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HomeMy WebLinkAbout2022-04-06 Town Board Minutes APRIL 6, 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, David J. Donlick Councilman, Jeffrey D. Guido Councilman, Gregory K. Leach Town Clerk, Kristin E. Rocco-Petrella Others present were: Town Attorney, John DelVecchio; Highway Sup’t. Larry Drach; Jesse Gale III; Jesse Gale Jr.; Pamela Jenkins; Andrea Niggli; Dustin Smith; and News Reporters: Yuner Gao from the Cortland Standard; Kevin Smith from the Cortland Voice. Others joining via Zoom video/telephone conference: Supervisor’s Secretary, Patty O’Mara; Assistant to the Supervisor’s Secretary, Amanda Rainbow; Solar Committee Member, Michael Barylski. Supervisor Williams called the Regular Meeting to order. Councilman Guido made a motion, seconded by Councilman Leach, to receive and file the Cortlandville Zoning Board of Appeals Minutes of February 15, 2022. All voting aye, the motion was carried. Councilman Guido made a motion, seconded by Councilman Leach, to receive and file the Cortlandville Planning Board Minutes of March 8, 2022. All voting aye, the motion was carried. Councilman Guido made a motion, seconded by Councilman Leach, to approve the Draft Town Board Minutes of March 2, 2022, the Draft Town Board Minutes of March 16, 2022, and the Draft Special Town Board Minutes of March 23, 2022. All voting aye, the motion was carried. RESOLUTION #92-A AUTHORIZE PAYMENT OF VOUCHERS – APRIL Motion by Councilman Leach Seconded by Councilman Donlick VOTES: AYE – Williams, Cobb, Donlick, 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 #346-440 HG, SF, SS, SW General Fund A $ 43,825.59 General Fund B $ 10,993.72 Highway Fund DA $ 0.00 Highway Fund DB $ 97,247.05 Gutchess Lumber SC Project HG $ 0.00 C’Ville Fire District SF $ 0.00 Sewer Fund SS $ 27,555.29 Water Fund SW $ 40,093.14 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 #8-10 Trust & Agency TA $ 52,478.42 Expendable Trust TE $ 0.00 Supervisor Williams offered privilege of the floor to Jesse Gale Jr. Town resident, Jesse Gale Jr. addressed the Board regarding solar farms and specifically the solar farm located behind his property on Carr Hill Road (DG New York, LLC – C’Ville III). He talked about how he has been directly affected by the solar farm and provided photos for the record depicting the view from his property both before an after the installation of the solar panels. Mr. Gale voiced concerns regarding the notification process for such projects, stating that he and APRIL 6, 2022 TOWN BOARD MEETING PAGE 2 the surrounding neighbors were not notified of the project until it was approved. Mr. Gale stated that while the public meeting notices may have been published in the local newspaper, the notification process was outdated. He stated that the neighboring property owners, who would be directly affected, should have been personally notified. He suggested that the process by which similar applications are approved in the future should be changed to provide better public notification. Supervisor Williams thanked Mr. Gale for his comments and explained that the Town was in the process of amending its current Solar Law. He stated that the notification process is addressed in the new proposed local law and suggested Mr. Gale contact him or the Town Attorney after the meeting to be provided with a copy of the document. Mr. Gale indicated that he was aware of the proposed amendment to the local law. Supervisor Williams offered privilege of the floor to Jesse Gale III. Town resident, Jesse Gale III also discussed his concerns regarding solar farms and specifically the solar farm behind his property located off Carr Hill Road. He asked that in the future there be better communication from the Town to the neighboring property owners regarding such projects. He suggested that the process to provide notification to the public (publishing the legal notice in the local newspaper) was “outdated”. He stated that the public does not know about projects despite information being posted on the Town’s website and in the newspaper. He suggested that certified letters be sent to adjacent landowners, especially for multi-million-dollar projects, stating it was “wrong for the neighbor not to notify the adjacent landowners”. Mr. Gale discussed the permit approval process and suggested it was unfair to the public that 90% of the approval process was done prior to the public being able to comment on a project. He mentioned the tax incentives for solar projects, and the Town authorizing a lower PILOT payment per megawatt than it was requiring for other such projects. He