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HomeMy WebLinkAbout2022-07-06 Town Board Minutes JULY 6, 2022 5:00 P.M. PUBLIC HEARING NO. 1 LOCAL LAW OF 2022 A LOCAL LAW ADOPTING THE TOWN OF CORTLANDVILLE’S VACANT PROPERTY LAW IN THE TOWN OF CORTLANDVILLE, NEW YORK A Public Hearing was held by the Town Board of the Town of Cortlandville at the Peter Alteri Jr. Municipal Garage, 3587 Terrace Road, Cortland, New York with Supervisor Williams presiding, concerning a proposed Local Law of 2022, “A Local Law Adopting the Town of Cortlandville’s Vacant Property Law in the Town of Cortlandville, New York”. 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; Highway Sup’t. Larry Drach; Deputy Town Clerk, Abigail Albro; Recreation Director, John McNerney; Assistant to the Supervisor’s Secretary, Amanda Rainbow; Richard Woodrome, Frederick Lindley and Wayne Schutt from Disabled Americans Veterans Post 153; Jennifer McCracken; Airian Eastman, Michael Eastman, and Alex Mikowski from Access to Independence of Cortland County Inc.; Brandy Strauf, Gail Bundy and Greg Richards from CAPCO Adult Education Program; Courtney Metcalf, Mike Biviano, Gere Henry and Kevin Whitney from the Cortlandville Fire Department; Tabitha Scoville from Cortland County Historical Society; Adrianne Traub and Avery Barber from Seven Valleys Health Coalition; Chris Delage from 4-H Camp Owahta; Tim Lockwood from Catholic Charities of Cortland County; Ilya Shmulenson from Lime Hollow Nature Center; Christa Boice and Heather Cobb from Lamont Memorial Free Library; Tammy Goddard, Heather Bozis, Kathy Reynolds and John Reynolds from Josie’s Journey; Lindsay Palmer from McGraw School Marching Band; Don Prior from The Chapel; and News Reporter: Yuner Gao from the Cortland Standard. Others joining via Zoom video/telephone conference: Jill Konopka; News Reporter: Kevin Smith from the Cortland Voice. Supervisor Williams called the Public Hearing to order. Town Clerk, Kristin Rocco-Petrella read aloud the published, posted and filed legal notice. 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 5:04 p.m. JULY 6, 2022 5:04 P.M. TOWN BOARD MEETING The Regular Meeting of the Town Board of the Town of Cortlandville was held at the Peter Alteri Jr. 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; Deputy Town Clerk, Abigail Albro; Recreation Director, John McNerney; Assistant to the Supervisor’s Secretary, Amanda Rainbow; Richard Woodrome, Frederick Lindley and Wayne Schutt from Disabled Americans Veterans Post 153; Jennifer McCracken; Airian Eastman, Michael Eastman, and Alex Mikowski from Access to Independence of Cortland County Inc.; Brandy Strauf, Gail Bundy and Greg Richards from CAPCO Adult Education Program; Courtney Metcalf, Mike Biviano, Gere Henry and Kevin Whitney from the Cortlandville Fire Department; Tabitha Scoville from Cortland County Historical Society; Adrianne Traub and Avery Barber from Seven Valleys Health Coalition; Chris Delage from 4-H Camp Owahta; Tim Lockwood from Catholic Charities of Cortland County; Ilya Shmulenson from Lime Hollow Nature Center; Christa Boice and Heather Cobb from Lamont Memorial Free Library; Tammy Goddard, Heather Bozis, Kathy Reynolds and John Reynolds from Josie’s Journey; Lindsay Palmer from McGraw School Marching Band; Don Prior from The Chapel; and News Reporter: Yuner Gao from the Cortland Standard. Others joining via Zoom video/telephone conference: Jill Konopka; News Reporter: Kevin Smith from the Cortland Voice. Supervisor Williams called the Regular Meeting to order and welcomed all those in attendance. He explained that the recipients of the grant funds from the Town’s American Rescue Plan Act (ARPA) Grant Program were in attendance tonight to be presented with their checks. Prior to the presentation, he asked for formal Board approval to authorize him to sign the contract/agreement for all thirteen Not-For-Profit Organizations. RESOLUTION #193 AUTHORIZE SUPERVISOR TO SIGN THE AMERICAN RESCUE PLAN ACT (ARPA) GRANT PROGRAM CONTRACT/AGREEMENT BETWEEN THE TOWN OF CORTLANDVILLE AND THE 13 NOT-FOR-PROFIT ORGANIZATIONS THAT WERE AWARDED FUNDS TOTALING $60,000 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 authorize and direct the Supervisor to sign the American Rescue Plan Act (ARPA) Grant Program Contract/Agreement between the Town of Cortlandville and the 13 Not-For-Profit Organizations that were awarded funds totaling $60,000 as follows: 1. Disabled Americans Veterans Post 153 - $5,000 2. Catholic Charities of Cortland County - $5,000 3. CAPCO Adult Education Program - $5,000 4. Cortland County Historical Society - $5,000 5. Lime Hollow Nature Center - $5,000 6. The Chapel - $5,000 7. Access to Independence of Cortland County Inc. - $5,000 8. Lamont Free Memorial Library - $3,000 9. 