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HomeMy WebLinkAbout2022-03-16 Town Board Minutes MARCH 16, 2022 5:00 P.M. TOWN BOARD MEETING The Regular Meeting of the Town Board of the Town of Cortlandville was held at the Municipal Garage, 3587 Terrace Road, Cortland, New York with Supervisor Williams presiding. Members present: Supervisor, Thomas A. Williams Councilman, Jay E. Cobb Councilman, Jeffrey D. Guido Councilman, Gregory K. Leach Town Clerk, Kristin E. Rocco-Petrella Others present were: Town Attorney, John DelVecchio; Deputy Town Clerk, Abigail Albro; Town Historian, Nick Alteri; Supervisor’s Secretary, Patty O’Mara; Highway Sup’t. Larry Drach; Jeffrey Maclean, Town Water/Sewer Operator; Connie White; Town Residents: John Reynolds; Pamela Jenkins; Robert Martin; Karen Snyder; Barb Leach; Bernice Potter-Masler; Judy Testa; Ted Testa; Shelly Leclair; Mary Lynn Fabrizio; Dustin Smith; Cheryl Ann Crispell; Andrea Niggli; Jean Williams; David Donlick; and News Reporter: Kevin Smith from the Cortland Voice. Others joining via Zoom video/telephone conference: Assistant to the Supervisor’s Secretary, Amanda Rainbow; Comprehensive Plan Committee Member, Michael Barylski; News Reporter: Yuner Gao from the Cortland Standard; Supervisor Williams called the Regular Meeting to order. He indicated that there was a special announcement to be made prior to conducting regular business items. He turned the floor over to Town Clerk Rocco-Petrella Town Clerk Rocco-Petrella informed those in attendance that she received in her office today a letter from Councilman Testa announcing his retirement effective March 9, 2022, and read the letter aloud as follows: Dear Supervisor & Town Board Members, After careful thought and consideration, I hereby retire as Councilman for the Town of Cortlandville effective March 9, 2022. It is with great appreciation that I am now at a point in my life where I can successfully transition to the next phase. During my 34 years at the Town of Cortlandville, I have been fortunate enough to accomplish many goals and be proud of the things I have achieved, incl uding the vision for Ted Testa Park and Gutchess Lumber Sports Complex. I am grateful for the opportunity to become a part of such a magnificent group of people at the Town of Cortlandville, many of whom have become family. I would like to take this opportunity to thank you all for so many wonderful years. I wholeheartedly wish the Town of Cortlandville a multitude of success. If there is anything I could do for the Town in the future, please know that I would be honored to be considered. Ted Testa RESOLUTION #84 ACCEPT RESIGNATION FROM THEODORE V. TESTA AS TOWN COUNCILPERSON FOR THE TOWN OF CORTLANDVILLE EFFECTIVE MARCH 9, 2022 Motion by Councilman Cobb Seconded by Councilman Guido VOTES: AYE – Williams, Cobb, Guido, Leach NAY – 0 ADOPTED WHEREAS, after 34 years of service to the Town of Cortlandville as Town Councilperson, from January 1, 1988 to March 9, 2022, and as Deputy Supervisor, from May 20, 1990 to January 16, 2019, Theodore V. Testa has submitted his letter of resignation as Town Councilperson, and MARCH 16, 2022 TOWN BOARD MEETING PAGE 2 WHEREAS, Mr. Testa will be remembered for his loyalty and dedication as a respected official of the Town of Cortlandville, and for his passion for parks and recreation, therefore BE IT RESOLVED, the Town Board does hereby accept, with deep regret, the letter of resignation from Theodore V. Testa as an elected Town Councilperson, to be effective March 9, 2022, and it is further RESOLVED, the letter of resignation is hereby received and filed. (Standing ovation.) Supervisor Williams offered privilege of the floor to those in attendance who wanted to give their best wishes to Mr. Testa. Attorney DelVecchio offered his sincere appreciation and best wishes for Councilman Testa in his retirement. He thanked Mr. Testa for his support stating, “Mr. Testa not only supported me but many Cortlandville employees over the years”. Attorney DelVecchio compared Mr. Testa to his grandfather, both pillars of their communities; well-known and well-respected with their families and their Italian American