mentioned that the Town had a resolution in place for $7,000 per megawatt, but lowered it to $4,500 for DG New York, which gave them a break. He asked how giving tax incentives helps Cortland County resident. He mentioned that only a couple of jobs would be created for maintenance, which also doesn’t benefit the community. Mr. Gale also voiced concerns that the Town codes were not up to date, mentioning that he did not see the 250 ft. setbacks from property lines for solar farms. Supervisor Williams thanked Mr. Gale for his comments. Supervisor Williams offered privilege of the floor to Pamela Jenkins. Town resident, Pamela Jenkins addressed the Board regarding the application submitted by Ray Energy for an Aquifer Protection Permit. She commented as follows: “Please consider: the short EAF does not provide enough information for this project which is either a Type 1 Action or an Unlisted Action. I believe that it should be considered to be a Type 1 Action because it is in the Flood Hazard Area, it is in the Aquifer Protection District and it is listed in the area of Archeological Sensitivity (see their answer to 12b), and it is just shy of the 10-acre threshold for Type 1 Actions. AND: Our adopted Comprehensive Plan recommends that development in wetlands and floodplains should be prohibited/limited. AND: Doesn't it seem that the excavation they propose to accommodate stormwater would immediately fill with water upon digging, and therefore, not be available to accommodate more flood water. What is the depth to groundwater in that area? See the adjacent quarry full of water.” Supervisor Williams thanked Ms. Jenkins for her comments. Attorney DelVecchio responded to the comments made by the Gales. He explained that one of the changes in the proposed Solar Law will be to provide notice to landowners at the onset of the application of the project for large projects. Section 12 of the proposed ordinance provides for “Public Noticing Requirements” as follows: “In addition to the Town of Cortlandville’s other public noticing requirements, adjoining property owners to all Tier 3(b) projects shall be provided notice of the Town of Cortlandville’s receipt of such an application.” Attorney DelVecchio commented on the other main issue raised by the Gales concerning view shed. He stated that a detailed view shed analysis must be completed. He mentioned that the revised ordinance reclassifies projects based on size and gives the Planning Board more discretion. Attorney DelVecchio stated that a considerable amount of time, work and energy was put into trying to improve the ordinance. He stated that the Town’s existing ordinance was one of the best in the County and mentioned that NYSERDA previously told the Town that its ordinance was APRIL 6, 2022 TOWN BOARD MEETING PAGE 3 very good. With the new proposed revisions, he suspected that the Town would have one of the best ordinances in the State. Jesse Gale III mentioned the “glare on his property” and asked how that can be resolved. Attorney DelVecchio indicated that a future solar company could be asked to construct a glare study. Councilman Leach made a motion, seconded by Councilman Cobb, to receive and file the following monthly reports: 1. Code Enforcement Officer, Kevin McMahon – March 2022; 2. Fire & Safety Inspector/Code Enforcement Officer, Desiree Campbell – March 2022; 3. Town Supervisor – January 2022; 4. Town Supervisor – February 2022; 5. Town Clerk – March 2022; and 6. Tax Collector – March 2022. All voting aye, the motion was carried. Councilman Leach made a motion, seconded by Councilman Guido, to receive and file correspondence from Charter Communications, dated March 18, 2022, March 21, 2022, March 29, 2022, March 31, 2022, and April 1, 2022, regarding programming services and changes. All voting aye, the motion was carried. Under new business, Town Clerk Rocco-Petrella explained that the Town Board Meetings were following a hybrid model, in which the public could join via Zoom telephone/video conference to watch the meeting live. In the future, the public may be able to participate remotely, but the option was not available at this time. Attorney DelVecchio did not have any new business to report but indicated he would comment on specific agenda items as they came up in the meeting. Town Board Member Reports: Councilman Cobb informed the Board he attended a seminar regarding a Community Solar Program offered by Solar Simplified, which offers reduced energy bills for homeowners, renters and businesses that enroll in the program without installing panels. If the Town approves the program, those who enroll would receive a 10% credit