for Program Deliv ery and Administration for the Town’s recently awarded NYS Community Development Block Grant Housing Rehabilitation (CDBG #287HR317-21). Notice was published in the Cortland Standard, the Minority Reporter, and with FEBRUARY 16, 2022 TOWN BOARD MEETING PAGE 27 New York State Contract Reporter. The proposals are due on Wednesday, March 9, 2022 at 12:00 p.m. and would be reviewed at that time. The contract would be awarded at the March 16, 2022 Town Board Meeting. Attorney DelVecchio had no new business to report. Town Board Member Reports: Councilman Guido apprised the Board he received an inquiry as to whether it was possible for parents to run a concession stand as a fundraiser during baseball season at the Gutchess Lumber Sports Complex (GLCS). He asked Supervisor Williams what the process was to run a concession stand. Supervisor Williams suggested the request be in writing for consideration by the Town. He mentioned that he has a weekly meeting with PBR Tournaments and could discuss the request with them. Councilman Guido stated he would pass the information along. Supervisor Williams reported: Town Policy - COVID Sick Leave: Supervisor Williams apprised the Board he met with the Town’s Human Resource professional, Judy Delluomo, from HR-1 Consulting concerning COVID sick leave and COVID reporting. Mrs. Delluomo is working on a policy for the Town, which Supervisor Williams would bring back to the Board for approval. He also mentioned that the Town received a supply of COVID test kits and N95 masks for distribution to the Town’s employees or Town residents. One test kit would be provided to each Town employee, with additional tests available upon request. Updates to Town’s Information Technology Structure: Supervisor Williams apprised the Board that more time was needed for the Town’s server infrastructure project. The Town’s IT consulting firm, Plan First provided a quote for the additional time needed, that was not anticipated at the onset of the project. Town Clerk Rocco - Petrella explained that Plan First offered to cover half of the cost for the additional hours in labor. She requested the Board take action on the approval of the expenditure to allow Plan First to proceed with completing the project. RESOLUTION #68 AUTHORIZE THE EXPENDITURE OF UP TO $6,000 FOR THE ADDITIONAL LABOR NEEDED FROM PLAN FIRST TECHNOLOGIES, INC. FOR UPDATES TO THE TOWN’S INFORMATIONAL TECHNOLOGY STRUCTURE Motion by Councilman Testa Seconded by Councilman Cobb VOTES: AYE – Williams, Cobb, Guido, Leach, Testa NAY – 0 ADOPTED WHEREAS, per Town Board Resolution #171 of 2021, adopted June 2, 2021, the Town Board authorized the expenditure of up to $30,000 to update and stabilize the Town’s Information Technology Structure as proposed by the Town’s IT, Plan First Technologies, Inc., and WHEREAS, much of the equipment has been purchased and work has been completed on the project, BE IT RESOLVED, the Town Board hereby authorizes the expenditure of up to $6,000 for the additional labor needed from Plan First Technologies, Inc. to complete the Town’s Information Technology Structure FEBRUARY 16, 2022 TOWN BOARD MEETING PAGE 28 New Entryway for Town Hall: Supervisor Williams recalled conversation the Board has had regarding a new entryway for the Raymond G. Thorpe Municipal Building (Town Hall). The estimated cost was originally $150,000, which would come from the ARPA funds awarded to the Town. With no formal vote being taken, it was the Board’s consensus for Supervisor Williams to move forward with the project. Red “X” Warning Signs Posted to Abandoned Buildings: Supervisor Williams apprised the Board he received a phone call from the Cortlandville Fire Department (CVFD) regarding a “placarding program” in the Town. He stated, “You may have seen some buildings around that have a big it's a two-foot by two-foot square, reflectorized, red square with either a line through it or an X crossed through it denoting that, as far as the Code people are concerned, that building is one, not occupied, and two, is a hazard for firemen to go in or on.” He explained that the “placarding program” was a program he