heritage at the forefront. Attorney DelVecchio ending by stating, “Mr. Testa is the kind of man I want to be”. Patty O’Mara, Aide to the Supervisor, offered her sincere appreciation and best wishes for Councilman Testa in his retirement. She stated, “Ted and Judy it’s hard to believe, but I have known you for 46 years”. She remarked on how kind and thoughtful Mr. Testa has been over the years, and that he has always been willing to help. Mrs. O’Mara mentioned Mr. Testa stopping into the Town Hall regularly to make sure everything was running smoothly, often bringing donuts as a treat. She stated, “Ted even though you’re retiring from the Town Board you’re going to be busy at the parks and I love you very much”. Desiree Campbell, Town Code Enforcement Officer, offered her sincere appreciation and best wishes for Councilman Testa in his retirement. She mentioned Mr. Testa’s sense of humor stating it was something she appreciated most about him, reminiscing about multiple occasions with laughter. Ms. Campbell stated, “I started working for Ted when I was 16 folding towels at the tanning salon and Ted quickly became family”. She spoke of how Mr. Testa has helped her with her family over the years, encouraging her through life’s tough times and always pushing her to pursue more. Ms. Campbell thanked Mr. Testa for many years of inspiration. John Folmer, former Town Attorney, offered his sincere appreciation and best wishes for Councilman Testa in his retirement. Mr. Folmer stated, “I know that Mr. Testa is a man that has two basic rocks in his foundation. One is loyalty, and the other is honesty. And over the course of the years that I worked with him I was more than happy to learn, not only how much those two things meant to him, but how hard he worked to live up to those two basic thoughts of his life”. Mr. Folmer mentioned Mr. Testa’s love for his family, his faith, and the Town of Cortlandville including all the hard work Mr. Testa put into Testa Park and Gutchess Park. Mr. Folmer end ed by stating “Teddy, I love you like a brother and we’re all going to miss you”. Connie White offered her sincere appreciation and best wishes for Councilman Testa in his retirement. Ms. White stated, “When I heard Ted, that you were going to retire, I just had to come and tell you and everybody how much I really admire you. Your faithfulness, your spirit, I like your style, and I appreciate, so much, the friendship.” Ms. White commented that she knows Cortlandville will always be in Mr. Testa’s heart and referred to Mr. Testa as “Mr. Cortlandville”. Town Clerk Rocco-Petrella thanked Mr. Testa for his many years of service stating, “the Town is forever grateful for your service … we are in a much better place because of you.” She presented him with a certificate of appreciation celebrating his “34 years of dedicated service and unwavering commitment to the Town of Cortlandville” and provided his impressive statistics: 34 years of service; 8 successful elections; more than 800 Town Board Meetings; 8,670+/- Town Board Resolutions; 531 Public Hearings; 14 Council Members; 4 Town Supervisors; 3 Town Highway Superintendents; 3 Town Clerks; 6 Successful Town Parks; and a community that has benefited greatly because of your service. Town Clerk Rocco-Petrella thanked Councilman Testa for his time, his wisdom, and his friendship. MARCH 16, 2022 TOWN BOARD MEETING PAGE 3 Supervisor Williams congratulated Mr. Testa and thanked him for all he has done for the Town of Cortlandville. He presented Mr. Testa with a jacket bearing his last name and Town of Cortlandville Recreation on the back. He mentioned that while Mr. Testa is retiring from the Board, he would still be working with the Recreation Commission, and to fundraise and support the Town parks. The Town Board and those in attendance applauded Mr. Testa for his outstanding service. Supervisor Williams asked for a five-minute recess at 5:30 p.m. The Town Board Meeting resumed at 5:37 p.m. Councilman Cobb made a motion, seconded by Councilman Leach, to receive and file the Cortlandville Planning Board Minutes of February 22, 2022. All voting aye, the motion was carried. RESOLUTION #85 