against their energy bill. Councilman Cobb planned to talk with the Town of Lancaster who already opted into the program. He stated that the program sounds like a good deal for residents. The matter would be brought up at a future board meeting. Councilman Leach mentioned that he scheduled a meeting with representatives from Spectrum regarding bringing Wi-Fi to the Gutchess Lumber Sports Complex for April 15, 2022, at 10:00 a.m. Supervisor Williams indicated that he and Councilman Leach would be attending the meeting. If the rest of the Board wanted to attend, they could do so, however they could only observe. Councilman Guido apprised the Board he attended another meeting regarding the Linear Park; however, he did not have new information to provide. Supervisor Williams reported: Town Board Meeting Time: Supervisor Williams recalled there was a request for the Town Board to conduct their meetings later than 5:00 p.m. He noted that the matter has been discussed several times in the past, with no change to the meeting time. Many years ago, the Board conducted meetings at 5:00 p.m. (1st meeting of the month and both during the winter months) and at 7:00 p.m. (2nd meeting of the month excluding the winter months). Supervisor Williams asked the current Board what their thought was regarding the meeting times. With all five Board members voicing their desire to continue to meet at 5:00 p.m., Supervisor Williams indicated that the time would remain the same. Food Concession Trucks at Gutchess Lumber Sports Complex: Supervisor Williams informed the Board he received an inquiry regarding allowing food concession trucks at Gutchess Lumber Sports Complex this summer. He indicated that he would APRIL 6, 2022 TOWN BOARD MEETING PAGE 4 pass the request on to the Town’s Recreation Director, John McNerney. He also mentioned that he spoke with Highway Sup’t. Drach regarding the request and suggested they establish two dedicated places for the food trucks. Further discussion would occur later. At this time in the meeting the Board proceeded with regular business items. RESOLUTION #93 AUTHORIZE SUPERVISOR TO SIGN DOCUMENTATION REGARDING THE ENVIRONMENTAL REVIEW FOR THE TOWN’S 2021 COMMUNITY DEVELOPMENT BLOCK GRANT TOWN-WIDE HOUSING REHABILITATION PROGRAM (CDBG #287HR317-21) Motion by Councilman Cobb Seconded by Councilman Leach VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0 ADOPTED BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to sign the required documentation regarding the environmental review for the Town’s 2021 Community Development Block Grant Town-wide Housing Rehabilitation Program (CDBG #287HR317-21). RESOLUTION #94 AUTHORIZE SUPERVISOR TO SIGN THE CONTRACT BETWEEN THE TOWN AND NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION REGARDING THE 2019 WQIP GRANT (#C01168GG) Motion by Councilman Guido Seconded by Councilman Leach VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0 ADOPTED BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to sign the contract between the Town of Cortlandville and New York State Department of Environmental Conservation, subject to Town Attorney review, regarding the 2019 WQIP Grant (#C01168GG), in which funds were awarded to the Town for the purchase of property located off Lime Hollow Road surrounding the Town’s Lime Hollow Well. RESOLUTION #95 ACCEPT DONATION FROM THE CORTLAND COUNTY YOUTH SOCCER ASSOCIATION IN THE AMOUNT OF $4,500.00 AS PAYMENT TOWARDS THE PREVIOUS PURCHASE OF A STORAGE BUILDING AT TESTA PARK Motion by Councilman Donlick Seconded by Councilman Cobb VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0 ADOPTED BE IT RESOLVED, the Town Board does hereby accept the donation from the Cortland County Youth Soccer Association in the amount of $4,500.00 (2/3 of total cost) as payment towards the previous purchase of a storage building at Testa Park by the Town of Cortlandville. RESOLUTION #96 ADOPT TOWN OF CORTLANDVILLE PERSONNEL POLICY DATED APRIL 2022 Motion by Councilman Guido Seconded by Councilman Donlick VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0 ADOPTED BE IT RESOLVED, the Town Board does hereby adopt the updated Town of Cortlandville Personnel Policy (Employee Handbook) dated April 2022, and it is further APRIL 6, 2022 TOWN BOARD MEETING PAGE 5 RESOLVED, the updated Policy replaces the Personnel Policy last revised on October 7, 2020. RESOLUTION #97 AUTHORIZE SUPERVISOR TO SIGN AGREEMENT BETWEEN CORTLAND COUNTY AND THE TOWN OF CORTLANDVILLE REGARDING THE $500,000 INVESTMENT OF CORTLAND COUNTY’S AMERICAN RESCUE PLAN FUNDS INTO THE GUTCHESS LUMBER SPORTS COMPLEX Motion by Councilman Cobb Seconded