4-H Camp Owahta - Cooperative Extension of Cortland County - $5,000 10. Josie’s Journey- Canine Comfort Business, Lending a Caring Paw - $2,000 11. CNY Living History Center - $5,000 12. McGraw School Marching Band - $5,000 13. Seven Valleys Health Coalition - $5,000 JULY 6, 2022 TOWN BOARD MEETING PAGE 2 AND IT IS FURTHER, RESOLVED, the Town Board hereby authorizes the payment of the grant funds to each individual organization, as included in the vouchers/bills for payment on July 6, 2022. At this time, Supervisor Williams asked his Assistant, Amanda Rainbow to take the podium for the presentation of the checks to the Not-For-Profit Organizations for the Town’s ARPA Grant Program. The recipients were asked to stand in front of the Board to be presented with their checks and to be formally congratulated for the work they do in the community. Ms. Rainbow announced the Not-For-Profit Organizations to be awarded the grant funds as follows: 1. Disabled Americans Veterans Post 153 - $5,000 for parking lot repairs, accepted by Richard Woodrome. 2. Catholic Charities of Cortland County - $5,000 for a summer lunch program for Cortland County, accepted by Tim Lockwood. 3. CAPCO Adult Education Program - $5,000 for an adult education program for ages 16-76, accepted by Greg Richards. 4. Cortland County Historical Society - $5,000 to digitize historic audio and video cassettes, accepted by Tabitha Scoville. 5. Lime Hollow Nature Center - $5,000 to covert a 1960’s barn into a classroom & workshop, accepted by Ilya Shmulenson. 6. The Chapel - $5,000 for a Back-to-School Giveaway Program, accepted by Don Prior on behalf of Jonathan North. 7. Access to Independence of Cortland County Inc. - $5,000 for a summer employment series of education for the disabled, accepted by Alexandra Mikowski & Michael Eastman. 8. Lamont Free Memorial Library - $3,000 for a weekly program designed for homeschool families, accepted by Heather Cobb & Christa Boice. 9. 4-H Camp Owahta – Cooperative Extension of Cortland County - $5,000 to perform maintenance and repairs to cabins, accepted by Christopher Delage. 10. Josie’s Journey – Canine Comfort Business, Lending A Caring Paw - $2,000 to cover software, marketing materials & supplies for comfort sessions, accepted by Tammy Barrows-Goddard, Heather Bois, Kathy & John Reynolds. 11. CNY Living History Center - $5,000 for a carport project planned to refresh, enclose & secure the space. Cindy Stoker was not able to attend to accept the award. 12. McGraw School Marching Band - $5,000 to purchase marching band equipment and uniforms, accepted by Lindsay Palmer. 13. Seven Valleys Health Coalition - $5,000 for media & marketing materials to promote Cortland Harvest, accepted by Adrianne Traub. Supervisor Williams and Members of the Board congratulated the organizations and wished them well in their projects. Councilman Guido made a motion, seconded by Councilman Donlick, to approve the Draft Town Board Minutes of June 15, 2022 and the Special Town Board Minutes of June 27, 2022. All voting aye, the motion was carried. Councilman Guido made a motion, seconded by Councilman Donlick, to receive and file the Cortlandville Planning Board Minutes of June 7, 2022. All voting aye, the motion was carried. There was a brief discussion regarding the approval of the purchase order for Thomson Reuters-West. Attorney DelVecchio explained that subscription charges and online database charges were from 2020 to 2021 and that the Town did in fact receive the law books and utilize the online services. However, the Town did not receive the invoices as the company emailed the bills to Attorney DelVecchio instead of mailing them as they had always done in the past; the emails went to the Town Attorney’s spam folder. He stated that he tried to negotiate with Westlaw directly and was promised the Town would be given a competitive offer for an online subscription program moving forward. He suggested the Board authorize the payments and to allow him to continue to negotiate for online services moving forward. Attorney DelVecchio expressed that he did not need hard copies and preferred the online database instead. Whether the Court would like JULY 6, 2022 TOWN BOARD MEETING PAGE 3 hard copies instead of online services would be up to the Court. Supervisor Williams suggested that the Town should have one full set of the books. Attorney DelVecchio would negotiate further and proceed with the best option, to which the Board agreed. RESOLUTION #194 AUTHORIZE SUPERVISOR TO SIGN PURCHASE ORDER #0195 TO THOMSON REUTERS-WEST FOR THE PURCHASE OF LAW BOOKS AND UPDATES, AS WELL AS DATABASE CHARGES FOR WEST INFORMATION ONLINE SERVICES 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 Purchase Order #0195 to be paid to Thomson Reuters-West for subscription charges for updates to lawbooks (McKinney’s Consolidates Laws of New York) for the years 2020-2022 in the amount of $9,640.00, and for the Westlaw online database