AUTHORIZE PAYMENT OF VOUCHERS – MARCH Motion by Councilman Guido Seconded by Councilman Cobb VOTES: AYE – Williams, Cobb, Guido, Leach NAY – 0 ADOPTED BE IT RESOLVED, the vouchers submitted have been audited and shall be paid as follows: Funds A, B, DA, DB, Voucher #273-345 HG, SF, SS, SW General Fund A $ 94,785.81 General Fund B $ 6,336.24 Highway Fund DA $ 0.00 Highway Fund DB $ 56,733.81 Gutchess Lumber SC Project HG $ 25,001.25 C’Ville Fire District SF $ 0.00 Sewer Fund SS $ 84,840.98 Water Fund SW $ 45,673.86 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 offered privilege of the floor to Cortland County Legislator, Joe Nauseef. Legislator Nauseef provided an update to the Board on matters before the Cortland County Legislature. The first item he discussed was regarding re-districting of the County Legislators. The County was considering three different models, with 13, 15, or 17 Legislators. He had confidence that the committee working on the proposals would bring something back to the Legislature for consideration that is fair. Legislator Nauseef also mentioned that a study was completed regarding salaries and raises for County employees in hopes to have a competitive pay scale. He explained that the wages/salaries of many employees may need to be increased. Supervisor Williams thanked Mr. Nauseef for attending the meeting. Supervisor Williams offered privilege of the floor to Pamela Jenkins. Town resident, Pamela Jenkins commented on the proposed changes to the “Privilege of the Floor Policy” for the Town of Cortlandville. She suggested that changes be made to allow public participation at the meetings without having to request privilege of the floor by 12:00 p.m. the day of the meeting. She also asked the Board to consider changing the time of the Board meetings to 6:00 p.m. or 7:00 p.m. to increase public participation. Ms. Jenkins’ written comments were provided to the Town Clerk for distribution to the Board members. Supervisor Williams thanked Ms. Jenkins for her comments and suggested the Board not act on agenda item I-10 tonight to review her suggestions further. MARCH 16, 2022 TOWN BOARD MEETING PAGE 4 Councilman Cobb made a motion, seconded by Councilman Leach, to receive and file the following monthly reports: 1. Town Clerk – February 2022; 2. Tax Collector – February 2022; 3. Town Justice Mathey and Town Justice DeMarco – February 2022; and 4. Cortland Community SPCA – February 2022. All voting aye, the motion was carried. Councilman Guido made a motion, seconded by Councilman Cobb, to receive and file correspondence from New York State Agriculture and Markets, dated March 2, 2022, and the Municipal Shelter Inspection Report completed on February 18, 2022, concerning the “Satisfactory” rating for the dog shelter services at the Cortland Community SPCA. All voting aye, the motion was carried. Councilman Guido made a motion, seconded by Councilman Cobb, to receive and file correspondence from New York State Agriculture and Markets, dated March 2, 2022, and the Dog Control Officer Inspection Report completed on February 18, 2022, concerning the “Satisfactory” rating for the dog control officer services at the C ortland Community SPCA. All voting aye, the motion was carried. Councilman Guido made a motion, seconded by Councilman Leach, to receive and file the monthly report of Fire & Safety Inspector/Code Enforcement Officer, Desiree Campbell for the months of January and February 2022. All voting aye, the motion was carried. Councilman Cobb made a motion, seconded by Councilman Guido, to receive and file correspondence from Charter Communications, dated March 7, 2022, and March 11, 2022, regarding programming services. All voting aye, the motion was carried. Under new business, Town Clerk Rocco-Petrella mentioned that moving forward, the Town Board meetings would be following a hybrid model. While meetings would be held in person at the Municipal Garage, the public could also attend the meetings via Zoom video and telephone conference. Information on how to register and join the meetings via Zoom would be available on the Town’s website. Attorney DelVecchio reported: Proposed Local Laws