by Councilman Leach VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0 ADOPTED BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to sign the agreement between Cortland County and the Town of Cortlandville regarding the $500,000 investment of Cortland County’s American Rescue Plan Funds into the Gutchess Lumber Sports Complex. Councilman Leach made a motion, seconded by Councilman Guido, to receive and file correspondence from Town Highway Superintendent, Larry Drach, dated March 18, 2022, regarding the intent of Deputy Highway Superintendent, Michael Dimorier to retire effective Friday, March 18, 2022. All voting aye, the motion was carried. RESOLUTION #98 ACCEPT RESIGNATION FOR RETIREMENT FROM MICHAEL L. DIMORIER AS DEPUTY HIGHWAY SUPERINTENDENT / HEAVY EQUIPMENT OPERATOR FOR THE TOWN OF CORTLANDVILLE, EFFECTIVE MARCH 18, 2022 Motion by Councilman Leach Seconded by Councilman Guido VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0 ADOPTED BE IT RESOLVED, the Town Board does hereby accept the letter of resignation for retirement from Michael L. Dimorier as the appointed Deputy Highway Superintendent/Heavy Equipment Operator (H.E.O.) for the Town of Cortlandville, to be effective March 18, 2022, and it is further RESOLVED, the letter of resignation dated March 18, 2022, is hereby received and filed. Councilman Guido made a motion, seconded by Councilman Cobb, to receive and file correspondence from Young/Sommer LLC, dated March 15, 2022, providing notice that on or about March 18, 2022, Homer Solar Energy Center, LLC, will submit a Joint Application for a Clean Water Act Section 404 Permit from the United States Army Corps of Engineers, as well as a Clean Water Act Section 401 Water Quality Certification from ORES, in connection with the proposed major solar electric generating facility of up to 90 megawatts in the Towns of Homer, Cortlandville and Solon. All voting aye, the motion was carried. RESOLUTION #99 AUTHORIZE SUPERVISOR TO SIGN THE ACCESS AND INDEMNITY AGREEMENT BETWEEN C’VILLE, LLC AND THE TOWN OF CORTLANDVILLE REGARDING ACCESS TO PROPERTY LOCATED AT BYRNE HOLLOW CROSSING FOR THE PURPOSE OF DRILLING TEST WELLS Motion by Councilman Leach Seconded by Councilman Donlick VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0 ADOPTED APRIL 6, 2022 TOWN BOARD MEETING PAGE 6 BE IT RESOLVED, the Town Board does hereby authorize and direct the Supervisor to sign the Access and Indemnity Agreement between C’Ville, LLC and the Town of Cortlandville, dated April 6, 2022, granting the Town a temporary license to access property located on Byrne Hollow Crossing (tax map #105.00-03-23.000 and #105.00-03-25.000) for the purpose of determining the desirability and feasibility of constructing a wellhead on the property, including the drilling of test wells. Councilman Guido made a motion, seconded by Councilman Leach, to receive and file the Cortland County Planning Department Review and Recommendations, dated March 11, 2022, and Cortland County Planning Board Resolution #22-09, dated March 16, 2022, regarding the Aquifer Protection Permit application submitted by Gutchess Lumber Co. Inc. to add a 2,500 +/- square foot pre-engineered metal building to the northwest side of an existing sorter building, for property described as 890 McLean Road in the Town of Cortlandville, tax map #95.12-01-16.000. All voting aye, the motion was carried. RESOLUTION #100 SCHEDULE PUBLIC HEARING FOR AN AQUIFER PROTECTION PERMIT APPLICATION SUBMITTED BY GUTCHESS LUMBER CO. INC. FOR APRIL 20, 2022 AT 5:00 PM Motion by Councilman Guido Seconded by Councilman Leach VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0 ADOPTED BE IT RESOLVED, a Public Hearing is hereby scheduled for April 20, 2022 at 5:00 p.m. at the Town of Cortlandville Municipal Garage, 3587 Terrace Road, Cortland, New York, concerning an Aquifer Protection Permit application submitted by Gutchess Lumber Co. Inc. to add a 2,500 +/- square foot pre-engineered metal building to the northwest side of an existing sorter building, for property described as 890 McLean Road in the Town of Cortlandville, tax map #95.12 -01- 16.000. Councilman Cobb made a motion, seconded by Councilman Donlick, to receive and file the Cortland County Planning Department Review and Recommendations, dated March 11, 2022, and Cortland County Planning Board Resolution #22-10, dated March 16, 2022, regarding the Conditional Permit application submitted by Suit-Kote Corporation to replace a 210,000 gallon tank with a 340,000 gallon tank in the same location, and replacing existing tanks as a normal site maintenance/update, for property located at 1902 