subscription for the years 2020-2021 in the amount of $3,358.39, for the total cost of $12,998.39. RESOLUTION #195 AUTHORIZE PAYMENT OF VOUCHERS – JULY Motion by Councilman Leach Seconded by Councilman Guido 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 #805-908 HG, SF, SS, SW General Fund A $ 218,501.77 General Fund B $ 2,460.69 Highway Fund DA $ 0.00 Highway Fund DB $ 60,550.72 Gutchess Lumber SC Project HG $ 1,600.95 C’Ville Fire District SF $ 0.00 Sewer Fund SS $ 2,969.79 Water Fund SW $ 14,362.56 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 #18-21 Trust & Agency TA $ 54,376.08 Expendable Trust TE $ 0.00 Supervisor Williams explained there were no requests for privilege of the floor. Councilman Leach made a motion, seconded by Councilman Guido, to receive and file the following monthly reports: 1. Fire & Safety Inspector, Desiree Campbell – May 2022; 2. Fire & Safety Inspector, Desiree Campbell – June 2022; 3. Code Enforcement Officer, Kevin McMahon – June 2022; 4. Water & Sewer Department – June 2022; and 5. Town Clerk – June 2022; All voting aye, the motion was carried. JULY 6, 2022 TOWN BOARD MEETING PAGE 4 RESOLUTION #196 ACCEPT 2022 TAX COLLECTOR’S SUMMARY Motion by Councilman Leach Seconded by Councilman Guido VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0 ADOPTED BE IT RESOLVED, the 2022 Tax Collector’s Summary as submitted by Town Clerk/Collector Kristin E. Rocco-Petrella for the period of January 1, 2022 through July 1, 2022, is hereby accepted and shall be received and filed. Under old business, there was discussion regarding the proposed Local Law of 2022 – “A Local Law Adopting the Town of Cortlandville’s Vacant Property Law in the Town of Cortlandville, New York”. Supervisor Williams explained that he, Attorney DelVecchio, CEO Kevin McMahon, CEO Desiree Campbell, and Cortlandville Fire District Commissioner, Kevin Whitney collaborated for a few months to draft the proposed law. Several meetings were held, and many conversations were had via email. Attorney DelVecchio thanked all those who were involved in the proposed local law, with special thanks to Commissioner Whitney and his colleagues at the Fire Department. He explained that, “the Town did not have a “mechanism to allow the Town to give a tool to the Fire Department to allow them to be put on notice of vacant buildings and hazardous issues, but it also allows for the public in general to have notice of some of these buildings that have either been vacant for a period of time or just have issues.” He stated that the local law was a good idea and that it was a matter of safety. Supervisor Williams asked if any of the CVFD Members in attendance wanted to speak to this matter. Commissioner Whitney thanked Attorney DelVecchio for his hard work, stating he had not given himself the credit he deserved for putting the local law together in a format that can actually be enforced. He stated that the local law was a huge benefit for the community in general, as there are several vacant properties in the Town. From a firefighter’s standpoint it is impo rtant to have an idea of what is going on with some of the vacant properties. It was the fire department’s concern that if they answer a call at a vacant building that they know whether or not a building is safe. It was important to know if the building can be entered or not. He again thanked Attorney DelVecchio for his work on the law. On another note, Commissioner Whitney thanked all those involved with the Town Hall of Fame Ceremony (held June 24, 2022). He stated that the effort and work that went into the ceremony was incredible and that the individuals who were recognized were truly deserving to be in the Hall of Fame. He mentioned that several of the individuals recognized were instrumental to the success of the Fire Department. With no further comments to be heard, Supervisor Williams asked for a vote on the proposed local law. RESOLUTION #197 ADOPT LOCAL LAW NO. 5 OF 2022, “A LOCAL LAW ADOPTING THE TOWN OF CORTLANDVILLE’S VACANT PROPERTY LAW IN THE TOWN OF CORTLANDVILLE, NEW YORK” Motion by Councilman Cobb Seconded by Councilman Leach VOTES: Supervisor Williams Aye Councilman Cobb Aye Councilman Donlick Aye Councilman Guido Aye Councilman Leach 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, “A Local Law Adopting the Town of Cortlandville’s Vacant Property Law in the Town of Cortlandville, New York”, and JULY 6, 2022 TOWN BOARD MEETING PAGE 5 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, 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 BE IT RESOLVED, the Town Board of the Town of Cortlandville hereby adopts said Local Law as Local Law No. 5 of 2022, “A Local Law Adopting the Town of Cortlandville’s Vacant Property Law in the Town of Cortlandville, New York”, 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: SECTION 1. TITLE. This local law shall be known as “A Local Law to Adopt the Vacant Property Law in the Town of Cortlandville, New York.” 