started approximately 10 - 12 years ago when he was a Town Code Enforcement Officer, as it is part of the State Fire Code. The "X" warning signs on abandoned, unsafe buildings are another firefighting tool; they are a clear warning for firefighters that a building is unsafe. According to his conversation with the CVFD the Town stopped posting the signs because the placards were expensive and may not reflect well on property values in the area. Supervisor Williams voiced his concerns that the program was not followed and asked for direction from the Board to talk with the Town Code Enforcement Officers and the CVFD to get the problem resolved. The Board voiced their support for the program. RESOLUTION #69 AUTHORIZE SUPERVISOR TO FACILITATE AND DISCUSS A PROGRAM FOR THE RED “X” WARNING SIGNS TO BE POSTED TO ABANDONED, UNSAFE BUILDINGS IN THE TOWN OF CORTLANDVILLE Motion by Councilman Cobb 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 facilitate and discuss a program with the Cortlandville Fire Department and Town Code Enforcement Officers for the posting of Red "X" warning signs on abandoned, unsafe buildings in the Town of Cortlandville as a clear indicator to first responders, police officers, the fire department, and code enforcement officers that the building is unsafe for emergency personnel. RESOLUTION #70 AUTHORIZE EXTENSION OF TIME FOR TAX COLLECTION TO MAY 31, 2022 Motion by Councilman Testa Seconded by Councilman Cobb VOTES: AYE – Williams, Cobb, Guido, Leach, Testa NAY – 0 ADOPTED BE IT RESOLVED, the Supervisor is hereby authorized and directed to sign and forward a request to the Cortland County Treasurer for an extension of time until May 31, 2022, for the collection of taxes in the Town of Cortlandville, pursuant to Section 938 of the Real Property Tax Law. RESOLUTION #71 APPOINT CHERYL KENYON AS A MEMBER OF THE COMPREHENSIVE PLAN IMPLEMENTATION COMMITTEE Motion by Councilman Cobb Seconded by Councilman Testa VOTES: AYE – Williams, Cobb, Guido, Leach, Testa NAY – 0 ADOPTED FEBRUARY 16, 2022 TOWN BOARD MEETING PAGE 29 BE IT RESOLVED, the Town Board does hereby appoint Town resident Cheryl Kenyon as a member of the Comprehensive Plan Implementation Committee for the Town of Cortlandville. There was discussion regarding a proposal from CHA to conduct a study for a new groundwater supply well for the Town of Cortlandville, for property located off of Byrne Hollow Crossing (CHA Project No. 065537; CHA Proposal No. 67530.000). The contract with CHA would be for engineering services related to the possibility of a new well. Supervisor Williams mentioned that the Board has discussed the matter several times as the Town Water & Sewer Superintendents recommended a new supply well be explored. He indicated that he has been in contact with Byrne Dairy to inquire about the possibility of a partnership since they are a huge water user and perhaps using their property for the location of the well. Further discussion must be had, however the study was the first step in the process. Supervisor Williams asked for a motion to proceed with the proposal from CHA, which would include performing field investigations to confirm target locations including geophysical surveys and drilling test borings/wells. RESOLUTION #72 AUTHORIZE SUPERVISOR TO SIGN THE PROPOSAL FROM CHA FOR ENGINEERING SERVICES RELATED TO THE PRELIMINARY STUDY FOR NEW GROUNDWATER SUPPLY WELL IN THE TOWN OF CORTLANDVILLE, REVISED EXTRA WORK AUTHORIZATION NO. 1 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 the proposal from CHA (CHA Project No. 065537; CHA Proposal No. 67530.000) for engineering services related to the Preliminary Study for New Groundwater Supply Well for the Town of Cortlandville, Extra Work Authorization No. 1, which shall include performing field investigations to confirm target locations including geophysical surveys and drilling test borings/wells, for the total estimated cost not to exceed $39,400.00. RESOLUTION #73 ACKNOWLEDGE THE SUPERVISOR’S REQUEST FOR A 30- DAY EXTENSION FROM THE NYS COMPTROLLER’S OFFICE FOR FILING THE 2021 ANNUAL FINANCIAL REPORT (AUD) Motion by Councilman Testa Seconded by