Loring Crossing in the Town of Cortlandville, tax map #77.00-01-22.000. All voting aye, the motion was carried. There was a brief discussion regarding the three proposed local laws for the Town concerning solar: Solar Energy System PILOT Law; Battery Energy Storage Systems Law; Amendment to the Solar Energy Systems Law. Attorney DelVecchio recalled that prior to the meeting he circulated revisions to the proposed local laws. The revisions, drafted by him and Solar Committee Member, Mike Barylski, incorporated the recommendations made by the Cortland County Planning Board. He indicated that the three proposed local laws were Type 1 actions under SEQR. Public hearings would be held regarding all three proposals and the Board will conduct the SEQR reviews. Councilman Leach made a motion, seconded by Councilman Cobb, to receive and file the Cortland County Planning Department Review and Recommendations, dated March 11, 2022, and Cortland County Planning Board Resolution #22-08, dated March 16, 2022, regarding the Town’s proposed Local Law of 2022, “A Local Law Adopting the Town of Cortlandville’s Solar Energy System PILOT Law of the Town of Cortlandville, New York”. All voting aye, the motion was carried. Councilman Leach made a motion, seconded by Councilman Cobb, to receive and file the Cortland County Planning Department Review and Recommendations, dated March 11, 2022, and Cortland County Planning Board Resolution #22-06, dated March 16, 2022, regarding the Town’s proposed Local Law of 2022, “A Local Law Amending the Town of Cortlandville’s Zoning Code to Permit Solar Energy Systems in the Town of Cortlandville, New York”. All voting aye, the motion was carried. APRIL 6, 2022 TOWN BOARD MEETING PAGE 7 Councilman Leach made a motion, seconded by Councilman Cobb, to receive and file the Cortland County Planning Department Review and Recommendations, dated March 11, 2022, and Cortland County Planning Board Resolution #22-07, dated March 16, 2022, regarding the Town’s proposed Local Law of 2022, “A Local Law Adopting the Town of Cortlandville’s Battery Energy Storage System Law of the Town of Cortlandville, New York”. All voting aye, the motion was carried. RESOLUTION #101 ACKNOWLEDGE RECEIPT OF THE REVISED PROPOSED LOCAL LAW OF 2022, “A LOCAL LAW ADOPTING THE TOWN OF CORTLANDVILLE’S SOLAR ENERGY SYSTEM PILOT LAW OF THE TOWN OF CORTLANDVILLE, NEW YORK” AND SCHEDULE PUBLIC HEARING FOR APRIL 20, 2022 Motion by Councilman Leach Seconded by Councilman Cobb VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0 ADOPTED BE IT RESOLVED, the Town Board does hereby acknowledge receipt of the revised proposed Local Law of 2022, “A Local Law Adopting the Town of Cortlandville’s Solar Energy System PILOT Law of the Town of Cortlandville, New York”, as submitted by Attorney DelVecchio, and it is further RESOLVED, the Town Board does hereby schedule a public hearing for April 20, 2022 at 5:00 p.m., or as soon thereafter as the parties may be heard, at the Town of Cortlandville Municipal Garage, 3587 Terrace Road, Cortland, New York, concerning the proposed Local Law. RESOLUTION #102 ACKNOWLEDGE RECEIPT OF THE REVISED PROPOSED LOCAL LAW OF 2022, “A LOCAL LAW AMENDING THE TOWN OF CORTLANDVILLE’S ZONING CODE TO PERMIT SOLAR ENERGY SYSTEMS IN THE TOWN OF CORTLANDVILLE, NEW YORK” AND SCHEDULE PUBLIC HEARING FOR APRIL 20, 2022 Motion by Councilman Leach Seconded by Councilman Cobb VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0 ADOPTED BE IT RESOLVED, the Town Board does hereby acknowledge receipt of the revised proposed Local Law of 2022, “A Local Law Amending the Town of Cortlandville’s Zoning Code to Permit Solar Energy Systems in the Town of Cortlandville, New York”, as submitted by Attorney DelVecchio, and it is further RESOLVED, the Town Board does hereby schedule a public hearing for April 20, 2022 at 5:00 p.m., or as soon thereafter as the parties may be heard, at the Town of Cortlandville Municipal Garage, 3587 Terrace Road, Cortland, New York, concerning the proposed Local Law. RESOLUTION #103 ACKNOWLEDGE RECEIPT OF THE REVISED PROPOSED LOCAL LAW OF 2022, “A LOCAL LAW ADOPTING THE TOWN OF CORTLANDVILLE’S BATTERY ENERGY STORAGE SYSTEM LAW OF THE TOWN OF CORTLANDVILLE, NEW YORK” AND SCHEDULE PUBLIC HEARING FOR APRIL 20, 2022 Motion by Councilman Leach Seconded by Councilman Cobb VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0 ADOPTED APRIL 6, 2022 TOWN BOARD MEETING PAGE 8 BE IT RESOLVED, the Town Board does hereby acknowledge receipt of the revised proposed Local Law of 2022, “A Local Law Adopting the Town of Cortlandville’s Battery Energy Storage System Law of the Town of