concerning Solar: Attorney DelVecchio apprised the Board that he and Solar Committee Member, Mike Barylski attended the Cortland County Planning Board Staff Meeting in which the Town’s three proposed local laws concerning solar were discussed. He stated that the staff was impressed with the proposed regulations and acknowledged that a lot of time went into drafting them. Attorney DelVecchio stated there would be a few recommendations to the Town after the County Planning Board convenes and completes its review. Aquifer Protection Permit Approval for David Yaman, Cortland Commerce Center, LLC: Attorney DelVecchio reminded the Board that at the March 2, 2022 Town Board meeting the Board addressed SEQR and the Aquifer Protection Permit for Phase I of the multi -phased project. He stated that the “SEQR analysis was squarely addressing Phase I of the project”, which was made clear in the resolution approving the Aquifer Protection Permit. However, he suggested the Board amend the resolution regarding SEQR to make it clear that it was addressing Phase I of the project with the understanding that Mr. Yaman will have to come back to the Planning Board and the Town Board for permits and SEQR for the other phases. MARCH 16, 2022 TOWN BOARD MEETING PAGE 5 RESOLUTION #86 AMEND TOWN BOARD RESOLUTION #78 OF 2022, “A RESOLUTION DETERMINING THAT THE CONSTRUCTION OF A PROPOSED WAREHOUSE/MANUFACTURING FACILITY PROJECT FOR PROPERTY OWNED BY CORTLAND COMMERCE CENTER, LLC LOCATED AT 839 ROUTE 13, TAX MAP #’s #95.00-10-01.110 AND #95.00-10- 11.200 WILL NOT HAVE A SIGNIFICANT ADVERSE ENVIRONMENTAL IMPACT” TO CLARIFY THAT THE SEQRA REVIEW PERTAINED TO PHASE I OF THE PROJECT Motion by Councilman Cobb Seconded by Councilman Guido VOTES: AYE – Williams, Cobb, Guido, Leach NAY – 0 ADOPTED BE IT RESOLVED, the Town Board does hereby amend Town Board Resolution #78 of 2022, “A Resolution Determining that the Construction of a Proposed Warehouse/Manufacturing Facility Project for Property Owned by Cortland Commerce Center, LLC Located at 839 Ro ute 13, tax map #’s #95.00-10-01.110 and #95.00-10-11.200 Will Not Have a Significant Environmental Impact”, to clarify that the SEQRA review pertained to Phase I of the multi-phased warehouse/manufacturing facility project as follows: RESOLUTION A RESOLUTION DETERMINING THAT THE CONSTRUCTION OF PHASE I OF A PROPOSED WAREHOUSE/MANUFACTURING FACILITY PROJECT FOR PROPERTY OWNED BY CORTLAND COMMERCE CENTER, LLC LOCATED AT 839 ROUTE 13, TAX MAP #’s #95.00-10-01.110 AND #95.00-10-11.200 WILL NOT HAVE A SIGNIFICANT ADVERSE ENVIRONMENTAL IMPACT Motion by Councilman Cobb Seconded by Councilman Guido 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, the Applicant has proposed construction of a multi-phased warehouse/manufacturing facility consisting of one 38,000 square foot building, four 30,000 square foot buildings and one 20,000 square foot building, with associated driveways, parking area, loading docks, utility services, storm water management facilities and landscaping for property owned by Cortland Commerce Center, LLC located at 839 Route 13, Tax Map #’s #95.00-10-01.110 and #95.00-10- 11.200 (the “Project”); 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 December 28, 2021; and WHEREAS, on or about January 19, 2022, County Planning recommended approval of the Project with eleven conditions including compliance with SEQR requirements; and WHEREAS, on or about January 25, 2022, the Town of Cortlandville Planning Board approved the Conditional Permit for proposed Building A (38,000 square foot) and Building E (20,000 square foot) of the buildout project, incorporating Items 1 thru 11 of the Cortland County Planning Board’s Resolution No. 22-01 of January 19, 2022, and recommended the Town Board issue an Aquifer Protection District Special Permit and act as Lead Agency under SEQR for the buildout project; and WHEREAS, County Planning’s first ten conditions of approval have been incorporated into the Project, and the last condition is being met by the Town Board as indicated in this Resolution; and WHEREAS, the Town Board hereby characterizes the Project 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 