Councilman Cobb VOTES: AYE – Williams, Cobb, Guido, Leach, Testa NAY – 0 ADOPTED BE IT RESOLVED, the Supervisor is hereby authorized to request an additional 30-day extension of time from the NYS Comptroller’s Office for filing the 2021 Annual Financial Report (AUD). RESOLUTION #74 AUTHORIZE THE SUPERVISOR TO SIGN THE NYS HOMES & COMMUNITY RENEWAL FEDERAL ASSISTANCE EXPENDITURE FORM FOR THE YEAR 2021 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 the NYS Homes & Community Renewal Federal Assistance Expenditure Form for the year ending December 31, 2021, regarding the Town’s expenditures of Community Development Block Grant (CDBG) program funds in the total amount of $354,187.00. FEBRUARY 16, 2022 TOWN BOARD MEETING PAGE 30 RESOLUTION #75 AMEND THE 2021 BUDGET AND AUTHORIZE SUPERVISOR TO TRANSFER FUNDS Motion by Councilman Testa Seconded by Councilman Cobb VOTES: AYE – Williams, Cobb, Guido, Leach, Testa NAY – 0 ADOPTED BE IT RESOLVED, the Supervisor is hereby authorized and directed to transfer funds to adjust the accounts of the 2021 Budget for the Town of Cortlandville, to complete interfund transfers for the receipt of grant funds for the Gutchess Lumber Sporks Complex - Feasibility Study, and for work completed by Town employees (General Fund A) involving Water and Sewer as follows: FROM TO AMOUNT B3897 B9901.9 $ 75,000.00 HG9901.9 HG201 $ 75,000.00 SS2201 SS9901.9 $ 97,736.00 SW201 SW9901.9 $ 69,812.00 A9901.9 A201 $167,548.00 There was a brief discussion regarding the renewal of the Mobile Home Park Permit for Cortland Estates Trailer Park located at 1054 Route 13. Supervisor Williams explained that Town Code Enforcement Officer, Desiree Campbell completed a reinspection of the Park and recommended the Board approve the renewal of the permit for 2022. RESOLUTION #76 AUTHORIZE RENEWAL OF MOBILE HOME PARK PERMIT FOR CORTLAND ESTATES TRAILER PARK FOR 2022 Motion by Councilman Testa Seconded by Councilman Leach VOTES: AYE – Williams, Cobb, Guido, Leach, Testa NAY – 0 ADOPTED WHEREAS, CNY MHPS, LLC of Rochester, New York, owner, submitted a completed application and the appropriate fee of $945.00 for the renewal of the Cortland Estates Mobile Home Park Permit for property located at 1054 Route 13 in the Town of Cortlandville, tax map #96.09-04-10.000, and WHEREAS, Town Code Enforcement Officer, Desiree Campbell conducted an inspection of the Mobile Home Park on October 28, 2021, and submitted her inspection report to the Town Board for review, and WHEREAS, CEO Campbell noted numerous violations of which ninety percent of the violations have been satisfied per the final re-inspection of the site conducted on February 10, 2022, therefore BE IT RESOLVED, at the recommendation of CEO Campbell the Town Board does hereby approve the Mobile Home Park Permit Renewal for Cortland MHP Associates, Inc. for Cortland Estates Mobile Home Park for the year 2022 with the understanding that continuous progress will be made to the park, and it is further RESOLVED, the Town Clerk is hereby authorized and directed to issue the Mobile Home Park Permit, which shall be valid until December 31, 2022, at which point the permit must be renewed. No further comments or discussion were heard. Councilman Testa made a motion, seconded by Councilman Guido to recess the Regular Meeting to an Executive Session to discuss contracts and personnel. All voting aye, the motion was carried. The meeting was recessed at 6:33 p.m. FEBRUARY 16, 2022 TOWN BOARD MEETING PAGE 31 Councilman Testa made a motion, seconded by Councilman Guido, to adjourn the Executive Session and reconvene the Regular Meeting. All voting aye the motion was carried. The Executive Session was adjourned at 6:30 p.m. Members of the public were invited to return to the meeting at this time. No further comments or discussion were heard. Councilman Testa made a motion, seconded by Councilman Guido, to adjourn the Regular Meeting. All voting aye, the motion was carried. The meeting was adjourned at 7:10 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 24, 2022. The final version of this meeting was approved as written at the Town Board meeting of March 2, 2022.