Cortlandville, New York”, as submitted by Attorney DelVecchio, and it is further RESOLVED, the Town Board does hereby schedule a public hearing for April 20, 2022 at 5:00 p.m., or as soon thereafter as the parties may be heard, at the Town of Cortlandville Municipal Garage, 3587 Terrace Road, Cortland, New York, concerning the proposed Local Law. RESOLUTION #104 ADOPT THE UPDATED TOWN OF CORTLANDVILLE “PRIVILEGE OF THE FLOOR” POLICY FOR CORTLANDVILLE TOWN BOARD MEETINGS EFFECTIVE APRIL 6, 2022 Motion by Councilman Leach Seconded by Councilman Donlick VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0 ADOPTED BE IT RESOLVED, the Town Board does hereby adopt the following updated Town of Cortlandville “Privilege of the Floor” Policy for Cortlandville Town Board Meetings, effective April 6, 2022, as follows: Town of Cortlandville “Privilege of the Floor” Policy Thank you for attending this meeting of the Cortlandville Town Board. Our policy on public participation in Board meetings is intended to invite your participation in the interest of open government. As provided in the New York State Open Meetings Law all Board meetings are open to the public, and members of the public are welcome to attend. Meetings of the Town Board take place, in accordance with New York State law, for the purpose of Town governance. Meetings are convened by the Town Supervisor or by an appointed deputy. Discussion takes place among the members of the Town Board with the Town professional staff. Minutes are recorded by the Town Clerk. Although not required by law, the Supervisor and Town Board offer Privilege of the Floor in order to provide individuals in the audience with the opportunity to voice their opinion on Town affairs. Privilege of the Floor is open for 30 minutes. Anyone wishing to speak under Privilege of the Floor, must do so in writing or by email to supervisor@cortlandville.org or written letter form submitted to the Town Supervisor’s Office no later than 12:00 p.m. on Wednesday, (the day of the meeting). If the meeting is in-person all speakers are asked to stand unless prevented by a disability. If the meeting is in-person or via zoom, each speaker is asked to give their name and address, and must limit their remarks to five (5) minutes of time. Please note that a speaker’s time may not be yielded to other speakers. If you don’t have the means to email us or if you can’t make the deadline for submitting a written letter of request, a sign-in sheet will be placed on a table by the meeting room entrance. Upon arrival, all attendees are requested to sign in, and indicate if they wish to speak. Attendees will be called to speak in the order shown on the sign in sheet on a first come, first to speak basis. Speakers are expected to observe standards of courtesy and good taste and may be asked to terminate remarks at any time by the Supervisor or other presiding officer if the speaker’s language is repetitive, profane, boisterous, threatening, offensive, or unruly. Audience members are expected not to interrupt or engage with the speaker, or with each other. The Town Clerk keeps time and gives notice when a speaker has thirty (30) seconds time remaining, as well as when time has expired. Speakers are welcome to submit their comments to the Board in writing for consideration and attachment to the meeting minutes. The minutes will include all the speaker’s names, with a brief statement of their positions. Revised & Adopted April 6, 2022 APRIL 6, 2022 TOWN BOARD MEETING PAGE 9 RESOLUTION #105 ACKNOWLEDGE RECEIPT OF THE TIME WARNER OF SYRACUSE – SPECIAL FRANCHISE ASSESSMENT APPEAL Motion by Councilman Donlick Seconded by Councilman Guido VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0 ADOPTED BE IT RESOLVED, the Town Board does hereby acknowledge receipt of the Time Warner of Syracuse – Special Franchise Assessment Appeal, dated March 17, 2022, in which a complaint was filed pursuant to New York Real Property Tax Law § 610. There was a brief discussion regarding the application submitted by Ray Energy Corp. for property located at 3893 Route 11 (Polkville). Attorney DelVecchio explained that the application was before the Town Planning Board at this time and will be before the Cortland County Planning Board for review and recommendations. Whether or not the application was a Type I action or an Unlisted Action under SEQR would be determined. Attorney DelVecchio indicated that the Town Planning Board may want to be the Lead Agency for this project. Attorney DelVecchio would assist with the SEQR process at the appropriate time. RESOLUTION #106 REFER AQUIFER PROTECTION PERMIT APPLICATION