MARCH 16, 2022 TOWN BOARD MEETING PAGE 6 WHEREAS, the Town Board has reviewed and adopted Parts 1 and 2 of a Full Environmental Assessment Form (the "Full EAF") with respect to Phase I of the Project to include one 38,000 square foot building (Building A) and one 20,000 square foot building (Building E), with associated driveways, parking areas, loading docks, utility services, stormwater management facilities and landscaping, 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 significant 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 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 Project contemplated; the criteria for determining significance in the SEQRA Regulations; Parts 1 and 2 of the Full EAF; the Town Board makes the following findings and determinations with respect to Phase I of the Project: Section 1. 1. The Project is a Type I action for purposes of SEQRA. 2. As the sole “involved agency” with respect to this legislative enactment, the Town Board 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 Project. Section 2. The Town Board hereby finds that the Project will not have any significant adverse environmental impacts for the following reasons: 1. No questions in Part 2 of the Full EAF revealed any potentially moderate to large environmental impact associated with the Action. 2. Because the Project will not result in any significant adverse environmental impacts and, thus, will not require the preparation of an environmental impact statement. 3. As a consequence of the foregoing, the Town Board hereby issues a negative declaration with respect to the Project 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. 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. MARCH 16, 2022 TOWN BOARD MEETING PAGE 7 Town Board Member Reports: Councilman Guido apprised the Board the next Linear Park meeting would be held April 4, 2022. He would report back to the Board in the future with new information. Supervisor Williams reported: Town Board Vacancy: Supervisor Williams stated that the Town Board has a vacancy. He asked that interested persons reach out to the Supervisor’s office by noon on Monday, March 21, 2022. RESOLUTION #87 AWARD BID TO THOMA DEVELOPMENT CONSULTANTS FOR PROGRAM DELIVERY AND ADMINISTRATIVE SERVICES FOR THE 2021 CDBG TOWNWIDE HOUSING REHABILITATION GRANT (#287HR317-21) Motion by Councilman Guido Seconded by Councilman Leach VOTES: AYE – Williams, Cobb, Guido, Leach NAY – 0 ADOPTED WHEREAS, a Request for Proposal was advertised for the Program Delivery and Administrative Services for the 2021 CDBG Townwide Housing Rehabilitation Grant (NYS CDBG Project #287HR317-21), and WHEREAS, one sealed bid was received and opened by the Town Clerk on March 9, 2022, at 12:00 p.m. as follows: Thoma Development Consultants $67,500 Program Delivery 34 Tompkins Street $20,000 Administrative Services Cortland, NY 13045 $87,500 Total Fee BE IT RESOLVED, the bid is hereby awarded to Thoma Development Consultants of Cortland, New York, in the total amount of $87,500.00, subject to approval from the New York State Homes and Community Renewal, Office of Community Renewal. RESOLUTION #87-A AUTHORIZE SUPERVISOR TO SIGN CONTRACT WITH THOMA DEVELOPMENT CONSULTANTS FOR PROGRAM DELIVERY AND ADMINISTRATION SERVICES FOR THE 2021 COMMUNITY DEVELOPMENT BLOCK GRANT HOUSING REHABILITATION PROJECT (CDBG #287HR317-21) Motion by Councilman Guido Seconded by Councilman Cobb VOTES: AYE – Williams, Cobb, Guido, Leach NAY – 0 ADOPTED BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to sign the contract with Thoma Development Consultants for Program Delivery and Administrative Services for the 2021 Community Development Block Grant (CDBG) Housing Rehabilitation Project awarded to the Town of Cortlandville (NYS CDBG Project ##287HR317-21), in the amount of $67,500 for Program Delivery Services and $20,000 for Administrative Services, for the total amount of $87,500. Councilman Guido made a motion, seconded by Councilman Leach, to receive and file correspondence from New York State Homes and Community Renewal, dated March 7, 2022, concerning the Grant Agreement 12 Month Completion Notice for