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. SECTION 3. PURPOSE AND INTENT. This section regulates buildings that remain vacant and are unsightly, unsafe and have a negative effect on their surroundings. Unfortunately, many buildings, once boarded, remain that way for many years. The purpose of this chapter is to establish a program for identifying and registering vacant buildings; to determine the responsibilities of owners of vacant buildings and structures; to speed the rehabilitation of the vacant properties; and to minimize the adverse impact(s) on the adjacent and surrounding neighboring properties. SECTION 4. DEFINITIONS. As used in this section, the following terms shall have the meanings indicated: Enforcement Officer: A duly authorized representative of the Code Enforcement Office. Owner: Those shown to be the owner or owners on the records at the Town of Cortlandville’s Assessor’s Office, on a vacant building registration form, a mortgagee in possession, a mortgagor in possession, assignee of rents, receiver, executor, trustee, lessee, other person, firm or legal entity in control of the premises. Any such person shall have a joint and several obligation for compliance with the provisions of this chapter and shall be a responsible party for compliance with the provisions of this law. Secured: All means of ingress and egress, including but not limited to all doorways and windows, shall be in a good state of repair, without any broken glass or other damage that might allow entry or create an eyesore, and shall be securely locked. Secured by Other Than Normal Means: A building secured by means other than those used in the design of the building. Unoccupied: A building which is not being used for an occupancy authorized by the owner. JULY 6, 2022 TOWN BOARD MEETING PAGE 6 Unsecured: A building or portion of a building which is open to entry by unauthorized persons without the use of tools or ladders. Vacant Building: A building or portion of a building which is unoccupied and unsecured; unoccupied and secured by other than normal means; unoccupied and an unsafe building as determined by the Code Enforcement Office; unoccupied and has multiple housing or building code violations; illegally occupied; or unoccupied for a period of time over 180 days, and not currently listed for sale. SECTION 5. REGISTRATION REQUIRED. The owner shall register with the Codes Department not later than 30 days after any building in the Town becomes a vacant building or not later than 30 days after being notified by the Code Enforcement Office of the requirement to register. The Codes Department may identify vacant buildings through its routine inspection process as well as through notification by residents, neighborhood associations and other community groups that a building may be eligible for inclusion on the registry. SECTION 6. REGISTRATION INFORMATION. The registration shall be submitted on forms provided by the Code Enforcement Office and shall include the following information supplied by the owner: 1. Description of the premises, including tax map number and property mailing address; 2. The names, mailing addresses, e-mail addresses, and telephone numbers of the owner or owners; 3. The names, mailing addresses, e-mail addresses, and telephone numbers of any third party with whom the owner has entered into a contract or agreement for property management within a twenty-five-mile radius of the City of Cortland; 4. The names, mailing address, email address and telephone number of all known lien holders, and all other parties with an ownership interest in the building; 5. A telephone number where a responsible party can be reached at all times during business and non-business hours; and 6. A vacant building plan as described in Section 7. SECTION 7. VACANT BUILDING PLAN. The owner shall submit a vacant building plan which must meet the approval of the Enforcement Officer. The plan, at a minimum, must contain information from one of the following three choices for the property: 1. If the building is to be demolished, a demolition plan including the proposed time frame for demolition. 2. If the building is to remain vacant, a plan for the securing of the building, along with the procedure that will be used to maintain the property and a statement of the reasons why the building will be left vacant. 