SUBMITTED BY RAY ENERGY CORP. FOR PROPERTY OWNED BY RIVER RUN PROPERTIES, LLC LOCATED AT 3893 ROUTE 11 TO THE TOWN AND COUNTY PLANNING BOARDS FOR REVIEW AND RECOMMENDATIONS Motion by Councilman Cobb Seconded by Councilman Donlick VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0 ADOPTED BE IT RESOLVED, the Aquifer Protection Permit application submitted by Ray Energy Corp. for property owned by River Run Properties, LLC located at 3893 Route 11, tax map #87.00-04- 10.000, shall be forwarded to the Town and County Planning Boards for review and recommendations, and it is further RESOLVED, the Aquifer Protection Permit application is hereby received and filed. RESOLUTION #107 AUTHORIZE SALARY INCREASE FOR JULIE M. GROSS, REAL PROPERTY ASSISTANT FOR THE TOWN OF CORTLANDVILLE Motion by Councilman Cobb Seconded by Councilman Leach VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0 ADOPTED BE IT RESOLVED, as a result of the successful completion of the 6-month probation period, the Town Board does hereby authorize and direct the salary increase of $500.00 for Julie M. Gross, Real Property Assistant for the Town of Cortlandville. RESOLUTION #108 AUTHORIZE HIRING VALERIE HALL AS A PART-TIME CONTRACT EMPLOYEE FOR THE TOWN OF CORTLANDVILLE ASSESSOR’S OFFICE Motion by Councilman Guido Seconded by Councilman Donlick VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0 ADOPTED APRIL 6, 2022 TOWN BOARD MEETING PAGE 10 BE IT RESOLVED, the Town Board does hereby authorize hiring Valerie J. Hall, 4075 Hicks Hill Road, McGraw, New York as part-time contract employee for the Town of Cortlandville Assessor’s Office, retroactive to January 1, 2022, and it is further RESOLVED, Mrs. Hall shall be paid a wage of $30.00 per hour, with no benefits. RESOLUTION #109 ACKNOWLEDGE NOTIFICATION FROM THE STATE FOR FILING OF LOCAL LAW NO. 1 OF 2022 Motion by Councilman Leach Seconded by Councilman Cobb VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0 ADOPTED BE IT RESOLVED, the New York State Department of State acknowledged receipt of Local Law No. 1 of 2022, “A Local Law Amending the Town of Cortlandville’s Zoning Code to Further Safeguard the Existing Wellhead Protection Areas Within the Town of Cortlandville’s Aquifer Protection District and Other Related Amendments”, to be effective March 3, 2022. RESOLUTION #110 AUTHORIZE WATER & SEWER SUPERINTENDENT TO HIRE MICHAEL T. BONYAK AS A FULL-TIME WATER TREATMENT OPERATOR FOR THE TOWN OF CORTLANDVILLE, EFFECTIVE APRIL 11, 2022 Motion by Councilman Guido Seconded by Councilman Donlick VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0 ADOPTED WHEREAS, per Town Board Resolution #323 of 2021 the Town Board authorized the Water & Sewer Superintendent to hire a full-time Water Treatment Plant Operator subject to Civil Service requirements, and BE IT RESOLVED, the Town Board does hereby authorize and direct Water & Sewer Superintendent Congdon to hire Michael T. Bonyak as a full-time Water Treatment Operator for the Town of Cortlandville, effective April 11, 2022, with the salary of $38,004.80, and it is further RESOLVED, after the successful completion of both sections of Water License Certifications B & D, and the six-month probationary period, a $2,000.00 stipend for each will be given for a total salary of $44,004.80. Councilman Leach made a motion, seconded by Councilman Guido, to receive and file the Scoping Document for Draft Environmental Impact Statement for Cortlandville Sand & Gravel Mine (Route 13 Rocks, LLC), NYSDEC Mine Permit #7-1122-00043/00008, dated March, 28, 2022, in which comments must be submitted in writing or via email to Dr. Cynthia M. Hill, NYS Department of Environmental Conservation by April 28, 2022. All voting aye, the motion was carried. RESOLUTION #111 AUTHORIZE SUPERVISOR TO SIGN AGREEMENT WITH THOMA DEVELOPMENT CONSULTANTS FOR GRANT ADMINISTRATION AND GRANT WRITING SERVICES Motion by Councilman Guido Seconded by Councilman Donlick VOTES: AYE – Williams, Cobb, Donlick, 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 Grant Writing Services and Grant Administration Services, for the cost of $400.00 per month retaining fee (billed quarterly) plus hourly fees and grant fees for specific projects as per the agreement, and it is further APRIL 6, 2022 TOWN BOARD MEETING PAGE 11 RESOLVED, the agreement shall be for a minimum of a twelve -month period and will continue until either the Consultant or the Town elects to terminate the agreement. Councilman Guido made a motion, seconded by Councilman Cobb, to receive and file the email correspondence from Jamie Easton, Director of Land Development, EP Land Services, LLC