the NYS Community Development Block Grant project assisting Seven Valley Specialty Cables, LLC (CDBG #287ED967-21). All voting aye, the motion was carried. MARCH 16, 2022 TOWN BOARD MEETING PAGE 8 Councilman Leach made a motion, seconded by Councilman Cobb, to receive and file correspondence from Alicia Zupancic, Clerk of the Board of Education for the Cortland Enlarged City School District, dated February 28, 2022, regarding the use of the Town Municipal Garage located at 3587 Terrace Road for the School District Budget Vote and Board Elections on May 17, 2022. All voting aye, the motion was carried. RESOLUTION #88 DECLARE THE MONTH OF APRIL AS FAIR HOUSING MONTH IN THE TOWN OF CORTLANDVILLE Motion by Councilman Cobb Seconded by Councilman Leach VOTES: AYE – Williams, Cobb, Guido, Leach NAY – 0 ADOPTED WHEREAS, in accordance with the Title VIII Fair Housing Policy of the Civil Rights Act of 1968 and the Fair Housing Amendments Act of 1988, and WHEREAS, the month of April 2022 has been designated by the US Department of Housing and Urban Development’s Office of Fair Housing and Equal Opportunity as Fair Housing Month, now therefore BE IT RESOLVED, the Town Board of the Town of Cortlandville hereby declares and proclaims the month of April as Fair Housing Month in the Town. RESOLUTION #89 APPOINT BETSY HICKS AS A MEMBER OF THE COMPREHENSIVE PLAN IMPLEMENTATION COMMITTEE Motion by Councilman Leach Seconded by Councilman Guido VOTES: AYE – Williams, Cobb, Guido, Leach NAY – 0 ADOPTED WHEREAS, per Town Board Resolution #17 of 2022 adopted January 5, 2022, the Town Board appointed Katherine Wickwire as a member of the Comprehensive Plan Implementation Committee, which she later stepped down from, creating a vacancy on the Committee, therefore BE IT RESOLVED, the Town Board does hereby appoint Town resident Betsy Hicks as a member of the Comprehensive Plan Implementation Committee for the Town of Cortlandville. RESOLUTION #90 AUTHORIZE RENEWAL OF MOBILE HOME PARK PERMIT FOR LANDMARK MOBILE HOME PARK FOR 2022 Motion by Councilman Guido Seconded by Councilman Cobb VOTES: AYE – Williams, Cobb, Guido, Leach NAY – 0 ADOPTED WHEREAS, CNY MHPS, LLC of Rochester, New York, owner, submitted a completed application and the appropriate fee of $35.00 for the renewal of the Landmark Mobile Home Park Permit for property located at 1030-1038 Route 13 in the Town of Cortlandville (formerly owned by Cortland MHP Associates, Inc.), tax map #96.09-04-09.000, 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, no violations were noted by CEO Campbell, therefore BE IT RESOLVED, the Town Board does hereby approve the Mobile Home Park Permit Renewal for CNY MHPS, LLC for the Landmark Mobile Home Park for the year 2022, and it is further MARCH 16, 2022 TOWN BOARD MEETING PAGE 9 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. There was no action on agenda item I-10, to review and adopt the revised “Privilege of the Floor Policy” for Town Board Meetings. Considering the comments made by Ms. Jenkins earlier in the meeting, Supervisor Williams suggested the Board review her comments and discuss the matter at a later date. Supervisor Williams requested the Board convene to an Executive Session to discuss personnel. Councilman Cobb made a motion, seconded by Councilman Leach to recess the Regular Meeting to an Executive Session to discuss personnel. All voting aye, the motion was carried. The meeting was recessed at 5:58 p.m. Councilman Leach 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 6:38 p.m. Members of the public were invited to return to the meeting at this time. Attorney DelVecchio addressed Phase 2 of the Gutchess Lumber Sports Complex. He stated there are a couple “schools of thought” as to whether the Town must receive a conditional permit or site plan approval for the project from the Planning Board. The “overarching legal issue with that is, does the Town have to follow its own zoning ordinance?” One “school of thought” is that the Town does not have to follow its own rules and that it is immune altogether; the other thought is yes, the Town does. Attorney DelVecchio stated that he spoke with several different experts