3. If the building is to be returned to appropriate occupancy or use, a rehabilitation plan for the property is required. The rehabilitation plan shall not exceed 365 days, unless the Enforcement Officer grants an extension upon receipt of a written statement from the owner detailing the reasons for the extension. Any repairs, improvements, alterations to or demolition of the property must comply with any applicable zoning, housing, historic preservation or building codes and must be secured as per local code, if applicable, during the rehabilitation. All expenditures necessary to comply with this law is at the expense of the owner. SECTION 8. CHANGES TO THE VACANT BUILDING PLAN. All applicable laws and codes shall be complied with by the owner. The owner shall notify the Enforcement Officer of any changes in information supplied as part of the vacant building registration within 30 days of the change. If the plan or timetable for the vacant building is revised in any way, the revisions must be in writing and must meet the approval of the Enforcement Officer. JULY 6, 2022 TOWN BOARD MEETING PAGE 7 SECTION 9. ALL VACANT BUILDINGS MUST BE SECURED. All vacant buildings must be secured as defined in Section 4. Any vacant building that is not so secured shall be promptly physically secured, meaning that all means of ingress and egress at all floor levels shall be covered over so as to ensure the continued security of the building and to reduce the negative impact on the neighborhood. The method of physically securing a vacant building shall be proposed in writing and approved by the Code Enforcement Officer. When it is required by this chapter that a building be physically secured, it shall be the responsibility of the owner to have the electric, water, and gas service, if any, shut off from the building by contacting the power provider's customer service. Service may not be reconnected until repair and rehabilitation work or occupancy actually commences. SECTION 10. MAINTENANCE OF ALL VACANT BUILDINGS. In addition to securing the building required in Section 8, the following minimum requirements shall be met for all vacant buildings: 1. The roof shall be structurally sound and weather tight; 2. All combustible trash and debris shall be removed from the building. Any portions of the exterior of the main building or accessory buildings, including but not limited to walls, porches, stairs, parapet walls and chimneys, that are deteriorated so as to be in danger of collapse or to otherwise constitute a hazard or allow penetration of water into the building shall be repaired or replaced or otherwise made safe and weather tight; 3. The grounds surrounding the building shall be cleared and kept cleared of all litter, rubble, debris, trash and junk and of all grass or weeds in excess of six inches in height; and 4. All plumbing and heating systems that contain water shall be completely drained and kept empty between October 15 and April 15, and an antifreeze solution shall be added to all plumbing traps in the building. This shall not apply if the building is adequately heated during that time period. SECTION 11. INSPECTIONS. The Codes Department shall examine or cause to be examined annually every vacant commercial building as a Fire and Safety inspection, and the exterior of every vacant residential building. Upon such inspection, if deemed unsafe, a follow up site visit will be required and scheduled for a review by a competent design professional currently licensed by New York State, at the owner’s expense, for reviewing the structural, mechanical, interior and exterior portions of the property. Whenever the Code Enforcement Office shall find a vacant building, structure, or a portion thereof to be an unsafe, they shall give the owner, agent or person in control of such building or structure written notice stating the defects thereof. In conjunction with the professional designer and the Codes Department, a determination shall be made for the owner to comply with the Vacant Building Plan in Section 7. Nothing contained herein, however, shall diminish the owner's right to insist upon the procurement of a search warrant from a court of competent jurisdiction by the Enforcement Officer or their designee in order to enable such inspection, and the Enforcement Officer shall be required to obtain a search warrant whenever an owner refuses to permit a warrantless inspection of the premises after having been advised of their constitutional right to refuse entry without same. SECTION 12. VACANT BUILDING REGISTRATION FEES. The owner of a vacant building shall pay an annual fee of $500 for residential buildings and $1,000 for commercial building for the period the building remains a vacant building. SECTION 13. VACANT PLACARDING. After a structure has been deemed vacant pursuant to this Town of Cortlandville’s Vacant Property Law, the property shall be posted with information for interested parties. Additionally, if there are code violations or the property is deemed unsafe by the Town Building Code Department, the property will also be placarded with a red box with a white “X” to alert the public that the building is unsafe. JULY 6, 2022 TOWN BOARD MEETING PAGE 8 SECTION 14. CONTACT TOWN BUILDING CODE DEPARTMENT. Once a building has been deemed vacant, the property owner or agent shall contact the Town of Cortlandville Building Code Department before any work is performed on the structure. The Building Code Department can be reached by phone at (607) 756-7490 or in person at the Raymond G. Thorpe Municipal Building at 3577 Terrace Road. SECTION 15. PENALTIES FOR OFFENSES. Anyone violating any of the provisions of this chapter shall, upon conviction thereof, be punishable by a fine of not more than $250 or by imprisonment for a term of not more than 15 days, or by both such fine and imprisonment. SECTION 16. 