to Planning & Zoning Officer Bruce Weber, dated March 31, 2022, indicating that Regan Development will not proceed with its proposed applications for a mixed-use development for property located off NYS Route 13, tax map #95.00-10-11.100, as a result of the loss of a funding opportunity from NYSHCR due to the proximity of the site to the Cortlandville Sand & Gravel Mine. All voting aye, the motion was carried. There was discussion regarding a typographical error in the Town Code, specifically the “Bulk Regulations” chart pertaining to “permitted uses subject to site plan approval in R-3 districts. Attorney DelVecchio apprised the Board that Planning and Zoning Officer, Bruce Weber noticed the error in the chart. The typographical error was not a substantive error, in that the actual statutory language is correct within the Zoning Code; the error was in the chart (178 Attachment 4 – Town of Cortlandville Residential R-3 District Bulk Regulations) and reads: 2. Permitted uses subject to site plan approval a. Residential 1. Multiple dwellings not exceeding 4 DU Attorney DelVecchio explained that the chart should read “1. Multiple dwellings exceeding 4 DU” and that the word “not” should be removed. Finding the error immaterial, he asked the Board to acknowledge the typographical error and grant authority to the Town Clerk to have the error corrected. RESOLUTION #112 ACKNOWLEDGE A TYPOGRAPHICAL ERROR IN THE TOWN CODE, SPECIFICALLY THE “BULK REGULATIONS” CHART PERTAINING TO “PERMITTED USES SUBJECT TO SITE PLAN APPROVAL IN R-3 DISTRICTS” AND AUTHORIZE THE TOWN CLERK TO FACILITATE THE CORRECTION OF THE ERROR Motion by Councilman Cobb Seconded by Councilman Leach VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0 ADOPTED WHEREAS, Town Planning & Zoning Officer Bruce Weber brought it to the Town Attorney’s attention that there was an error in the Town Code, specifically in the “Bulk Regulations” Chart pertaining to “Permitted uses subject to site plan approval in R-3 Districts”, which reads 2. Permitted uses subject to site plan approval a. Residential 1. Multiple dwellings not exceeding 4 DU AND, WHEREAS, the word “not” is an error and should be removed in the chart under item 2. (a)(1) so that it reads “Multiple dwellings exceeding 4 DU” rather than “Multiple dwellings not exceeding 4 DU”, and WHEREAS, after review by the Town Attorney it was determined that the error was a typographical error that could be corrected by contacting the Town’s publisher, General Code Publishing, therefore BE IT RESOLVED, the Town Board does hereby authorize and direct the Town Clerk facilitate the correction of the error with General Code Publishing. APRIL 6, 2022 TOWN BOARD MEETING PAGE 12 Councilman Leach made a motion, seconded by Councilman Donlick, to receive and file correspondence from Empire State Development, received April 1, 2022, providing notice that a virtual public hearing will be held on Wednesday, April 13, 2022 from 2:00 p.m. - 3:00 p.m., regarding the Byrne Capital Upstate Revitalization Initiative (Capital Grant) and the proposed expansion of Byrne Holdings Inc. located at 3156 Byrne Hollow Crossing in the Town of Cortlandville. All voting aye, the motion was carried. RESOLUTION #113 AMEND THE 2022 BUDGET AND AUTHORIZE SUPERVISOR TO TRANSFER FUNDS Motion by Councilman Guido Seconded by Councilman Leach VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0 ADOPTED BE IT RESOLVED, the Supervisor is hereby authorized and directed to transfer funds to adjust the accounts of the 2022 Budget for the Town of Cortlandville to account for the purchase of a Trackhoe Excavator, Volvo ECR88D Mini for the Town Highway Department and Water/Sewer Department per Town Board Resolution #358 of 2022 (Purchase Order #1447), as follows: FROM TO AMOUNT SS915 SS8110.2 $ 25,750.00 SW915 SW8310.2 $ 25,750.00 No further comments or discussion were heard. Supervisor Williams requested the Board convene to an Executive Session to discuss personnel and a contract. Councilman Leach made a motion, seconded by Councilman Cobb to recess the Regular Meeting to an Executive Session to discuss personnel and a contract. All voting aye, the motion was carried. The meeting was recessed at 6:02 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. No further comments or discussion were heard. Councilman Leach made a motion, seconded by Councilman Cobb, to adjourn the Regular Meeting. All voting aye, the motion was carried. The meeting was adjourned at 6:38 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 30, 2022. The final version of this meeting was approved as written at the Town Board meeting of May 4, 2022.