on the matter and received different opinions. He stated it was appropriate to do what the Town did regarding the billboard that sits on that property, applying the Factor Analysis as set forth by the Matter of County of Monroe V City of Rochester, 72 N.Y.2d 338, 533 N.Y.S.2d 702. He suggested the Board complete the Factor Analysis and if appropriate adopt a resolution to immunize Phase 2 of the GLSC from any necessary approvals. Supervisor Williams asked Attorney DelVecchio if the ruling of the Court of Appeals was valid today. Attorney DelVecchio stated that it was, and that it has the same bearing as legislative law. The Board agreed to proceed with the Factor Analysis, with Attorney DelVecchio reading the following questions and responses. 1. the nature and scope of the instrumentality seeking immunity; Response: The Town Board is the legislative branch in the Town of Cortlandville. 2. the encroaching government’s legislative grant of authority; Response: The Town Board gives jurisdictional authority; it is appropriate for the Town Board to use its authority. 3. the kind of function or land use involved; Response: Park. There are two existing baseball fields. The public knows what is going on at the Park. The Town would not be changing the use with Phase 2 construction. The Town would be adding to the activities that currently exist. 4. the effect local land use regulation would have upon the enterprise concerned; Response: There is already existing baseball fields there. Nothing is changing; Phase 2 would be favorable. 5. alternative locations for the facility in less restrictive zoning areas; Response: No alternative locations. 6. the impact upon legitimate local interests; Response: The Park will be utilized by the public for many activities. Baseball is the main activity at this time but the Park will be utilized for many activities. MARCH 16, 2022 TOWN BOARD MEETING PAGE 10 7. alternative methods of providing the proposed improvement; Response: None. 8. the extent of the public interest to be served by the improvements; and Response: Phase 2 will improve the property and value, and the activities that are at the Park; it will improve the number of people at the Park. 9. intergovernmental participation in the project development process and an opportunity to be heard. Response: It was noted that many months ago Supervisor Williams went to the Planning Board and indicated that during Phase 2 planning the Planning Board would have the opportunity to comment on Phase 2. Attorney DelVecchio stated that if the Board adopts the resolution to proceed and immunize the Town, he will see to it that there will be a formal item on the next Planning Board agenda to provide the basic information and engineering plans for the project; there would be an informal review. RESOLUTION #91 DECLARE GOVERNMENTAL IMMUNITY FROM ZONING ANALYSIS REGARDING PHASE 2 OF THE GUTCHESS LUMBER SPORTS COMPLEX BASED ON THE 9 FACTORS ROOTED IN THE MATTER OF COUNTY OF MONROE V CITY OF ROCHESTER, 72 N.Y.2D 338, 533 N.Y.S.2D 702 Motion by Councilman Guido Seconded by Councilman Cobb VOTES: AYE – Williams, Cobb, Guido, Leach NAY – 0 WHEREAS, the Town Board completed a nine factor analysis to determine whether it is in the public interest to proceed with Phase 2 construction of the Gutchess Lumber Sports Complex located at 3111 Byrne Hollow Crossing, tax map #105.00-04-02.000, without the approval of any permits in respect to governmental immunity from zoning analysis (Matter of County of Monroe v City of Rochester, 72 N.Y.2d 338, 533 N.Y.S.2d 702), and WHEREAS, all nine questions in the factor analysis were answered unanimously in the affirmative, therefore BE IT RESOLVED, the Town Board does hereby approve moving forward with Phase 2 of the Gutchess Lumber Sports Complex with the understanding that any permit approvals that may be necessary in accordance with the Town of Cortlandville Zoning Law are not required. 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 6:50 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 April 1, 2022. The final version of this meeting was approved as written at the Town Board meeting of April 6, 2022.