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. SECTION 17. EFFECTIVE DATE. This Local Law shall be effective upon its filing with the Secretary of State in accordance with the Municipal Home Rule Law, and shall apply to all vacant properties existing at the time of the effective date. Under new business, Town Clerk Rocco-Petrella informed the Board that the Town’s telephone provider, Windstream Communication would be terminating service effective August 2, 2022. She recalled that in April 2022 the Board authorized the Supervisor to sign a new contract with Windstream. Less than a week later the Town received service cancellation notices. The Town Bookkeeper, Town Clerk, and Water/Sewer Superintendent followed up with the Town’s Windstream Account Representative who indicated that the Town could continue its service and would provide a new contract to be signed. However, approximately a week and a half ago the Account Representative sent a communication that the Town’s service would be terminated August 2, 2022. Town Clerk Rocco-Petrella and Supervisor Williams were working on a solution and quotes for an upgraded system that would accommodate the needs of the various departments, including the Town’s pump stations. The Town would have to act quickly to switch service and complete the upgrades. The new system would be IP based and would provide more options and services than the Town’s current phone system and service provider offer. While the deadline to make the conversion was approaching quickly, Supervisor Williams indicated that a new updated system would provide benefits such as connecting the phone system for all Town buildings, including the Town Hall, Court, Water/Sewer Department, and Highway Department. More discussion would be had on the matter, as action was needed quickly. In other business, Town Clerk Rocco-Petrella mentioned that the July water/sewer bills were mailed June 30th and are payable by July 31, 2022 without penalty. The Summer edition of the Town Newsletter, Talk of the Town was released on June 21, 2022. Copies were available at the Town Hall or on the Town’s website, cortlandville.org. Town Clerk Rocco-Petrella also mentioned that the Cortland County Junior Fair was being held this week. She urged the public to attend the Fair and to support the youth in the community. Attorney DelVecchio reported: Attorney DelVecchio recalled that after discussion at the last Town Board meeting regarding videoconference meetings and amendments to the Public Officers Law - Open Meetings Law, he researched the matter and drafted a proposed local law that he would circulate to the Board in the next few days. He explained that in order for municipalities to continue to use technology like Zoom to conduct public meetings, which were necessary during COVID, the Legislature wants each town to comply with further amendments of the Public Officers Law. There is a requirement now that if a municipality intends on conducting a videoconference for any public body, that it adopts a local law authorizing the town to do so. He explained that the draft law would be JULY 6, 2022 TOWN BOARD MEETING PAGE 9 circulated to the Board in the next few days. He stated that the Town Board, Planning Board and ZBA have had success conducting the videoconference meetings and that it was a nice tool to have in the event that another COVID outbreak occurs, or if a councilmember is out of town they can remotely. Supervisor Williams voiced his support for such a local law, if for no other reason that it was unsafe to meet in person. He mentioned that he attended a virtual meeting last week with people in different locations, which was convenient. With advances in technology, it made sense to move forward with the local law. After further discussion it was decided that Attorney DelVecchio would formally present the local law at the next meeting, at which time the Board could acknowledge receipt and schedule a public hearing. Town Board Member Reports: Councilman Donlick recalled that he was asked to look into electric vehicle chargers after being approached by an organization to install them for free and let the Town share in the profits. He and another Board member communicated and met with two different companies; one of the companies was more responsive than the other. Councilman Donlick previously provided the information to the Board and to Attorney DelVecchio for review. He stated that at some point the Board would have to decide on what action to take. Attorney DelVecchio thanked Councilman Donlick for his work. He mentioned that he reviewed the proposed contract with Greenspot. Two items stuck out to him: 1. Greenspot would pay the Town 10% of the profits on a quarterly basis; 2. There was a no compete clause, in which the Town would have to get permission from Greenspot to sign on with another company. Supervisor Williams asked if the Board wanted to move forward. Councilman Donlick made a motion to move forward with the contract with Greenspot electric vehicle chargers. RESOLUTION #198 AUTHORIZE SUPERVISOR TO SIGN THE SITE HOST AGREEMENT BETWEEN THE TOWN OF CORTLANDVILLE AND GREENSPOT JC, LLC TO PROVIDE ELECTRIC VEHICLE CHARGING SERVICES FOR THE TOWN OF CORTLANDVILLE 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 authorize and direct the Supervisor to sign the Site Host Agreement between the Town of Cortlandville and Greenspot JC, LLC to provide electric vehicle charging services for the Town of Cortlandville. Councilman Leach thanked Highway Superintendent Drach and his crew for their work on Ely Road, which was recently paved. He also commended the Cortland Standard for a well- written article about the history of the county around the 4th of July. Councilman Cobb apprised the Board that the Comprehensive Plan Implementation Committee would be meeting on July 18, 2022. The Committee was making progress and was about ¾ of the way through the short-term goals. Supervisor Williams mentioned that at the end of the regular business items the Board would convene to an executive session to discuss personnel and contracts. The Board may take action afterwards. Councilman Leach made a motion, seconded by Councilman Guido, to receive and file correspondence from Thoma Development Consultants, dated June 15, 2022, updating the Board with regard to the NYS Community Development Block Grant for Seven Valley Specialty Cables (CDBG #287ED967-21). All voting aye, the motion was carried. JULY 6, 2022 TOWN BOARD MEETING PAGE 10 RESOLUTION #199 ACKNOWLEDGE THE SIGNING OF THE NYS COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) CLOSEOUT DOCUMENTS FOR THE 2019 TOWN-WIDE HOUSING REHABILITATION GRANT PROGRAM (CDBG #287HR323- 19) AND THE SUCCESSFUL COMPLETION OF THE GRANT 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 acknowledge that the Supervisor signed the NYS Community Development Block Grant (CDBG) Closeout Documents for the 2019 Town - wide Housing Rehabilitation Grant Program, and it is further RESOLVED, the Town Board hereby acknowledges the successful completion of the Town’s NYS CDBG and receipt of the Certificate of Completion, by receiving and filing the correspondence and Closeout Documents from the New York State Office of Homes and Community Renewal dated June 27, 2022. Councilman Leach made a motion, seconded by Councilman Cobb, to receive and file correspondence from the State of New York Office of Renewable Energy Siting, received June 15, 2022, regarding the Homer Solar Energy Center, LLC filing an application with the Office of Renewable Energy on July 22, 2021 to construct and operate a 90-megawatt solar energy facility located in the Towns of Homer, Cortlandville, and Solon, Cortland County, and the Public Comment Hearing to be held on Tuesday, August 2, 2022 at 5:00 p.m. at the Center for the Arts in Homer, New York. All voting aye, the motion was carried. RESOLUTION #200 ACKNOWLEDGE JULIE M. GROSS, REAL PROPERTY ASSISTANT FOR THE SUCCESSFUL COMPLETION OF THE CIVIL SERVICE EXAM 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 acknowledge and congratulate Julie M. Gross, Real Property Assistant for the successful completion of the Civil Service Exam in the top three percentile, and it is further RESOLVED, the provisional appointment of Julie M. Gross as Real Property Assistant is now a permanent appointment. Councilman Leach made a motion, seconded by Councilman Cobb, to receive and file correspondence from Kaitlin Francher dated June 8, 2022, regarding her support for the Homer, Cortlandville & Solon Solar Energy Project of EDF Renewables. All voting aye, the motion was carried. Councilman Donlick made a motion, seconded by Councilman Cobb, to receive and file correspondence from the Ray Burger, Director of Planning for the Town of Dryden, dated June 17, 2022, regarding the Town of Dryden Comprehensive Plan Amendment and continuation of the June 16, 2022 public hearing on July 21, 2022. All voting aye, the motion was carried. Councilman Cobb made a motion, seconded by Councilman Leach, to receive and file correspondence from Young/Sommer, LLC representing the Homer Solar Energy Center, LLC (HSEC), dated June 29, 2022, regarding the Application of HSEC (Matter No. 21-00976) for a 94- c Permit for Major Renewable Energy Facility, as well as the “Joint Application for a Permit pursuant to Section 404 of the Clean Water Act”. All voting aye, the motion was carried. JULY 6, 2022 TOWN BOARD MEETING PAGE 11 RESOLUTION #201 ESTABLISH MILEAGE RATE FOR PERSONAL VEHICLES USED FOR TOWN BUSINESS FOR THE YEAR 2022 AS REVISED BY THE IRS TO BE EFFECTIVE JULY 1, 2022 Motion by Councilman Leach Seconded by Councilman Guido VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0 ADOPTED BE IT RESOLVED, the mileage rate to be paid by the Town, for personal vehicles used for town business, is hereby established at the Federal IRS mileage rate (revised June 9, 2022) for the year 2022 (62.5 cents per mile) and is subject to audit by the Town Board, effective July 1, 2022. RESOLUTION #202 AUTHORIZE SUPERVISOR TO SIGN THE CONTRACT WITH SMITH SITE DEVELOPMENT, LLC FOR GUTCHESS LUMBER SPORTS COMPLEX PHASE 2 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 authorize and direct the Supervisor to sign the contract between the Town of Cortlandville and Smith Site Development, LLC for Gutchess Lumber Sports Complex Phase 2, as awarded at the Special Town Board Meeting held June 27, 2022, for the total cost of $3,152,189.00. No further comments or discussion were heard. Councilman Guido made a motion, seconded by Councilman Donlick 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 5:49 p.m. Councilman Leach 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 6:31 p.m. Members of the public were invited to return to the meeting at this time. RESOLUTION #203 APPROVE PROPOSAL FROM BEARD ELECTRIC, LLC FOR UPGRADES TO THE TOWN OF CORTLANDVILLE’S ENTIRE TELEPHONE SYSTEM AND AUTHORIZE THE TOWN CLERK TO SIGN THE AGREEMENT WITH NEC UNIVERGE BLUE AND MYTELPROS (MTP) TO PROVIDE TELEPHONE COMMUNICATION SERVICES Motion by Councilman Leach Seconded by Councilman Guido VOTES: AYE – Williams, Cobb, Donlick, Guido, Leach NAY – 0 ADOPTED WHEREAS, per Town Board Resolution #130 of 2022, adopted April 20, 2022, the Town Board authorized the Supervisor to sign a 36-month renewal contract between Windstream and the Town of Cortlandville regarding the Town’s landline telephones, and WHEREAS, on April 25, 2022, the Town received communication (dated April 15, 2022) from Windstream Enterprise that the Town’s telephone service would be terminated and disconnected effective August 2, 2022 resulting in the need to find an alternate provider, and JULY 6, 2022 TOWN BOARD MEETING PAGE 12 WHEREAS, as a result of the letter, the 36-month renewal contract was not signed by the Supervisor and research was conducted to find a new provider that could accommodate and upgrade the Town’s phone system to include the Town Hall, Water/Sewer Department, Highway Department, and the Town’s seven pump stations located throughout the Town, and WHEREAS, it was determined that the Town’s telephone system must be upgraded to accommodate a cloud-based communication system and a proposal was provided by Beard Electric, LLC to replace the telephone system, including the integration of the pump stations and Highway Department for a cost not to exceed $3,691.00 to Beard Electric plus a $15.00 monthly subscription fee for each pump station (total $1,260.00 per year), and a proposal from NEC Univerge Blue to provide communication services, equipment, and the installation/training/programming thereof for the approximate one-time fee of $2,615.40 and the approximate monthly charges of $1,040.15 to be paid by voucher, therefore BE IT RESOLVED, the Town Board does hereby authorize and direct the Town Clerk to sign the proposal from Beard Electric, LLC to replace the telephone system for a cost not to exceed $3,691.00 plus the $15.00 monthly subscription fee per pump station, and it is further RESOLVED, the Town Board further authorizes the Town Clerk to sign the agreement with NEC Univerge Blue and Mytelpros (MTP) to provide communication services for the Town of Cortlandville to be billed monthly, with a one-time fee not to exceed $2,615.40 for the installation/training/programming of the new system. RESOLUTION #204 AUTHORIZE HIRING RICHARD C. TUPPER AS A FINANCIAL ADVISOR TO THE TOWN OF CORTLANDVILLE 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 authorize and direct the Supervisor to hire Richard C. Tupper as a Financial Advisor to the Town of Cortlandville, effective July 1, 2022 through December 31, 2022, at a rate of $2,000.00 per month, with an option to renew his services. No further comments or discussion were heard. Supervisor Williams adjourned the Regular Meeting at 6:34 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 July 15, 2022. The final version of this meeting was approved as written at the Town Board meeting of July 20, 2022.